Atlantic Provinces Special Education Authority Regulations - Atlantic Provinces Special Education Authority Act (Nova Scotia)

as amended to O.I.C. 2011-353 (effective September 27, 2011), N.S. Reg. 279/2011

1 These regulations may be cited as the Atlantic Provinces Special Education Authority Act Regulations.

(a) “Agreement” means the Agreement made the 24th day of January, 1975 between the Atlantic Provinces providing for educational services, programs and opportunities for persons with a low-incidence sensory impairment in the Atlantic Provinces and for facilities and personnel for the operation and administration of the same and for the financing thereof;

(d) “Board” means the Board of Directors of the Atlantic Provinces Special Education Authority;

(e) “Executive Committee” means an executive committee appointed by the Board pursuant to the Agreement;

(g) “Resource Centre” means a centre established for the purposes of the Agreement;

(h) “Superintendent’ means the person appointed by the Board pursuant to the Agreement who shall be responsible to the Board for the operation of all Authority programs.

2 The Authority shall have a seal. It shall at no time be used except by authority of the Board previously given, and in the presence of at least two members of the Board who shall sign every instrument to which the seal is affixed.

3 The head office of the Authority shall be at Halifax, in the County of Halifax, Province of Nova Scotia.

4 The administration, management, general direction and control of the affairs of the Authority shall be vested in the Board of Directors, the membership of which shall be the membership as duly constituted by the Agreement.

5 At the first regular meeting of the members of the Board and at each subsequent annual meeting, a Chairman, Vice-Chairman, a Secretary and a Treasurer shall be elected from among the members. The same person may hold both offices of Secretary and Treasurer and he shall be known as the Secretary-Treasurer. Any vacancy may be filled by the Board from among its members for the remainder of the term of the retiring officer. At any annual meeting, the retiring Chairman, Vice-Chairman, Secretary or Treasurer shall be eligible for re-election.

6 The Board shall appoint a person with the title of Superintendent and such other officers, teachers, employees and specialists as in the opinion of the Board are necessary to carry out its purposes.

7 The Chairman shall preside at every meeting of the Board, unless the Chairman is absent or indicates that he is unable or unwilling to preside as Chairman at a particular meeting, in which case the Vice-Chairman shall preside as chairman. The Chairman and Vice-Chairman shall have such other powers and duties as may from time to time be prescribed by the Board.

8 The Secretary shall keep the minutes of the meetings of the Board and perform such other duties as may be assigned to him by the Board.

9 The Treasurer shall perform such duties as may be assigned to him by the Board.

10 The Superintendent shall be the chief executive officer of the Board and shall be responsible to the Board for the operation of all Authority programs and the Superintendent or the Superintendent designate shall attend Committee meetings of the Board.

11 A Director, appointed by the Board for a Resource Centre, shall be responsible to the Board through the Superintendent for the conduct and operation of the Resource Centre and shall perform such duties as may be assigned to him by the Board.

12 The annual meeting of the Board shall be held during the month of June in each and every calendar year.

14 All meetings of the Board shall be held at Halifax, in the County of Halifax, Province of Nova Scotia, or at such other place within the Atlantic Provinces as the Board may from time to time determine.

15 Regular meetings of the Board shall be held monthly on the 1st Thursday following the 10th day in each month unless the Chairman otherwise determines. The place and time of regular meetings shall be as the Chairman may determine. Any four directors agreeing thereto in writing may call a regular meeting.

16 Three days’ notice of a meeting specifying the place, day, hour and business of the meeting, shall be given by telephone, telegraph or post by the Chairman if the Chairman has called the meeting. Two weeks’ notice by post shall be given if the meeting is called by four members agreeing thereto in writing. Provided, however, that no notice shall be required to be given of any meeting of directors held for the sole purpose of organization and the election and appointment of officers immediately following any annual meeting and no notice of any meeting shall be necessary if all the directors are present or if a quorum is present and those absent have waived notice of or otherwise signified in writing their consent to the holding of such meeting.

Notice by telephone shall be sufficient only if the person giving notice has given the requisite notice by a prepaid direct call to a person who identifies himself by name as a member of the Board.

Notice by telegraph shall be sufficient if a telegram is sent through a regular commercial telegraph service to the last known address of the Board members. Notice by post shall be sent in a prepaid letter addressed to each member at his last known address and shall be deemed to have been given at the time when the letter containing the same would be delivered in the ordinary course of post.

The non-receipt of any notice by any member shall not invalidate the proceedings at any meeting.

17 At any adjourned meeting any business which might properly have been transacted at the meeting originally called may be transacted without further notice.

