Education Act

SCHEDULE A OF CHAPTER 1 OF THE ACTS OF 2018

as amended by

2018, c. 3, s. 36; 2019, c. 14; 2023, c. 14, ss. 6, 7

Published by Authority of the Speaker of the House of Assembly

Halifax

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SCHEDULE A OF CHAPTER 1 OF THE ACTS OF 2018

amended 2018, c. 3, s. 36; 2019, c. 14; 2023, c. 14, ss. 6, 7

An Act Respecting Education

Table of Contents

(The table of contents is not part of the statute)

Section

Short title........................................................................................................................................... 1

Purpose of Act................................................................................................................................... 2

Interpretation..................................................................................................................................... 3

Supervision of Act and education system ......................................................................................... 4

Public Schools

Free schools....................................................................................................................................... 5

Right to attend school ....................................................................................................................... 6

International students ........................................................................................................................ 7

School year and fiscal year ............................................................................................................... 8

Minister

Role of Minister ................................................................................................................................ 9

Powers of Minister............................................................................................................................ 10

Provincial Advisory Council on Education

Establishment of and composition .................................................................................................... 11

Term of office.................................................................................................................................... 12

Presiding member ............................................................................................................................. 13

Terms of reference ............................................................................................................................ 14

Duty to advise Minister..................................................................................................................... 15

Remuneration.................................................................................................................................... 16

Mi’kmaq Education

Council on Mi’kmaq Education........................................................................................................ 17

Minister’s duties................................................................................................................................ 18

African-Canadian Education

Council on African-Canadian Education .......................................................................................... 19

Minister’s duties................................................................................................................................ 20

School Advisory Councils and

Regional School Advisory Councils

Establishment and composition ........................................................................................................ 21

Duties ................................................................................................................................................ 22

Parents

Duties, parent of child with special needs......................................................................................... 23

Custody ............................................................................................................................................. 24

Students

Duties and rights ............................................................................................................................... 25

Requiring student to leave class........................................................................................................ 26

Suspension or other action ................................................................................................................ 27

Review of suspension........................................................................................................................ 28

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Extended suspension.......................................................................................................................... 29

Appeal of suspension......................................................................................................................... 30

Alternative arrangements for education during suspension............................................................... 31

Suspension of school bus rights......................................................................................................... 32

Requirement to attend school ............................................................................................................ 33

No employment during school hours................................................................................................. 34

Certificate of exemption, authorizing employment ........................................................................... 35

Attendance committee ....................................................................................................................... 36

Child not attending school ................................................................................................................. 37

Prima facie proof ............................................................................................................................... 38

Principals and Vice-principals

Duties................................................................................................................................................. 39

Evaluation .......................................................................................................................................... 40

May perform duties of teacher........................................................................................................... 41

Teachers

Duties................................................................................................................................................. 42

Authority............................................................................................................................................ 43

Teacher’s certificate or permit ........................................................................................................... 44

Student teachers ................................................................................................................................. 45

Classification decisions remain valid ................................................................................................ 46

Written contract required ................................................................................................................... 47

Notice of termination......................................................................................................................... 48

Suspension of a teacher ..................................................................................................................... 49

Discharge for just cause..................................................................................................................... 50

Teacher may lawfully terminate contract........................................................................................... 51

Support Staff

Duties................................................................................................................................................. 52

Volunteers

Permitted to assist, policies................................................................................................................ 53

Record Checks

Interpretation...................................................................................................................................... 53A

Requirement....................................................................................................................................... 53B

Types and use of record checks ......................................................................................................... 53C

Results must be collected................................................................................................................... 53D

May require annual declaration ......................................................................................................... 53E

Charge or conviction must be disclosed ............................................................................................ 53F

Regional Centres for Education

Corporation sole................................................................................................................................. 54

Establishment, geographic boundaries .............................................................................................. 55

Rights of natural person..................................................................................................................... 56

Crown agent....................................................................................................................................... 57

Proceedings against the Crown Act ................................................................................................... 58

Exemption from taxation ................................................................................................................... 59

Property vested in Crown .................................................................................................................. 60

Duties................................................................................................................................................. 61

Powers................................................................................................................................................ 62

Support of operations......................................................................................................................... 63

Duties of Deputy Minister ................................................................................................................. 64

Regional Executive Directors of Education

Appointment ...................................................................................................................................... 65

Duties................................................................................................................................................. 66

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Funding

Financial assistance and municipal contributions ............................................................................. 67

Statement for municipality ................................................................................................................ 68

Statement of estimated revenues and expenditures........................................................................... 69

Payments by municipality to regional centre .................................................................................... 70

Borrowing.......................................................................................................................................... 71

School Facilities

School closing ................................................................................................................................... 72

Deemed closed .................................................................................................................................. 73

Building unfit for public school purposes ......................................................................................... 74

Lease or rental ................................................................................................................................... 75

Consequence of declaring building unfit........................................................................................... 76

Control and management................................................................................................................... 77

Distribution of proceeds from sale or destruction............................................................................. 78

Community Facilities

Agreement re costs ............................................................................................................................ 79

Powers to comply with agreement .................................................................................................... 80

Agreement re alteration, addition or improvement ........................................................................... 81

Ministerial approval required ............................................................................................................ 82

Home Education

Requirements..................................................................................................................................... 83

May not be provided or continued .................................................................................................... 84

Private Schools

Permitted ........................................................................................................................................... 85

Requirements..................................................................................................................................... 86

High school leaving certificate.......................................................................................................... 87

Nova Scotia Education Common Services Bureau

Corporation sole ................................................................................................................................ 88

Objects............................................................................................................................................... 89

Powers ............................................................................................................................................... 90

Records.............................................................................................................................................. 91

General

Auditor General................................................................................................................................. 92

Collection and use of personal information by Minister................................................................... 93

Collection and use of personal information by regional centre......................................................... 94

Limits on collection and use of personal information....................................................................... 95

Offence and penalty........................................................................................................................... 96

Ministerial regulations....................................................................................................................... 97

Governor in Council regulations ....................................................................................................... 98

Transitional and Consequential Amendments

Transitional........................................................................................................................................ 99

School advisory councils................................................................................................................... 100

Anti-idling Act amended ................................................................................................................... 101

Atlantic Provinces Special Education Authority Act amended ......................................................... 102

Civil Service Act amended ................................................................................................................ 103

Defamation Act amended .................................................................................................................. 104

Education Act amended................................................................................................................ 105, 106

Elections Act amended ..................................................................................................................107-110

Fire Safety Act amended ................................................................................................................... 111

Freedom of Information and Protection of Privacy Act amended.................................................112-114

Government Records Act amended................................................................................................... 115

Halifax Regional Municipality Charter amended .........................................................................116-119

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Health Authorities Act amended........................................................................................................ 120

Labour Standards Code amended ...................................................................................................... 121

Lobbyists’ Registration Act amended ................................................................................................ 122

Motor Carrier Act amended ............................................................................................................... 123

Municipal Conflict of Interest Act amended ..................................................................................... 124

Municipal Elections Act amended ..................................................................................................... 125

Municipal Finance Corporation Act amended..............................................................................126, 127

Municipal Fiscal Year Act amended .................................................................................................. 128

Municipal Government Act amended........................................................................................... 129-131

Municipal Grants Act amended ......................................................................................................... 132

Nova Scotia School Boards Association Act repealed ...................................................................... 133

Ombudsman Act amended................................................................................................................. 134

Pay Equity Act amended............................................................................................................... 135-137

Pre-primary Education Act amended................................................................................................. 138

Provincial Court Act amended........................................................................................................... 139

Public Interest Disclosure of Wrongdoing Act amended.............................................................. 140-142

Public Procurement Act amended...................................................................................................... 143

Public Service Superannuation Act amended ............................................................................... 144-146

Public Services Sustainability (2015) Act amended.......................................................................... 147

Regulations Act amended ................................................................................................................. 148

Shared Services Act amended............................................................................................................ 149

Smoke-free Places Act amended ....................................................................................................... 150

Teachers’ Professional Agreement and Classroom Improvements (2017) Act amended .................. 151

Trade Union Act amended ................................................................................................................. 152

Utility and Review Board amended................................................................................................... 153

Volunteer Protection Act amended .................................................................................................... 154

Effective date ..................................................................................................................................... 155

__________

Short title

1 This Act may be cited as the Education Act.

2018, c. 1, Sch. A, s. 1.

Purpose of Act

2 The purpose of this Act is to provide for a publicly funded school

system whose primary mandate is to provide education programs and services for

students to enable them to develop their potential and acquire the knowledge, skills

and attitudes needed to contribute to a healthy society and a prosperous and sustain-

able economy.

2018, c. 1, Sch. A, s. 2.

Interpretation

3 In this Act,

(a) “African-Canadian education” means programs, resources

and learning materials that provide information about and promote under-

standing of African people and their history, heritage, culture, traditions and

contributions to society, recognizing their origins as Africans;

(b) “bullying” means behaviour, typically repeated, that is

intended to cause or should be known to cause, whether directly or indi-

rectly, fear, intimidation, humiliation, exclusion, distress or other harm to

another person’s body, emotional well-being, self-esteem, reputation or

property, and includes assisting or encouraging such behaviour in any way;

Bureau;

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(d) “cyberbullying” means any electronic communication through

the use of technology including, without limiting the generality of the fore-

going, computers, other electronic devices, social networks, text messaging,

instant messaging, websites and electronic mail, typically repeated or with

continuing effect, that is intended to cause or should be known to cause fear,

intimidation, humiliation, exclusion, distress or other harm to another per-

son’s health, emotional well-being, self-esteem or reputation, and includes

assisting or encouraging such communication in any way;

(e) “Department” means the Department of Education and Early

Childhood Development;

(f) “department” means a department, office or government

agency created by or under the Public Service Act;

(g) “education entity” means a regional centre or the Conseil sco-

laire acadien provincial;

(h) “electronic means” means the use of internet, intranet or any

form of electronic communication;

(i) “former Act” means Chapter 1 of the Acts of 1995-96 or any

predecessor to that Act;

(j) “home education program” means a course of study provided

to a student under the direction of the student’s parent and centred in the stu-

dent’s home;

(k) “minimum municipal contribution” means the amount that

would be raised in a municipality if tax was levied at the tax rate, determined

by the regulations, on the uniform assessment of the municipality deter-

mined in accordance with the Municipal Grants Act, or such lesser amount

as determined by the regulations;

(l) “Minister” means the Minister of Education and Early Child-

hood Development;

(m) “Mi’kmaq” means all first-nations people, whether living on

or off a reserve;

(n) “Mi’kmaq education” means programs, resources and learning

materials that provide information about and promote understanding of the

Mi’kmaq and their history, heritage, language, culture, traditions and contri-

butions to society and that recognize their origins as first-nations people;

(o) “municipality” means a regional municipality, incorporated

town or municipality of a county or district;

(p) “parent” includes a guardian and a person acting in loco par-

entis to a child;

(q) “PACE” means the Provincial Advisory Council on Education

established by this Act;

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(r) “permanent contract” means a written contract between an

education entity and a teacher in a form approved by the Minister that has

been entered into after the teacher has

(i) served under a probationary contract, or

(ii) been employed by the education entity for two or more

years immediately preceding the year in which the education entity

entered into probationary and permanent contracts with the teacher

for the first time;

(s) “person in charge” of a child means a person over the age of

19 years with whom a child lives or who controls, is in a position to control

or has the apparent charge of a child;

(t) “principal” means the principal of a public school under the

jurisdiction of a regional centre;

(u) “private school” means a school, other than a public school,

that serves school-age students and has a curriculum comparable to that pro-

vided by public schools but does not include a home-education program;

(v) “probationary contract” means a written contract between an

education entity and a teacher in a form approved by the Minister whereby

the teacher is employed on a probationary basis;

(w) “public school” means a public school maintained and man-

aged by an education entity;

(x) “public school program” means the public school program of

education set out in the regulations;

(y) “ratepayer” means a person liable to taxation under the

Assessment Act;

(z) “regional centre” means a regional centre for education con-

stituted under this Act;

(za) “regional education officer” means a regional education

officer appointed under this Act;

(zb) “regional executive director” means the regional executive

director of education for a regional centre;

(zc) “regional school board” means a regional school board estab-

lished under the former Act;

(zd) “school region” means an area established as a school region

in accordance with this Act and the regulations over which a regional centre

exercises jurisdiction;

(ze) “support staff” includes persons employed in any capacity to

assist a regional centre in providing services for the comfort, assistance,

safety and conveyance of students or to provide administrative support to the

regional centre and its schools but does not include a teacher;

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(zf) “teacher” means a person who

(i) holds a teacher’s certificate or a teaching permit issued

by the Minister qualifying the person to teach in a public school in

the Province, including a vocational teacher’s certificate, and

(ii) is employed by an education entity or the Minister in a

teaching, supervisory or other professional capacity relating to educa-

tion;

(zg) “unacceptable behaviour” means behaviour that endangers the

well-being of others, damages property or significantly disrupts the learning

of others, and includes

(i) bullying,

(ii) cyberbullying,

(iii) discriminatory behaviour,

(iv) illegal activity,

(v) insubordination,

(vi) misuse of network or online resources,

(vii) physical violence,

(viii) racist behaviour,

(ix) repeated use of tobacco or electronic cigarettes,

(x) sexual assault,

(xi) sexual harassment,

(xii) sexual misconduct,

(xiii) significant disruption to school operations,

(xiv) use or possession of

(A) alcohol,

(AA) cannabis,

(B) drug-related paraphernalia,

(D) weapons,

(xv) vandalism, and

(xvi) verbal abuse;

(zh) “vice-principal” means the vice-principal of a public school

under the jurisdiction of a regional centre.

2018, c. 1, Sch. A, s. 3; 2018, c. 3, s. 36.

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Supervision of Act and education system

4 The Minister has the general supervision and management of this Act

and the general supervision of public schools and education in the Province.

2018,

c. 1, Sch. A, s. 4.

PUBLIC SCHOOLS

Free schools

5 All public schools established or managed by a regional centre are

free schools.

2018, c. 1, Sch. A, s. 5.

Right to attend school

6 Subject to this Act and the regulations, every person over the age of

five years and under the age of 21 years has the right to attend a public school serv-

ing the school region in which that person resides, as assigned by a regional centre.

2018, c. 1, Sch. A, s. 6.

International students

7 A regional centre may admit international students in accordance

with the regulations and, notwithstanding Section 5, charge fees prescribed by the

regulations to such students.

2018, c. 1, Sch. A, s. 7.

School year and fiscal year

8 (1) The school academic year begins on August 1st in each year

and ends on July 31st next following.

(2) The school fiscal year begins on April 1st in each year and

ends on March 31st next following.

2018, c. 1, Sch. A, s. 8.

MINISTER

Role of Minister

9 The role of the Minister is to

(a) provide leadership for the education system;

(b) establish policy, priorities, standards and guidelines for the

provision of education, the administration of the education system and fos-

tering student achievement; and

monitoring of education-system performance.

2018, c. 1, Sch. A, s. 9.

Powers of Minister

10 The Minister may

(a) subject to the regulations, direct the expenditure of all funds

appropriated by the Legislature for educational purposes within the scope of

and incidental to this Act;

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(b) make grants to education entities;

bequeathed or subscribed for the use of public schools, education programs

and related services in the Province;

(d) acquire, hold, improve and maintain any real or personal prop-

erty for such consideration and on such conditions as the Minister considers

appropriate;

(e) lease, sell or convey any real or personal property for such

consideration and on such conditions as the Minister considers appropriate;

(f) improve, renovate, alter, add to, repair, extend, provide ser-

vice, furnish and equip buildings for public school purposes on such terms

and conditions as the Minister considers appropriate;

(g) transfer ownership of real or personal property from an educa-

tion entity to His Majesty in right of the Province or from His Majesty in

right of the Province to an education entity;

(h) appoint such advisory groups or committees as the Minister

considers appropriate;

(i) name the diplomas and certificates to be granted to students

and prescribe their form and the conditions under which they may be granted;

(j) subject to the regulations, classify teachers and grant teacher’s

certificates and permits;

(k) provide an instructional leadership program for teachers and

grant diplomas for the successful completion of the program;

(l) establish a Provincial school code of conduct policy with

respect to promoting school and student safety that includes a Provincial

school code of conduct and provisions regarding student conduct and conse-

quences for unacceptable behaviour;

(m) establish a Provincial public school network-access and net-

work-use policy that includes defined consequences for misuse of the net-

work by students and staff of a school;

(n) maintain and operate the Nova Scotia School Book Bureau for

the purchase, sale and distribution of school books and other learning materi-

als prescribed by the regulations for use in public schools;

(o) collaborate with public education organizations and other

bodies;

(p) collect, compile and disseminate education statistics and

information;

(q) determine the organizational structure of an education entity

and the Bureau;

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(r) enter into agreements with the Government of Canada, a prov-

ince of Canada, a municipality, a person or any other body for any purpose

within the scope of this Act;

(s) enter into agreements with the Government of Canada or with

the Mi’kmaw Kina’matnewey with respect to the costs and terms and condi-

tions of the delivery of educational programs and services to members of a

community listed in the Schedule to the Mi’kmaq Education Act;

(t) do such other things as the Minister considers necessary or

advisable to effectively carry out the Minister’s role and duties under this

Act.

2018, c. 1, Sch. A, s. 10.

PROVINCIAL ADVISORY COUNCIL ON EDUCATION

Establishment of and composition

11 (1) There is hereby established a Provincial Advisory Council on

Education.

(2) PACE is composed of

(a) the Chair of the Conseil scolaire acadien provincial or

such other member of the Conseil as may be designated by its mem-

bers;

(b) the Chair of the Council on Mi’kmaq Education or such

other member of the Council as may be designated by its members;

tion or such other member of the Council as may be designated by its

members; and

(d) up to 12 individuals chosen after taking into consider-

ation

(i) regional, cultural and gender representation and

representation for persons with a disability,

(ii) the individual’s knowledge and experience, and

(iii) the desirability of achieving an equitable rep-

resentation of the diversity of educational and community

interests served by public education in the Province.

(3) The members of PACE referred to in clause (d) shall be

appointed by the Governor in Council on the recommendation of the Minister and

shall serve on such terms and conditions as are prescribed by the regulations.

2018,

c. 1, Sch. A, s. 11.

Term of office

12 (1) Subject to subsection (2), the term of office for a member of

PACE appointed by the Governor in Council is two years and a member is eligible

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for reappointment upon the expiry of the member’s term for a subsequent term of

two years.

(2) The Governor in Council shall designate up to six of the initial

members of PACE appointed by it to serve a one-year term and any such member is

eligible for reappointment upon the expiry of the member’s term for a subsequent

term of two years.

(3) A member of PACE appointed by the Governor in Council

may not serve more than two consecutive terms.

2018, c. 1, Sch. A, s. 12.

Presiding member

13 Meetings of PACE must be presided over by a member of PACE cho-

sen by the Minister. 2018, c. 1, Sch. A, s. 13.

Terms of reference

14 The Minister may establish terms of reference for PACE.

2018, c. 1,

Sch. A, s. 14.

Duty to advise Minister

15 PACE shall advise the Minister on matters relating to education and,

in particular,

(a) those matters referred to PACE by the Minister;

(b) regional or local matters that affect education; and

attention of the Minister.

2018, c. 1, Sch. A, s. 15.

Remuneration

16 A member of PACE is entitled to such remuneration and to be reim-

bursed for such reasonable expenses necessarily incurred in carrying out the mem-

ber’s duties, as is prescribed by the regulations.

2018, c. 1, Sch. A, s. 16.

MI’KMAQ EDUCATION

Council on Mi’kmaq Education

17 (1) The Council on Mi’kmaq Education is hereby continued.

(2) The Council on Mi’kmaq Education shall

(a) promote the rights and interests of the Mi’kmaq by

providing recommendations to the Minister on programs and services

in public schools and to the Minister of Advanced Education on post-

secondary and adult education;

(b) meet annually with the Minister to discuss the develop-

ment of Mi’kmaq education; and

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(3) The Minister shall appoint the members of the Council on

Mi’kmaq Education for such terms and upon such conditions prescribed by the reg-

ulations.

(4) The Council on Mi’kmaq Education shall meet at least four

times each year.

