Governor in Council CSAP Act Regulations
made under Section 66 of the
Conseil scolaire acadien provincial Act
S.N.S. 2023, c. 10
O.I.C. 2024-321 (effective August 15, 2024), N.S. Reg. 171/2024
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation
Definitions
Authorized person
Registration in French-first-language education program
French-first-language classes, facilities and programs
Transportation of students
Payment for student boarding
Remuneration and expenses
Composition and meetings of Conseil audit committee
Terms of reference of audit committee
Information gathering by and procedures of audit committee
Definition of “commercial activity”
Schedule “A” Declaration of an entitled parent or a parent of an authorized person wishing to
register a child in a French-first-language education program provided by the Conseil
scolaire acadien provincial
Citation
1 These regulations may be cited as the Governor in Council CSAP Act Regulations.
Definitions
2 In these regulations,
“Act” means the Conseil scolaire acadien provincial Act;
“authorized person” means a person authorized to receive a French-first-language
education under Section 3.
Authorized person
3 In addition to a child of an entitled parent, all of the following are authorized to receive a
French-first-language education:
(a) a child
(i) whose grandparent speaks French or spoke French during their
lifetime,
(ii) who speaks, reads and writes in French at their grade level, and
(iii) who has a parent who is all of the following:
(A) a Canadian citizen,
(B) committed to actively promoting the French language in their
child throughout their schooling;
(b) a child who
(i) has a parent who is not a Canadian citizen, and
(ii) meets all of the following criteria:
(A) speaks, reads and writes in French at their grade level,
(B) lives in a home where French is spoken;
(c) a student who participates in an international exchange program and who
speaks, reads and writes in French at their grade level;
(d) a child of a biological parent who is not an entitled person, but who lives
with a Canadian citizen who is an entitled person.
Registration in French-first-language education program
4 (1) An entitled parent or a parent of an authorized person wishing to register a child in
a French-first-language education program must file with the Conseil a declaration
in the form set out in Schedule “A”.
(2) The Conseil may request from a child’s parent further information about any child
that a parent wishes to register in a French-first-language education program and
the Conseil must, subject to subsection (3), use that information to determine if the
child’s parent is an entitled parent or the child is an authorized person.
(3) The Minister may review any declaration filed with the Conseil under subsection
(1) and any additional information provided by the parent under subsection (2) and
make a final determination as to whether the child’s parent is an entitled parent or
the child is an authorized person, and the Minister’s determination overrides any
determination made by the Conseil under subsection (2).
(4) A child may only be registered in a French-first-language education program if a
declaration has been filed with the Conseil under subsection (1) and the child’s
parent has been found to be an entitled parent or the child has been found to be an
authorized person.
French-first-language classes, facilities and programs
5 (1) If the Conseil is making preliminary plans to start a new class consisting of
children of entitled parents who are not registered in a French-first-language
education program,
(a) it may conduct a pre-registration of children of entitled parents in order to
determine the demand for French-first-language education program
instruction; and
(b) it must consider all of the following when developing the
French-first-language education program:
(i) the proximity of its existing classes or facilities to the children of
entitled parents who would be assembled as a new class,
(ii) the expected number of children of entitled parents who would
register in the program,
(iii) any other pertinent factors.
(2) Before establishing new French-first-language classes of children of entitled
parents who are not registered in a French-first-language education program, the
Conseil must do all of the following:
(a) have a discussion with the education entity in the area where the class is
proposed to be established about the desire to establish a class in the area;
(b) obtain the Minister’s approval of all of the following:
(i) the projected number of children of entitled parents in the class;
(ii) the assembly of the children described in subclause (i) as a class.
(3) For the purpose of determining whether a sufficient number of children of entitled
parents can be assembled to make up a class, the Minister may examine whether
the children of entitled parents are sufficiently concentrated both geographically
and by grade level, taking into account the following factors:
(a) the proximity of existing classes and facilities to the area;
(b) the number of children of entitled parents in the area;
(c) the potential for future admissions;
(d) the distances over which the children of entitled parents must be
transported;
(e) the ages of the children of entitled parents.
(4) Course and program implementation plans adopted by the Conseil must first be
approved by the Minister.
Transportation of students
6 (1) Under clause 12(n) of the Act, the Conseil must provide for the transportation of
students within its jurisdiction by either providing the service itself or arranging for
a person to provide the service if 1 of the following applies and the Conseil
determines that transportation of the students is necessary:
(a) 1 or more students reside more than 3.6 km from the school to which they
are to be transported;
(b) 1 or more students require transportation because of special needs regardless
of where they reside in relation to the school.
(2) The Conseil must, on or before April 15 of the year it first provides a
French-first-language education program, prepare a written plan for approval by
the Minister describing the means by which it proposes to meet its obligations
under the Act for the transportation of students.
Payment for student boarding
7 Under clause 12(o) of the Act, the Conseil must pay for the boarding of a student
attending a school providing a French-first-language education program if all of the
following criteria are met:
(a) the school is a public school;
(b) the Conseil has approved the student’s enrollment at the school;
(c) the Conseil considers it impracticable to convey the student to the school
that the student would normally attend or in which the student is enrolled;
(d) the Conseil considers the boarding costs to be reasonable.
Remuneration and expenses
8 (1) The Conseil may pay an annual stipend to a member of the Conseil for occupying
1 of the following roles that is no greater than the corresponding rate set out in the
following table:
Role
|
Maximum Annual Stipend
|
Member
|
$14 400
|
Vice-chair
|
$16 400
|
Chair
|
$22 000
|
(2) On or before July 31 in the year of the election of members mandated under
Section 26 of the Act, the Minister must engage a person to complete an
independent review of the maximum annual stipend set out in subsection (1).
(3) Following the independent review described in subsection (2), the person who
completed the independent review must make a recommendation to the Minister
about the amount of the maximum annual stipend that takes into account all of the
following:
(a) similar remuneration rates for similar types of board members across the
Province or country;
(b) the workload of the members;
(c) member accountability;
(d) attraction and retention of members.
(4) After the completion of the independent review described in subsection (2) and
receiving the recommendation described in subsection (3), the Minister may
accept, reject or modify the maximum annual stipend set out in subsection (1) in
accordance with the recommendation made to the Minister under subsection (3).
(5) If the Minister modifies the maximum annual stipend by increasing it, the new
maximum annual stipend replaces the amounts set out in subsection (1) as of the
effective date determined by the Minister and the Conseil may adjust the annual
stipend paid on or after the effective date to an amount that is no more than the
amount of the new maximum annual stipend.
(6) The Conseil may reimburse members for expenses incurred while performing the
required duties of a member at the maximum rates set out in policy for provincial
employees.
Composition and meetings of Conseil audit committee
9 (1) In this Section and Sections 10 and 11, “audit committee” means an audit
committee established under Section 60 of the Act by the Conseil.
(2) An audit committee must be composed of at least 3 members and those members
must meet all of the following criteria:
(a) they must not be employed by the Conseil or have been employed by the
Conseil within 1 year of their appointment to the audit committee;
(b) they must be members of the Conseil.
(3) Despite subsection (2), an audit committee may include 1 member who is not a
member of the Conseil if the Conseil determines that it is desirable to supplement
the financial expertise of the other audit committee members with the financial
expertise of the non-member.
(4) An audit committee must meet as often as required to carry out its duties and at
least 2 times in each fiscal year of the Conseil.
Terms of reference of audit committee
10 An audit committee must assist the Conseil in monitoring and maintaining the internal
controls of the Conseil’s operations by doing all of the following:
(a) reviewing the annual report and any other report, findings or
recommendations of the auditor or any other person conducting a review of
the financial management and internal controls of the Conseil;
(b) reviewing the management response to the annual report and any other
report, findings or recommendations described in clause (a);
(c) monitoring corrective and other actions taken by the Conseil in response to
the annual report and any other report, findings or recommendations
described in clause (a);
(d) reviewing any other matters as directed by the Conseil or that the audit
committee believes require review;
(e) making a report to the Conseil when the audit committee considers
appropriate and at least once each fiscal year that includes the findings and
recommendations of the audit committee.
Information gathering by and procedures of audit committee
11 (1) An audit committee must have free access at all times to the reports, records,
documents, books, accounts and vouchers of the Conseil and is entitled to receive
from officers and employees of the Conseil any information and explanations that
the audit committee considers necessary for the performance of the audit
committee’s duties, and the officials and employees of the Conseil must promptly
provide the required access, information or explanations.
(2) For the purpose of subsection (1), the Chief Financial Officer of the Conseil must
coordinate the provision of reports, records, documents, books, accounts and
vouchers to an audit committee.
(3) An audit committee may, if the audit committee considers appropriate, meet with
the auditor conducting the annual audit or any other person conducting a review of
the financial management and internal controls of the Conseil without staff of the
Conseil being present.
(4) An audit committee must, if the auditor conducting the annual audit or any other
person conducting a review of the financial management and internal controls of
the Conseil requests, meet with the auditor or other person without staff of the
Conseil being present.
Definition of “commercial activity”
12 For the purpose of Section 45 of the Act, “commercial activity” of the Conseil includes
entering into an agreement with a person to permit the person, for a fee, to place
advertising posters in a school administered by the Conseil.
Schedule “A”
Declaration of an entitled parent or a parent of an authorized person wishing to register a
child in a French-first-language education program provided by the Conseil scolaire
acadien provincial
Child
Name: Date of Birth:
Present School: Present Grade:
Address:
Requested School: Requested Grade:
Parent(s)/Guardian(s)
Name:
Address:
Telephone: Work
Home
Name:
Address:
Telephone: Work
Home
Please provide the following information. This information will be used to determine whether
you are an entitled parent under the Conseil scolaire acadien provincial Act.
PLEASE MARK THE STATEMENT THAT APPLIES TO YOU:
I am a citizen of Canada YES / NO
and
(a) my first language learned and still understood is French YES / NO
(b) I received my primary school instruction in Canada in a
French-first-language education program YES / NO
(c) one of my children has received or is receiving primary or
secondary school instruction in Canada in a French-first-
language education program YES / NO
Note: You only qualify as an entitled parent if you are a Canadian citizen and you answer
“yes” to at least one of a, b or c.
PLEASE PROVIDE THE FOLLOWING INFORMATION IF ONE OF THE PARENTS
MEETS CRITERIA (b) OR (c):
Name of school attended:
Address:
Date of attendance:
____________________________________________________________________________
Please provide the following information. This information will be used to determine whether
the child is an authorized person under the Conseil scolaire acadien provincial Act.
FOR AUTHORIZED PERSON CATEGORY 1 OR 2
I am a citizen of Canada YES / NO
and, if yes,
(a) my child has a grandparent who speaks French or spoke
French during their lifetime and YES / NO
(b) my child speaks, reads and writes in French at their grade
level and YES / NO
(c) I am committed to actively promoting the French language
in my child throughout their schooling YES / NO
and, if no,
(a) my child speaks, reads and writes in French at their grade
level and YES / NO
(b) my child lives in a home where French is spoken YES / NO
AUTHORIZED PERSON CATEGORY 3
I am a student who participates in an international exchange
program and I speak, read and write in French at my grade level YES / NO
OR
My child is a student who participates in an international
exchange program and my child speaks, reads and writes in
French at their grade level YES / NO
AUTHORIZED PERSON CATEGORY 4
The child lives with me and I am a Canadian citizen YES / NO
and
(a) my first language learned and still understood is French YES / NO
(b) I received my primary school instruction in Canada in a
French-first-language education program YES / NO
Note: You only qualify as an entitled person if you are a Canadian citizen and you answer
“yes” to at least one of a or b.
PLEASE PROVIDE THE FOLLOWING INFORMATION IF YOU MEET CRITERION (b):
Name of school attended:
Address:
Date of attendance:
____________________________________________________________________________
I request that the Conseil scolaire acadien provincial provide the above-named child with
instruction in a French-first-language education program. I declare that the information I have
provided on this form is true and exact and I am prepared to provide any information the
Conseil scolaire acadien provincial requests to establish that my child is entitled to attend a
French-first-language education program provided by the Conseil scolaire acadien provincial.
Signature:
Name (in printed letters):
Date:
(This form is available in French and English)
The following regulations are not
yet in force and are not included in the current consolidation: