BC School Act

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This Act has “Not in Force” sections. See the Table of Legislative Changes.

SCHOOL ACT

[RSBC 1996] CHAPTER 412

Contents
Part 1 — Interpretation
1 Definitions and interpretation
Part 2 — Students and Parents
Division 1 — Students
2 Access to educational program
3 Entry to educational program
3.1 Enrolment — distributed learning
4 Consultation
5 Language of instruction
6 Duties of students
Division 2 — Parents
7 Parents’ entitlements and responsibilities
7.1 Parent volunteers
8 Parents’ advisory council
8.1 Repealed
8.2 Repealed
8.3 School plan
8.4 District parents’ advisory council
8.5 Purpose and operation of district parents’ advisory council
Division 3 — Joint Rights and Duties
9 Examination of student records
10 Liability for damage to property
11 Appeals
11.1 Appeals to superintendent of appeals
11.2 Powers and duties of superintendent of appeals on appeal
11.3 Board decision may be suspended
11.4 Adjudication of appeals
11.5 Reconsideration by board
11.6 Decision final
11.7 Application of the Administrative Tribunals Act
11.8 Immunity protection for superintendent of appeals, mediator or adjudicator
Division 4 — Home Education
12 Home education
13 Registration
14 Power to report
Part 3 — School Personnel
Division 1 — General
15 Employees
16 Report of dismissal, suspension and discipline regarding authorized persons
16.1 Report of dismissal, suspension and discipline regarding superintendents
17 Teachers’ responsibilities
18 Teachers’ assistants
19 Employee  qualifications
20 Principal, vice principal and director of instruction
21 Offer of teaching position and seniority
22 Superintendent of schools
23 Secretary treasurer
24 Notification of appointment
25 Act prevails
26 Powers to suspend
26.1 Board use of volunteers
Division 2 — Teachers’ Collective Agreements
27 Terms and conditions of teachers’ employment and restricted scope of bargaining
27.1 Repealed
28 Scope of bargaining
29 Application of the Labour Relations Code
Part 4 — School Trustees
Division 1 — Establishment of Boards of Education
30 Composition of board
31 First members of board
Division 2 — Trustee Qualifications
32 Who may hold office
33 Disqualifications
34 Disqualification of board employees
Division 3 — Elections
35 General school election
36 By-elections
37 Responsibility for conducting elections
38 Costs of trustee election conducted by municipality
Division 4 — Electors
39 Who may vote at an election
40 Resident electors
41 Non-resident property electors
42 Rules for determining residence
43 Registration as an elector
44 Repealed
Division 5 — Election Proceedings
45 Elections conducted by board
46 Elections conducted by municipality
46.1 Candidate endorsement by elector organization
47 Counting of the vote
48 Election offences
Division 6 — Holding Office
49 General term of office
50 Oath of office
51 Resignation from office
52 Trustee disqualification from holding office
53 Removal of trustee following conviction for offence
54 Questions as to trustee qualifications
Part 5 — Conflict of Interest
55 Definitions
56 Indirect pecuniary interest
57 Deemed pecuniary interest
58 Duty of trustee
59 Exceptions
60 Record of disclosure
61 Remedy for lack of quorum
62 Application to court
63 Remedy
64 Proceedings voidable
Part 6 — Boards of Education
Division 1 — Corporate Status and Meetings
65 Board is a corporation
66 Quorum
67 Meetings and chair
68 Passage of bylaws
69 Attendance of public and secretary treasurer at meeting
70 Improper conduct at meetings
71 Remuneration and expense allowance
72 Minutes
Division 2 — Powers and Duties
73 Establishment and closure of schools
74 Management of schools and property
74.01 Video surveillance cameras
74.1 Enrolment in an educational program
75 Provision of educational program
75.1 Catchment areas
76 Conduct
76.1 Class size
76.2 to 76.7 Repealed
76.8 Authority of vice principal under section 76.1
77 Repealed
78 Repealed
78.1 Repealed
79 Student records
79.1 Transmitting records
79.2-79.4 Repealed
80 Repealed
81 Reports
81.1 Repealed
82 Fees and deposits
82.1 Specialty academies
82.2 Trades programs
82.3 Musical instruments
82.31 International Baccalaureate
82.4 Requirement for financial hardship policy
83 Financial assistance
84 Insurance
85 Power and capacity
85.1 Use of board property
86 Agreements
87 Training of student teachers
Division 2.1 — School Calendars
87.01 School calendar
87.02 School calendar — amendment
87.03 Requirement to comply with school calendar
Division 3 — Health and Other Support Services
