Section 1 (1) definition of "employer's association" was added by 2002-3-5, effective January 28, 2002 (Royal Assent).

  Section 1 (1) definition of "annual capital allowance" BEFORE amended by 2002-53-1(part), effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

"annual capital allowance" means that portion of a board's preliminary allocation or final allocation that has been designated by the minister to be used for projects that are not included in a board's capital plan bylaw;

  Section 1 (1) definition of "annual capital expense", paragraph (b) BEFORE amended by 2002-53-1(part), effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

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

  Section 1 (1) definition of "local capital expense", subparagraph (b) (iii) BEFORE amended by 2002-53-1(part), effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

(iii)  the board's preliminary allocation or final allocation other than its annual capital allowance or other allowances designated by the minister,

  Section 1 (1) definition of "local revenue" BEFORE amended by 2002-53-1(part), effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

"local revenue" means all classes of revenue determined by the minister to be local revenue but does not include revenue from the preliminary allocation or the final allocation or from school referendum taxes;

  Section 1 (1) definition of "operating grant" was added by 2002-53-1(part), effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

  Section 1 (1) definition of "Provincial funding" was added by 2002-53-1(part), effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

  Section 1 (1) definition of "accountability contract" was added by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

  Section 1 (1) definition of "administrative officer" BEFORE repealed by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

"administrative officer" means a person who is employed by a board as a director of instruction, a principal or a vice principal;

  Section 1 (1) definition of "chief financial officer" was added by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

  Section 1 (1) definitions of "final allocation" and "final Provincial funds" BEFORE repealed by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

"final allocation" means an allocation to a board under section 108 (2);

"final Provincial funds" means the total amount of Provincial funding established for a fiscal year under section 107 (3);

  Section 1 (1) definition of "francophone administrative officer" BEFORE repealed by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

"francophone administrative officer" means a person who is employed by, or has a service contract with, a francophone education authority as a director of instruction, a principal or a vice principal;

  Section 1 (1) definition of "francophone school", paragraph (a) BEFORE amended by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

(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 administrative officer,

  Section 1 (1) definition of "francophone teacher" BEFORE amended by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

"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 or a francophone administrative officer;

  Section 1 (1) definition of "joint capital project" was added by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

  Section 1 (1) definitions of "minister of finance", "minister of revenue" and "ministry" were added by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

  Section 1 (1) definitions of "preliminary allocation" and "preliminary Provincial funds" BEFORE repealed by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

"preliminary allocation" means an allocation to a board under section 108 (1);

"preliminary Provincial funds" means the total amount of Provincial funding established for a fiscal year under section 107 (2);

  Section 1 (1) definition of "school", paragraph (a) BEFORE amended by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

(a) a body of students that is organized as a unit for educational purposes under the supervision of an administrative officer,

  Section 1 (1) definition of "teacher" BEFORE amended by 2002-53-1(part), effective May 30, 2002 (Royal Assent).

"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 or administrative officer;

  Section 1 (1) definition of "annual budget" was added by 2002-53-1(c), effective July 1, 2002.

  Section 1 (1) definition of "catchment area" was added by 2002-53-1(f), effective July 1, 2002.

  Section 1 (1) definition of "debt service grant" and "district parents' advisory council" were added by 2002-53-1(h), effective July 1, 2002.

  Section 1 (1) of definition of "operating expenses", paragraphs (c) and (d) BEFORE amended by 2002-53-1(q), effective July 1, 2002.

(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,

(d) principal repayments and interest payments on debt incurred by the board under this Act or a former Act, and

  Section 1 (1) definition of "parent's advisory council" was added by 2002-53-1(r), effective July 1, 2002.

  Section 1 (1) definition of "school planning council" was added by 2002-53-1(w), effective July 1, 2002.

  Section 1 (1) definitions of "local government" and "municipality" BEFORE amended by 2003-52-482(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

"local government" means

(a) in relation to a regional district, the board of the regional district, or

(b) in relation to a municipality, the council of the municipality;

"municipality" means a city, town, district or village incorporated by or under an Act, but does not include a regional district or improvement district;

  Section 1 (1) definition of "owner", paragraph (a) BEFORE amended by 2003-52-482(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) with respect to real property in a municipality, an owner as defined in the Local Government Act, and

  Section 1 (1) definitions of "annual capital expense", "annual capital grant", "annual capital project", "capital plan expense", "local capital expense", "capital expenses" and "operating expenses" BEFORE repealed by 2004-17-3, effective April 29, 2004 (Royal Assent).

"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;

"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;

"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;

"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;

"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;

  Section 1 (1) definitions of "annual facility expenditure", "annual facility grant", "annual facility project", "capital plan expenditure" and "local capital expenditure" were added by 2004-17-3, effective April 29, 2004 (Royal Assent).

  Section 1 (1) definitions of "capital plan project", "local capital project", and "capital project" BEFORE amended by 2004-17-3, effective April 29, 2004 (Royal Assent).

"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;

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

  Section 1 (1) definition of "distance education school" BEFORE repealed by 2006-21-5(a), effective July 1, 2006 (BC Reg 195/2006).

"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;

(c) other electronic mediums of communication;

  Section 1 (1) definition of "francophone school" BEFORE amended by 2006-21-5(b), effective July 1, 2006 (BC Reg 195/2006).

"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

(c) the facilities associated with the unit,

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

  Section 1 (1) definition of "school" BEFORE amended by 2006-21-5(c), effective July 1, 2006 (BC Reg 195/2006).

"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

(c) the facilities associated with the unit,

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

  Section 1 (1) definitions of "attend", "distributed learning", "distributed learning school" and "supervise" were added by 2006-21-5(d), effective July 1, 2006 (BC Reg 195/2006).

  Section 1 (3) and (4) were added by 2006-21-6, effective July 1, 2006 (BC Reg 195/2006).

  Section 1 (1) definition of "administrative directive" was added by 2007-29-2(d), effective July 1, 2007 (BC Reg 229/2007).

  Section 1 (1) definition of "board" BEFORE amended by 2007-29-2(b), effective July 1, 2007 (BC Reg 229/2007).

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

  Section 1 (1) definition of "British Columbia Adult Graduation Diploma" BEFORE amended by 2007-16-3(a), effective July 1, 2007 (BC Reg 194/2007).

"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;

  Section 1 (1) definitions of "British Columbia Certificate of Graduation", "Directeur général", "first nation" and "secrétaire trésorier" were added by 2007-16-3(c), effective July 1, 2007 (BC Reg 194/2007).

  Section 1 (1) definitions of "chief executive officer" and "chief financial officer" BEFORE repealed by 2007-16-3(b), effective July 1, 2007 (BC Reg 194/2007).

"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;

  Section 1 (1) definition of "district literacy plan" was added by 2007-29-2(d), effective July 1, 2007 (BC Reg 229/2007).

  Section 1 (1) definition of "early learning program" was added by 2007-29-2(d), effective July 1, 2007 (BC Reg 229/2007).

  Section 1 (1) definition of "educational program" BEFORE amended by 2007-29-2(c), effective July 1, 2007 (BC Reg 220/2007).

"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

(c) the parent, in the case of learning activities provided to a child registered under section 13,

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;

  Section 1 (1) definition of "fiscal year" BEFORE amended by 2007-16-3(d), effective July 1, 2007 (BC Reg 194/2007).

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

  Section 1 (1) definition of "francophone literacy plan" was added by 2007-29-2(d), effective July 1, 2007 (BC Reg 229/2007).

  Section 1 (1) definition of "francophone teacher" BEFORE amended by 2007-16-28,Sch, effective July 1, 2007 (BC Reg 194/2007).

"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;

  Section 1 (1) definition of "literacy" was added by 2007-29-2(d), effective July 1, 2007 (BC Reg 229/2007).

  Section 1 (1) definition of "superintendent of achievement" was added by 2007-29-2(d), effective July 1, 2007 (BC Reg 229/2007).

  Section 1 (1) definition of "accountability contract" BEFORE amended by 2007-29-2(a), effective November 1, 2007 (BC Reg 229/2007).

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

  Section 1 (1) definitions of "newspaper" and "school district" BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

"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;

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

  Section 1 (1) definition of "first nation" BEFORE amended by 2007-40-12(a), effective May 16, 2008 (BC Reg 103/2008).

"first nation" means a "band", as defined under the Indian Act (Canada), located in British Columbia;

  Section 1 (1) definitions of "First Nation land", "First Nations Education Authority" and "participating First Nation" were added by 2007-40-12(b), effective May 16, 2008 (BC Reg 103/2008).

  Section 1 (1) definition of "immigrant" BEFORE amended by 2011-19-113, effective November 14, 2011.

"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

(c) has not, under the Immigration Act (Canada), ceased to be a permanent resident within the meaning of that Act;

  Section 1 (1) definitions of "certificate holder", "certification standards" and "commissioner" were added by 2011-19-112(a), effective January 9, 2012 (BC Reg 239/2011).

  Section 1 (1) definition of "certificate of qualification" BEFORE amended by 2011-19-112(b), effective January 9, 2012 (BC Reg 239/2011).

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

  Section 1 (1) definition of "college" BEFORE repealed by 2011-19-112(c), effective January 9, 2012 (BC Reg 239/2011).

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

  Section 1 definition of "day of instruction" BEFORE repealed by 2012-17-1, effective July 1, 2012.

"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;

  Section 1 definition of "standard educational program" was added by 2012-17-1, effective July 1, 2012.

  Section 1 (1) definition of "guardian of the person" BEFORE repealed by 2011-25-441(a), effective March 18, 2013 (BC Reg 131/2012).

"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;

  Section 1 (1) definition of "guardian" was added by 2011-25-441(a), effective March 18, 2013 (BC Reg 131/2012).

  Section 1 (1) definition of "parent" BEFORE amended by 2011-25-441(b), effective March 18, 2013 (BC Reg 131/2012).

"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

(c) the person who usually has the care and control of the student or child;

  Section 1 (1) definition of "election area" was added by 2014-19-93, effective May 29, 2014 (Royal Assent).

  Section 1 (1) definition of "administrative directive" BEFORE amended by 2015-24-3(a), effective May 14, 2015 (Royal Assent).

"administrative directive" means an administrative directive issued by the minister under section 79.4;

  Section 1 (1) definition of "designated service provider" was added by 2015-24-3(b), effective May 14, 2015 (Royal Assent).

  Section 1 (1) definitions of "achievement contract", "district literacy plan", "francophone literacy plan", "school planning council" and "superintendent of achievement" BEFORE repealed by 2015-24-2, effective July 1, 2015.

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

"district literacy plan" means a plan to improve literacy in a school district;

"francophone literacy plan" means a plan to improve literacy in the French language in a francophone school district;

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

"superintendent of achievement" means a superintendent of achievement appointed by the minister under section 171.4 (1);

  Section 1 (1) definition of "administrative directive" BEFORE amended by 2015-24-2, effective July 1, 2015.

"administrative directive" means an administrative directive issued by the minister under section 168.03;

  Section 1 (1) definition of "superintendent of appeals" was added by 2015-24-2, effective July 1, 2015.

  Section 1 (1) definitions of "early learning program" and "school age" BEFORE amended by 2016-5-41,Sch 3 and 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent)

"early learning program" means a program for children who are less than school age, or whose enrollment in an educational program has been deferred under section 3(2), that

(a) is designed to improve readiness for and success in kindergarten, and

(b) requires a child participating in the program to be accompanied and supervised by the child's parent or other person designated in writing by the parent;

"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;

  Section 1 (1) definition of "child care program" was added by 2020-4-8(a), effective March 5, 2020 (Royal Assent).

  Section 1 (1) definition of "First Nation land" BEFORE repealed by 2020-4-8(b), effective March 5, 2020 (Royal Assent).

"First Nation land" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);

  Section 1 (1) definition of "attend", paragraphs (a) and (b) BEFORE amended by 2020-4-7(a), effective July 1, 2021.

(a) to be enrolled in an educational program that includes distributed learning, and

(b) to participate in an educational activity by means of distributed learning;

  Section 1 (1) definitions of "distributed learning" and "distributed learning school" BEFORE repealed by 2020-4-7(b), effective July 1, 2021.

"distributed learning" means a method of instruction that relies primarily on indirect communication between students and teachers, including internet or other electronic-based delivery, teleconferencing or correspondence;

"distributed learning school" means a school or francophone school that offers instruction to its students by means of distributed learning only;

  Section 1 (1) definitions of "online learning" and "online learning school" were added by 2020-4-7(b), effective July 1, 2021.

  Section 1 (1) definition of "francophone school", sandwich text BEFORE amended by 2020-4-7(c), effective July 1, 2021.

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

  Section 1 (1) definition of "school", sandwich text BEFORE amended by 2020-4-7(c), effective July 1, 2021.

and includes a Provincial resource program and a distributed learning school operated by a board;

  Section 1 (1) definition of "supervise" BEFORE amended by 2020-4-7(d), effective July 1, 2021.

"supervise", in the context of a teacher or francophone teacher providing an educational program or francophone educational program by means of distributed learning, means to supervise the student's progress through the educational program;

  Section 1 (3) BEFORE amended by 2020-4-9, effective July 1, 2021.

(3) In the context of a distributed learning school, a reference to available space and facilities is to be read as a reference to the capacity of the school to deliver an educational program.

  Section 2 BEFORE amended by 2002-53-2, effective July 1, 2002.

  Section 2 (1) (part) and (2) (part) BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent).

(1) Subject to section 74.1, a person is entitled to enroll in an educational program provided by the board of a school district if the person

(2) Subject to section 74.1, a person may enroll in an educational program provided by a board of a school district and attend any school in British Columbia if

  Section 3 (3) BEFORE amended by 2007-40-13, effective May 16, 2008 (BC Reg 103/2008).

(3)  This section does not apply if the person

(a) is attending an independent school, a Provincial school or an educational institution operated by the government of Canada or by a band as defined in the Indian Act (Canada), or

(b) is registered under section 13.

  Section 3 (3) (c) was added by 2007-36-157, effective April 3, 2009 (BC Reg 55/2009).

  Section 3 (1) (a) BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent)

(a) enroll in an educational program

  Section 3 (2) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent)

(2) A parent of a child referred to in subsection (1) (a) may defer the enrollment of his or her child until the first school day of the next school year.

  Section 3.1 was enacted by 2006-21-7, effective July 1, 2006 (BC Reg 195/2006).

  Section 3.1 BEFORE re-enacted by 2012-17-2, effective February 12, 2013 (BC Reg 52/13).

  Section 3.1 (1) and (2) BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent)

(1) A student who is enrolled in an educational program provided by a board or a francophone student who is enrolled in a francophone educational program provided by a francophone education authority may, subject to section 2 (2), enroll in one or more

(a) educational programs offered by another board or by an authority under the Independent School Act, or

(b) francophone educational programs offered by another francophone education authority

if at least one of the educational programs or francophone educational programs, as applicable, is delivered, in whole or in part, through distributed learning.

(2) Despite subsection (1), a student does not acquire a right under this section to enroll with a francophone education authority if the student is not otherwise entitled or permitted under this Act to enroll with a francophone education authority.

  Section 3.1 (1) sandwich text BEFORE amended by 2020-4-10, effective July 1, 2021.

if at least one of the educational programs or francophone educational programs, as applicable, is delivered, in whole or in part, through distributed learning.

  Section 4 BEFORE amended by 2002-53-3, effective May 30, 2002 (Royal Assent).

  Section 7 (1) (b) BEFORE amended by 2002-53-4, effective July 1, 2002.

(b) on request, to annual reports respecting general effectiveness of educational programs in the school district, and

  Section 7 (2) BEFORE amended by 2002-53-3, effective May 30, 2002 (Royal Assent).

(2)  A parent of a student of school age attending a school may, and at the request of a teacher or administrative officer must, consult with the teacher or administrative officer with respect to the student's educational program.

  Section 7 (1) (a) BEFORE amended by BC Reg 339/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 339/2006).

(a) to be informed, in accordance with the orders of the minister, of the student's attendance, behavior and progress in school,

  Section 7 (1) (b) BEFORE amended by 2007-29-3, effective November 1, 2007 (BC Reg 229/2007).

(b) on request, to the school plan for the school and the accountability contract for the school district, and

  Section 7 (1) (a) BEFORE amended by 2015-24-5, effective July 1, 2015.

(a) to be informed, in accordance with the orders of the minister, of the student's attendance, behaviour and progress in school,

  Section 7 (1) (b) BEFORE repealed by 2015-24-5, effective July 1, 2015.

(b) on request, to the school plan for the school and the achievement contract for the school district, and

  Section 7.1 was enacted by 2001-27-1, effective August 9, 2001 (Royal Assent).

  Section 8 (4) and (5) BEFORE amended by 2002-58-5, effective July 1, 2002.

(4)  A parents' advisory council, through its elected officers, may advise the board and the principal and staff of the school or the Provincial school respecting any matter relating to the school or the Provincial school.

(5)  A parents' advisory council, in consultation with the principal, must make bylaws governing its meetings and the business and conduct of its affairs, including bylaws governing the dissolution of the council.

  Section 8 (4) and (6) BEFORE amended by 2015-24-6, effective July 1, 2015.

(4) A parents' advisory council, through its elected officers, may

(a) advise the board and the principal and staff of the school or the Provincial school respecting any matter relating to the school or the Provincial school, other than matters assigned to the school planning council, and

(b) at the request of the school planning council, assist the school planning council in carrying out its functions under this Act.

(6) Voting at an election referred to in subsection (5) (b) and (c) must be by secret ballot.

  Section 8 (5) (a) by 2015-24-6, effective July 1, 2015.

(a) the dissolution of the parents' advisory council,

  Section 8 (5) (b) BEFORE repealed by 2015-24-6, effective July 1, 2015.

(b) the election of members to represent the parents' advisory council on the school planning council, and

  Section 8.1, 8.2, 8.3, 8.4, and 8.5 were enacted in Division 2 of Part 2 by 2002-58-6, effective July 1, 2002.

  Section 8.1 (3) (d) and (5) (d) were added by 2003-40-1, effective July 1, 2003.

  Section 8.1 BEFORE repealed by 2015-24-7, effective July 1, 2015.

  Section 8.2 (b) BEFORE amended by 2007-29-4, effective November 1, 2007 (BC Reg 229/2007).

(b) matters contained in the board's accountability contract relating to the school;

  Section 8.2 (d) was added by 2010-21-41, effective September 10, 2010 (BC Reg 260/2010).

  Section 8.2 BEFORE repealed by 2015-24-7, effective July 1, 2015.

  Section 8.3 (2) BEFORE amended by 2007-29-5, effective November 1, 2007 (BC Reg 229/2007).

(2)  By a date set by the board, a school planning council must prepare and submit to the board a school plan for the school in respect of improving student achievement and other matters contained in the board's accountability contract relating to that school.

  Section 8.3 BEFORE re-enacted by 2015-24-8, effective July 1, 2015.

  Section 11 (6) BEFORE amended by 2007-29-6(a), effective March 3, 2008 (BC Reg 24/2008).

(6)  A board may make any decision that it considers appropriate in respect of the matter that is appealed to it under this section, and the decision of the board is final.

  Section 11 (7) (a) BEFORE amended by 2007-29-6(b), effective March 3, 2008 (BC Reg 24/2008).

(a) make a decision under this section as soon as practicable after receiving an appeal, and

  Section 11 (6) BEFORE amended by BC Reg 18/10 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).

(6)  A board may make any decision that it considers appropriate in respect of the matter that is appealed to it under this section and, subject to section 11.1 (2), the decision of the board is final.

  Sections 11.1 to 11.3 were enacted by 2007-29-7, effective March 3, 2008 (BC Reg 24/2008).

  Section 11.1 (0.1) and (0.2) were added by 2015-24-9, effective July 1, 2015.

  Section 11.1 (1) and (3) BEFORE amended by 2015-24-9, effective July 1, 2015.

(1) Subject to the regulations, a decision of a board made under section 11 (6) or a reconsideration by a board under section 11.5 may be appealed to a superintendent of achievement.

(3) An appeal under this section does not suspend the operation of a decision under appeal unless the superintendent of achievement otherwise orders under section 11.3.

  Section 11.2 BEFORE amended by 2015-24-10, effective July 1, 2015.

  Section 11.3 BEFORE amended by 2015-24-10, effective July 1, 2015.

  Section 11.4 was enacted by 2007-29-7, effective March 3, 2008 (BC Reg 24/2008).

  Section 11.4 (2) BEFORE amended by 2012-3-12, effective July 1, 2012.

(2)  In adjudicating an appeal under subsection (1), an adjudicator must not make a decision that would result in any of the following:

(a) the size of any class exceeding the limits set out in section 76.1 (1) or (2);

(b) the size of any class, for any of grades 4 to 7 in any school in the school district, exceeding 30 students unless

(i)  in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, and

(ii)  the principal of the school has obtained the consent of the teacher of that class;

(c) the size of any class, for any of grades 8 to 12 in any school in the school district, exceeding 30 students unless

(i)  in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, and

(ii)  the principal of the school has consulted with the teacher of that class;

(d) any class in any school in a school district having more than 3 students with an individual education plan, within the meaning of section 76.1 (5), unless

(i)  in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, and

(ii)  the principal of the school has consulted with the teacher of that class.

  Section 11.4 (1) BEFORE amended by 2015-24-10, effective July 1, 2015.

(1) On receipt of an appeal referred by a superintendent of achievement under section 11.2, an adjudicator may

(a) confirm, vary or revoke the decision under appeal,

(b) refer the matter back to the board for reconsideration, with or without directions, or

(c) dismiss all or part of the appeal.

  Sections 11.5 to 11.8 were enacted by 2007-29-7, effective March 3, 2008 (BC Reg 24/2008).

  Section 11.6 BEFORE amended by 2015-24-10, effective July 1, 2015.

  Section 11.7 (g.1) was added by 2007-14-61, effective March 3, 2008 (BC Reg 24/2008).
Note: above (g.1) was changed from (f.1) by 2008 reg correction.

  Section 11.7 BEFORE amended by BC Reg 18/10 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).

  Section 11.7 first sentence BEFORE amended by 2015-24-10, effective July 1, 2015.

  Section 11.8 BEFORE amended by 2015-24-10, effective July 1, 2015.

  Section 12 BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent)

  Section 13 (2) (a) and (b) BEFORE amended by 2002-53-7, effective May 30, 2002 (Royal Assent).

(a) the board that has jurisdiction over the school must ensure that the administrative officer responsible for that school registers the child, or

(b) the francophone education authority that has jurisdiction over the francophone school must ensure that the francophone administrative officer of that francophone school registers the child.

  Section 13 (1) (a), (a.1), (a.2) and (b) BEFORE amended by 2006-21-8, effective July 1, 2006 (BC Reg 195/2006).

(a) a school of the parent's choice that is operating in the school district in which the parent resides,

(a.1) if the child is an eligible child, a school referred to in paragraph (a), (b) or (c), or a francophone school of the parent's choice that is operating in the francophone school district in which the parent resides,

(a.2) if the child is an immigrant child, a school referred to in paragraph (a), (b) or (c), or a francophone school of the parent's choice that is operating in the francophone school district in which the parent resides but only if the francophone education authority responsible for that school permits the parent to register that child,

(b) a distance education school providing services to the school district in which the parent resides or with the minister if no distance education school provides services to that district, or

  Section 14 (1.1) (a) BEFORE amended by 2007-16-28,Sch, effective July 1, 2007 (BC Reg 194/2007).

(a) in the case of a child registered under section 13 with a francophone school, to the chief executive officer of the francophone education authority for the francophone school district in which that child resides, and

  Section 14 (2) BEFORE amended by 2007-16-28,Sch, effective July 1, 2007 (BC Reg 194/2007).

(2)  On receipt of a report under this section, the superintendent or chief executive officer must take such action as is required by the orders of the minister.

  Section 14 (3) (b) BEFORE amended by 2007-16-28,Sch, effective July 1, 2007 (BC Reg 194/2007).

(b) the superintendent or chief executive officer in respect of an action taken under subsection (2)

  Section 16 BEFORE re-enacted by 2007-33-6, effective July 1, 2007 (BC Reg 231/2007).

  Sections 16 BEFORE re-enacted by 2011-19-114, effective January 9, 2012 (BC Reg 239/2011).

  Section 16.1 was enacted by 2007-33-6, effective July 1, 2007 (BC Reg 231/2007).

  Sections 16.1 BEFORE re-enacted by 2011-19-114, effective January 9, 2012 (BC Reg 239/2011).

  Section 17 (1) BEFORE amended by 2002-53-8, effective May 30, 2002 (Royal Assent).

  Section 18 (2) BEFORE amended by 2002-53-9, effective May 30, 2002 (Royal Assent).

(2)  Persons employed under subsection (1) must work under the general supervision of a teacher or administrative officer.

  Section 18 (2) BEFORE amended by BC Reg 339/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 339/2006).

(2)  Persons employed under subsection (1) must work under the general supervision of a teacher principal, vice principal or director of instruction.

  Section 18 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  A board may employ persons other than teachers to assist teachers in carrying out their responsibilities and duties under this Act and the regulations.

  Section 19 (1) BEFORE amended by 2002-53-10, effective May 30, 2002 (Royal Assent).

  Section 19 (1) (a) BEFORE amended by 2004-54-19, effective May 20, 2004 (Royal Assent).

(a) is a member of the college and holds a certificate of qualification as a teacher, or

  Section 19 (1) (b) BEFORE amended by 2011-19-115, effective January 9, 2012 (BC Reg 239/2011).

(b) holds a letter of permission to teach issued under section 25 (2) of the Teaching Profession Act.

  Section 20 (1), (2) and (3) BEFORE amended by 2002-53-11, effective May 30, 2002 (Royal Assent).

  Section 21 BEFORE amended by 2002-53-12, effective May 30, 2002 (Royal Assent).

  Section 21 (2) BEFORE amended by 2003-40-2, effective May 29, 2003 (Royal Assent).

(2)  If a teacher is appointed as a principal, vice principal or director of instruction in a school district and is subsequently offered a teaching position in that school district, he or she is, for the purposes of seniority only, deemed to have been a teacher in that school district both during the period that he or she was employed as a principal, vice principal or director of instruction and during the period that he or she was employed as a teacher in that school district.

  Section 22 (1) (b) BEFORE amended by 2007-29-8, effective July 1, 2007 (BC Reg 229/2007).

(b) is responsible for

(i)  the general organization, administration, supervision and evaluation of all educational programs, and

(ii)  the operation of schools in that district, and

  Section 22 (1) (b) (iii) was added by 2007-29-8(a), effective July 1, 2007 (BC Reg 229/2007).

  Section 22 (1) (b.1) was added by 2007-29-8(a), effective July 1, 2007 (BC Reg 229/2007).

  Section 22 (3) was added by 2007-29-8(b), effective July 1, 2007 (BC Reg 229/2007).

  Section 22 (1) (b) (iii) BEFORE amended and (b.1) BEFORE repealed by 2015-24-11, effective July 1, 2015.

(iii) for the operation of schools in the school district,

(b.1) must, on or before December 15 of a school year, prepare and submit to the board a report on student achievement in that district for the previous school year, and

  Section 22 (3) BEFORE repealed 2015-24-11, effective July 1, 2015.

(3) A superintendent of schools must promptly provide to a superintendent of achievement for the school district any information or report requested by the superintendent of achievement.

  Section 25 BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

  Section 26 BEFORE amended by 2002-53-13, effective May 30, 2002 (Royal Assent).

  Section 26.1 was enacted by 2001-27-2, effective August 9, 2001 (Royal Assent).

  Section 27 (1) (b) BEFORE amended by 2002-3-8(a), effective January 28, 2002 (Royal Assent).

(b) the terms and conditions, not inconsistent with this Act and the regulations, of a collective agreement under the Public Education Labour Relations Act, and

  Section 27 (3) and (4) BEFORE amended by 2002-3-8(b), effective January 28, 2002 (Royal Assent).

(3)  There must not be included in a collective agreement any provision

(a) regulating the selection and appointment of teachers under this Act, the courses of study, the program of studies or the professional methods and techniques employed by a teacher,

(b) restricting or regulating the assignment by a board of teaching duties to administrative officers, or

(c) limiting a board's power to employ persons other than teachers to assist teachers in the carrying out of their responsibilities under this Act and the regulations.

(4)  Subsection (3) does not prevent a collective agreement from containing a provision respecting hiring preferences for teachers who have previously been employed by the board.

  Section 27 (3) (b) BEFORE amended by 2002-53-14, effective May 30, 2002 (Royal Assent).

(b) restricting or regulating the assignment by a board of teaching duties to administrative officers, or

  Section 27 (3) (d) to (j) were added by 2002-3-8(c), effective September 1, 2002 (BC Reg 230/2002, repealing BC Reg 168/2002).

  Section 27 (5) and (6) were added by 2002-3-8(d), effective September 1, 2002 (BC Reg 230/2002, repealing BC Reg 168/2002).

  Section 27 (3) (c) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(c) limiting a board's power to employ persons other than teachers to assist teachers in the carrying out of their responsibilities under this Act and the regulations,

  Section 27 BEFORE re-enacted by 2012-3-13, effective April 14, 2012.

  Section 27 (3) (d) to (j) BEFORE repealed by RS1996-412-27(7), effective June 30, 2013.

(d) restricting or regulating a board's power to establish class size and class composition,

(e) establishing or imposing class size limits, requirements respecting average class sizes, or methods for determining class size limits or average class sizes,

(f) restricting or regulating a board's power to assign a student to a class, course or program,

(g) restricting or regulating a board's power to determine staffing levels or ratios or the number of teachers or other staff employed by the board,

(h) establishing minimum numbers of teachers or other staff,

(i) restricting or regulating a board's power to determine the number of students assigned to a teacher, or

(j) establishing maximum or minimum case loads, staffing loads or teaching loads.

  Section 27 (3) (b) BEFORE amended by 2016-5-33, effective March 10, 2016 (Royal Assent)

(b) restricting or regulating the assignment by a board of teaching duties to principals, vice principals or directors of instruction,

  Section 27.1 was enacted by 2002-3-9, effective January 28, 2002 (Royal Assent).

  Section 27.1 BEFORE repealed by 2004-16-3, effective January 28, 2002 [retro from April 29, 2004 (Royal Assent)].

  Section 28 (1) and (2) BEFORE amended by 2002-3-10, effective January 28, 2002 (Royal Assent).

(1)  A teachers' union may, on matters in respect of which a board has been given power or discretion under this Act or the regulations, enter into a collective agreement containing provisions respecting

(a) the manner in which the power or the discretion may be exercised, and

(b) the consequences that flow from the exercise of the power or discretion.

