Ministerial Education Act Regulations
made under Section 97 of the
Education Act
S.N.S. 2018, c. 1, Schedule A
N.S. Reg. 59/2018 (effective April 1, 2018)
amended to N.S. Reg. 174/2024 (effective August 15, 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
Public School Program
Required instruction and courses—grades primary to 6
Required instruction and courses—grades 7 to 9
Required instruction and courses—grades 10 to 12
Required instruction and courses—high school level
Required programming and services for students with special needs
Optional courses, programs and services
French programs
Descriptions of course material published
School year
Christmas vacation
Spring vacation
Hours of teaching defined
Minimum hours of teaching
Primary grade hours of teaching
Maximum hours of teaching directed
Dismissing classes for health and safety of students
Closing school for school day
Hours of teaching directed for certain classes
School travel programs
Administration of evaluation and assessment programs
Placement of students by education entities
Policy for review of student’s progress
Nova Scotia School Book Bureau
Books provided to educational entities by Book Bureau
Sale of books by Book Bureau
Return of books and materials to Book Bureau
Replacement of defective new books by Book Bureau
Council on Mi’kmaq Education
Definition of “Council”
Council membership
Members’ terms of office
Quorum for meeting of Council
Replacement of Council member
Council to establish own rules
Additional duties of Council
Council recommendations for appointments
Council on African-Canadian Education
Definitions for Sections 39 to 46
Council membership
Members’ terms of office
Quorum for meeting of Council
Replacement of Council member
Council to establish own rules
Additional duties of Council
Council recommendations for appointments
Reports on Division to Council
Appeal Process—Individualized Program Plan for Student with Special Needs
Definition for Sections 48 to 55
Request for appeal
Establishing board of appeal
Scheduling hearing of appeal
Hearing not open to public
Conducting hearing
Actions of board of appeal on completion of hearing
Decision of board of appeal
Order of board of appeal is final
Senior Staff of Education Entities
Definitions of senior staff of education entities
Administrative structure for senior staff of education entities and related
requirements
Departments within administrative structure
Conflict of Interest Policy
Definitions for Sections 61 to 67
Duties of regional executive director or superintendent
Communication of policy
Disagreement about compliance referred to regional executive director or
superintendent
Confidentiality of information
Non-compliance with conflict of interest policy
Principles of conflict of interest policy
Mandatory requirements for conflict of interest policy
School Advisory Councils
Interpretation for Sections 69 to 75
Establishing school advisory council
School advisory council agreements
Composition of school advisory council
School advisory council established to replace predecessor under former Act
Newly established school advisory council
Vacancy on school advisory council
Duties of school advisory council
Student Protection
Interpretation for Sections 77 to 84
Prescribed persons under subsection 53C(1) of the Act
Exemption from subsection 53C(1) of the Act
Employee moving to a new role, position or engagement
Verification of record checks
Criminal record check schedule
Regional executive director and superintendent
Collection of annual declaration
Form and content of annual declaration
Manner of disclosure under Section 53F of the Act
Content of disclosure
Citation
1 These regulations may be cited as the Ministerial Education Act Regulations.
Definitions
2 In these regulations,
“Act” means the Education Act;
“Book Bureau” means the Nova Scotia Book Bureau described in Section 25;
“Christmas vacation” means the vacation described in Section 12;
“school day” means any day other than Saturday, Sunday or a school holiday;
“school holiday” means any of the following:
(i) Nova Scotia Heritage Day,
(ii) Good Friday,
(iii) Easter Monday,
(iv) Victoria Day,
(v) Labour Day,
(vi) Thanksgiving Day,
(vii) Remembrance Day,
(viii) any day during the Christmas vacation,
(ix) any day during the spring vacation;
“spring vacation means the vacation described in Section 13;
“student with special needs” means a student who meets all of the following criteria:
(i) they are identified by an education entity as requiring additional program
planning in the learning process to meet the student’s needs,
(ii) they are enrolled in and receiving an education program provided by an
education entity for which the Program Planning Process has been
initiated and followed in accordance with the Nova Scotia Special
Education Policy;
“superintendent” means the superintendent of the Conseil scolaire acadien
provincial.
Public School Program
Required instruction and courses—grades primary to 6
3 Each education entity must provide, as part of the public school program, in each school
under its jurisdiction, instruction in the courses prescribed by the Minister in all of the
following for grades primary to 6, inclusive:
(a) language arts;
(b) health;
(c) science;
(d) mathematics;
(e) social studies;
(f) physical education;
(g) music;
(h) art;
(i) 1 of the following:
(i) for students served by the education entities other than the Conseil
scolaire acadien provincial, core French, beginning at grade 4,
(ii) for students served by the Conseil scolaire acadien provincial, English
language arts, beginning at grade 4.
Required instruction and courses—grades 7 to 9
4 Each education entity must provide, as part of the public school program, in each school
under its jurisdiction, instruction in the courses prescribed by the Minister in all of the
following subjects for grades 7 to 9, inclusive:
(a) English;
(b) French;
(c) personal development and relationships;
(d) science;
(e) mathematics;
(f) social studies;
(g) physical education;
(h) 2 of the following:
(i) industrial arts technology,
(ii) family studies,
(iii) fine arts.
Required instruction and courses—grades 10 to 12
5 (1) Each education entity must provide, as part of the public school program, in each
school under its jurisdiction, instruction in the courses prescribed by the Minister in
all of the following subjects for grades 10 to 12, inclusive:
(a) English;
(b) French;
(c) sciences;
(d) social studies;
(e) mathematics;
(f) physical education;
(g) technology.
(2) Each education entity must provide, as part of the public school program, but not
necessarily in every school under its jurisdiction, instruction in the courses prescribed
by the Minister in all of the following subjects in grades 10 to 12, inclusive:
(a) music;
(b) art;
(c) family studies;
(d) entrepreneurship;
(e) business education;
(f) industrial arts technology.
Required instruction and courses—high school level
6 Each education entity must provide, as part of the public school program, in each school
under its jurisdiction, instruction in all of the following at the high school level:
(a) Career and Life Management;
(b) Physically Active Lifestyles;
(c) any other course required by the Minister.
Required programming and services for students with special needs
7 Each education entity must provide, as part of the public school program, in each school
under its jurisdiction, programming and services for students with special needs.
Optional courses, programs and services
8 Each education entity may provide, as part of the public school program, any of the
following:
(a) comprehensive guidance programs and services;
(b) school library programs and services;
(c) other courses and programs approved by the Minister.
French programs
9 Each regional centre may provide, as part of the public school program, any of the
following programs:
(a) French immersion programs;
(b) extended core French programs.
Descriptions of course material published
10 The Minister may publish a description of the courses of study, textbooks and related
material prescribed by the Minister for use in the public school program, and any
administrative instructions and orders the Minister considers necessary for the effective use
of the courses, textbooks and related material.
School year
11 (1) The school year consists of 195 school days.
(2) Public schools must open each year no earlier than September 1 and no later than the
Wednesday following Labour Day.
(3) Public schools must close each year no later than June 30.
(4) A classroom may not be in operation for more than 195 days in a school year, and a
teacher may not teach or claim credit for more than 195 days in a school year.
(5) If the 195th school day in any school year falls on a Monday, an education entity
may declare that the 195th school day be observed on the Saturday immediately
before the Monday.
Christmas vacation
12 The Christmas vacation must begin no earlier than and end no later than dates fixed in
each school year by the Minister, and must consist of all of the following:
(a) Christmas Day;
(b) New Year’s Day;
(c) no fewer than 5 and no more than 10 additional weekdays.
Spring vacation
13 The spring vacation must consist of 5 consecutive weekdays in March, or another month,
on dates determined by the Minister.
Hours of teaching defined
14 For the purposes of the public school program,
“hours of teaching” means time during which students are under instruction or
otherwise under control or supervision by a teacher, but does not include time spent
by a teacher marking tests or examination papers for grading and classifying students
when no students are present or under the teacher’s control.
Minimum hours of teaching
15 (1) Except as otherwise provided in these regulations, there must be at least 5 hours of
teaching in each classroom on each school day.
(2) For the purpose of calculating an instructional day under subsection (1), an education
entity
(a) may, except as provided under clause (b), include a recess of no more than 15
minutes for any class or classes on each school day;
(b) must not include recess for any high school class or classes.
Primary grade hours of teaching
16 (1) An education entity may direct that the total number of hours of teaching time
scheduled in a school year for students in the primary grade is at least the product of
4 hours times the number of days in which teaching is scheduled for students in
other grades in the school.
(2) The hours of teaching scheduled under subsection (1) must be provided on each
school day and may be scheduled during any part of the time in which students in
other grades are receiving instruction.
Maximum hours of teaching directed
17 An education entity may direct that no more than 6 hours of teaching be provided on each
school day in any classroom.
Dismissing classes for health and safety of students
18 (1) If an education entity is of the opinion that it is necessary for the health and safety of
students for a class or classes of students under its jurisdiction to be dismissed, the
education entity may dismiss some or all of the classes in a school.
(2) If a class is dismissed under subsection (1) after school has been in session for 3
hours or more on a day, that day is deemed to be a school day for the class for the
purposes of the Act and its regulations.
(3) If a class is dismissed under subsection (1) before school is in session for 3 hours on
a day, that day is deemed not to be a school day for the class for the purposes of the
Act and its regulations.
Closing school for school day
19 (1) With the approval of the Minister, a regional executive director or superintendent
may order that a school be closed on a school day.
(2) When a classroom is not operated on a school day and the teacher cannot claim the
day as a school day for the purpose of calculating service under the Governor in
Council Education Act Regulations made under the Act, school may be taught, with
the approval of the Minister, on any of the following days not regularly included in
the school year:
(a) the days included in the spring vacation;
(b) no more than 3 Saturdays during a school year,
Hours of teaching directed for certain classes
20 An education entity may direct that no more than 4 hours of teaching be provided on each
school day for any of the following classes:
(a) class for students in grades 1 or 2;
(b) each class in which 2 classes are taught at different periods on the same day in
1 classroom.
School travel programs
21 (1) An education entity may, at its discretion, approve participation by its staff and
students in school travel programs within the Province, within Canada or outside
Canada, if all of the following conditions are met:
(a) a teacher or a student is only away from the school for 15 or fewer school days,
unless a greater number of days is approved by the regional executive director
or superintendent in consultation with the Department;
(b) a parent of a participating student is informed of the purpose and nature of the
school travel program and is given a detailed itinerary of the program;
(c) the parent of a participating student consents to their child’s participation;
(d) the education entity is satisfied that the educational benefits of the program are
equivalent to those that would be received by the students during the same
period of time in the classroom setting.
(2) Any teacher who accompanies students on a school travel program approved under
subsection (1) is considered to be performing their normal duties as a teacher during
those days, and those days are reckoned as days taught.
(3) A student or teacher must not take part in more than 1 school travel program in any 1
school year without the express consent of the education entity.
Administration of evaluation and assessment programs
22 An education entity is responsible for causing the administration of evaluation and
assessment programs required by the Minister and any evaluation and assessment
programs established by the education entity.
Placement of students by education entities
23 (1) Subject to subsection (2), an education entity must determine the appropriate
placement of students under its jurisdiction.
(2) In the case of the placement of a student with special needs, the obligation of an
education entity under subsection (1) is subject to all of the following:
(a) any appeal procedure established by the education entity;
(b) any appeal made under clause 48(2)(c).