87.1 Definitions for this Division
88 Support services for schools
89 School medical officer
90 Inspection and closure of school
91 Examinations and reports by school medical officer
92 Board may require employee to undergo examination
Division 4 — Limitation of Actions and Indemnification
93 Interpretation
94 Actions against board
95 Indemnification against proceedings
Part 6.1 — Companies
Division 1 — Interpretation
95.1 Definitions
95.11 Definitions — application of Business Corporations Act
95.12 Repealed
Division 2 — Incorporation
95.2 Formation of company
95.21 Formation of companies — signature on articles
95.22 Effect of incorporation
95.23 Formation of companies — application of the Business Corporations Act
95.231 Company without a member
95.24 Corporate name
95.25 Share capital
95.26 Member of one company
95.27 Capacity and powers — application of the Business Corporations Act
95.28 Repealed
95.29 Company offices — application of the Business Corporations Act
Division 3 — Finance
95.3 Share transfer
95.31 Guarantees and indemnities
95.32 Shares and liabilities of members — application of the Business Corporations Act
95.33 Loans and transfers to a company
95.34 Borrowings — application of the Business Corporations Act
Division 4 — Management
95.4 Number of directors
95.41 Management — application of the Business Corporations Act
95.411 Residence of majority of directors
95.412 Financial assistance restricted
95.413 When loans and guarantees prohibited
95.414 Contract enforceable
95.42 Annual general meetings
95.43 Attendance of public and secretary treasurer at meetings
95.44 Improper conduct at meetings
95.45 Minutes of proceedings
Division 5 — Records
95.5 Examination of records
95.51 Inspection of accounting records
95.52 Records — application of the Business Corporations Act
95.53 Annual report
Division 6 — Audits
95.6 Audit committee
95.61 Audits — application of the Business Corporations Act
95.62 Appointment of auditors
95.63 Duties and rights of auditor
Division 7 — Company Alterations
95.7 Conversion of a company
95.71 Liabilities unaffected by conversion
95.72 Company alterations — application of the Business Corporations Act
95.73 Special resolution must be approved by bylaw
Division 8 — Proceedings, Dissolution and Restoration and Administration
95.8 Proceedings — application of the Business Corporations Act
95.81 Member of more than one company
95.82 Dissolution and restoration — application of the Business Corporations Act
95.83 Administration — application of the Business Corporations Act
Division 9 — Regulations
95.9 Regulations — application of Business Corporations Act
95.91 Transition
Part 7 — School Property
Division 1 — Acquisition and Disposal of Land and Improvements
96 Acquisition and disposal of land
97 Assets in board’s name
98 Sites
99 Grants of Crown land
100 Disposition of proceeds on alienation
100.1 Disposition of proceeds from a lease
101 School sites under the Local Government Act
Division 2 — School District Housing
102 Authority to provide housing
103 Repealed
104 Financing
105 Rent
106 Application of Division
Part 8 — Finance
Division 1 — Provincial Funding
106.1 Definitions
106.2 Provincial funding for boards
106.3 Operating grants to boards
106.4 Targeted grant
107-108 Repealed
109 Repealed
Division 2 — Establishment of Board Budgets
110 Financial information
111 Preparation of annual budget
112 Referendum
112.1 Referendum bylaw
113 Adoption of budget
Division 3 — Grants
114 Payment of grants
115 Special purpose grants
115.1 Annual facility grant
115.2 Learning improvement fund
116 Support of Provincial schools
117 Conditions of grant payment
Division 4 — Taxation
118 Grants in place of taxes
119 Provincial levy of tax on land and improvements
120 Variable tax rate system for taxation
121 Adjustments
122 Liability for taxation
123 Application of other Acts for rural areas
124 Collection of school taxes by municipality
125 Interest on unpaid taxes
126 Inspection
127 Application of other Acts for municipalities
128 General provisions on collection of school taxes
129 Taxation of school property
130 Agricultural land reserve exemption
131 Other exemptions
131.1 School tax exemptions and refunds for approved and eligible alternative energy power projects
131.2 Provincial industrial property tax credit
131.3 Provincial farm land tax credit
132 Corporations
133 Assessor may require information in rural area
134 Collector to apply Taxation (Rural Area) Act
135 Appeal
136 Assessment to repay borrowed money
137 School referendum taxes
Division 5 — General
138 Regulations