(2)  Despite subsection (1), if this Act or the regulations contain express provisions respecting any matter referred to in subsection (1) (a) and (b), those express provisions prevail over the collective agreement in the event of conflict.

  Section 28 (3) was added by 2004-16-4, effective April 29, 2004 (Royal Assent).

  Section 28 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  The Provincial union, as defined in the Public Education Labour Relations Act, may, on matters in respect of which a board has been given power or discretion under this Act or the regulations, enter into a collective agreement containing provisions respecting

  Section 29 (b) BEFORE amended by 2002-3-11, effective January 28, 2002 (Royal Assent).

(b) the right of the employers' association, as defined in the Public Education Labour Relations Act, to declare or authorize a lockout,

  Part 4, Division 1 heading BEFORE amended by 2007-29-9, effective July 1, 2007 (BC Reg 229/2007).

Division 1 — Establishment of School Boards

  Section 30 (1) BEFORE amended by 2007-29-10, effective July 1, 2007 (BC Reg 229/2007).

(1)  There is to be a board of school trustees for each school district.

  Section 32 (1) (d) BEFORE amended by 2014-19-94, effective May 29, 2014 (Royal Assent).

(d) the person must not be disqualified by this Act or any other enactment from voting in an election in British Columbia or from being nominated for, being elected to or holding office as trustee, or be otherwise disqualified by law.

  Section 33 (a) BEFORE amended by 2007-29-10, effective July 1, 2007 (BC Reg 229/2007).

(a) a person who is disqualified under section 34 as an employee of a school board, except as authorized under that section;

  Section 33 (d) BEFORE amended by 2007-16-30,Sch, effective July 1, 2007 (BC Reg 194/2007).

(d) a person who holds office as a director of a francophone education authority under Part 8.1.

  Section 33 (b) and (c) BEFORE amended and (b.1) was added by 2014-19-95, effective May 29, 2014 (Royal Assent).

(b) a person who is disqualified under section 52 of this Act or under section 92 or 92.4 of the Local Government Act or section 64 or 64.3 of the Vancouver Charter, as those sections apply to trustee elections;

(c) a person who is prohibited from holding elected office

(i) under Division 17 of Part 3 of the Local Government Act as it applies to elections or voting on any other matter under that Act, this Act or any other Act, or

(ii) under Division (17) of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that Act, this Act or any other Act.

  Section 33 (c) (i) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(i) Division 17 [Election Offences] of Part 3 of the Local Government Act as it applies under this Act, that Act or any other Act, or

  Section 34 (8) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(8) At the option of the employee, a resignation under subsection (7) may be conditional on the person's election not being declared invalid on an application under section 143 of the Local Government Act or section 115 of the Vancouver Charter, as those sections apply to trustee elections.

  Section 35 (1) BEFORE amended by 2014-19-96, effective May 29, 2014 (Royal Assent).

(1) Elections of all trustees, to be known collectively as a general school election, must be held in 1993 and in every third year after that.

  Section 35 (2) BEFORE amended by 2014-19-182, effective January 1, 2016.

(2) General voting day for the general school election must be on the third Saturday of November in the year of the election.

  Section 36 (6) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(6)  If a trustee election is not held as required by or under this Act, or if the electors fail to elect the number of trustees that are to be elected, the minister may appoint persons as trustees to fill the vacancies.

  Section 36 (1) (c.1) BEFORE amended by 2014-19-97, effective May 29, 2014 (Royal Assent).

(c.1) the office becomes vacant under section 92 [failure to file disclosure statement] of the Local Government Act or under section 64 of the Vancouver Charter, as those sections apply to trustee elections;

  Section 36 (1) (c) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(c) the office is declared vacant on the final determination of an application under section 143 of the Local Government Act or under section 115 of the Vancouver Charter, as those sections apply to trustee elections, or a candidate affected by an application under one of those sections renounces claim to the office;

  Section 36 (3) BEFORE amended by 2016-9-45, effective May 19, 2016 (Royal Assent).

(c.1) the office becomes vacant under section 64 (2) [candidate disqualification penalties for failure to disclose] or 65 (1) (a) [candidate disqualification penalties for false or misleading disclosure] of the Local Elections Campaign Financing Act;

  Section 36 (3) BEFORE amended by 2016-9-45, effective May 19, 2016 (Royal Assent).

(3) Within 30 days after a vacancy occurs for which an election is to be held, the board must

(a) appoint a chief election officer, in the case of a trustee election required to be conducted by the board, or

(b) notify the municipal council, in the case of a trustee election required to be conducted by a municipality, which must appoint a chief election officer within 30 days after being notified.

  Section 36 (3.1) and (3.2) were added by 2016-9-45(b), effective May 19, 2016 (Royal Assent).

  Section 38 (1), (7) and (8) BEFORE amended by 2014-19-98, effective May 29, 2014 (Royal Assent).

(1) For a trustee election conducted by a municipality under section 37 (1) as part of a general school election, the board must reimburse the municipality for any costs of the trustee election that are additional to the costs, if any, incurred by the municipality in conducting a local government election or other voting at the same time as the trustee election.

(7) An election to which an agreement referred to in subsection (6) applies is valid despite the agreement and any bylaws in relation to it having the effect of creating differences in election proceedings between different parts of the trustee electoral area or other jurisdiction for which an election is held.

(8) Without limiting subsection (6), an agreement referred to in that subsection may allow a board or local government to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the trustee electoral area or jurisdiction for which the election is held.

  Section 38 (4) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(4) A board may enter into an agreement with a local government referred to in section 40 of the Local Government Act or section 13 of the Vancouver Charter, under which one party to the agreement conducts an election for the other, or in conjunction with an election of the other, in accordance with the terms of the agreement.

  Section 39 (2) (c) BEFORE repealed by 2014-19-99, effective May 29, 2014 (Royal Assent).

(c) a person who is prohibited from voting

(i) under Division 17 of Part 3 of the Local Government Act as it applies to elections or voting on any other matter under that Act, this Act or any other Act, or

(ii) under Division (17) of Part I of the Vancouver Charter as it applies to elections or voting on any other matter under that Act, this Act or any other Act;

  Section 39 (2) (d) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(d) a person who has contravened section 151 (3) of the Local Government Act or section 123 (3) of the Vancouver Charter, as those sections apply to trustee elections, in relation to the election.

  Section 40 (1) BEFORE amended by 2014-19-100, effective May 29, 2014 (Royal Assent).

(1) In order to vote as a resident elector of a trustee election, a person must meet all the following requirements at the time of voting:

(a) the person must be an individual who is, or who will be on general voting day for the trustee election, age 18 or older;

(b) the person must be a Canadian citizen;

(c) the person must have been a resident of British Columbia, for at least 6 months immediately before that day;

(d) the person must have been a resident of the trustee electoral area for which the election is held for at least 30 days immediately before that day;

(e) the person must not be disqualified by this Act or any other enactment from voting in a trustee election or be otherwise disqualified by law.

  Section 40 (1) (d) BEFORE amended by 2021-5-82(a), effective March 25, 2021 (Royal Assent).

(d) the person must have been a resident of the trustee electoral area for which the election is held for at least 30 days immediately before that day;

  Section 40 (2) BEFORE repealed by 2021-5-82(b), effective March 25, 2021 (Royal Assent).

(2) If the boundaries of a school district or a trustee electoral area are extended, a person is deemed to have satisfied the requirement of subsection (1) (d) if, for at least 30 days before the person applies for registration as an elector, the person has been a resident of the trustee electoral area in which the person resides.

  Section 43 (3) (b) BEFORE amended by 2008-5-35, effective March 5, 2008 (day after 1st Rdg.).

(b) in the case of a person applying to register as a non-resident property elector, delivering to the election official responsible at the place where the person is voting a certificate under section 44 of this Act or under section 58 of the Local Government Act or section 31 of the Vancouver Charter.

  Section 43 (5) (b) BEFORE amended by 2014-19-101(a), effective May 29, 2014 (Royal Assent).

(b) the person is registered as a resident elector of the jurisdiction referred to in paragraph (a) before the date established for the close of advance registration as an elector of that jurisdiction.

  Section 43 (6) (c) BEFORE amended by 2014-19-101(b), effective May 29, 2014 (Royal Assent).

(c) the person is registered as a non-resident property elector of the jurisdiction referred to in paragraph (b) in relation to that property before the date established for the close of advance registration as an elector of that jurisdiction.

  Section 44 BEFORE repealed by 2008-5-36, effective March 5, 2008 (day after 1st Rdg.).

  Section 45 (2) (c) BEFORE amended by 2003-52-483, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(c) a reference to the designated local government officer or to the local government officer assigned responsibility under section 198 of the Local Government Act is to be read as a reference to the secretary treasurer of the board;

  Section 45 (2) (b) and (d) BEFORE amended by 2014-19-102(a), effective May 29, 2014 (Royal Assent).

(b) a reference to a jurisdiction or electoral area is to be read as a reference to a trustee electoral area;

(d) a reference to the minister is to be read as a reference to the minister responsible for this Act.

  Section 45 (4) (d) BEFORE amended by 2014-19-102(b), effective May 29, 2014 (Royal Assent).

(d) a reference to the minister is to be read as a reference to the minister responsible for this Act.

  Section 45 (9) BEFORE amended by 2014-19-102(c), effective May 29, 2014 (Royal Assent).

(9) As a limit on subsection (8), a bylaw under that subsection may not provide that a bylaw of a local government under section 72.1, 107 or 141 of the Local Government Act or under section 44.1, 79 or 113 of the Vancouver Charter applies to a trustee election.

  Section 45 (7) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(7) A board may exercise the authority of a municipal council under section 103 of the Local Government Act to establish voting divisions in relation to its trustee elections and, if this is done, that section applies.

  Section 45 (9) (a) BEFORE amended by 2018-39-24, effective January 1, 2016 [retro from October 31, 2018 (Royal Assent)].

(a) in relation to the Local Government Act,

(i) section 71 (2) [minimum number of nominators],

(ii) section 72.1 [nomination deposits],

(iii) section 107 [order of names on ballot determined by lot], and

(iv) section 141 [determination of election results by lot];

  Section 46 (4) BEFORE amended by 2014-19-103, effective May 29, 2014 (Royal Assent).

(4) A municipal council does not have authority to adopt a bylaw under section 72.1, 107 or 141 of the Local Government Act or under section 44.1, 79 or 113 of the Vancouver Charter, as applicable, in relation to a trustee election but, instead, the board may adopt bylaws under those sections for the trustee election.

  Section 46.1 was enacted by 2014-19-104, effective May 29, 2014 (Royal Assent).

  Section 46.1 BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

  Section 46.1 BEFORE re-enacted by 2021-5-83, effective December 1, 2021 (BC Reg 281/2021).

  Section 48 (1) BEFORE amended by 2008-5-37, effective March 5, 2008 (day after 1st Rdg.).

(1)  A person who contravenes section 151, 152, 152.1 or 153 of the Local Government Act or section 123, 124, 124.1 or 125 of the Vancouver Charter, as those sections apply to a trustee election, commits an offence and is liable to the applicable penalties under section 154 of the Local Government Act or section 126 of the Vancouver Charter.

  Section 48 (1.1) was added by 2008-8-37, effective March 5, 2008 (day after 1st Rdg.).

  Section 48 BEFORE re-enacted by 2014-19-105, effective May 29, 2014 (Royal Assent).

  Section 48 (1) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(1) For certainty, Division 17 [Election Offences] of Part 3 of the Local Government Act and Division (17) [Election Offences] of Part I of the Vancouver Charter apply in relation to the application of those Parts to trustee elections.

  Section 48 (2) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(2) In addition to the offences applicable as referred to in subsection (1), a person who contravenes section 39 (5) or 166.14 (7) of this Act commits an offence and is liable to the penalties provided in section 154 (2) of the Local Government Act.

  Section 48 (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(3) Sections 153.1 [prosecution of organizations and their directors and agents] and 153.2 [time limit for starting prosecution] of the Local Government Act apply in relation to offences under this section.

  Section 49 BEFORE re-enacted by 2014-19-183, effective January 1, 2016.

  Section 50 (2) BEFORE amended by 2003-52-484, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(2)  The oath must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a local government officer assigned responsibility under section 198 of the Local Government Act or the secretary treasurer of a board, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.

  Section 52 (3) BEFORE amended by 2014-19-106, effective May 29, 2014 (Royal Assent).

(3) If a person appointed or elected as a trustee is disqualified under the Local Government Act or the Vancouver Charter from being nominated for, being elected to or holding office on a board until after the next general local election, the office to which the person was appointed or elected is deemed to be vacant.

  Section 54 (1) and (3) BEFORE amended by 2003-52-485, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(1)  Subject to Part 5 and subsection (2), the right of a trustee to hold office may be determined on application to the Supreme Court and, for this purpose, section 213 of the Local Government Act applies.

(3)  As an exception to subsection (2), if fewer than 3 trustees remain in office, section 36 (5) applies to require that the vacant office be filled by election or appointment and section 147 (4) of the Local Government Act applies to the person elected or appointed to the vacant office and to the person declared disqualified.

  Section 55 definition of "senior officer" BEFORE amended by 2003-70-246, effective March 29, 2004 (BC Reg 64/2004).

"senior officer" means a senior officer as defined in the Company Act;

  Section 55 BEFORE renumbered as 55 (1) by 2011-25-442(a), effective November 24, 2011 (Royal Assent).

  Section 55 (1) definition of "spouse" BEFORE amended by 2011-25-442(b), effective November 24, 2011 (Royal Assent).

"spouse" means a person who is married to a trustee or a person who is living with a trustee as husband and wife and has lived as such for a continuous period of not less than 2 years but does not include a husband or a wife who is separated and living apart from a trustee and who

(a) has entered into a written agreement under which they have agreed to live apart, or

(b) is subject to an order of the court recognizing the separation.

  Section 55 (1) definition of "parent" was added by 2011-25-442(c), effective November 24, 2011 (Royal Assent).

  Section 55 (2) was added by 2011-25-442(d), effective November 24, 2011 (Royal Assent).

  Section 56 (part) BEFORE amended by 2007-29-12, effective July 1, 2007 (BC Reg 229/2007).

  Section 59 (c) BEFORE amended by 2004-48-137, effective December 31, 2004 (BC Reg 597/2004).

(c) by reason only that the trustee is a member of an association incorporated under the Cooperative Association Act or a credit union as defined in the Credit Union Incorporation Act having dealings or contracts in respect of the matter with the board of the school district of which he or she is a trustee, or

  The Part 6 Heading BEFORE amended by 2007-29-13, effective July 1, 2007 (BC Reg 229/2007).

Part 6 — School Boards

  Section 65 (1) BEFORE amended by 2007-29-14, effective July 1, 2007 (BC Reg 229/2007).

(1)  The trustees elected or appointed under this Act for each school district and their successors in office constitute a board of school trustees for the district and are a corporation under the name of "The Board of School Trustees of School District No. 1 (Fernie)" (or as the case may be).

  Section 65 (1.1) was added by 2007-29-14, effective July 1, 2007 (BC Reg 229/2007).

  Section 67 (5.1) was added by 2002-58-15, effective July 1, 2002.

  Section 73 (1) (a) BEFORE amended by 2002-53-16, effective May 30, 2002 (Royal Assent).

(a) with the approval of the minister, open, close or reopen a school permanently or for a specified period of time, and

  Section 74 (2) BEFORE amended by 2002-53-17, effective May 30, 2002 (Royal Assent).

(2)  A board must ensure that an administrative officer is responsible for each school in its school district.

  Section 74 (1) BEFORE amended by 2015-24-12, effective May 14, 2015 (Royal Assent).

(1) A board is responsible for the management of the schools in its school district and for the custody, maintenance and safekeeping of all property owned or leased by the board.

  Section 74.01 was enacted by 2010-21-42, effective September 10, 2010 (BC Reg 260/2010).

  Section 74.01 (1) and (2) BEFORE amended by 2015-24-13, effective July 1, 2015.

(1) A board may install and operate a video surveillance camera in a school facility or on school land for the purposes of protecting

(a) the safety of individuals in a school facility or on school land,

(b) an individual's belongings in a school facility or on school land, or

(c) school property

with the prior approval of the school planning council for the school where the board proposes to install and operate a video surveillance camera.

(2) A school planning council may make recommendations to a board to install and operate a video surveillance camera in a school facility or on school land for the purposes set out in subsection (1).

  Section 74.1 was added by 2002-58-18, effective July 1, 2002.

  Section 74.1 (6.1) and (6.2) were added by 2003-40-3(a), effective May 29, 2003 (Royal Assent).

  Section 74.1 (8) BEFORE amended by 2003-40-3(b), effective May 29, 2003 (Royal Assent).

(8)  If 2 or more persons have the same priority under this section, the persons have, as between themselves, priority according to the date and time their respective applications to enroll were received by the board.

  Section 74.1 (1) definition of "previous school year" BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent)

"previous school year" means the school year previous to the school year for which the person is applying to enroll in an educational program;

  Section 74.1 (2) to (6), (7) and (9) BEFORE amended by 2016-5-40,Sch 2 and 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent)

(2) A board must enroll all persons who exercise their entitlement to enroll in an educational program under section 2 (1).

(3) A board may refuse to enroll a non-school district child under section 2 (2) if the child is

(a) a student suspended by a board under section 85 (2) (d), or

(b) a student to whom a board has refused to offer an educational program under section 85 (3).

(4) A board

(a) for each school year, must establish a date by which an application to enroll a person in an educational program must be received by the board for the purposes of this section,

(b) in respect of the date referred to in paragraph (a), may establish different dates for different grades, educational programs, schools or children defined in subsection (1), and

(c) may dispense with the application referred to in paragraph (a) and establish an alternative procedure to enroll a school district child who was enrolled in an educational program in the school district in the previous school year.

(5) If a board establishes an alternative application procedure under subsection (4) (c), the enrollment of a school district child remains subject to the priorities set out in this section.

(6) If a board determines that space and facilities are available at the school in which the educational program is made available, a person whose application was received by the board by the date established under subsection (4) is entitled to enroll in that educational program in the following descending order of priority:

(a) a catchment area child who, in the previous school year, attended the school at which the educational program is made available;

(b) a catchment area child;

(c) a non-catchment area child;

(d) a non-school district child.

(7) If a board determines that space and facilities are available at the school in which the educational program is made available, a non-school district child referred to in subsection (6) is entitled to enroll in an educational program in priority to a school district child whose application was received by the board after the date established under subsection (4).

(9) For the purposes of this section, a person's residency is determined as of the date the application to enroll the person is submitted to the board.

  Section 75 (1), (2), (3), (4), and (5) BEFORE amended by 2002-53-19(a), (b), (c), (d), and (e), effective July 1, 2002.

(1)  Subject to the other provisions of this Act and the regulations and to any orders of the minister under this Act, a board must make available an educational program to all persons of school age resident in its district who enroll in schools in the district.

(2)  A board may provide an educational program to persons referred to in subsection (1) in its own school district or elsewhere.

(3)  A board complies with subsection (1) if

(a) the educational program is provided by the board,

(b) with the approval of the minister, the educational program is provided by a Provincial school, or

(c) with the agreement of another board or a francophone education authority, the educational program is provided by that other board or by the francophone education authority.

(4)  A board may assign and reassign students to specific schools or to educational programs referred to in subsection (3).

(5)  Unless the board of the school district in which a person of school age resides objects, any other board may make available to that person an educational program.

  Section 75 (7) BEFORE amended by 2002-53-19, effective May 30, 2002 (Royal Assent).

(7)  Subject to the regulations, a board is responsible for evaluating all of the educational programs and services provided by the board, including services provided under an agreement under section 86 (1) (a).

  Section 75 (3) (c) BEFORE amended by 2006-21-9(a), effective July 1, 2006 (BC Reg 195/2006).

(c) with the agreement of another board or a francophone education authority, and with any consent required under subsection (2) (b) the educational program is provided by that other board or by the francophone education authority.

  Section 75 (4.1) was added by 2006-21-9(b), effective July 1, 2006 (BC Reg 195/2006).

  Section 75 (7) (b) BEFORE amended by 2011-19-116, effective January 9, 2012 (BC Reg 239/2011).

(b) must have students assessed and evaluated by a member of the college.

  Section 75 (1) BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent)

(1) Subject to the other provisions of this Act and the regulations and to any orders of the minister under this Act, a board must make available an educational program to all persons of school age who enroll in a school in the district.

  Section 75 (8) (b) BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent)

(b) to enroll and receive instruction in an educational program sufficient to meet the general requirements for graduation.

  Section 75 (4.01) was added by 2020-4-11, effective July 1, 2021.

  Section 75 (4.1) BEFORE amended by 2020-4-11, effective July 1, 2021.

(4.1) A board may provide all or part of an educational program by means of distributed learning only with the prior agreement of the minister.

  Section 75.1 was enacted by 2002-53-20, effective July 1, 2002.

  Section 75.1 (1) BEFORE amended by 2006-21-10, effective July 1, 2006 (BC Reg 195/2006).

(1)  A board must establish for each school in its school district, except for a Provincial resource program or a distance education school, a catchment area consisting of a geographical area around the school that includes all or part of the school district.

  Section 76.1 was enacted by 2002-3-12, effective January 28, 2002 (Royal Assent).

  Section 76.1 (1) BEFORE amended by 2006-21-11(a), effective July 1, 2006 (BC Reg 195/2006).

(1)  A board must ensure that the average size of its classes, in the aggregate, does not exceed

(a) for kindergarten, 19 students,

(b) for grades 1 to 3, 21 students, and

(c) for grades 4 to 12, 30 students.

  Section 76.1 (2.1) to (2.4) and (5) were added by 2006-21-11(b), effective July 1, 2006 (BC Reg 195/2006).

  Section 76.1 (1) BEFORE repealed by 2012-3-14, effective July 1, 2012.

(1)  A board must ensure that the average size of its classes, in the aggregate, does not exceed

(a) for kindergarten, 19 students,

(b) for grades 1 to 3, 21 students,

(c) for grades 4 to 7, 28 students, and

(d) for grades 8 to 12, 30 students.

  Section 76.1 (2) (part) BEFORE amended by 2012-3-14, effective July 1, 2012.

(2)  Despite subsection (1), a board must ensure that the size of any primary grades class in any school in its school district does not exceed

  Section 76.1 (2.1) to (2.4) BEFORE amended by 2012-3-14, effective July 1, 2012.

(2.1)  Despite subsection (1) but subject to subsection (2.4), a board must ensure that the size of any class for any of grades 4 to 7 in any school in its school district does not exceed 30 students unless

(a) in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, and

(b) the principal of the school has obtained the consent of the teacher of that class.

(2.2)  Despite subsection (1) but subject to subsection (2.4), a board must ensure that the size of any class for any of grades 8 to 12 in any school in its school district does not exceed 30 students unless

(a) in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, and

(b) the principal of the school has consulted with the teacher of that class.

(2.3)  Despite subsections (1) to (2.2) but subject to subsection (2.4), a board must ensure that any class in any school in its school district does not have more than 3 students with an individual education plan unless

(a) in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, and

(b) the principal of the school has consulted with the teacher of that class.

(2.4)  Subsections (2.1) to (2.3) apply to a board, in relation to a school year, after the date under section 76.3 (5) on the report that the board submits to the minister under section 76.3 (10) for that school year.

  Section 76.1 (3) to (5) BEFORE repealed by 2012-3-14, effective July 1, 2012.

(3)  The Lieutenant Governor in Council may, by regulation,

(a) establish the methods to be used by a board for determining average class size in the aggregate, including, without limitation, methods of providing for students with special needs,

(b) exclude any type of class, course, program, school or student from the determination of average class size in the aggregate,

(c) set dates by which determinations must be made under this section,

(d) define terms used in this section for the purposes of a regulation under this section,

(e) require boards to prepare, submit to the minister and make publicly available, in the form and manner specified by the Lieutenant Governor in Council, for each school district and each school within the school district,

(i)  reports respecting class size, and

(ii)  plans respecting allocation of resources, services and staff in order to comply with subsection (1),

(f) specify matters that must be considered by a board in preparing a plan under paragraph (e) (ii) and the information required to be included in reports or plans under paragraph (e), and

(g) require a board to establish, in respect of plans and reports under paragraph (e), a process of consultation with parents of students attending school in the school district.

(4)  The limits and requirements of subsections (1) and (2) do not apply for the purposes of the 2001-2002 school year.

(5)  In this section, "student with an individual education plan" means a student for whom an individual education plan must be designed under the Individual Education Plan Order, Ministerial Order 638/95, but does not include a student who has exceptional gifts or talents.

  Sections 76.2 to 76.8 were enacted by 2006-21-12, effective July 1, 2006 (BC Reg 195/2006).

  Section 76.2 and 76.3 BEFORE repealed by 2012-3-15, effective July 1, 2012.

  Section 76.3 (1) definition of "student with an individual education plan" BEFORE repealed by 2007-29-15, effective July 1, 2007 (BC Reg 229/2007).

"student with an individual education plan" has the same meaning as in section 76.1.

  Section 76.4 to 76.7 BEFORE repealed by 2012-3-15, effective July 1, 2012.

  Section 76.8 BEFORE amended by 2012-3-16, effective April 14, 2012.

  Section 76.8 BEFORE amended by 2012-3-16, effective July 1, 2012.

  Section 77 (1) BEFORE amended by 2002-3-13, effective January 28, 2002 (Royal Assent).

(1)  On or before May 31 of each school year, a board must, for each school in its school district,

(a) make available, in accordance with the regulations, a school calendar for the following school year to every parent of a student in the school, and

(b) specify for the following school year

(i)  the length of school days,

(ii)  the number of minutes of school operation to be provided in a school day,

(iii)  the number of minutes of instruction to be provided in a school day, and

(iv)  the number and length of recesses to be provided in a school day.

  Section 77 (3) was added by 2012-17-3, effective July 1, 2012.

  Section 77 BEFORE repealed by RS1996-412-77(3), effective June 30, 2013.

  Section 78 BEFORE amended by 2002-3-14(a), effective January 28, 2002 (Royal Assent).

(e) set the minimum number of hours of instruction that must be provided in a school week,

  Section 78 (3.1) was added by 2002-3-14(b), effective January 28, 2002 (Royal Assent).

  Section 78 (1) and (2) BEFORE repealed by 2012-17-4, effective July 1, 2012.

(1)  The Lieutenant Governor in Council must, by regulation,

(a) set a standard school calendar that is applicable to a period of 5 consecutive school years,

(b) set the first of the standard school calendars required by this section for the 1993-1994 school year and the 4 subsequent school years, and

(c) on or before May 31 of the fourth school year in each period of 5 consecutive school years covered by a standard school calendar, set a new standard school calendar to take effect on the expiry of the then existing standard school calendar.

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may, in a standard school calendar set under subsection (1),

(a) set the days in session in a school year,

(b) set a minimum number of days within the days in session that must be days of instruction,

(c) set a maximum number of non-instructional periods within the days in session,

(d) set the number of days in a calendar week within the days in session that are to be school days,

(e) set the minimum number of hours of instruction that must be provided in a school year,

(f) specify the opening and closing dates for schools,

(g) specify the dates of vacation periods and holidays within the days in session, and

(h) set the date for the administrative day.

  Section 78 (3) (part) and (3.1) BEFORE amended by 2012-17-4, effective July 1, 2012.

(3)  A board may adopt, in accordance with the regulations, a school calendar that differs from the standard school calendar for one or more

(3.1)  A board may not adopt a school calendar under subsection (3) unless, in accordance with the regulations, parents of the students enrolled in the school and representatives of employees of the board assigned to the school have been consulted.

  Section 78 (6) was added by 2012-17-4, effective July 1, 2012.

  Section 78 BEFORE repealed by RS1996-412-77(3), effective June 30, 2013.

  Section 78.1 was enacted by 2002-3-15, effective July 1, 2002.

  Section 78.1 BEFORE repealed by 2012-3-17, effective April 14, 2012.

  Section 79.1 BEFORE amended by 2006-21-13, effective July 1, 2006 (BC Reg 195/2006).

  Section 79.1 (3) (a) and (b) BEFORE amended by 2020-4-12, effective July 1, 2021.

(a) in an independent school, but takes one or more courses through a school or francophone school by means of distributed learning, or

(b) in a school or francophone school, but takes one or more courses through an independent school by means of distributed learning,

  Section 79.2 was enacted by 2002-53-21, effective May 30, 2002 (Royal Assent).

  Section 79.2 (1) BEFORE amended by 2007-29-16(a), effective November 1, 2007 (BC Reg 229/2007).

(1)  A board must prepare an accountability contract with respect to improving student achievement in the school district and any other matters ordered by the minister.

  Section 79.2 (1.1) was added by 2007-29-16(a), effective November 1, 2007 (BC Reg 229/2007).

  Section 79.2 (2) BEFORE amended by 2007-29-16(b), effective November 1, 2007 (BC Reg 229/2007).

(2)  On or before October 31 of each year, a board must submit its accountability contract for the school year to the minister and must make its accountability contract available to residents of the school district and to parents of students attending schools in the district.

  Section 79.2 BEFORE repealed by 2015-24-14, effective July 1, 2015.

  Section 79.3 BEFORE repealed by 2015-24-14, effective July 1, 2015.

  Sections 79.3 to 79.4 were enacted by 2007-29-17, effective July 1, 2007 (BC Reg 229/2007).

  Section 79.4 BEFORE repealed by 2015-24-14, effective July 1, 2015.

  Section 80 BEFORE repealed by 2002-53-22, effective May 30, 2002 (Royal Assent).

  Section 81 BEFORE amended by 2002-53-23, effective May 30, 2002 (Royal Assent).

  Section 81.1 was enacted by 2007-29-18, effective July 16, 2007 (BC Reg 229/2007).

  Section 81.1 BEFORE repealed by 2015-24-14, effective July 1, 2015.

  Section 82 (1), (2) and (2.1) BEFORE amended by 2002-53-24, effective July 1, 2003.

(1)  A board must provide free of charge to every student of school age resident in its school district and enrolled in an educational program in a school,

(2)  For the purposes of subsection (1), a student is resident in a school district if the student is ordinarily resident in the school district and the guardian of the person of the student is ordinarily resident in British Columbia.

(2.1)  Subject to subsection (2.2), if a board permits a student who is older than school age and is ordinarily resident in its school district to enroll in an educational program leading to graduation, the board must provide free of charge to that student

  Section 82 (7) BEFORE amended by 2006-21-14, effective July 1, 2006 (BC Reg 195/2006).

(7)  A board is not responsible to pay for any educational activity undertaken by a student that is not provided by the board.

  Section 82 (3) BEFORE amended by 2007-29-19, effective July 1, 2007 (BC Reg 229/2007).

(3)  Subject to subsections (1) and (2.1) and to the orders of the minister, a board may charge fees for goods and services provided by the board.

  Section 82 (2) BEFORE amended by 2011-25-443, effective March 18, 2013 (BC Reg 131/2012).

(2)  For the purposes of subsection (1), a student is resident in British Columbia if the student and the guardian of the person of the student are ordinarily resident in British Columbia.

  Section 82 (2.1) (part) BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent)

(2.1) Subject to subsection (2.2), if a board permits a student who is older than school age and is ordinarily resident in British Columbia to enroll in an educational program leading to graduation, the board must provide free of charge to that student

  Sections 82.1 was enacted by 2007-29-20, effective July 1, 2007 (BC Reg 229/2007).

  Section 82.1 (2) (a), (5) and (6) were enacted by 2007-29-20, effective January 1, 2009 (BC Reg 219/2008).

  Section 82.1 (1) BEFORE amended by 2012-17-5, effective July 1, 2012.

(1)  In this section:

"specialty academy" means an educational program that emphasizes a particular sport, activity or subject area and meets the prescribed criteria set out in the regulations;

"standard educational program" means an educational program described in section 82 (1) and (2.1), including

(a) an educational program provided in a language other than English under section 5 (2) or (3), and

(b) an educational program provided according to the terms of an individual education plan.

  Section 82.1 (2) (a) BEFORE amended by 2015-24-15, effective July 1, 2015.

(a) the school planning council for the school where the board proposes to offer the specialty academy approves the specialty academy after consulting with the parents' advisory council for that school, and

  Section 82.1 (6) (a) and (b) BEFORE amended by 2015-24-15, effective July 1, 2015.

(a) consult with the school planning council for the school where the specialty academy is offered, and

(b) obtain the approval of that school planning council for the schedule of fees.

  Sections 82.2 was enacted by 2007-29-20, effective July 1, 2007 (BC Reg 229/2007).

  Section 82.2 (1) BEFORE amended by 2022-4-75, effective December 1, 2022 (BC Reg 252/2022).

(1) In this section, "trades program" means an educational activity that is designed to certify a student for a particular occupation, and includes an apprenticeship for students registered with the Industry Training Authority under the Industry Training Authority Act.

  Sections 82.3 was enacted by 2007-29-20, effective July 1, 2007 (BC Reg 229/2007).

  Section 82.31 was enacted by 2012-17-6, effective July 1, 2012.

  Section 82.31 (1) BEFORE amended by 2015-18-351, effective November 28, 2016 (BC Reg 216/2015).

(1) In this section and section 178, "International Baccalaureate program" means an educational program based on a curriculum developed and standards set by the International Baccalaureate Organization, an extraprovincial society registered under the Society Act.

  Section 82.4 was enacted by 2007-29-20, effective July 1, 2007 (BC Reg 229/2007).

  Section 82.4 BEFORE amended by 2012-17-7, effective July 1, 2012.

  Section 83 (b) BEFORE amended by 2002-53-25, effective May 30, 2002 (Royal Assent).

(b) subject to the approval of the minister, assist in paying the cost of transportation, board, lodging or tuition fees of a person attending an educational institution outside of British Columbia.

  Section 83 BEFORE amended by 2006-21-15, effective July 1, 2006 (BC Reg 195/2006).

  Section 83 (2) BEFORE amended by 2020-4-13, effective July 1, 2021.

(2) If a student is enrolled in an educational program that is delivered, in whole or in part, through distributed learning, the board may provide any financial assistance to the student that is authorized under an agreement under section 75 (4.1).

  Section 85 (4) and (5) were added by 2001-27-3, effective August 9, 2001 (Royal Assent).

  Section 85 (2) (k) BEFORE amended by 2002-53-26, effective July 1, 2003.

(k) establish loan funds or bursaries for students resident in the school district and spend money received by donation.

  Section 85 (1.1) was added by 2007-16-4(a), effective September 4, 2007 (BC Reg 194/2007).

  Section 85 (2) (c) (i) BEFORE repealed by 2007-16-4(b), effective September 4, 2007 (BC Reg 194/2007).

(i)  establishing a code of conduct for students attending educational programs operated by or on behalf of the board,

  Section 85 (1) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  For the purposes of carrying out its powers, functions and duties under this Act and the regulations, a board has the power and capacity of a natural person of full capacity.

  Section 85.1 was enacted by 2013-12-9, effective March 14, 2013 (Royal Assent).

  Section 85.1 BEFORE re-enacted by 2020-4-14, effective March 5, 2020 (Royal Assent).

  Section 85.2 was enacted by 2020-4-15, effective March 5, 2020 (Royal Assent).

  Section 85.3 was enacted by 2020-4-15, effective March 5, 2020 (Royal Assent).

  Section 85.4 was enacted by 2020-4-15, effective March 5, 2020 (Royal Assent).

  Section 86 (1) (a) BEFORE amended by 2002-53-27, effective May 30, 2002 (Royal Assent).

(a) enter into an agreement to purchase managerial or other services with respect to the operation of schools in the district or to purchase educational services that will be under the general supervision of an employee of the board who is a member of the college, and

  Section 86 (1.2) was added by 2006-21-16(a), effective July 1, 2006 (BC Reg 195/2006).

  Section 86 (4) BEFORE amended by 2006-21-16(b), effective July 1, 2006 (BC Reg 195/2006).

(4)  A board may operate a Provincial resource program or a distance education school in accordance with an agreement with the minister.

  Section 86 (5) was added by 2007-29-21, effective July 1, 2007 (BC Reg 229/2007).

  Section 86 (3) BEFORE amended by 2007-40-14, effective May 16, 2008 (BC Reg 103/2008).

(3)  A board may enter into an agreement with respect to the education of Indian children

(a) with a council of a band as defined in the Indian Act (Canada), or

(b) with the council of an Indian band established by another Act of the government of Canada.

  Section 86 (3.01) was added by 2007-40-14, effective May 16, 2008 (BC Reg 103/2008).

  Section 86 (3.3) was added by 2007-36-158, effective April 3, 2009 (BC Reg 55/2009).

  Section 86 (1) (a.1) BEFORE amended by 2011-19-116, effective January 9, 2012 (BC Reg 239/2011).

(a.1) enter into an agreement to purchase educational services that will be under the general supervision of an employee of the board who is a member of the college, and

  Section 86 (3.2) BEFORE repealed by 2014-32-57, effective November 27, 2014 (Royal Assent).

(3.2) In subsection (3.1), "Nisg̱a'a child" and "Nisg̱a'a Lisims Government" have the same meanings as in the Nisg̱a'a Final Agreement as defined in the Nisg̱a'a Final Agreement Act.

  Section 86 (1) (a) BEFORE amended by 2015-24-16(a), effective May 14, 2015 (Royal Assent).

(a) enter into an agreement to purchase or provide managerial, administrative or other services with respect to the operation of schools in a district,

  Section 86 (6) was added by 2015-24-16(b), effective May 14, 2015 (Royal Assent).

  Section 86 (3.1) BEFORE amended by 2010-21-30(a), effective February 1, 2021 (BC Reg 20/2021).

(3.1) With the approval of the minister, a board may enter into an agreement with the Nisg̱a'a Lisims Government with respect to the education of a Nisg̱a'a child.

  Division 2.1, section 87.01 to 87.03 was enacted by 2012-17-8, effective July 1, 2012.

  Section 87.1 was enacted by 2002-53-28, effective May 30, 2002 (Royal Assent).

  Section 87.1 BEFORE re-enacted by 2008-28-155, effective March 31, 2009 (BC Reg 49/2009).

  Section 88 (2) BEFORE amended by 2007-29-22, effective July 1, 2007 (BC Reg 229/2007).

(2)  If a board of school trustees is represented on a union board of health under section 43 (6) of the Health Act, the expenses payable by the school board must be included in the operating expenses of the school board.

  Section 88 (2) BEFORE repealed by 2008-28-156, effective March 31, 2009 (BC Reg 49/2009).

(2)  If a board of education is represented on a union board of health under section 43 (6) of the Health Act, the expenses payable by the board of education must be included in the operating expenses of the board of education.

  Section 89 (1) and (2) BEFORE amended by 2002-53-29, effective May 30, 2002 (Royal Assent).

  Section 89 (1) BEFORE amended by 2008-28-157(a), effective March 31, 2009 (BC Reg 49/2009).

(1)  The minister of health must appoint for each school district a medical health officer under the Health Act as the school medical officer for that school district.

  Section 89 (3) BEFORE amended by 2008-28-157(b), effective March 31, 2009 (BC Reg 49/2009).

(3)  A school medical officer appointed under subsection (1) has the same rights, powers and duties in respect of francophone schools located in the school district as that medical officer has for other schools in that district.

  Section 90 (1) BEFORE amended by 2002-53-29, effective May 30, 2002 (Royal Assent).

  Section 91 (1) and (5) BEFORE amended by 2002-53-30, effective May 30, 2002 (Royal Assent).

  Section 91 (6) BEFORE amended by 2006-21-17, effective July 1, 2006 (BC Reg 195/2006).

(6)  If a student is removed or excluded from school under subsection (3) or (5), the board must continue to make available an educational program for that student.

  Section 91 (5) (b) BEFORE amended by 2011-24-19, effective August 1, 2012 (BC Reg 121/2012).

(b) may exclude the student from school until a certificate is obtained for the student from the school medical officer or a private medical practitioner permitting the student to return to the school.

  Section 92 (2) (b) BEFORE amended by 2002-53-31, effective May 30, 2002 (Royal Assent).

(b) by a qualified person designated by the Minister of Health, and to submit to the school medical officer a certificate signed by the person conducting the examination setting out the person's conclusions regarding the physical, mental and emotional health of the employee or contractor.

  Section 92 (4) (b) BEFORE re-enacted by 2011-19-117(a), effective January 9, 2012 (BC Reg 239/2011).

(b) if the employee is a member of the college, report the circumstances to the college.

  Section 92 (5) BEFORE amended by 2011-19-117(b), effective January 9, 2012 (BC Reg 239/2011).

(5)  An employee who fails to take an examination required under subsection (2) or who is suspended under subsection (4) must not be offered or accept a position with a board or a francophone education authority until the employee submits to the board or francophone education authority a medical certificate satisfactory to the board or francophone education authority or, if the employee is a member of the college, satisfactory to the college.

  Section 92 (6) BEFORE amended by 2011-19-117(c), effective January 9, 2012 (BC Reg 239/2011).

(6)  An employee who is granted a superannuation allowance on medical evidence of total and permanent disability must not be offered or accept a position with a board or a francophone education authority until he or she submits

(a) to the minister, and

(b) if the employee is a member of the college, to the college,

a medical certificate, satisfactory to the minister, that the disability no longer exists.

  Section 94 (1.1) was added by 2001-27-4, effective August 9, 2001 (Royal Assent).

  Section 94 (2) and (4) BEFORE amended by 2001-27-4, effective August 9, 2001 (Royal Assent).

(2)  Subsection (1) does not provide a defence if

(a) the trustee, officer or employee 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.

(4)  Subsections (1) and (3) do not absolve a board from vicarious liability arising out of a tort committed by the trustee, officer or employee of the board, student or volunteer for which the board would have been liable had subsections (1) and (3) not been in force.

  Section 94 (2) (a) BEFORE amended by 2016-5-47,Sch 9, effective March 10, 2016 (Royal Assent)

(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

  Section 95 (1) (b) BEFORE amended by 2007-9-40, effective June 21, 2007 (BC Reg 226/2007).

(b) if an inquiry under Part 2 of the Inquiry Act or other proceeding involves the administration and conduct of the business of the school district

  Section 95 (2) (a) BEFORE amended by 2007-29-23, effective July 1, 2007 (BC Reg 229/2007).

(a) any sum required to indemnify a trustee, an officer or an employee of the board if a prosecution arises out of the performance of his or her school board duties, and

  Section 95 (3) (b) BEFORE amended by 2016-5-48,Sch 10, effective March 10, 2016 (Royal Assent)

(b) against an officer or employee if, in relation to the action that gave rise to the claim for damages against an officer or employee, the officer or employee willfully acted contrary to

(i) the terms of his or her employment, or

(ii) an order of a superior.

  Part 6.1 was enacted by 2002-53-32, effective July 19, 2002 (BC Reg 213/2002).

  Section 95.1 (1) definition of "director" BEFORE amended by 2003-70-247(a), effective March 29, 2004 (BC Reg 64/2004).

"director" has the same meaning as in section 1 (1) of the Company Act;

  Section 95.1 (1) definitions of "incorporation bylaw", "notice of articles" and "registrar" were added by 2003-70-247(b), effective March 29, 2004 (BC Reg 64/2004).

  Section 95.1 (1) definition of "memorandum" BEFORE amended by 2003-70-247(c), effective March 29, 2004 (BC Reg 64/2004).

"memorandum" means the document described in section 95.2 that has been signed in accordance with section 95.21;

  Section 95.1 (1) definitions of "annual reference date" and "annual reference period" were added by 2007-16-5(a), effective July 1, 2007 (BC Reg 194/2007).

  Section 95.1 (1) definition of "diploma" BEFORE repealed by 2007-16-5(b), effective July 1, 2007 (BC Reg 194/2007).

"diploma" means a diploma or certificate that may be provided to a person who has met the general requirements for graduation from an educational program;

  Section 95.1 (2) (a) BEFORE amended by 2007-16-29,Sch, effective July 1, 2007 (BC Reg 194/2007).

(a) to "secretary treasurer" must be read as a reference to "chief financial officer", and

  Section 95.1 (2) (b) BEFORE amended by 2007-16-30,Sch, effective July 1, 2007 (BC Reg 194/2007).

(b) to "trustee" must be read as a reference to "director" as defined in section 166.1.

  Section 95.11 (1) BEFORE amended by 2003-70-248(a), effective March 29, 2004 (BC Reg 64/2004).

(1)  Section 1 of the Company Act, except the definitions of "company", "member" and "memorandum", applies for the purposes of this Part.

  Section 95.11 (2) BEFORE amended by 2003-70-248(b) and (c), effective March 29, 2004 (BC Reg 64/2004).

(2)  For the purposes of this Part, a reference in the Company Act

(a) to a form under the Company Act or set out in the schedules to that Act must be read as a reference to the corresponding form prescribed under this Act or, if none, to the form under that Act with the necessary changes to adapt the form for the purposes of this Act,

(b) to "this Act" must be read as a reference to this Part and the provisions of the Company Act that apply for the purposes of this Part,

(c) to "company" must be read as a reference to "company", as defined in section 95.1 (1),

(d) to "member" must be read as a reference to "member", as defined in section 95.1 (1),

(e) to "memorandum" must be read as a reference to "memorandum", as defined in section 95.1 (1), and

(f) to "minister" must be read as a reference to the minister who is responsible for the administration of this Act.

  Section 95.11 (2) (g), (h) and (i) were added by 2003-70-248(c), effective March 29, 2004 (BC Reg 64/2004).

  Section 95.11 (1) BEFORE amended by 2007-16-6(a), effective July 1, 2007 (BC Reg 194/2007).

(1)  Section 1 of the Business Corporations Act, except the definitions of "company", "incorporation agreement", "memorandum", "shareholder" and "special Act corporation", applies for the purposes of this Part.

  Section 95.11 (2) (b.1) and (b.2) were added by 2007-16-6(b), effective July 1, 2007 (BC Reg 194/2007).

  Section 95.11 (2) (a) BEFORE amended by 2015-24-17, effective May 14, 2015 (Royal Assent).

(a) to a form under the Business Corporations Act or set out in the schedules to that Act must be read as a reference to the corresponding form prescribed under this Act or, if none, to the form under that Act with the necessary changes to adapt the form for the purposes of this Act,

  Section 95.12 BEFORE amended by 2003-70-249, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.12 BEFORE repealed by 2007-16-7, effective July 1, 2007 (BC Reg 194/2007).

  Section 95.2 BEFORE re-enacted by 2003-70-250, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.21 BEFORE re-enacted by 2003-70-250, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.22 BEFORE amended by 2003-70-251, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.23 BEFORE re-enacted by 2003-70-252, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.231 was enacted by 2003-70-252, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.24 (3) was added by 2003-70-253, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.24 (3) BEFORE amended by 2021-3-26, effective March 25, 2021 (Royal Assent).

(3) Subject to section 95.81, a person must not use in British Columbia any name of which "School District" or "Francophone Education Authority" or any abbreviation of them, is part unless the name is in the form required by this section 95.24 and is used by a company the share of which is owned by the board or Francophone Education Authority indicated by the name.

  Section 95.25 BEFORE amended by 2003-70-254, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.27 BEFORE re-enacted by 2003-70-255, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.28 BEFORE repealed by 2007-16-8, effective July 1, 2007 (BC Reg 194/2007).

  Section 95.29 BEFORE re-enacted by 2003-70-256, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.32 BEFORE re-enacted by 2003-70-257, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.34 BEFORE re-enacted by 2003-70-258, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.4 (2.1) was added by 2007-16-9, effective July 1, 2007 (BC Reg 194/2007).

  Section 95.41 BEFORE re-enacted by 2003-70-259, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.41 BEFORE amended by 2007-16-10, effective July 1, 2007 (BC Reg 194/2007).

  Section 95.411 was enacted by 2003-70-259, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.412 was enacted by 2003-70-259, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.413 was enacted by 2003-70-259, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.414 was enacted by 2003-70-259, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.42 to 95.45 were enacted by 2007-16-11, effective July 1, 2007 (BC Reg 194/2007).

  Section 95.5 (1) and (2) BEFORE amended by 2003-70-260, effective March 29, 2004 (BC Reg 64/2004).

(1)  The member of a company may, without charge, examine and take extracts from the records, documents and instruments of the company that are referred to in section 163 (1) of the Company Act, as that section applies to this Part.

(2)  A debentureholder of a company may, without charge, examine and take extracts from the records, documents and instruments of the company that are referred to in section 163 (1) of the Company Act, as that section applies to this Part, except those records, documents and instruments referred to in section 163 (1) (l), (q) and (r) of the Company Act.

  Section 95.52 BEFORE re-enacted by 2003-70-261, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.52 BEFORE amended by 2007-16-12, effective July 1, 2007 (BC Reg 194/2007).

(1)  Sections 42, other than sections 42 (1) (d) and (r) and (2) (e) (ii), 43 to 46, other than section 46 (3) and (8), 48, 49, 50, 196, other than section 196 (4), 199, 201 and 426 (1) (a), (c) and (d) and (3) to (7) and 432 (7) (a) and (c) of the Business Corporations Act apply for the purposes of this Part.

  Section 95.53 was enacted by 2007-16-13, effective July 1, 2007 (BC Reg 194/2007).

  Section 95.61 BEFORE re-enacted by 2003-70-262, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.61 BEFORE amended by 2007-16-14, effective July 1, 2007 (BC Reg 194/2007).

  Sections 95.62 to 95.63 were enacted by 2007-16-15, effective July 1, 2007 (BC Reg 194/2007).

  Section 95.7 (1) BEFORE amended by 2003-70-263(a), effective March 29, 2004 (BC Reg 64/2004).

(1)  With the consent of and subject to any conditions established by the Lieutenant Governor in Council, a company incorporated under this Part may convert itself into a company under the Company Act by a special resolution that

  Section 95.7 (1) (a) BEFORE amended by 2003-71-59, effective March 29, 2004 (BC Reg 64/2004).

(a) alters the form of the constitution of the company by substituting for its memorandum and articles a memorandum and articles that comply with the Company Act,

  Section 95.7 (1) (b) and (c) BEFORE amended by 2003-70-263(b) and (c), effective March 29, 2004 (BC Reg 64/2004).

(b) alters the name of the company to comply with the Company Act, and

(c) authorizes 2 or more directors to execute the memorandum and articles on behalf of the company and to deliver them to the registrar with a copy of the resolution and any other documents relating to the company that the registrar requires.

  Section 95.7 (2) BEFORE amended by 2003-70-263(d), effective March 29, 2004 (BC Reg 64/2004).

(2)  The registrar, on receipt of the resolution and the documents referred to in subsection (1) and the proper fees, must issue a certificate that the company is converted into a company under the Company Act.

  Section 95.7 (3) and (4) BEFORE repealed by 2003-70-263(d), effective March 29, 2004 (BC Reg 64/2004).

(3)  On issuance of the certificate under subsection (2), the substituted memorandum and articles apply to the company in the same manner as if it were a company incorporated under the Company Act with that memorandum and those articles, and the former memorandum and articles of the company cease to apply.

(4)  The registrar must publish in the Gazette a statement of the conversion of the company.

  Section 95.72 BEFORE re-enacted by 2003-70-264, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.73 was enacted by 2003-70-264, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.8 BEFORE re-enacted by 2003-70-265, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.81 BEFORE re-enacted by 2003-70-266, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.82 BEFORE re-enacted by 2003-70-267, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.83 BEFORE re-enacted by 2003-70-267, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.9 (1) and (2) BEFORE amended by 2003-70-268, effective March 29, 2004 (BC Reg 64/2004).

  Section 95.9 (2) and (3) BEFORE repealed by RS1996-412-95.9(3), effective June 30, 2004.

(2)  The Lieutenant Governor in Council, by regulation, may

(a) provide that additional provisions of the Business Corporations Act apply for the purposes of this Part, or

(b) provide that provisions of the Business Corporations Act do not apply for the purposes of this Part.

(3)  Subsection (2) and this subsection are repealed on June 30, 2004.

  Sections 95.9 (1.1) was added by 2007-16-16, effective July 1, 2007 (BC Reg 194/2007).

  Section 95.91 was enacted by 2003-70-269, effective March 29, 2004 (BC Reg 64/2004).

  Section 96 (3) BEFORE amended by 2002-53-33, effective January 17, 2003 (BC Reg 7/2003).

(3)  Subject to the orders of the minister, the board may, with the approval of the minister, dispose of land or improvements, or both.

  Section 96 (2) (c) BEFORE amended by 2022-20-1(a), effective February 13, 2023 (BC Reg 43/2023).

(c) expropriate land or improvements, or both, within its school district.

  Section 96 (2.1) was added by 2022-20-1(b), effective February 13, 2023 (BC Reg 43/2023).

  Section 98 (2) BEFORE amended by 2002-53-34, effective May 30, 2002 (Royal Assent).

(2)  A board, with the minister's prior approval, may enter into an agreement with municipalities or regional districts that are located in or located in part of the school district or with other persons for the purposes of

  Section 98 (3) BEFORE repealed by 2004-17-4, effective April 29, 2004 (Royal Assent).

(3)  If an agreement has been entered into under subsection (2), expenses of the board for the maintenance or operation of the facilities form part of the operating expenses of the board, except that portion of the expenses that apply to community use, which must be accounted for through a trust fund established under section 156 (3).

  Section 98.1 was enacted by 2022-20-2, effective February 13, 2023 (BC Reg 43/2023).

  Section 100 BEFORE amended by 2002-53-35, effective May 30, 2002 (Royal Assent).

  Section 100 (1) definitions of "board's contribution", and "minister's contribution" BEFORE amended by 2004-17-5, effective April 29, 2004 (Royal Assent).

"board's contribution" means the percentage of the capital expense that was a local capital expense or was not paid for by the minister under a former Act;

"minister's contribution" means the percentage of the capital expense that was not a board's contribution.

  Section 100 (1) definition of "capital expense" BEFORE repealed by 2004-17-5, effective April 29, 2004 (Royal Assent).

"capital expense" does not include an annual capital expense;

  Section 100 (1) definition of "capital expenditure" was added by 2004-17-5, effective April 29, 2004 (Royal Assent).

  Section 100 (2) to (5) BEFORE amended by 2004-17-5, effective April 29, 2004 (Royal Assent).

(2)  Subject to subsection (3), if a board receives money in respect of the disposition of any asset that was the subject of a capital expense, the money must be allocated between the board and the minister according to the board's contribution and the minister's contribution to the capital expense.

(3)  The minister may allocate the money between the minister and the board if

(a) the minister is not able to determine the board's contribution or the minister's contribution to the capital expense, or

(b) in the opinion of the minister, the allocation under subsection (2) is not appropriate in the circumstances.

(4)  Money allocated to the minister must be placed in the board's capital reserve.

(5)  Money allocated to the board must be placed in the board's local capital reserve.

  Section 100.1 was enacted by 2003-40-4, effective May 29, 2003 (Royal Assent).

  Section 100.1 BEFORE amended by 2004-17-6, effective April 29, 2004 (Royal Assent).

  Section 101 (1) and (2) BEFORE repealed by 2004-17-7, effective April 29, 2004 (Royal Assent).

(1)  If money is provided to a board by a local government under section 937.9 (1) of the Local Government Act, or money is received as proceeds of a sale of land provided to the school board under section 937.6 or transferred to the board under section 937.9 (2) of that Act, the board must, immediately after receipt of the money, deposit it in a land capital reserve trust fund in the board's name established for that purpose.

(2)  The land capital reserve trust fund established under subsection (1) must be kept separate from the other accounts held in the board's name.

  Section 101 (3) (part) BEFORE amended by 2007-29-24, effective July 1, 2007 (BC Reg 229/2007).

(3)  A board may only use money provided from a local government under section 937.9 (1) of the Local Government Act, or received as proceeds of a sale of land provided to the school board under section 937.6 or transferred to the board under section 937.9 (2) of that Act,

  Section 101 (3) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(3) A board may only use money provided from a local government under section 937.9 (1) of the Local Government Act, or received as proceeds of a sale of land provided to the board under section 937.6 or transferred to the board under section 937.9 (2) of that Act,

(a) for the acquisition of land to meet the board's eligible school site requirements, as defined in section 937.2, of that Act,

(b) to pay administration fees and disbursements authorized by a regulation made under section 937.91 (i) of that Act, and

(c) to pay any disbursements related to the sale, transfer or subdivision of land received under Division 10.1 of Part 26 of that Act.

  Part 7, Division 1.1, sections 101.1 to 101.6, was enacted by 2022-20-3, effective February 13, 2023 (BC Reg 43/2023).

  Section 103 BEFORE repealed by 2004-17-7, effective April 29, 2004 (Royal Assent).

  Section 105 (1) and (4) BEFORE repealed by 2004-17-8, effective April 29, 2004 (Royal Assent).

(1)  If a board provides housing accommodation for employees, the board must

(a) establish a trust account, and

(b) account for expenses and revenue relating to the housing accommodation as specified by the minister.

(4)  A loss arising from the operation of housing accommodation must be included in the estimates under section 111 for the following fiscal year.

  Section 105 (2) BEFORE amended by 2004-17-8, effective April 29, 2004 (Royal Assent).

(2)  The board must determine and set the rent to be charged in respect of each unit of housing accommodation by dividing the total estimated expenses of the housing accommodation, including

(a) amounts payable by the board for interest and principal,

(b) taxes and other levies,

(c) service charges,

(d) repairs and maintenance, and

(e) other operational expenses,

by the number of units of housing accommodation, whether occupied or not.

  Sections 106.1 to 106.4 (Division 1, Part 8) were enacted by 2002-53-36, effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

  Section 106.1 definition of "student" BEFORE amended by 2006-21-18, effective July 1, 2006 (BC Reg 195/2006).

"student" means a person enrolled in an educational program provided by a board to whom instruction in the educational program is required to be provided free of charge under section 82 (1) or (2.1) but does not include a person who is enrolled in a Provincial resource program or a distance education school.

  Section 106.1 (part) BEFORE amended by 2021-3-27, effective March 25, 2021 (Royal Assent).

  Sections 106.2 BEFORE amended by 2007-16-17, effective July 1, 2007 (BC Reg 194/2007).

  Section 107 BEFORE repealed by 2002-53-36, effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

  Section 108 BEFORE repealed by 2002-53-36, effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

  Heading of Division 2 of Part 8 BEFORE amended by 2007-29-25, effective July 1, 2007 (BC Reg 229/2007).

Division 2 — Establishment of School Board Budgets

  Section 110 (3) BEFORE repealed by 2002-53-37, effective July 1, 2002.

(3)  A board must include the estimate provided to it under subsection (2) in

(a) its final budget for the fiscal year adopted under section 113 (1) (a), and

(b) its preliminary budget for the next fiscal year adopted under section 113 (1) (b).

  Section 111 (1) BEFORE amended by 2002-53-38(a), effective July 1, 2002.

(1)  The annual budget of the board of a school district must be in the form specified by the minister and must consist of the following:

(a) detailed estimates of operating expenses of the board for the next fiscal year;

(b) detailed estimates of local capital expenses of the board for the next fiscal year;

(c) detailed estimates of the annual capital expenses for the next fiscal year;

(d) detailed estimates of revenue of the board for the next fiscal year from all sources;

(e) estimates of any surplus operating reserves that the board plans to appropriate for the next fiscal year;

(f) estimates of any operating deficit that the board must fund in the next fiscal year;

(g) estimates of any debt service surplus or deficit projected for this current fiscal year.

  Section 111 (2) and (3) BEFORE amended by 2002-53-38(c) and (d), effective July 1, 2002.

(2)  The estimates included in the annual budget, other than the debt service expense estimate referred to in section 110, must not, subject to subsection (3), exceed,

(a) in the board's preliminary budget adopted for a fiscal year under section 113 (1) (b), the sum of the operating grant to the board for that fiscal year plus local revenues and appropriated operating reserves, or

(b) in the board's final budget for a fiscal year adopted under section 113 (1) (a), the sum of the final allocation to the board for that fiscal year plus local revenues and appropriated operating reserves.

(3)  The estimates included in the annual budget, other than the debt service expense estimate referred to in section 110, may exceed a sum calculated under subsection (2) (a) or (b) if the board has held a referendum under section 112 and the referendum approved the amount in excess of that sum.

  Section 111 (2) (a) BEFORE amended by 2002-53-38(b), effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

(a) in the board's preliminary budget adopted for a fiscal year under section 113 (1) (b), the sum of the preliminary allocation to the board for that fiscal year plus local revenues and appropriated operating reserves, or

  Section 111 BEFORE re-enacted by 2004-17-9, effective February 1, 2004 [retro from April 29, 2004 (Royal Assent)].

  Section 112 (2) BEFORE amended by 2004-17-10, effective February 1, 2004 [retro from April 29, 2004 (Royal Assent)].

(2)  Money raised under subsection (1) may be used by a board to provide new programs, to enhance existing programs for additional activities for students or for local capital project initiatives but must not be used to fund operating deficits referred to in section 111 (1) (f).

  Section 112 (7) BEFORE amended by 2015-24-18, effective May 14, 2015 (Royal Assent).

(7) At least once a week for the 2 weeks immediately before the date for holding the referendum, the board must publish in a newspaper of general circulation in the school district a copy of the referendum ballot and any other prescribed information.

  Section 112.1 was enacted by 2002-53-39, effective July 1, 2002.

  Section 113 BEFORE amended by 2002-53-40, effective July 1, 2002.

  Section 114 BEFORE amended by 2002-53-41, effective July 1, 2002.

  Section 114 BEFORE amended by 2004-17-11, effective April 29, 2004 (Royal Assent).

  Section 114 (3) (a) BEFORE amended by 2016-5-43,Sch 5, effective March 10, 2016 (Royal Assent)

(a) must pay, at a minimum, an installment in each month of the fiscal year to the board of each school district, and

  Section 115 BEFORE amended by 2002-53-42, effective May 30, 2002 (Royal Assent).

  Section 115 (2) BEFORE amended by 2004-17-11, effective April 29, 2004 (Royal Assent).

(2)  If the minister considers that a capital project should include accommodation for a Provincial resource program or any other special program or activity designated by the minister, the minister of finance may pay all or part of the capital cost of that capital project.

  Section 115 (1) BEFORE amended by 2004-17-12, effective April 29, 2004 (Royal Assent).

(1)  On the recommendation of the minister, the minister of finance may pay to a board of a school district in addition to all other grants payable under this Act

  Section 115 (1) (b) BEFORE amended by 2006-21-19, effective July 1, 2006 (BC Reg 195/2006).

(b) a grant for the operation of a Provincial resource program or of a distance education school.

  Section 115.1 was enacted by 2002-53-43, effective January 31, 2002 [retro from May 30, 2002 (Royal Assent)].

  Section 115.1 BEFORE amended by 2004-17-12,13, effective April 29, 2004 (Royal Assent).

  Section 115.2 was enacted by 2012-3-18, effective April 14, 2012.

  Section 115.2 (3) BEFORE amended by 2012-3-19, effective January 30, 2013 (BC Reg 19/13).

(3)  Before making the first grant under subsection (2) in any fiscal year, the minister must notify each board of the amount of the grant the minister estimates will be provided to the board.

  Section 115.2 (4) (a) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent)

(a) total student enrollment in each district;

  Section 115.2 BEFORE repealed by 2020-4-16, effective July 1, 2020.

  Section 116 BEFORE amended by 2002-53-44, effective May 30, 2002 (Royal Assent).

  Section 116 BEFORE amended by 2004-17-11, effective April 29, 2004 (Royal Assent).

  Section 116 BEFORE amended by 2004-17-14, effective April 29, 2004 (Royal Assent).

  Section 117 (1), (2) and (3) BEFORE amended by 2002-53-45, effective July 1, 2002.

(1)  On the recommendation of the Minister of Education, Skills and Training, the Minister of Finance and Corporate Relations may withhold or reduce a grant, other than the portion of a grant for debt service expenses, payable to a board under this Act, if

(a) the duties of the secretary treasurer of the board are not being discharged satisfactorily,

(b) the board has not conducted its affairs in accordance with this Act and the regulations and the orders of the Minister of Education, Skills and Training,

(c) each school building in the school district, together with its equipment, has not been established or maintained to the satisfaction of the Minister of Education, Skills and Training,

(d) the board has not transmitted in a timely fashion or within the time provided by this Act and the regulations or by the orders of the Minister of Education, Skills and Training all reports, statements or returns required by the Minister of Education, Skills and Training,

(e) the operating expenses of a board have been reduced during a strike or lockout as defined in the Labour Relations Code, or

(f) the board has not budgeted, spent or accounted for a targeted, capital or developmental component of an allocation under section 108 (1) or (2) in accordance with the directions provided to it in respect of that component by the minister under section 108.

(2)  Without limiting section 108 (5), the Minister of Education, Skills and Training may order that any debt service expenses incurred by a board as a result of the withholding of a grant under subsection (1) of this section must be paid for from one or more of the board's allocations.

(3)  If a board fails to provide the money necessary to meet the payment of principal or interest on securities issued by it under this Act, or the payments of principal and interest referred to in section 154, the Lieutenant Governor in Council may direct that the amount necessary to meet the payments be deducted from sums due by way of grant under this Act other than the portion of an operating grant for debt service expenses, and may direct that amount to be applied in payment of the principal and interest in the manner the Lieutenant Governor in Council directs.

  Section 117 (1) BEFORE amended by 2004-17-12, effective April 29, 2004 (Royal Assent).

(1)  On the recommendation of the minister, the minister of finance may withhold or reduce a grant payable to a board under this Act, other than a debt service grant, if

  Section 117 (1) (g) was added by 2006-21-20, effective July 1, 2006 (BC Reg 195/2006).

  Section 117.1 was enacted by 2018-4-89, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

  Section 117.1 (1) definition of "agricultural land reserve" was added by 2018-56-51(a), effective February 22, 2019 (BC Reg 30/2019).

  Section 117.1 (1) definition of "dwelling property", paragraph (a) BEFORE amended by 2018-56-51(b), effective February 22, 2019 (BC Reg 30/2019).

(a) land that is outside an agricultural land reserve as defined in section 1 (1) of the Agricultural Land Commission Act and that is determined by the assessor to have no present use;

  Section 118 BEFORE amended by 2002-53-46, effective May 30, 2002 (Royal Assent).

  Section 118 (c) BEFORE amended by 2003-2-41, effective April 4, 2003 (BC Reg 160/2003).

(c) amounts from a public body as defined in the Auditor General Act.

  Section 118 BEFORE amended by 2003-23-78, effective April 10, 2003 (Royal Assent).

  Section 119 (4) BEFORE amended by 2002-19-22, effective April 11, 2002 (Royal Assent).

(4)  The rates to be determined under subsection (3) may be different in respect of each school district.

  Section 119 (1), (2), (6) and (8) BEFORE amended by 2002-53-47, effective May 30, 2002 (Royal Assent).

  Section 119 (2) BEFORE amended by 2003-23-79(a), effective April 10, 2003 (Royal Assent).

(2)  The minister of revenue must determine the total amount to be raised by school taxes under this Act on land and improvements from each class of property in all school districts.

  Section 119 (6) BEFORE amended by 2003-23-79(b), effective April 10, 2003 (Royal Assent).

(6)  On or before May 10 in each year, the minister of revenue must, on the recommendation of the minister, send to the collector in each municipality a notice setting out

  Section 119 (8) BEFORE repealed by 2003-23-79(c), effective April 10, 2003 (Royal Assent).

(8)  On or before May 10 in each year, the minister of revenue must, on the recommendation of the minister, send to the Surveyor of Taxes a notice setting out

(a) the net taxable values of land and improvements in the rural area of each school district,

(b) the amount to be raised by school taxes under this Act in the rural area of each school district, and

(c) the rates determined under subsection (3) that are applicable to the rural area of each school district.

  Section 119 (6) BEFORE amended by 2008-44-9, effective January 1, 2009.

(6)  On or before May 10 in each year, the minister of revenue must send to the collector in each municipality a notice setting out

(a) the net taxable values of land and improvements in the municipality as certified under the Assessment Act,

(b) the amount to be raised by school taxes under this Act in that municipality, and

(c) the rates determined by the Lieutenant Governor in Council under subsection (3).

  Section 119 (6) (b.1) and (b.2) were added by 2008-44-9, effective January 1, 2009.

  Section 119 (6) (b.1) BEFORE amended by 2010-2-97, effective January 1, 2011.

(b.1) the total amount of credits to which owners in that municipality are entitled under section 131.2 [provincial industrial property tax credit],

  Section 119 (1) and (2) BEFORE amended by 2018-4-90(a) and (b), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(1) In order to raise revenue to finance the Provincial funding and the debt service expenses of boards, the Province may levy a school tax equal to the net taxable value of the land and improvements multiplied by the appropriate rate determined under subsection (3).

(2) The minister of finance must determine the total amount to be raised by school taxes under this Act on land and improvements from each class of property in all school districts.

  Section 119 (5), (6) and (7) BEFORE repealed by 2018-4-90(c), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(5) The net taxable value of land and improvements must be determined under the Assessment Act and this Act.

(6) On or before May 10 in each year, the minister of revenue must send to the collector in each municipality a notice setting out

(a) the net taxable values of land and improvements in the municipality as certified under the Assessment Act,

(b) the amount to be raised by school taxes under this Act in that municipality,

(b.1) the total amount of credits to which owners in that municipality are entitled under sections 131.2 [provincial industrial property tax credit] and 131.3 [provincial farm land tax credit],

(b.2) the net amount to be raised by school taxes under this Act in that municipality after the deduction of the amount referred to in paragraph (b.1), and

(c) the rates determined by the Lieutenant Governor in Council under subsection (3).

(7) If a municipality is contained within the boundaries of more than one school district, the notice under subsection (6) must set out, for each part of the municipality, the net taxable values, the amount to be raised and the rates that are applicable to each school district within which that part of the municipality is contained.

  Section 119 (9) and (10) were added by 2018-4-90(d), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

  Section 120 BEFORE repealed by 2018-4-91, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

  Section 120.1 was enacted by 2018-4-92, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

  Section 120.2 was enacted by 2018-4-92, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

  Section 120.3 was enacted by 2018-4-92, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

  Section 121 BEFORE amended by 2002-53-48, effective May 30, 2002 (Royal Assent).

  Section 121 BEFORE re-enacted by 2003-52-486, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 121 BEFORE amended by 2004-17-15, effective April 29, 2004 (Royal Assent).

  Section 124 BEFORE amended by 2002-53-49, effective May 30, 2002 (Royal Assent).

  Section 124 (10) BEFORE amended by 2003-23-80, effective April 10, 2003 (Royal Assent).

(10)  Subject to section 125 (5), a municipality may deduct, in the manner and at the times directed by the minister of revenue, from school taxes payable under this section for the current taxation year or a subsequent taxation year a prescribed administration fee.

  Section 124 (2) to (4) BEFORE amended by 2004-17-16, effective April 29, 2004 (Royal Assent).

(2)  In each taxation year, each municipality collecting taxes on behalf of the government under this Act must pay to the minister of revenue

(a) installments as prescribed in the regulations, and

(b) subject to subsections (6), (7) and (9), on the fifth business day after the calendar year end of each year the balance of all taxes imposed under this Act, whether or not they have been collected.

(3)  Despite subsection (2) (b), a municipality may, on the fifth business day after the calendar year end of each taxation year and on the last day of each succeeding month until all school taxes imposed under this Act for that taxation year have been collected, pay to the minister of revenue the amount of school taxes that it collects by each of those dates.

(4)  If a municipality elects to comply with subsection (3) instead of subsection (2) (b), it must, in addition to the school taxes it pays to the minister of revenue, pay to the minister of revenue all penalties and interest that it collects in respect of those taxes.

  Section 124 (2) (a) BEFORE amended by 2015-24-19, effective May 14, 2015 (Royal Assent).

(a) installments as prescribed in the regulations, and

  Section 124 (10) BEFORE amended by 2015-24-19, effective May 14, 2015 (Royal Assent).

(10) Subject to sections 118 (3) and 125 (5), a municipality may deduct, in the manner and at the times directed by the minister of revenue, from school taxes payable under this section for the current taxation year or a subsequent taxation year a prescribed administration fee.

  Section 124 (2) (a) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent)

(a) installments prescribed by regulation of the Lieutenant Governor in Council, and

  Section 124 (5) and (9) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent)

(5) A regulation under subsection (2) (a) may prescribe the amounts, the manner and the times at which installments are to be paid by a municipality, and the amounts, manner and times may be different for each municipality collecting school taxes under this Act.

(9) A municipality may deduct, in the manner and at the times prescribed in the regulations, from installments of taxes payable under subsection (2) the amount of home owner grants certified under section 12 (1) of the Home Owner Grant Act.

  Section 124 (1), (2), (3), (9) and (11) BEFORE amended by 2018-4-93, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(1) In this section, "school taxes" does not include any penalty or interest that has been charged on the school taxes.

(2) In each taxation year, each municipality collecting taxes on behalf of the government under this Act must pay to the minister of finance

(a) instalments prescribed by regulation of the Lieutenant Governor in Council, and

(b) subject to subsections (6), (7) and (9), on the fifth business day after the calendar year end of each year the balance of all taxes imposed under this Act, whether or not they have been collected.

(3) Despite subsection (2) (b), a municipality may, on the fifth business day after the calendar year end of each taxation year and on the last day of each succeeding month until all school taxes imposed under this Act for that taxation year have been collected, pay to the minister of finance the amount of school taxes that it collects by each of those dates.

(9) A municipality may deduct, in the manner and at the times prescribed in the regulations, from instalments of taxes payable under subsection (2) the amount of home owner grants certified under section 12 (1) of the Home Owner Grant Act.

(11) The prescribed fee referred to in subsection (10) may be different with respect to different classes of property.

  Section 124 (12) was added by 2018-4-93(f), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

  Section 124 (9) BEFORE amended by 2021-4-55, effective July 15, 2021 (BC Reg 197/2021).

(9) In the manner and at the times prescribed by the Lieutenant Governor in Council, a municipality may deduct the amount of home owner grants certified under section 12 (1) [certification and payments to municipalities] of the Home Owner Grant Act from instalments of general school taxes payable under subsection (2) of this section.

  Section 125 BEFORE amended by 2002-53-49, effective May 30, 2002 (Royal Assent).

  Section 125 (1) BEFORE amended by 2003-23-81(a), effective April 10, 2003 (Royal Assent).

(1)  In this section, "unpaid taxes" means any school taxes, penalties and interest that a municipality is required to pay to the minister of revenue under section 124 that have not been paid as required by this Act or by the regulations.

  Section 125 (3) BEFORE amended by 2003-23-81(b), effective April 10, 2003 (Royal Assent).

(3)  Interest payable under subsection (2) must be calculated at the rate prescribed by the Lieutenant Governor in Council and must be payable on each amount of school taxes, penalties or interest included in the unpaid taxes from the date on which the amount was to be paid to the minister of revenue under this Act or the regulations to the date that the amount is received by the minister of revenue.

  Section 125 (4) (d) BEFORE amended by 2003-23-81(c), effective April 10, 2003 (Royal Assent).

(d) the powers of the minister of revenue under subsection (5) if that payment is not made as required.

  Section 125 (5) BEFORE amended by 2003-23-81(c), effective April 10, 2003 (Royal Assent).

(5)  If a municipality to which a notice is sent under subsection (4) does not pay the unpaid taxes and the interest referred to in the notice by the date required in the notice, the minister of revenue may disallow all or part of the administration fee to which the municipality would otherwise be entitled under section 124 (10).

  Section 125 (1) to (3) BEFORE amended by 2004-17-16, effective April 29, 2004 (Royal Assent).

(1)  In this section, "unpaid taxes" means any grants in place of taxes that a municipality is required to pay to the minister of finance under section 118 and any school taxes, penalties and interest that a municipality is required to pay to the minister of revenue under section 124 that have not been paid as required by this Act or by the regulations.

(2)  A municipality must pay interest on its unpaid taxes to the minister of revenue.

(3)  Interest payable under subsection (2) must be calculated at the rate prescribed by the Lieutenant Governor in Council and must be payable on each amount of school taxes, penalties, interest or grants in place of taxes included in the unpaid taxes from the date on which the amount was to be paid to the minister of revenue under this Act or the regulations to the date that the amount is received by the minister of revenue.

  Section 125 (3) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(3)  Interest payable under subsection (2) must be calculated at the rate prescribed by the Lieutenant Governor in Council and must be payable on each amount of school taxes, penalties, interest or grants in place of taxes included in the unpaid taxes from the date on which the amount was to be paid to the minister of finance under this Act or the regulations to the date that the amount is received by the minister of finance.

  Section 127 (1) BEFORE amended by 2003-52-487, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(1)  Subject to this Act and the Assessment Act, the Local Government Act and the Vancouver Charter apply to the assessment, levy, collection and recovery of taxes imposed under this Act in a municipality within a school district, and to the addition of penalties and interest on taxes that are in arrears or are delinquent, in the same manner as taxes imposed under those Acts.

  Section 127 (2) BEFORE amended by 2018-4-94, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(2) All school taxes when levied must, on collection by a municipality, be accounted for as school taxes.

  Section 128 (3) BEFORE amended by 2003-52-488, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  The notice under subsection (2) forms part of the taxation notices under the Local Government Act, the Vancouver Charter or the Taxation (Rural Area) Act, as the case may be, and separate notices must not be prepared and rendered solely in respect of taxes for school purposes.

  Section 128 (4) (b) BEFORE amended by 2008-44-10, effective January 1, 2009.

(b) the net amount of school taxes payable by the assessed owner after deduction of any grant to which the assessed owner may be eligible under the Home Owner Grant Act, and

  Section 128 (4) (a.1) was added by 2008-44-10, effective January 1, 2009.

  Section 128 (4) (a.2) was added by 2010-2-98(a), effective January 1, 2011.

  Section 128 (4) (b) (ii) BEFORE amended by 2010-2-98(b), effective January 1, 2011.

(ii)  the amount of the credit referred to in paragraph (a.1) of this subsection, and

  Section 128 (5.1) was added by 2013-4-17, effective March 14, 2013 (Royal Assent).

  Section 128 (5) (b) BEFORE amended by 2015-24-20, effective May 14, 2015 (Royal Assent).

(b) provide the information required to be contained in a taxation notice in a form other than the prescribed form, including provision by means of electronic information storage and electronic data transmission.

  Section 128 (4) (a) and (b) BEFORE amended by 2018-4-95(a), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(a) the total amount of school taxes levied on each property by the Province,

(b) the net amount of school taxes payable by the assessed owner after deduction of

(i) any grant to which the assessed owner may be eligible under the Home Owner Grant Act, or

(ii) the amounts of the credits referred to in paragraphs (a.1) and (a.2) of this subsection, and

  Section 128 (4) (b.1) was added by 2018-4-95(b), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

  Section 129 (2) (f) BEFORE amended by 2003-52-489(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(f) exempted from tax by a bylaw under section 341 of the Local Government Act by the council of the municipality in which the property is located.

  Section 129 (4) BEFORE amended by 2003-52-489(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(4)  Nothing in subsection (2) exempts a property referred to in that subsection from a fee or charge under the Local Government Act.

  Section 129 (7) BEFORE amended by 2003-52-489(c), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(7)  If property that is not exempted from taxation under section 341 of the Local Government Act is leased to a board and used in whole or in part for a school, including any purpose ancillary to the operation of the school, any taxes payable in respect of that property must be paid by the owner of the property and the board is not liable for the payment of any of those taxes.

  Section 129 (8) BEFORE amended by 2003-52-489(d), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(8)  Subsection (7) does not apply to fees and charges under the Local Government Act.

  Section 129 (1) BEFORE repealed by 2018-4-96, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(1) In this section, "property" means property as defined in the Assessment Act.

  Section 130 (1) (b) BEFORE amended by 2002-36-88, effective November 1, 2002 (BC Reg 171/2002).

(b) the parcel of land is in an agricultural land reserve that is established under the Agricultural Land Reserve Act, is subject to sections 17 to 20 of that Act and is used in one or more of the ways set out in subsection (2) of this section.

  Section 130 (2) (c) BEFORE amended by 2011-9-25(a), effective June 2, 2011 (Royal Assent).

(c) used for a purpose that is permitted by the Lieutenant Governor in Council under this Act.

  Section 130 (4) was added by 2011-9-25(b), effective June 2, 2011 (Royal Assent).

  Section 130 (1) (a) BEFORE amended by 2018-4-97(a), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(a) the parcel of land is classified as a farm under the Assessment Act, or

  Section 130 (4) (a) BEFORE amended by 2018-4-97(b), effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(a) is classified in a property class, as defined in section 120 (1), that is prescribed by the Lieutenant Governor in Council for the purposes of this section, or

  Section 130 (1) (b) BEFORE amended by 2018-56-52, effective February 22, 2019 (BC Reg 30/2019).

(b) the parcel of land is in an agricultural land reserve that is established under the Agricultural Land Commission Act, is subject to sections 18 to 20 and 28 of that Act and is used in one or more of the ways set out in subsection (2) of this section.

  Section 131 (1) BEFORE amended by 2003-52-490(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(1)  Subject to this Act, property that is in a municipal area of a school district and that is exempt from property taxation under the Local Government Act or the Vancouver Charter, as the case may be, is also exempt from taxation under this Act.

  Section 131 (5) BEFORE amended by 2003-52-490(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(5)  Despite subsection (1), property that is exempted under section 344.1 or 812 of the Local Government Act in relation to a partnering agreement under that Act is not exempt from taxation under this Act unless exempted under subsection (6) or (8) of this section.

  Section 131 (7) (a) and (b) BEFORE amended by 2003-52-490(c), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) provide an exemption for all or part of the property that is exempted under the Local Government Act,

(b) provide an exemption for all or part of the term of the exemption under the Local Government Act, and

  Section 131 (8) BEFORE amended by 2003-52-490(d), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(8)  The Lieutenant Governor in Council may, by order in relation to property referred to in subsection (5) that is specified in the order, exempt all or part of the property from taxation under this Act and may provide the exemption for all or part of the term of the exemption under the Local Government Act.

  Section 131 (9) was added by 2003-52-490(e), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

  Section 131 (5) (c) BEFORE amended by 2004-51-46, effective July 4, 2004 [coming into force of 2004-35 (Cremation, Interment and Funeral Services Act)].

(c) a cemetery,

  Section 131 (9) BEFORE amended by 2008-5-93, effective May 31, 2007 [retro from March 31, 2008 (Royal Assent)].

(9)  Despite subsection (1), property that is exempted under section 226 [revitalization tax exemptions] of the Community Charter is not exempted from taxation under this Act.

  Section 131 (3) BEFORE amended by 2012-8-83, effective May 14, 2012 (Royal Assent).

(3)  Subject to subsection (4), if property in a rural area of a school district is exempt from taxation under the Taxation (Rural Area) Act, the property is also exempt from taxation under this Act.

  Section 131 (4) (a) and (b) BEFORE amended by 2012-2-14, effective September 1, 2012 (BC Reg 138/2012)

(a) a farmer's dwelling referred to in section 15 (1) (f) of the Taxation (Rural Area) Act;

(b) farm improvements, other than the farmer's dwelling, that are exclusively used to operate a farm but only to the extent that the aggregate of their assessed values exceeds $50 000.

  Section 131 (5) (part) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(5) Despite subsection (1), property that is exempted under section 225 [partnering and other exemptions] of the Community Charter or section 812 [tax exemptions under a partnering agreement] of the Local Government Act in relation to

  Section 131 (9) (part) BEFORE amended by 2018-4-98, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(9) Despite subsection (1), property that is exempted under

  Section 131.01 was enacted by 2018-4-99, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

  Section 131.1 was enacted by 2005-16-36, effective March 3, 2005 (Royal Assent).

  Section 131.2 was enacted by 2008-44-11, effective January 1, 2009.

  Section 131.2 (2) BEFORE amended by 2010-2-99(a), effective January 1, 2011.

(2)  For the 2009 and subsequent taxation years, an owner of class 4 property or class 5 property is entitled to a credit equal to 50% of the school taxes levied in the taxation year on the class 4 property or class 5 property.

  Section 131.2 (2.1) was added by 2010-2-99(b), effective January 1, 2011.

  Section 131.2 (3) BEFORE amended by 2010-2-99(c), effective January 1, 2011.

(3)  For the purpose of calculating the school taxes payable under this Act by an owner entitled to a credit under subsection (2), the collector for the municipality or the Surveyor of Taxes must deduct the amount of the credit from the school taxes otherwise payable under this Act by the owner.

  Section 131.2 (2.1) and (3) BEFORE amended by 2014-4-108(a) and (c), effective March 24, 2014.

(2.1) For the 2011 and subsequent taxation years, an owner of class 4 property or class 5 property is entitled to a credit equal to 60% of the school taxes levied in the taxation year on the class 4 property or class 5 property.

(3) For the purpose of calculating the school taxes payable under this Act by an owner entitled to a credit under subsection (2) or (2.1), the collector for the municipality or the Surveyor of Taxes must deduct the amount of the credit from the school taxes otherwise payable under this Act by the owner.

  Section 131.2 (2.2) was added by 2014-4-108(b), effective March 24, 2014.

  Section 131.2 (2.2) BEFORE amended by 2022-11-103, effective June 2, 2022 (Royal Assent).

(2.2) For the 2014 and subsequent taxation years, an owner of class 4 property is entitled to a credit equal to 60% of the school taxes levied in the taxation year on the class 4 property.

  Section 131.3 was enacted by 2010-2-100, effective January 1, 2011.

  Section 131.3 (1) BEFORE repealed by 2018-4-100, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].

(1) In this section, "class 9 property" means land that is assessed as property in the class 9 property class under the Assessment Act.

  Section 136 (2) BEFORE amended by 2002-53-51, effective May 30, 2002 (Royal Assent).

(2)  The yearly amount of money necessary to provide principal repayments and interest payments on debt incurred as determined by the Minister of Finance and Corporate Relations must be assessed, levied and collected in respect of the property in the rural area formerly comprised in that school district, and all money so collected must be applied by the Minister of Finance and Corporate Relations to principal repayments and interest payments on debt incurred to the persons entitled to it.

  Section 137 (2) and (4) BEFORE amended by 2002-53-51, effective May 30, 2002 (Royal Assent).

(2)  The amounts of school referendum taxes levied by the board and requisitioned in the bylaw adopted under section 113 in respect of each constituent part of the school district are deemed to have been requisitioned on and from January 1 of the calendar year for which the requisition is made, and the amounts must be paid to the board by the municipality or municipalities or, in the case of rural areas, by the Minister of Finance and Corporate Relations, on or before September 1 of that year.

(4)  The Minister of Finance and Corporate Relations must pay amounts required with respect to a rural area under subsection (2) out of the consolidated revenue fund, and the school referendum taxes collected under this Act in respect of the rural area must be paid into the consolidated revenue fund.

  Section 137 (6) BEFORE amended by 2008-44-12, effective January 1, 2009.

(6)  Sections 119 to 136 other than section 124 (10) apply to the assessment, levy, collection, recovery and payment of school referendum taxes levied by a board.

  Section 137 (6) BEFORE amended by 2010-2-101, effective January 1, 2011.

(6)  Sections 119 to 136, other than sections 124 (10) and 131.2, apply to the assessment, levy, collection, recovery and payment of school referendum taxes levied by a board.

  Section 138 (1) (a) BEFORE repealed by 2002-53-52, effective May 30, 2002 (Royal Assent).

(a) varying the dates or times referred to in sections 107 (2) and (3), 110, 112, 113, 119 (3), (6) and (8) and 137,

  Section 138 (1) (e) BEFORE amended by 2002-53-52, effective May 30, 2002 (Royal Assent).

(e) providing for the manner of accounting for amounts payable by municipalities to the Minister of Finance and Corporate Relations under this Act.

  Section 138 (2) BEFORE repealed by 2002-53-52, effective May 30, 2002 (Royal Assent).

(2)  A regulation made under subsection (1) (a)

(a) may vary the dates or times referred to in the sections listed in that subsection as those sections apply to francophone education authorities or for the purposes of Part 8.1, and

(b) may be made after the expiry of the date or time being varied.

  Section 138 (1) (e) BEFORE amended by 2004-17-16, effective April 29, 2004 (Royal Assent).

(e) providing for the manner of accounting for amounts payable by municipalities to the minister of revenue under this Act.

  Section 138 (1) (d) BEFORE amended by 2014-19-107, effective May 29, 2014 (Royal Assent).

(d) governing the conducting of a vote under section 112 including, without limiting this, making Part 4 of the Local Government Act and, in the case of School District No. 39 (Vancouver), Part II of the Vancouver Charter apply to the extent the Lieutenant Governor in Council considers necessary, and

  Section 139 (3) BEFORE amended by 2002-53-53, effective July 1, 2002.

(3)  The board must pay out of the amounts of the preliminary Provincial funds and final Provincial funds that are allocated to the board in a fiscal year, any interest charges that are payable in that fiscal year as the result of borrowings under subsection (1).

  Section 140 BEFORE amended by 2004-17-14, effective April 29, 2004 (Royal Assent).

  Section 141 BEFORE amended by 2002-53-54, effective May 30, 2002 (Royal Assent).

  Section 141 (1) (b) (ii) BEFORE amended by 2004-17-17, effective April 29, 2004 (Royal Assent).

(ii)  for an annual capital project, and

  Section 142 (3) (c) (i) BEFORE amended by 2002-53-55, effective May 30, 2002 (Royal Assent).

(i)  local capital projects, and

  Section 142 (3) (c) (ii) BEFORE amended by 2004-17-18, effective April 29, 2004 (Royal Assent).

(ii)  annual capital projects

  Section 143 (2) (b) BEFORE amended by 2015-24-21, effective May 14, 2015 (Royal Assent).

(b) must include provisions that the minister considers necessary or that are prescribed by the regulations,

  Section 144 (1), (5) and (6) BEFORE amended by 2004-17-19, effective April 29, 2004 (Royal Assent).

(1)  A board must not borrow or spend money in respect of a capital plan expense unless

(5)  Despite subsection (1), a board may borrow or spend money in respect of a capital expense if

(a) the borrowing and expenditure is required because of an emergency, and

(b) the minister approves

(i)  the capital project for which the capital expense is to be incurred, and

(ii)  all borrowings and expenditures for that capital project.

(6)  A board must not borrow money in respect of a local capital expense or an annual capital expense unless the minister has in writing authorized the borrowing.

  Section 145 (2) and (4) BEFORE amended by 2002-53-56, effective May 30, 2002 (Royal Assent).

(2)  If a bylaw authorizes the issue of sinking fund debentures under subsection (1),

(a) the board must set aside in each fiscal year during the term of the debentures, a sum that, together with interest compounded annually on it at a rate determined by the Minister of Finance and Corporate Relations, would be sufficient to provide a sinking fund for

(i)  the full repayment of the debentures at their maturity, or

(ii)  with the approval of the Minister of Finance and Corporate Relations, the partial repayment of the debentures at their maturity, and

(b) the amount of interest payable in each fiscal year and the amount to be set aside in each fiscal year for the sinking fund must be set out in the bylaw.

(4)  The amount to be set aside in each fiscal year for the sinking fund must be paid on or before the date specified in the bylaw to the Minister of Finance and Corporate Relations, who must

  Section 145 (3) BEFORE amended by 2016-5-43,Sch 5, effective March 10, 2016 (Royal Assent)

(3) For the purposes of this Act, the amount to be set aside for the sinking fund in any fiscal year is deemed to be an amount or installment of principal falling due or becoming payable in the fiscal year, and this Act must be construed accordingly.