2001 BILL 8

	8


Third Session, 44th General Assembly 50 Elizabeth II, 2001
BILL 8
AN ACT TO AMEND THE SCHOOLS ACT, 1997
Received and Read the First Time
Second Reading
Committee
Third Reading
Royal Assent
HONOURABLE JUDY FOOTE Minister of Education
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would repeal section 55 of the Schools Act, 1997 which is a transitional section no longer required in the Act.

Clause 2 of the Bill would repeal and replace subsection 65(3) of the Act to add to that subsection a requirement for ministerial approval for the annual budget of the board. Presently, the approval is required only where the estimated expenditure or debt would substantially differ from that in the budget.

Subclause 3(1) of the Bill would amend subsection 79(2) of the Act to permit an appointment of a director or assistant director to a board for a period of up to 5 years rather than for a fixed period of 5 years.

Subclause 3(2) of the Bill would amend the Act by adding a subsection 79(4) which would require ministerial approval of board contracts with directors or assistant directors.

A BILL

AN ACT TO AMEND THE SCHOOLS ACT, 1997
Analysis

1. S.55 Rep.
Interim boards

2. S.65 Amdt.
Annual budget

3. S.79 Amdt.
Directors

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SN1997 cS-12.2
as amended

1. Section 55 of the Schools Act, 1997 is repealed.

2. Subsection 65(3) of the Act is repealed and the following substituted:

(3) A board shall not, in a fiscal year, incur, contract for or become liable for an expenditure or debt

(a) unless the annual fiscal budget for that fiscal year has first been approved, in writing, by the minister; and

(b) that is more than the estimated expenditures or debt set out in its annual budget or substantially changes the manner in which an expenditure will be made, except with the prior written approval of the minister.

3. (1) Subsection 79(2) of the Act is amended by adding immediately after the word "for" the words "not more than".

(2) Section 79 of the Act is amended by adding immediately after subsection (3) the following:

(4) Notwithstanding that a board may employ a director or an assistant director under this section, a contract of employment between a board and a director or an assistant director shall not be entered into without the prior written approval of that contract by the minister and a contract of employment entered into without that approval shall be void.