Policy for review of student’s progress
24 (1) An education entity may establish a policy setting out the terms and conditions under
which a review of a student’s progress in the student’s school program, including
academic performance, must be conducted.
(2) A policy established under subsection (1) must be consistent with any Provincial
policy on the subject.
Nova Scotia School Book Bureau
25 The Nova Scotia School Book Bureau is a section of the Department responsible for the
purchase, sale and distribution of school books and related teaching-learning materials.
Books provided to educational entities by Book Bureau
26 (1) The Minister may assign credit with the Book Bureau to an education entity for each
fiscal year, in an amount determined by the Minister.
(2) The Book Bureau must provide an education entity with textbooks and other
teaching-learning materials prescribed by the Minister for use in grades primary to
12, inclusive, up to the education entity’s assigned credit with the Book Bureau in
each fiscal year.
(3) Books provided by the Book Bureau to an education entity are the property of the
education entity and are for the use of students enrolled in the school or schools
under its jurisdiction.
(4) An education entity must not sell or rent any books or related material provided by
the Book Bureau under this Section.
Sale of books by Book Bureau
27 (1) The Book Bureau may sell books or other teaching-learning materials for grades
primary to 12, inclusive, at the list price fixed by the Minister, plus shipping costs.
(2) The Book Bureau may restrict the sale of certain books and materials because of the
amount available in inventory and quantity ordered.
Return of books and materials to Book Bureau
28 Books and materials purchased from the Book Bureau may not be returned for credit,
exchange or refund except with the prior approval of the Book Bureau supervisor.
Replacement of defective new books by Book Bureau
29 Defective new books provided by the Book Bureau to an education entity under that
entity’s annual assigned credit must be replaced by the Book Bureau upon return of the
books to the Book Bureau.
Council on Mi’kmaq Education
Definition of “Council”
30 In Sections 31 to 37, “Council” means the Council on Mi’kmaq Education.
Council membership
31 The Council must consist of no more than 15 members appointed by the Minister,
including all of the following members:
(a) at least 4, but no more than 6, persons recommended by First Nation
organizations including all of the following:
(i) the Native Council of Nova Scotia,
(ii) the Union of Nova Scotia Indians,
(iii) the Confederacy of Mainland Mi’kmaq,
(iv) the Nova Scotia Native Women’s Association,
(v) the Mi’kmaw Kina’matnewey;
(b) up to 7 regional Mi’kmaq representatives, each representing 1 or more of the
school regions served by a regional centre, appointed after consultation with
the Mi’kmaq community and the regional executive director of a regional
centre;
(c) up to 3 members at large representing the Mi’kmaq community.
Members’ terms of office
32 The members of the Council hold office for the following terms:
(a) for members appointed under clauses 31(a) and (c), 3 years;
(b) for members appointed under clause 31(b), for the term specified in their
appointment.
Quorum for meeting of Council
33 A majority of the total members of the Council constitutes a quorum.
Replacement of Council member
34 If a member of the Council dies, resigns or is unavailable, unable or unwilling to act, the
Council must request that the Minister appoint a person to act for the unexpired term of
that member.
Council to establish own rules
35 The Council may establish rules respecting its operations and administration.
Additional duties of Council
36 The following are the additional duties of the Council prescribed under clause 17(2)(c) of
the Act:
(a) providing guidance to the Minister on the development, implementation,
evaluation and funding of educational programs and services for Mi’kmaq
students in the public school system;
(b) in respect of the public school program and Mi’kmaq students, advising the
Minister on the development of appropriate curricula reflecting Mi’kmaq
history, language, heritage, culture, traditions and contributions to society;
(c) in respect of the public school program and non-Indigenous students, advising
the Minister on the development of appropriate curricula reflecting Mi’kmaq
history, language, heritage, culture, traditions and contributions to society;
(d) in respect of the public school program, advising the Minister respecting the
development of Mi’kmaq language arts courses for Mi’kmaq students and
Mi’kmaq language arts courses for non-Indigenous students;
(e) advising the Minister respecting the adequacy of the information about the
Mi’kmaq Nation and other First Nations found in existing curricula, and
providing suggestions for change as needed;
(f) advising the Minister on how the programs and services of the Department are
meeting the needs of Mi’kmaq students in the public schools and how they
may be improved to better serve Mi’kmaq students;
(g) making recommendations to the Minister regarding cross-cultural issues,
learning styles and assessment practices and how these may be supported in the
public education system;
(h) recommending policies, initiatives and ideas to the Minister that foster the
educational development of Mi’kmaq students and the advancement of
Mi’kmaq education;
(i) making recommendations to the Minister respecting research on matters
relevant to the education of Mi’kmaq students.
Council recommendations for appointments
37 The Council may recommend to the Minister of Labour and Advanced Education the
names of persons to be considered for appointment to the following:
(a) the Board of Governors of the Nova Scotia Community College;
(b) the Nova Scotia Council on Higher Education.
Council on African-Canadian Education
Definitions for Sections 39 to 46
38 In Sections 39 to 46,
“Black Learners Advisory Committee (BLAC)” means the Committee on Education
for Black Learners established in 1990 to investigate and report on the education of
Black Nova Scotians, and to make recommendations for improvement in the
provision of programs and services for Black learners;
“Council” means the Council on African-Canadian Education;
“Division” means the African Canadian Services Division of the Department;
“regional education committee” means the committee representing the African Nova
Scotian community in each of the geographic regions listed in clause 39(1)(b) and
charged with recommending council member candidates for consideration by the
Minister.
Council membership
39 (1) The Council must consist of no more than 17 members appointed by the Minister,
including all of the following members:
(a) at least 4, but no more than 6, persons recommended by Provincial
organizations of the African Nova Scotian community, including the African
United Baptist Association, the Black Educators Association and the Black
Cultural Society;
(b) 1 person representing the African Nova Scotian community in each of the
following geographic areas of the Province:
(i) Antigonish-Guysborough,
(ii) Cape Breton, composed of Richmond County, Inverness County,
Victoria County and Cape Breton Regional Municipality,
(iii) Northern Region, composed of the counties of Cumberland, Colchester
and Pictou,
(iv) Valley Region, composed of the counties of Kings, Hants and Annapolis,
(v) Southwest Nova, composed of the counties of Lunenburg, Shelburne,
Yarmouth and Digby, and the Region of Queens Municipality,
(vi) Halifax, composed of the former City of Halifax, the former Town of
Bedford and that area of the former County of Halifax that is on the
former Halifax City side of the harbour,
(vii) Dartmouth, composed of the former city of Dartmouth and the former
County of Halifax on the former Dartmouth side of the harbour;
(c) at least 4, but no more than 6, members at large representing the African Nova
Scotian community.
(2) Before appointments to the Council are made under clause (1)(b), the Minister must
consider the names of persons recommended by the following:
(a) the regional education committees concerned with African Canadian
education;
(b) the Council.
Members’ terms of office
40 (1) A member of the Council is appointed for a term of 3 years.
(2) A member of the Council is eligible for re-appointment when their term of office
expires.
Quorum for meeting of Council
41 A majority of the total number of members of the Council constitutes a quorum.
Replacement of Council member
42 If a member of the Council dies, resigns or is unavailable, unable or unwilling to act, the
Council must request that the Minister appoint a person to act for the unexpired term of
that member.
Council to establish own rules
43 The Council must establish rules respecting its operations and administration.
Additional duties of Council
44 The following are the additional duties of the Council prescribed under clause 19(2)(c) of
the Act:
(a) in respect of the Black Learners Advisory Committee Final Report, providing
guidance to the Minister on the development, implementation, evaluation and
funding of educational programs and services for Black learners;
(b) advising the Minister how the programs and services of the Division are
meeting the needs of Black learners, and how they may be improved to better
serve Black learners;
(c) recommending policies, initiatives and ideas to the Minister that foster the
educational development of Black learners and advance African Canadian
education;
(d) soliciting the views of members of Black communities across the Province
respecting the education of Black learners, and bringing matters of interest and
concern to the attention of the Minister;
(e) making recommendations to the Minister in respect of research on matters
relevant to Black learners;
(f) if possible, participating in education planning on committees and
commissions related to African Canadian education;
(g) liaising with the Division in respect of its programs and services to Black
learners;
(h) advising the Minister on the establishment, role and ongoing operations of an
Afrocentric Learning Institute;
(i) supporting the regional educators program as a community-based resource and
reviewing its activities on an annual basis with the Minister and the
organization responsible for the program;
(j) advising the Minister on the Black Incentive Fund and making
recommendations respecting other scholarships and initiatives to support Black
learners.
Council recommendations for appointments
45 The Council must recommend to the Minister of Labour and Advanced Education the
names of persons to be considered for appointment to the following:
(a) the Board of Governors of the Nova Scotia Community College;
(b) the Nova Scotia Council on Higher Education.
Reports on Division to Council
46 The Division must send the Council reports describing the activities and operations of the
Division on a quarterly basis.
Appeal Process—Individualized Program Plan for Student with Special Needs
Definition for Sections 48 to 55
47 In Sections 48 to 55,
“board of appeal” means a board established by the Minister to conduct a hearing
into a dispute specified in Section 48.
Request for appeal
48 (1) If a dispute occurs between the parent of a student with special needs and the staff of
an education entity regarding an individualized program plan for the student, and the
dispute is not resolved by the education entity’s appeal process, the parent or
education entity may request, in writing, that the Minister establish a board of appeal
to provide a ruling on the matter.
(2) On request under subsection (1), a board of appeal may be established only if the
dispute concerns 1 of the following:
(a) a decision by an education entity not to proceed with the development of an
individualized program plan for a student with special needs;
(b) the proposed or existing individualized program plan outcomes for a student
with special needs;
(c) the proposed or existing placement of a student with special needs in respect of
the education programs provided by the education entity.
(3) A request for a board of appeal ruling must be made no later than 30 days after the
date of the decision, or the conclusion of the education entity’s appeal process,
whichever is later, in respect of the matter in dispute.
Establishing board of appeal
49 (1) On receiving a request in accordance with Section 48, the Minister may, as soon as
practicable, establish a board of appeal to hear the appeal.
(2) A board of appeal must consist of the 3 following members:
(a) 1 member named by the regional executive director or superintendent, who is
not the regional executive director or superintendent or an employee of the
education entity and who was not providing services to the education entity at
the time of, or at any time within the 3 years immediately before the date of,
the request for the appeal;
(b) 1 member named by the parent of the student with special needs involved in
the matter, who is not a parent or relative of the student and who was not
providing services to a parent of the student in respect of the student at the time
of, or at any time within the 3 years before the date of, the request for the
appeal;
(c) 1 member named by the Minister, who is not an employee of the Minister or
the Province.
(3) The chair of a board of appeal is the member named by the Minister.
Scheduling hearing of appeal
50 (1) The chair of a board of appeal must fix a time and place for the hearing of an appeal.
(2) The chair of a board of appeal may determine the duration of a hearing.
(3) The chair of a board of appeal may request any of the following in advance of a
hearing:
(a) records and documentation that are to be submitted at the hearing;
(b) the names of persons whom the parties wish to attend in support of either of
the parties.
Hearing not open to public
51 A hearing of a board of appeal is not open to the public and no person is permitted to be
present other than the parties, their counsel and any other persons the chair of the board
may require or permit to be present.
