bill 36 - 2012: school amendment act, 2012

8/2/2019 Bill 36 - 2012: School Amendment Act, 2012

1/11

12-04-26 3:ill 36 2012: School Amendment Act, 2012

Page 1ttp://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm

Home > Documents and Proceedings > 4th Session, 39th Parliament > Bills > Bill 36 2012: School Amendment Act,

2012

2011/12 Legislative Session: 4th Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.The printed version remains the official version.

HONOURABLE GEORGE ABBOTTMINISTER OF EDUCATION

BILL 36 2012

SCHOOL AMENDMENT ACT, 2012

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

1 Section 1 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended

(a) by repealing the definition of"day of instruction", and

(b) by adding the following definition:

"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; .

2 Section 3.1 is repealed and the following substituted:

Enrollment distributed learning

3.1 (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
http://www.leg.bc.ca/index.htmhttp://www.leg.bc.ca/39th4th/index.htmhttp://www.leg.bc.ca/39th4th/index.htmhttp://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/index.htmhttp://www.leg.bc.ca/39th4th/index.htmhttp://www.leg.bc.ca/39th4th/index.htmhttp://www.leg.bc.ca/index.htm


2/11



(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.

3 Section 77 is amended by adding the following subsection:

(3) This section is repealed on June 30, 2013.

4 Section 78 is amended

(a) by repealing subsections (1) and (2),

(b) in subsections (3) and (3.1) by adding "of the Lieutenant Governor in Council"

after "in accordance with the regulations", and

(c) by adding the following subsection:

(6) This section is repealed on June 30, 2013.

5 Section 82.1 (1) is repealed and the following substituted:

(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.

6 The following section is added:

International Baccalaureate

82.31 (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.
http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#


3/11



(2) A board that offers an International Baccalaureate program must

(a) make available sufficient instruction for students enrolled in the

International Baccalaureate program to meet the general requirements

for graduation, and

(b) continue to offer a standard educational program in the school

district.

(3) Despite section 82, but subject to section 82.4, a board may charge a

student enrolled in an International Baccalaureate program fees relating to the

direct costs incurred by the board in providing the International Baccalaureate

program that are in addition to the costs of providing a standard educational

program.

(4) If a board that offers an International Baccalaureate program charges fees

under subsection (3), the board must, on or before July 1 of each school year,

(a) establish a schedule of fees to be charged under subsection (3),

and

(b) make the schedule of fees available to the public.

7 Section 82.4 is amended by striking out "and 82.3" and substituting ", 82.3 and

82.31 (3)".

8 The following Division is added to Part 6:

Division 2.1 School Calendars

School calendar

87.01 (1) In this section, "school calendar year" means either of the following:

(a) the school year;

(b) subject to subsection (4), a period of 12 consecutive months

covered by a school calendar, if the school calendar is not based on

the school year.

(2) A board must, in accordance with the regulations of the minister, prepare a

school calendar for each school in its school district for each school calendar

year.

(3) A school calendar prepared by a board under subsection (2)
http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#


4/11



(a) need not be based on the school year but, subject to subsection

(4), must cover a period of 12 consecutive months,

(b) must set out all of the information prescribed by the minister,

(c) may include variations for one or more groups of students in a

school, and

(d) may include any other information that the board considersnecessary.

(4) A school calendar must cover a period of more than 12 consecutive months if

necessary to ensure that it applies immediately on the expiration of the previous

school calendar.

(5) A board must submit to the minister a school calendar prepared under

subsection (2) at least 3 months before the expiration of the current school

calendar unless the board has made available to the public a school calendar

under subsection (9) for the next school calendar year.

(6) A board may, at the same time, submit to the minister up to 3 school

calendars prepared under subsection (2) for each of up to 3 consecutive school

calendar years.

(7) Before submitting a school calendar or school calendars, as applicable, under

subsection (5) or (6), the board must, in accordance with the regulations of the

minister, consult with parents of the students enrolled in the school and

representatives of employees of the board assigned to the school.

(8) If, in the opinion of the minister, a school calendar or school calendars, as

applicable, submitted by a board under subsection (5) or (6) do not comply with

the regulations of the minister, the minister

(a) may amend the school calendar or school calendars, as applicable,

within 30 days of receiving the school calendar or school calendars, as

applicable, under subsection (5) or (6), and

(b) must notify the board of any amendments made under paragraph

(a) as soon as practicable.

(9) Subject to subsection (10), a board must, at least one month before the

expiration of the current school calendar, make available to the public the school

calendar or school calendars, as applicable, submitted to the minister under

subsection (5) or (6).