(5) Meetings of the Council on Mi’kmaq Education shall be pre-

sided over by a member of the Council chosen by the Council.

(6) A member of the Council on Mi’kmaq Education is entitled to

such remuneration and to be reimbursed for such reasonable expenses necessarily

incurred in carrying out the member’s duties, as is prescribed by the regulations.

2018, c. 1, Sch. A, s. 17; O.I.C. 2021-208.

Minister’s duties

18 The Minister shall

(a) provide and implement programs and policies promoting the

development of Mi’kmaq education; and

(b) include in learning materials information respecting the his-

tory, language, heritage, culture, traditions and contribution to society of the

Mi’kmaq.

2018, c. 1, Sch. A, s. 18.

AFRICAN-CANADIAN EDUCATION

Council on African-Canadian Education

19 (1) The Council on African-Canadian Education is hereby contin-

ued.

(2) The Council on African-Canadian Education shall

(a) promote the rights and interests of African-Nova Scoti-

ans by providing recommendations to the Minister on programs and

services in public schools and to the Minister of Advanced Education

on post-secondary and adult education;

(b) meet annually with the Minister to discuss the develop-

ment of African-Canadian education; and

tions.

(3) The Minister shall appoint the members of the Council on

African-Canadian Education for such terms and upon such conditions as prescribed

by the regulations.

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(4) The Council on African-Canadian Education shall meet at

least four times each year.

(5) Meetings of the Council on African-Canadian Education shall

be presided over by a member of the Council chosen by the Council.

(6) A member of the Council on African-Canadian Education is

entitled to such remuneration and to be reimbursed for such reasonable expenses

necessarily incurred in carrying out the member’s duties, as is prescribed by the reg-

ulations.

2018, c. 1, Sch. A, s. 19; O.I.C. 2021-208.

Minister’s duties

20 The Minister shall

(a) provide and implement programs and policies promoting the

development of African-Canadian education; and

(b) include in learning materials information respecting the his-

tory, heritage, culture, traditions and contribution to society of African peo-

ple.

2018, c. 1, Sch. A, s. 20.

SCHOOL ADVISORY COUNCILS AND

REGIONAL SCHOOL ADVISORY COUNCILS

Establishment and composition

21 (1) A school advisory council may be established in accordance

with the regulations for a public school or a group of schools.

(2) A regional school advisory council may be established in

accordance with the regulations to represent two or more groups of schools within a

school region or across school regions.

(3) The composition and powers and duties of a school advisory

council or regional school advisory council, and the terms and conditions upon

which its members serve, are as prescribed by the regulations.

2018, c. 1, Sch. A, s. 21.

Duties

22 A school advisory council or regional school advisory council shall

(a) assist a regional centre to ensure that the regional centre’s

public schools and related services are meeting the needs of the communities

and regions they serve; and

(b) perform such other functions as are prescribed by the regula-

tions and as assigned by the Minister or the regional centre.

2018, c. 1, Sch. A,

s. 22.

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PARENTS

Duties, parent of child with special needs

23 (1) It is the duty of every parent of a child enrolled in a public

school under the jurisdiction of a regional centre to

(a) support the child in achieving learning success;

(b) cause the child to attend school as required by the reg-

ulations;

(d) ensure the basic needs of the child are met, including

that the child is well-nourished and well-rested when the child goes

to school; and

(e) support the child’s teachers in their efforts to provide

an education for the child.

(2) A parent of a child with special needs must be afforded the

opportunity to participate in the development of an individualized program for the

child.

(3) Where a parent of a child with special needs does not agree

with a decision of a regional centre respecting an individualized program plan for

that child, the parent may appeal the decision in accordance with the regulations.

2018, c. 1, Sch. A, s. 23.

Custody

24 While a child lives with or is under the care or in the custody of a per-

son other than a parent, the person is subject to the duties imposed by this Act on a

parent, but the duty and liability of a parent is not thereby affected or diminished.

2018, c. 1, Sch. A, s. 24.

STUDENTS

Duties and rights

25 (1) It is the duty of every student enrolled in a public school under

the jurisdiction of a regional centre to

(a) participate fully in learning opportunities;

(b) attend school regularly and punctually;

(d) respect the rights of others; and

(e) comply with the discipline policies of the school and

the regional centre.

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(2) A student is accountable to the student’s teacher for the stu-

dent’s conduct while under the teacher’s supervision.

(3) A student may participate in decisions that affect the student’s

school through representation on councils or committees in accordance with the

regional centre’s policy or the regulations.

(4) It is the right of a student to be informed of the student’s edu-

cational progress on a regular basis.

(5) A student of the age of majority may exercise any right that

under subsection 23(2) or (3) may be exercised by a parent of the student.

2018, c. 1,

Sch. A, s. 25.

Requiring student to leave class

26 Where a student in a class engages in unacceptable behaviour, the

teacher of the class may require the student to leave the class and shall refer the stu-

dent to the principal.

2018, c. 1, Sch. A, s. 26.

Suspension or other action

27 Where a student enrolled in a public school under the jurisdiction of a

regional centre engages in unacceptable behaviour

(a) on school grounds, on property immediately adjacent to

school grounds, at a school-sponsored or school-related activity, function or

program whether on or off school grounds, at a school bus stop or on a

school bus; or

(b) at a location, activity, function or program that is off school

grounds and is not school-sponsored or school-related, if the behaviour sig-

nificantly disrupts the learning climate of the school,

the principal or the person in charge of the school may take appropriate action as

specified in the Provincial school code of conduct policy including suspending the

student for a period of not more than 10 school days.

2018, c. 1, Sch. A, s. 27.

Review of suspension

28 (1) Where a student is suspended under Section 27, the principal

or other person in charge of the school shall immediately notify, in writing or by

electronic means, the student, the student’s parents, the student’s teachers and the

regional centre of the reasons for the suspension.

(2) The student or the student’s parents may request a review of

the suspension by the regional centre within five school days of receiving the notice

under subsection (1).

(3) The regional centre shall either

(a) confirm the suspension; or

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(b) order that the suspension be revoked and that the sus-

pension be removed from the record of the student.

(4) The decision to be made under subsection (3) must be made by

(a) a committee established by the regional centre consist-

ing of one or more persons but not including the regional executive

director; or

(b) where so directed by the regional centre, the school

advisory council for the school or a committee of the school advisory

council.

2018, c. 1, Sch. A, s. 28.

Extended suspension

29 (1) Where a student is suspended under Section 27 and the princi-

pal is of the view that the student should be suspended for a period greater than 10

school days, the principal may, in writing, make a recommendation with reasons to

the regional centre that the student be suspended for a period greater than 10 school

days.

(2) When a recommendation is made under subsection (1), the

regional centre shall immediately notify, in writing or by electronic means, the stu-

dent and the student’s parents of the principal’s recommendation and reasons.

(3) Within seven days of having received the recommendation of

the principal under subsection (1), the regional centre shall

(a) dismiss the principal’s recommendation; or

(b) extend the suspension of the student for a period of

greater than 10 school days.

(4) Where the suspension of a student begins within two months

of the end of the school academic year, the period for which a regional centre may

extend the suspension may include a portion of the next academic year.

(5) The regional centre shall notify the student, the student’s par-

ents, the student’s teachers and the principal or the person in charge of the school of

its decision under subsection (3) within three days of the decision being made.

(6) Where the regional centre decides to extend the suspension of

the student, the regional centre shall include in its notice under subsection (5)

(a) the period for which the student is to remain suspended;

(b) the reasons for the decision to extend the suspension of

the student; and

appeal the decision.

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(7) The decision to be made under subsection (3) must be made

by a committee established by the regional centre consisting of one or more persons

but not including the regional executive director.

2018, c. 1, Sch. A, s. 29.

Appeal of suspension

30 (1) Where a student or a parent of a student has been notified of a

decision made under subsection 29(3), the student or the parent may, within seven

days of receiving such notice, appeal the decision to the regional executive director.

(2) The regional executive director shall, upon receipt of a notice

of appeal,

(a) immediately notify the student and the student’s par-

ents of the time and place of the hearing of the appeal and the right of

the student or parent, or both, to appear in person with or without

counsel; and

(b) within 10 days of receipt of the notice of appeal, hold

a hearing and confirm, revoke or vary the decision of the regional

centre.

(3) Within three days of the hearing, the regional centre shall

notify the student, the student’s parents, the student’s counsel, the student’s teachers

and the principal or person in charge of the school of its decision, which decision is

final and binding.

(4) The regional executive director may, with the approval of the

Minister, delegate the powers and duties under subsections (1) to (3) to a committee

of one or more persons designated by office or name, which committee may include

the regional executive director.

2018, c. 1, Sch. A, s. 30.

Alternative arrangements for education during suspension

31 Where a student is suspended for more than 10 school days, the

regional centre, in consultation with the student’s parents, shall make every reason-

able effort to provide alternative arrangements for the education of the student.

2018, c. 1, Sch. A, s. 31.

Suspension of school bus rights

32 (1) The principal, or such other supervisory person as may be des-

ignated by the regional centre, may suspend a student’s right to use a school bus if,

in that person’s judgement,

(a) the student has refused to comply with reasonable rules

of the regional centre or directions given by the bus driver; or

(b) the behaviour of the student while on the bus endan-

gers the safety of others using the bus.

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(2) A person who suspends a student’s right to use the school bus

shall promptly notify the student’s parents and the regional centre of the suspension.

(3) Where the student’s right to use the school bus has been sus-

pended for a period of more than two days, the student and the student’s parents

shall be notified in writing or by electronic means of the reason for the suspension

and, where the suspension is for a period of more than five school days, of the right

of appeal under subsection (4).

(4) Where a student’s right to use the school bus is suspended for

a period of more than five school days, a parent of the student or, where the student

is of the age of majority, the student may, within seven days of receiving notice of

the suspension, appeal the decision to suspend to the regional centre.

(5) Where a notice of appeal has been received by the regional

centre, the balance of the suspension is stayed until the regional centre confirms,

revokes or varies the suspension.

(6) Upon receipt of a notice of appeal, the regional centre shall

(a) notify by registered mail or electronic means the parent

of the student or, where the student is of the age of majority, the stu-

dent of the time and place of the hearing of the appeal; and

(b) within 10 days of receipt of the notice of appeal, hold a

hearing respecting the suspension and within three school days fol-

lowing that hearing confirm, revoke or vary the decision to suspend.

(7) No parent or other person in charge of any student, having

received from the regional centre by registered mail or electronic means, a notice of

suspension of the student’s right to use the school bus, shall cause, encourage or

permit the student to use the bus during the period of time during which the suspen-

sion is in effect.

2018, c. 1, Sch. A, s. 32.

Requirement to attend school

33 (1) Subject to subsection (2), every resident of the Province over

the age of five years and under the age of 16 years shall be enrolled in and attend

public school.

(2) A child is not required to attend a public school if the child

(a) is being provided with a home education program in

accordance with the regulations;

(b) is enrolled in and in attendance at a private school

operating in compliance with this Act;

school; or

(d) is otherwise exempted under the regulations.

2018, c. 1,

Sch. A, s. 33.

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No employment during school hours

34 No person shall employ in any work during school hours a child who

has not attained the age up to which attendance at school is required by the regula-

tions unless the person holds a certificate authorizing employment of the child.

2018, c. 1, Sch. A, s. 34.

Certificate of exemption, authorizing employment

35 (1) A regional centre may, in accordance with the regulations,

(a) issue to a child a certificate of exemption from attend-

ance at school; and

(b) issue to a person a certificate authorizing employment

of a child during school hours.

(2) A certificate remains in effect for such period as the regional

centre may determine.

2018, c. 1, Sch. A, s. 35.

Attendance committee

36 (1) A regional centre may establish an attendance committee.

(2) An attendance committee shall, in accordance with provincial

policy,

(a) monitor the attendance of students in schools in the

school region;

(b) take steps to reduce the absenteeism of students from

schools in the school region; and

to those students who have been reported to the regional centre by the

principal as being habitually absent from school without acceptable

excuse.

2018, c. 1, Sch. A, s. 36.

Child not attending school

37 A parent or person in charge of a child not attending school shall,

within five days after having been served with a notice by the regional centre nam-

ing the child, cause the child to attend school and continue in regular attendance at

school, unless the child is excused from attendance under this Act or the regulations

or unless that person satisfies the regional centre that the person is unable to induce

the child to attend public school.

2018, c. 1, Sch. A, s. 37.

Prima facie proof

38 Upon filing with a court, each of the following documents is prima

facie proof of its content:

(a) an affidavit of a person designated by a regional centre that a

notice under Section 37 was served on a parent or person in charge of a child;

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(b) a certificate purporting to be signed by a teacher, without

proof of the teacher’s appointment or signature, that a child was absent from

school for a period of five or more school days, not necessarily consecutive,

following the receipt of the warning notice by a parent or person in charge of

the child.

2018, c. 1, Sch. A, s. 38.

PRINCIPALS AND VICE-PRINCIPALS

Duties

39 (1) The principal of a public school under the jurisdiction of a

regional centre is the educational leader of the school and has management respon-

sibility for the school, including supervision of teachers and other staff.

(2) It is the duty of every principal to

(a) ensure that the public school program and curricula are

implemented;

(b) keep attendance records respecting every student

enrolled at the school and report thereon to the regional executive

director as required by the regional executive director;

ter, take all reasonable steps to secure full and regular attendance at

school by the students enrolled in the school;

(d) communicate regularly with the parents of students;

(e) ensure that reasonable steps are taken to create and

maintain a safe, orderly, positive and effective learning environment;

(f) investigate and respond to reports of unacceptable

behaviour of students, and, where the principal believes the well-

being of a student has been endangered as a result of the unacceptable

behaviour of any other student, notify the parents of the students;

(g) ensure that Provincial and regional centre policies are

followed;

(h) identify the staffing needs of the school;

(i) assist the regional executive director with the selection

and hiring of staff for the school in accordance with policies estab-

lished by the regional centre;

(j) evaluate the performance of teachers and other staff of

the school;

(k) discipline teachers and other staff of the school in

accordance with policies established by the regional centre;

(l) assist the regional centre in the development and

implementation of professional-development programs;

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(m) encourage teachers and other staff of the school, stu-

dents and parents to participate in school decision-making through

school advisory councils and committees;

(n) participate in the establishment and operation of a

school advisory council;

(o) assist in the development of school improvement plans

and, upon approval by the regional centre, co-ordinate their imple-

mentation;

(p) account to the regional executive director for money

received from the regional centre or any other source;

(q) account to the Minister, through the regional executive

director, for the performance of the school;

(r) co-operate with the staff of other departments to better

meet the needs of the students in the school; and

(s) perform such other duties as are prescribed by this Act

or the regulations or assigned by the regional executive director.

(3) A vice-principal may perform any duty of a principal assigned

to the vice-principal by the principal, regional executive director or other senior

staff of a regional centre, and any other duties prescribed by regulations.

2018, c. 1,

Sch. A, s. 39.

Evaluation

40 The regional executive director, or such other senior staff member of

the regional centre as the regional executive director may designate, is responsible

for the evaluation of principals and vice-principals employed by the regional centre

with respect to their duties, including any teaching duties.

2018, c. 1, Sch. A, s. 40.

May perform duties of teacher

41 (1) Subject to subsection (2), a principal or vice-principal may

perform the duties of a teacher.

(2) A principal or vice-principal may not spend more than half of

the principal’s or vice-principal’s working hours during a school year performing

the duties of a teacher.

2018, c. 1, Sch. A, s. 41.

TEACHERS

Duties

42 (1) It is the duty of every teacher in a public school under the

jurisdiction of a regional centre to

(a) respect the rights of students;

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(b) teach diligently the subjects and courses of study pre-

scribed by the regulations that are assigned to the teacher by the

regional centre;

learning environment aimed at helping students achieve learning out-

comes;

(d) encourage students in the pursuit of learning;

(e) monitor the effectiveness of the teaching strategies by

analyzing outcomes achieved;

(f) acknowledge and, to the extent reasonable, accommo-

date differences in learning styles;

(g) participate in individual-program planning and imple-

ment individual program plans, as required, for students with special

needs;

(h) review regularly with students their learning expecta-

tions and progress;

(i) conduct such assessments and evaluations as are nec-

essary to document student progress;

(j) administer such evaluation and assessment instruments

as required by the regional centre or by the Minister;

(k) take all reasonable steps necessary to create and main-

tain an orderly and safe learning environment;

(l) maintain appropriate order and discipline in the school,

room or grounds in the teacher’s charge and report to the principal or

other person in charge of the school the conduct of any student who

engages in unacceptable behaviour;

(m) maintain an attitude of concern for the dignity and wel-

fare of each student and encourage in each student an attitude of con-

cern for the dignity and welfare of others and a respect for religion,

morality, truth, justice, love of country, humanity, equality, industry,

temperance and all other virtues;

(n) attend to the health, comfort and safety of the students;

(o) report immediately to the principal the existence of any

infectious or contagious disease in the school or the existence of any

unsanitary condition in the school buildings or surroundings, and per-

form such duties as are from time to time prescribed by or under the

Health Protection Act;

(p) take all reasonable steps to secure full and regular

attendance at school of the students under the teacher’s supervision;

(q) keep accurate attendance records and report absent stu-

dents to the principal;

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(r) communicate regularly with parents in accordance

with policies established by the regional centre;

(s) keep such records as are required by the regional cen-

tre or the Minister and permit the inspection of those records by the

regional centre, the regional executive director or regional executive

director’s representative, the principal, the supervisor and the Minis-

ter or Minister’s representative or, upon their request, provide the

records to any of them;

(t) assist in the development and implementation of a

school improvement plan;

(u) maintain the teacher’s professional competence;

(v) serve, to the extent reasonable, on committees estab-

lished within the school to improve student achievement and success;

(w) implement programs and courses as prescribed by the

public school program; and

(x) perform such other duties as are prescribed by this Act

or the regulations.

(2) A teacher is accountable to the regional centre through the

principal of the teacher’s assigned school with respect to the performance of the

teacher’s responsibilities.

2018, c. 1, Sch. A, s. 42.

Authority

43 A teacher has general oversight and supervision over school premises

during school hours and, subject to the authority of the regional centre and the prin-

cipal, may exclude from those premises any person who is not a student enrolled in

the school and disturbs the learning environment.

2018, c. 1, Sch. A, s. 43.

Teacher’s certificate or permit

44 Except as provided in this Act or the regulations, a regional centre

shall not engage as a teacher or permit to teach in a public school a person who does

not hold a teacher’s certificate or permit under this Act.

2018, c. 1, Sch. A, s. 44.

Student teachers

45 Every regional centre and every teacher employed by a regional cen-

tre shall admit to classrooms under the jurisdiction of the regional centre students

who are enrolled in a teacher training course approved by the Minister and the

instructors of those students for the purpose of observation and teaching practice,

and shall give them any assistance requested by the instructors.

2018, c. 1, Sch. A, s. 45.

Classification decisions remain valid

46 (1) A determination under this Act or the former Act of the classi-

fication, reclassification, certificate or permit of a teacher, whether made before or

after the coming into force of this Act, is final and binding.

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(2) No determination under this Act or the former Act of the clas-

sification, reclassification, certificate or permit of a teacher, whether made before or

after the coming into force of this Act, gives rise to any cause of action for damages,

retroactive remuneration or other loss or damage of any kind.

(3) Notwithstanding subsection (2), retroactive remuneration may

be paid to a teacher as the result of a reclassification in accordance with the terms of

a professional agreement between the Minister and the Nova Scotia Teachers’

Union setting out conditions with respect to the effective date of reclassification for

salary purposes.

2018, c. 1, Sch. A, s. 46.

Written contract required

47 Where a regional centre that has authority to engage a teacher

engages a teacher other than a substitute teacher, the regional centre shall enter into

a written contract with the teacher in such form as may be approved by the Minister.

2018, c. 1, Sch. A, s. 47.

Notice of termination

48 Notwithstanding any other provision of this Act, or any contract or

agreement between or governing a regional centre and a teacher,

(a) the date for a teacher giving notice of termination of the

teacher’s contract is deemed to be April 15th in the year in which the con-

tract is to be terminated at the end of the school year; and

(b) the date for a regional centre giving notice of termination of a

teacher’s contract is deemed to be May 15th in the year in which the contract

is to be terminated at the end of the school year.

2018, c. 1, Sch. A, s. 48.

Suspension of a teacher

49 A regional centre may suspend, for just cause, with or without loss of

salary but without loss of other benefits, any teacher in its employ at any time for a

reasonable period, and a written report stating the reason for the suspension must be

furnished to the teacher within seven days of the date of suspension.

2018, c. 1, Sch. A,

s. 49.

Discharge for just cause

50 (1) A regional centre may, at any time, for just cause, by notice in

writing, discharge any teacher in its employ.

(2) Where a regional centre terminates a probationary contract,

the termination is not subject to any grievance procedure provided in a contract

relating to the employment of the teacher or to any appeal.

2018, c. 1, Sch. A, s. 50.

Teacher may lawfully terminate contract

51 Nothing in this Act prevents a teacher from terminating a contract in

accordance with the terms and conditions of the contract or in accordance with any

method permitted by law.

2018, c. 1, Sch. A, s. 51.

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SUPPORT STAFF

Duties

52 (1) It is the duty of every support staff member of a regional cen-

tre to

(a) support students in their participation in school activi-

ties;

(b) maintain an attitude of concern for the dignity and wel-

fare of each student;

director, principal, teachers, students and other staff members to

maintain an orderly, safe and supportive learning environment;

(d) report to the principal or other person in charge of a

school the conduct of any student who engages in unacceptable

behaviour;

(e) respect the rights of students;

(f) participate in staff-development opportunities identi-

fied by the person to whom the staff member reports, if requested to

do so; and

(g) subject to any applicable collective agreement in effect

when this Act comes into force, perform such other duties as are

assigned by the regional centre, the regional executive director or the

principal.

(2) Every support staff member employed in a school is accounta-

ble to the principal or other person designated by the regional centre.

2018, c. 1,

Sch. A, s. 52.

VOLUNTEERS

Permitted to assist, policies

53 (1) A regional centre may permit volunteers to assist in its

schools in accordance with applicable policies.

(2) Where a regional centre permits volunteers to assist in its

schools, it shall establish policies respecting the role of the volunteers consistent with

any provincial volunteer policy established by the Minister.

2018, c. 1, Sch. A, s. 53.

RECORD CHECKS

Interpretation

53A In Sections 53A to 53F and clauses 97(la) to (lj),

(a) “Child Abuse Register” means the Child Abuse Register

established by the Minister of Community Services under the Children and

Family Services Act;

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(b) “criminal record check” means a record prepared by a police

agency or other service that contains information on whether an individual

has any conviction or has any outstanding charge awaiting disposition under

a federal or Provincial enactment;

criminal record check, a vulnerable sector check and such other checks as

may be prescribed by the regulations;

(d) “vulnerable sector check” means a search of the automated

criminal conviction records retrieval system maintained by the Royal Cana-

dian Mounted Police in accordance with the Criminal Records Act (Canada).

2019, c. 14, s. 1.

Requirement

53B An education entity shall inform a person of the requirement for

record checks under this Act and the regulations if the person is employed by, or

applies for employment or other engagement with the education entity, in a position

for which record checks are required.

2019, c. 14, s. 1.

Types and use of record checks

53C (1) An education entity shall require, in accordance with the regu-

lations, a person who has been offered employment or other engagement by the edu-

cation entity and whose position would require direct contact with students or who

would occupy a position of trust or authority toward students or vulnerable persons

to provide

(a) a vulnerable sector check or authorization to conduct a

vulnerable sector check;

(b) a Child Abuse Register search; and

scribed by the regulations.

(2) An education entity shall require a person who has been

offered employment or other engagement by the education entity who is not

required to provide a record check under subsection (1) to provide a criminal record

check in accordance with the regulations.

(3) An education entity may refuse to hire or engage a person

based on information obtained pursuant to subsection (1) or (2).

2019, c. 14, s. 1.

Results must be collected

53D An education entity shall collect the results of a current criminal

record check with respect to an employee or class of persons prescribed by the reg-

ulations in accordance with a schedule and any other requirements respecting crimi-

nal records checks prescribed by the regulations.

2019, c. 14, s. 1.

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May require annual declaration

53E Where prescribed by the regulations, an education entity may require

an employee to submit an annual declaration with respect to whether the employee

has had a conviction for a criminal offence.

2019, c. 14, s. 1.

Charge or conviction must be disclosed

53F Where an employee of an education entity is subject to a charge or

conviction for a criminal offence by a court in or outside of Canada, the employee

shall disclose that charge or conviction to the education entity.

2019, c. 14, s. 1.

REGIONAL CENTRES FOR EDUCATION

Corporation sole

54 The Minister is hereby constituted a corporation sole as a regional

centre with respect to each of the former regional school boards dissolved by this

Act.

2018, c. 1, Sch. A, s. 54.

Establishment, geographic boundaries

55 (1) The Governor in Council, on the recommendation of the Min-

ister, may

(a) establish or dissolve a regional centre or amalgamate a

regional centre with another regional centre;

(b) designate a geographic area of the Province as a school

region to be served by a regional centre;

(d) annex the whole or any part of a school region to

another school region; and

(e) determine the name of a regional centre or a school

region.

(2) The exercise by the Governor in Council of the authority con-

tained in subsection (1) is a regulation within the meaning of the Regulations Act.

2018, c. 1, Sch. A, s. 55.

Rights of natural person

56 A regional centre has the capacity and, subject to this Act and the reg-

ulations, the rights, powers and privileges of a natural person.

2018, c. 1, Sch. A, s. 56.

Crown agent

57 For the purpose of this Act and in the exercise of the powers and the

performance of the duties of a regional centre, the Minister is an agent of His Maj-

esty in right of the Province. 2018, c. 1, Sch. A, s. 57.

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Proceedings against the Crown Act

58 Actions, suits or other legal proceedings with respect to any right or

obligation acquired or incurred by a regional centre may be brought or taken by or

against the regional centre in the name of the regional centre in the manner provided

by the Proceedings Against

[against] the Crown Act for an action against His Maj-

esty in right of the Province. 2018, c. 1, Sch. A, s. 58.

Exemption from taxation

59 A regional centre, its property and assets are not subject to taxation.

2018, c. 1, Sch. A, s. 59.

Property vested in Crown

60 For the purpose of Sections 80 and 81 of the Municipal Government

Act and Sections 103 and 104 of the Halifax Regional Municipality Charter, prop-

erty vested in a regional centre is considered to be the property of His Majesty in

right of the Province.

2018, c. 1, Sch. A, s. 60.

Duties

61 A regional centre shall, in accordance with this Act and the regula-

tions,

(a) promote excellence in education and the achievement of all

students enrolled in its schools and programs;

(b) develop and implement educational programs for students

with special needs within regular instructional settings with their peers in

age, in accordance with the regulations and the Minister’s policies and

guidelines;

services in the school region under its jurisdiction;

(d) provide for the education and instruction of all students

enrolled in its schools and programs in accordance with this Act and the reg-

ulations;

(e) facilitate vibrant community involvement in the effective

delivery of education, including engagement and consultation with school

advisory councils on issues within the prescribed mandate of the school

advisory councils; and

(f) represent regional perspectives in the development of provin-

cial and local policies and programs.

2018, c. 1, Sch. A, s. 61.

Powers

62 A regional centre may, in the performance of its duties,

(a) work with and share services with another regional centre, the

Conseil scolaire acadien provincial, the Bureau or a department;

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(b) hire, pay, promote, demote, reassign, discipline and dismiss

staff of the regional centre;

(d) enter into agreements with any persons, municipalities, organ-

izations or governments to advance the purpose of this Act, administer pro-

grams or provide for services;

(e) where directed by the Minister, provide such programs and

services as the Minister considers desirable; and

(f) subject to the direction of the Minister, do such things as may

be necessary for or incidental to the exercise of its powers and the perfor-

mance of its duties.

2018, c. 1, Sch. A, s. 62.

Support of operations

63 The operations of a regional centre are to be supported by the Depart-

ment and may be supported by the Bureau as and in the manner prescribed by the

Minister.

2018, c. 1, Sch. A, s. 63.

Duties of Deputy Minister

64 Under the direction of the Minister, the Deputy Minister of the

Department shall

(a) supervise the administration and management of the regional

centres; and

(b) perform such duties as the Minister or the Governor in Coun-

cil assigns to the Deputy Minister.

2018, c. 1, Sch. A, s. 64.

REGIONAL EXECUTIVE DIRECTORS OF EDUCATION

Appointment

65 (1) The Minister shall appoint a regional executive director of

education for a regional centre.

(2) A regional executive director is an employee of the Depart-

ment.

2018, c. 1, Sch. A, s. 65.

Duties

66 (1) A regional executive director is accountable to the Deputy

Minister of the Department and, subject to this Act, the regulations and the direction

of the Minister, has overall responsibility for

(a) the efficient operation of the regional centre office and

public schools and services in the school region;

(b) the supervision of all employees of the regional centre;

and

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schools in the school region.

(2) It is the duty of every regional executive director to

(a) administer and evaluate the programs offered by the

regional centre;

(b) oversee the carrying out of Provincial policies and the

regional centre’s policies;

public school program;

(d) maintain a safe, orderly and supportive learning envi-

ronment in all schools in the school region;

(e) provide leadership in the school region and work

closely with principals and staff in promoting quality education,

enhanced community involvement and the efficient delivery of the

public school program and related services;

(f) establish performance standards and a process for the

supervision and evaluation of staff;

(g) co-operate with other education entities, the Depart-

ment and other departments to ensure the effective and efficient car-

rying out of this Act and the regulations;

(h) report annually on the performance of the students and

schools in the school region and upon such other matters as the Min-

ister may direct; and

(i) perform such other duties as are prescribed by this Act

or the regulations or assigned by the Minister.

2018, c. 1, Sch. A, s. 66.

FUNDING

Financial assistance and municipal contributions

67 The Minister shall, in each fiscal year, provide to a regional centre

and each municipality, that in accordance with this Act is to make payments to the

regional centre, a statement for the immediately following fiscal year of

(a) the amount of financial assistance to be paid by the Minister

to the regional centre;

(b) the total of the minimum municipal contributions to be paid

by the municipalities to the regional centre; and

mining the minimum municipal contributions.

2018, c. 1, Sch. A, s. 67.

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Statement for municipality

68 Within 30 days of receipt from the Minister of a statement under Sec-

tion 67, a regional centre shall submit to each municipality in the school region, a

statement setting out, for the fiscal year with respect to which the Minister’s state-

ment is made,

(a) the amount of the minimum municipal contribution that the

municipality is required to pay under clause 70(1)(a); and

(b) any additional amount that the municipality is requested to

pay under clause 70(1)(b).

2018, c. 1, Sch. A, s. 68.

Statement of estimated revenues and expenditures

69 Within 90 days of receipt of the Minister’s statement under Sec-

tion 67, a regional centre shall prepare, in the form prescribed by the Minister, a

statement of all estimated revenues and expenditures for the education program

and services proposed by the regional centre.

2018, c. 1, Sch. A, s. 69.

Payments by municipality to regional centre

70 (1) Unless an agreement made between a municipality and

regional centre under subsection (2) otherwise provides, a municipality shall pay to

the regional centre

(a) the minimum municipal contribution that is required to

be paid by the municipality to the regional centre; and

(b) to the extent that the amount has been approved by the

municipality, the municipality’s proportion of the amount that is

requested by the regional centre to provide for the estimated expendi-

tures of the regional centre, after deducting

(i) the amount of the Minister’s contribution as set

out in the Minister’s statement under Section 67, and

(ii) the sum of the minimum municipal contribu-

tions to be made by the participating municipalities under

clause (a).

(2) Notwithstanding subsection (1), a regional centre may, with

the consent of the Minister and by agreement with all the municipalities within the

school region, vary the minimum municipal contribution of each of the municipali-

ties within the school region if the combined minimum municipal contributions

made under the agreement equal the total minimum municipal contributions due to

the regional centre under subsection (1).

(3) The amount required to be paid to a regional centre by a

municipality under subsection (1) shall be paid in 12 equal monthly instalments in

each fiscal year unless the regional centre and the municipality agree otherwise.

2018, c. 1, Sch. A, s. 70.

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Borrowing

71 Where the council of a municipality refuses or neglects to make pro-

vision for or to pay to the regional centre the amounts payable to the regional centre

under Section 70, the regional centre may borrow the amount, or so much thereof as

is so refused or withheld, from any bank or person who will advance the same, and

the amount so advanced, together with interest and all other borrowing and recovery

expenses, may be recovered in an action against the municipality.

2018, c. 1, Sch. A,

s. 71.

SCHOOL FACILITIES

School closing

72 A regional centre may close a school in accordance with a process

approved by the Minister.

2018, c. 1, Sch. A, s. 72.

Deemed closed

73 A public school is deemed to be permanently closed if

(a) all of the school buildings have been vacant for at least one

school year prior to the coming into force of this Section;

(b) the buildings are not being renovated; and

2018, c. 1, Sch. A, s. 73.

Building unfit for public school purposes

74 A regional centre may declare any building used for public school

purposes or any part of a building used for public school purposes, or the appurte-

nances or grounds thereof, to be unfit for public school purposes.

2018, c. 1, Sch. A,

s. 74.

Lease or rental

75 (1) A regional centre may enter into and carry out a lease or

agreement for the renting of premises for public school purposes.

(2) No lease or agreement may be entered into under subsection (1)

that

(a) fails to place the rental premises completely under the

control of the regional centre; or

(b) contains any undertaking or agreement that abridges or

modifies any power or duty of the regional centre.

2018, c. 1, Sch. A,

s. 75.

Consequence of declaring building unfit

76 When a regional centre declares that a school house or building used

for public school purposes or a part of a school house or such a building or the

appurtenances or grounds thereof are unfit for public school purposes, the regional

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centre shall notify the municipality in which the school house or building is located

and, unless otherwise provided by the regional centre, the declaration takes effect at

the commencement of the next academic school year, and the school house or build-

ing or part thereof or grounds or appurtenances may not thereafter be used for

school purposes without the approval of the regional centre.

2018, c. 1, Sch. A, s. 76.

Control and management

77 (1) A building owned by a municipality and used for school pur-

poses by a regional centre is under the exclusive control and management of the

regional centre and the regional centre is responsible for providing adequate mainte-

nance and repairs and shall insure the building in an amount agreed upon by the

municipality and the regional centre.

(2) The regional centre shall notify the municipality if land and

buildings owned by the municipality are no longer required for the purposes of the

regional centre.

(3) Subject to subsection (4), where an education entity no longer

requires land and any pre-1981 buildings on the land, the Minister may require the

lands and the buildings to be conveyed to the Province subject to any lien, mortgage

or charge in respect of unmatured debt that exists at the time the land and buildings

are declared to be no longer required.

(4) A municipality, unless it is excluded by the regulations, has

the first right to offer to purchase the land and building referred to in subsection (3)

from the Province for a negotiated amount, if the Province has no Provincial pur-

pose for the land or building.

2018, c. 1, Sch. A, s. 77; 2023, c. 14, s. 6.

Distribution of proceeds from sale or destruction

78 (1) Where alterations, additions or improvements are made to

public school property owned by a municipality, the municipality holds such prop-

erty upon trust that the regional centre is entitled to receive

(a) in the event of the sale of such property; or

(b) in the event of partial or complete destruction of the

property,

the proportion of the proceeds from the sale, or any insurance recovery, less any

amount required to be paid to His Majesty in right of the Province under subsection

(3), that the value of alterations, additions or improvements made by or on behalf

of the regional centre is to the appraised value of the whole property, and such pro-

portion must be paid as directed by the Minister.

(2) Notwithstanding subsection (1), where a building owned by a

municipality or the regional centre and used for public school purposes is partially

or completely destroyed and the regional centre requires that the building be

repaired or replaced, the regional centre is entitled to receive the proceeds from any

insurance recovery and shall pay the proceeds as directed by the Minister.

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(3) Where a municipality receives the proceeds from an insurance

recovery with respect to a building owned by the municipality and used for school

purposes and there is debt owed on the school property for which His Majesty in

right of the Province is responsible, the municipality shall pay the amount of the

outstanding debt to His Majesty in right of the Province out of the insurance recov-

ery.

2018, c. 1, Sch. A, s. 78.

COMMUNITY FACILITIES

Agreement re costs

79 (1) A regional centre and a municipality may enter into an agree-

ment whereby the municipality agrees to pay the capital cost of a community facil-

ity to be acquired by the regional centre in or in association with a public school and

the cost of maintaining and operating the community facility.

(2) For the purpose of this Act, a school property includes a pro-

posed school property.

(3) For the purpose of this Act, the capital cost of a community

facility or a school property includes all costs incurred in acquiring the community

facility or the school property, including costs of acquiring land and costs of design-

ing, constructing, furnishing and equipping the community facility.

(4) An agreement may not be entered into unless the agreement

relates to a community facility that is part of a school property, and a municipality

may not pay the capital cost of a community facility that is an alteration, addition or

improvement to a school property except under an agreement.

(5) An agreement with respect to a community facility must

(a) describe the community facility and school property to

which the agreement relates;

(b) set out the capital cost of the community facility,

expressed as either

(i) an amount of money, or

(ii) a proportion of the combined capital cost of the

community facility and the school property to which the

agreement relates;

agreement respecting the operation and maintenance of the commu-

nity facility;

(d) set out the respective rights of the parties to the agree-

ment with respect to access to and use of the community facility; and

(e) include such provisions as are necessary or conducive

to carrying out the intent and purpose of the agreement.

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(6) A copy of an agreement with respect to a community facility,

executed by both parties thereto, and on which is endorsed the approval of the Min-

ister, must be filed with the Minister, the Minister of Municipal Affairs and Housing

and the Minister of Communities, Culture, Tourism and Heritage.

2018, c. 1, Sch. A,

s. 79; O.I.C. 2021-209; O.I.C. 2021-215.

Powers to comply with agreement

80 (1) A regional centre and a municipality may

(a) do every act, exercise every power and expend every

sum of money necessary or proper for the purpose of implementing

in every respect all of its obligations under an agreement with respect

to a community facility; and

(b) do and perform the acts, matters and things that the

agreement provides be done or performed by them in the manner,

with the effect and under the conditions stipulated and provided in the

agreement.

(2) All money required for the payment or performance by the

municipality of its obligations under an agreement with respect to a community

facility is deemed to be money required for the ordinary lawful purposes of the

municipality and must be levied, raised and collected in all respects as other money

required for the ordinary lawful purposes of the municipality is levied, raised and

collected.

(3) For the purpose of raising money to pay or perform its obliga-

tions under an agreement with respect to a community facility, the municipality may

recover annually, from the area that benefits from the community facility to which

the agreement relates, the amount required to pay such amounts by an area rate to be

collected in the same manner as municipal rates and taxes with the same rights and

remedies in the event of default of payment and, for greater certainty, the amount

may be rated without a petition of the ratepayers.

(4) Any money required by the municipality for the purpose of

paying the capital cost of a community facility under an agreement may be bor-

rowed, and such borrowing is and is deemed to be for a municipal purpose within

the meaning of the Municipal Government Act and the Halifax Regional Municipal-

ity Charter.

2018, c. 1, Sch. A, s. 80.

Agreement re alteration, addition or improvement

81 (1) Where the community facility to which the agreement relates

is an alteration, addition or improvement to a school property owned by a regional

centre, the regional centre holds the school property in trust.

(2) The municipality is entitled to receive

(a) in the event of the sale of the property; or

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(b) in the event of partial or complete destruction of the

property,

a share of the proceeds from the sale or any insurance recovery, less any amount

required to be paid to His Majesty in right of the Province under this Act.

(3) The municipality’s share is equal to the proportion that the

capital amount paid by the municipality under the agreement bears to the appraised

value of the whole property.

(4) Every amount recovered by the municipality under this Sec-

tion must be paid into the special reserve fund of the municipality.

(5) A regional centre may not sell a school property to which an

agreement with respect to a community facility relates without first offering to sell

the school property to the municipality.

2018, c. 1, Sch. A, s. 81.

Ministerial approval required

82 Nothing in this Act respecting an agreement with respect to a com-

munity facility means or may be construed to mean that either a municipality or a

regional centre is relieved from obtaining a consent or approval of the Minister or

the Minister of Municipal Affairs and Housing required by this or another enact-

ment.

2018, c. 1, Sch. A, s. 82; O.I.C. 2021-209.

HOME EDUCATION

Requirements

83 (1) A parent may provide to a child of the parent a home educa-

tion program centred in the child’s home.

(2) A parent providing a home education program to a child shall,

as prescribed by the regulations,

(a) register the child for each school academic year with

the Minister; and

(b) report the child’s progress to the Minister.

(3) With the approval of the regional centre, a child in a home

education program may attend courses offered by a regional centre, subject to any

terms and conditions prescribed by the regional centre.

(4) The Minister may require the parent of a child in a home edu-

cation program to provide evidence of the child’s educational progress by providing

one or more of the following as the parent determines:

(a) results of a standardized test;

(b) an assessment from a qualified assessor;

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(5) Notwithstanding subsection (4), where, in the Minister’s opin-

ion, further evidence of a child’s educational progress is required, the Minister may

appoint an independent assessor to assess and report to the Minister whether

(a) the child is making reasonable educational progress;

(b) the home education program is adequately addressing

the child’s needs; and

further the child’s educational progress than the home education pro-

gram.

(6) A parent may request that a child in a home education pro-

gram be assessed, in accordance with the regulations, through an assessment instru-

ment authorized by the Minister to determine the child’s educational progress.

(7) Where, following participation in a home education program,

a child enrolls in a public school under the jurisdiction of a regional centre, the

regional centre shall determine the child’s grade placement.

2018, c. 1, Sch. A, s. 83.

May not be provided or continued

84 (1) A parent may not provide or continue to provide a home edu-

cation program to a child if, based on the evidence provided and the report made

under Section 83, the Minister determines that

(a) the home education program does not meet the require-

ments of this Act and the regulations; or

(b) the child is not making reasonable educational pro-

gress as determined by the child’s performance.

(2) Before making a determination under subsection (1), the Min-

ister shall

(a) notify the parent, in writing, by registered mail of the

Minister’s intent to make the determination; and

(b) give the parent an opportunity to make representation

to the Minister in writing as to why the home education program

should be provided or continued.

2018, c. 1, Sch. A, s. 84.

PRIVATE SCHOOLS

Permitted

85 A child may attend a private school.

2018, c. 1, Sch. A, s. 85.

Requirements

86 (1) A private school

(a) must meet local health, safety and building standards;

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(b) shall give notice of its operation with the Minister in

the manner required by the Minister;

school, as required by the Minister; and

(d) where requested by the Minister, provide evidence that

students are making reasonable educational progress appropriate for

their age and grade level based upon results of nationally or interna-

tionally recognized standardized achievement tests.

(2) The Minister may appoint or designate a regional education

officer to assess a private school, including its teachers, its educational programs

and its instructional materials, to inspect its facilities and to perform such other

duties with respect to the private school as the Minister may require.

(3) A private school may offer a religious-based curriculum.

2018,

c. 1, Sch. A, s. 86.

High school leaving certificate

87 Upon application by a private school to the Minister in accordance

with the regulations, the Minister may recognize the school’s program of studies as

meeting the requirements for a high school leaving certificate.

2018, c. 1, Sch. A, s. 87.

NOVA SCOTIA EDUCATION COMMON SERVICES BUREAU

Corporation sole

88 The Minister is hereby constituted a corporation sole under the name

of the Nova Scotia Education Common Services Bureau.

2018, c. 1, Sch. A, s. 88.

Objects

89 The objects of the Bureau are

(a) to provide services to support the efficient administration and

operation of the education system;

(b) to provide and administer services for the benefit of individu-

als or groups related to the education system, including the administration of

pensions and benefits to designated individuals employed by education enti-

ties; and

able.

2018, c. 1, Sch. A, s. 89.

Powers

90 Subject to the direction of the Minister, the Bureau may do all things

necessary or desirable for the attainment of its objects or incidental thereto includ-

ing, without limiting the generality of the foregoing,

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(a) provide the services it is required to provide under the regula-

tions;

(b) hire, pay, promote, demote, reassign, discipline and dismiss

staff of the Bureau;

and sell, convey and lease, mortgage or transfer the same;

(d) borrow money from any person or corporation and give secu-

rity for any money so borrowed on any of the real and personal property of

the Bureau by way of mortgage or otherwise;

(e) accept and administer all gifts, legacies or bequests that may

be given to the Bureau, a regional centre or the Department;

(f) expend any money of the Bureau; and

(g) charge the fees set under the regulations.

2018, c. 1, Sch. A, s. 90.

Records

91 (1) In this Section, “records” means records as defined in the

Freedom of Information and Protection of Privacy Act.

(2) Records collected or used by the Bureau for the purpose of

providing shared services to an education entity, department or public sector entity

may be deemed by the regulations to be in the custody or under the control of the

Bureau or an education entity, department or public sector entity for the purpose of

the Freedom of Information and Protection of Privacy Act.

2018, c. 1, Sch. A, s. 91.

GENERAL

Auditor General

92 (1) The payments made by the Minister or a regional centre for all

or a portion of the cost of any policy of insurance or any other benefits plan pro-

vided to teachers including, without limiting the generality of the foregoing, life

insurance, accidental death and dismemberment insurance or medical and dental

plans are financial assistance for the purpose of the Auditor General Act and subject

to audit by the Auditor General.

(2) The Auditor General is entitled to free access at all times to

the records, documents, books, accounts and vouchers of a regional centre and to

receive from the officers and employees of the regional centre such information and

explanations that, in the opinion of the Auditor General, are necessary for the per-

formance of the Auditor General’s duty.

(3) Every official and employee of a regional centre shall

promptly provide to the Auditor the access, information and explanations to which

the Auditor General is entitled.

2018, c. 1, Sch. A, s. 92.

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Collection and use of personal information by Minister

93 The Minister may collect, directly and indirectly, and use personal

information for

(a) administering this Act and the regulations and implementing

the policies, guidelines and directives made under this Act;

(b) ensuring compliance with this Act, the regulations and the

policies, guidelines and directives made under this Act;

provides or funds, in whole or in part, allocating resources to any of them

and evaluating or monitoring any of them; and

(d) research and statistical activities that relate to education and

are conducted by or on behalf of the Government.

2018, c. 1, Sch. A, s. 93.

Collection and use of personal information by regional centre

94 A regional centre may collect, use and disclose to the Minister per-

sonal information for the purposes of

(a) planning and management of public schools and programs and

services under its jurisdiction;

(b) research and statistical activities that relate to education and

are conducted by or on behalf of the regional centre or the Minister; and

2018, c. 1, Sch. A, s. 94.

Limits on collection and use of personal information

95 (1) The Minister may not collect or use personal information if

other information would serve the purpose of the collection or use.

(2) The Minister may not collect or use more personal informa-

tion than is reasonably necessary to meet the purpose of the collection or use.

2018,

c. 1, Sch. A, s. 95.

Offence and penalty

96 (1) No person shall, in or upon any public school premises or

school bus and in the presence of any student attending that school, use profane,

threatening, abusive or improper language towards a teacher, other staff of the edu-

cation entity or the bus driver, or speak or act in such a way as to impair the mainte-

nance of discipline by the teacher in the school or the bus driver on the school bus.

(2) No person shall wilfully interrupt or disturb the proceedings

of a school meeting or a public school by acting in a disorderly manner or by mak-

ing a noise either within the place where the meeting is held or the school is con-

ducted or so near thereto as to interfere with the proceedings of the meeting or the

conduct of the school.

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(3) Every person who contravenes this Section is guilty of an

offence and liable on summary conviction to a fine of not more than $2,000 or to

imprisonment for six months, or to both.

2018, c. 1, Sch. A, s. 96.

Ministerial regulations

97 (1) The Minister may make regulations

(a) prescribing the public school program of education to

be provided and administered by education entities;

(b) prescribing the time in session, holidays and vacations

of all public schools;

tion to which students in public schools are entitled;

(d) prescribing courses of study and authorizing learning

materials for use in public schools;

(e) respecting the administration of the Nova Scotia

School Book Bureau;

(f) respecting the composition of and terms and conditions

for membership on PACE;

(g) after consultation with the Council on Mi’kmaq Edu-

cation, respecting the Council on Mi’kmaq Education;

(h) after consultation with the Council on African-Canadian

Education, respecting the Council on African-Canadian Education;

(i) respecting school advisory councils and regional

school advisory councils, including their establishment, composition,

powers, duties and other functions and the terms and conditions upon

which their members serve;

(j) establishing a provincial policy respecting special-

education programming and services;

(k) prescribing an appeal process for where there is a disa-

greement between a regional centre and a parent of a child with spe-

cial needs respecting an individualized program plan for that child;

(l) respecting students who have been suspended;

(la) designating a class of employees or persons for whom

a record check is required as a condition of employment or engage-

ment;

(lb) prescribing a particular type of records or background

check as a record check;

(lc) prescribing the record checks that must be collected

from a class of employees or persons;

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(ld) respecting requirements for a record check, including

the period of validity, the time frame within which it must be com-

pleted, its frequency and its form and substance;

(le) respecting the collection and authorization of a record

check;

(lf) exempting any persons or class of persons or circum-

stance from any of the requirements set out in Sections 53B to 53F or

the regulations and respecting conditions for such an exemption;

(lfa) excluding any municipality or class of municipality

from the first right of offer in subsection 77(4);

(lg) respecting the requirement for a class of employees or

persons to provide an annual declaration;

(lh) respecting the form, manner, content and collection of

an annual declaration;

(li) defining “criminal offence”, “direct contact”, “position

of trust” and “position of authority”;

(lj) respecting the requirement for an employee to disclose

to their employer if the employee is subject to a charge or conviction

for a criminal offence.

[;]

(m) defining “senior staff”;

(n) respecting an administrative structure for senior staff

and regional executive directors, where senior staff is not defined to

include them;

(o) for the support, conduct, operation and management of

public schools and services;

(p) respecting the circumstances under which a school

may be permanently closed;

(q) prescribing reporting systems and forms for the admin-

istration and effective carrying out of this Act;

(r) respecting the objects, duties and powers of the Bureau;

(s) respecting services to be provided by the Bureau;

(t) any other matter the Minister considers desirable to

effectively carry out the objects of the Bureau.

(2) The exercise by the Minister of the authority contained in sub-

section (1) is a regulation within the meaning of the Regulations Act.

2018, c. 1,

Sch. A, s. 97; 2019, c. 14, s. 2; 2023, c. 14, s. 7.

Governor in Council regulations

98 (1) The Governor in Council may make regulations

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(a) prescribing the legal age limit for students and the con-

ditions of satisfactory attendance for public schools;

(b) respecting mandatory attendance at school for residents

between the ages of five and 16 years;

of international students;

(d) respecting the fees to be paid by international students;

(e) prescribing the fees to be paid to the Minister for ser-

vices rendered by the Department;

(f) respecting the remuneration of and reimbursement for

expenses incurred by members of PACE;

(g) respecting the remuneration of and reimbursement for

expenses incurred by members of the Council on Mi’kmaq Educa-

tion;

(h) respecting the remuneration of and reimbursement for

expenses incurred by members of the Council on African-Canadian

Education;

(i) respecting students with special needs attending

approved special education private schools, including

(i) defining special needs,

(ii) determining eligibility requirements of students,

(iii) approving special education private schools,

(iv) respecting the monitoring of approved special

education private schools,

(v) respecting the funding with respect to students

with special needs attending approved special education pri-

vate schools, including grants or funding based on income,

(vi) prescribing fees,

(vii) providing for the appointment and remunera-

tion of a person to approve applications for funding referred to

in subclause (v),

(viii) respecting appeals, and

(ix) authorizing the Minister to perform the func-

tions referred to in subclauses (i) to (viii);

(j) respecting certificates of exemption from attendance at

school and certificates authorizing employment of a child during

school hours;

(k) respecting the classification of teachers and the grant-

ing, cancellation and suspension of teacher’s certificates and permits,

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and requiring the collection and payment of fees respecting initial

certificates, duplicate certificates and renewal certificates and higher

classes of certificates and statements of professional standing;

(l) prescribing restrictions or conditions on a teacher’s

certificate or a teaching permit;

(m) authorizing the holder of a teacher’s certificate or a

teaching permit to surrender the certificate or teaching permit;

(n) respecting the reporting of the suspension or cancella-

tion of, or restrictions or conditions on, a teacher’s certificate or a

teaching permit to education entities in the Province and teacher cer-

tification authorities within or outside of Canada;

(o) requiring teachers and any other class or classes of

employees of education entities or of persons providing services for

education entities to undergo medical examinations, prescribing the

nature of those examinations and the conditions under which they

must be given and, subject to the Health Protection Act, prescribing

the conditions under which such teachers and employees may con-

tinue teaching or in employment in or in connection with public

schools;

(p) prescribing terms and conditions relating to cancella-

tion, suspension or modification of contracts between teachers and

education entities as a result of medical examinations made under the

regulations;

(q) respecting the constitution of regional centres includ-

ing, without limiting the generality of the foregoing,

(i) respecting the establishment or dissolution of a

regional centre and the amalgamation of regional centres,

(ii) designating a geographical area of the Province

as a school region to be served by a regional centre,

(iii) altering the boundaries of a school region,

(iv) respecting the annexation of a school region to

another school region, and

(v) determining the name of a school region;

(r) respecting regional centres and their role in

(i) the education and instruction of students, and

(ii) the control and management of public schools

within their respective jurisdictions;

(s) prescribing duties of the regional executive director,

senior staff of a regional centre, principals, vice-principals and teach-

ers;

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(t) respecting the expenditure, by way of grants, of mon-

eys from time to time appropriated by the Legislature for grants for

educational purposes and prescribing the terms and conditions upon

which such grants shall be paid;

(u) subject to subsection (2), determining the rate to be

used in determining the minimum municipal contribution;

(v) respecting the construction, location and control of

public school buildings;

(w) respecting the use of shared services by education enti-

ties;

(x) respecting home education programs including, with-

out limiting the generality of the foregoing,

(i) defining “standardized test”, “qualified asses-

sor”, “portfolio of the child’s work” and “independent asses-

sor”,

(ii) respecting the appointment of independent

assessors, and

(iii) respecting the assessment of a child in a home

education program through an assessment instrument;

(y) respecting private schools;

(z) respecting fees that may be charged for services of the

Bureau;

(za) deeming records to be or not be in the custody or con-

trol of the Bureau or an education entity, department or public sector

entity for the purpose of Section 91;

(zb) respecting confidentiality of information held by an

education entity or a school with respect to students and the release of

such information;

(zc) defining any word or expression used but not defined

in this Act;

(zd) respecting any matter or thing the Governor in Council

considers necessary or advisable to effectively carry out the intent

and purpose of this Act.

(2) The rate determined under clause (1)(u) must be no greater

than a rate that would increase the total of the minimum municipal contributions

from the total minimum municipal contributions in the immediately preceding fiscal

year by the annual average percentage increase in the Consumer Price Index for the

Province for the preceding calendar year.

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(3) The exercise by the Governor in Council of the authority con-

tained in subsection (1) is a regulation within the meaning of the Regulations Act.

2018, c. 1, Sch. A, s. 98.

TRANSITIONAL AND CONSEQUENTIAL AMENDMENTS

Transitional

99 (1) In this Section,

(a) “benefits” means, with respect to an employee, bene-

fits to which the employee is entitled under a collective agreement or

contract of employment;

(b) “predecessor entity” means a regional school board or

the Nova Scotia School Boards Association;

(i) with respect to a predecessor entity that is a

regional school board, the regional centre that succeeds the

regional school board, and

(ii) with respect to the Nova Scotia School Boards

Association, the Bureau.

(2) Subject to subsection (3), upon the coming into force of this

Section,

(a) the predecessor entities are dissolved;

(b) the assets and liabilities of each predecessor entity

become the assets and liabilities of its successor entity;

successor entity does not void any policy of insurance with respect to

the asset, including any public liability insurance, and the successor

entity is deemed to be the insured party for the purpose of any such

policy;

(d) every successor entity is substituted for its predecessor

entity with respect to any agreement to which the predecessor entity

was a party;

(e) every employee of a predecessor entity becomes the

employee of its successor entity and is deemed to have been

employed by the successor entity for the same period of employment

that the employee was credited with as an employee of the predeces-

sor entity;

(f) for greater certainty, the continuity of employment of

an employee of a predecessor entity is not broken by the effect of

clause (e);

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(g) every individual who becomes the employee of a suc-

cessor entity under clause (e) is employed by the successor entity on

the same terms and conditions as to salary and benefits as those under

which the individual was an employee of its predecessor entity, until

lawfully changed;

(h) benefits accumulated by an employee of a predecessor

entity are vested in the employee and the employee is entitled to

receive those benefits from the successor entity;

(i) for greater certainty, every successor entity assumes

the obligations of its predecessor entity with respect to any pension

plan applicable to the predecessor entity;

(j) any disciplinary matter with respect to a member of the

staff of a regional school board that was commenced and not con-

cluded before April 1, 2018, may be continued with respect to the

member as an employee of the regional centre that succeeds the

regional school board.

(3) Upon the coming into force of this Section,

(a) an individual employed by a regional school board as

the superintendent of schools becomes an employee of the Depart-

ment as the regional executive director of the regional centre that suc-

ceeds the regional school board and is deemed to have been

employed by the Department for the same period of employment that

the individual was credited with as an employee of the regional

school board;

(b) for greater certainty, the continuity of employment of

an individual referred to in clause (a) is not broken by the effect of

that clause;

director under clause (a) is employed by the Department on the same

terms and conditions as to salary and benefits as those under which

the individual was an employee of a regional school board, until law-

fully changed;

(d) benefits accumulated by an individual employed as a

superintendent of schools are vested in the individual and the individ-

ual is entitled to receive those benefits from the Department; and

(e) for greater certainty, the Department assumes the obli-

gations of a regional school board with respect to any pension plan

applicable to the superintendent of schools of the regional school

board.

2018, c. 1, Sch. A, s. 99.

School advisory councils

100 A school advisory council established under the former Act is contin-

ued until July 31, 2018, or replaced by a school advisory council or regional school

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advisory council established under this Act, whichever is earlier. 2018, c. 1, Sch. A,

s. 100.

Anti-idling Act amended

101 amendment

Atlantic Provinces Special Education Authority Act amended

102 amendment

Civil Service Act amended

103 amendment

Defamation Act amended

104 amendment

Education Act amended

105 and 106 amendments

Elections Act amended

107 to 110 amendments

Fire Safety Act amended

111 amendment

Freedom of Information and Protection of Privacy Act amended

112 to 114 amendments

Government Records Act amended

115 amendment

Halifax Regional Municipality Charter amended

116 to 119 amendments

Health Authorities Act amended

120 amendment

Labour Standards Code amended

121 amendment

Lobbyists’ Registration Act amended

122 amendment

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Motor Carrier Act amended

123 amendment

Municipal Conflict of Interest Act amended

124 amendment

Municipal Elections Act amended

125 amendment

Municipal Finance Corporation Act amended

126 and 127 amendments

Municipal Fiscal Year Act amended

128 amendment

Municipal Government Act amended

129 to 131 amendments

Municipal Grants Act amended

132 amendment

Nova Scotia School Boards Association Act repealed

133 Chapter 317 of the Revised Statutes, 1989, the Nova Scotia School

Boards Association Act, is repealed.

2018, c. 1, Sch. A, s. 133.

Ombudsman Act amended

134 amendment

Pay Equity Act amended

135 to 137 amendments

Pre-primary Education Act amended

138 amendment

Provincial Court Act amended

139 amendment

Public Interest Disclosure of Wrongdoing Act amended

140 to 142 amendments

Public Procurement Act amended

143 amendment

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Public Service Superannuation Act amended

144 to 146 amendments

Public Services Sustainability (2015) Act amended

147 amendment

Regulations Act amended

148 amendment

Shared Services Act amended

149 amendment

Smoke-free Places Act amended

150 amendment

Teachers’ Professional Agreement and Classroom Improvements (2017) Act

amended

151 amendment

Trade Union Act amended

152 amendment

Utility and Review Board amended

153 amendment

Volunteer Protection Act amended

154 amendment

Effective date

155 This Act has effect on and after April 1, 2018.

2018, c. 1, Sch. A, s. 155.

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