Conducting hearing
52 (1) The parties may be represented at a hearing of a board of appeal by counsel or any
other person permitted at the hearing under Section 51.
(2) A board of appeal must observe the confidentiality of all documents and records.
(3) The chair of a board of appeal may adjourn any hearing at any time and from time to
time.
(4) The chair of a board of appeal must determine all questions arising during a hearing
respecting procedure or admissibility of evidence.
Actions of board of appeal on completion of hearing
53 (1) On completion of a hearing, a board of appeal must do 1 of the following:
(a) for a dispute concerning a matter specified in clause 48(2)(a),
(i) confirm the education entity’s decision not to proceed with development
of an individualized program plan for the student, or
(ii) order the education entity to proceed with the development of an
individualized program plan for the student;
(b) for a dispute concerning a matter specified in clause 48(2)(b),
(i) confirm the proposed or existing individualized program plan outcomes
for the student, or
(ii) order modification of the proposed or existing individualized program
plan outcomes for the student;
(c) for a dispute concerning a matter specified in clause 48(2)(c),
(i) confirm the education entity’s placement of the student in respect of the
education programs provided by the education entity, or
(ii) order a change in the placement of the student in respect of the public
school programs provided by the education entity.
(2) On completion of a hearing, a board of appeal may order the costs of the appeal to be
apportioned between the education entity and the parent.
Decision of board of appeal
54 (1) A board of appeal’s decision must be written by the chair of the board and include
written reasons for the decision.
(2) A board of appeal’s decision must be made and delivered to the parties and the
Minister no later than 60 days after the date the board is established, or as soon after
the 60 days as is practicable.
Order of board of appeal is final
55 A decision made by a Board of Appeal is final and binding upon all parties to the dispute.
Senior Staff of Education Entities
Definitions of senior staff of education entities
56 (1) In the Act and its regulations, “senior staff” of an education entity, other than the
Tri-County Regional Centre, means all of the following:
(a) regional executive director or superintendent, whose responsibilities respecting
the administrative structure are specified in clause 57(1)(a);
(b) director of the programs and student services department specified in clause
58(a), to be titled the Director of Programs and Student Services;
(c) director of the operational services department specified in clause 58(b), to be
titled the Director of Operational Services;
(d) director of the human resources services department specified in clause 58(c),
to be titled the Director of Human Resources Services;
(e) director of the financial services department specified in clause 58(d), to be
titled the Director of Financial Services.
(2) In the Act and its regulations, “senior staff” of the Tri-County Regional Centre
means the senior staff set out in clauses (1)(a) to (d).
Administrative structure for senior staff of education entities and related requirements
57 (1) The administrative structure for senior staff of an education entity, other than the
Tri-County Regional Centre, is composed of all of the following:
(a) the office of regional executive director or superintendent and the regional
executive director or superintendent who holds the office, who has all of the
following responsibilities respecting the administrative structure:
(i) overall responsibility for all of the departments in the administrative
structure and supervision of the directors of those departments,
(ii) responsibility for functions in all of the following categories:
(A) community relations,
(B) strategic and business planning,
(C) communications,
(D) accountability standards,
(E) continuous improvement framework;
(b) the departments specified in Section 58 and the directors of those departments.
(2) The administrative structure for senior staff of the Tri-County Regional Centre is
composed of all of the following:
(a) the office of regional executive director and the regional executive director, as
specified in clause (1)(a);
(b) the departments specified in clauses 58(a) to (c), and the directors of those
departments.
(3) A director of a department is responsible only for the department that they direct and
must not hold more than 1 senior staff position.
Departments within administrative structure
58 The following departments must be included in an education entity’s senior staff
administrative structure in accordance with Section 57:
(a) a programs and student services department, which has functions in all of the
following categories:
(i) student services,
(ii) implementation of the Provincial curriculum,
(iii) race relations, cross-cultural understanding and human rights,
(iv) education quality and accountability,
(v) principal support in programs and student services,
(vi) on behalf of the regional executive director or superintendent or a
director designated by the regional executive director or superintendent,
principals, including supervision and evaluation of principals,
(vii) technology in the curriculum and classrooms,
(viii) teacher professional development,
(ix) school advisory councils,
(ixa) school improvement plans,
(x) community education and adult education, if applicable,
(xi) any additional student-related programs and services offered by the
education entity;
(b) an operational services department, which has functions in all of the following
categories:
(i) facilities management, including community access,
(ii) capital construction and additions and alterations,
(iii) transportation of students,
(iv) technology,
(v) principal support in operations;
(c) a human resources services department, which has functions in all of the
following categories:
(i) labour relations, including support of local and Provincial bargaining,
(ii) performance management and growth planning systems,
(iii) non-teacher professional development and coordination of the education-entity-wide professional development plan,
(iv) employment equity,
(v) occupational health and safety,
(vi) employee health,
(vii) succession planning,
(viii) coordination of staff allocations,
(ix) staff recruitment and placement,
(x) principal support in human resources;
(d) a financial services department, which has functions in all of the following
categories:
(i) budgets,
(ii) accounting, including payroll,
(iii) insurance risk,
(iv) procurement,
(v) audit support,
(vi) principal support in finance,
(vii) school-based funds management.
Variances in administrative structure
59 (1) Except as provided in subsection (3), the Minister may approve a variance of any
requirement for an education entity’s senior staff administrative structure in Sections
56 to 58 for any period of time and on terms and conditions the Minister considers
appropriate.
(2) An education entity’s senior staff administrative structure that is varied under
subsection (1) must be at least as effective as the administrative structure required by
Section 57 in enabling the education entity to do all of the following:
(a) focus on the delivery of student programs and services as its primary
responsibility;
(b) manage its affairs in a productive manner, including achieving timely results,
and demonstrating continuous improvement;
(c) be responsive to student, parent and community needs for program and service
delivery, and to the needs of school advisory councils;
(d) be accountable for quality education, decision-making and resources;
(e) be adaptable and flexible to address emerging needs.
(3) The following requirements may not be varied under this Section:
(a) the requirement in Section 56 to include the senior staff position of director of
the programs and student services department and to include the office of
regional executive director or superintendent as a senior staff position;
(b) the requirement in Section 57 to have a department of programs and student
services.
Conflict of Interest Policy
Definitions for Sections 61 to 67
60 (1) In Sections 61 to 67,
“conflict of interest” means any situation in which a staff person, either on their own
behalf or on behalf of another person, attempts to promote a private or personal
interest in a manner that results in any of the following:
(i) interference with the objective exercise of the staff person’s duties,
(ii) a gain or advantage to the staff person or other person by virtue of the
staff person’s position with the education entity;
“education entity conflict of interest policy” means a conflict of interest policy
established for the staff of an education entity in accordance with this Section;
“staff” or “staff person” means staff or a staff person of an education entity.
(2) A regional executive director or superintendent referred to in Sections 61 to 67
includes any director designated by the regional executive director for the purposes
of the education entity conflict of interest policy.
Duties of regional executive director or superintendent
61 A regional executive director or superintendent must promote and ensure compliance with
the education entity conflict of interest policy and is responsible for all of the following:
(a) administering the policy with respect to the education entity’s staff, other than
the regional executive director or superintendent;
(b) ensuring that the education entity’s staff are informed of the requirements of
the policy;
(c) determining whether a conflict of interest exists in cases where a staff person
and the person’s supervisor disagree, and what actions, if any, are to be taken;
(d) establishing procedures for staff to report a conflict of interest to their
supervisors.
Communication of policy
62 (1) An education entity must prepare information and educational materials for its staff
about its education entity conflict of interest policy and arrange for the
communication of the policy to staff.
(2) An education entity must provide each staff person with a copy of its education
entity conflict of interest policy.
Disagreement about compliance referred to regional executive director or superintendent
63 A disagreement about compliance with the education entity conflict of interest policy
between a staff person and the staff person’s supervisor must be referred to the regional
executive director or superintendent.
Confidentiality of information
64 Information provided to a supervisor concerning a private interest of a staff person in
discussing potential conflicts of interest must be kept confidential, except as required by
law.
Non-compliance with conflict of interest policy
65 A staff person who does not comply with the education entity conflict of interest policy
may be disciplined.
Principles of conflict of interest policy
66 An education entity conflict of interest policy must be based on the principles that a staff
person should do all of the following:
(a) perform their duties and functions impartially, responsibly, diligently,
efficiently and with integrity;
(b) arrange their private interests in a manner that will prevent a conflict of
interest, with any doubt in this respect to be resolved in favour of the public
interest;
(c) not solicit or accept directly or indirectly a fee, gift or benefit from a person or
an organization that has dealings with the education entity or the Department;
(d) benefit from education entity and education-entity-related programs, services or
initiatives only to the extent that a member of the public benefits from them;
(e) benefit from information that is obtained in course of employment only to the
extent that a member of the public may benefit from it;
(f) not benefit from, use or permit the use of education entity property, including
leased property, or services, other than in the course of the performance of
official duties and functions, and otherwise only to the extent that a member of
the public may use or benefit from the property or services;
(g) in the course of the performance of official duties and functions involving the
public, assist all members of the public fairly and reasonably;
(h) maintain appropriate confidences;
(i) observe all laws and rules;
(j) not use their position, office or affiliation with an education entity or education
entity information or property to pursue personal interests;
(k) act in a manner that will bear the closest public scrutiny, an obligation that is
not fully discharged by simply acting within the law;
(l) take care to avoid being placed, or appearing to be placed, under any obligation
to any person or organization that might profit from special consideration by
the employee, and not accord preferential treatment in relation to any official
matter to any person or organization in which the employee, family members
or friends have an interest;
(m) if the staff person’s spouse, partner or dependent child has a contract or
agreement with the education entity that has not been awarded by open public
tender, disclose information about the contract or agreement to the regional
executive director or superintendent or, if the staff person is a regional
executive director or superintendent, to the Deputy Minister of the Department
or the Conseil scolaire acadien provincial.
Mandatory requirements for conflict of interest policy
67 An education entity conflict of interest policy must be consistent with Sections 60 to 66
and include all of the following:
(a) a statement setting out the purpose of the policy and explaining that the policy
sets out general principles and is not intended to set out every possible situation
that may raise a conflict of interest;
(b) a statement of policy objectives, including the objective to ensure that staff
avoid conflicts of interest and act in the public interest at all times while
discharging official duties and functions;
(c) the definition of “conflict of interest” set out in subsection 60(1);
(d) a statement that the policy applies to all staff;
(e) an outline of policy directives, including all of the following:
(i) a statement of principles consistent with the principles set out in Section
66,
(ii) the criteria, including legality, fairness and defensibility, to be used for
resolving cases in which it is uncertain that a conflict of interest exists,
(iii) a list of the types of employment and other activities that are not
permitted to be carried on by a staff person outside employment with the
education entity and a requirement that the staff person make a
confidential report regarding any outside employment or activities to
their supervisor,
(iv) how staff can receive notice of the policy,
(v) how a staff person can get clarification or interpretation of the policy,
(vi) how the educational material on the policy prepared by the education
entity in accordance with Section 62 is to be communicated;
(f) an explanation of the accountability of
(i) staff, and
(ii) the regional executive director or superintendent and a director
designated by the regional executive director or superintendent in
accordance with Section 61;
(g) the procedures for administering the policy as required by Section 61;
(h) a statement of the confidentiality requirement set out in Section 64;
(i) an explanation of the procedure for resolving disagreements about compliance
with the policy, in accordance with the requirements of Section 63;
(j) an explanation of the consequences of failing to comply with the policy.
School Advisory Councils
Interpretation for Sections 69 to 75
68 (1) In Sections 69 to 75,
“school advisory council” means a school advisory council for a public school as
provided for in subsection 21(1) of the Act;
“school advisory council agreement” means an agreement made between a school
advisory council, the education entity and the Minister under subsection 70(1).
(2) In Sections 69 to 75,
(a) a reference to a principal in relation to a public school or a school advisory
council for a public school is a reference to the principal of that public school;
(b) a reference to an education entity in relation to a public school or a school
advisory council for a public school is a reference to the education entity with
jurisdiction over that public school.
Establishing school advisory council
69 (1) A principal may establish a school advisory council for a public school if the
principal determines that it would benefit the public school.
(2) A principal must establish a school advisory council in any of the following
circumstances:
(a) a school advisory council was established for the public school before July 31,
2018, and was operating as a school advisory council during the school
academic year ending on July 31, 2018, under an agreement under the former
Act;
(b) any of the following groups petitions the principal in writing to establish a
school advisory council:
(i) a home and school association, parent-teacher association or similar
organization for the public school,
(ii) 5 or more parents of students attending the public school.
School advisory council agreements
70 (1) A school advisory council must enter into an agreement with the education entity
and the Department that sets out all of the following:
(a) the composition of the school advisory council, in accordance with Section 71;
(b) the duties of the school advisory council as prescribed by Section 75.
(2) A school advisory council, the education entity or the Department may amend the
school advisory council agreement at any time with the consent of both of the other
parties.
Composition of school advisory council
71 (1) A school advisory council must have at least 5 and no more than 18 members.
(2) Subject to subsections (3), (4) and (5), a school advisory council must consist of the
following persons:
(a) at least 1 parent of a child attending the school elected by the parents of the
children attending the school;
(b) at least 1 teacher employed at the school elected by the teachers employed at
the school;
(c) at least 1 person from the support staff employed at the school elected by the
support staff employed at the school;
(d) the principal, who is a non-voting member of the school advisory council;
(e) at least 1 representative of the community where the school is situated who
must be named to the school advisory council by 1 of the following methods:
(i) appointment by the school advisory council, taking into consideration the
importance of having diverse views represented on the school advisory
council,
(ii) election by members of the community, if the school advisory council
agreement requires the community representative to be elected;
(f) if the school has students attending the school in grade 7 or a higher grade, at
least 2 students who attend the school elected by the students of the school;
(g) if the school has students attending the school only in grades up to grade 6 or a
lower grade and the school advisory council agreement provides for the
election of a student member, at least 2 students who attend the school elected
by the students of the school.
(3) Unless the school advisory council agreement provides otherwise, a school advisory
council must not have more than 1/3 of its members from any single category of
members referred to in subsection (2).
(4) A school advisory council member must not be senior staff, as defined in Section 56.
(5) Except as provided in subsection (8), a school advisory council may vary its
membership composition during a school academic year to increase the diversity of
membership of the school advisory council and to allow for representatives from
traditionally under-represented members of the school community.
(6) A school advisory council must provide notice to the education entity of its intent to
vary its membership composition under subsection (5).
(7) A school advisory council may maintain a variance under subsection (5) until the
composition provisions of the school advisory council agreement are amended.
(8) Subsection (5) does not apply to a newly established school advisory council whose
composition has been determined in the manner prescribed by the education entity as
described in Section 73.
School advisory council established to replace predecessor under former Act
72 Until a new school advisory council agreement is entered into, a school advisory council
established under clause 69(2)(a) to replace one that was established under the former Act
operates under the same terms and conditions and has the same composition as set out in
the predecessor school advisory council’s agreement under the former Act.
Newly established school advisory council
73 Until a school advisory council agreement is entered into for a school advisory council
newly established for a public school under subsection 69(1) or clause 69(2)(b),
(a) the composition of the school advisory council must be determined in the
manner prescribed by the education entity in accordance with the requirements
of clauses 71(2)(a) to (f) respecting minimum numbers and categories of
members; and
(b) the first members of the school advisory council must be elected according to a
process established by the education entity.
Vacancy on school advisory council
74 A vacancy on a school advisory council does not impair the authority of the remaining
members to act.
Duties of school advisory council
75 The following are prescribed under subsection 21(3) of the Act as the duties of a school
advisory council:
(a) advising the principal and the education entity on the following matters:
(i) developing policies that promote student achievement and safe and
inclusive schools,
(ii) school practices and initiatives,
(iii) communication among the school, parents and the community,
(iv) any matters that are referred to the school advisory council by the
principal, the education entity or the Minister;
(b) working in collaboration with the principal and participating in efforts to
improve student achievement and student and community well-being by
receiving information on the school improvement plan and monitoring
progress and improvements under the plan;
(c) preparing an annual report in the form and containing the information
determined by the Minister;
(d) subject to the approval of the education entity, making by-laws respecting the
operations of the school advisory council, including electing members and
conducting meetings;
(e) participating in Provincial and school region meetings, consultations and
professional development opportunities offered for school advisory councils by
the Minister, the education entity or another education entity;
(f) in accordance with the terms of the school advisory council agreement,
determining priorities for spending the funds allocated to support the mandate
of the school advisory council;
(g) undertaking any responsibilities assigned by the Minister or the education
entity in addition to the responsibilities set out in the school advisory council
agreement.
Student Protection
Interpretation for Sections 77 to 84
76 In Sections 77 to 84,
“annual declaration” means a declaration by an employee regarding whether the
employee has been convicted of a criminal offence;
“break in service” means any period of more than three consecutive calendar months
during which a person who was an employee of an education entity was not
employed by that education entity;
“Child Abuse Register search” means a search of the Child Abuse Register
conducted in accordance with the Children and Family Services Act;
“criminal offence” means a criminal offence under the Criminal Code (Canada), the
Controlled Drugs and Substances Act (Canada) or the criminal law of a competent
jurisdiction outside of Canada in which the offence occurred;
“direct contact” means physical interaction, verbal interaction or personal and
sustained written or electronic interaction;
“position of authority” means a position in which an individual’s role or
responsibilities gives them control or influence over a student or other vulnerable
person;
“position of trust” means any of the following:
(i) a position held by an individual with fiduciary responsibility in respect of
a student or other vulnerable person,
(ii) a position in which the role or responsibilities of the individual
occupying the position may reasonably cause a student or other
vulnerable person to believe that they are under the individual’s
protection, care or control;
“signature” includes a written or electronic signature or other manner of
identification approved by the Minister.
Prescribed persons under subsection 53C(1) of the Act
77 For the purposes of subsection 53C(1) of the Act, an education entity must require a
person who has applied for or been offered employment or engagement in a position of
trust or position of authority by the education entity to provide a vulnerable sector check
and a Child Abuse Register search as a precondition to the person’s employment or
engagement with the education entity.
Exemption from subsection 53C(1) of the Act
78 (1) A person described in Section 77 is exempt from the requirements of subsection
53C(1) of the Act if all of the following criteria are met:
(a) there is no reasonable expectation that the person will work at a school or on
school grounds when students or other vulnerable persons are present;
(b) the job functions of the position to be occupied by the person do not require the
person to have direct contact with students;
(c) the regional executive director, superintendent or their designate approves the
exemption of the person.
(2) An education entity may exempt a person from the requirement set out in clause
53C(1)(a) of the Act if the education entity is satisfied by evidence that an authorized
body has refused to complete a vulnerable sector check for the person in accordance
with the criteria required by the Criminal Records Act (Canada).
(3) Nothing in subsections (1) or (2) exempts an education entity from its obligation
under subsection 53C(2) of the Act to require a person to provide a criminal record
check.
Employee moving to a new role, position or engagement
79 (1) Subject to subsection (2), an education entity is not required to collect a new
vulnerable sector check or Child Abuse Register search for a current employee who
is offered a new role, position or engagement by that education entity.
(2) Subsection (1) does not apply in any of the following circumstances:
(a) the employee was exempt from the requirements of subsection 53C(1) of the
Act under subsection 78(1) but does not meet the criteria for exemption in the
new role, position or engagement;
(b) the employee has had or will have a break in service immediately prior to
commencing the new role, position or engagement.
Verification of record checks
80 (1) An education entity must not enter an employment or engagement relationship with
a person until the education entity has collected and verified the record checks
required under Section 53C of the Act and in accordance with these regulations.
(2) For the purposes of this Section and Section 53C of the Act, a record check must
have been completed less than 6 months prior to the date the record check is
provided to the education entity.
Criminal record check schedule
81 An education entity is required to collect the results of a criminal record check for each
person employed or engaged by the education entity in a position of trust or position of
authority no later than 5 years after the most recent of the following dates:
(a) the date these regulations come into force;
(b) the date the education entity collected
(i) the most recent vulnerable sector check of the person under clause
53C(1)(a) of the Act, or
(ii) the most recent criminal record check of the person under subsection
53C(2) of the Act.
Regional executive director and superintendent
82 Except as otherwise provided in these regulations, the Department or the Conseil scolaire
acadien provincial must collect and verify record checks from a regional executive director
or superintendent and any person applying for a position as a regional executive director or
superintendent in an equivalent form and manner as an education entity must collect and
verify record checks from a person who has applied for employment or engagement with
or is employed or engaged by the education entity in a position of trust or position of
authority.
Collection of annual declaration
83 (1) An education entity must collect an annual declaration from each employee of the
education entity at least once during every school academic year.
(2) A regional executive director or superintendent must provide an annual declaration
to the Department or the Conseil scolaire acadien provincial in an equivalent form and
manner as an employee of an education entity.
Form and content of annual declaration
84 An employee of an education entity must complete an annual declaration in a form
acceptable to the Minister that includes all of the following information:
(a) employee name and identifying number;
(b) employer;
(c) date of the declaration;
(d) a declaration of whether the employee has been convicted of a criminal offence
in the period since
(i) the employee’s most recent declaration, or
(ii) the most recent criminal record check or vulnerable sector check
collected by the employer, if the employee has not provided a prior
declaration;
(e) a description of any criminal offences of which the employee was convicted;
(f) the employee’s signature;
(g) any additional information the Minister reasonably requires.
Manner of disclosure under Section 53F of the Act
85 For the purpose of Section 53F of the Act,
(a) an employee who becomes aware that they have been charged with or
convicted of a criminal offence must disclose the charge or conviction without
delay to the director of human resources, the regional executive director or the
superintendent of every education entity that employs the employee;
(b) a regional executive director who becomes aware that they have been charged
with or convicted of a criminal offence must disclose the charge or conviction
without delay to the Deputy Minister or a person designated by the Deputy
Minister; and
(c) a superintendent who becomes aware that they have been charged with or
convicted of a criminal offence must disclose the charge or conviction without
delay to the Chair of the Conseil or a person designated by the Conseil.
Content of disclosure
86 An employee making a disclosure under Section 53F of the Act must provide their
employer with all of the following information in relation to the charge or conviction:
(a) the relevant jurisdiction of the charge or conviction;
(b) the nature of the charge or conviction and, if applicable, each section of the
Criminal Code (Canada) or other enactment that the employee was charged or
convicted under;
(c) any additional information the employer reasonably requests in writing.
The following regulations are not yet in force and are
not included in the current consolidation: