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This Act is current to June 11, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

School Act

[RSBC 1996] CHAPTER 412

Part 1 — Interpretation
1Definitions and interpretation
Part 2 — Students and Parents
Division 1 — Students
2Access to educational program
3Entry to educational program
3.1Enrolment — online learning
5Language of instruction
6Duties of students
Division 2 — Parents
7Parents' entitlements and responsibilities
7.1Parent volunteers
8Parents' advisory council
8.3School plan
8.4District parents' advisory council
8.5Purpose and operation of district parents' advisory council
Division 3 — Joint Rights and Duties
9Examination of student records
10Liability for damage to property
11.1Appeal to superintendent of appeals
11.2Superintendent of appeals
11.3Board decision may be suspended
11.4Adjudication of appeals
11.5Reconsideration by board
11.6Decision final
11.7Application of the Administrative Tribunals Act
11.8Immunity protection for superintendent of appeals, mediator or adjudicator
Division 4 — Home Education
12Home education
14Power to report
Part 3 — School Personnel
Division 1 — General
16Report of dismissal, suspension and discipline regarding authorized persons
16.1Report of dismissal, suspension and discipline regarding superintendents
17Teachers' responsibilities
18Teachers' assistants
19Employee  qualifications
20Principal, vice principal and director of instruction
21Offer of teaching position and seniority
22Superintendent of schools
23Secretary treasurer
24Notification of appointment
25Act prevails
26Powers to suspend
26.1Board use of volunteers
Division 2 — Teachers' Collective Agreements
27Terms and conditions of teachers' employment and restricted scope of bargaining
28Scope of bargaining
29Application of the Labour Relations Code
Part 4 — School Trustees
Division 1 — Establishment of Boards of Education
30Composition of board
31First members of board
Division 2 — Trustee Qualifications
32Who may hold office
34Disqualification of board employees
Division 3 — Elections
35General school election
37Responsibility for conducting elections
38Costs of trustee election conducted by municipality
Division 4 — Electors
39Who may vote at an election
40Resident electors
41Non-resident property electors
42Rules for determining residence
43Registration as an elector
Division 5 — Election Proceedings
45Elections conducted by board
46Elections conducted by municipality
46.1Candidate endorsement by elector organization
47Counting of the vote
48Election offences
Division 6 — Holding Office
49General term of office
50Oath of office
51Resignation from office
52Trustee disqualification from holding office
53Removal of trustee following conviction for offence
54Questions as to trustee qualifications
Part 5 — Conflict of Interest
56Indirect pecuniary interest
57Deemed pecuniary interest
58Duty of trustee
60Record of disclosure
61Remedy for lack of quorum
62Application to court
64Proceedings voidable
Part 6 — Boards of Education
Division 1 — Corporate Status and Meetings
65Board is a corporation
67Meetings and chair
68Passage of bylaws
69Attendance of public and secretary treasurer at meeting
70Improper conduct at meetings
71Remuneration and expense allowance
Division 2 — Powers and Duties
73Establishment and closure of schools
74Management of schools and property
74.01Video surveillance cameras
74.1Enrolment in an educational program
74.2First nation schools of choice
75Provision of educational program
75.1Catchment areas
76.1Class size
76.8Authority of vice principal under section 76.1
79Student records
79.1Transmitting records
82Fees and deposits
82.1Specialty academies
82.2Trades programs
82.3Musical instruments
82.31International Baccalaureate
82.4Requirement for financial hardship policy
83Financial assistance
85Power and capacity
85.1Policies respecting child care programs
85.2Boards may provide child care programs
85.3Child care programs provided by others
85.4Use of board property for child care programs
86.1Model local education agreement
86.2First nation and board model agreement as contract
86.3Treaty first nation and board model agreement as contract
86.4Nisg̱a'a Nation and board model agreement as contract
86.5Conditions required for model agreement
86.6Amendments to model agreement
87Training of student teachers
Division 2.01Indigenous Education Councils
87.001Purposes of Indigenous education councils
87.002Approval of targeted grants — plans, spending and reporting
87.003Minister may order board to consult with Indigenous education councils
87.004Ministerial orders in relation to Indigenous education councils
87.005Indigenous education councils establish governance rules
Division 2.1 — School Calendars
87.01School calendar
87.02School calendar — amendment
87.03Requirement to comply with school calendar
Division 3 — Health and Other Support Services
87.1Definitions for this Division
88Support services for schools
89School medical officer
90Inspection and closure of school
91Examinations and reports by school medical officer
92Board may require employee to undergo examination
Division 4 — Limitation of Actions and Indemnification
94Actions against board
95Indemnification against proceedings
Part 6.1 — Companies
Division 1 — Interpretation
95.11Definitions — application of Business Corporations Act
Division 2 — Incorporation
95.2Formation of company
95.21Formation of companies — signature on articles
95.22Effect of incorporation
95.23Formation of companies — application of the Business Corporations Act
95.231Company without a member
95.24Corporate name
95.25Share capital
95.26Member of one company
95.27Capacity and powers — application of the Business Corporations Act
95.29Company offices — application of the Business Corporations Act
Division 3 — Finance
95.3Share transfer
95.31Guarantees and indemnities
95.32Shares and liabilities of members — application of the Business Corporations Act
95.33Loans and transfers to a company
95.34Borrowings — application of the Business Corporations Act
Division 4 — Management
95.4Number of directors
95.41Management — application of the Business Corporations Act
95.411Residence of majority of directors
95.412Financial assistance restricted
95.413When loans and guarantees prohibited
95.414Contract enforceable
95.42Annual general meetings
95.43Attendance of public and secretary treasurer at meetings
95.44Improper conduct at meetings
95.45Minutes of proceedings
Division 5 — Records
95.5Examination of records
95.51Inspection of accounting records
95.52Records — application of the Business Corporations Act
95.53Annual report
Division 6 — Audits
95.6Audit committee
95.61Audits — application of the Business Corporations Act
95.62Appointment of auditors
95.63Duties and rights of auditor
Division 7 — Company Alterations
95.7Conversion of a company
95.71Liabilities unaffected by conversion
95.72Company alterations — application of the Business Corporations Act
95.73Special resolution must be approved by bylaw
Division 8 — Proceedings, Dissolution and Restoration and Administration
95.8Proceedings — application of the Business Corporations Act
95.81Member of more than one company
95.82Dissolution and restoration — application of the Business Corporations Act
95.83Administration — application of the Business Corporations Act
Division 9 — Regulations
95.9Regulations — application of Business Corporations Act
Part 7 — School Property
Division 1 — Acquisition and Disposal of Land and Improvements
96Acquisition and disposal of land
97Assets in board's name
98.1Reports to minister
99Grants of Crown land
100Disposition of proceeds on alienation
100.1Disposition of proceeds from a lease
101School sites under the Local Government Act
Division 1.1 — Transfer of Land to Francophone Education Authority
101.2Minister may designate land for transfer
101.3Registrar must make notation against title
101.4No disposition of interest in designated land without minister's consent
101.5Transfer of title
Division 2 — School District Housing
102Authority to provide housing
106Application of Division
Part 8 — Finance
Division 1 — Provincial Funding
106.2Provincial funding for boards
106.3Operating grants to boards
106.4Targeted grant
Division 2 — Establishment of Board Budgets
110Financial information
111Preparation of annual budget
112.1Referendum bylaw
113Adoption of budget
Division 3 — Grants
114Payment of grants
115Special purpose grants
115.1Annual facility grant
116Support of Provincial schools
117Conditions of grant payment
Division 4 — Taxation
117.1Definitions for this Division
118Grants in place of taxes
119General school tax
120.1Additional school tax
120.2Determining net taxable value
120.3Notice to municipal collector
122Liability for taxation
123Application of other Acts for rural areas
124Collection of school taxes by municipality
125Interest on unpaid taxes
127Application of other Acts for municipalities
128General provisions on collection of school taxes
129Taxation of school property
130Agricultural land reserve exemption
131Other exemptions
131.01Revitalization school tax exemption
131.1School tax exemptions and refunds for approved and eligible alternative energy power projects
131.2Provincial industrial property tax credit
131.3Provincial farm land tax credit
133Assessor may require information in rural area
134Collector to apply Taxation (Rural Area) Act
136Assessment to repay borrowed money
137School referendum taxes
Division 5 — General
139Short term borrowing
140First charges
Division 6 — Capital Plans and Money Bylaws
141Capital projects
142Capital plan
143Capital bylaws
144Borrowing for capital expenditures
145Sinking fund debentures
146Issue of debentures to certain special purchasers
Division 7 — Debentures
147Issue of debentures
148Signature and corporate seal
149Debentures guaranteed
150Registration of debentures and transfers
151Validity of debentures
152Issue of duplicate debenture
153Provincial repayments to board
154Repayment of debentures
Division 8 — Accounts and Audits
156Accounting practices
157Financial statements
157.1Financial information
158Appointment of auditor
159Rescission of auditor's appointment
160Minister may remove auditor
161Duties of auditor
162Auditor to report irregularities
163Unauthorized expenditures
164Duty to assist auditor
165Auditor's power to obtain records
166Elector may object
Part 8.1 — Francophone Education Authorities
Division 1 — Interpretation
Division 2 — Establishment and Membership
166.12Establishment of francophone education authorities
166.13Membership in a francophone education authority
166.14Members' right to vote
Division 3 — Regional Trustees
166.17Appointment of first regional trustees
166.18General election of regional trustees
166.19Oath of office
166.2Vacancy in office of regional trustee
166.21Powers, functions and duties of board of regional trustees
166.22Meetings of the board of regional trustees
166.23Conflict of interest
Division 4 — Francophone Educational Programs
166.24Enrolment in a francophone educational program
166.241Priority of enrolment
166.25Provision of francophone educational programs
166.251Francophone catchment areas
166.26Rights and duties of enrolled children and their parents
Division 5 — Personnel
166.27Directeur général and secrétaire trésorier
166.28Francophone school personnel
Division 6 — School Property
166.29Acquisition and disposal of land and improvements
166.3Housing accommodation
Division 7 — Finance
166.31Establishment of budgets for francophone education authorities
166.33Taxation of francophone school property
166.34Short term borrowing and first charges
166.35Capital plans and money bylaws
166.37Accounts and audits
166.38Member may object
166.39Right of action preserved
Division 8 — General
166.4Additional powers and duties of a francophone education authority
166.41Health and other support services
166.42Limitation of actions against francophone education authority
166.43Indemnification against proceedings
166.431Appointment of special advisor or special advisory committee to francophone school district
166.432Powers of special advisor and special advisory committee to francophone school district
166.433Responsibility of francophone education authority
166.44Appointment of official trustee
166.45Powers of official trustee
166.451School calendars
166.452Reimbursement of expenses for designated educational activities
166.453Annual practice fee
166.46Maintenance of order
166.47Administrative directives
Part 9 — General
Division 1 — Ministry of Education and Child Care
167Ministry of Education and Child Care
168Jurisdiction of minister
168.001Orders respecting child care programs
168.01Minister's regulations — class size and composition
168.02Minister's regulations — school calendars
168.021Minister's regulations — compensation for transfer of land
168.03Administrative directives
168.04Administrative directives — projects
168.1Reimbursement of expenses for designated educational activities
168.2Annual practice fee
169Annual report and ministerial statement
Division 1.1 — Personal Education Numbers and Personal Information
170Student personal information
170.1Personal education numbers
170.2Public post-secondary students
170.3Not in force
170.4Student financial assistance
Division 2 — Education Advisory Council
171Education advisory council
Division 2.1 — Special Advisor and Special Advisory Committee
171.1Appointment of special advisor or special advisory committee
171.2Powers of special advisor and special advisory committee
171.3Responsibilities of the board
Division 2.2
Division 3 — Official Trustee
172Appointment of official trustee
173Powers of official trustee
Division 4 — Examiners
174Appointment of boards of examiners
Division 5 — Lieutenant Governor in Council Regulations and Orders
175Power to make regulations and orders
176Creation and alteration of school districts
Division 6 — Offences
177Maintenance of order
Division 7 — Validation of Fees
178Validation of fees — International Baccalaureate program