French First Language Education Regulations

Regulation

Registration: R-166-96
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Education Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

s.9 amended by R-033-99,s.2
s.10 amended by R-033-99,s.3
s.11 amended by R-033-99,s.4
s.11 amended by R-043-2000,s.2
s.12 amended by R-065-2021,s.2
s.12.1 amended by R-043-2000,s.3
s.12.2 amended by R-043-2000,s.3
s.12.3 amended by R-043-2000,s.3
s.12.4 amended by R-043-2000,s.3
s.12.5 amended by R-043-2000,s.3
s.12.6 amended by R-043-2000,s.3

Cites

Cited by

None.

The Minister, under section 151 of the Education Act and every enabling power, makes the French First Language Education Regulations.

Interpretation

In these regulations,

"Act" means the Education Act; (Loi)

"French first language instruction" means instruction in the education program in French but does not include a French immersion program or the teaching of French as a second language. (enseignement en français langue première)

Establishment of Program

(1) Where the Minister determines that the right under section 23 of the Canadian Charter of Rights and Freedoms of French first language instruction applies in an education district, the Minister shall direct the District Education Authority for that education district to establish a program of French first language instruction.

(2) In order to determine whether the right under section 23 of the Canadian Charter of Rights and Freedoms of French first language instruction applies in an education district, the Minister shall consider

(a) the existence of a program of French first language instruction in a neighbouring education district;

(b) the number of and ages of eligible children in the education district;

(d) the number of potential registrations of children in the education district and of children in a neighbouring education district; and

(e) the distance over which eligible children would have to be transported.

Where a program of French first language instruction is established, the Minister and the District Education Authority shall make every effort to continue that program for a minimum of three years.

Comités de parents francophones

(1) Where a program of French first language instruction exists and a conseil scolaire francophone or commission scolaire francophone de division is not established in respect of that program, three or more parents of children eligible for the program may, in writing, request the District Education Authority responsible for the education district in which the parents reside to establish a comité de parents francophones.

(2) A District Education Authority receiving a request under subsection (1) shall establish a comité de parents francophones.

(3) A District Education Authority may establish more than one comité de parents francophones in an education district, but no more than one comité de parents francophones may be established in respect of any one school.

(4) A comité de parents francophones shall make by-laws and policies to govern the conduct of its business that are consistent with the Act and the regulations made under the Act.

Conseils scolaires francophones

(1) A District Education Authority shall establish a conseil scolaire francophone where a comité de parents francophones has been in existence for at least one school year and the comité de parents francophones requests, in writing, that the District Education Authority establish a conseil scolaire francophone.

(2) A District Education Authority establishing a conseil scolaire francophone under subsection (1) shall, by by-law, specify the number of members of the conseil scolaire francophone, which number must be between three and five and as requested by the comité de parents francophones.

(3) A District Education Authority may establish more than one conseil scolaire francophone in an education district, but no more than one conseil scolaire francophone may be established in respect of any one school.

(4) Subject to section 6, the District Education Authority that established the conseil scolaire francophone shall conduct the election for members of the conseil publicly in the manner in which it would conduct an election of its members under the Local Authorities Elections Act and the Local Authorities Elections Act applies, with such modifications as the circumstances require, to the election.

(5) A District Education Authority or a conseil scolaire francophone, or both, may submit a question to the voters under section 7 of the Local Authorities Elections Act at the same time an election for members of the conseil scolaire francophone is held.

(6) A member of a conseil scolaire francophone holds office for three years or until the day of the next general election for members of the District Education Authority that established the conseil, whichever is sooner, except that where there is less than 12 months remaining before the next general election for members of the District Education Authority, the member of the conseil scolaire francophone holds office until the end of the term of the members of the District Education Authority who are elected at the next general election of the District Education Authority.

(7) A conseil scolaire francophone shall select from its members a chairperson and a vice-chairperson.

(1) A District Education Authority shall ensure that every person having rights under section 23 of the Canadian Charter of Rights and Freedoms and who has a child registered in a French first language program is enumerated as a voter for the election for members of a conseil scolaire francophone and shall prepare a list of voters in advance of the election.

(2) No person other than a person having rights under section 23 of the Canadian Charter of Rights and Freedoms may be nominated or stand as a candidate in an election for members of a conseil scolaire francophone.

(1) A District Education Authority establishing a conseil scolaire francophone shall, with regard to the delivery of a program of French first language instruction, delegate to that conseil scolaire francophone the duty to

(a) consider any comments and recommendations, with regard to a school, that are provided by the students, student representatives, parents and school staff who have an interest in that school;

(b) at the beginning of each academic year, invite each principal to have a student representative from each school attend and participate in the public meetings of the conseil scolaire francophone and establish guidelines for the participation of student representatives in those meetings;

(c) provide students with text books and other learning materials and, where in the opinion of the conseil scolaire francophone it is necessary, fix prices for those books and materials;

(d) provide library, audio-visual and other resource materials;

(e) subject to sections 38 to 43 of the Act, attempt to settle all disputes relating to French first language instruction and individual education plans that arise between a student or his or her parent and education staff;

(f) with the advice of education staff, parents, persons having rights under section 23 of the Canadian Charter of Rights and Freedoms and other community members, develop and deliver culture based school programs in accordance with the requirements of the curriculum;

(g) hold a public meeting annually to consult with persons having rights under section 23 of the Canadian Charter of Rights and Freedoms regarding the goals and plans for the program of French first language instruction for the next school year;

(h) in accordance with the directions of the District Education Authority, monitor, evaluate and direct the delivery of school programs to assure the highest possible education standards in the schools;

(i) in accordance with the directions of the District Education Authority, evaluate program plans and provide direction with respect to those plans;

(j) in cooperation with the District Education Authority, evaluate and provide support to home schooling programs in French first language instruction; and

(k) in accordance with the directions of the District Education Authority, establish and advise the District Education Authority of the hours of instruction for the academic year for schools, the opening and closing dates for schools, the dates established for the development of the skills of the education staff, the dates established for the performance of non- instructional duties by education staff, and dates for vacations and for the observance of holidays for schools.

(2) A District Education Authority establishing a conseil scolaire francophone shall also, with regard to the delivery of a program of French first language instruction, delegate to that conseil the duty to

(a) in cooperation with the District Education Authority, provide equipment and facilities for school programs for physical education, athletics and recreation;

(b) in accordance with the directions of the District Education Authority, enter into agreements that provide for the maximum possible use of education facilities for purposes outside the education program;

(c) have custody and safekeeping of all the education facilities that are used for the education program and maintain the education facilities in good condition;

(d) employ and bond a financial officer or officers as it considers necessary;

(e) receive the moneys that are provided by grant or contribution by the Minister for the use of the conseil scolaire francophone for the delivery of the education program;

(f) make expenditures to meet the requirements of the education program and the Act and supervise and be accountable for all expenditures;

(g) provide advice to the District Education Authority regarding the purchase or construction of education facilities;

(h) keep a full and accurate record of its proceedings and financial transactions and affairs;

(i) subject to subsection 136(5) of the Act, prepare for the approval of the District Education Authority, in accordance with the regulations made under the Act, an annual estimate of revenue and expenditures for the operation and maintenance of the education program in the area within its jurisdiction for the next school year;

(j) subject to subsection 136(5) of the Act, prepare, for the approval of the District Education Authority and in accordance with the directions of the Minister, an annual estimate of revenue and expenditures for all capital items for the education program in the area within its jurisdiction for the next school year; and

(k) prepare, for the approval of the Minister and in accordance with the regulations made under the Act, an operational plan for the education program in the area within its jurisdiction.

(3) A conseil scolaire francophone shall make by- laws and policies to govern the conduct of its business including the financial responsibilities of the conseil scolaire francophone.

(4) By-laws and policies made under subsection (3) must be consistent with the Act and the regulations made under the Act and allow the District Education Authority to fulfil its duties under the Act and the regulations made under the Act.

A District Education Authority establishing a conseil scolaire francophone shall, with regard to the delivery of a program of French first language instruction, delegate to that conseil scolaire francophone the power to

(a) develop and produce learning resources and materials to support the delivery of culture based school programs and other local programs;

(b) authorize, supervise and evaluate the use of distance learning programs in the provision of the education program;

(d) guide the District Education Authority with regard to the entering into of agreements with other education bodies to deliver the education program including the payment of tuition in the circumstances set out in subsection 14(2) of the Act;

(e) pay an honorarium and expenses to each of its members in accordance with the regulations made under the Act;

(f) in addition to the school program, develop and deliver early childhood development, adult education, cultural, religious or other programs to enhance learning and charge fees for the programs;

(g) collect or maintain information that affects decisions made about the education of a student and maintain a record of the decisions; and

(h) with regard to the education staff assigned to the conseil scolaire francophone for French first language instruction, provide direction to the Superintendent regarding the recruitment, interviewing and hiring of applicants.

Commission scolaire francophone de division

(1) Where one or more conseils scolaires francophones wish to request, under section 84 of the Act, the Minister to establish a commission scolaire francophone de division for the Territories, the conseil or conseils shall provide the following information to the Minister:

(a) projected enrolment for the program of French first language instruction;

(b) proposed budget for the commission scolaire francophone de division;

(d) plans for staffing for the program of French first language instruction;

(e) name and address of a person who may be contacted should more information be required and a telephone number at which the person may be reached;

(f) the method for the fulfilment of the duties of a Superintendent set out in the Act.

(2) Where the Minister receives the information listed in subsection (1) and the Minister is not satisfied that the criteria set out in paragraph (3)(a) are met, the Minister may request more information from the person referred to in paragraph (1)(e).

(3) The conseil scolaire francophone or conseils scolaires francophones that provided the information under subsection (1) may request the Minister to establish a commission scolaire francophone de division where

(a) the Minister is satisfied, based on the information provided under subsections (1) and (2), that the commission scolaire francophone de division will

(i) fulfil the duties of an education body under the Act,

(ii) meet the standards established by the Minister for the education program, and

(iii) be able to fulfil the duties of a Superintendent under the Act; or

(b) more than 500 students are registered in the program of French first language instruction in the area that would be within the jurisdiction of the commission.

R-033-99,s.2.

10.

A commission scolaire francophone de division is a corporation. R-033-99,s.3.

11.

(1) On the establishment of a commission scolaire francophone de division, the District Education Authority or District Education Authorities responsible for the conseil scolaire francophone or conseils scolaires francophones that requested the establishment of the commission scolaire francophone de divison shall dissolve the conseil or conseils.

(2) A commission scolaire francophone de division shall consist of

(a) five persons from the education district within the jurisdiction of the commission scolaire francophone de division, where there is one education district;

(b) three persons from each education district within the jurisdiction of the commission scolaire francophone de division, where there are two or three education districts; or

(c) two persons from each education district within the jurisdiction of the commission scolaire francophone de division, where there are four or more education districts.

(2.1) Where one or more education districts are added to the jurisdiction of a commission scolaire francophone de division under subsection 84(3.2) of the Act,

(a) subject to subsection (2.2), the composition of the commission scolaire francophone de division shall be changed in accordance with subsection (2); and

(b) elections for the applicable number of persons set out in subsection (2) shall be held, as soon as possible, for each education district added to the commission scolaire francophone de division.

(2.2) Every member of a commission scolaire francophone de division who held office immediately before an education district was added under subsection 84(3.2) of the Act continues as a member until the expiry of his or her term or until he or she resigns or otherwise ceases to be a member.

(3) Subject to section 12, the election of persons as members of the commission scolaire francophone de division shall be conducted publicly in the same manner as the election of members of a District Education Authority under the Local Authorities Elections Act and the Local Authorities Elections Act applies, with such modifications as the circumstances require, to the election. R-033-99,s.4; R-043-2000,s.2.

12.

(1) A person having rights under section 23 of the Canadian Charter of Rights and Freedoms may be nominated and stand as a candidate in an election for members of a commission scolaire francophone de division.

(2) A person having rights under section 23 of the Canadian Charter of Rights and Freedoms and who has a child registered in a French first language program may vote in an election for members of a commission scolaire francophone de division.

(3) A member of a commission scolaire francophone de division holds office for three years or until the day of the next general election for members of the District Education Authority for the education district in respect of which that member is elected, whichever is sooner, except that where there is less than 12 months remaining before the next general election for the members of the District Education Authority, the member of the commission scolaire francophone de division holds office until the end of the term of members of the District Education Authority who are elected at the next general election of the District Education Authority.

(3.1) Notwithstanding subsection (3),

(a) a member of a commission scolaire francophone de division elected after October 17, 2020 holds office until the day of the next general election for members of the District Education Authority for the education district in respect of which that member is elected; and

(b) a member of a commission scolaire francophone de division elected on or after October 18, 2021 holds office for three years.

(4) The commission scolaire francophone de division shall select from its members a chairperson and a vice-chairperson. R-065-2021,s.2.

12.1.

(1) A member of a commission scolaire francophone de division may resign by submitting a written resignation to the secretary of the commission scolaire francophone de division, and the member ceases to hold office at the meeting of the commission scolaire francophone de division at which the resignation is received.

(2) If all the members of a commission scolaire francophone de division wish to resign at the same time, they may resign by sending the Minister a notice in writing to that effect, and their resignations are effective on the day on which new members take office. R-043-2000,s.3.

12.2.

A member of a commission scolaire francophone de division shall vacate his or her seat and cease to be a member where that person

(a) is convicted of an offence under the Act or the regulations;

(b) would, after his or her election, not be eligible to be a candidate at an election for members of the commission scolaire francophone de division;

(c) absents himself or herself from meetings of the commission scolaire francophone de division for three consecutive meetings without being authorized to do so by a resolution entered in the minutes of the commission scolaire francophone de division; or

(d) contravenes the code of conduct established by the commission scolaire francophone de division for its members.

R-043-2000,s.3.

12.3.

(1) Where the number of members of a commission scolaire francophone de division falls below the number provided for by subsection 11(2) but does not fall below the quorum, the commission scolaire francophone de division may fill the vacancy or vacancies by

(a) appointing a person or persons who are eligible as candidates and reside in the same community as the member or members who are being replaced; or

(b) holding an election.

(2) Where the number of members of a commission scolaire francophone de division falls below the quorum, the commission scolaire francophone de division shall fill the vacancies by holding an election.

(3) A member of a commission scolaire francophone de division appointed or elected under subsection (1) or (2) holds office for the balance of the term of the member whom he or she is appointed or elected to replace. R-043-2000,s.3.

12.4.

(1) Subject to subsection (2), a majority of the number of members of a commission scolaire francophone de division provided for by subsection 11(2) and, if applicable, subsection 11(2.2) constitute a quorum.

(2) Where, because of the operation of subsection 11(2.2), the membership of a commission scolaire francophone de division is comprised of a greater number of members from an education district than from another education district, at least one member from each education district that is within the jurisdiction of the commission scolaire francophone de division must be present for a quorum to be constituted.

(3) No decision of a commission scolaire francophone de division is binding unless it is made at a meeting at which a quorum is present.

(4) Notwithstanding subsections (1), (2) and (3), where the number of members of a commission scolaire francophone de division has fallen below the quorum, the Minister may, by order, deem the remaining number of members to be a quorum until an election is held to fill the vacancies. R-043-2000,s.3.

12.5.

(1) In this section, "commission scolaire francophone de division" includes committees established by a commission scolaire francophone de division.

(2) Subject to subsection (4), a commission scolaire francophone de division shall hold its meetings in public.

(3) Subject to subsection (4), no person shall be excluded from a meeting of a commission scolaire francophone de division except for improper conduct.

(4) A commission scolaire francophone de division may, by resolution, authorize its meetings to be closed to the public where

(a) it is of the opinion that to do so is in the public interest; and

(b) the resolution is made by at least 2/3 of the members present.

(5) No commission scolaire francophone de division 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. R-043-2000,s.3.

12.6.

(1) A commission scolaire francophone de division shall conduct its business in accordance with the Conduct of Business Regulations, established by regulation numbered R-194-96.

(2) A commission scolaire francophone de division shall, in accordance with the Conduct of Business Regulations, established by regulation numbered R-194-96, make by-laws governing the procedure to be followed in transacting the business of the commission scolaire francophone de division.

(3) A commission scolaire francophone de division shall establish a code of conduct for its members. R-043-2000,s.3.

13.

Where a commission scolaire francophone de division has been established, a District Education Authority responsible for an education district that is not within the jurisdiction of the commission scolaire francophone de division shall, in accordance with the directions of the Minister, consult with the commission scolaire francophone de division regarding the provision of a program of French first language instruction.

Application of Act to commission scolaire francophone de division

14.

The following provisions of the Act apply to or in respect of a commission scolaire francophone de division as if it were a District Education Authority:

(a) section 6;

(b) subsections 9(1) and 13(2);

(d) subsection 18(3);

(e) sections 22 and 23;

(f) subsection 28(2);

(g) sections 34, 35, 36, 63 and 69;

(h) subsection 77(2);

(i) paragraph 78(2)(h);

(j) section 114;

(k) paragraph (a) of the definition "member" in section 121.