Education Act

(1) In this Act,

"academic year" means the portion of the calendar year between the opening and closing dates of a school; (année d’enseignement)

"Aurora College" means Aurora College continued under the Aurora College Act; (Collège Aurora)

"bullying" means typically repeated and hostile or demeaning behaviour by a student,

"comité de parents francophones" means a parents’ advisory committee for French language programs established pursuant to paragraph 117(1)(v); (comité de parents francophones)

"commission scolaire francophone de division" means a commission scolaire francophone de division established under section 84; (commission scolaire francophone de division)

"community" means a municipality, an unincorporated community or a reserve, as defined in the Indian Act (Canada), that is within the Territories; (collectivité)

"conseil scolaire francophone" means a conseil scolaire francophone established pursuant to paragraph 117(1)(v); (conseil scolaire francophone)

"District Education Authority" means a District Education Authority or a public denominational District Education Authority established under this Act, or a body continued as a District Education Authority or public denominational District Education Authority by this Act; (administration scolaire de district)

"Divisional Education Council" means a Divisional Education Council established under this Act or a body continued as a Divisional Education Council by this Act; (conseil scolaire de division)

"education body" means a District Education Authority, a Divisional Education Council or a commission scolaire francophone de division, or all of them, as the case may be; (organisme scolaire)

"education district" means an education district or public denominational education district established under this Act or a school district, separate school district, education district or separate education district continued as an education district or public denominational education district by this Act; (district scolaire)

"education division" means an education division established under this Act or continued by this Act; (division scolaire)

"education program" means the program of education from kindergarten to grade 12 based on the curriculum established by the Minister, but does not include individual education plans; (programme d’enseignement) "education staff" means teachers, teacher interns, principals, acting principals, assistant principals, education consultants, education assistants and school counsellors; (personnel d’éducation)

"home schooling program" means a program of education carried out under section 20 in which a parent is primarily responsible for instructing his or her child; (programme d’enseignement à domicile)

"individual education plan" means an education plan developed for a student under section 9; (plan d’études individuel)

"interim trustee" means an interim trustee appointed under subsection 113(2); (administrateur provisoire)

"local program" means a program delivered by a District Education Authority in addition to a school program and includes but is not limited to religious instruction, adult education and early childhood development and care; (programme local)

"Official Language" means an Official Language referred to in section 4 of the Official Languages Act; (langue officielle)

"parent" means, except in section 72 and paragraph 117(1)(v), in respect of a student or child, the relevant person determined under subsection (2); (parent)

"private school" means a private school registered under section 21 and includes an aboriginal private school; (école privée)

"public denominational school" means a school established by a public denominational District Education Authority under this Act and in accordance with subparagraph 18(1)(o)(ii) of the Northwest Territories Act (Canada); (école confessionnelle publique)

"public school" means a school established by a District Education Authority that is not a public denominational District Education Authority; (école publique)

"ratepayer" means an assessed owner, shown on a municipal tax roll, who is or whose property is liable to taxation under the Property Assessment and Taxation Act; (contribuable) "safe schools plan" means a safe schools plan established for an education district under section 34.1; (plan de sécurité dans les écoles)

"school" means a public school, a public denominational school and a private school; (école)

"school premises" means the buildings, grounds and any other place where a school activity is conducted, including a bus or school bus or any other mode of transportation authorized by a District Education Authority, that is used on a school trip or to travel to or from school; (lieux scolaires)

"school program" means the education program as it is delivered by a public school or a public denominational school or a program of education delivered by a private school; (programme scolaire)

"school staff" means education staff, secretarial staff, custodial staff and all other persons employed or hired to work in a school; (personnel scolaire)

"school year" means the period beginning on July 1 in one year and ending on June 30 in the following year; (année scolaire)

"senior secondary education program" means grades 10, 11 and 12 of the education program; (programme d’enseignement de niveau secondaire de deuxième cycle)

"student" means a person who is registered with a school under this Act; (élève)

"Superintendent" means a Superintendent employed pursuant to this Act; (surintendant)

"teacher" means a person who holds a teaching certificate issued under the regulations and who is employed as a teacher to teach kindergarten or any of grades one to 12; (enseignant)

"teacher intern" means a person enrolled in a teacher training program at Aurora College or an approved institution as defined in the Student Financial Assistance Regulations made under the Student Financial Assistance Act; (enseignant stagiaire)

"Territorial School Code of Conduct" means the Territorial School Code of Conduct established under subsection 34(1). (code de conduite pour les écoles territoriales)

(1.1) For the purposes of the definition"bullying" in subsection (1), behaviour includes the use of any physical, verbal, electronic, written or other means.

(1.2) Bullying by electronic means, referred to in subsection (1.1) and commonly known as cyber-bullying, includes

(2) For the purposes of the definition "parent" in subsection (1), the parent of a student or child is the person mentioned in paragraph (a) unless the circumstances described in paragraphs (b) to (e) apply to the student or child, in which case the parent is the person mentioned in the last paragraph that applies to the student or child:

(3) For the purposes of subsection (2), where a person, other than the father or mother, is the parent of a student or child, that person shall, in addition to the requirements of subsection (2), provide to the principal,

SNWT 1996,c.10, s.2; SNWT 1998, c.17, s.9(2), (4.1)(a), (b),(5); SNWT 2003,c.9,s.3(2); SNWT 2003, c.31, s.90; SNWT 2005,c.14,s.4(2); SNWT 2006,c.6, s.31(2); SNWT 2007,c.3,s.2; SNWT 2011,c.8,s.9; SNWT 2014,c.10,s.5; SNWT 2013,c.18,s.2.

(1) Subject to subsections (2) and (3), a person referred to in subsection 5(1) who is a minor or a student who is a minor is resident at the place where his or her parent is resident.

(2) A person referred to in subsection (1) whose parent, for the purposes of this Act, is the Territorial director appointed under the Youth Justice Act or the Director of Child and Family Services, is resident at the place where the person is placed in open custody under the Youth Justice Act or the Youth Criminal Justice Act (Canada) or is placed under the Child and Family Services Act.

(3) If a person referred to in subsection 5(1) or a student is receiving care or other treatment in a medical or long-term care facility or a medical or treatment facility outside the community in which he or she would otherwise reside, the person or student is resident at the place in the Territories where the facility is located. SNWT 1998,c.17,s.9(6); SNWT 2003,c.9,s.3(2); SNWT 2003,c.31,s.90; SNWT 2005,c.14,s.4(3).

(1) Subject to subsection (2), a parent of a student has the powers, entitlements, duties and responsibilities conferred or imposed on a parent by this Act or the regulations only in respect of a student who is a minor.

(2) A student who is an adult and his or her parent may file an agreement in the form provided for in the regulations with the principal of the school with which the student is registered and, on filing the agreement, the parent has the powers, entitlements, duties and responsibilities conferred or imposed on a parent by this Act or the regulations that the parent and student agree the parent shall have in respect of the student. SNWT 1996,c.10,s.4.

(1) The provisions of this Act apply to public schools, public denominational schools, private schools and home schooling programs unless otherwise indicated.

(2) Subject to subsection (3), this Act does not apply to a person placed in custody at a correctional centre, as defined in the Corrections Act, or placed in continuous custody under the Youth Justice Act or the Youth Criminal Justice Act (Canada).

(3) Section 5 applies to a person referred to in subsection (2) and, for the purposes of subsection 5(2), "student" includes a person referred to in subsection (2).

(4) The rights, powers, duties and privileges of a District Education Authority or a Divisional Education Council do not extend to private schools. SNWT 2003,c.9,s.3(2); SNWT 2003,c.31,s.90.

(1) Nothing in this Act shall be interpreted so as to affect aboriginal rights.

(2) Notwithstanding anything in this Act, where there is a conflict between this Act and the aboriginal rights of the aboriginal people of the Territories, which include but are not limited to aboriginal rights in

those rights shall prevail to the extent of the conflict.

(1) Every person is entitled to have access to the education program in accordance with this Act and the regulations if the person

(2) If a student who is entitled to have access to the education program under subsection (1) attains the age of 21 years before the end of an academic year, the student’s entitlement to have access to the education program is extended to the end of the school year provided that the student continues to meet the requirements of paragraphs (1)(b) and (c). SNWT 2017,c.8,s.2.

(1) Every student is entitled to have access to the education program in a regular instructional setting in a public school or public denominational school in the community in which the student resides.

(2) An education body shall provide a student with the support services necessary to give effect to subsection (1), in accordance with the direction of the Minister.

(3) Subsection (1) does not apply where

(4) Nothing in subsection (3) affects the entitlement of a student described in subsection (3) to have access to the education program under section 5 or the responsibility of an education body to provide the education program to students in the area within the jurisdiction of the education body. SNWT 2007, c.17,s.53.

(1) At the written request of a student’s parent or the principal, a District Education Authority may designate one or more persons to assess the student on its behalf to determine whether the objectives of the education program are too challenging for the student or do not challenge the student sufficiently, and where this determination is made, the principal shall recommend to the student’s parent the development of an individual education plan for the student.

(2) The principal, or a school team designated by the principal, shall involve the student’s parent in making any decision concerning an individual education plan for the student including the development, content, implementation, evaluation and alteration of the individual education plan.

(3) The principal shall obtain the approval of the individual education plan from the student’s parent before the plan is implemented or altered.

(4) The principal and the student’s parent shall decide whether it is appropriate for the student to be involved in any or all decisions concerning the student’s individual education plan, and the nature and extent of the student’s involvement.

(5) If the parent of a student or a student disagrees with a decision of the principal as to whether an individual education plan is appropriate for the student, the parent or the student may lodge a written disagreement with the principal’s decision under section 39.

(1) A parent of a student is entitled to choose to have the student receive

(2) A student who is an adult is entitled to choose to receive

SNWT 1996,c.10,s.6.

(1) A parent of a child who has attained the age of six years and is under 16 years of age shall register the child for the school year with a school

(2) Every person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding $100. SNWT 1996,c.10,s.7.

(1) An education body shall not charge a tuition fee in respect of a student registered with a public school or public denominational school in the education district in which the student resides.

(2) A District Education Authority may establish and charge a tuition fee in respect of a student described in section 6 who is allowed access to the education program at a public school or public denominational school in the education district.

(1) An education body may allow a person referred to in subsection 5(1) who does not reside in the education district to register with a school in the education district and may establish and charge a tuition fee in respect of that student except where the student has lived with a person who resides in the education district for at least one school year immediately preceding the school year in which the student registers.

(2) A student shall pay the tuition fee charged under subsection (1) unless the education body responsible for the education district in which the student resides pays the tuition fee under an agreement with the education body responsible for the education district in which the student is registered with a school.

(1) In this section, "student" includes a person referred to in subsection 5(1).

(2) Subject to subsection (3), a parent of a student or a student, if the student is an adult, is responsible for all costs in respect of the student if the student is enrolled in an education program outside the Territories.

(3) Tuition fees and costs as determined by the Minister in respect of a student enrolled in an education program outside the Territories may be paid by the District Education Authority for the education district in which the student resides if

(1) The education program of the Territories shall include kindergarten.

(2) Kindergarten shall be provided in every public elementary school and public denominational elementary school.

(3) A parent of a child may register that child with a school to attend kindergarten where that child is eligible and attains four years of age on or before December 31 of the academic year. SNWT 2017,c.8,s.2.

(1) A parent of a student may, under the supervision of a District Education Authority or a commission scolaire francophone de division provide a home schooling program to the student at home or elsewhere in accordance with this Act and the regulations.

(2) A parent of a child who is attending a home schooling program shall register the child in accordance with subsection 12(1) with a school in the education district in which the child resides or, if the child resides outside an education district, with a school in the nearest education district. SNWT 1996,c.10,s.8.

(1) A person wishing to operate a private school may, in accordance with the regulations, apply to the Minister to register a private school and the Minister may register a private school where the Minister is satisfied that

(2) The Minister may cancel or suspend the registration of a private school if

(3) No person shall provide a program of education for children, who have attained the age of six years and are under 16 years of age, that is intended to replace one or more grades of the education program, unless that program of education is provided by a school or through a home schooling program.

(4) Every person who contravenes subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000. SNWT 1996,c.10,s.9; SNWT 2017,c.8,s.2.

(1) A student has the responsibility

(2) Paragraphs (1)(b) and (c) do not apply to students attending a private school.

(3) Paragraphs (1)(b) and (c) apply to students attending a home schooling program to the extent that the students attend the home schooling program on school premises. SNWT 2013,c.18,s.3.

(1) A parent of a student is entitled, and has the responsibility, to be informed of the progress, behaviour and attendance of the student and to be involved in making decisions that significantly affect the education, health or safety of the student.

(2) A parent of a student may, and at the request of a teacher or the principal shall, meet with the teacher or principal to discuss the student’s progress in the education program.

(3) A parent of a student may request the principal to allow that parent to observe the student during instruction.

(4) The principal shall give a parent making a request under subsection (3) permission to observe the student unless, in the opinion of the principal, the presence of the parent during instruction would not be in the best interests of the parent, the teacher, or the students.

(1) Every student, who on or before December 31 of the academic year, has attained the age of six years and is under 16 years of age, shall attend a school program regularly and punctually during the academic year as required by this Act and the regulations.

(2) A parent of a student referred to in subsection (1) shall ensure, to the best of his or her ability, that the student attends a school program regularly and punctually during the academic year as required by this Act and the regulations.

(3) A student is not required to attend a school program where

(4) A student is entitled to be excused, and a principal shall excuse a student, from attending a school program to participate in a spiritual or religious observance recognized by the denomination or the religious or spiritual authority or teachings to which the student adheres.

(1) Every person who fails to comply with subsection 27(2) is guilty of an offence and liable on summary conviction to a fine not exceeding $500.

(2) No prosecution for an offence referred to in subsection (1) shall be commenced without the consent, in writing, of the District Education Authority.

(1) The principal of a school shall, in accordance with the regulations, establish and maintain a student record for each student registered with the school.

(2) A student record shall include

(3) No person shall include in a student record any information that is excluded from the student record by regulation.

(4) A person who contributes information to a student record is exempt from any liability with respect to the provision of that information if the person, in providing the information,

(5) Every person is guilty of an offence and is liable on summary conviction to a fine not exceeding $500 where that person discloses information that is to be excluded or has been excluded from a student record pursuant to the regulations and that person obtained that information

(01) Where there is a conflict or inconsistency between this section, section 31 and section 32 of this Act and any provision of the Access to Information and Protection of Privacy Act, those sections of this Act shall prevail to the extent of the conflict or inconsistency.

(1) A parent of a student and a student are entitled to examine and copy the student’s record.

(2) Education staff who are responsible for the delivery of the school program to a student are entitled to examine the student’s record.

(3) A parent of a student or the student, if the student is an adult, may give written consent to other persons to examine the student’s record.

(4) A member of a school staff may disclose information from a student record to a health or social services professional where, in the opinion of the staff member, disclosing the information is in the best interests of the student and the disclosure is necessary for the establishment of support services for the student.

(5) A person who discloses information under subsection (4) shall indicate on the student’s record the date of disclosure, the information disclosed and the person to whom the information was disclosed and shall, in writing, advise the student and the student’s parent of the disclosure.

(6) Every person who discloses information from a student record or examines a student record except as provided in this section is guilty of an offence and liable on summary conviction to a fine not exceeding $500. SNWT 1999,c.21,s.5(2).

(1) If, on examining a student’s record, the student’s parent or the student is of the opinion that the student record contains inaccurate or incomplete information, the parent or student may request the principal to correct the inaccurate or incomplete information.

(2) If the principal does not correct the information as requested by the student’s parent or the student within the prescribed time, the parent or student may, under section 39, lodge a written disagreement with the principal’s decision not to correct the information as requested.

(1) Notes taken by a school counsellor about a student shall not be included in the student’s record.

(2) No person shall have access to notes taken by a school counsellor about a student except the school counsellor, a person who has the permission of the school counsellor or the school counsellor’s successor.

(2.1) A school counsellor may only disclose the notes taken by a school counsellor about a student or information from the notes referred to in subsection (2) where

(2.2) Where a school counsellor discloses notes or information from the notes about a student, the school counsellor shall, where reasonably possible, give written notice of the disclosure to the student.

(3) Every person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding $500. SNWT 1999,c.21, s.5(3).

(1) If a student intentionally or negligently damages, destroys, converts or loses property owned or used by a school, the student and his or her parent are jointly and severally liable to the District Education Authority for the damage, destruction, conversion or loss.

(2) A parent of a student is not jointly and severally liable with the student under subsection (1) if the student is an adult.

(3) A District Education Authority may, subject to a court order, allow a student, instead of paying for or replacing the property referred to in subsection (1), to perform work in the student’s school or, if there is no suitable work in the school, to perform community service work, that is equal in value to the property damaged, destroyed, converted or lost as determined by the District Education Authority.

(1) The Minister shall establish, by regulation, a Territorial School Code of Conduct that promotes a positive learning environment in the schools of the Northwest Territories.

(2) A District Education Authority shall ensure that a discipline policy is developed for the education district, that is consistent with the Territorial School Code of Conduct and that governs the breach by a student of the Code of Conduct, the school rules or the responsibilities of a student under this Act or the regulations.

(2.1) A principal may establish school rules that he or she considers necessary to support the operations of the school for which the principal is responsible.

(3) Corporal punishment shall not be used in the discipline of students. SNWT 2013,c.18,s.4.

(1) A Divisional Education Council or, if there is no Divisional Education Council for an education district, a District Education Authority shall ensure that

(2) A safe schools plan must include the following:

(3) The advice of parents, school staff and students may be sought during the development of a safe schools plan. SNWT 2013,c.18,s.5.

(1) A principal may suspend a student from school for

(2) A suspension shall be for a period set by the principal not exceeding 20 consecutive school days, or such shorter period as may be set out in the applicable discipline policy.

(3) Where a principal suspends a student for more than five consecutive school days, the principal shall

(4) Where a student is suspended for more than five consecutive school days, the District Education Authority or the principal, as the case may be, shall designate a person to contact the student to assist the student in meeting the conditions and returning to school.

(5) On suspending a student, the principal shall

(6) If a student is suspended more than once during an academic year, the District Education Authority shall ensure that a school counsellor or other appropriate person,

(7) Notwithstanding an order of the court requiring a student to attend school, a principal may suspend a student under this section. SNWT 2013, c.18,s.6.

(1) A District Education Authority may expel a student from its schools for a school term or the remainder of a school term or the school year on a ground listed in subparagraph 35(1)(f)(ii) or (iii) or in paragraph 35(1)(g), if

(2) The hearing referred to in subparagraph (1)(b)(ii) shall be conducted in accordance with the procedure set out in the regulations.

(3) A District Education Authority may, at its discretion, readmit to school a student who has been expelled.

(4) A District Education Authority shall endeavour to provide a student who is under 16 years of age and is expelled from the schools in the area within the jurisdiction of the District Education Authority, with access to the education program in the education district during the period of the expulsion by any means it considers appropriate where the student does not attend a home schooling program, register with a private school, register with a public denominational school or, if the District Education Authority is a public denominational District Education Authority, a public school. SNWT 2013, c.18,s.7.

(1) Sections 33, 35 and 36 do not apply to a student attending a private school or a home schooling program.

(2) Subsections 34(1) and (2) do not apply to home schooling programs.

(1) In sections 39 and 40 and subsections 42(1) and (2), "decision" includes the failure to make a decision.

(2) A written disagreement with a decision or an appeal against a decision under sections 39 to 43, does not stay the decision.

(3) If the suspension of a student has expired, the person or body resolving the disagreement or hearing the appeal concerning the suspension shall determine whether the suspension should be confirmed or whether the record of the suspension or of the disagreement or appeal should be modified or, where the person or body considers it appropriate, expunged.

(4) The person or body resolving a disagreement or hearing an appeal concerning an expulsion may, where the person or body considers it appropriate, direct that any record of the expulsion, or of the disagreement or appeal, be expunged.

(1) Where a decision of a member of an education staff significantly affects the education, health or safety of a student, or is a decision referred to in subsections 9(5) or 31(2) or subsections 35(1) and (2), the parent of the student or the student, together or separately may, within a reasonable time from the date that the parent or student was informed of the decision, notify the principal in writing that he or she disagrees with the decision.

(2) On receiving the written notice of the parent of the student or the student, the principal shall attempt to resolve the disagreement with the decision, and if the principal is unable to do so, the principal shall notify the parent and the student in writing that he or she may proceed under section 40 to have the disagreement resolved.

(1) A student’s parent or a student, together or separately may, within a reasonable time from the date of the notice by a principal under subsection 39(2), notify the District Education Authority in writing that he or she disagrees with the decision of a member of the education staff.

(2) Where a decision of a District Education Authority other than a decision to expel a student under section 36, significantly affects the education, health or safety of a student, the student’s parent or the student, together or separately may, within a reasonable time from the date that the parent or student was informed of the decision, notify the District Education Authority in writing that he or she disagrees with the decision.

(3) On receiving the written notice of the student’s parent or the student under subsection (1) or (2), the District Education Authority shall attempt to resolve the disagreement with the decision and if it is unable to do so, it shall notify the parent and the student in writing that he or she may appeal the decision to the appeal committee in accordance with the procedure set out in the regulations.

(1) The District Education Authority may establish an appeal committee in accordance with the regulations.

(2) Before convening the appeal committee, the chairperson of the appeal committee shall review the disagreement referred to the appeal committee under subsection 40(3) or the appeal against an expulsion of a student under section 36, and may refuse to hear the appeal if, in the opinion of the chairperson, there are insufficient grounds for the appeal or the appeal is frivolous or vexatious.

(3) A decision of the chairperson not to hear the appeal is final and the chairperson shall, in accordance with the regulations and in writing, notify the student’s parent and the student of the decision.

(4) Where the chairperson agrees to hear the appeal, the appeal committee shall investigate and hear the appeal in accordance with the procedure set out in the regulations.

(5) An appeal committee shall make a decision as soon as practicable after receiving an appeal.

(6) An appeal committee may make any decision that it considers appropriate in respect of the matter that is appealed to it and may award costs.

(7) Subject to section 43, the decision of an appeal committee is final.

(8) An appeal committee shall, in accordance with the regulations and in writing, report its decision to the student’s parent and the student.

(1) Where a decision of a Divisional Education Council significantly affects the education, health or safety of a student, the student’s parent or the student, together or separately may, within a reasonable time from the date that the parent or student was informed of the decision, notify the Divisional Education Council in writing that he or she disagrees with the decision.

(2) On receiving the written notice of the parent or student, the Divisional Education Council shall attempt to resolve the disagreement with the decision and if it is unable to do so, it shall notify the parent and the student that he or she may appeal the decision to the appeal committee in accordance with the procedure set out in the regulations.

(3) The Divisional Education Council may establish an appeal committee in accordance with the regulations.

(4) Subsections 41(2) to (6) and (8) apply to an appeal under this section.

(5) The decision of an appeal committee is final.

(1) A student’s parent or a student, together or separately, may in accordance with the regulations, request the Minister to review the decision of the appeal committee made under subsection 41(6) respecting the expulsion of a student.

(2) The Minister shall investigate the matter in accordance with the regulations.

(3) The Minister may make any decision that the Minister considers appropriate in respect of the decision under review.

(4) The decision of the Minister is final.

(5) The Minister shall, in accordance with the regulations, report his or her decision, in writing, to the student’s parent, the student and to the District Education Authority. SNWT 1996,c.10,s.11.

(1) Subject to subsection (2), no person shall be employed as a teacher unless he or she holds a teaching certificate issued under the regulations.

(2) Subsection (1) does not apply to a person employed to teach for not more than 20 consecutive school days.

(3) This section does not apply to an adult educator, a person hired for local programs or a parent of a student instructing the student in a home schooling program.

(4) No person shall be employed as a member of the education staff of a school unless he or she meets the prescribed qualifications for employment.

(1) Every teacher shall, respecting the students under his or her care and instruction,

(2) Every teacher shall

(3) A teacher may assign duties of a teacher to a teacher intern and shall supervise the performance of those duties.

(4) A teacher may assign duties to an education assistant that are consistent with that person’s contract of employment and shall supervise the performance of those duties. SNWT 1996,c.10,s.12; SNWT 1998, c.17,s.9(7); SNWT 2013,c.18,s.8.

(1) A teacher may exclude from the school premises any person who creates or attempts to create a disturbance on the school premises while the school premises are being used for school purposes.

(2) If a teacher attempts to exclude a person from the school premises and that person refuses to leave the school premises, that person is guilty of an offence and is liable on summary conviction to a fine not exceeding $500.

(1) A teacher whose teaching certificate is suspended or cancelled under the regulations may, in accordance with the regulations, request the Minister to review the decision to cancel or suspend that person’s teaching certificate.

(2) The Minister shall investigate the matter in accordance with the regulations.

(3) The Minister may make any decision that the Minister considers appropriate in respect of the decision under review.

(4) The Minister shall give written reasons for his or her decision and provide the teacher with a copy of the decision.

(5) The decision of the Minister is final. SNWT 1996,c.10,s.13.

(1) Subject to section 54, a contract of employment of a teacher continues in force from school year to school year and may, by notice in writing, be terminated by mutual consent, by dismissal for cause, by dismissal for incompetence, or at the end of a school year.

(2) Notice of termination of a teacher’s contract of employment at the end of a school year shall be delivered by one party to the other or sent by registered mail at least 60 days before the day set as the closing day of the school in which the teacher is employed.

(1) A teacher may be dismissed for cause or for incompetence at any time in accordance with the regulations.

(2) Where a teacher has been employed as a teacher for less than two consecutive years, the employer of the teacher may terminate the contract of the teacher at the end of a school year by giving notice in writing as required by subsection 53(2).

(3) Where a teacher has been employed as a teacher by one employer for two or more consecutive years, that employer shall not terminate the contract of that teacher except for cause or for incompetence.

(4) Notwithstanding any contract of employment or provision of this Act, where the number of teachers required in an education district is decreased, the employer of a teacher may terminate the contract of the teacher at the end of a school year by giving notice sent by registered mail at least 45 days before the day set as the closing day of the school in which the teacher is employed.

(5) Where a teacher is dismissed or his or her contract is terminated, the employer shall give the teacher written reasons for the dismissal or termination.

(6) The Superintendent shall attempt to locate a teaching position in the area within the jurisdiction of the Superintendent for a teacher teaching in that jurisdiction whose contract is terminated under subsection (4). SNWT 1996,c.10,s.14.

(1) Where it is alleged that a teacher is guilty of misconduct or is incompetent, the Superintendent may investigate the allegation and may, by notice in writing, suspend, with pay, the teacher from teaching for a period not exceeding 30 days.

(2) Subject to subsection (3), the Superintendent may extend the period of suspension, with pay, of a teacher for an additional period not exceeding 30 days.

(3) The maximum period for which a teacher may be suspended, with pay, under this section is 60 days.

(1) Whether or not there has been an investigation, where the Superintendent is satisfied that a teacher is guilty of misconduct or is incompetent, the Superintendent may

(2) The Superintendent may take any or all of the actions set out in subsection (1). SNWT 1996, c.10, s.15.

(1) A teacher who is employed in an education division may be transferred from one education district to another education district within that education division if the Superintendent, at the direction of the education body responsible for the education district in which the teacher is teaching at the time of the transfer, provides a written notice of the transfer to the teacher at least 60 days before the day set as the closing day of the school in which the teacher is teaching.

(2) A teacher has the option of resigning from his or her position within 30 days after being served with notice of the transfer. SNWT 1996,c.10,s.17.

(1) An education body may hire a person who is not a teacher to instruct or to assist in the instruction of local programs, including, but not limited to, land skills, art, crafts, local customs, local spirituality or other subjects of local cultural significance.

(2) A person hired pursuant to subsection (1) must, in the opinion of the education body, have the skills, knowledge or abilities required to instruct the subject matter of the local program he or she is hired to instruct.

(1) An education assistant employed in a school shall follow the directions of a teacher.

(2) A person employed as a classroom assistant under the Education Act, R.SNWT 1988,c.E-1, shall be deemed to be an education assistant on the coming into force of this Act. SNWT 2010,c.16,Sch.B,s7.

(3) Repealed, SNWT 2010,c.16,Sch.B,s7.

(1) Subject to sections 65 to 67, the education body responsible for a school with more than one teacher shall request the Superintendent to employ a teacher to be a principal of the school for a term not exceeding five years.

(2) A District Education Authority may designate a teacher to be acting principal.

(3) Where an acting principal has been designated, the District Education Authority shall employ a principal within 12 months of the designation.

(4) The District Education Authority shall inform the Divisional Education Council in writing, without delay, of the employment of a principal or the designation of an acting principal.

(5) A principal may delegate his or her duties to an assistant principal.

(6) A Superintendent may, at the direction of the education body directing the Superintendent under paragraph 117(1)(l), terminate a contract of employment of a principal by giving notice in writing to the principal at least 60 days before the day set as the closing day of the school in which the principal is employed.

(7) The termination of a contract of employment of a principal does not terminate a contract of employment as a teacher if he or she held a teaching position before being hired as a principal.

(8) A person may be employed as principal for additional terms not exceeding five years each. SNWT 1996,c.10,s.18.

(1) Subject to subsection (2), no teacher is eligible to be employed or to continue to be employed as principal of a school under subsection 63(1) unless the teacher holds a certificate of eligibility as principal issued in accordance with the regulations.

(2) A teacher who does not hold a certificate of eligibility as principal may be employed as principal of a school where the Deputy Minister responsible for the Department of Education, Culture and Employment is satisfied that the prescribed conditions governing that employment are satisfied.

(3) A teacher referred to in subsection (2) who does not obtain a certificate of eligibility as principal within two years after the day that the teacher is employed as principal is not eligible to be principal of any school until he or she obtains a certificate of eligibility. SNWT 1996,c.10,s.20.

(1) A teacher referred to in subsection 65(3) or section 67 may apply in writing to the Deputy Minister responsible for the Department of Education, Culture and Employment for a single extension of one year to enable that teacher to obtain a certificate of eligibility as principal.

(2) Where a teacher wishes to apply under subsection (1), the teacher shall request a recommendation for the extension from the Superintendent.

(3) The Superintendent may, in writing and on the receipt of a request under subsection (2), recommend that a teacher receive an extension of one year to enable that teacher to obtain a certificate of eligibility as principal.

(4) Where the Deputy Minister responsible for the Department of Education, Culture and Employment is satisfied that circumstances exist that justify an extension described in subsection (1) and the Deputy Minister responsible for the Department of Education, Culture and Employment receives the recommendation of the Superintendent, the Deputy Minister responsible for the Department of Education, Culture and Employment may grant a teacher the extension. SNWT 1996,c.10,s.21.

(1) The education body responsible for a school may request the Superintendent to employ a teacher as an assistant principal of that school.

(2) An assistant principal shall perform the duties delegated by the principal.

(3) A Superintendent may, at the direction of the education body directing the Superintendent under paragraph 117(1)(l), terminate a contract of employment of an assistant principal by giving notice in writing to the assistant principal at least 60 days before the day set as the closing day of the school.

(4) The termination of a contract of employment of an assistant principal does not terminate a contract of employment as a teacher if he or she held a teaching position before being hired as assistant principal. SNWT 1996,c.10,s.22.

(1) A principal, an acting principal and an assistant principal have all the powers and duties of a teacher under this Act.

(2) In addition to the duties of a teacher, a principal and an acting principal shall

(3) In addition to the duties of a teacher and the duties set out in subsection (2), a principal and an acting principal shall

SNWT 2006,c.6,s.31(3); SNWT 2013,c.18,s.9.

(1) The language of instruction of the education program must be an Official Language.

(2) There may be more than one language of instruction in an education district and more than one language of instruction in a school.

(1) A District Education Authority shall, in accordance with the requirements of this section and in accordance with the regulations, determine a language of instruction to be used in the education district.

(2) Before determining a language of instruction in an education district that is in an education division in which there is more than one education district, a District Education Authority shall request information from the Divisional Education Council relating to the development and use of school program materials and the supply of teachers who are fluent in a language and their availability to teach in that language.

(3) The Minister may give directions establishing standards and guidelines for the selection and use of a language of instruction to assure the maintenance of the highest possible standards of education.

(4) A District Education Authority may choose a language as the language of instruction if

(1) Subject to subsection (2), a District Education Authority shall, in accordance with any directions of the Minister, determine a language to be taught as part of the education program in the education district or in any school in the education district.

(2) If an Official Language other than English is the language of instruction, English must be taught as a language as part of the education program.

(3) If English is the language of instruction, an Official Language other than English must be taught as part of the education program.

(1) A parent of a student in a home schooling program may apply in writing to the Minister for an exemption from using or teaching the language determined by the District Education Authority as the language of instruction or the language to be taught as part of the education program.

(2) The Minister may allow the operator of a private school or the parent of a child attending a home schooling program to determine, subject to the approval of the Minister,

(3) Subsection 70(1) does not apply to a private school or a home schooling program.

(1) A teacher may make a statement about spiritual or religious values or beliefs if the statement is required to explain an aspect of a subject or a world view and is made in a manner that is respectful of the spiritual or religious values or beliefs of all the students.

(2) A District Education Authority may, in accordance with the directions of the Minister, provide for instruction and discussion in spiritual values or beliefs in a manner that is respectful of the spiritual values or beliefs of all the students.

(3) A public denominational school may provide religious instruction and

(1) A Superintendent shall, in the area within his or her jurisdiction, have general supervision of all education staff and, where the education staff are employed under the Public Service Act, is a deputy head under the Public Service Act.

(2) A Superintendent shall

(3) A Superintendent may, in writing, delegate any or all of his or her duties and powers to a person approved by the education body responsible for the hiring of the Superintendent. SNWT 1996,c.10, s.25; SNWT 2006,c.6,s.31(4).

(1) The Minister shall divide the Territories into education districts.

(2) The Minister may establish one or more education districts for every community in the Territories and every school shall be in an education district.

(3) The limits of an education district must coincide with the boundaries of the community it serves but the Minister may alter the limits of the education district to meet the education needs of the community.

(1) Every school district erected by order of the Commissioner before July 1, 1977 under the School Ordinance, R.S.N.W.T. 1974, c.S-3, and every education district established or continued by or under the Education Act, R.S.N.W.T. 1988, c.E-1, in existence immediately before the coming into force of this Act, is continued under this Act as an education district.

(2) Every separate school district erected by order of the Commissioner before July 1, 1977 under the School Ordinance, R.S.N.W.T. 1974, c.S-3, and every separate education district established or continued by or under under the Education Act, R.S.N.W.T. 1988, c.E-1, in existence immediately before the coming into force of this Act, is continued under this Act as a public denominational education district.

(1) Subject to section 86, the Minister may, by regulation, establish a District Education Authority for each education district to govern the education district.

(2) A District Education Authority has the powers and duties conferred or imposed on it by this Act and the regulations.

(3) The Minister shall, by regulation, allocate any or all of the duties set out in section 117 to each District Education Authority where the duties are necessary for the delivery of the education program and individual education plans, or the management of the education district or its property.

(4) The Minister shall, by regulation, allocate any or all of the powers set out in section 118 to each District Education Authority where the powers are necessary for the delivery of the education program and individual education plans, or the management of the education district or its property.

(5) Where the Minister does not allocate a power or duty under subsection (3) or (4) to a District Education Authority, that power or duty shall be the responsibility of the Divisional Education Council responsible for that education district.

(6) Where no Divisional Education Council exists, and the Minister does not allocate a power or duty under subsection (3) or (4) to a District Education Authority, that power or duty shall be the responsibility of the Deputy Minister.

(7) The Minister may, by regulation, allocate any or all of the powers set out in section 119 to a District Education Authority where the powers are necessary for the delivery of the education program and individual education plans, or the management of the education district or its property.

(8) The Minister shall, in the regulations made under subsection (1), state whether five, six or seven members may be elected to a District Education Authority. SNWT 2001,c.11,s.2.

(1) A District Education Authority may, in accordance with the regulations, petition the Minister to have the education district for which it is responsible

(1.1) The Minister may, in accordance with the regulations, consult with any education bodies affected by the petition.

(2) The Minister shall amend the order establishing an education division where,

(3) Where an education district is added to or moved to an education division, the District Education Authority for that district shall not petition the Minister for removal from that education division for five years. SNWT 1996,c.10,s.26.

(1) Where one or more conseils scolaires francophones exist, the conseil or conseils may, on meeting the requirements of the regulations, request the Minister to establish a commission scolaire francophone de division for the Territories.

(2) On receipt of a request under subsection (1), the Minister shall, by regulation,

(3) Where the Minister establishes a commission scolaire francophone de division under subsection (2), the Minister

(3.1) Where a commission scolaire francophone de division is established for the Territories, a conseil scolaire francophone that is not within the jurisdiction of the commission scolaire francophone de division may request, in writing, that the Minister add the education district in which the conseil scolaire francophone was established to the area within the jurisdiction of the commission scolaire francophone de division.

(3.2) On receipt of a request under subsection (3.1), the Minister shall, where the application meets the requirements of this Act and the regulations, amend the regulations establishing the commission scolaire francophone de division to add the education district in which the conseil scolaire francophone was established.

(4) A member of a commission scolaire francophone de division is not liable for the loss or damage caused by anything done or not done by him or her in good faith in the exercise of his or her powers or in the performance of his or her duties. SNWT 1996,c.10,s.27; SNWT 1998,c.31,Sch.K, s.1.

(1) The residents of an education district may petition the Minister, in accordance with the regulations, for the establishment or operation of a District Education Authority in a form or manner other than that set out in this Act.

(2) The Minister may, in accordance with the regulations, accept or reject a petition and shall respond to the petition within 90 days of receiving it.

(3) Where the Minister rejects the petition, the Minister shall provide the residents with written reasons for the rejection.

(4) Where the Minister accepts the petition, the Minister may, by regulation, set out the form or manner for the establishment or operation of the District Education Authority that is the subject of the petition and the District Education Authority is established when the requirements of the regulations have been met.

(5) Where a District Education Authority is established under subsection (4), the Minister shall allocate powers and duties to the District Education Authority in accordance with section 81.

(6) A District Education Authority established under subsection (4) has the same status as a District Education Authority established under subsection 81(1).

(7) Subject to regulations made under subsection (4), a District Education Authority established under subsection (4) has the rights, powers, duties and privileges of a District Education Authority established under subsection 81(1) and is subject to the same liabilities and requirements for governance provided in respect of a District Education Authority established under subsection 81(1). SNWT 1996, c.10,s.28.

(1) The Minister may amend a regulation establishing a District Education Authority in a Tłı̨chǫ community to provide that the member of the Board of the Tłı̨chǫ Community Services Agency appointed by the community government shall, by virtue of that office, sit as a member of the District Education Authority.

(2) For greater certainty, section 89, subsections 91(1) and (2), section 92 and section 93 do not apply to a member of a District Education Authority who holds that office by virtue of being a member of the Board of the Tłı̨chǫ Community Services Agency. SNWT 2005,c.7,s.27(2).

(1) Every community education council established or constituted as a community education council under the Education Act, R.S.N.W.T. 1988, c.E-1, in existence immediately before the coming into force of this Act, is continued as a District Education Authority under this Act.

(1.1) In addition to any duties and powers given to it by this Act, a District Education Authority described in subsection (1) continues to have the duties and powers given to it as a community education council under the Education Act, R.S.N.W.T. 1988, c.E-1, until the Minister allocates duties and powers to it under section 81 of this Act.

(1.2) Until the first election for the governing body of the community held, after the coming into force of this Act, in the education district which the District Education Authority represents, the number of members of the District Education Authority is the number of members of the community education council that was continued as the District Education Authority under subsection (1).

(2) Notwithstanding the term for which a member was elected, the term of each member of a District Education Authority described in subsection (1) expires at 12 noon on the first Monday of the month following the first election for the governing body of the community held, after the coming into force of this Act, in the education district which the District Education Authority represents. SNWT 1997, c.8, s.10(3),(4).

(1) Every Board of Trustees elected under the School Ordinance, R.S.N.W.T. 1974, c.S-3, and every Board of Education for an education district established or constituted as a Board of Education under the Education Act, R.S.N.W.T. 1988, c.E-1, in existence immediately before the coming into force of this Act, is continued as a District Education Authority under this Act.

(1.1) Until the first election for the governing body of the community held, after the coming into force of this Act, in the education district which the District Education Authority represents, the number of members of the District Education Authority is the number of members of the body that was continued as the District Education Authority under subsection (1).

(2) Notwithstanding the term for which a member was elected, the term of each member of a District Education Authority described in subsection (1) expires at 12 noon on the first Monday of the month following the first election for the governing body of the community held, after the coming into force of this Act, in the education district which the District Education Authority represents.

(3) A District Education Authority continued under this section has all of the powers and duties set out in sections 117, 118 and 119.

(4) Every Board of Trustees elected under the School Ordinance, R.S.N.W.T. 1974, c.S-3, and every Separate Board of Education for a separate education district established or constituted as a Separate Board of Education under the Education Act, R.S.N.W.T. 1988, c.E-1, in existence immediately before the coming into force of this Act, is continued as a public denominational District Education Authority under this Act.

(4.1) Until the first election for the governing body of the community held, after the coming into force of this Act, in the education district which the public denominational District Education Authority represents, the number of members of the public denominational District Education Authority is the number of members of the body that was continued as the public denominational District Education Authority under subsection (4).

(5) Notwithstanding the term for which a member was elected, the term of each member of a public denominational District Education Authority described in subsection (1) expires at 12 noon on the first Monday of the month following the first election for the governing body of the community held, after the coming into force of this Act, in the education district which the public denominational District Education Authority represents. SNWT 1997, c.8, s.10(5),(6), (7),(8).

(1) The Local Authorities Elections Act applies to all matters respecting the election of the members of a District Education Authority.

(2) The residents of an education district shall elect members to the District Education Authority in accordance with the regulations made pursuant to subsection 81(8).

(3) The term of office of a member of a District Education Authority is two, three or four years, corresponding to the term length of the members of the governing body of the community that the District Education Authority represents.

(3.1) Notwithstanding subsection (3), the term of office of a member of the Yellowknife District No. 1 Education Authority or the Yellowknife Public Denominational District Education Authority elected in the first election following the coming into force of this subsection is one year.

(4) Where, but for this subsection, the term of office of a member of a District Education Authority instead would begin or end on a Monday that is a holiday, the term begins or ends on the next day that is not a holiday.

(5) A member of a District Education Authority is not liable for the loss or damage caused by anything done or not done by him or her in good faith in the exercise of his or her powers or in the performance of his or her duties. SNWT 2021,c.10,s.2.

(1) The District Education Authority shall select members as chairperson and vice-chairperson.

(2) The District Education Authority shall select one member to serve as representative on the Divisional Education Council and may select one member to serve as alternate representative on the Divisional Education Council.

(1) A member of a District Education Authority may resign by submitting a written resignation to the secretary of the District Education Authority, and the member ceases to hold office at the meeting of the District Education Authority when the resignation is received.

(2) If all the members of a District Education Authority wish to resign at the same time, they may resign by sending the Minister a notice in writing to that effect, and their resignation is effective on the day on which their successors take office.

(3) The chairperson or vice-chairperson of a District Education Authority may resign the position of chairperson or vice-chairperson respectively while retaining a seat on the District Education Authority.

(4) Where the chairperson of the District Education Authority resigns, the District Education Authority shall select a member to be the new chairperson.

(5) Where the vice-chairperson of the District Education Authority resigns, the District Education Authority shall select a member to be the new vice-chairperson.

(6) Where the chairperson and vice-chairperson resign, the District Education Authority shall select members to be the new chairperson and vice- chairperson. SNWT 1996,c.10,s.29.

(1) To fill the vacancies on the District Education Authority, the District Education Authority, in accordance with the requirements of this Act,

(2) The members of the District Education Authority elected under subsection (1) shall hold office for the balance of the term of the members whom they are elected to replace.

(1) A majority of the members of the District Education Authority constitutes a quorum.

(2) No decision of a District Education Authority is binding unless it is made at a meeting at which a quorum is present.

(3) Notwithstanding subsections (1) and (2), where the number of members of a District Education Authority has fallen below the quorum, the Minister may, by order, state that the remaining members shall be deemed to be a quorum until an election is held to fill the vacancies.

(1) In this section, "District Education Authority" includes committees established by a District Education Authority.

(2) Subject to subsection (4), a District Education Authority shall hold its meetings in public.

(3) No person shall be excluded from a meeting of a District Education Authority except for improper conduct.

(4) A District Education Authority may, by resolution and in accordance with the regulations, authorize its meeting to be closed to the public where

(5) No District Education Authority has the power, at a meeting that is closed to the public, to make a resolution other than a resolution to revert to a public meeting.

(1) A District Education Authority shall conduct its business in accordance with the regulations.

(2) Subject to the regulations, a District Education Authority shall make bylaws governing the procedure to be followed in transacting the business of the District Education Authority.

(3) A District Education Authority shall establish a code of conduct for its members. SNWT 2024,c.9,s.6(3).

(1) Where an education district exists, the ratepayers who belong to a religious minority, whether Protestant or Roman Catholic, in that education district, may petition the Minister to establish a public denominational education district with the same boundaries as the existing education district.

(2) A petition for the establishment of a public denominational education district must be in the form provided for in the regulations and must be signed by 50 ratepayers of the religious faith indicated in the petition. SNWT 1996,c.10,s.30.

(1) The Minister, on receiving a petition referred to in section 97, shall instruct the Superintendent responsible for the education district concerned to call a meeting of the ratepayers of the religious faith indicated in the petition to determine whether those ratepayers favour the establishment of a public denominational education district.

(2) The ratepayers of the education district belonging to the same religious faith as the petitioners, whether Protestant or Roman Catholic, are the persons qualified to vote on the question of whether a public denominational education district is to be established.

(3) Notice of a meeting called under subsection (1) shall be given in accordance with the regulations and a poll of the ratepayers shall be conducted in accordance with the regulations.

(4) Where the majority of the ratepayers in the education district who are of the religious faith indicated in the petition vote in favour of the establishment of a public denominational education district, the Minister shall establish a public denominational education district having the same boundaries as the existing education district.

(5) Where the Minister establishes a public denominational education district under subsection (4), the Minister shall establish a public denominational District Education Authority under section 81, having the rights, powers, duties and privileges of a District Education Authority established under subsection 81(1) and subject to the same liabilities and requirements for governance provided in respect of a District Education Authority established under subsection 81(1).

(6) Where the majority of ratepayers in the education district who are of the religious faith indicated in the petition vote against the establishment of a public denominational education district, no further petition on the same question shall be accepted by the Minister for two years after the date of the vote.

(1) Subject to subsection (2), the provisions of this Act and the regulations respecting the election of members of a District Education Authority apply to the election of members of a public denominational District Education Authority.

(2) The residents of the education district who have chosen to support the public denominational education district are the persons qualified to vote for the members of the public denominational District Education Authority.

(3) Where a resident has stated that he or she supports both the education district and the public denominational education district, the resident may vote for either the District Education Authority or the public denominational District Education Authority, but not both.

(1) Where 25% of the persons eligible to vote for a public denominational District Education Authority sign a petition requesting that the public denominational education district be dissolved, the public denominational District Education Authority shall conduct a referendum to determine whether the public denominational education district should be dissolved.

(2) Where a referendum under subsection (1) indicates that a majority of persons favour dissolution of the public denominational education district, the public denominational District Education Authority shall report this to the Minister and the Minister shall dissolve the public denominational education district and the public denominational District Education Authority.

(3) The residents of the education district who have chosen to support the public denominational education district are the persons qualified to vote in the referendum.

(1) The Minister shall, by regulation, establish education divisions.

(2) Each education district shall be a member of the education division that includes that education district.

(3) Every education division established under the Education Act, R.S.N.W.T. 1988, c.E-1, in existence immediately before the coming into force of this Act, is continued under this Act as an education division.

(1) Subject to section 103, the Minister may, by regulation, establish a Divisional Education Council for each education division to govern the education division.

(2) A Divisional Education Council has the powers and duties conferred or imposed on it by this Act and the regulations.

(3) The Minister shall, by regulation, allocate any or all of the duties set out in section 117 to each Divisional Education Council where the duties are necessary for the delivery of the education program and individual education plans, or the management of the education division or its property.

(4) The Minister shall, by regulation, allocate any or all of the powers set out in section 118 to each Divisional Education Council where the powers are necessary for the delivery of the education program and individual education plans and the management of the education division, or the management of the education division or its property.

(5) The Minister may, by regulation, allocate any or all of the powers set out in section 119 to a Divisional Education Council where the powers are necessary for the delivery of the education program and individual education plans, or the management of the education division or its property.

(6) Every Divisional Education Council is a corporation. SNWT 2001,c.11,s.3.

(1) The Tłı̨chǫ Community Services Agency established by the Tłı̨chǫ Community Services Agency Act is deemed to be a divisional education council and is subject to the provisions of this Act applicable to divisional education councils, except to the extent of any inconsistency with the Tłı̨chǫ Community Services Agency Act.

(2) Notwithstanding subsections 102(3), (4) and (5), the Tłı̨chǫ Community Services Agency has the powers and duties allocated to it under the Tłı̨chǫ Community Services Agency Act.

(3) For greater certainty, sections 113 to 116 do not apply to the Tłı̨chǫ Community Services Agency or to any school or education program for which it is responsible. SNWT 2005,c.7,s.27(3).

(1) Where an education division includes more than one education district, the District Education Authorities in the education division may petition the Minister in accordance with the regulations for the establishment or operation of a Divisional Education Council in a form or manner other than that set out in this Act.

(2) The Minister may, in accordance with the regulations, accept or reject a petition and shall respond to the petition within 90 days of receiving it.

(3) Where the Minister rejects the petition, the Minister shall provide the District Education Authorities with written reasons for the rejection.

(4) Where the Minister accepts the petition, the Minister may, by regulation, set out the form or manner for the establishment or operation of the Divisional Education Council that is the subject of the petition and the Divisional Education Council is established when the requirements of the regulations have been met.

(5) Where a Divisional Education Council is established under subsection (4), the Minister shall allocate powers and duties to the Divisional Education Council in accordance with section 102.

(6) A Divisional Education Council established under subsection (4) has the same status as a Divisional Education Council established under subsection 102(1).

(7) Subject to regulations made under subsection (4), a Divisional Education Council established under subsection (4) has the rights, powers, duties and privileges of a Divisional Education Council established under subsection 102(1) and is subject to the same liabilities and requirements for governance provided in respect of a Divisional Education Council established under subsection 102(1). SNWT 1996, c.10,s.33.

(1) A Divisional Education Council shall be composed of the representatives of the District Education Authorities of the education districts in the education division and any members appointed under this section.

(2) A member of a Divisional Education Council holds office for the duration of his or her term as a member of a District Education Authority.

(3) The Minister may, at the request of a Divisional Education Council, appoint additional members to the Divisional Education Council for the term requested, up to three years.

(4) A member of a Divisional Education Council is not liable for loss or damage caused by anything done or not done by him or her in good faith in the exercise of his or her powers or the performance of his or her duties.

(1) A member of a Divisional Education Council may resign by submitting his or her written resignation to the secretary of the Divisional Education Council, and the member ceases to hold office at the meeting of the Divisional Education Council when his or her resignation is received.

(2) If all the members of a Divisional Education Council wish to resign at the same time, they may resign by sending the Minister a notice in writing to that effect, and their resignation is effective on the day on which their successors take office.

(1) A Divisional Education Council shall select members to be chairperson and vice-chairperson.

(2) The chairperson or vice-chairperson of a Divisional Education Council may resign from that position while retaining a seat on the Divisional Education Council.

(3) Where the chairperson of the Divisional Education Council resigns, the Divisional Education Council shall select a member to be the new chairperson.

(4) Where the vice-chairperson of the Divisional Education Council resigns, the members of the council shall select a member to be the new vice-chairperson.

(5) Where the chairperson and the vice- chairperson of the Divisional Education Council resign, the Divisional Education Council shall select members to be the new chairperson and vice- chairperson. SNWT 1996,c.10,s.34.

(1) A Divisional Education Council shall conduct its business in accordance with the regulations.

(2) A Divisional Education Council shall make bylaws governing the procedure to be followed in transacting the business of the Divisional Education Council.

(3) A Divisional Education Council shall establish a code of conduct for its members. SNWT 2024,c.9,s.6(3).

(1) A majority of the members of a Divisional Education Council constitutes a quorum.

(2) No decision of a Divisional Education Council is binding unless it is made at a meeting at which a quorum is present.

(1) In this section, "Divisional Education Council" includes committees established by a Divisional Education Council.

(2) Subject to this section, a Divisional Education Council shall hold its meetings in public.

(3) No person shall be excluded from a meeting of a Divisional Education Council except for improper conduct.

(4) A Divisional Education Council may, by resolution and in accordance with the regulations, authorize its meeting to be closed to the public where

(5) No Divisional Education Council has the power, at a meeting that is closed to the public, to make a resolution, other than a resolution to revert to a public meeting.

(1) Every Divisional Board of Education established under the Education Act, R.S.N.W.T. 1988, c.E-1, in existence immediately before the coming into force of this Act, is continued as a Divisional Education Council under this Act.

(1.1) In addition to any duties and powers given to it by this Act, a Divisional Education Council described in subsection (1) continues to have the duties and powers given to it as a Divisional Board of Education under the Education Act, R.S.N.W.T. 1988, c.E-1, until the Minister allocates duties and powers to it under section 102 of this Act.

(1.2) The members of a Divisional Education Council described in subsection (1) shall continue to act as if selected under subsection 90(2) until the next election for the governing body of the community held, districts that are represented on the Divisional Education Council, at which time the person selected under subsection 90(2) from each District Education Authority shall replace a member of the Divisional Education Council.

(2) When all the education districts within the education division have held an election, any member of the Divisional Education Council continued under subsection (1) who has not been replaced shall cease to hold office. SNWT 1997,c.8,s.10(9).

Dissolution and Trusteeship of Education Body

(1) Where the Minister is of the opinion that an education body is not adequately exercising its powers, performing its duties or fulfilling its responsibilities under this Act or the regulations, the Minister may

(2) Where, as a result of the investigation, the Minister determines that the education body is not adequately exercising its powers, performing its duties or fulfilling its responsibilities under this Act or the regulations, the Minister may, with the approval of the Executive Council, appoint an interim trustee and, by order,

(3) Where any powers or duties of the education body are suspended, the interim trustee may exercise those powers and shall perform those duties for the period specified in the order and, where the interim trustee determines that the education body is able to do so, may allow the education body to exercise any or all of those powers or perform any or all of those duties before the end of the period specified in the order, subject to the supervision of the interim trustee.

(4) Where the education body is dissolved, the interim trustee may exercise the powers and shall perform the duties of the education body for the period specified in the order.

(5) An interim trustee appointed under this section is not liable for loss or damage caused by anything done or not done by him or her in good faith in the exercise of his or her powers or the performance of his or her duties.

(1) Where the Minister dissolves a Divisional Education Council, the Minister may, by order, state

(2) Where the Minister dissolves a Divisional Education Council, the members shall be deemed to have resigned from the Divisional Education Council.

(1) Subject to subsection (2), the Minister may, by order, declare that on and after a day specified in the order an education division or an education district is dissolved.

(2) No order shall be made under subsection (1) until the Minister has approved arrangements to satisfy the existing financial obligations of the education division or education district to be dissolved.

(3) On the dissolution of an education division or education district, the Minister shall, by order, make the arrangements that the Minister considers proper and expedient with respect to the transfer of the assets and liabilities of the education division or education district and any other adjustments and settlements that may be necessary to wind up the affairs of the education division or education district.

(1) Subject to subsections 81(3), (5), (6) and 102(3), an education body shall, for the area within its jurisdiction,

(2) In addition to the duties set out in subsection (1) and subject to subsections 81(3), (5), (6) and 102(3), an education body shall, for the area within its jurisdiction,

(3) A Superintendent employed outside the public service under paragraph (1)(m) is not liable for loss or damage caused by anything done or not done by him or her in good faith in the exercise of his or her powers or in the performance of his or her duties. SNWT 1996,c.10,s.35; SNWT 2004,c.8,s.2(1); SNWT 2014,c.28,s.2; SNWT 2015,c.13,s.152(2).

(1) Subject to subsections 81(4), 81(5) and 102(4), an education body may, for the area within its jurisdiction,

(2) In addition to the powers set out in subsection (1) and subject to subsections 81(4), 81(5) and 102(4), an education body may, for the area within its jurisdiction,

(3) A person employed outside the public service under paragraph (2)(d) is not liable for loss or damage caused by anything done or not done by him or her in good faith in the exercise of his or her powers or in the performance of his or her duties. SNWT 1996, c.10, s.36; SNWT 1998,c.16,s.1(2); SNWT 2001, c.11, s.4; SNWT 2006,c.6,s.31(5).

(1) Subject to subsections 81(7) and 102(5), an education body may, for the area within its jurisdiction,

(2) Subject to subsections 81(7) and 102(5) and subsection (3) of this section, an education body may, for the area within its jurisdiction, sell, lease or otherwise dispose of any of its real property.

(3) An education body shall not sell, lease or otherwise dispose of any of its real property unless it has obtained the written approval of the Minister. SNWT 1998,c.16,s.1(3); SNWT 2001,c.11,s.5; SNWT 2024,c.9,s.6(4).

(1) If a member has a pecuniary interest in a matter and is present at a meeting at which an education body is considering that matter, the member shall

(2) Where a member is aware of a pecuniary interest of another member, and that other member does not disclose the pecuniary interest, the member shall disclose the interest of the other member in accordance with this section.

(3) If the meeting referred to in subsection (1) is closed to the public, the member with a pecuniary interest in the matter being discussed shall leave the meeting during the discussion of the matter and the vote on the matter.

(4) Where a member with a pecuniary interest in a matter does not attend a meeting referred to in subsection (1) at which the discussion and vote took place on the matter, the member shall disclose his or her pecuniary interest at the next meeting that the member attends.

(5) This section does not apply to a member who

(1) Where a meeting is open to the public, the chairperson of the education body shall ensure that the disclosure of a pecuniary interest by a member is recorded in the minutes of the meeting.

(2) Where a meeting is closed to the public, the chairperson of the education body shall ensure that the fact that a disclosure was made, but not the details of that disclosure, is recorded in the minutes of the next meeting that is open to the public.

(1) The Minister shall administer this Act.

(2) The Minister shall

(3) For the purposes of this section, "hours of instruction" means the time during which a student receives instruction in the education program.

(4) The Minister shall, in accordance with this section, prescribe the hours of instruction for the academic year to be, where the student attends

(5) The Department of Education, Culture and Employment shall review the hours of instruction prescribed under subsection (4) within six months following the conclusion of the 2019-2020 academic year.

(6) The review shall consist of an examination of the hours of instruction, the effectiveness of the administration and implementation of the hours of instruction and the achievement of the objectives behind the hours of instruction.

(7) The Minister shall consult with the Legislative Assembly, or a committee of the Legislative Assembly designated or established by it, in the review referred to in subsection (5).

(8) The Minister shall table a report in the Legislative Assembly detailing the outcome of the review referred to in subsection (5)

SNWT 2005,c.11,s.2; SNWT 2017,c.8,s.4,4.1.

(1) The Minister may, in each financial year, provide to an education body by means of a grant or contribution or a combination of grant or contribution, and in accordance with the Financial Administration Act, operation and maintenance funds required for the delivery of the education program.

(1.1) When providing operation and maintenance funds to an education body under subsection (1), the Minister shall allow for

(1.2) The funding required by paragraphs (1.1)(a) and (b) need not be included with each grant or contribution, but must be provided by the end of the appropriate financial year.

(2) The Minister may, in each financial year, and in accordance with the Financial Administration Act, provide to an education body by means of a grant or contribution or a combination of grant or contribution, funds for capital expenditures required for the delivery of the education program.

(3) The Minister may reduce or suspend the payment of a grant or contribution payable to an education body where, in the opinion of the Minister,

SNWT 1996,c.10,s.38; SNWT 2000,c.2,s.2; SNWT 2024,c.9,s.6(2).

(1) An education body shall hold all funds under its control in an account or accounts in a bank and may withdraw those funds in accordance with the regulations.

(2) With the approval of the Minister of Finance, the Minister may give direction concerning the financial procedures and activities of an education body.

(1) Every education body shall cause an audit to be conducted annually.

(2) An auditor shall conduct an audit of accounts, transactions and financial procedures of the education body according to the prescribed principles.

(3) In addition to the examinations and reports required by or under this Act,

(4) An auditor preparing a report under subsection (3) shall forward a copy of the report to the Minister. SNWT 2015,c.13,s.152(4).

(1) An auditor has the right of access, at any time, to every record of the education body except student records.

(2) An auditor may request information related to the completion of an audit from members of the education body, employees of the education body and any other person with knowledge of the education body.

(3) Where a person fails or refuses to provide information requested under subsection (2), the auditor shall make a written request for the information.

(4) Where a person fails or refuses to respond to a written request made under subsection (3), the auditor shall report the failure or refusal to the Minister.

(5) On receipt of a report from an auditor under subsection (4), the Minister may

(1) The auditor shall submit an audit report to the chairperson of the education body and to the Superintendent

(2) The Superintendent and the financial officer of the education body shall

(3) The chairperson of the education body shall present the audit report to the education body at the next meeting held after the completion of the audit report and the review of the report by the Superintendent and the financial officer under subsection (2).

(4) The education body shall review the audit report and may approve the audited financial statements.

(5) Where the education body approves the audited financial statements under subsection (4), the chairperson and one other member of the education body shall, within 90 days of the end of the school year, sign the audit report and forward it to the Minister.

(6) Where the education body does not approve the audited financial statements under subsection (4), the Minister may take the measures as the Minister considers necessary in the circumstances including but not limited to the measures set out in section 113. SNWT 1996,c.10,s.39; SNWT 2024,c.9,s.6(3).

(1) In this section, "assessable property" means assessable property as defined in section 1 of the Property Assessment and Taxation Act.

(2) All assessable property that is liable to assessment and taxation for territorial, municipal or local purposes under the Property Assessment and Taxation Act, is liable to assessment and taxation for education purposes.

(3) Every education body that has been allocated the power set out in paragraph 119(c) to receive annually from the taxing authority for the district the sum of money collected from property taxes for education purposes, shall, as soon as practicable after the assessment roll, first revision, has been prepared by the Director of Assessment under the Property Assessment and Taxation Act, call a meeting of the ratepayers of the education district to discuss the amount required to be raised by the education district for education purposes for the next school year and other financial matters of interest and, when the meeting has been held, the education body shall determine the amount required and request it of

SNWT 1998,c.16, s.1(4).

(1) In this section, "property taxes" includes payments accepted in lieu of property taxes under section 73.1 of the Property Assessment and Taxation Act.

(2) A municipal taxing authority under the Property Assessment and Taxation Act shall pay those property taxes collected by the municipal taxing authority that are attributable to the levy of the education mill rate under the Property Assessment and Taxation Act to

(3) The Collector of Taxes shall pay to an education body those property taxes collected by him or her that are attributable to a levy of the education mill rate established pursuant to a request of the education body under paragraph 135(3)(b).

(4) Property taxes

(5) Where an education body acquires funds for education purposes through taxation of property, the education body does not require the approval of the Minister for that portion of its annual estimate of revenue and expenditures for operation and maintenance and capital which relates directly to the funds acquired by the education body through the taxation of property. SNWT 1998,c.16,s.1(5).

(1) An education body in a municipal taxation area may, by resolution, authorize the chairperson and financial officer to seek approval from the Minister of Finance, the Financial Management Board and the Minister, to borrow to meet current expenditures.

(2) Where an education body receives approval under subsection (1), the education body may, by resolution, authorize its chairperson and financial officer to

(3) A loan made under subsection (1) must be paid out of and is a first charge on the taxes that are collected for the year in which the loan was made.

(4) Where a loan is taken under this section, the education body shall

(5) The members of an education body who vote for any diversion of loan moneys from the purpose for which it was borrowed shall be jointly and severally liable for the amount so diverted, whether or not they are still members of the education body, and the amount shall be deemed to be a debt due and owing to the education body and may be recovered by action at the suit of the education body or any ratepayer on behalf of an education district affected by the diversion. SNWT 1996,c.10,s.40.

(1) An education body may pass a bylaw to borrow money on the security of a debenture

(2) The members of an education body who vote for any diversion of money secured by a debenture shall be jointly and severally liable for the amount so diverted, whether or not they are still members of the education body, and the amount shall be deemed to be a debt due and owing to the education body and may be recovered by action at the suit of the education body or any ratepayer on behalf of an education district affected by the diversion. SNWT 2024,c.9,s.6(4).

(1) An education body may pass a bylaw to borrow money on the security of a mortgage for capital expenditures to acquire land or to construct improvements to land or both for the purpose of providing living accommodation for employees of the education body.

(2) The members of an education body who vote for any diversion of money secured by a mortgage shall be jointly and severally liable for the amount so diverted, whether or not they are still members of the education body, and the amount shall be deemed to be a debt due and owing to the education body and may be recovered by action at the suit of the education body or any ratepayer on behalf of an education district affected by the diversion. SNWT 2024, c.9,s.6(4).

(1) An education body may, with the approval of the Minister, the Financial Management Board and the Minister of Finance, make a special resolution to borrow money for projects supporting the education program.

(2) The members of an education body who vote for any diversion of loan moneys from the purpose for which it was borrowed shall be jointly and severally liable for the amount so diverted, whether or not they are still members of the education body, and the amount shall be deemed to be a debt due and owing to the education body and may be recovered by action at the suit of the education body or any ratepayer on behalf of an education district affected by the diversion.

(1) If a majority of the ratepayers of the education district voting on a bylaw, resolution or special resolution respecting the issuance of a debenture, vote for the bylaw, resolution or special resolution, the education body may issue a debenture to secure the amount of the principal sum borrowed and the interest on that principal sum.

(2) The debenture and coupons shall be signed by the chairperson and the financial officer and sealed with the corporate seal of the education body.

(3) Where a debenture is issued under this Act, the debenture and the coupons must bear interest at the same rate before and after maturity and the debenture

SNWT 2024,c.9,s.6(4).

(1) In this section, "voter" means a voter as defined in the Local Authorities Elections Act.

(2) No person shall vote on an issue dealing with the expenditure of money by a public denominational District Education Authority unless that person supports the public denominational education district through property taxes.

(3) No person shall vote on an issue dealing with the expenditure of money by a District Education Authority unless that person supports the education district through property taxes.

(4) The municipal taxing authority shall forward a list of all ratepayers who support the public denominational District Education Authority and the District Education Authority in the district, to the person supervising a vote under this Act or in accordance with the Local Authorities Elections Act.

(5) Where a public denominational education district has been established,

(6) Where property is held by two or more persons as joint tenants or tenants in common, those persons shall be assessed in proportion to their interest in the property and the levies shall be directed to the District Education Authority or the public denominational District Education Authority according to their written statements.

(7) A corporation may file with the Director of Assessment a written statement that it is a supporter of the education district or the public denominational education district, or may state that all levies on its property for education purposes be directed in a stated proportion to both education districts.

(8) Where no written statement is filed by a corporation under subsection (7), the property taxes attributable to the levy of the education mill rate payable by a corporation shall be divided between the education district and the public denominational education district in shares proportional to the number of students registered with schools in each district.

(9) Every written statement filed under this section shall continue in force and be acted upon until it is withdrawn, varied or cancelled.

Universities

Repealed, SNWT 2019,c.27,s.68.

(1) The Minister may make regulations

(2) The Minister may make regulations

(3) The Minister may make regulations

(4) The Minister may make regulations

(5) Before making or amending regulations under this Act, the Minister

(6) The Minister shall, in accordance with the regulations, establish and maintain a register of organizations and the Minister shall consult with those organizations regarding

(7) An organization may request that the Minister place its name, address, phone number and telecopier number in the register and, in accordance with the regulations, the Minister shall place that information in the register. SNWT 1996,c.10,s.42; SNWT 2000, c.2,s.3; SNWT 2005,c.7,s.27(4); SNWT 2013,c.18, s.10; SNWT 2023,c.7,s.12(4); SNWT 2024,c.9,s.6(4).