139 Short term borrowing
140 First charges
Division 6 — Capital Plans and Money Bylaws
141 Capital projects
142 Capital plan
143 Capital bylaws
144 Borrowing for capital expenditures
145 Sinking fund debentures
146 Issue of debentures to certain special purchasers
Division 7 — Debentures
147 Issue of debentures
148 Signature and corporate seal
149 Debentures guaranteed
150 Registration of debentures and transfers
151 Validity of debentures
152 Issue of duplicate debenture
153 Provincial repayments to board
154 Repayment of debentures
Division 8 — Accounts and Audits
155 Repealed
156 Accounting practices
157 Financial statements
157.1 Financial information
158 Appointment of auditor
159 Rescission of auditor’s appointment
160 Minister may remove auditor
161 Duties of auditor
162 Auditor to report irregularities
163 Unauthorized expenditures
164 Duty to assist auditor
165 Auditor’s power to obtain records
166 Elector may object
Part 8.1 — Francophone Education Authorities
Division 1 — Interpretation
166.1 Definitions
166.11 Interpretation
Division 2 — Establishment and Membership
166.12 Establishment of francophone education authorities
166.13 Membership in a francophone education authority
166.14 Members’ right to vote
166.15—166.16 Repealed
Division 3 — Regional Trustees
166.17 Appointment of first regional trustees
166.18 General election of regional trustees
166.19 Oath of office
166.2 Vacancy in office of regional trustee
166.21 Powers, functions and duties of board of regional trustees
166.211 Repealed
166.22 Meetings of the board of regional trustees
166.23 Conflict of interest
Division 4 — Francophone Educational Programs
166.24 Enrolment in a francophone educational program
166.241 Priority of enrolment
166.25 Provision of francophone educational programs
166.251 Francophone catchment areas
166.26 Rights and duties of enrolled children and their parents
Division 5 — Personnel
166.27 Directeur général and secrétaire trésorier
166.28 Francophone school personnel
Division 6 — School Property
166.29 Acquisition and disposal of land and improvements
166.3 Housing accommodation
Division 7 — Finance
166.31 Establishment of budgets for francophone education authorities
166.32 Grants
166.33 Taxation of francophone school property
166.34 Short term borrowing and first charges
166.35 Capital plans and money bylaws
166.36 Debentures
166.37 Accounts and audits
166.38 Member may object
166.39 Right of action preserved
Division 8 — General
166.4 Additional powers and duties of a francophone education authority
166.41 Health and other support services
166.42 Limitation of actions against francophone education authority
166.43 Indemnification against proceedings
166.431 Appointment of special advisor or special advisory committee to francophone school district
166.432 Powers of special advisor to a francophone school district
166.433 Responsibilities of the francophone education authority
166.44 Appointment of official trustee
166.45 Powers of official trustee
166.451 School calendars
166.452 Reimbursement of expenses for designated educational activities
166.453 Annual practice fee
166.46 Maintenance of order
166.47 Administrative directives
Part 9 — General
Division 1 — Ministry of Education
167 Ministry of Education
168 Jurisdiction of minister
168.01 Minister’s regulations
168.02 Minister’s regulations — school calendars
168.03 Administrative directives
168.04 Administrative directives — projects
168.1 Reimbursement of expenses for designated educational activities
168.2 Annual practice fee
169 Annual report and ministerial statement
170 Student personal information
170.1 Personal education numbers
170.2 Public post-secondary students
170.3 Not in force
170.4 Student financial assistance
170.5 Repealed
Division 2 — Education Advisory Council
171 Education advisory council
Division 2.1 — Special Advisor and Special Advisory Committee
171.1 Appointment of special advisor or special advisory committee
171.2 Powers of special advisor
171.3 Responsibilities of the board
Division 2.2
171.4-171.6 Repealed
Division 3 — Official Trustee
172 Appointment of official trustee
173 Powers of official trustee
Division 4 — Examiners
174 Appointment of boards of examiners
Division 5 — Lieutenant Governor in Council Regulations and Orders
175 Power to make regulations and orders
176 Creation and alteration of school districts
Division 6 — Offences
177 Maintenance of order
Division 7 — Validation of Fees
178 Validation of fees — International Baccalaureate program
Schedule
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