Alberta School Act
Alberta School Act
Alberta School Act
SCHOOL ACT
Office Consolidation
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Regulations
The following is a list of the regulations made under the School Act that are filed
as Alberta Regulations under the Regulations Act
Alta. Reg.
Amendments
School Act
SCHOOL ACT
Chapter S-3
Table of Contents
1
2
3
4
5
6
7
Interpretation
Limitations
Diversity in shared values
Application to Francophone Education Regions
Application to regional divisions
Enrolment in Francophone school
Regulations
Part 1
Students
8
9
10
11
12
13
14
15
16
16.1
16.2
Part 2
Schools
Division 1
Schools Operated by a Board
17
18
19
20
Application of Division
Teachers
Principals designated
Principals
1
SCHOOL ACT
21
22
23
24
25
26
27
Alternative programs
School council
Student records
Suspension
Expulsion
Flags
Prohibited activities
Division 2
Other Schools
28
29
30
Private schools
Home education program
Early childhood services program
Division 3
Charter Schools
31
32
33
33.1
34
35
36
37
38
Application
Charter schools
Restriction on operator
Transitional
Operation of charter schools
Charter
Application of Act
Regulations
Application of order or regulation
Division 4
General
39
40
41
42
43
43.1
Part 3
School Boards
Division 1
Provision of Educational and Associated Services
44
45
45.1
46
Resident student
Responsibility to students
Board responsibility
Foreign students
2
RSA 2000
Chapter S-3
SCHOOL ACT
47
48
49
50
50.1
50.2
51
52
53
54
55
56
57
58
59
60
61
61.1
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
Pecuniary interest
3
RSA 2000
Chapter S-3
SCHOOL ACT
81
82
83
84
85
86
87
88
89
90
91
Disclosure of information
Disqualification of trustees
Disclosure of pecuniary interest
Effect of interest on contract
Resignation on disqualification
Refusal to resign on disqualification
Appeal of boards resolution
Hearing of application
Dismissal of application for disqualification
Appeal of declaration of disqualification
Reimbursement
Part 4
Employment
Division 1
Teachers
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
109.1
110
111
112
Qualifications re employment
Qualifications re supervisory position
Regulations
Acting principal
Administrative, supervisory and consultative positions
Contracts of employment
Probationary contract
Continuing contract
Substitute teachers
Temporary contract
Interim contract
Part-time contract
Transfer of teacher
Suspension of teacher
Termination of contract
Termination by board
Termination by teacher
Notice of termination
Duty to report
Termination of designation
Salaries
Unqualified teachers
Division 2
Non-teaching Employees
113
Superintendent of schools
4
RSA 2000
Chapter S-3
SCHOOL ACT
114
115
116
117
Term of appointment
Regulations
Secretary and treasurer
Other non-teaching employees
Division 3
General
118
119
120
121
122
Medical examination
Labour relations
Trustees
Employee contracts
Return of property on ceasing to hold office
Part 5
Appeals
Division 1
Appeals Concerning Student Matters
123
124
125
Appeal to board
Review by the Minister
Powers on review
Division 2
Attendance Board
126
127
128
129
130
Duties re hearings
Matters governing hearings
Order of Board
Establishment of Board
Sitting in panels
Division 3
Board of Reference
131
132
133
134
135
136
137
138
139
140
141
142
Board
Appeal
Notice of appeal
Appeal referred to Board
Investigation
Hearing
Appeal from suspension
Order of Board
Irregularities in notice of appeal
Costs
Deposit
Enforcement of order
5
RSA 2000
Chapter S-3
SCHOOL ACT
143
144, 144.1
Part 6
Finance
Division 1
General
145
146
147
148
149
150
151
152
Definitions
Auditor
Financial reporting
Contents of financial statements and authority to
disclose personal information
Auditors report
Examination of auditors report
Report to Minister
Application of funds
Division 2
Assessment of Property
152.1
153
154
155
156,157
158
159
160
161
162
163
Interpretation
Assessment
Property owned by individuals
List of separate school district residents
Notice of assessability
Evidence
Effect of notice
Assessment of corporation
Equalized assessment
False statement re assessment
Offence
Division 3
Requisitions
164
164.1
165
166
167
168
169
RSA 2000
Chapter S-3
SCHOOL ACT
Division 4
Alberta School Foundation Fund
170
171
172
173
174
175
176
177
178
179
180
181
182
Definition
Authorization of levy and collect taxes
Collecting board
Exemption
Division 6
Borrowing
183
184
185
186
187
188
189
Borrowing
Loan on debentures limited
Validity of debentures
Use of unexpended debenture proceeds
Improper application of money borrowed
Liability of trustees
Enforcement of liability of trustees
Division 7
Special School Tax Levy
190
191
192
193
194
Plebiscite
Special school tax levy
Assessment and requisition
Plebiscite
Hamlet
Part 7
Property
Division 1
General
195
RSA 2000
Chapter S-3
SCHOOL ACT
196
197
198
199
200
201
RSA 2000
Chapter S-3
Acquisition of property
Joint property
Buildings other than school buildings
Expropriation
Disposition of property
Regulations
Division 2
School Buildings
203
204
205
206
Approval
School building projects
Approval of project
Regulations
Part 8
Creation, Dissolution and Alteration
of Districts, Divisions and Boards
Division 1
Establishment and Dissolution of Public
School Districts and Divisions
207
208
209
210
211
Establishment of district
Establishment of division
Effect of establishment
Rearrangement
Effect on town or village
Division 2
Establishment and Dissolution of Separate School Districts
212
213
214
215
216
217
218
219
220
221
Definitions
Right to establish separate schools
Petition for establishment
Calling of meeting
Notice of meeting
Conduct of meeting
Notification to Minister
Establishment of district
Effect of establishment
Dissolution
SCHOOL ACT
RSA 2000
Chapter S-3
Division 2.1
Establishment of Separate School Regions
221.1
221.2
221.3
Definition
Establishment of Separate School Region
Regulations
Division 3
Establishment and Dissolution of Regional Divisions
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
Regional agreements
Establishment of regional division
Bylaws
Lieutenant Governor in Council order
Election of trustees
Effect of establishment
Petition for plebiscite to withdraw ward from regional division
Elected ward representatives
Vote against withdrawal of ward
Vote in favour of withdrawal of ward
Addition of ward to another regional division
Addition of ward to district or school division
Failure of negotiations
Regulations
Regional divisions consisting of former counties or Town of Devon
Conversion of regional division to school division
Division 4
Boundaries and Alterations
238
239
240
241
242
243
244
245
246
247
248
249
250
Establishment
Number of trustees
Change of name
Failure to elect trustee, etc.