(10) If the minister amends a school calendar under subsection (8), a board

must, at least one month before the expiration of the current school calendar,

make available to the public the school calendar amended under that subsection.


5/11



(11) Subsections (9) and (10) do not apply to a board if the board has previously

made available to the public a school calendar under subsection (9) for the next

school calendar year.

School calendar amendment

87.02 (1) A board may, in accordance with the regulations of the minister, amend a

school calendar made available to the public by the board undersection 87.01 (9) or (10) if, in the opinion of the board, an amendment is

necessary.

(2) A school calendar amended under subsection (1) must comply with

section 87.01 (3) and the regulations of the minister.

(3) The board must, as soon as practicable and, in any event, within 30 days of

amending a school calendar under subsection (1), make available to the public

the amended school calendar.

Requirement to comply with school calendar

87.03 A board must operate each school in its district in accordance with the following:

(a) the applicable school calendar made available to the public under

section 87.01 (9) or (10);

(b) if the board amended the school calendar under section 87.02, the

amended school calendar made available to the public under

section 87.02 (3).

9 Section 166.4 is amended by adding the following subsection:

(2.1) Division 2.1 of Part 6 applies for the purposes of this Part.


School calendars

166.451 Section 168.02 applies for the purposes of this Part.

11 The following sections are added:

Reimbursement of expenses fordesignated educational activities
http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#


6/11




Annual practice fee


12 Section 168 (2) (m) is repealed.


Minister's regulations school calendars

168.02 (1) The minister may make regulations respecting school calendars for the

purposes of Division 2.1 of Part 6, including, without limitation, regulations as

follows:

(a) respecting the preparation of a school calendar;

(b) respecting the form of a school calendar;

(c) establishing procedures, including respecting the preparation or

amendment of a school calendar and respecting consultation for the

purposes of section 87.01 (7);

(d) prescribing information required to be set out in a school calendar;

(e) prescribing the minimum number of hours of instruction that aboard must offer to students enrolled in the schools in its school

district, including prescribing that there is no minimum number of

hours of instruction for prescribed classes of students, schools or

educational programs;

(f) prescribing the minimum number of hours that the principal, vice

principals, directors of instruction and teachers of a distributed

learning school, or of an educational program delivered through

distributed learning, must be available for instruction;

(g) varying the times referred to in Division 2.1 of Part 6;

(h) designating one or more non-instructional days or non-instructional

periods, if any, scheduled by a board to be used for a specific purpose.

(2) In making a regulation under subsection (1), the minister may make different

regulations for

(a) different classes of persons or different circumstances, places,
http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#


7/11



things, grades of students and groups of students in a school, or

(b) students enrolled in a distributed learning school and students

enrolled in an educational program, any part of which is delivered by

means of distributed learning.

14 Section 175 is amended

(a) by repealing subsections (2) (b) and (3),

(b) in subsection (2) (q) by adding ", except in relation to school calendars" after "a

requirement of the regulations", and

(c) in subsection (2) by adding the following paragraph:

(u) deeming that a board that has scheduled for a school in its district

a number of hours of instruction for a day has provided the scheduled

number of hours of instruction for that day and has complied with

section 87.03 for that day if

(i) the school is closed as a result of a strike or lockout in

respect of some or all of the employees of the board assigned to

the school, or

(ii) the school is closed by the board under section 73 (1) or 90

(2).

15 Section 175 (2) is amended by adding the following paragraph:

(t) prescribing what may and what may not be considered to be direct

costs for the purposes of section 82.1 (4) or 82.31 (3).

16 The following Division is added to Part 9:

Division 7 Validation of Fees

Validation of fees International Baccalaureate program

178 (1) Despite section 82 and despite any decision of a court to the contrary made

before or after the coming into force of this section or section 82.31, the fees set

and charged by a board, from July 1, 2002 to the date this section comes into

force, in relation to an International Baccalaureate program that would have

been validly set and charged had the board set and charged those fees in

accordance with section 82.31 (3) are conclusively deemed to have been validly
http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#


8/11



set and charged, and all fees collected by the board are conclusively deemed to

have been validly collected.

(2) This section is retroactive to the extent necessary to give full force and effect

to its provisions and must not be construed as lacking retroactive effect in

relation to any matter because it makes no specific reference to that matter.

Transitional Provision

Transition school calendars

17 (1) Division 2.1 of Part 6 and any regulation made under section 168.02 do not

apply to any school year before the 2013/2014 school year.

(2) Sections 77 and 78 (3) to (5), any ministerial order made under

section 168 (2) (m) and any regulation made under section 175 (2) (b) do not

apply to any school year after the 2012/2013 school year or to the making or

adoption of a school calendar for any school year after the 2012/2013 school

year.

(3) The School Calendar Regulation, B.C. Reg. 114/2002, and any other

regulation made under section 175 (2) (b) are repealed on June 30, 2013.

Commencement

18 The provisions of this Act referred to in column 1 of the following table come into

force as set out in column 2 of the table:

ItemColumn 1

Provisions of Act

Column 2

Commencement

1Anything not elsewhere covered

by this tableThe date of Royal Assent

2 Section 1 July 1, 2012

3 Section 2By regulation of the Lieutenant

Governor in Council

4 Sections 3 to 10 July 1, 2012

5 Section 12 June 30, 2013

6 Section 13 July 1, 2012

7 Section 14 June 30, 2013

8 Sections 15 to 17 July 1, 2012
http://www.leg.bc.ca/39th4th/1st_read/gov36-1.htm#


9/11



Explanatory Notes

SECTION 1: [School Act, section 1]

repeals the definition of "day of instruction";

adds a definition of "standard educational program", which was previously located in

another section.

SECTION 2: [School Act, section 3.1] provides for the enrollment of a student or a

francophone student in more than one educational program or francophone educational

program, as the case may be, if at least one of the educational programs or francophone

educational programs, as applicable, is delivered, in whole or in part, by means of distributed

learning.

SECTION 3: [School Act, section 77] adds a sunset provision.


repeals obligations of the Lieutenant Governor in Council in respect of standard school

calendars;

clarifies that the regulation is a regulation of the Lieutenant Governor in Council;

adds a sunset provision.

SECTION 5: [School Act, section 82.1] repeals the definition of "standard educational

program", which is added to section 1 of the Act by this Bill.

SECTION 6: [School Act, section 82.31]

adds a definition of "International Baccalaureate program";requires a board that offers an International Baccalaureate program to maintain a

standard educational program and ensure that students in the International

Baccalaureate program receive sufficient instruction to meet the general requirements

for graduation;

authorizes a board to charge students fees for International Baccalaureate programs in

an amount representing the direct costs of providing the program, which costs are

additional to the costs incurred by a board in offering a standard educational program;

requires a board that offers an International Baccalaureate program to establish, on or

before July 1 of each school year, a schedule of fees for the program, if fees arecharged, and to make the schedule of fees available to the public.

SECTION 7: [School Act, section 82.4] updates a cross reference consequential to

amendments made by this Bill.

SECTION 8: [School Act, sections 87.01 to 87.03]


10/11



requires boards to prepare school calendars in accordance with the regulations, to

consult with parents and board employees and to submit the school calendars to the

minister;

sets out requirements for school calendars;

provides the minister with the authority to amend a school calendar if it does not

comply with the regulations;

provides the process by which boards may amend school calendars;requires boards to comply with school calendars.

SECTION 9: [School Act, section 166.4] provides that Division 2.1 of Part 6, which is

added to the Act by this Bill, applies for the purposes of Part 8.1 of the Act.

SECTION 10: [School Act, section 166.451] provides that section 168.02, which is added

to the Act by this Bill, applies for the purposes of Part 8.1 of the Act.

SECTION 11: [School Act, sections 166.452 and 166.453] provides that sections 168.1

and 168.2 of the Act apply for the purposes of Part 8.1 of the Act.

SECTION 12: [School Act, section 168] repeals a ministerial order-making power that is

added to the Act by this Bill as a ministerial regulation-making power.

SECTION 13: [School Act, section 168.02] adds to the Act ministerial regulation-making

powers in respect of school calendars.


repeals a regulation-making power in respect of school calendars that is added to the

Act by this Bill as a ministerial regulation-making power;

restricts in relation to school calendars a regulation-making power in respect of

distributed learning;

adds a regulation-making power to deem that a board has provided the scheduled

number of hours of instruction and has complied with section 87.03 for a day on which

a school is closed as a result of a strike or lockout or under section 73 (1) or 90 (2).

SECTION 15: [School Act, section 175] adds a regulation-making power in respect of

direct costs of specialty academies and International Baccalaureate programs.

SECTION 16: [School Act, section 178] retroactively validates and confirms fees set,

charged and collected by boards for the provision of International Baccalaureate programs.

SECTION 17: [Transition school calendars] provides to what school years Division 2.1

of Part 6, which is added to the Act by this Bill, applies and to what school year sections 77

and 78 (3) to (5) of the Act, any regulations made under section 168 (2) (m) of the Act and

any regulations made under section 175 (2) (b) of the Act continue to apply.


11/11



Copyright (c) Queens Printer, Victoria, British Columbia, Canada