Petition Regulations

1.

In these regulations, "Act" means the Education Act.

Petition to Alter or Establish an Education District or a District Education Authority

2.

Residents of a community who petition the Minister to establish an education district or to alter the limits of an existing education district under section 79.1 of the Act, shall provide the following information in the petition:

(a) the signatures of 50 adult residents of the community or 50% of the adult population of the community, whichever is less;

(b) the printed name and address of each petitioner;

(c) where the community is a tax-based community, an indication of whether each petitioner is a ratepayer and which education district the ratepayer supports;

(d) the desired change, including the approximate boundaries of the new education district or the alteration to one or more existing education districts, as the case may be;

(e) the reason for the petition;

(f) the date of submission of the petition;

(g) the name of a person who may be contacted should more information or a public meeting be required.

3.

Residents of an education district who petition the Minister for the establishment or operation of a District Education Authority under subsection 86(1) of the Act, shall provide the following information in the petition:

(a) the signatures of 50 adults residing in the education district or 50% of the adult population residing in the education district, whichever is less;

(b) the printed name and address of each petitioner;

(c) where the education district falls within a community that is tax-based, an indication of whether each petitioner is a ratepayer and which education district the ratepayer supports;

(d) the desired change, including a detailed description of the proposed structure or method of operation, as the case may be;

(e) the reason for the petition;

(f) the date of submission of the petition;

(g) the name of a person who may be contacted should more information or a public meeting be required.

4.

The Minister shall, within 90 days of the receipt of a petition under section 2 or 3, consider the petition and may

(a) request additional information from the petitioners in accordance with section 5;

(b) contact the municipal council of the community in which the education district is located or, where there is no municipal council, the band council in the community, and contact other community groups or organizations and other education bodies that may be affected by the proposed change, to ask for comments relating to the proposed change;

(c) request the petitioners to hold a public meeting in accordance with section 6;

(d) arrange, pursuant to section 7, for a referendum to be held at the next election, in the community or communities affected by the petition, of members of a local authority under the Local Authorities Elections Act;

(e) grant the petition; or

(f) reject the petition.

5.

(1) Where the Minister requires further information in order to make a decision regarding a petition, the Minister may request that information from the person named in the petition for that purpose and may request that the person provide the required information within a specific time.

(2) The Minister shall further respond to the petition under section 4 within 30 days of receiving all requested information.

6.

(1) Where the Minister requests a public meeting under paragraph 4(c), the Minister shall contact the person named in the petition for that purpose to request that the petitioners hold, in the communities affected by the petition that are specified by the Minister, a public meeting to discuss the contents of the petition.

(2) The Minister may request that

(a) specified questions be posed to the persons attending each public meeting; and

(b) the information gathered at each public meeting be provided under subsection (3) in a specified manner and within a specified time.

(3) The person named in the petition shall provide to the Minister the information gathered at each public meeting within 30 days after the date of the public meeting.

(4) The Minister shall consider the information received under subsection (3) and, within 60 days after the date of the last public meeting, shall consider any objections made and may grant or reject the petition.

7.

(1) The Minister may arrange for a referendum to be held in any or all of the communities affected by the petition in conjunction with an election of members of a local authority under the Local Authorities Elections Act and shall prepare the question to be posed in the referendum.

(2) The question posed in the referendum shall explain the request in the petition and ask whether the voters are in favour of the request in the petition.

(3) Where 60% or more of the persons voting in the referendum vote in favour of the request in the petition, the Minister shall grant the petition.

(4) Where less than 60% of the persons voting in the referendum vote in favour of the request in the petition, the Minister shall reject the petition. Petition to Remove, Add or Move an Education District

8.

A District Education Authority that petitions to have the education district for which it is responsible removed from an education division, added to an education division or moved to a different education division under subsection 83(1) of the Act, shall provide the following information in the petition:

(a) the desired change;

(b) the reason for the petition;

(c) the date of submission of the petition;

(d) the name of a person from the District Education Authority who may be contacted should more information or a public meeting be required.

9.

The Minister shall, within 90 days of the receipt of a petition under section 8, consider the petition and may

(a) request additional information from the petitioner in accordance with section 10;

(b) contact the municipal council of the community in which the education district is located or, where there is no municipal council, the band council in the community, and contact other community groups or organizations and other education bodies that may be affected by the proposed change, to ask for comments relating to the proposed change;

(c) request the petitioner to hold a public meeting in accordance with section 11;

(d) grant the petition; or

(e) reject the petition.

10.

(1) Where the Minister requires further information in order to make a decision regarding a petition, the Minister may request that information from the person named in the petition for that purpose and may request that the person provide the required information within a specific time.

(2) The Minister shall further respond to the petition in accordance with section 9 within 30 days of receiving all requested information.

11.

(1) Where the Minister requests a public meeting under paragraph 9(c), the Minister shall contact the person named in the petition for that purpose to request that the petitioner hold, in the education districts affected by the petition that are specified by the Minister, a public meeting to discuss the contents of the petition.

(2) The Minister may request that

(a) specified questions be posed to the persons attending each public meeting; and

(b) the information gathered at each public meeting be provided under subsection (3) in a specified manner and within a specified time.

(3) The person named in the petition shall provide to the Minister the information gathered at each public meeting within 30 days after the date of the public meeting.

(4) The Minister shall consider the information received under subsection (3) and, within 60 days after the date of the last public meeting, shall consider any objections made and may grant or reject the petition.

12.

The District Education Authorities in an education division that petition for the establishment or operation of a Divisional Education Council under subsection 103(1) of the Act, shall provide the following information in the petition:

(a) the desired change, including a detailed description of the proposed structure or method of operation, as the case may be;

(b) the reason for the petition;

(c) the date of submission of the petition;

(d) the name of a person from each District Education Authority who may be contacted should more information or a public meeting be required.

13.

The Minister shall, within 90 days of the receipt of a petition under section 12, consider the petition and may

(a) request additional information from the petitioners in accordance with section 14;

(b) contact the municipal council of the community in which the education district is located or, where there is no municipal council, the band council in the community, and contact other community groups or organizations and other education bodies that may be affected by the proposed change, to ask for comments relating to the proposed change;

(c) request the petitioners to hold a public meeting in accordance with section 15;

(d) grant the petition; or

(e) reject the petition.

14.

(1) Where the Minister requires further information in order to make a decision regarding a petition, the Minister may request that information from the person named in the petition for that purpose and may request that the person provide the required information within a specific time.

(2) The Minister shall further respond to the petition in accordance with section 13 within 30 days of receiving all requested information.

15.

(1) Where the Minister requests a public meeting under paragraph 13(c), the Minister shall contact the person named in the petition for that purpose to request that the petitioners hold, in the education districts affected by the petition that are specified by the Minister, a public meeting to discuss the contents of the petition.

(2) The Minister may request that

(a) specified questions be posed to the persons attending each public meeting; and

(b) the information gathered at each public meeting be provided under subsection (3) in a specified manner and within a specified time.

(3) The person named in the petition shall provide to the Minister the information gathered at each public meeting within 30 days after the date of the public meeting.

(4) The Minister shall consider the information received under subsection (3) and, within 60 days after the date of the last public meeting, shall consider any objections made and may grant or reject the petition.

Interpretation

Petition to Alter or Establish a

Divisional Education Council