Resignations
9
SCHOOL ACT
251
252
Filling vacancies
Official trustee
Part 9
Establishment and Dissolution of
Francophone Education Regions
252.1
253
253.1
254
255
255.1
255.2
255.3
255.4
255.5
256
257
Definitions
Establishment of Region
Minority in Region
Effect of establishment
Regional authority
Public and Separate Regional authorities
Transitional
Designation of schools
Separate school members
Responsibility and authority of Regional authority
Electors for Region
Dissolution of Regional authority
Part 10
General
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
10
RSA 2000
Chapter S-3
Section 1
SCHOOL ACT
RSA 2000
Chapter S-3
Part 11
Transitional
281
Section 1
SCHOOL ACT
RSA 2000
Chapter S-3
12
Section 1
SCHOOL ACT
RSA 2000
Chapter S-3
Section 1
SCHOOL ACT
RSA 2000
Chapter S-3
14
Section 1
SCHOOL ACT
RSA 2000
Chapter S-3
Section 2
SCHOOL ACT
RSA 2000
Chapter S-3
Limitations
2 The exercise of any right or the receipt of any benefit under this
Act is subject to those limitations that are reasonable in each
circumstance under which the right is being exercised or the benefit
is being received.
1988 cS-3.1 s2
Section 4
SCHOOL ACT
RSA 2000
Chapter S-3
17
Section 5
SCHOOL ACT
RSA 2000
Chapter S-3
Regulations
Part 1
Students
Right of access to education
Section 9
RSA 2000
Chapter S-3
SCHOOL ACT
1988 cS-3.1 s4
19
Section 11
RSA 2000
Chapter S-3
SCHOOL ACT
Students
Compulsory education
Section 13
SCHOOL ACT
RSA 2000
Chapter S-3
Section 14
RSA 2000
Chapter S-3
SCHOOL ACT
22
Section 15
RSA 2000
Chapter S-3
SCHOOL ACT
Attendance at school
15(1) Where
(a) a student who is required to attend a school under section
13 does not attend school, and
(b) attempts to enforce school attendance under section 14
have, in the opinion of the board, not been effective,
the board of which the student is a resident student or that operates
or supervises the school in which the student is enrolled may refer
the matter to the Attendance Board.
(2) Where a student who is required to attend a school under
section 13
(a) is enrolled in a private school, and
(b) does not regularly attend that private school,
and the person responsible for the operation of that private school
has made all reasonable efforts to ensure that the student attends
school, the person responsible for the operation of that private
school shall refer the matter to the Attendance Board.
1988 cS-3.1 s10;1990 c36 s5
23
Section 16.1
SCHOOL ACT
RSA 2000
Chapter S-3
(a) of one student, the student and the students parent are
jointly and severally liable to the board in respect of the
act of the student, or
(b) of 2 or more students acting together, the students and
their parents are jointly and severally liable to the board in
respect of the act of the students.
(2) Subsection (1) does not apply to the parent of an independent
student.
1988 cS-3.1 s11
24
Section 16.2
SCHOOL ACT
RSA 2000
Chapter S-3
Parents
Part 2
Schools
Division 1
Schools Operated by a Board
Application of Division
Teachers
Section 19
RSA 2000
Chapter S-3
SCHOOL ACT
Principals designated
Principals
26
Section 21
RSA 2000
Chapter S-3
SCHOOL ACT
Alternative programs
27
Section 22
SCHOOL ACT
RSA 2000
Chapter S-3
School council
Section 23
SCHOOL ACT
RSA 2000
Chapter S-3
Student records
29
Section 23
SCHOOL ACT
RSA 2000
Chapter S-3
30
Section 24
RSA 2000
Chapter S-3
SCHOOL ACT
Suspension
31
Section 25
SCHOOL ACT
RSA 2000
Chapter S-3
Expulsion
Section 26
SCHOOL ACT
RSA 2000
Chapter S-3
1999 c28 s4
Flags
Prohibited activities
Division 2
Other Schools
Private schools
33
Section 28
SCHOOL ACT
RSA 2000
Chapter S-3
34
Section 29
RSA 2000
Chapter S-3
SCHOOL ACT
30(1) A board or, with the approval of the Minister, a person may
provide an early childhood services program to
(a) a child who, as of September 1, is younger than 6 years of
age, if the parent of the child agrees, or
(b) a student, if the parent of the student and the board are of
the opinion that the program will benefit the student.
(2) A person or board that provides an early childhood services
program may charge fees in respect of the program from the parent
of a child referred to in subsection (1)(a) who attends the program.
(3) If a child referred to in subsection (1)(a) attends a program
under this section, the child is not, by reason of attending that
program,
(a) a resident student of the board, or
(b) entitled to any of the rights or benefits given to a student
under this Act.
(4) The Minister may make regulations respecting early childhood
services programs.
1988 cS-3.1 s24; 1990 c36 s9;1994 c29 s10;1997 c25 s5
Division 3
Charter Schools
Application
Section 32
SCHOOL ACT
RSA 2000
Chapter S-3
Charter schools
Restriction on operator
Transitional
36
Section 35
RSA 2000
Chapter S-3
SCHOOL ACT
(3) A charter school shall not charge a fee that may not be charged
by a board under this Act.
(4) A charter school shall not be affiliated with a religious faith or
denomination.
(5) Repealed 2001 c27 s9.
Charter
Application of Act
Section 37
RSA 2000
Chapter S-3
SCHOOL ACT
(e) Part 4;
(f) Part 5;
(g) in Part 6, sections 145 to 152, 178 and 183;
(h) Part 7 except section 199;
(i) in Part 10, sections 272 to 280.
(2) Notwithstanding subsection (1), the Lieutenant Governor in
Council
(a) may exempt a charter school from the operation of any
provision of this Act, except sections 31, 32, 34 and 35, or
of the regulations, or
(b) may make any provision of this Act or the regulations
apply to a charter school.
RSA 2000 cS-3 s36;2001 c27 s11;2015 c1 s3
Regulations
38
Section 39
SCHOOL ACT
RSA 2000
Chapter S-3
Division 4
General
Courses, programs, etc.
Section 40
SCHOOL ACT
RSA 2000
Chapter S-3
Investigators
40(1) The Minister may appoint a person to inquire into and report
on
(a) any appeal, complaint or dispute arising from the decision
of a board or inspector or other school official,
(b) the condition of one or more schools, or
(c) any other school matter.
(2) A person appointed under subsection (1) may take evidence on
oath.
(3) The Minister may, on receipt of a report under subsection (1),
make any order that to the Minister seems proper.
1994 cG-8.5 s68
40
Section 42
RSA 2000
Chapter S-3
SCHOOL ACT
Official trustee
Inspections
Section 43.1
RSA 2000
Chapter S-3
SCHOOL ACT
Part 3
School Boards
Division 1
Provision of Educational
and Associated Services
Resident student
Section 44
SCHOOL ACT
RSA 2000
Chapter S-3
Section 44
SCHOOL ACT
RSA 2000
Chapter S-3
Section 45
SCHOOL ACT
RSA 2000
Chapter S-3
Responsibility to students
45
Section 45.1
SCHOOL ACT
RSA 2000
Chapter S-3
Board responsibility
46
Section 46
RSA 2000
Chapter S-3
SCHOOL ACT
and
(e) be in accordance with any further requirements
established by the Minister by order.
(4) An order of the Minister under subsection (3)(e) must be made
publicly available.
2015 c1 s3
Foreign students
48(1) A board may determine that a student has special needs that
cannot be met in an education program that can be provided by the
board under any other provision of this Act.
(2) If a board makes a determination under subsection (1) in
respect of a student, the board shall refer the matter to a Special
Needs Tribunal, which shall confirm the boards determination or
determine that the board is able to provide the student with an
education program that is appropriate to the needs of the student.
(3) If a Special Needs Tribunal confirms the determination of a
board under subsection (1), it shall develop or approve a special
needs plan that is consistent with the needs of the student and, in
accordance with that plan, shall
47
Section 49
SCHOOL ACT
RSA 2000
Chapter S-3
Tuition fees
49(1) A board shall not charge any tuition fees with respect to the
enrolment in a school operated by the board of its resident students
or the resident student of any other board or the Government.
(2) A board may charge tuition fees in respect of an individual
who attends a school operated by the board and who is not a
resident student of the board or any other board or the Government.
(3) A tuition fee charged by a board under subsection (2)
(a) in respect of an individual who is entitled under section 8
to have access to an education program must not exceed
the cost to the board of having that individual enrolled in a
school operated by the board, and
48
Section 50
RSA 2000
Chapter S-3
SCHOOL ACT
49
Section 50.1
SCHOOL ACT
RSA 2000
Chapter S-3
Notice to parent
Complaint process
Transportation
50
Section 52
SCHOOL ACT
RSA 2000
Chapter S-3
Transport by parent
51
Section 53
SCHOOL ACT
RSA 2000
Chapter S-3
Maintenance allowance
Continuing education
Section 56
RSA 2000
Chapter S-3
SCHOOL ACT
(6) Where
(a) a board provides a course under this section,
(b) a person registers in the course referred to in clause (a),
and
(c) the person referred to in clause (b) is not otherwise a
resident student of the board that provides the course,
that person is not, by reason of being registered in that course,
(d) a resident student of that board, or
(e) entitled to any of the rights or benefits given to a student
under this Act.
1988 cS-3.1 s38;1994 c29 s17
Section 57
RSA 2000
Chapter S-3
SCHOOL ACT
Division 2
Operation and Management
Powers of separate school boards
Section 60
SCHOOL ACT
RSA 2000
Chapter S-3
Powers of boards
55
Section 60
SCHOOL ACT
RSA 2000
Chapter S-3
56
Section 61
RSA 2000
Chapter S-3
SCHOOL ACT
Delegation of power
57
Section 62
SCHOOL ACT
RSA 2000
Chapter S-3
Agreements
Section 63
SCHOOL ACT
RSA 2000
Chapter S-3
59
Section 64
SCHOOL ACT
RSA 2000
Chapter S-3
Organizational meeting
Chair
Regular meetings
60
Section 67
SCHOOL ACT
RSA 2000
Chapter S-3
Special meetings
Procedure
Readings of bylaw
Section 70
SCHOOL ACT
RSA 2000
Chapter S-3
(3) The first reading of a bylaw shall be in full and, if each board
member has in the members possession a written or printed copy
of the bylaw, the second and third readings may be by title and
description only.
1988 cS-3.1 s53
Open meetings
Quorum
62
Section 72
RSA 2000
Chapter S-3
SCHOOL ACT
Voting on question
Required votes
Records
63
Section 75
RSA 2000
Chapter S-3
SCHOOL ACT
Inspection of documents
Oath of office
77(1) A board shall provide the Minister with any information the
Minister requests in writing.
(2) The Minister may publish or otherwise disseminate any
information the Minister receives under subsection (1).
1990 c36 s21;1994 c29 s20
64
Section 78
RSA 2000
Chapter S-3
SCHOOL ACT
Accountability of board
Regulations
Division 3
Conflict of Interest
Pecuniary interest
65
Section 80
SCHOOL ACT
RSA 2000
Chapter S-3
Section 81
SCHOOL ACT
RSA 2000
Chapter S-3
Disclosure of information
81(1) Each trustee of a board shall file with the boards secretary a
statement showing
(a) the names and employment of the trustee and the trustees
spouse or adult interdependent partner and children,
(b) the names of the corporations, partnerships, firms,
governments or persons in which the trustee has a
pecuniary interest, and
(c) the names of the corporations, partnerships, firms,
governments or persons in which the trustees spouse or
adult interdependent partner or children under 18 years of
age have a pecuniary interest.
(2) The boards secretary shall
67
Section 82
SCHOOL ACT
RSA 2000
Chapter S-3
Disqualification of trustees
68
Section 83
SCHOOL ACT
RSA 2000
Chapter S-3
69
Section 84
RSA 2000
Chapter S-3
SCHOOL ACT
(2) If the matter with respect to which the trustee has a pecuniary
interest is the payment of an account for which funds have
previously been committed, it is not necessary for the trustee to
leave the room.
(3) If a trustee is temporarily absent from a meeting when a matter
in which the trustee has a pecuniary interest is introduced, the
trustee shall, immediately on the trustees return to the meeting or
as soon afterwards as the trustee becomes aware that the matter has
been considered, disclose the general nature of the trustees
pecuniary interest in the matter.
(4) The abstention of a trustee under subsection (1) and the
disclosure of a trustees pecuniary interest under subsection (3)
must be recorded in the minutes of the meeting.
(5) If a trustee
(a) has a pecuniary interest in a matter before the board, any
committee of the board or any commission, committee or
agency to which the trustee is appointed as a
representative of the board, and
(b) makes a disclosure of that pecuniary interest in
accordance with this section,
that trustee is not disqualified from being a trustee by reason of
having that pecuniary interest.
(6) Subsection (5) does not apply to an interest referred to in
section 82(1)(c) or (d).
(7) A trustee who contravenes this section is disqualified from
remaining as a trustee of the board.
1988 cS-3.1 s65
70
Section 85
SCHOOL ACT
RSA 2000
Chapter S-3
Resignation on disqualification
Section 88
SCHOOL ACT
RSA 2000
Chapter S-3
Hearing of application
Section 89
SCHOOL ACT
RSA 2000
Chapter S-3
Section 91
SCHOOL ACT
RSA 2000
Chapter S-3
(b) may order that any money paid to the board pursuant to
section 88(2) be paid back to the trustee together with any
interest.
(3) If, on the final disposition of the appeal, the disqualification is
set aside but the term of office for which the person was elected has
expired, the person shall not be reinstated, but the person is eligible
to be elected at the next general election for the election of trustees
to the board, if otherwise qualified.
1988 cS-3.1 s72
Reimbursement
91(1) If
(a) an application made under section 86(b) or (c) is
dismissed, or
(b) an order is made declaring that the person is qualified to
remain as a trustee of the board,
the board may reimburse the person in respect of whom the
application was made for any of the persons costs and expenses
that the board considers reasonable other than costs that have
already been awarded to the trustee by the Court.
(2) A board may contract for insurance in respect of payments
under subsection (1).
1988 cS-3.1 s73
Part 4
Employment
Division 1
Teachers
Qualifications re employment
74
Section 94
SCHOOL ACT
RSA 2000
Chapter S-3
Regulations
75
Section 94
SCHOOL ACT
RSA 2000
Chapter S-3
76
Section 94
SCHOOL ACT
RSA 2000
Chapter S-3
Section 95
RSA 2000
Chapter S-3
SCHOOL ACT
Acting principal
Section 97
RSA 2000
Chapter S-3
SCHOOL ACT
Contracts of employment
79
Section 98
RSA 2000
Chapter S-3
SCHOOL ACT
Probationary contract
80
Section 99
SCHOOL ACT
RSA 2000
Chapter S-3
Continuing contract
Substitute teachers
Temporary contract
Section 102
SCHOOL ACT
RSA 2000
Chapter S-3
Interim contract
Part-time contract
82
Section 104
SCHOOL ACT
RSA 2000
Chapter S-3
(b) the teacher does not agree to teach for that amount of time
as varied,
the board may terminate that teachers contract.
(4) Section 132 does not apply to the termination of a contract
under subsection (3).
1988 cS-3.1 s84
Transfer of teacher
83
Section 105
SCHOOL ACT
RSA 2000
Chapter S-3
had remained in the employ of the board for 30 days from the date
of the giving of the teachers notice of resignation.
1988 cS-3.1 s85
Suspension of teacher
84
Section 106
RSA 2000
Chapter S-3
SCHOOL ACT
Termination of contract
Termination by board
Section 108
RSA 2000
Chapter S-3
SCHOOL ACT
Termination by teacher
Notice of termination
Section 109.1
RSA 2000
Chapter S-3
SCHOOL ACT
Duty to report
87
Section 110
SCHOOL ACT
RSA 2000
Chapter S-3
Termination of designation
Salaries
Section 111
SCHOOL ACT
RSA 2000
Chapter S-3
Section 112
SCHOOL ACT
RSA 2000
Chapter S-3
Unqualified teachers
Section 113
RSA 2000
Chapter S-3
SCHOOL ACT
Division 2
Non-teaching Employees
Superintendent of schools
91
Section 114
SCHOOL ACT
RSA 2000
Chapter S-3
Term of appointment
Regulations
92
Section 117
RSA 2000
Chapter S-3
SCHOOL ACT
Division 3
General
Medical examination
Labour relations
Trustees
120 For the purposes of the Labour Relations Code and the
Employment Standards Code, neither
(a) a trustee of a board, nor
(b) an official trustee appointed under this Act,
is an employee of the board.
1988 cS-3.1 s100;1989 c17 s23;1994 cG-8.5 s68
Employee contracts
Section 122
SCHOOL ACT
RSA 2000
Chapter S-3
94
Section 123
RSA 2000
Chapter S-3
SCHOOL ACT
Part 5
Appeals
Division 1
Appeals Concerning Student Matters
Appeal to board
Section 125
RSA 2000
Chapter S-3
SCHOOL ACT
Powers on review
96
Section 126
SCHOOL ACT
RSA 2000
Chapter S-3
Division 2
Attendance Board
Duties re hearings
97
Section 127
SCHOOL ACT
RSA 2000
Chapter S-3
Section 128
SCHOOL ACT
RSA 2000
Chapter S-3
Order of Board
99
Section 129
RSA 2000
Chapter S-3
SCHOOL ACT
Establishment of Board
Sitting in panels
Section 131
SCHOOL ACT
RSA 2000
Chapter S-3
Division 3
Board of Reference
Board
101
Section 132
RSA 2000
Chapter S-3
SCHOOL ACT
(4) For the purpose of carrying out its duties and functions under
this Division, the Board of Reference and each of its members have
the powers of a commissioner under the Public Inquiries Act.
1988 cS-3.1 s113;1994 c29 s23
Appeal
Notice of appeal
Section 134
SCHOOL ACT
RSA 2000
Chapter S-3
(b) suspension, or
(c) refusal to give an approval.
(4) A notice of appeal must set out the grounds on which the
appeal is being made.
RSA 2000 cS-3 s133;2004 c26 s9
Investigation
Hearing
136(1) After the hearing is set under section 134(2), the Board of
Reference shall not make any decision in respect of the matter
being appealed without giving the parties to the appeal an
opportunity to be heard.
(2) A person appearing at a hearing is entitled to be represented by
counsel.
(3) Not less than 30 days before the date set for hearing the appeal,
or such shorter time period as determined by the Board of
Reference, each of the parties to the appeal must provide to the
Board of Reference and the other parties to the appeal any material
and information and make any disclosures as set out, described,
governed or otherwise provided for by regulation.
(4) Before conducting an appeal, the Board of Reference may
determine any preliminary matter concerning the appeal, including,
without limiting the generality of the foregoing, matters relating to
process and jurisdiction.
(5) An appeal is considered to be abandoned if one year elapses
from the day that a step in the appeal was last taken.
103
Section 137
RSA 2000
Chapter S-3
SCHOOL ACT
Order of Board
Section 138
SCHOOL ACT
RSA 2000
Chapter S-3
Section 139
SCHOOL ACT
RSA 2000
Chapter S-3
Costs
Deposit
106
Section 142
RSA 2000
Chapter S-3
SCHOOL ACT
(2) If the Board of Reference does not make any order as to costs,
the deposit paid under section 133(2) is to be repaid to the person
who paid the deposit.
1988 cS-3.1 s123
Enforcement of order
Section 144
RSA 2000
Chapter S-3
SCHOOL ACT
Division 4
Protection from Liability
Protection from liability
2003 c29 s3
108
Section 145
SCHOOL ACT
RSA 2000
Chapter S-3
Part 6
Finance
Division 1
General
Definitions
Auditor
Financial reporting
Section 149
SCHOOL ACT
RSA 2000
Chapter S-3
Auditors report
150 The chair shall lay the auditors report before the board at its
next meeting and provide an opportunity to the members to discuss
it at a meeting of the board.
1988 cS-3.1 s128
Report to Minister
Section 152
SCHOOL ACT
RSA 2000
Chapter S-3
Application of funds
Division 2
Assessment of Property
Interpretation
111
Section 153
RSA 2000
Chapter S-3
SCHOOL ACT
Assessment
154(1) When
(a) a separate school district exists, and
(b) the faith of an individual, whether Protestant or Roman
Catholic, is the same as the faith of those who established
the separate school district,
the property of that individual is assessable for separate school
purposes.
(2) All property owned by an individual who is not referred to in
subsection (1) is assessable for public school purposes.
(3) When
(a) a separate school district exists, and
(b) the property is held by 2 or more individuals as joint
tenants or tenants in common,
each individual shall be assessed for the purposes of the district of
which the individual is a resident, in proportion to the individuals
interest in the property.
(4) For the purposes of this section, when property is held by 2 or
more individuals as joint tenants, they are deemed to hold that
property in equal shares and shall be assessed accordingly.
1988 cS-3.1 s132;1994 c29 s28;1995 c27 s12
Section 155
SCHOOL ACT
RSA 2000
Chapter S-3
Section 156
SCHOOL ACT
RSA 2000
Chapter S-3
Notice of assessability
Section 156
SCHOOL ACT
RSA 2000
Chapter S-3
115
Section 157
SCHOOL ACT
RSA 2000
Chapter S-3
Notice of assessability
Section 158
SCHOOL ACT
RSA 2000
Chapter S-3
Evidence
Effect of notice
Assessment of corporation
Section 161
SCHOOL ACT
RSA 2000
Chapter S-3
Equalized assessment
118
Section 162
SCHOOL ACT
RSA 2000
Chapter S-3
Offence
Division 3
Requisitions
Calculation of requisition by board
119
Section 164.1
RSA 2000
Chapter S-3
SCHOOL ACT
Section 165
RSA 2000
Chapter S-3
SCHOOL ACT
Submission of requisition
121
Section 169
RSA 2000
Chapter S-3
SCHOOL ACT
Interest
Division 4
Alberta School Foundation Fund
Dissolution of School Foundation Program Fund
122
Section 172
SCHOOL ACT
RSA 2000
Chapter S-3
Taxing authority
Section 174
SCHOOL ACT
RSA 2000
Chapter S-3
(b) there shall be one property tax rate for the equalized
assessment of non-residential property referred to in
section 297(1) of the Municipal Government Act;
(c) there shall be one property tax rate for the equalized
assessment of machinery and equipment property referred
to in section 297(1) of the Municipal Government Act.
(3) Notwithstanding any other subsection, the property tax rates
established under subsection (1) may be varied by the Lieutenant
Governor in Council among towns or townsites in national parks.
(4) Each municipality shall pay annually into the Alberta School
Foundation Fund a sum equal to the amount that results from
applying the rates referred to in subsection (1) in accordance with
the order that establishes them to the equalized assessment of the
municipality as established for the year under the Municipal
Government Act.
(5) A municipality that has passed a supplementary assessment
bylaw under the Municipal Government Act shall pay to the
Alberta School Foundation Fund the amount raised pursuant to the
requisition as a result of the supplementary taxes levied on that
portion of the assessment base of the municipality in respect of
which no payment is made under section 164(3).
(6) The amount referred to in subsection (5) shall be paid to the
Alberta School Foundation Fund on or before February 28 in the
year subsequent to the year for which the supplementary tax is
levied.
(7) The amount paid into the Alberta School Foundation Fund
pursuant to subsection (5)
(a) shall be used to offset any under levy resulting from
appeals from equalized assessments under the Municipal
Government Act, and
(b) if there is an amount remaining after all offsets under
clause (a) are made, that amount shall be used to lower the
province-wide requisition under this section in the
subsequent year.
(8) The Minister, or a person designated in writing by the Minister,
shall advise each municipality as soon as possible in each year of
the amount that the municipality is required to pay into the Alberta
School Foundation Fund.
(9) Each municipality shall pay into the Alberta School
Foundation Fund the amount calculated by applying the mill rates
set pursuant to subsection (1).
124
Section 175
RSA 2000
Chapter S-3
SCHOOL ACT
Default
125
Section 177
SCHOOL ACT
RSA 2000
Chapter S-3
Collecting boards
Section 179
SCHOOL ACT
RSA 2000
Chapter S-3
Division 5
Levying and Collecting Taxes by a
Board
Definition
Collecting board
127
Section 182
SCHOOL ACT
RSA 2000
Chapter S-3
Exemption
Division 6
Borrowing
Borrowing
Section 185
SCHOOL ACT
RSA 2000
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(3) The board may hypothecate the debentures for the purposes of
the loan referred to in subsection (1).
(4) The proceeds of every loan obtained under this section must be
applied to the purposes for which the debentures were issued and if
the debenture is subsequently sold the proceeds must first be
applied in repayment of the loan.
1988 cS-3.1 s176
Validity of debentures
185 Any debenture issued under this Act is valid and binding on a
board notwithstanding any insufficiency in form or substance or
otherwise of the bylaw or of the authority of the board in respect of
it if
(a) the bylaw has received the assent of the required number
of electors voting on it, where their assent is required,
(b) no successful application has been made to quash the
bylaw within 2 months from the date of its final passing,
and
(c) the bylaw has received the approval of the Minister.
1988 cS-3.1 s177;1994 cM-26.1 s642(65);1995 c27 s17
186(1) If
(a) debentures have been issued for a capital expenditure, and
(b) on completion of the work or in consequence of its partial
abandonment there remains a balance of funds remaining,
a board shall, by resolution reciting the facts, apply to the Minister
for authority to use that balance for any purpose not authorized by
the bylaw under which the debentures were issued.
(2) Where the board makes an application under subsection (1),
the Minister may, on the terms and conditions that the Minister
considers proper, grant permission to a board to use the balance of
funds remaining for the purpose set out in the application.
1988 cS-3.1 s178
Section 188
SCHOOL ACT
RSA 2000
Chapter S-3
Liability of trustees
188 Where a trustee is liable to a board for funds under this Part,
the amount for which the trustee is liable may be recovered by the
board by legal action as a debt due from the trustee.
1988 cS-3.1 s180
Section 190
SCHOOL ACT
RSA 2000
Chapter S-3
Division 7
Special School Tax Levy
Plebiscite
Section 191
RSA 2000
Chapter S-3
SCHOOL ACT
132
Section 193
SCHOOL ACT
RSA 2000
Chapter S-3
Plebiscite
Hamlet
133
Section 195
SCHOOL ACT
RSA 2000
Chapter S-3
(5) The board shall expend the amount raised under this section in
accordance with the order of the Minister and the regulations.
(6) When an additional requisition has been approved by the
Minister under this section it shall continue in effect from year to
year until changed in accordance with this section.
(7) An additional requisition established under this section may be
increased or decreased by order of the Minister.
(8) The Minister may make regulations respecting additional
requisitions under this section.
1994 c29 s60
Part 7
Property
Division 1
General
Real and personal property
Acquisition of property
134
Section 197
SCHOOL ACT
RSA 2000
Chapter S-3
Joint property
135
Section 199
SCHOOL ACT
RSA 2000
Chapter S-3
(5) If the result of the vote under subsection (3) is to defeat the
proposal to construct or purchase a building, the board is bound by
the vote for a period of 12 months from the date of the vote and
during that 12-month period the board shall not propose to
construct or purchase the same or a similar building.
1988 cS-3.1 s185;1994 cM-26.1 s642(65);1995 c27 s19
Expropriation
Disposition of property
136
Section 201
RSA 2000
Chapter S-3
SCHOOL ACT
Regulations
Division 2
School Buildings
202 Repealed 2001 c27 s19.
Approval
Approval of project
Regulations
137
Section 207
RSA 2000
Chapter S-3
SCHOOL ACT
Part 8
Creation, Dissolution and Alteration
of Districts, Divisions and Boards
Division 1
Establishment and Dissolution of Public
School Districts and Divisions
Establishment of district
Establishment of division
Effect of establishment
Rearrangement
Section 211
SCHOOL ACT
RSA 2000
Chapter S-3
Division 2
Establishment and Dissolution
of Separate School Districts
Definitions
139
Section 214
SCHOOL ACT
RSA 2000
Chapter S-3
Calling of meeting
Notice of meeting
Conduct of meeting
Section 217
SCHOOL ACT
RSA 2000
Chapter S-3
(2) A separate school elector who wishes to take part in and vote at
the meeting shall sign in the presence of 2 of the persons referred to
in section 214(2)(a) a declaration in the form prescribed by the
Minister stating that the elector is a separate school elector.
(3) The separate school electors present at the meeting shall elect
one of their number as chair of the meeting.
(4) The chair shall appoint a secretary of the meeting, who shall
(a) record the minutes of the meeting, and
(b) perform any other duties required of the secretary.
(5) A person who has not signed the declaration referred to in
subsection (2) is not entitled to take part in the meeting or vote at it
and the chair may require the person to leave.
(6) Notwithstanding subsection (5), an authorized representative of
the Minister is entitled to take part in the meeting but is not entitled
to vote.
(7) The chair shall vote on each question at the meeting.
(8) Subject to section 219(1), each question at the meeting shall
be decided by a majority of the votes validly cast, and in the case of
an equality of votes, the question shall be decided in the negative.
(9) Subject to subsection (12), voting may be carried out by a
show of hands or by poll.
(10) At the meeting, the chair, after the signing of the declaration
referred to in subsection (2), shall provide a period of time for
questions and discussion with respect to the proposed
establishment of the separate school district.
(11) Immediately after the period for questions and discussion, but
not later than 180 minutes after the opening of the meeting, the
chair shall, if there is a quorum present, proceed to take a poll of
the votes of the separate school electors for and against the
establishment of the separate school district.
(12) The poll referred to in subsection (11) shall be taken by secret
ballot.
(13) The chair shall preside over the taking of the poll and the
secretary of the meeting shall act as the poll clerk.
(14) The poll shall remain open for one hour or any longer period
that the chair considers reasonable in the circumstances.
141
Section 218
RSA 2000
Chapter S-3
SCHOOL ACT
Notification to Minister
218 The chair of a meeting shall, within 10 days from the date of
the meeting, send to the Minister the following:
(a) a copy of the notice calling the meeting;
(b) proof, in the form the Minister requires, of the posting,
publication and service of the notice calling the meeting;
(c) a copy, in the form prescribed by the Minister, of the
minutes of the meeting;
(d) the declarations of the chair and the separate school
electors.
1988 cS-3.1 s205;1990 c36 s48;1993 c24 s20
Establishment of district
142
Section 220
SCHOOL ACT
RSA 2000
Chapter S-3
Effect of establishment
143
Section 221
SCHOOL ACT
RSA 2000
Chapter S-3
Dissolution
Section 221.1
RSA 2000
Chapter S-3
SCHOOL ACT
Division 2.1
Establishment of Separate
School Regions
Definition
Regulations
145
Section 222
RSA 2000
Chapter S-3
SCHOOL ACT
Division 3
Establishment and Dissolution
of Regional Divisions
Regional agreements
Bylaws
Section 225
SCHOOL ACT
RSA 2000
Chapter S-3
(3) Subject to subsection (4), each board that enters into the
regional agreement may pass a bylaw that divides the ward that
was the district, division or other area into electoral subdivisions.
(4) The number of trustees to be elected in each electoral
subdivision must, if practicable, be in the same proportion to the
number of trustees to be elected from the ward as the population of
the electoral subdivision is to the population of the ward.
(5) A bylaw made under subsection (2) or (3) is binding in
accordance with its terms on the board of the regional division.
(6) Subject to section 262, a bylaw made under subsection (3) may
be amended by the board of the regional division if the amendment
is required by the application of subsection (4).
1993 c24 s21;1995 c24 s99(31);1995 c27 s23
Election of trustees
147
Section 227
SCHOOL ACT
RSA 2000
Chapter S-3
Effect of establishment
Section 229
SCHOOL ACT
RSA 2000
Chapter S-3
149
Section 232
SCHOOL ACT
RSA 2000
Chapter S-3
150
Section 234
SCHOOL ACT
RSA 2000
Chapter S-3
(b) add all land in the ward to the district or school division
proposed as the recipient of the ward,
(c) if the Minister considers it appropriate, appoint additional
interim trustees to represent the ward, who hold office
until the first organizational meeting of the board of the
district or school division held after the first general
election following their appointment, and
(d) deal with any other matter that the Minister considers
necessary respecting or resulting from the addition of the
ward to the district or school division.
(2) The addition of a ward to a district or school division under
subsection (1) takes effect on September 1 of the year following the
year in which the plebiscite is held unless the Minister orders
otherwise.
1998 c27 s4
Failure of negotiations
Regulations
Section 237
RSA 2000
Chapter S-3
SCHOOL ACT
Division 4
Boundaries and Alterations
Alteration of name or number
Section 239
RSA 2000
Chapter S-3
SCHOOL ACT
Addition of land
Dissolution by Minister
241 On
153
Section 242
SCHOOL ACT
RSA 2000
Chapter S-3
Transfer of teachers
Publication of order
154
Section 244
SCHOOL ACT
RSA 2000
Chapter S-3
Boundaries
Division 5
Board of Trustees
Establishment
155
Section 247
SCHOOL ACT
RSA 2000
Chapter S-3
Number of trustees
247(1) The Minister shall specify for each board the number of
trustees, being no fewer than 3, to be elected to the board.
(2) For each ward within a school division, the Minister shall
specify the number of trustees to be elected in the ward.
(3) The Minister may vary the number of trustees to be elected for
each division, district or ward.
1988 cS-3.1 s218;1993 c24 s23;1995 c27 s26
Change of name
156
Section 250
SCHOOL ACT
RSA 2000
Chapter S-3
Resignations
Filling vacancies
Official trustee
252 When
(a) an official trustee has been appointed under this Act to
conduct the affairs and business of a board, and
(b) the Minister considers that the official trustee has
completed the official trustees duties,
157
Section 252.1
RSA 2000
Chapter S-3
SCHOOL ACT
Part 9
Establishment and Dissolution of
Francophone Education Regions
Definitions
Establishment of Region
158
Section 253.1
SCHOOL ACT
RSA 2000
Chapter S-3
Minority in Region
253.1 For the purposes of this Part, the Minister may by order
determine for each Region, on evidence satisfactory to the
Minister, whether the Protestant or Roman Catholic faith is the
faith of the minority of all individuals living within the boundaries
of the Region.
2001 c27 s23
Effect of establishment
Regional authority
159
Section 255.1
RSA 2000
Chapter S-3
SCHOOL ACT
Public Francophone
Separate Francophone
Transitional
Section 255.3
SCHOOL ACT
RSA 2000
Chapter S-3
Designation of schools
161
Section 256
SCHOOL ACT
RSA 2000
Chapter S-3
256(1) For the purposes of this Act and the Local Authorities
Election Act, an individual is eligible to vote in an election of
members of a Regional authority if
(a) the individual
(i) is a Francophone,
(ii) has a child who is enrolled in a school operated by
the Regional authority,
(iii) is 18 years of age or older,
(iv) is a Canadian citizen, and
(v) has been a resident of Alberta for the 6 consecutive
months immediately preceding election day,
or
(b) the individual is a member of a class of individuals
prescribed by the Lieutenant Governor in Council as
being eligible to vote.
(1.1) In addition to the requirements of subsection (1),
(a) an individual who is a separate school elector may only
vote for a candidate who is standing for election as a
separate school member, and
(b) an individual who is a public school elector may only vote
for a candidate who is standing for election as a public
school member.
(2) For the purposes of this Act and the Local Authorities Election
Act, and notwithstanding section 21 of the Local Authorities
Election Act, an individual who may vote in an election of
members of a Regional authority may
(a) in the case of a separate school elector, nominate an
individual as a candidate to stand for election as a separate
school member, and
(b) in the case of a public school elector, nominate an
individual as a candidate to stand for election as a public
school member.
(3) For the purposes of this Act and the Local Authorities Election
Act, an individual is eligible to be elected as a member of a
Regional authority if the individual
162
Section 257
SCHOOL ACT
RSA 2000
Chapter S-3
163
Section 261
SCHOOL ACT
RSA 2000
Chapter S-3
Part 10
General
Procedure for elections, etc.
261 All
(a) general elections, by-elections, polls and plebiscites,
(b) votes on bylaws or money bylaws, and
(c) votes on any other matter or question
held pursuant to this Act are to be governed by this Act and the
Local Authorities Election Act.
1988 cS-3.1 s224
164
Section 263
SCHOOL ACT
RSA 2000
Chapter S-3
Petition
Section 264
SCHOOL ACT
RSA 2000
Chapter S-3
265 When a petition is filed with the secretary of the board, the
secretary shall
(a) determine the number of petitioners that have signed the
petition,
(b) determine whether the petition meets the requirements of
section 263, and
166
Section 266
SCHOOL ACT
RSA 2000
Chapter S-3
Insufficiency of a petition
Appeal re insufficiency
Section 269
RSA 2000
Chapter S-3
SCHOOL ACT
Section 270
RSA 2000
Chapter S-3
SCHOOL ACT
169
Section 271
SCHOOL ACT
RSA 2000
Chapter S-3
Public notice
271(1) Subject to this Act, when public notice, other than notice
of a public meeting under section 269, is required to be given under
this Act, the notice shall be given
(a) by posting it in 5 or more conspicuous places to which the
public has normal and regular access, and
(b) by publishing it, at the same time the notice is posted, in a
newspaper circulating within the district or division at
least once a week for 2 weeks.
(2) A notice given under this section shall be in a form prescribed
by the Minister.
1988 cS-3.1 s234
272(1) If anything
(a) is to be done by a person, a board or an employee of a
board within a number of days or at a time fixed by or
under this Act, and
(b) cannot be or is not so done,
the Minister may, by order, appoint a further or other time for
doing the thing.
(2) An order may be made under subsection (1) notwithstanding
that the time at or within which the thing ought to have been done
has or has not arrived or expired, as the case may be.
(3) Anything done at or within the time specified in the order made
under subsection (1) is as valid as if it had been done at or within
the time fixed by or under this Act.
(4) When
(a) a certain day is fixed on or by which certain things are to
be done or proceedings taken, and
(b) it appears that the date was fixed having regard to an
earlier fixed date on or by which certain other things are
to be done or proceedings taken,
then, notwithstanding anything in this Act, if default is made in
respect of the earlier date, a like delay is allowed in respect of the
later date.
170
Section 273
RSA 2000
Chapter S-3
SCHOOL ACT
Residence
Enforcement of judgment
171
Section 276
RSA 2000
Chapter S-3
SCHOOL ACT
Forms
Penalty
Enforcement by Court
Section 280
RSA 2000
Chapter S-3
SCHOOL ACT
Part 11
Transitional
Continuation re boards, trustees, etc.
281(1) In this Part, former Act means the School Act, RSA 1980
cS-3.
(2) If property is liable to assessment
(a) for public school purposes under the former Act, it is
deemed to be liable to assessment for public school
purposes under this Act, or
173
Section 281
SCHOOL ACT
RSA 2000
Chapter S-3
174
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