SCHOOL ACT

This archived statute consolidation is current to February 9, 2004 and includes changes enacted and in force by that date. For the most current information, click here.

[Current to B.C. Regulations Bulletin March 1, 2004]

SCHOOL ACT — Continued
[RSBC 1996] CHAPTER 412

Preamble

WHEREAS it is the goal of a democratic society to ensure that all its members receive an education that enables them to become personally fulfilled and publicly useful, thereby increasing the strength and contributions to the health and stability of that society;

AND WHEREAS the purpose of the British Columbia school system is to enable all learners to develop their individual potential and to acquire the knowledge, skills and attitudes needed to contribute to a healthy, democratic and pluralistic society and a prosperous and sustainable economy;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 — Interpretation

Definitions and interpretation

1 (1) In this Act:

"accountability contract" means an accountability contract prepared and submitted under section 79.2;

"annual budget" means the budget for a fiscal year as adopted or amended by a board under section 113;

"annual capital expense" means a capital expense with respect to a project that is

(a) financed from a board's annual capital reserve, or

(b) financed from the board's annual capital grant and included in the annual budget of a board;

"annual capital grant" means a grant to a board under section 115.1;

"annual capital project" means an undertaking that is budgeted for as an annual capital expense;

"assessment", in Part 8, means assessment as defined in the Assessment Act;

"board" means a board of school trustees constituted under this Act or a former Act;

"British Columbia Adult Graduation Diploma" means the diploma that may be provided to a person who is enrolled at a school, francophone school or Provincial school and who has met the requirements for obtaining the British Columbia Adult Graduation Diploma;

"capital expenses" means

(a) expenses incurred by a board under this Act or a former Act for and incidental to the acquisition of assets of a permanent or semi-permanent nature,

(b) expenses incurred in acquiring and developing sites for school purposes or for use in connection with them,

(c) expenses incurred in purchasing, constructing, reconstructing, making major alterations to, furnishing and equipping buildings for school purposes or for use in connection with them,

(d) expenses incurred in acquiring buses and their accessories, and

(e) contingent and other expenses incurred that are of a capital nature;

"capital plan expense" means a capital expense with respect to a project that is included in a board's capital plan bylaw, and includes a capital expense that was an eligible capital expense under this Act as it read immediately before this definition was enacted and was included in a capital plan;

"capital plan project" means a project that is budgeted for as a capital plan expense;

"capital project" means an undertaking that requires capital expenses to be incurred;

"catchment area" means, in relation to a school, the geographical area established under section 75.1 as the catchment area for the school;

"certificate of qualification" means a certificate of qualification or a letter of permission issued under the Teaching Profession Act;

"chief executive officer" means an individual appointed as the chief executive officer of a francophone education authority under section 166.27;

"chief financial officer" means an individual appointed as the chief financial officer of a francophone education authority under section 166.27;

"college" means the College of Teachers continued under the Teaching Profession Act;

"community plan" means,

(a) in respect of a municipality other than the City of Vancouver, an official community plan as defined in the Local Government Act, or

(b) in respect of the City of Vancouver, an official development plan as defined in section 559 of the Vancouver Charter;

"day of instruction" means, in respect of any school, a school day in which students of the school are in attendance and under supervision for the purpose of receiving instruction in an educational program including work study and work experience programs, examinations or other learning activities provided by the board;

"debt service grant" means a grant to pay the estimate, approved by the minister under section 110 (2), of a board’s debt service expenses for the fiscal year;

"distance education school" means a school or francophone school that offers instruction to its students solely through one or more of the following:

(a) correspondence courses;

(b) telecommunications mediums;

"district parents’ advisory council" means, in relation to a school district, the district parents’ advisory council established for that school district under section 8.4;

"educational program" means an organized set of learning activities that, in the opinion of

(a) the board, in the case of learning activities provided by the board,

(a.1) the francophone education authority, in the case of learning activities provided by the francophone education authority,

(b) the minister, in the case of learning activities in a Provincial school, or

is designed to enable learners to develop their individual potential and to acquire the knowledge, skills and attitudes needed to contribute to a healthy, democratic and pluralistic society and a prosperous and sustainable economy;

"elector" means a resident elector or non-resident property elector;

"eligible child" means a child who has an eligible parent;

"eligible parent" means an individual who, under section 23 of the Canadian Charter of Rights and Freedoms, has the right to have his or her children receive primary and secondary instruction in French in British Columbia;

"eligible person" means

(a) an eligible parent, or

(b) an adult individual who, under section 23 of the Canadian Charter of Rights and Freedoms, would, if that individual had children, have the right to have his or her children receive primary and secondary instruction in French in British Columbia;

"employers’ association" means employers’ association as defined in the Public Education Labour Relations Act;

"fiscal year", in relation to a board, means the period beginning on July 1 and ending on the following June 30;

"former Act" means the School Act, R.S.B.C. 1979, c. 375, the Education (Interim) Finance Act, S.B.C. 1982, c. 2, or the School District Housing Act, R.S.B.C. 1979, c. 377, or a predecessor to any of those Acts;

"francophone education authority" means a francophone education authority established or continued under section 166.12;

"francophone educational program" means an educational program, including, without limitation, linguistic and cultural components, designed for eligible children but does not include a course provided in the French language as part of an educational program that is designed for children other than eligible children;

"francophone school" means

(a) a body of francophone students that is organized as a unit by a francophone education authority for educational purposes under the supervision of a francophone principal, francophone vice principal or francophone director of instruction,

(b) the francophone teachers and other staff members associated with the unit, and

and includes a Provincial resource program and a distance education school operated by a francophone education authority;

"francophone school district" means an area prescribed under section 166.12 (1) (c) as the area over which a francophone education authority has jurisdiction;

"francophone student" means an eligible child or an immigrant child who is enrolled in a francophone educational program provided by a francophone education authority;

"francophone teacher" means a person holding a certificate of qualification who is employed by, or has a service contract with, a francophone education authority to provide francophone educational programs to francophone students in a francophone school, but does not include the chief executive officer of a francophone education authority, any assistant to that officer, a francophone principal, a francophone vice principal or a francophone director of instruction;

"general school election" means the elections referred to in section 35;

"guardian of the person", when used in reference to a student or child, means guardian of the person of the student or child within the meaning of the Family Relations Act;

"immigrant" means a person who

(a) has been granted landing within the meaning of the Immigration Act (Canada),

(b) has not become a Canadian citizen, and

"immigrant child" means a child who has an immigrant parent;

"immigrant parent" means an immigrant who, under section 23 of the Canadian Charter of Rights and Freedoms, would, if the person were a citizen of Canada, have the right to have his or her children receive primary and secondary instruction in French in British Columbia;

"improvements" means improvements as defined in the Assessment Act;

"independent school" means an independent school as defined in the Independent School Act;

"Indian" means an Indian as defined in the Indian Act (Canada);

"joint capital project" means a capital project that consists of a capital plan project and a local capital project;

"land" means land as defined in the Assessment Act;

"local capital expense" means a capital expense with respect to a project that is

(a) financed from the board's local capital reserve, or

(b) included in the annual budget of a board and financed from

(i) local revenue,

(ii) school referendum taxes, or

(iii) the board's operating grant or other grants designated by the minister,

and includes a capital expense that was an ineligible capital expense under this Act as it read immediately before this definition was enacted;

"local capital project" means an undertaking that is budgeted for as a local capital expense;

"local revenue" means all classes of revenue determined by the minister to be local revenue but does not include revenue from an operating grant or from school referendum taxes;

"local trust area" means a local trust area as defined in the Islands Trust Act;

"local trust committee" means a local trust committee as defined in the Islands Trust Act;

"minister of finance" means the minister responsible for the Financial Administration Act;

"minister of revenue" means the minister responsible for the Income Tax Act;

"ministry" means the ministry continued under section 167 (1);

"municipal school district" means a school district in which a municipality or portion of a municipality is located;

"newspaper" means, in relation to a matter for which publication in a newspaper is required by or under this Act, a publication or local periodical that

(a) contains items of news and advertising, and

(b) is distributed at least weekly in the area that is affected by the matter;

"non-resident property elector" means, in relation to a trustee electoral area, a person who at the relevant time meets the qualifications under section 41 in relation to the trustee electoral area;

"occupier" means an occupier as defined in the Assessment Act;

"operating expenses" means all expenses incurred by a board under this Act or a former Act that are not capital expenses and includes

(a) expenses incurred in the operation, repair, maintenance and minor alteration of buildings used for or in connection with school purposes,

(b) expenses incurred in the maintenance of furniture and equipment and the replacement of furniture and equipment,

(c) expenses incurred in conducting feasibility studies and in securing options for sites or buildings required for school purposes or for use in connection with them, and

(d) [Repealed 2002-53-1.]

(e) expenses associated with the holding of a referendum under section 112;

"operating grant" means a grant to a board or francophone education authority as determined under section 106.3;

"owner" means,

(a) with respect to real property in a municipality, an owner as defined in the Community Charter, and

(b) with respect to real property in a rural area, an owner as defined in the Assessment Act;

"parent" means, in respect of a student or of a child registered under section 13,

(a) the guardian of the person of the student or child,

(b) the person legally entitled to custody of the student or child, or

"parents’ advisory council" means, in relation to a school, the parents’ advisory council established for that school under section 8;

"Provincial funding" means the amount of Provincial funding established for a fiscal year under section 106.2;

"Provincial resource program" means a program established by order of the minister and operated by a board or a francophone education authority;

"Provincial school" means

(a) a body of students organized as a unit for educational purposes at an educational institution that is

(i) directly operated and maintained by the minister, and

(ii) under the supervision of a principal,

(b) the staff members associated with the unit, and

"resident elector" means, in relation to a trustee electoral area, a person who, at the relevant time, meets the qualifications under section 40 in relation to the trustee electoral area;

"residential", with respect to land and improvements, means residential within the meaning of the regulations under the Assessment Act;

"rural area" means that part of a school district not within the boundaries of a municipality;

"rural school district" means a school district no part of which is in a municipality;

"school" means

(a) a body of students that is organized as a unit for educational purposes under the supervision of a principal, vice principal or director of instruction,

(b) the teachers and other staff members associated with the unit, and

and includes a Provincial resource program and a distance education school;

"school age" means the age between the date on which a person is permitted under section 3 (1) to enroll in an educational program provided by a board and the end of the school year in which the person reaches the age of 19 years;

"school district" means an area created or constituted as a school district by or under this Act or a former Act;

"school planning council" means, in relation to a school, the school planning council established for that school under section 8.1;

"school referendum tax" means a tax to raise money approved by a referendum under section 112;

"school tax" means a tax under this Act other than a school referendum tax;

"school year" means the period beginning on July 1 and ending on the following June 30;

"student" means a person enrolled in an educational program provided by a board and, if a section or subsection refers to a Provincial school, includes a person enrolled in the Provincial school for the purposes of that section or subsection;

"student record" means a record of information in written or electronic form pertaining to

(a) a student or francophone student, or

(b) a child registered under section 13 with a school or francophone school,

but does not include

(d) a record of a report under section 14 (1) or 16 (3) (b) of the Child, Family and Community Service Act or of information that forms the basis for a report under section 14 (1) of that Act;

"teacher" means a person holding a certificate of qualification who is employed by a board to provide an educational program to students in a school, but does not include a person appointed by a board as superintendent of schools, assistant superintendent of schools, principal, vice principal or director of instruction;

"teachers' union" means a teachers' union or the Provincial union as defined in the Public Education Labour Relations Act;

"trustee" means a member of a board;

"trustee election" means an election for one or more trustees for a trustee electoral area;

"trustee electoral area" means the area from which one or more trustees are to be elected, as established under this or a former Act.

(2) A child who is registered under section 13 is deemed not to be enrolled in an educational program provided by a board or a francophone education authority.

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