18 Seven (7) members of the Board shall constitute a quorum at any meeting of the Board provided that at least one member from each of the Atlantic Provinces must be in attendance at the commencement of the meeting in order to constitute the quorum unless the Deputy Minister of Education of a province from which at least one member is not in attendance at the commencement of the meeting waives the latter requirement verbally or in writing to the Chairman or Vice-Chairman. Notwithstanding vacancies, the remaining members may exercise all the powers of the Board so long as a quorum of the Board remains in office.

19 All members of the Board, including the Chairman, shall have one vote. Where there is an equality of votes, the vote shall be a lost vote.

21 The fiscal year of the Authority shall be the period from the 1st day of April in any year until the 31st day of March in the next succeeding year.

22 The Board shall keep all financial accounts of the Authority and advise the Executive Committees monthly of their expenditures and of the unexpended balance of their budgeted funds.

23 Prior the 1st day of November in each year the Board shall prepare a budget which shall show the estimated revenues and expenditures for the next ensuing fiscal year.

24 The Board shall, at each annual meeting, appoint an auditor or auditors to hold office until the next annual meeting.

25 The banking business of the Authority or any part thereof shall be transacted with such chartered banks as the Board may designate, appoint or authorize from time to time by resolution and all such banking business or any part thereof shall be transacted on the Authority’s behalf by such one or more officers or other persons as the Board may designate, direct or authorize from time to time by resolution and, to the extent therein provided.

26 Subject to Section 25, contracts, deeds and other instruments and documents may be executed on behalf of the Authority by the Chairman together with the Vice-Chairman or the Secretary or any other member of the Board.

27 No salary or other remuneration shall be paid to any member of the Board in respect of services rendered to the Authority as such member; provided, however, that the Board shall reimburse each member for all expenses incurred by the member in performing his duties as a member.

28 (1) All persons employed by the Board who are not eligible to make contributions to the Nova Scotia Teachers’ Pension Fund shall

(a) be classified in their duties and responsibilities by the Board in accordance with classifications established by the Nova Scotia Department of Human Resources for persons having similar duties and responsibilities who are employed in the civil service of the Province of Nova Scotia;

(b) be compensated for their services at the same rates as are established under the Nova Scotia Civil Service Act for civil servants employed in similar classifications; and

(c) otherwise be employed by the Board on the same terms and conditions relating to working hours, sickness benefits, vacation benefits and leave of absence benefits as are applicable to such civil servants employed in similar classifications.

(2) In any case where the Board considers that it is not practicable or not in the public interest that subsection (1) shall apply to any person or persons mentioned therein, the Board may exclude such person or persons in whole or in part from the operation of subsection (1), and employ the person or persons on such terms and conditions as it deems advisable.

29 (1) All persons employed by the Board who are eligible to make contributions to the Nova Scotia Teachers’ Pension Fund shall

(a) be certified by the Registrar, Department of Education, Province of Nova Scotia, in accordance with the scheme of certification prescribed in the regulations made pursuant to Section 3 of the Nova Scotia Education Act;

(b) be compensated for their services at rates of salary not less than the scales of teachers’ salaries paid by the Board of School Commissioners of the City of Halifax to teachers employed by the School Board; and

(2) Notwithstanding subsection (1), where, immediately before the 1st day of March 1975, a person was permanently employed as a teacher by the Board of Directors of the Interprovincial School for the Education of the Deaf or by the Board of Managers of the Halifax School for the Blind, the Board may continue to employ the person on the same terms and conditions respecting salary and other benefits as were previously enjoyed by the person.

30 Regulations 26 and 27 of the regulations made pursuant to Section 3 of the Nova Scotia Education Act apply mutatis mutandis to the Board and to every teacher or other person in the employ of the Board.

31 The Board shall establish policies and procedures for the ongoing evaluation of the Board’s programs and services.

32 The Director of a Resource Centre may suspend a pupil for a period of not more than one week where a pupil persistently violates the regulations of the Centre.

33 (1) Before suspending a pupil pursuant to Section 32, the Director shall advise the pupil’s parents or guardians in writing of the pupil’s specific unacceptable behaviour and the possibility of a suspension.

(2) If the pupil’s behaviour does not improve, the Director shall send a second letter to the pupil’s parents or guardians requesting one or both of the parents or guardians to meet with the pupil and the Director to endeavour to resolve the behavioural concerns.

(3) The pupil shall be given an opportunity to explain or defend his or her behaviour.

(6) If after the two warnings and subsequent meeting pursuant to subsection (2) or in the event the parents or guardians refuse to meet with the Director and the pupil continues to violate the regulations of the Centre, the Director shall advise the pupil and the pupil’s parents or guardians in writing that the pupil is being suspended from the Centre, the length of the suspension, and the reason for the suspension.

(7) Notices of suspension shall be forwarded to the parents or guardians by registered mail and copies shall be forwarded to the Superintendent of the Authority and the superintendent of the pupil’s school district.

34 A Director may suspend a pupil for a period of not more than two weeks who behaves in a manner that is likely to endanger the physical or mental well-being of other persons.

35 Where a pupil has been suspended pursuant to Section 34, the pupil and the pupil’s parents or guardians shall be given written notice of the complaint against the pupil upon which the suspension is based and the duration of the suspension.

36 (1) A Director may recommend to the Superintendent of the Authority that a suspension of a pupil pursuant to Sections 32 or 34 be extended for a period of not more than the remaining number of days in the school year.

(2) If the Superintendent approves the recommendation of the Director, the pupil and the pupil’s parents or guardians shall be advised by registered mail

(a) that the Superintendent of the Authority has suspended the pupil from the Resource Centre; and

(c) of their right to appeal the suspension to a Board of Appeal appointed by the Authority by sending a notice to the Superintendent within ten days of the receipt of the decision of the Superintendent.

(a) the Authority shall appoint a Board of Appeal consisting of one or more persons at the discretion of the Authority; and

38 The pupil and the pupil’s parents or guardians may appeal before a Board of Appeal appointed pursuant to Sections 37 or 41 in person with or without counsel.

39 (1) Within ten days of hearing the appeal, the Board of Appeal shall render its decision and shall notify the pupil, and the pupil’s parents or guardians, counsel, the pupil’s school district superintendent and the Authority that

(c) the suspension has been extended for a period of days not in excess of the remaining number of days in the school year.

(2) The pupil and the pupil’s parents or guardians shall be advised that there is a right of appeal from the decision of the Board of Appeal appointed by the Authority to a Board of Appeal appointed by the Minister of Education of the pupil’s province of residence.

40 The pupil and the pupil’s parents or guardians may appeal the decision of the Board of Appeal appointed by the Authority by giving written notice of appeal to the Authority and the Minister of Education of the pupil’s province of residence within 10 days of receipt of the decision.

(a) the Minister of Education of the pupil’s province of residence shall appoint a Board of Appeal consisting of one or more persons at the discretion of the Minister; and

42 The decision of the Board of Appeal appointed by the Minister of Education of the pupil’s province of residence shall be final and binding.

The current consolidation of the Atlantic Provinces Special Education Authority Regulations made under the Atlantic Provinces Special Education Authority Act includes all of the following regulations:

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue
103/1975	Jul 22, 1975	date approved	unpublished¹
136/1978	Jul 4, 1978	date approved	Jul 27, 1978
143/1980	Aug 26, 1980	date approved	Sep 18, 1980
113/1985	Jul 2, 1985	date approved	Jul 25, 1985
293/1990	Nov 13, 1990	date approved	Nov 30, 1990
279/2011	Sep 27, 2011	date specified	Oct 21, 2011

The following regulations are not yet in force and are not included in the current consolidation:

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

ad. = added am. = amended	fc. = fee change ra. = reassigned		rep. = repealed rs. = repealed and substituted
Provision affected		How affected
1........................................................		ra. as 1A 279/2011
1(h)..............................................		am. 293/1990
1 .......................................................		ad. 279/2011
1A.....................................................		ra. from 1 279/2011
1A(a)...........................................		am. 279/2011
1A(b)...........................................		rep. 279/2011
1A(f)............................................		rep. 279/2011
10......................................................		rs. 293/1990
11......................................................		rs. 143/1980
20......................................................		rep. 293/1990
20(a)............................................		rs. 143/1980
24......................................................		rs. 113/1985
27......................................................		am. 293/1990
31......................................................		rs. 293/1990
32......................................................		ad. 136/1978; rs. 293/1990
33-43................................................		ad. 293/1990

	Note	Effective date
1	Regulations in effect on the first of April, 1977, and filed with the Registrar before March 31, 1978, are exempt from publication under subsection 24(2) of the Regulations Act.
2	The Board of School Commissioners for the City of Halifax referred to in S. 29 (continued under the School Boards Act, S.N.S. 1991, c. 6) is dissolved, in accordance with the Education Act, S.N.S. 1995-96, c. 1, s. 8(a), on the creation of the Halifax Regional School Board by O.I.C. 96-583 under s. 7 of the Education Act.	Aug 1, 1996
3	Title of Act changed from Handicapped Persons’ Education Act to Atlantic Provinces Special Education Act by S.N.S. 2010, c. 53.	Mar 22, 2011
4	References to the Department or Minister of Education throughout these regulations should be read as references to the Department or Minister of Education and Early Childhood Development in accordance with Order in Council 2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376.	Apr 4, 2013
5	The reference in S. 29 to the Board of School Commissioners for the City of Halifax is to be read as a reference to the regional centre that succeeds the Halifax Regional School Board, in accordance with the Education Reform (2018) Act, S.N.S. 2018, c. 1, s. 52.	Apr 1, 2018

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.

Atlantic Provinces Special Education Authority Regulations	N.S. Reg. 103/1975
Atlantic Provinces Special Education Authority Act
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.