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2001 Legislative Session: 2nd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE CHRISTY CLARK
MINISTER OF EDUCATION AND DEPUTY PREMIER
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The School Act, R.S.B.C. 1996, c. 412, is amended by adding the following section:
7.1 Subject to this Act, the regulations and any rules of a board, a parent of a student may provide volunteer services at or for a school.
2 The following section is added to Division 1 of Part 3:
26.1 (1) A board must not use a volunteer to provide services that would result in the displacement of an employee.
(2) A provision of a collective agreement between a board and employees, including a teachers' collective agreement, that limits the use of volunteers in a manner other than as described in subsection (1) is void.
3 Section 85 is amended by adding the following subsections:
(4) A rule made under subsection (2) (c) (v) must not permit volunteers to provide services that would result in the displacement of an employee.
(5) A rule that conflicts or is inconsistent with subsection (4) is void.
4 Section 94 is amended
(a) by adding the following subsection:
(1.1) No action for damages lies or may be instituted against a volunteer for anything said or done or omitted to be said or done by him or her in the provision of volunteer services for a board, or for any alleged neglect or default in the provision of volunteer services for the board by the volunteer. ,
(b) by repealing subsection (2) and substituting the following:
(2) Subsections (1) and (1.1) do not provide a defence if
(a) the trustee, officer, employee or volunteer has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or willful misconduct, or
(b) the cause of action is libel or slander. , and
(c) by repealing subsection (4) and substituting the following:
(4) Subsections (1), (1.1) and (3) do not absolve a board from vicarious liability arising out of a tort committed by a trustee, officer, or employee of the board, a student or a volunteer for which the board would have been liable had subsections (1), (1.1) and (3) not been in force.
5 (1) Section 26.1 of the School Act applies to collective agreements in effect at the time that section comes into force and to collective agreements entered into on or after the coming into force of that section.
(2) Section 85 (4) and (5) of the School Act applies to rules made before, on or after the coming into force of that section.
Explanatory Notes
SECTION 1: [School Act, enacts section 7.1] specifically authorizes parents to be volun-teers at schools.
SECTION 2: [School Act, enacts section 26.1] prohibits a board from using volunteer services that would result in the displacement of staff. A provision in a collective agreement with a board that limits the use of volunteers in a way other than this prohibition is void.
SECTION 3: [School Act, adds section 85 (4) and (5)] clarifies that board rules cannot permit volunteers to perform services that would result in the displacement of staff.
SECTION 4: [School Act, amends section 94] protects volunteers from civil actions arising from the volunteer services provided, unless the volunteer is guilty of dishonesty, gross negligence or malicious or willful misconduct. A school board remains vicariously liable for the actions of its volunteers.
SECTION 5: [Transitional] clarifies that the limitation on the use of volunteers in the proposed sections 26.1 and 85 (4) and (5) of the School Act applies to all collective agreements with a board and rules of a board, including collective agreements and rules in effect at the time these proposed sections come into force.
Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada