This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2011, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


Governor in Council Education Act Regulations

made under Section 146 of the

Education Act

S.N.S. 1995-96, c. 1

O.I.C. 97-405 (June 24, 1997), N.S. Reg. 74/97

as amended up to O.I.C. 2014-53 (February 25, 2014), N.S. Reg. 31/2014


Table of Contents


Citation

Definitions

Limiting age for public schools

Teaching aids and materials

Professional instructional staff

Transportation of students

School buildings and site selection

Grants to school boards

Formula funding grants

Transitional adjustment

Specific purpose grants

Rate to be used to determine minimum municipal contribution

Department heads

Termination of a permanent contract and severance pay

Teacher professional development

Recognition of teaching service

Number of hours deemed a day

Programs in adult education

Teachers’ Certificates and Permits

Granting a teacher’s certificate for first time

Classes of teachers’ certificates in post-July 31, 2000 certification system

Guidelines on granting teachers’ certificates pursuant to post-July 31, 2000 certification system

Initial Teacher’s Certificate

Advanced Teacher’s Certificate 1

Advanced Teacher’s Certificate 2

Advanced Teacher’s Certificate 3

Endorsation of teachers’ certificates

Certificate holder retaining certificate until change of classification

Certificate holder subject to pre-August 1, 2000 certification system

Certain Class 4 certificate holders subject to pre-August 1, 2000 certification system

Teacher’s certificate holder subject to post-July 31, 2000 certification system

Progression of classifications of teachers’ certificates

Teacher’s certificate holder pursuant to the post-July 31, 2000 certification system receiving change in classification

Person registered in a pre-service teacher education program

Further provision respecting a person registered in a pre-service teacher education program

Assignment of teacher holding endorsed teacher’s certificate

Granting of special certificate and recognition of employment

Certificate holder pursuant to the post-July 31, 2000 certification system completing upgrading program within seven years of registration

Provisions that apply to both the pre-August 1, 2000 and post-July 31, 2000 certification systems

Bridging Teacher’s Certificate

[Vocational Teacher’s Certificate]

[Special certificate]

[Specialist Certificate]

School attendance

Home education

Paying for the boarding of students

Private schools

Foreign student fees

Conseil scolaire acadien provincial

Conseil acadien regional student-discipline policy

Public/private sector development and service agreements

Composition and meetings of audit committees of certain regional school boards and the Conseil acadien

Terms of reference of an audit committee

Information gathering and procedures of an audit committee

Definitions

Application for designation as designated special education private school

Continuation of designations made before August 15, 2011

Refusal of designation

Suspension or revocation of designation

Ongoing obligations and monitoring of designated school

Application for registration as registered special education private school

Refusal of registration

Suspension or revocation of registration

Ongoing obligations and monitoring of registered school

Reviewer

Eligibility for applying for funding unit

Application for funding unit

Review and grant of funding unit

Calculation of funding unit

Application for supplement

Review and grant of supplement

Calculation of supplement

Re-applying for tuition support funding

Maximum tuition support funding availability

Tuition funding for 2010-11 school year

Remittance of tuition support funding

Appointments to Tuition Appeal Board

Decisions that may be appealed to the Tuition Appeal Board

Appealing a decision of the Reviewer

Decisions of the Tuition Appeal Board

Allocation of employees of Southwest Regional School Board

Allocation of assets and liabilities of Southwest Regional School Board

Allocation of Provincial funding allocation of the Southwest Regional School Board

Ending division of Strait Regional School Board

Boards designated to share services and related resources

Manner and terms and conditions of sharing services and related resources

Management Committee for shared services and related resources

Definition of “commercial activity”

Schedule “B”

Schedule “C”


Citation

1        These regulations may be cited as the Governor in Council Education Act Regulations.


Definitions

2        (1)     In these regulations,

 

                     (a)   “Act” means the Education Act;

 

                     (b)  “approved”, “recognized”, “satisfactory”, “successful”, mean, respectively, approved or recognized by or satisfactory to or successful in the judgment of the Minister for the purpose of these regulations;

 

                     (c)   “Department” means Department of Education;

 

                     (d)  “school room” or “room” means any area approved by the Minister for instructional purposes;

 

                     (e)   “school system” means all the schools under the jurisdiction of a school board;

 

                     (f)   “substitute teacher” is a teacher or other qualified person engaged on a day-to-day basis to take the place of a person regularly employed as a teacher by a school board;

 

                     (g)  “university” includes college.

Section 2 renumbered subsection 2(1): O.I.C. 2000-404, N.S. Reg. 138/2000.

 

Definitions in post-July 31, 2000 certification system

          (2)     In Sections 30A to 30R,

 

                     (a)   “certificate program” means a program of studies concerning public education consisting of, subject to the exclusions in subsections 30C(4) and (5), a minimum of 5 full university courses, any of which may be at the undergraduate or graduate level, or the approved equivalent, that are developed as an in-service experience for teachers, designed by or with a university, including credit courses in either or both

 

                            (i)     academic disciplines taught in the public schools or other approved disciplines related to public school education, or

 

                            (ii)    professional studies;

 

                     (b)  “degree program” means, subject to the exclusions in subsection 30C(5), a program of studies to receive

 

                            (i)     a graduate diploma,

 

                            (ii)    a Masters in

 

                                     (A)a teachable subject as defined in the Public School Program, or

 

                                     (B)Education, or

 

                            (iii)   a doctoral degree from a recognized university;

 

                     (c)   “discipline” means a course of studies taught in the public schools in the Province;

 

                     (d)  “endorse” means to acknowledge recognized subject fields of competency in teaching;

 

                     (e)    “graduate degree” means a Master’s or Doctorate Degree;

 

                     (f)   “graduate diploma” means a diploma received upon completion of an established program of a recognized university consisting of a minimum 5 full university courses at the graduate level, any of which may be in either or both

 

                            (i)     an academic discipline taught in the public schools or other approved disciplines related to public school education, or

 

                            (ii)    professional studies;

 

                     (g)  “integrated program” means an individual program of studies developed by a teacher in consultation with a university, consisting of

 

                            (i)     any combination of academic and professional courses that are interrelated, and

 

                            (ii)    a minimum of 5 full courses at a university or community college, or the approved equivalent, including, subject to the exclusions in subsections 30[C](4) and (5), a minimum of 3 full graduate courses, and a maximum of 2 full undergraduate courses;

 

                     (h)  “major endorsation” means an endorsation requiring a minimum of 30 credit hours of study in a discipline in a subject field and 6 credit hours of teaching methodology in that subject field;

 

                     (i)   “minor endorsation” means an endorsation requiring a minimum of 18 credit hours of study in a discipline in a subject field and 3 credit hours in the teaching methodology of that subject field;

 

                     (j)   “post-July 31, 2000 certification system” means the teacher’s certification system prescribed in this subsection and Sections 30A to 30R;

 

                     (k)  “pre-August 1, 2000 certification system” means the teacher’s certification system prescribed in Sections 14, 15, 24 to 29, 32 and 33;

 

                     (l)   “subject field” means a field of study representing related disciplines;

 

                     (m) “upgrading program” means a degree program, certificate program or integrated program undertaken by a person to obtain a higher class of teacher’s certificate.

Subsection 2(2) added: O.I.C. 2000-404; N.S. Reg. 138/2000.

 

(2B)[(2A)]   In the Act and in Sections 30E to 30G of these regulations, an “instructional leadership program” means the Nova Scotia Instructional Leadership Program provided by the Minister and as described in Section 30CA.

Subsection 2(2A) added: O.I.C. 2011-47, N.S. Reg. 21/2011.

 

          (3)     For the purposes of interpretation of Sections 30A to 30R,

 

                     (a)   “one full course” equals 6 credit hours of study or 1/5 of one year of study; and

 

                     (b)  “one year” equals 5 full courses of study or 30 credit hours of study.

Subsection 2(3) added: O.I.C. 2000-404; N.S. Reg. 138/2000.


Definition of lunch program

2A     (1)     In Section 64D of the Act, “lunch program provided by a public school” means a program of supervision for students provided by a school board during the lunch break for all of the following categories of students:

 

                     (a)   students who are conveyed to and from a public school by a school board under clause 64(2)(g) of the Act;

 

                     (b)  students who have been assigned to a public school that is more than 3.6 kms from their residence in order to receive instruction in any of the programs referred to in subsection 50(1) of the Ministerial Education Act Regulations made under the Act or for other educational purposes determined by a school board;

 

                     (c)   students who, a school board determines, are unable to return to their public school within the time established by the principal for the lunch break.

 

          (2)     This Section is effective on and after September 1, 2008, and ceases to have effect on and after August 31, 2009.

Section 2A added: O.I.C. 2008-308, N.S. Reg. 297/2008.


Limiting age for public schools

3        (1)     A child who has attained the age of 5 years on or before December 31 in any year is deemed to be a person over 5 years of age for the purpose of subsection 5(2) of the Act during the ensuing school year.

Subsection 3(1) replaced: O.I.C. 2008-265, N.S. Reg. 272/2008.

Subsection 3(2) repealed: O.I.C. 2008-265, N.S. Reg. 272/2008.


Teaching aids and materials

4        Each school board shall provide teaching aids, materials and supplies, and repair and maintain equipment required to conduct the prescribed school program in classrooms, school libraries, laboratories, music rooms, audio-visual rooms, gymnasiums and auditoriums, and other areas in which the program or portions of the program are conducted.


Professional instructional staff

5        (1)     Each school board shall, subject to any agreements between a school board and the Nova Scotia Teachers’ Union pursuant to the Teachers’ Collective Bargaining Act, provide teachers holding authority from the Minister for the courses prescribed in Section 48 of the Ministerial Education Act Regulations, and for such courses and services listed in Section 49 of the Ministerial Education Act Regulations, provided by the board.

 

          (2)     A day on which school has been closed by order of the Minister, a school board or its representative, or another proper authority, shall be deemed to be a school day for the purpose of determining the number of consecutive school days taught by a substitute teacher.

 

          (3)     A substitute teacher engaged by a school board or a person holding authority from a school board shall be paid one-half of a day’s salary, if the teacher comes to the school and the school has been closed owing to weather conditions or other unforeseen cause, without notice to the teacher.


Transportation of students

6        (1)     A school board pursuant to clause 64(2)(g) of the Act shall make provision for the transportation of students either by providing the service itself, or making arrangements with some other person for such service, if

 

                     (a)   one or more students reside more than 3.6 km from the school to which they are to be transported; or

 

                     (b)  one or more students, because of special needs, require transportation irrespective of the distance; and

 

                     (c)   the school board determines that transportation of the students is necessary.


School buildings and site selection

7        (1)     For the purposes of this Section, “private sector developer” means a person, or association of persons, including but not limited to a joint venture or a limited partnership, other than the Province or a school board, who agrees with the Province to construct a school.

 

          (2)     For the purpose of clause 64(2)(e) of the Act, the short and long term plans to be developed by a school board for the provision of barrier-free access to and within educational facilities shall be composed of

 

                     (a)   a short term component which shall

 

                            (i)      be prepared on an annual basis,

 

                            [(ii)]   identify current needs, and

 

                            [(iii)] provide for appropriate renovations and implementation schedules; and

 

                     (b)  a long term component which shall

 

                            (i)      be prepared on a longer than annual basis,

 

                            (ii)    identify long term needs, and

 

                            (iii)   provide for appropriate renovations and implementation schedules in an orderly and timely basis, as resources become available.

 

          (3)     Each school board shall, at least annually, determine whether the buildings used for school purposes, and the equipment in them, are adequate to provide for the students to be enrolled in the ensuing school year or years.

 

          (4)     Each school board shall report to the Minister

 

                     (a)   the extent to which it is necessary to erect, acquire, purchase, alter, add to, improve, furnish or equip buildings for school purposes or barrier-free access, or to acquire land therefor;

 

                     (b)  the extent to which the cost may be provided from the board’s annual budget for capital expenditure, repair and renovation, including any accumulated surplus;

 

                     (c)   the amount which the board estimates may be provided by funds borrowed by the board pursuant to Section 87 of the Act.

 

       (5)    Subject to subsection (5A), after receiving notice of the Minister’s approval in principle of a capital project for the construction of a new public school building by the Province, a school board shall

 

                (a)    recommend 3 proposed sites for the building to the Minister; or

 

                (b)    if unable to recommend 3 proposed sites for the building under clause (a), recommend fewer than 3 sites and submit the reasons why it is unable to do so to the Minister in writing.

Subsection 7(5) replaced: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (5A) If a new public school building is replacing one or more existing public school buildings, a school board’s recommendation under subsection (5) must include

 

                (a)    a recommendation for at least one of the sites of the existing public school buildings being replaced; or

 

                (b)    written reasons why it is unable to recommend one of the sites of the existing public school buildings.

Subsection 7(5A) added: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (5B) On receiving a school board’s recommendations for sites for a new public school building, the Minister may

 

                (a)    if one of the sites of the existing public school buildings being replaced is included in accordance with clause (5A)(a),

 

                         (i)     accept the 3 sites recommended, or

 

                         (ii)    if fewer than 3 sites are recommended,

 

                                  (A)   accept the reasons provided by the school board under clause (5)(b) for not recommending 3 sites, and accept the sites recommended, or

 

                                  (B)   reject the reasons provided by the school board under clause (5)(b) for not recommending 3 sites, and request that the school board provide the required 3 sites under clause (5)(a);

 

                (b)    if one of the sites of the existing public school buildings being replaced is not included in accordance with clause (5A)(b),

 

                         (i)     accept the reasons provided by the school board under clause (5A)(b) for not including one of the sites, and either

 

                                  (A)   accept the 3 sites recommended, or

 

                                  (B)   if fewer than 3 sites are recommended,

 

                                           (I)     accept the reasons provided by the school board under clause (5)(b) for not recommending 3 sites, and accept the sites recommended, or

 

                                           (II)   reject the reasons provided by the school board under clause (5)(b) for not recommending 3 sites, and request that the school board provide the required 3 sites under clause (5)(a), or

 

                         (ii)    reject the reasons provided by the school board under clause (5A)(b) for not including one of the sites, and request that the school board include one of the sites of the existing public school buildings being replaced in its recommendations under subsection (5).

Subsection 7(5B) added: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (5C) The Minister shall refer the recommended sites for a new public school building accepted under subsection (5B) to the Department of Transportation and Infrastructure Renewal and that department shall evaluate the sites and recommend the most appropriate site to the Minister.

Subsection 7(5C) added: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (5D) If the Department of Transportation and Infrastructure Renewal does not recommend any of the sites for a new public school building after its evaluation under subsection (5C), the Minister shall select the site for the building on the advice of the Department of Transportation Infrastructure Renewal and in consultation with the school board.

Subsection 7(5D) added: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (6)    If the Minister considers it advisable to have a school constructed by a private sector developer, the school board, in consultation with the Minister, shall, upon receipt from the Minister of approval in principle of a capital project involving the acquisition of land, recommend three proposed sites for the project; the private sector developer will inspect the sites and, with the agreement of the school board, recommend the most appropriate site to the Minister and the Minister shall decide whether to accept the recommendation.

Subsection 7(6) amended: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

          (7)     If the Minister accepts the recommendation from the private sector developer pursuant to subsection (6), the Minister shall select the recommended site.

 

          (8)     If the Minister does not accept the recommendation from the private sector developer pursuant to subsection (6), and if the Minister still considers it advisable to have a school constructed by a private sector developer, the procedure respecting site recommendation and the following steps pursuant to subsection (6) shall apply.


Grants to school boards

8        (1)     In this Section and Sections 8A to 8D,

 

                     (a)   “eligible student” for a funding year means a student who meets all of the following criteria:

 

                            (i)     they are enrolled in a public school on September 30 of the year immediately preceding the funding year,

 

                            (ii)    they attended school at least 50% of the time that the school was open for students to attend during the months of September and October of the year immediately preceding the funding year,

 

                            (iii)   they are within the age range established for the right to attend public school set out in subsection 5(2) of the Act,

 

                            (iv)   a school board does not receive funding from a source other than the Province or a municipality for them;

 

                     (b)  “funded enrolment” for a funding year means the total number of eligible students at all levels in the schools of a school board;

 

                     (c)   “funding year” means the 2012-2013 school board fiscal year and each fiscal year thereafter for which the Minister’s grants are being determined;

 

                     (d)  “textbook credit allocation” means the amount of credit with the Nova Scotia School Book Bureau assigned by the Minister to a school board in accordance with Section 13 of the Ministerial Education Act Regulations made under the Act.

 

          (2)     Despite clauses (1)(a) and (b), a school board may include a student who does not meet the criteria in subclause (1)(a)(iv) as an eligible student for a funding year, if written permission to do so is received from the Minister.

 

          (3)     The grants made by the Minister to school boards under Section 72 of the Act are as determined by

 

                     (a)   formula funding grants, as provided for in Section 8A;

 

                     (b)  transitional adjustments, as provided for in Section 8B; and

 

                     (c)   specific purpose grants, as provided for in Section 8C.

 

          (4)     The Minister’s grants to school boards must be paid by instalments as determined by the Minister.

Section 8 replaced: O.I.C. 2013-82, N.S. Reg. 60/2013.


Formula funding grants

8A     In determining the formula funding grant for each school board, the Minister must use a methodology that incorporates the funded enrolment of the school board and all of the following factors:

 

                     (a)   the requirements for delivering the public school program;

 

                     (b)  the need for special education;

 

                     (c)   the financial impact of changes in the funded enrolment;

 

                     (d)  the financial impact related to the total number of eligible students at a school;

 

                     (e)   the provision of student transportation;

 

                     (f)   the provision of property services;

 

                     (g)  the provision of school management;

 

                     (h)  the provision of school board management;

 

                     (i)   the provision for school board governance;

 

                     (j)   the textbook credit allocation.

Section 8A added: O.I.C. 2013-82, N.S. Reg. 60/2013.


Transitional adjustment

8B      After the methodology for the funding formula grant is determined under Section 8A for the funding year, the Minister may make a transitional adjustment to a school board’s funding formula grant taking into account all of the following factors:

 

                     (a)   changes in the funded enrolment;

 

                     (b)  the Minister’s assessment of the ability of the school board to adjust to changes in the amount of the formula funding grant from the preceding funding year.

Section 8B added: O.I.C. 2013-82, N.S. Reg. 60/2013.


Specific purpose grants

8C     In determining the specific purpose grants for each school board for the funding year the Minister must take into account provincial initiatives to support students including provincial initiatives for student services and property maintenance.

Section 8C added: O.I.C. 2013-82, N.S. Reg. 60/2013.


Rate to be used to determine minimum municipal contribution

8D     The rate to be used to determine the minimum municipal contribution for a school board effective April 1, 2012, is $0.3048 per $100 of the uniform assessment of the municipalities served by the school board, as determined under the Municipal Grants Act and Section 73 of the Act.

Section 8D added: O.I.C. 2013-82, N.S. Reg. 60/2013.


Department heads

9        Department heads may be appointed for business education, English, French, student services, family studies, industrial arts technology, fine arts, mathematics, modern and classical languages, music, physical education, science and social studies, provided that a minimum of four teachers are teaching a minimum of 60 percent of teaching time in that area.


Termination of a permanent contract and severance pay

10      (1)     Termination of a permanent contract pursuant to subclause 34(2)(b)(ii) of the Act shall be subject to any provisions contained in an agreement between a school board and the Nova Scotia Teachers’ Union.

 

          (2)     Where the permanent contract of a teacher is terminated pursuant to subclause 34(2)(b)(ii) of the Act immediately following five or more years of continuous employment as a teacher in the Province of Nova Scotia and the Minister is satisfied that the termination complies with the provisions of the Act, the Minister, subject to subsection (5), shall pay to the teacher upon application, severance pay equal to the amount obtained by multiplying the number of completed years of such continuous service as a teacher in the Province of Nova Scotia by 2 percent of the teacher’s annual salary to a maximum of 40 percent, provided that the total severance pay payable shall not exceed 50 percent of the annual salary rate prescribed by a collective agreement between the Minister and Nova Scotia Teachers’ Union in effect at the time of the application, for a teacher holding a Teachers’ Certificate Class 5, in the 7th year.

 

          (3)     Despite subsection (2), a teacher who has a credit for 35 or more years of pensionable service under the Teachers’ Pension Act and whose pension is not subject to an actuarial reduction shall not be eligible for severance pay.

 

          (4)     Despite subsection (2), a teacher who refuses an offer to teach for the current school year shall not be eligible for severance pay.

 

          (5)     Severance pay under subsection (2) is payable at the rate of 50 percent on September 1, where there is evidence that the teacher has not been engaged to teach for the current school year, with the remaining 50 percent payable on or after October 15, when it can be determined that the teacher cannot teach or claim 175 or more days in the school year.

 

          (6)     A teacher’s continuous service shall not be deemed to be broken when the teacher is on a leave of absence approved by the Minister or a school board.

 

          (7)     Severance pay pursuant to subsection (2) shall be reduced by any severance pay paid by the employing board.


Teacher professional development

10A   (1)     Every teacher who has a probationary or permanent contract with a school board shall

 

                     (a)   complete 100 contact hours of professional development every 5 years commencing September 30, 2000; and

 

                     (b)  maintain a professional development profile to be submitted by the teacher to the school board annually, commencing September 30, 2001, on or before September 30 of each year, which shall be included in the teacher’s personal file.

 

          (2)     The requirements set out in subsection (1) shall be reviewed, on or before October 1, 2003, by a Committee comprising representatives of the bodies represented on the Teacher Certification Review Committee who prepared the report entitled Teacher Certification in Nova Scotia, dated October, 1998, who shall then report and make recommendations to the Minister.

Section 10A added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Recognition of teaching service

Days claimed

11      (1)     For the purpose of determining the service of a member of the instructional staff in any school year, the following periods shall be reckoned as days taught, and no teacher shall suffer loss in salary if the teacher does not teach on a school day when a school is closed by

 

                     (a)   an order of the Minister or the Minister’s representative;

 

                     (b)  an order of a school board or its representative in consultation with a regional education officer; however, failure of a board to consult the regional educational officer shall not result in a loss of salary or benefits to a teacher;

 

                     (c)   an order of another proper authority made pursuant to a statute of the Legislature or in regulations thereunder; or

 

                     (d)  as a result of a declaration by Her Majesty the Queen, the Governor General or the Lieutenant Governor.

 

          (2)     For the purpose of determining the service of a member of the instructional staff in any school year, the following periods shall be reckoned as days taught, and no teacher shall suffer loss in salary if the teacher does not teach on a school day when absent with the approval of the school board

 

                     (a)   because the teacher is attending meetings called at the direction of the Minister;

 

                     (b)  for not more than two days while attending a professional conference or institute or meeting not called at the direction of the Minister, provided any such professional conference or institute or meeting has the approval of the Director of Regional Education Services;

 

                     (c)   because the teacher is attending government-appointed committees or commissions;

 

                     (d)  when the teacher is acting in an official capacity as a representative of the Nova Scotia Teachers’ Union, provided reasonable notice is given by the teacher, and where operational requirements permit, such permission shall not be unreasonably withheld;

 

                     (e)   because the teacher is writing examinations for the purpose of improving the teacher’s professional status;

 

                     (f)   because the teacher is engaged in part-time employment by the Province in a professional capacity;

 

                     (g)  because the teacher is attending convocation exercises when the teacher is included in the graduation list;

 

                     (h)  because the teacher is a witness before a quasi-judicial body, provided reasonable notice is given by the teacher, and where operational requirements permit, such permission shall not be unreasonably withheld;

 

                     (i)   because the teacher is conducting in-service programs;

 

                     (j)   for not more than five days in any school year if the teacher is absent because of a death or serious illness in the teacher’s immediate family or the immediate family of the teacher’s spouse;

 

                     (k)  because the teacher is attending education conferences outside the Province.

 

          (3)     For the purpose of determining the service of a member of the instructional staff in any school year, the following periods shall be reckoned as days taught, and no teacher shall suffer loss in salary if the teacher does not teach on a school day when absent

 

                     (a)   because the teacher has been placed in quarantine, or other situations where the teacher is advised by a medical practitioner or medical officer to leave the teacher’s teaching duties and leave is not provided under any sick leave or other leave provisions;

 

                     (b)  on a day of a civic, town, municipal, provincial, or federal election on which day time for voting is required by a teacher whose name is on the voters’ list of a polling district other than the one in which the teacher teaches and who cannot reasonably vote after school hours;

 

                     (c)   because the teacher is on jury duty or a witness before a judicial body;

 

                     (d)  because the teacher is attending to the teacher’s official duties as a member of the Board of Governors, Senate, or Academic Council of an approved university or college in Nova Scotia;

 

Leave for injury while on duty

                     (e)   not more than the total number of consecutive teaching days in a period of two school years from the date of injury during which a teacher is on leave and does not teach because the teacher was injured in the performance of the teacher’s duties, which duties have been approved by a school board or its representative, and the teacher furnishes the board with a medical certificate that the teacher is unable to teach during this period, provided that

 

                            (i)     the amount of salary payable to the teacher for days reckoned as days taught pursuant to the foregoing shall be reduced by any amount paid to the teacher under any disability or liability insurance settlement towards which the school board contributes premiums,

 

                            (ii)    the provisions of this clause shall cease to be effective and the teacher will be disqualified from further salary benefits under the provisions of this clause if the teacher engages without school board approval in other remunerative employment while on leave.

 

          (4)     For the purposes of clauses 3(a) and (e), the school board may require the teacher to be examined by a medical practitioner agreeable to both the teacher and the board.

 

          (5)     A teacher who is unable to resume teaching duties after a period in excess of two school years, provided in clause 3(e), shall be entitled to use sick leave entitlement.

 

Sick leave

          (6)     For the purpose of determining the service of a member of the instructional staff in any school year the following periods shall be reckoned as days taught and no teacher shall suffer loss in salary if the teacher does not teach on a school day when absent because of illness of the teacher

 

                     (a)   except as provided in clause (c), not more than twenty days shall be reckoned as days taught under the provisions of this subsection;

 

                     (b)  where a teacher is employed full time for a period that is stated to be less than a school year, the number of days reckoned as days taught under this clause shall not exceed the proportion of twenty days that is equal to the proportion that the number of days contracted to be taught bears to the number of days in the school year;

 

                     (c)   notwithstanding clauses (a) and (b), where a school board has in effect a cumulative sick leave plan that has been approved by the Minister, any time not exceeding the number of days in a school year that a teacher does not teach while on sick leave under the plan shall be reckoned as days taught.

 

Paternity and adoption leave

          (7)     For the purpose of determining the service of a member of the instructional staff in any school year the following periods shall be reckoned as days taught, and no teacher shall suffer loss in salary if the teacher does not teach when absent not more than one school day, or two periods on separate school days totalling not more than one day, during which a male teacher does not teach on the occasion of the birth of his child.

 

          (8)     For the purpose of determining the service of a member of the instructional staff in any school year the following periods shall be reckoned as days taught, and no teacher shall suffer loss in salary if the teacher does not teach for not more than five school days

 

                     (a)   at the beginning of the period in which an adoptive child who is not eligible to attend school come[s] into full care of the teacher; or

 

                     (b)  at times when both parents of the adoptive child are required to be present as a condition of adoption.

 

          (9)     Subsection (8) shall apply to only one teacher in the event that both parents are teachers.

 

          (10)   Despite subsection (9), a period not exceeding one day or two half days may be claimed by the spouse of the teacher when both parents of the adoptive child are required to be present as a condition of adoption.

 

          (11)   Subsections (1) to (10) shall not apply to a substitute teacher.

 

Teaching experience

          (12)   For the purpose of computing the experience of a teacher to determine the salary applicable to the teacher under the provisions of a collective agreement between the Minister and the Nova Scotia Teachers’ Union, the following shall be considered service in the public schools of Nova Scotia:

 

                     (a)   all service recognized under the provisions of subsections (1) to (10);

 

                     (aa) service as a substitute teacher;

Clause 11(12)(aa) added: O.I.C. 2003-469, N.S. Reg. 189/2003.

 

                     (ab) service by a person holding a teacher’s certificate and who is employed by a school board under a probationary, permanent or term contract pursuant to a collective agreement between the Minister and the Nova Scotia Teachers’ Union;

Clause 11(12)(ab) added: O.I.C. 2003-469, N.S. Reg. 189/2003.

 

                     (b)  time spent on active service by a certified teacher as a member of the armed forces of Her Majesty or of an ally of Her Majesty or as a member of a Special Force of the United Nations;

 

                     (c)   time spent as a teacher in the Nova Scotia Residential Centre, Truro, or the Shelburne Youth Centre, Shelburne, or in a resource centre established and operated pursuant to the Handicapped Persons’ Education Act, the Halifax School for the Blind, the School for the Deaf, Halifax, or the Interprovincial School for the Education of the Deaf;

 

                     (d)  service as a teacher in public schools in any part of the Commonwealth outside the Province;

 

                     (e)   service as a teacher in public schools recognized by the Minister which are outside the Commonwealth;

 

                     (f)   service as a teacher or instructor in an educational institution approved by the Minister and operated by the Government of the Province of New Brunswick, Prince Edward Island or Newfoundland to the extent that similar service in an educational institution operated by the Government of the Province of Nova Scotia is recognized for salary purposes in the Province of New Brunswick, Prince Edward Island or Newfoundland;

 

                     (g)  service as an instructor in a university recognized by the Minister in any part of the Commonwealth, or in any country pursuant to a plan approved by the Government of Canada;

 

                     (h)  effective on and after July 31, 1974, service in the Province of Ontario as a teacher or instructor in a community college or college of applied arts and technology recognized by the Minister;

 

                     (i)   a period of not more than two years during which a person holding a teacher’s certificate was absent from teaching prior to August 1, 1972, for the purpose of taking additional study or training of no less than one academic year’s duration or the equivalent in each year, in subjects related to education, and did complete such study and training in a satisfactory manner;

 

                     (j)   a period not exceeding two years during which a person holding a teacher’s certificate and who was employed by a school board, for not less than one year, is absent from teaching

 

                            (i)     as a result of a medical examination prescribed under these regulations, or

 

                            (ii)    for the purpose of taking additional study or training of not less than one academic year’s duration or the equivalent in each year, in subjects related to education, and did complete such study and training in a satisfactory manner;

 

                     (k)  service in the public service of Nova Scotia as a teacher or in a professional capacity related to education;

 

                     (l)   not more than ten years of service as a teacher in a private school approved by the Minister, provided that the teacher while teaching in the private school held a teacher’s certificate or subsequently obtained a teacher’s certificate;

 

                     (m) not more than two years of service as a teacher under an arrangement with Canadian University Service Overseas, provided that the teacher while teaching under the arrangement held or was qualified to hold a teacher’s certificate and that the teaching employment is certified in a manner satisfactory to the Minister;

 

                     (n)  service in the employ of the Nova Scotia Teachers’ Union as a full-time paid officer of the Union;

 

                     (o)  time during which a teacher, with the consent of the board, is in attendance at and engaged in active participation in a national sports competition in Canada, a Commonwealth sports competition or an international sports competition, provided the teacher was selected by a duly constituted and recognized Provincial or national sports governing body to represent the Province of Nova Scotia or Canada in the sports competition as a member of an official delegation;

 

                     (p)  time during which a teacher [who] is absent from teaching duties while attending to official duties as a member of the House of Assembly, a school board, or the council of a municipality, city or town;

 

                     (q)  a period of not more than four weeks when a teacher is absent immediately following an absence pursuant to clause 8(a).

 

          (12A)For the purpose of computing the experience of a teacher in order to determine the salary applicable to the teacher only for the salary period commencing August 1, 2003, under the provisions of a collective agreement between the Minister and the Nova Scotia Teachers’ Union, service before and after August 1, 2003, as an instructor holding a teacher’s certificate in an adult high school in Nova Scotia that continuously offered a Nova Scotia High School Graduation Diploma or a Nova Scotia High School Graduation Diploma for Adults during the period of service, is considered service in the public schools.

Subsection 11(12A) added: O.I.C. 2003-469, N.S. Reg. 189/2003.

 

          (13)   In clauses (12)(d) and (e), “public schools” means primary or secondary schools established and maintained at public expense as part of a system of free public education.

 

          (14)   To determine a teacher’s experience for salary increments for a school year, the teacher’s total service as of August 1 of the academic school year in which the teacher applied for the recognition of service and submitted all of the required documentation shall be taken and shall not be revised until the beginning of the next academic school year.

 

          (15)   Despite subsection (14), should a teacher with partial years service complete the requirements as set forth in subsections (17) or (18) before January 1 of any school year, the teacher may apply in writing to the Department for revision for increment purposes effective January 1 and if the requirements are met, the teacher may apply annually for this revision.

 

          (16)   If the total number of days taught by a teacher and reckoned as taught under this Section is equal to at least 175 days in the period January 1 to December 31, 1981, and in any calendar year thereafter, and the teacher is not eligible to receive a salary increment in August of the same calendar year, this service shall be deemed to be a whole year for increment purposes and upon application in each year the teacher shall be eligible for an increment revision effective January 1 in the next calendar year.

 

          (17)   In computing the number of years of a teacher’s service, any school year before August 1, 1958, in which the teacher was engaged in teaching for 180 days or more, including days deemed claimable days, shall count as one school year, but if a teacher was engaged in teaching for less than 180 days, including days deemed claimable days in two or more years, the number of school years that may be counted shall be the whole number in the quotient of the total number of days on which the teacher was so engaged in such years, divided by the prescribed number of days in the school year in which the service was rendered.

 

          (18)   In computing the number of years of a teacher’s service for the purpose of these regulations, any school year commencing on or after August 1, 1958 in which the teacher was engaged in teaching for 175 days or more, including days reckoned under this Section, shall count as one school year, but if a teacher is or has been engaged in teaching for less than 175 days, including days reckoned under this Section, in any years of two or more school years commencing on or after August 1, 1958, the number of school years that may be counted shall be the whole number in the quotient of the total number of days on which the teacher was so engaged in such years, divided by the number of days constituting a school year under the regulations of the Minister in the school year or years in which the teacher was so engaged.


Number of hours deemed a day

12      (1)     Where a person is engaged otherwise than full time as a teacher, four hours of teaching or providing services shall be deemed to constitute a day of teaching or providing service.

 

          (2)     Despite subsection (1), where a person referred to in subsection (1) provides teaching or services for more than four hours on any day, the additional time shall not be deemed to constitute teaching time or time providing service on any other day.


Programs in adult education

13      (1)     A school board may provide adult education programs that have as their purpose the following:

 

                     (a)   to provide adult basic education;

 

                     (b)  to provide academic upgrading and Public School Program credit courses;

 

                     (c)   to provide vocational and technical upgrading;

 

                     (d)  to provide programs of instruction in English or French, as a second language; and

 

                     (e)   to provide continuing education programs and courses.

 

          (2)     A school board may make provision for awarding appropriate credits, certificates, diplomas or other recognition of skill or accomplishment in programs approved by the Minister.

 

          (3)     A school board may appoint one or more individuals to administer adult education whose duties will include the organization and supervision of continuing education programs and courses.


Teachers’ Certificates and Permits

14      Holders of teachers’ certificates issued pursuant to Section 62 of the regulations made by the Governor in Council by Order in Council 67-615 dated August 15, 1967 shall hold and be deemed to hold a certificate of the class equivalent to that described in Section 15.

 

15      There shall be nine classes of certificates, namely

 

                     (a)   Teacher’s Certificate Class 8

                     (b)  Teacher’s Certificate Class 7

                     (c)   Teacher’s Certificate Class 6

                     (d)  Teacher’s Certificate Class 5

                     (e)   Teacher’s Certificate Class 4

                     (f)   Teacher’s Certificate Class 3

                     (g)  Teacher’s Certificate Class 2

                     (h)  Teacher’s Certificate Class 1

                     (i)   Teacher’s Certificate Class M.

 

16      (1)     The Minister shall appoint, effective September 1 of each year, a Minister’s Advisory Committee on Teachers’ Certification, one of whose members shall be a representative of the Department of Education, two of whom shall be representatives of the Nova Scotia Teachers’ Union, one of whom shall be the representative of the Committee of Deans and Heads of Teacher Training Institutions, and one other person from the Department of Education who shall be the non-voting secretary of the Minister’s Advisory Committee on Teachers’ Certification.

 

          (2)     The Minister shall appoint a Certification Appeals Committee composed of three persons, one of whom shall be nominated by the Nova Scotia Teachers’ Union, one of whom shall be nominated by the Minister, and one of whom shall be a person chosen from among the regional education officers who is acceptable to the two parties and who shall be chair.

Subsection 16(2) replaced: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

          (3)     Each member of the Certification Appeals Committee holds office during the term, not exceeding three years, prescribed in their appointment and may be reappointed.

Section 16(3) added: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

          (4)     A member of the Certification Appeals Committee whose term expires continues to hold office until reappointed or a successor is appointed.

Section 16(4) added: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

          (5)     If the term of office of a member of the Certification Appeals Committee expires during the course of a review being conducted by the Committee, that member must remain part of the Committee until the review is concluded.

Section 16(5) added: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

          (6)     The Minister shall fill any vacancy on the Certification Appeals Committee by appointing a person in accordance with subsection (2) to fill the former member’s unexpired term.

Section 16(6) added: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

          (7)     On the recommendation of the Certification Appeals Committee, the Minister may revoke the appointment of any member of the Certification Appeals Committee who misses three consecutive meetings.

Section 16(7) added: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

17      (1)     In this Section,.

 

                     (a)   “applicant” means a person who applies to the Minister for any class of teacher’s certificate; and

 

                     (b)  “review” means a review by the Certification Appeals Committee of a decision by the Minister to refuse an application for a class of teacher’s certificate.

 

          (2)     The Minister may refuse to grant a class of teacher’s certificate an applicant has applied for if the Minister has reasonable grounds to believe that the applicant does not fulfill the requirements specified in these regulations for the granting of the certificate.

 

          (3)     If the Minister refuses an application for a class of teacher’s certificate, the Minister shall notify the applicant in writing of the refusal and the reasons for the refusal by ordinary mail no later than 45 days after the date the Minister received the application.

 

          (4)     Subsection (3) does not apply if the Minister refuses to grant a class of teacher’s certificate an applicant has applied for by reason that the applicant’s teacher’s certificate is suspended or cancelled.

 

          (5)     A notice under subsection (3) shall state that the applicant may request a review in accordance with subsection (6) and shall specify any written submissions that the Certification Appeals Committee requires for the review.

 

          (6)     A request for review must be

 

                     (a)   in writing;

 

                     (b)  accompanied by any written submissions required by the Certification Appeals Committee, as specified in the notice to the applicant in accordance with subsection (5); and

 

                     (c)   received by the Minister no later than 180 days after the date of the notice to the applicant under subsection (3).

.

          (7)     Except as provided in subsection (8), and subject to subsection (10), if an applicant requests a review, the Certification Appeals Committee must conduct a review.

 

          (8)     The Certification Appeals Committee may refuse to conduct a review if in its opinion the request for review is frivolous, vexatious, an abuse of process, not submitted in accordance with this Section, or outside the jurisdiction of the Committee.

 

          (9)     At an applicant’s request, the Certification Appeals Committee may extend the time prescribed in clause (6)(c) for requesting a review if it is satisfied that there are apparent grounds for recommending relief and that there are reasonable grounds to grant the extension.

 

          (10)   The Certification Appeals Committee shall ensure that both an applicant who requests a review and the Minister are given at least 14 days in which to examine and to make submissions on any document that the Committee intends to consider when it conducts the review.

 

          (11)   The Certification Appeals Committee shall schedule a date for a review on being satisfied of all of the following:

 

                     (a)   the applicant has complied with the requirements of this Section in requesting the review;

 

                     (b)  both the applicant and the Minister have had at least 14 days in which to examine all the documents in accordance with subsection (10);

 

                     (c)   the review is one that should proceed according to this Section.

 

          (12)   An applicant for whom a review is conducted may attend the review, may be accompanied by another person at the review, or may be represented by another person at the review.

 

          (13)   On completing a review, and no later than 10 days after the date the Certification Appeals Committee makes its final decision, the Committee must make a recommendation in writing to the Minister, including its reasons for the recommendation, to do one of the following:

 

                     (a)   grant the class of teacher’s certificate applied for;

 

                     (b)  grant the class of teacher’s certificate applied for after the applicant fulfills conditions specified by the Committee, including certain of the requirements specified in these regulations for the granting of the class of certificate applied for;

 

                     (c)   refuse to grant the class of teacher’s certificate applied for.

 

          (14)   The Minister shall consider the recommendation of the Certification Appeals Committee and advise the Committee of the decision of the Minister.

 

          (15)   The chair of the Certification Appeals Committee shall notify the applicant of the decision of the Minister by providing the applicant with a copy of the Committee’s recommendation and the Minister’s decision no later than 30 days after the date the Committee makes its recommendation to the Minister.

Section 17 replaced: O.I.C. 2008-282, N.S. Reg. 281/2008.

 

18      Every applicant for a teacher’s certificate or permit shall submit with the application

 

                     (a)   documentary evidence in a form prescribed by the Minister respecting the applicant’s character, age, training and qualifications; and

 

                     (b)  the applicable fee prescribed in Section 18A.

Section 18 replaced: O.I.C. 2001-73, N.S. Reg. 13/2001.

 

18A   (1)     An applicant for an initial certificate shall pay a fee of $103.05.

 

          (2)     An applicant for renewal of a certificate shall pay a fee of $45.10.

 

          (3)     An applicant for a duplicate certificate shall pay a fee of $45.10.

Section 18A added: O.I.C. 2001-73, N.S. Reg. 13/2001; replaced: O.I.C. 2013-105, N.S. Reg. 95/2013.

 

19      (1)     The Minister shall not issue a certificate or permit unless the Minister is satisfied that the applicant is of good character.

 

          (2)     A certificate granted by the Minister shall be a permanent certificate.

 

19A   (1)     The Minister may provide a statement of professional standing to the holder of a teacher’s certificate, upon application and payment of the fee prescribed in subsection (2).

 

          (2)     An applicant for a statement of professional standing shall submit a fee of $32.20 with their application.

Subsection 19A(2) replaced: O.I.C. 2013-105, N.S. Reg. 95/2013.

Section 19A added: O.I.C. 2002-578, N.S. Reg. 154/2002.

 

20      (1)     In this Section and Section 20A,

 

                     (a)   “certificate” includes a

 

                            (i)     teacher’s certificate,

 

                            (ii)    vocational teacher’s certificate, and

 

                            (iii)   special certificate; and

 

                     (b)  “permit” includes a

 

                            (i)     teacher’s permit, and

 

                            (ii)    vocational teacher’s permit.

 

          (2)     The Minister may, for cause, take any of the following actions respecting a certificate or permit:

 

                     (a)   issue a letter of caution to the holder of a certificate or permit;

 

                     (b)  issue a letter of reprimand to the holder of a certificate or permit;

 

                     (c)   suspend a certificate or permit with or without restrictions or conditions on the reinstatement of the certificate or permit;

 

                     (d)  cancel a certificate or permit.

Subsection 20(2) replaced: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

          (3)     The Minister shall send the holder of a certificate or permit a copy of the investigation report prepared by the Department at least 30 days before taking any of the actions listed in subsection (2), and the holder of the certificate or permit may provide a written response to the investigation report.

Subsection 20(3) replaced: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

          (4)     An investigation report sent under subsection (3) shall state the reasons for the Minister’s decision to take any of the actions listed in subsection (2) and no other reason may be added later.

Subsection 20(4) replaced: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

          (5)     If the Minister does not take any of the actions listed in subsection (2) after an investigation, the Minister shall send a notice in writing of the decision to the holder of the certificate or permit no later than 30 days after the date of the Minister’s decision.

Subsection 20(5) added: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

          (6)     The Minister shall immediately report any suspension or cancellation of a certificate or permit made under this Section, including any restrictions or conditions on the certificate or permit to all of the following:

 

                     (a)   all school boards in the Province;

 

                     (b)  all teacher certification authorities within Canada;

 

                     (c)   any teacher certification authorities outside of Canada the Minister considers appropriate.

Subsection 20(6) added: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

          (7)     The Minister may disclose information obtained in the course of an investigation that results in a certificate or permit being suspended or cancelled under this Section to any teaching authority that requests the information, and may include details relating to any restrictions or conditions on the reinstatement of the certificate or permit.

Subsection 20(7) added: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

          (8)     The Minister may, in the Minister’s absolute discretion, reinstate a certificate or permit that has been suspended or cancelled under this Section.

Subsection 20(8) added: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

          (9)     A holder of a certificate or permit may voluntarily surrender their certificate or permit to the Minister.

Subsection 20(9) added: O.I.C. 2008-279, N.S. Reg. 278/2008.

Section 20 replaced: O.I.C. 2003-6, N.S. Reg. 6/2003.

 

20A   (1)     A school board shall report in writing to the Minister if

 

                     (a)   the school board suspends, discharges, refuses to employ or terminates the employment of a holder of a certificate or permit; or

 

                     (b)  a holder of a certificate or permit retires or resigns from employment with the school board,

 

as a result of conduct that may relate to the suitability of the holder to hold a certificate or permit.

 

          (2)     A report provided pursuant to subsection (1) shall include

 

                     (a)   the certificate or permit holder’s

 

                            (i)     full name, including previous names,

 

                            (ii)    date of birth,

 

                            (iii)   type and class of certificate or type of permit, and

 

                            (iv)   professional number; and

 

                     (b)  a general description of the conduct and circumstances that resulted in the matters on which the school board is required to report pursuant to subsection (1).

 

          (3)     On or before March 31 in each year, the Minister shall provide the teacher certification authority of every province and territory of Canada with an annual summary, as prescribed in subsection (4), of every suspension and cancellation by the Minister of a certificate or permit in the previous calendar year.

 

          (4)     The Minister’s annual summary required by subsection (3) shall include, for each suspension or cancellation of a certificate or permit,

 

                     (a)   an identification of whether the certificate or permit was suspended or cancelled;

 

                     (b)  the date of the suspension or cancellation;

 

                     (c)   the following information respecting the holder of the certificate or permit that was suspended or cancelled:

 

                            (i)     full name, including previous names,

 

                            (ii)    date of birth,

 

                            (iii)   type and class of certificate or type of permit, and

 

                            (iv)   professional number; and

 

                     (d)  the reasons for the suspension or cancellation, including,

 

                            (i)     a general description of the conduct and circumstances that resulted in the suspension or cancellation, and

 

                            (ii)    in the case where a school board has provided a report to the Minister pursuant to subsection (1), the action taken by the school board as described in clause (1)(a) or the action taken by the person as described in clause (1)(b), whichever is applicable.

 

          (5)     The obligations of a school board prescribed in subsections (1) and (2) shall apply, mutatis mutandis, to

 

                     (a)   the College de l’Acadie;

 

                     (b)  the Nova Scotia Community College;

 

                     (c)   a private school; and

 

                     (d)  a private career college as defined in the Private Career Colleges Regulation Act.

Section 20A added: O.I.C. 2003-6, N.S. Reg. 6/2003.

 

21      The Minister may require that an applicant for a teacher’s certificate provide satisfactory evidence of proficiency in the English language or the French language to meet the requirements of the Department.

 

22      (1)     For salary purposes, the classification of an initial permit or initial certificate shall be effective on the date the teacher qualified for the classification or as of the first day of the school year in which the teacher applied for the classification and submitted all of the required documentation, whichever is the later.

 

          (2)     For salary purposes, the change in classification of a permit or certificate shall be effective as follows:

 

                     (a)   if all required documentation is received between and including March 1 to September 30, the classification shall be effective August 1;

 

                     (b)  if all required documentation is received between and including October 1 to February 28, the classification shall be effective January 1 of the same school year.

 

23      An applicant for a higher class of teacher’s certificate shall submit with their application

 

                     (a)   an official transcript or a copy of the applicant’s letter to the institution requesting the official transcript; and

 

                     (b)  a fee of $35.00.

Section 23 replaced: O.I.C. 2002-578, N.S. Reg. 154/2002.

 

24      The Minister may grant a Teacher’s Certificate Class 4 to a person who holds an Associate in Education through the Nova Scotia Teachers College.

 

25      The Minister may grant a Teacher’s Certificate Class 5 to a person who

 

                     (a)   holds an approved bachelor’s degree from a recognized university; and

 

                     (b)  has completed an approved program of Teacher Education; or

 

                     (c)   has qualifications deemed by the Minister to be equivalent to those specified in both clauses (a) and (b).

 

26      The Minister may grant a Teacher’s Certificate Class 6 to a person who

 

                     (a)   has the academic and professional qualifications required for a Teacher’s Certificate Class 5; and

 

                     (b)  holds an approved master’s degree from a recognized university.

 

27      The Minister may grant a Teacher’s Certificate Class 7 to a person who

 

                     (a)   has the academic and professional qualifications required for a Teacher’s Certificate Class 6 and has completed one additional year of approved graduate study; or

 

                     (b)  has the academic and professional qualifications required for a Teacher’s Certificate Class 5 and has completed two additional years of approved graduate study.

 

28      The Minister may grant a Teacher’s Certificate Class 8 to a person who

 

                     (a)   has the academic and professional qualifications required for a Teacher’s Certificate Class 6; and

 

                     (b)  holds an approved doctorate degree from a recognized university.

 

29      Despite Sections 24 to 28 and Sections 32 and 33, the Minister may grant to a person holding teacher’s certificates up to and including Class 7, a certificate of the next highest rank if the person

 

                     (a)   completes after August 1, 1967, a course of training approved by the Minister of one academic year’s duration or the equivalent thereof;

 

                     (b)  completed before August 1, 1967, a course of training of one academic year’s duration or the equivalent thereof if the Minister is satisfied that the course of training was of a kind that the Minister would have approved on or after August 1, 1967.

 

30      (1)     When a school board certifies that no holder of a Teacher’s Certificate is available for a teaching position, the Minister may issue a Teaching Permit to a person who is recommended by the regional education officer for the region in which the school or class is situated, subject to the Minister being satisfied with the person’s subject matter and pedagogical expertise.

 

          (2)     A permit issued under this Section constitutes permission to conduct school only in the school region and for the school year for which it is issued.


Granting a teacher’s certificate for first time

30A   (1)     Subject to subsection (2), where a person who has not previously been granted a teacher’s certificate from the Minister applies for a teacher’s certificate

 

                     (a)   before August 1, 2000, and receives confirmation from the Minister that the application was received by the Minister on or before that date, the Minister shall receive and process the application pursuant to the pre-August 1, 2000 certification system and, subject to the person satisfying the requirements pursuant to the pre-August 1, 2000 certification system for the class of teacher’s certificate applied for, grant a teacher’s certificate pursuant to the pre-August 1, 2000 certification system; or

 

                     (b)  on or after August 1, 2000, and receives confirmation from the Minister that the application was received by the Minister on or after that date, the Minister shall receive and process the application pursuant to the post-July 31, 2000 certification system and, subject to the person satisfying the requirements pursuant to the post-July 31, 2000 certification system for the class of teacher’s certificate applied for, grant a teacher’s certificate pursuant to the post-July 31, 2000 certification system.

Section 30A renumbered 30A(1) and amended: O.I.C. 2004-282, N.S. Reg. 178/2004.

 

          (2)     Despite subsection (1), where one of the following persons applies, on or after August 1, 2004, for a teacher’s certificate and receives confirmation from the Minister that the application was received by the Minister on or after that date, the Minister shall, if the Minister is satisfied that the requirements of this subsection are met, receive and process the application pursuant to the pre-August 1, 2000 certification system and, subject to the person satisfying the requirements pursuant to the pre-August 1, 2000 certification system for the class of teacher’s certificate applied for, grant the teacher’s certificate pursuant to the pre-August 1, 2000 certification system, effective on and after the date of the certificate:

 

                     (a)   a person who, before August 1, 2000, held a valid teacher’s certificate granted by an authority in another jurisdiction and satisfied the professional studies requirements prescribed by that jurisdiction, if

 

                            (i)     the Minister, in considering the application of the person referred to above, considers the professional studies requirements prescribed by that jurisdiction to be equivalent to the professional studies requirements for the teacher’s certificate for which the person applies pursuant to this subsection, or

 

                            (ii)    the person was granted, before August 1, 2004, a teacher’s certificate pursuant to the post-July 31, 2000 certification system;

 

                     (b)  a person who, before August 1, 2000, completed an approved program of Teacher Education in Nova Scotia, and satisfied the requirements pursuant to the pre-August 1, 2000 certification system for a teacher’s certificate, and applied for and was granted an equivalent teacher’s certificate from a jurisdiction other than Nova Scotia; or

 

                     (c)   a person who, before August 1, 2000, held an Associate in Education diploma through the Nova Scotia Teachers College.                                   

Subsection 30A(2) added: O.I.C. 2004-282, N.S. Reg. 178/2004.

 

          (3)     If a person referred to in subclause (2)(a)(ii) provides to the Minister proof of payment of an application fee for the teacher’s certificate referred to in that subclause, payment of that application fee is payment of the application fee for the purpose of applying for a teacher’s certificate pursuant to subsection (2).

Subsection 30A(3) added: O.I.C. 2004-282, N.S. Reg. 178/2004.

 

          (4)     Any teacher’s certificate previously granted to a person by the Minister is revoked effective on and after the date of a teacher’s certificate granted by the Minister to the person pursuant to subsection (2).

Subsection 30A(4) added: O.I.C. 2004-282, N.S. Reg. 178/2004.

Section 30A added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Classes of teachers’ certificates in post-July 31, 2000 certification system

30B    The post-July 31, 2000 certification system shall comprise 4 classes of teachers’ certificates, namely:

 

                     (a)   Initial Teacher’s Certificate;

 

                     (b)  Advanced Teacher’s Certificate 1;

 

                     (c)   Advanced Teacher’s Certificate 2; and

 

                     (d)  Advanced Teacher’s Certificate 3.

Section 30B added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Guidelines on granting teachers’ certificates pursuant to post-July 31, 2000 certification system

30C   (1)     Before the Minister grants a teacher’s certificate to a person pursuant to the post-July 31, 2000 certification system on the condition that the person has completed a degree program, the Minister must be satisfied that the person has

 

                     (a)   been awarded the degree for that degree program; or

 

                     (b)  completed the requirements to be awarded the degree for that degree program.

 

          (2)     Before the Minister grants an Advanced Teacher’s Certificate 1, 2 or 3 to a person pursuant to the post-July 31, 2000 certification system on condition that the person has completed an integrated program, the Minister

 

                     (a)   must have approved the integrated program before the commencement of the integrated program; and

 

                     (b)  must not have previously granted a certificate on the condition that the integrated program or any courses in the integrated program have been completed.

 

          (3)     Before the Minister grants a teacher’s certificate to a person pursuant to the post-July 31, 2000 certification system on the condition that the person has completed a program, the Minister must be satisfied that the person has fully completed the program.

 

          (4)     Before the Minister grants an Advanced Teacher’s Certificate 1, 2 or 3 to a person pursuant to the post-July 31, 2000 certification system on the condition that the person has completed a certificate program or an integrated program, the Minister must be satisfied that the program does not include the undergraduate courses completed as part of the program, the completion of which was a condition for the granting of the preceding lower class of teacher’s certificate to the person.

 

          (5)     Before the Minister grants an Advanced Teacher’s Certificate 1, 2 or 3 to a person pursuant to the post-July 31, 2000 certification system on the condition that the person has completed a certificate program, degree program or an integrated program, the Minister must be satisfied that the program does not include the graduate courses completed as part of the program, the completion of which was a condition for the granting of the preceding lower class of teacher’s certificate to the person.

Section 30C added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Nova Scotia Instructional Leadership Program

30CAThe Nova Scotia Instructional Leadership Program must include all of the following:

 

                (a)    a minimum of 6 courses, each of which must include at least 36 hours of classroom instruction and 36 hours of inquiry-based practice;

 

                (b)    instruction in best practices in all of the following:

 

                         (i)     instruction and assessment,

 

                         (ii)    instructional design,

 

                         (iii)   coaching and supervision skills,

 

                         (iv)   using data for instructional and school improvement,

 

                         (v)    developing a community of practice.

Section 30CA added: O.I.C. 2011-47, N.S. Reg. 21/2011.


Initial Teacher’s Certificate

30D   The Minister may grant an Initial Teacher’s Certificate 1 to a person who meets all of the following qualifications:

 

                (a)    a minimum of 3 years of approved undergraduate studies;

 

                (b)    a minimum of 2 years of an approved program of professional studies; and

 

                (c)    receipt of an approved bachelor’s degree from a recognized university.

Section 30D added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Advanced Teacher’s Certificate 1

30E    The Minister may grant an Advanced Teacher’s Certificate 1 to a person who meets all of the following qualifications:

 

                (a)    the academic and professional qualifications required for an Initial Teacher’s Certificate;

 

                (b)    completion of 1 of the following:

 

                         (i)     an approved

 

                                  (A)   certificate program,

 

                                  (B)   degree program, or

 

                                  (C)   integrated program,

 

                         (ii)    the Nova Scotia Instructional Leadership Program.

Section 30E added: O.I.C. 2000-404, N.S. Reg. 138/2000; replaced: O.I.C. 2011-47, N.S. Reg. 21/2011.


Advanced Teacher’s Certificate 2                

30F    The Minister may grant an Advanced Teacher’s Certificate 2 to a person who meets all of the following qualifications:

 

                (a)    the academic and professional qualifications required for an Advanced Teacher’s Certificate 1;

 

                (b)    an approved

 

                         (i)     degree program,

 

                                  (A)   certificate program,

 

                                  (B)   degree program, or

 

                                  (C)   integrated program,

 

                         (ii)    the Nova Scotia Instructional Leadership Program.

Section 30F added: O.I.C. 2000-404, N.S. Reg. 138/2000; replaced: O.I.C. 2011-47, N.S. Reg. 21/2011.


Advanced Teacher’s Certificate 3

30G   The Minister may grant an Advanced Teacher’s Certificate 3 to a person who

 

                (a)    The Minister may grant an Advanced Teacher's Certificate 3 to a person who meets all of the following qualifications:

 

                (b)    completion of 1 of the following:

 

                         (i)     an approved

 

                                  (A)   certificate program,

 

                                  (B)   degree program, or

 

                                  (C)   integrated program,

 

                         (ii)    the Nova Scotia Instructional Leadership Program;

 

                (c)    if not completed as part of the requirements in clause (a) or (b), completion of a minimum of 6 credit hours of approved study in research methods or research literacy, or any combination of them totalling 6 credit hours of approved study;

 

                (d)    if not completed as part of the requirements in clause (a) or (b), an approved graduate degree from a recognized university.

Section 30G added: O.I.C. 2000-404, N.S. Reg. 138/2000; replaced: O.I.C. 2011-47, N.S. Reg. 21/2011.


Endorsation of teachers’ certificates

30H   (1) Where the Minister receives an application for a teacher’s certificate on or after August 1, 2005, from a person to whom the Minister has not previously granted a teacher’s certificate, the Minister may grant the teacher’s certificate pursuant to the post-July 31, 2000 certification system to a person who satisfies the requirements for the class of teacher’s certificate applied for, that is endorsed for

 

                (a)    elementary education;

 

                (b)    secondary education by recognized subject field; or

 

                (c)    both elementary and secondary education where the secondary education subject fields are French, physical education/health education, or fine arts.

 

          (2) The Minister may grant a teacher’s certificate with more than one endorsation referred to in subsection (1).

 

          (3) The Minister may include in the endorsation for secondary education referred to in clause (1)(b) a major or minor endorsation as recognized by the Minister.

Section 30H added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Certificate holder retaining certificate until change of classification

30I     (1) A person who has been granted a Teacher’s Certificate Class 5 to 7 pursuant to the pre-August 1, 2000 certification system on or before July 31, 2000, shall retain the class of teacher’s certificate granted until the person fulfills the requirements to change the classification to obtain a higher class of certificate pursuant to

 

                (a)    Section 30J; or

 

                (b)    Section 30K.

 

          (2) A person who has been granted a Teacher’s Certificate Class 1 to 4 pursuant to the pre-August 1, 2000 certification system on or before July 31, 2000 shall retain the class of teacher’s certificate granted until the person fulfills the requirements to change the classification to obtain a higher class of certificate pursuant to

 

                (a)    Section 30J;

 

                (b)    Section 30JA; or

Clause 30I(2)(b) added: O.I.C. 2008-79, N.S. Reg. 92/2008.

 

                (c)    Section 30K.

Clause 30I(2)(b) re-lettered (c): O.I.C. 2008-79, N.S. Reg. 92/2008.

 

          (3) Despite subsections (1) and (2), a person who has been granted a teacher’s certificate pursuant to subsection 30A(2) shall retain the class of teacher’s certificate granted until the person fulfills the requirements to change the classification to obtain a higher class of certificate in accordance with Section 30JA or subsection 30K(3).

Subsection 30I(3) added: O.I.C. 2004-282, N.S. Reg. 178/2004; amended: O.I.C. 2008-79, N.S. Reg. 92/2008.

Section 30I added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Certificate holder subject to pre-August 1, 2000 certification system

30J    (1) A person who holds a Teacher’s Certificate Class 5 to 7 granted pursuant to the pre-August 1, 2000 certification system and

 

                (a)    has, on or before October 31, 2000, pursuant to the pre-August 1, 2000 certification system

 

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in classification;

 

                (b)    has received confirmation from the Minister that the registration pursuant to subclause (a)(i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or before October 31, 2000,

 

may

 

                (c)    complete the upgrading program referred to in subclause (a)(i) pursuant to the pre-August 1, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the pre-August 1, 2000 certification system for the change in classification referred to in subclause (a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    teacher’s certificate

 

pursuant to the pre-August 1, 2000 certification system, provided that the program is completed pursuant to clause (c) or the requirements are satisfied pursuant to clause (d) within 7 years from the date of registration pursuant to subclause (a)(i) or the application pursuant to subclause (a)(ii), as the case may be.

 

          (2) A person who holds a Teacher’s Certificate Class 4 granted pursuant to the pre-August 1, 2000 certification system and

 

                (a)    has, on or before July 31, 2001, for the purpose of obtaining a Teacher’s Certificate Class 5, pursuant to the pre-August 1, 2000 certification system,

 

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant to subclause (a)(i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or before July 31, 2001,

 

may

 

                (c)    complete the upgrading program referred to in subclause (a)(i) pursuant to the pre-August 1, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the pre-August 1, 2000 certification system for the change in classification referred to in subclause (a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    Teacher’s Certificate Class 5

 

pursuant to the pre-August 1, 2000 certification system, provided that the program is completed pursuant to clause (c) or the requirements are satisfied pursuant to clause (d) within 7 years from the date of registration pursuant to subclause (a)(i) or the application pursuant to subclause (a)(ii), as the case may be.

 

          (3) A person who holds a Teacher’s Certificate Class 1 to 3 granted pursuant to the pre-August 1, 2000 certification system and

 

                (a)    has, on or before July 31, 2001, for the purpose of obtaining one or more higher classes of certificate up to and including, but for greater certainty not exceeding, a Teacher’s Certificate Class 5, pursuant to the pre-August 1, 2000 certification system,

 

                         (i)     registered in one or more approved upgrading programs, or

 

                         (ii)    applied for a change in classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant to subclause (a)(i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or before July 31, 2001,

 

may

 

                (c)    complete the upgrading programs referred to in subclause (a)(i) pursuant to the pre-August 1, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the pre-August 1, 2000 certification system for the changes in classification referred to in subclause (a)(ii); and

 

                (e)    subject to satisfying the requirements for the one or more classes of teacher’s certificate applied for, receive

 

                         (i)     one or more changes in the teacher certification classification, as the

case may be, and

 

                         (ii)    one or more teacher’s certificate[s], as the case may be,

 

pursuant to the pre-August 1, 2000 certification system, provided that the program is completed pursuant to clause (c) or the requirements are satisfied pursuant to clause (d) within 7 years from the date of registration pursuant to subclause (a)(i) or the application pursuant to subclause (a)(ii), as the case may be.

 

          (4) The Minister may extend the 7-year time period referred to in subsections (1) to (3) for such further period as the Minister determines, having regard to the matters the Minister considers appropriate, including illness of the person referred to in those subsections and unavailability of required courses.

Section 30J added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Certain Class 4 certificate holders subject to pre-August 1, 2000 certification system

30JA (1) A person who holds a Teacher’s Certificate Class 4 granted pursuant to the pre-August 1, 2000 certification system and

 

                (a)    has, on or after August 1, 2001, for the purpose of obtaining a Teacher’s Certificate Class 5, pursuant to the pre-August 1, 2000 certification system,

 

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant to subclause (a)(i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or after August 1, 2001,

 

may

 

                (c)    complete the upgrading program referred to in subclause (a)(i) pursuant to the pre-August 1, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the pre-August 1, 2000 certification system for the change in classification referred to in subclause (a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    Teacher’s Certificate Class 5

 

pursuant to the pre-August 1, 2000 certification system.

 

          (2) A person referred to in subsection (1) includes a person who has been granted a teacher’s certificate pursuant to subsection 30A(2), and subsection (1) applies to the person for the purpose of applying to change their teacher certification classification.

Section 30JA added: O.I.C. 2008-79, N.S. Reg. 92/2008.


Teacher’s certificate holder subject to post-July 31, 2000 certification system

30K   (1) A person who holds a Teacher’s Certificate Class 5 to 7 granted pursuant to the pre-August 1, 2000 certification system and

 

                (a)    has, on or after November 1, 2000,

 

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant to subclause (a)(i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or after November 1, 2000,

 

shall

 

                (c)    complete the upgrading program referred to in subclause (a)(i) pursuant to the post-July 31, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the post-July 31, 2000 certification system for the change in classification referred to in subclause (a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    teacher’s certificate

 

pursuant to the post-July 31, 2000 certification system in accordance with the progression of classifications of teacher’s certificates from the pre-August 1, 2000 system to the post-July 31, 2000 certification system in Section 30L.

 

          (2) A person who holds a Teacher’s Certificate Class 1 to 3 granted pursuant to the pre-August 1, 2000 certification system and

Subsection 30K(2) amended: O.I.C. 2008-79, N.S. Reg. 92/2008.

 

                (a)    has, on or after August 1, 2001,

 

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant to subclause (a)(i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or after August 1, 2001,

 

shall

 

                (c)    complete the upgrading program referred to in subclause (a)(i) pursuant to the post-July 31, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the post-July 31, 2000 certification system for the change in classification referred to in subclause (a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    teacher’s certificate

 

pursuant to the post-July 31, 2000 certification system in accordance with the progression of classifications of teachers’ certificates from the pre-August 1, 2000 system to the post-July 31, 2000 certification system in Section 30L.

 

          (3) A person referred to in subsections (1) and (2) includes a person who has been granted a teacher’s certificate pursuant to subsection 30A(2), and subsections (1) and (2) apply to the person for the purpose of applying to change their teacher certification classification.

Subsection 30K(3) added: O.I.C. 2004-282, N.S. Reg. 178/2004.

Section 30K added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Progression of classifications of teachers’ certificates

30L    For purposes of Section 30K, a change in classification from a classification level pursuant to the pre-August 1, 2000 classification system to the next higher level of classification pursuant to the post-July 31, 2000 classification system shall be in accordance with the following order of levels of classifications:

 

                (a)    from a Teacher’s Certificate Class 1 to 3 to an Initial Teacher’s Certificate;

Clause 30L(a) amended: O.I.C. 2008-79, N.S. Reg. 92/2008.

 

                (b)    from a Teacher’s Certificate Class 5 to an Advanced Teacher’s Certificate 1;

 

                (c)    from a Teacher’s Certificate Class 6 to an Advanced Teacher’s Certificate Class 2;

 

                (d)    from a Teacher’s Certificate Class 7 to an Advanced Teacher’s Certificate Class 3.

Section 30L added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Teacher’s certificate holder pursuant to the post-July 31, 2000 certification system receiving change in classification

30M  A person who has been granted a teacher’s certificate pursuant to the post-July 31, 2000 certification system and

 

                (a)    has, on or after August 1, 2000,

 

                         (i)     registered in an approved upgrading program, or

                         (ii)    applied for a change in teacher certification classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant to subclause (a)(i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or after August 1, 2000,

 

shall

 

                (c)    complete the approved upgrading program referred to in subclause (a)(i) pursuant to the post-July 31, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the post-July 31, 2000 certification system for the change in classification referred to in subclause (a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    teacher’s certificate

 

pursuant to the post-July 31, 2000 certification system in accordance with the progression of classifications of certificates in Section 30B.

Section 30M added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Person registered in a pre-service teacher education program

30N   (1) For greater certainty, a person who for the first time is registered and in attendance in the undergraduate studies component of a pre-service teacher education program that commences in the academic year following August 31, 2000, shall be subject to the requirements for an Initial Teacher’s Certificate pursuant to the post-July 31, 2000 certification system, and shall receive a teacher’s certificate pursuant to the post-July 31, 2000 certification system upon the Minister being satisfied that the requirements for the class of teacher’s certificate applied for have been met.

 

          (2) Despite any other provision in the post-July 31, 2000 certification system, a person who is registered and in attendance in the undergraduate studies component of a pre-service teacher education program that commences on or after September 1, 1993, but not after August 31, 2000,

 

                (a)    shall be subject to the requirements for teacher certification in effect as of the date the person registered and commenced attendance in the pre-service teacher education program, so long as the person completes all requirements for the teacher certification within 7 years of the date of registration and commencement of attendance; and

 

                (b)    shall receive a teacher’s certificate pursuant to the pre-August 1, 2000 certification system upon the Minister being satisfied that the requirements pursuant to the pre-August 1, 2000 certification system for the class of teacher’s certificate applied for have been met.

 

          (3) Despite any other provision in the post-July 31, 2000 certification system, a person who is registered and in attendance in the undergraduate studies component of a pre-service teacher education program in circumstances other than those referred to in subsection (2) shall be subject to the requirements for an Initial Teacher’s Certificate pursuant to the post-July 31, 2000 certification system, and shall receive a certificate pursuant to the post-July 31, 2000 certification system upon the Minister being satisfied that the requirements for the class of teacher’s certificate applied for have been met.

 

          (4) For greater certainty, this Section does not apply to a person who has been granted a teacher’s certificate pursuant to subsection 30A(2).

Subsection 30N(4) added: O.I.C. 2004-282, N.S. Reg. 178/2004.

Section 30N added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Further provision respecting a person registered in a pre-service teacher education program

30NADespite Section 30N, and any other provision of the post-July 31, 2000 certification system, a person who

 

                (a)    is registered and in attendance in the undergraduate studies component of a pre-service teacher education program that commences before August 31, 2000; and

 

                (b)    is not a person to whom subsection 30N(2) applies,

 

and who has either

 

                (c)    received

 

                         (i)     approval from the Minister of the professional studies component of a pre-service teacher education program, and

 

                         (ii)    confirmation from the Minister that the person is eligible to receive, upon completion of the pre-service teacher education program, the classification of certificate requested by the person,

 

before August 31, 2000;

 

                (d)    registered and been in attendance in an approved program of professional studies in Nova Scotia that commenced either September 1, 1999, or September 1, 2000; or

 

                (e)    applied for a teacher’s certificate on or after August 1, 2000, and before June 1, 2001,

 

shall, subject to the terms and conditions of an approval referred to [in] clause (c),

 

                (f)    be subject to the requirements for teacher certification in effect as of the date the person registered and commenced attendance in the undergraduate studies component of the pre-service teacher education program; and

 

                (g)    receive a teacher’s certificate pursuant to the pre-August 1, 2000 certification system upon the Minister being satisfied that the requirements pursuant to the pre-August 1, 2000 certification system for the class of teacher’s certificate applied for have been met.

Section 30NA added: O.I.C. 2001-269, N.S. Reg. 59/2001.


Assignment of teacher holding endorsed teacher’s certificate

30O   (1) Effective on and after August 1, 2005, where a school board engages a person who

 

                (a)    has been granted a teacher’s certificate endorsed in elementary education; and

 

                (b)    has not previously been employed on a term or probationary contract as a teacher in a public school,

 

the school board shall, in the first year of employment of the person, assign the person to teach at the elementary level; namely grades primary to 6.

 

          (2) Effective on and after August 1, 2005, where a school board engages a person who

 

                (a)    has been granted a teacher’s certificate endorsed in secondary education; and

 

                (b)    has not previously been employed on a term or probationary contract as a teacher in a public school,

 

the school board shall, in the first year of employment of the person, assign the person to teach at the secondary level; namely grades 7 to 12, predominately in the subject fields for which the person’s teacher’s certificate is endorsed.

 

          (3) Despite subsections (1) and (2), effective on and after August 1, 2005, where a school board engages a person described in subsections (1) or (2), the school board may assign the person to teach exclusively at the junior high level; namely grades 7 to 9.

Section 30O added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Granting of special certificate and recognition of employment

30P    (1) The Minister may grant a special certificate of the appropriate class in the fields of testing services, social services related to education and school library services, to a person who does not otherwise qualify for a teacher’s certificate and who has completed the minimum qualifications as determined by the Minister in the field

for which the application is made.

 

          (2) A certificate granted pursuant to subsection (1) shall be a permanent certificate.

 

          (3) In addition to the provisions contained in Section 11, for the purpose of determining the salary of a person to whom a certificate is issued under this Section, the Minister may recognize the employment of the person in the particular field of employment for which the certificate is issued, and that employment shall be recognized for salary purposes provided that the person continues to be employed in the field for which the certificate is issued and the person held, or was eligible to hold, teacher certification in Nova Scotia at the time that the previous employment was completed.

Section 30P added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Certificate holder pursuant to the post-July 31, 2000 certification system completing upgrading program within seven years of registration

30Q   (1) Despite any other provision in the post-July 31, 2000 certification system, a person who has

 

                (a)    been granted a teacher’s certificate pursuant to the post-July 31, 2000 certification system; and

 

                (b)    on or after August 1, 2000,

 

                         (i)      registered in an approved upgrading program, and

 

                         (ii)    applied for a change in classification on the condition of the

completion of the approved upgrading program,

 

shall only receive the change in classification if the

 

                (c)    upgrading program referred to in subclause (b)(i); and

 

                (d)    the requirements prescribed pursuant to the post-July 31, 2000 certification system for the change in classification referred to in subclause (b)(ii)

 

are completed within 7 years of the date of registration of the upgrading program.

 

          (2) The Minister may extend the 7-year time period referred to in subsection (1) for such further period as the Minister determines, having regard to the matters the Minister considers appropriate, including illness of the person referred to in the subsection and unavailability of required courses.

Section 30Q added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Provisions that apply to both the pre-August 1, 2000 and post-July 31, 2000 certification systems

30R   For greater certainty, Sections 16 to 23, 30 and 31 apply to both the pre-August 1, 2000 certification system and the post-July 31, 2000 certification system.

Section 30R added: O.I.C. 2000-404, N.S. Reg. 138/2000.


Bridging Teacher’s Certificate

30S (1)    Despite Sections 30A to 30R, the Minister may grant a Bridging Teacher’s Certificate to a person who has not previously been granted a teacher’s certificate by the Minister and does not meet the requirements for an Initial Teacher’s Certificate, if the person meets 1 of the following qualifications:

 

                (a)    they hold a valid teacher’s certificate granted by an authority in a Canadian territory or province other than Nova Scotia;

 

                (b)    they have completed minimum of 4 years of undergraduate education, including

 

                         (i)     an approved bachelor’s degree from a recognized university, and

 

                         (ii)    an approved program of professional studies that consists of a minimum of 30 semester hours of course work, including practicum.

 

       (2)    The Minister may grant an Initial Teacher’s Certificate to the holder of a Bridging Teacher’s Certificate who meets the academic and professional qualifications required in Section 30D for an Initial Teacher’s Certificate.

 

       (3)    A Bridging Teacher’s Certificate that was issued under these regulations as they existed immediately before the coming into force of this Section and that has not expired, continues under this Section and shall be treated in all respects as if it were issued under this Section.

Section 30S added: O.I.C. 2001-270, N.S. Reg. 60/2001; replaced: O.I.C. 2011-47, N.S. Reg. 21/2011.


[Vocational Teacher’s Certificate]

31   (1)    Except as provided in subsection (2), when a person who does not hold at least a Vocational Teacher’s Certificate Class I as described [in] subsection (3) has been appointed to the instructional staff of a vocational school, the Minister may grant that person a Vocational Teaching Permit “A" valid for a period of six years from the date of appointment.

 

       (2)    When a person who holds a Vocational Teaching Permit has not qualified for a Vocational Teacher’s Certificate within the term of the permit, the Minister may extend the term of that person’s permit.

 

       (3)    The Minister may issue a Vocational Teacher’s Certificate Class I to a person if the Minister is satisfied that the person

 

                (a)    holds a Nova Scotia pass certificate of not lower than grade 11 or its equivalent;

 

                (b)    has, in one occupation, a total of at least eight years of recognized work training and recognized work experience, in which total there are at least one year of recognized work training and at least four years of recognized work experience;

 

                (c)    has completed successfully teacher training courses requiring the equivalent of three-fifths of the study of a university year, comprising

 

                         (i)     a course in principles and practices of vocational education, requiring study equivalent to at least one-fifteenth of a university year,

 

                         (ii)    a course in teaching methods in vocational education requiring study equivalent to at least three-fifteenths of a university year,

 

                         (iii)   a course in job analysis and vocational course construction including the successful construction of a vocational course specific to the occupation in which the person has established work training and work experience, as required in clause (b) above, requiring study equivalent to at least one-fifteenth of a university year,

 

                         (iv)   a course in setting and evaluating examinations for the purpose of determining achievement of occupational skills and knowledge requiring study equivalent to at least one-fifteenth of a university year,

 

                         (v)    a course in guidance requiring study equivalent to at least one-fifteenth of a university year,

 

                         (vi)   a course in educational psychology requiring study equivalent to at least two-fifteenths of a university year or courses in both educational and general psychology, each of which requires study of at least one-fifteenth of a university year;

 

                (d)    has not less than three years of successful teaching experience in a vocational school in Nova Scotia or its recognized equivalent.

 

       (4)    The Minister may issue a Vocational Teacher’s Certificate Class II to a person if the Minister is satisfied that the person

 

                (a)    holds a Nova Scotia pass certificate of not lower than grade 12 or its equivalent or that the person has completed successfully one year of university work consisting of not less than five approved academic courses or that the person has completed successfully one-half of the courses needed to qualify for a Diploma of Technology or Applied Arts;

 

                (b)    has, in one occupation, a total of at least eight years of recognized work training and recognized work experience, in which total there are at least one year of recognized work training and at least four years of recognized work experience;

 

                (c)    has completed successfully teacher training courses requiring the equivalent of four-fifths of the study of a university year, including

 

                         (i)     a course in principles and practices of vocational education, requiring study equivalent to at least one-fifteenth of a university year,

 

                         (ii)    a course in teaching methods in vocational education, requiring study equivalent to at least three-fifteenths of a university year,

 

                         (iii)   a course in job analysis and vocational course construction including the successful construction of a vocational course specific to the occupation in which the person has established work training and work experience, as required in clause (b), requiring study equivalent to at least one-fifteenth of a university year,

 

                         (iv)   a course in setting and evaluating examinations for the purpose of determining achievement of occupational skills and knowledge, requiring study equivalent to at least one-fifteenth of a university year,

 

                         (v)    a course in guidance requiring study equivalent to at least one-fifteenth of a university year,

 

                         (vi)   a course in educational psychology requiring study equivalent to at least two-fifteenths of a university year or courses in both educational and general psychology, each of which requires study of at least one-fifteenth of a university year;

 

                (d)    has not less than three years of successful experience in a vocational school in Nova Scotia or its recognized equivalent.

 

       (5)    The Minister may issue a Vocational Teacher’s Certificate Class III to a person if the Minister is satisfied that the person

 

                (a)    has the academic qualifications required for a Vocational Teacher’s Certificate Class II and has completed successfully either

 

                         (i)     an additional year of university work consisting of not less than five approved academic courses, or

 

                         (ii)    the courses required for a Diploma of Technology or of Applied Arts, or

 

                         (iii)   the Nova Scotia Summer School Block Program in educational leadership, or

 

                         (iv)   an additional year of approved courses consisting of not more than three academic university courses and not less than two courses in the field of pedagogy or technical vocational training;

 

                (b)    has, in one occupation, a total of at least eight years of recognized work training and recognized work experience, in which total there are at least one year of recognized work training and at least four years of recognized work experience;

 

                (c)    has completed successfully teacher training courses requiring the equivalent of the study of one university year, including

 

                         (i)     a course in principles and practices of vocational education, requiring study equivalent to at least one-fifteenth of a university year,

 

                         (ii)    a course in teaching methods in vocational education, requiring study equivalent to at least three-fifteenths of a university year,

 

                         (iii)   a course in job analysis and vocational course construction including the successful construction of a vocational course specific to the occupation in which the person has established work training and work experience, as required in clause (b), requiring study equivalent to at least one-fifteenth of a university year,

 

                         (iv)   a course in setting and evaluating examinations for the purpose of determining achievement of occupational skills and knowledge, requiring study equivalent to at least one-fifteenth of a university year,

 

                         (v)    a course in guidance requiring study equivalent to at least one-fifteenth of a university year,

 

                         (vi)   a course in educational psychology requiring study equivalent to at least two-fifteenths of a university year or courses in both educational and general psychology, each of which requires study of at least one-fifteenth of a university year;

 

                (d)    has not less than three years of successful teaching experience in a vocational school in Nova Scotia or its recognized equivalent.

 

       (6)    The Minister may issue a Vocational Teacher’s Certificate Class IV to a person if the Minister is satisfied that the person

 

                (a)    has the academic qualifications required for a Vocational Teacher’s Certificate Class III and has completed successfully either

 

                         (i)     an additional year of university work consisting of not less than five approved academic courses, or

 

                         (ii)    the Nova Scotia Summer School Block Program in educational leadership, or

 

                         (iii)   an additional year of approved courses consisting of not more than two academic university courses and not less than three courses in the field of pedagogy or technical vocational training;

 

                (b)    has, in one occupation, a total of at least eight years of recognized work training and recognized work experience, in which total there are at least one year of recognized work training and at least four years of recognized work experience;

 

                (c)    has completed successfully teacher training courses requiring the equivalent of the study of one university year, including

 

                         (i)     a course in principles and practices of vocational education, requiring study equivalent to at least one-fifteenth of a university year,

 

                         (ii)    a course in teaching methods in vocational education, requiring study equivalent to at least three-fifteenths of a university year,

 

                         (iii)   a course in job analysis and vocational course construction including the successful construction of a vocational course specific to the occupation in which the person has established work training and work experience, as required in clause (b), requiring study equivalent to at least one-fifteenth of a university year,

 

                         (iv)   a course in setting and evaluating examinations for the purpose of determining achievement of occupational skills and knowledge, requiring study equivalent to at least one-fifteenth of a university year,

 

                         (v)    a course in guidance requiring study equivalent to at least one-fifteenth of a university year,

 

                         (vi)   a course in educational psychology requiring study equivalent to at least two-fifteenths of a university year or courses in both educational and general psychology, each of which requires study of at least one-fifteenth of a university year;

 

                (d)    has not less than three years of successful teaching experience in a vocational school in Nova Scotia or its recognized equivalent.

 

       (7)    Despite the requirement of clause (b) of subsections (3), (4), (5) and (6) respectively, in special and exceptional cases the Minister in the Minister’s discretion may accept, on a year for year basis, not more than three years of successful teaching experience in addition to the three years required in clause (d) of subsections (3), (4), (5) and (6), respectively, in lieu of work experience.

 

       (8)    The Minister may issue a Vocational Teacher’s Certificate Class I Interim, a Vocational Teacher’s Certificate Class II Interim, a Vocational Teacher’s Certificate Class III Interim, or a Vocational Teacher’s Certificate Class IV Interim, to a person who satisfies the Minister with respect to clauses (a), (b) and (c) of subsections (3), (4), (5) and (6), respectively.

 

       (9)    Despite the provisions of this Section,

 

                (a)    where the Minister is satisfied that a person who began courses in vocational teacher training before June 30, 1966 would qualify for a Vocational Teacher’s Certificate under the regulations in effect on July 30, 1966, the Minister may issue the Vocational Teacher’s Certificate to the person;

 

                (b)    where the Minister is satisfied that a person who began courses in vocational teacher training between June 30, 1966, and June 30, 1969 would qualify for a Vocational Teacher’s Certificate under the regulations in effect as of July 30, 1969, the Minister may issue the Vocational Teacher’s Certificate to the person; and

 

                (c)    where the Minister is satisfied that a person who began courses in vocational teacher training between June 30, 1969, and June 30, 1971 would qualify for a Vocational Teacher’s Certificate under the regulations in effect as of April 16, 1972, the Minister may issue the Vocational Teacher’s Certificate to the person.


[Special certificate]

32   (1)    The Minister may grant a special certificate of the appropriate class in the fields of social service related to education, testing services, school library services, or teaching the visually or hearing impaired, to a person who does not otherwise qualify for a teacher’s certificate who has completed the minimum qualifications as determined by the Minister in the field for which the application is made.

 

       (2)    A certificate granted pursuant to subsection (1) shall be a permanent certificate.

 

       (3)    In addition to the provisions contained in Section 11, for the purpose of determining the salary of a person to whom a certificate is issued under this Section, the Minister may recognize the employment of the person in the particular field of employment for which the certificate is issued, and that employment shall be recognized for salary purposes provided that the person continues to be employed in the field for which the certificate is issued and the person held, or was eligible to hold, teacher certification in Nova Scotia at the time that the previous employment was completed.


[Specialist Certificate]

33   (1)    A person who, upon the coming into force of this Section,

 

                (a)    holds a permanent Specialist Certificate for the teaching of students with physical or mental disabilities, granted by the Minister pursuant to Section 49 of the regulations made by the Governor in Council pursuant to the Education Act and which were in force immediately before the coming into force of this Section; and

 

                (b)    is employed as a teacher,

 

shall continue to hold a permanent Specialist Certificate of the class issued.

 

       (2)    In addition to the provisions of Section 11, for the purpose of determining the salary of a person whose certificate is continued pursuant to subsection (1), the Minister may recognize the employment of the person, properly certified in a particular field of employment relating to students with physical or mental disabilities, and such employment shall not be recognized for salary purposes unless the person continues to be employed as a teacher of students with physical or mental disabilities.


School attendance

34   Every child in the Province of Nova Scotia who has attained the age of six years and has not attained the age of sixteen years shall on every day in which school is in session attend the school in which the child is enrolled.

 

35   A child shall not be required to attend school and the parent of the child is not required to cause the child to attend school, if

 

                (a)    the child is temporarily unable to attend school by reason of physical or mental health or for other unavoidable causes and evidence is provided by the parent or a doctor, to the satisfaction of the school board, when requested by the teacher or school principal; or

 

                (b)    the child is not required to attend school pursuant to the Act or is excused or prohibited from attending pursuant to the Health [Protection] Act.

 

36   A school board that receives a request from the parent of a student who has not attained sixteen years of age for a certificate issued pursuant to Section 114 of the Act exempting the student from attendance at school may issue such a certificate if

 

                (a)    the student has attained the age of fifteen years;

 

                (b)    the staff of the school board have

 

                         (i)     conducted an evaluation of the circumstances related to the request,

 

                         (ii)    examined alternatives to exemption from attendance, and

 

                         (iii)   discussed such alternatives in detail with the student and his or her parent; and

 

                (c)    the school board is satisfied, after considering the results of the actions described in clause (b), that requiring the student to continue school attendance would not be beneficial to the student.

 

37   (1)    The certificate of exemption issued pursuant to Section 114 of the Act shall include

 

                (a)    the full names and addresses of the student and his or her parents;

 

                (b)    the date of the student’s birth;

 

                (c)    the name of the school which the student has been attending; and

 

                (d)    the period for which the exemption is valid.

 

       (2)    The certificate of exemption shall be signed by the superintendent of the school board.

 

       (3)    Separate copies of the certificate of exemption shall be

 

                (a)    held by the principal of the school that the student was attending at the time the certificate was issued;

 

                (b)    given to the student named in the certificate;

 

                (c)    given to the student’s parent; and

 

                (d)    given to the student’s employer, if the certificate is intended to authorize the student to accept employment during school hours.

 

38   (1)    If a certificate of exemption issued pursuant to Section 114 of the Act is intended to authorize the student to accept employment during school hours, the employer shall be named in the certificate.

 

       (2)    If the person for whom the certificate was issued ceases to work for the employer named in the certificate before having attained the age of sixteen, the employer shall notify the superintendent of the school board within five days.

 

       (3)    A person who is under sixteen years of age, who has received a certificate of exemption from school attendance for the purposes of employment and who ceases to work for the employer named in the certificate, shall return to school and attend school as required by the Act and the regulations.


Home education

39   (1)    A parent providing a home education program who registers a child for each school academic year with the Minister pursuant to clause 128(2)(a) of the Act, shall,

 

                (a)    where the parent registers the child for a full school academic year, submit the registration to the Minister on or before September 20 of the school academic year in which the parent wishes to provide the program; or

 

                (b)    where the parent registers the child for less than the full school academic year, submit the registration to the Minister before commencing the provision of the home education program.

 

       (2)    A registration form required by subsection (1) shall include,

 

                (a)    in the case of previous public school experience, the last grade level attained;

 

                (b)    in the case of previous home education experience, the program level of achievement and estimated equivalent public school grade level; and

 

                (c)    identification of the proposed home education program.

 

40   A parent providing a home education program who reports the child’s progress to the Minister pursuant to clause 128(2)(b) of the Act, shall provide the report

 

                (a)    at least once a year in June of the school academic year in which the child takes the home education program; and

 

                (b)    in a manner consistent with the type of program provided and which accurately reflects the child’s progress.

 

41   (1)    For the purpose of clause 128(4)(a) of the Act, a “standardized test” means a nationally or internationally recognized achievement test given under standard conditions to measure the level of academic achievement of individual students.

 

       (2)    For the purpose of clause 128(4)(b) of the Act, a “qualified assessor” means a person, other than a parent of the child whose educational progress is being assessed, who is

 

                (a)    a teacher;

 

                (b)    a person holding a teacher’s certificate issued by the Minister; or

 

                (c)    a faculty member of an education faculty of a Nova Scotia university that trains teachers,

 

whose area of expertise relating to assessing educational progress includes students within the age range of the child.

 

       (3)    For the purpose of clause 128(4)(c) of the Act, a “portfolio of the child’s work” means a representative, multi-curricula selection of the child’s work performed over a period of time, for the purpose of assisting the Minister in assessing the child’s progress and achievement.

 

42   For the purpose of subsection 128(5) of the Act, an “independent assessor” means a person who has at least the qualifications of a “qualified assessor” prescribed in subsection 41(2).

 

43   An assessment instrument authorized by the Minister through which a child in a home education program is assessed under subsection 128(6) of the Act shall be

 

                (a)    administered to the child by a school board at the same time and under the same conditions as it is administered to public school students; and

 

                (b)    taken by the child with age-alike or grade-alike public school students.


Paying for the boarding of students

44   For the purpose of clause 64(2)(h) of the Act, a school board shall pay for the boarding of a student attending a school if

 

                (a)    the school is a public school;

 

                (b)    the board has approved attendance at the school;

 

                (c)    the board considers it impracticable to convey the student to the school which the student would normally attend or in which the student is enrolled; and

 

                (d)    the board considers the boarding costs to be reasonable.


Private schools

45   (1)    Where a private school applies, pursuant to Section 132 of the Act, to have the school’s program of studies recognized by the Minister as meeting the requirements for a high school leaving certificate, the school shall submit the following to the Minister:

 

                (a)    the name of the persons or body owning the school;

 

                (b)    the name of the school;

 

                (c)    the location of the school;

 

                (d)    the names of the operators of the school; and

 

                (e)    the number of students enrolled in the school on September 30 of the year the application is made.

 

       (2)    An application by a school pursuant to subsection (1) shall be made on or before October 31 of the school year preceding the school year for which the application is made.

 

46   (1)    A private school that makes an application pursuant to Section 132 of the Act shall append to the application a detailed description of the program including

 

                (a)    a description of the compulsory and elective courses offered from the Public School Program; and

 

                (b)    a description of courses offered that are different from the courses offered in the Public School Program.

 

       (2)    The description of the program of studies referred to in subsection (1) shall describe how the compulsory and elective credit requirements, as specified in the Public School Program, are met.

 

47   The Minister may, at the request of a private school, recognize courses offered by a private school that are different from the courses offered in the Public School Program.

 

48   A private school which requests, pursuant to Section 47, recognition by the Minister of the courses offered by the private school, shall provide the following information:

 

                (a)    a statement of the philosophy, outcomes, content, scope and sequence of each course;

 

                (b)    the list of major learning resources for each course approved by the governing body of the school;

 

                (c)    a description of how the program contributes to the Essential Graduation Learnings recognized by the Department;

 

                (d)    the number of hours of instruction for each course;

 

                (e)    Provincial course coding equivalency for all courses and programs;

 

                (f)     an outline of instructional strategies to be used; and

 

                (g)    an outline of evaluation strategies and procedures.

 

49   In determining recognition of a program of studies of a private school, the Minister may consider whether

 

                (a)    the compulsory and elective courses offered from the Public School Program meet the requirements for a high school leaving certificate;

 

                (b)    the courses referred to in Section 49 [47] are reasonably equivalent to the compulsory and elective courses offered from the Public School Program that meet the requirements for a high school leaving certificate;

 

                (c)    the teacher qualifications are to the satisfaction of the Minister in accordance with Section 54 [52].

 

50   (1)    Recognition of a private school’s program of studies given by the Minister pursuant to Section 47 may be for a term not exceeding three years.

 

       (2)    A private school may reapply for recognition.

 

       (3)    A reapplication pursuant to subsection (2) shall be made not sooner than six months and not later than five months before the end of the term of the recognition.

 

51   (1)    A private school which receives recognition pursuant to Section 132 of the Act shall keep records of student enrolment and student progress and such other statistical information required by the Minister and in a form acceptable to the Minister.

 

       (2)    A student record in a private school means the Student Cumulative Record Card or the equivalent approved by the Minister.

 

       (3)    The student records shall be maintained and not destroyed.

 

52   A private school making an application for recognition pursuant to Section 132 of the Act must demonstrate, to the satisfaction of the Minister, that each teacher assigned to teach the high school program of studies at the school

 

                (a)    is eligible for teacher certification in Nova Scotia;

 

                (b)    holds a teacher’s certificate from another Canadian jurisdiction; or

 

                (c)    has subject matter and pedagogical expertise satisfactory to the Minister.

 

53   A child enrolled in a private school shall attend the school during the time required by the rules and regulations of the school.


Foreign student fees

54   (1)    For the purpose of this Section,

 

                (a)    “foreign student” means a foreign student defined in clause 51(1)(b) of the Ministerial Education Act Regulations;

 

                (b)    “international student program” means an international student program defined in clause 51(1)(c) of the Ministerial Education Act Regulations.

 

       (2)    A school board may admit a foreign student to a school serving the school district or school region of the school board, for the purpose of enrolling the foreign student in

 

                (a)    the Public School Program; or

 

                (b)    an international student program.

 

       (3)    A school board that admits a foreign student pursuant to clause (2)(a) shall charge the foreign student an annual fee equal to two times the Provincial general formula rate as determined for funding purposes pursuant to Schedule “A”.

 

       (4)    A school board that admits a foreign student pursuant to clause (2)(b) shall charge the foreign student an annual fee equal to three times the Provincial general formula rate as determined for funding purposes pursuant to Schedule “A”.

 

       (5)    All the fees remitted by foreign students pursuant to this Section shall be allocated by the school board as between the school board and the Minister, with the school board being paid 80 percent of the fees and the Minister being paid 20 percent of the fees.


Conseil scolaire acadien provincial

55   (1)    An entitled parent wishing to register a child in a French-first-language program shall file with the Conseil acadien a declaration in the form set out in Schedule “B”.

 

       (2)    The Conseil acadien may require an entitled parent to provide further information respecting eligibility and the Conseil acadien shall, subject to subsection (3), determine eligibility.

 

       (3)    Upon application for registration, the Minister may review the declarations filed with the Conseil acadien and the Minister may make a final determination of the eligibility of a parent.

 

       (4)    Subject to subsection (5), no child shall be registered with the Conseil acadien as a child of an entitled parent unless the declaration required in this Section has been filed with the Conseil acadien and the parent has been found to be an entitled parent.

 

       (5)    Despite subsection (1), parents who had a child attending a French-first-language program in the Province in the 1995-96 school year are not required to file a declaration in accordance with subsection (1).

 

56   (1)    Where the Conseil acadien is making preliminary plans to start a new class, of children who are not already enrolled in a French-first-language program, to provide a French-first-language program, it shall consider the proximity of its existing classes or facilities, expected numbers of children of entitled parents, and other pertinent factors, and the Conseil acadien may conduct a pre-registration of children of entitled parents in order to determine the demand for French-first-language program instruction.

 

       (2)    Before establishing new French-first-language classes of children, who are not already enrolled in a French-first-language program, the Conseil acadien shall have a discussion with the regional school board in the area where the class is proposed to be established and shall obtain the Minister’s

 

                (a)    agreement with the projected number of children of entitled parents to be served by the class; and

 

                (b)    approval of their reasonable assembly for a class.

 

       (3)    For the purpose of determining whether a sufficient number of children can reasonably be assembled, 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 must be transported; and

 

                (e)    the ages of the children.

 

57   The Conseil acadien shall, on or before April 15 of the year it first provides a French-first-language program, prepare a written plan for approval of the Minister describing the means by which it proposes to meet its obligations under the Act for the transportation of students.

 

58   Course and program implementation plans adopted by the Conseil acadien must first be approved by the Minister.


Conseil acadien regional student-discipline policy

59   For the purpose of clause 64(2)(r) of the Act, in the case of the Conseil acadien, a “regional student-discipline policy” shall mean a discipline policy applicable within the jurisdiction of the Conseil acadien.


Public/private sector development and service agreements

60   (1)    For the purposes of this Section and the Act,

 

                (a)    “acquire” or “acquired” includes the acquisition by lease, sublease, licence, permit or agreement or in any other manner either with or without payment or other consideration;

 

                (b)    “convey title” includes conveyance by lease, sublease, licence, permit or agreement either with or without payment or other consideration;

 

                (c)    “development agreement” means an agreement with a private sector developer pursuant to which the private sector developer, its successors or assigns, agrees to design, finance, plan, engineer, procure, construct, furnish, equip, commission, own or lease any real or personal property for the purposes of a learning centre;

 

                (d)    “learning centre” means a learning centre

 

                         (i)     constructed, commissioned or equipped or to be constructed, commissioned or equipped pursuant to a development agreement, or

 

                         (ii)    managed, operated or maintained pursuant to a service agreement,

 

and includes the land on which the learning centre is situate;

 

                (e)    “private sector developer” means a person or association of persons, including but not limited to a joint venture or limited partnership, other than the Province or a school board;

 

                (f)     “school property” includes a learning centre;

 

                (g)    “service agreement” means an agreement with a private sector developer pursuant to which the private sector developer, its successors or assigns, agrees to manage, operate, maintain, repair or keep safe any real or personal property for the purposes of a learning centre.

 

       (2)    The Minister may, with the approval of the Governor in Council, enter into and carry out a development agreement or a service agreement.

 

       (3)    Where the Minister enters into a development agreement or a service agreement, a school board may, upon terms and conditions consistent with the terms and conditions of the development agreement or the service agreement,

 

                (a)    acquire all or part of any real or personal property of the learning centre for the purposes of a public school or community facility;

 

                (b)    enter into and carry out an agreement with the Minister, a private sector developer or a municipality respecting the use, control, management, operation, maintenance, repair or keeping safe of all or any part of any real or personal property of the learning centre acquired for the purposes of a public school or community facility.

 

       (4)    Where a school board acquires property or enters into an agreement pursuant to clauses (3)(a) or (b),

 

                (a)    the school board shall control the property in accordance with the terms of the acquisition and the agreement with the Minister; and

 

                (b)    a superintendent of the school board shall operate and maintain the buildings, equipment and supplies forming part of the property in accordance with the terms of the acquisition and the agreement with the Minister.

 

       (5)    Where a school board acquires property by licence from the Minister pursuant to clause (3)(a) or enters into an agreement with the Minister pursuant to clause (3)(b), the licence or agreement shall be in the form set out in Schedule “C” or to like effect and may contain such other terms and conditions as the Minister considers proper.

Section 60 added: O.I.C. 1999-483, N.S. Reg. 98/99.


Sections 61 and 62 repealed: O.I.C. 2004-283, N.S. Reg. 179/2004.


Composition and meetings of audit committees of certain regional school boards and the Conseil acadien

63   (1)    In this Section and Sections 64 and 65,

 

                (a)    “audit committee” means an audit committee established pursuant to Section 85A of the Act by a regional school board or by the Conseil acadien; and

Clause 63(1)(a) amended: O.I.C. 2004-283, N.S. Reg. 179/2004.

 

                (b)    “regional school board or Conseil acadien”, in relation to an audit committee, means the regional school board that established the audit committee, or the Conseil acadien, as the case may be.

 

       (2)    An audit committee must be composed of at least 3 members,

 

                (a)    none of whom are employed, or have been employed within 1 year before their appointment to the audit committee, by the regional school board or Conseil acadien; and

 

                (b)    all of whom are members of the regional school board or the Conseil acadien.

 

       (3)    Despite subsection (2), an audit committee may include 1 member who is not a member of the regional school board or Conseil acadien, if the regional school board or Conseil acadien determines that it is desirable to supplement the financial expertise of the other audit committee members.

 

       (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 regional school board or Conseil acadien.

Section 63 added: O.I.C. 2003-482, N.S. Reg. 198/2003.


Terms of reference of an audit committee

64   (1)    The purpose of an audit committee is to assist the regional school board or Conseil acadien to appropriately monitor and maintain internal controls over its operations.

 

       (2)    In fulfilling its purpose as set out in subsection (1), an audit committee must

 

                (a)    review 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 regional school board or Conseil acadien;

 

                (b)    review the management response to the annual report and any other report, findings or recommendations referred to in clause (a);

 

                (c)    monitor corrective and other actions taken by the regional school board or Conseil acadien in response to the annual report and any other report, findings or recommendations referred to in clause (a);

 

                (d)    review such other matters as directed by the regional school board or Conseil acadien or as the committee considers desirable; and

 

                (e)    report to the regional school board or Conseil acadien, at such times as the audit committee considers appropriate and at least once each fiscal year, including the findings and recommendations of the audit committee.

Section 64 added: O.I.C. 2003-482, N.S. Reg. 198/2003.


Information gathering and procedures of an audit committee

65   (1)    An audit committee must have free access at all times to the reports, records, documents, books, accounts and vouchers of the regional school board or Conseil acadien and is entitled to receive from officers and employees of the regional school board or Conseil acadien such information and explanations that in the opinion of the audit committee are necessary for the performance of the audit committee’s duties, and the officials and employees of the regional school board or Conseil acadien must promptly provide the required access, information or explanations.

 

       (2)    For the purpose of subsection (1), the Chief Financial Officer of a regional school board or the Conseil acadien must coordinate the provision of reports, records, documents, books, accounts and vouchers to an audit committee.

 

       (3)    An audit committee

 

                (a)    may, if the audit committee considers it appropriate; and

 

                (b)    must, if the auditors conducting the annual audit, or any other person conducting a review of the financial management and internal controls of the regional school board or Conseil acadien, request,

 

meet with the auditors or other person referred to in clause (b), without staff of the regional school board or Conseil acadien being present.

Section 65 added: O.I.C. 2003-482, N.S. Reg. 198/2003.


Section 66 added: O.I.C. 2003-482, N.S. Reg. 198/2003; repealed: O.I.C. 2004-283, N.S. Reg. 179/2004.


Definitions

67   In this Section and Sections 68 to 78C,

 

                (a)    “adaptations plan”, in respect of a student, means a documented plan for achieving the curriculum outcomes of the NS public-school program that accommodates the specific learning needs of the student;

 

                (b)    “designated special education private school” means a special education private school designated under Section 68 or continued under Section 69;

 

                (c)    “funded student” means a student for whom a funding unit has been granted under subsection 77C(1);

 

                (d)    “funded student’s school board” means the school board for the school region in which a parent of a funded student resides on September 30 in a school year

 

                (e)    “funding unit” means an amount of money;

 

                         (i)     calculated in accordance with Section 77D, and,

 

                         (ii)    payable for tuition fees for a school year at a designated special education private school or a registered special education private school;

 

                (f)     “individualized program plan”, in respect of a student for whom the curriculum outcomes of the NS public-school program are not applicable or attainable, means a documented plan for achieving annual and specific individualized outcomes instead of the curriculum outcomes of the NS public-school program that accommodates the learning strengths and challenges of the student;

 

                (g)    “NS public-school program” means the public-school program of education for the Province prescribed by the Ministerial Education Act Regulations made under the Act and defined as “school program” in the Act;

 

                (h)    “extra-Provincial private educational institution” means an educational institution that is located outside of the Province and is not publicly funded;

 

                (i)     “registered special education private school” means a special education private school registered under Section 73;

 

                (j)     “resident” means a person who resides in the Province as a Canadian citizen or permanent resident as defined by the Immigration and Refugee Protection Act (Canada);

 

                (k)    “Reviewer” means the Reviewer appointed under Section 77 for the purpose of reviewing applications for funding units or supplements under these regulations;

 

                (l)     “student with special needs” means a student with attention deficit hyperactivity disorder (ADHD), autism spectrum disorder (ASD) or a learning disability (LD), as diagnosed by 1 of the following:

 

                         (i)     a licensed physician, or

 

                         (ii)    a registered psychologist or candidate registered psychologist, with expertise and training in making the diagnosis;

 

                (m)   “special education private school” means a private school or extra-Provincial private educational institution that offers and delivers educational programs and services to meet the needs of students with special needs only, and includes a natural person, an association of natural persons, a partnership or a corporation;

 

                (n)    “supplement” means an amount of money, calculated in accordance with Section 77G, that is payable in addition to a funding unit for tuition fees for a school year at a designated special education private school or a registered special education private school;

 

                (o)    “transition plan”, in respect of a student, means a documented plan for achieving annual and specific individualized outcomes to enable the student to transition from a designated special education private school or a registered special education private school to a public school or post-secondary educational institution, that accommodates the learning needs of the student;

 

                (p)    “Tuition Appeal Board” means the Tuition Appeal Board appointed under subsection 78(1) to hear appeals of decisions in accordance with Section 78A;

 

                (q)    “tuition support funding” means either

 

                         (i)     a funding unit, or

 

                         (ii)    a funding unit and a supplement.

Section 67 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Application for designation as designated special education private school

68   (1)    A private school that is a special education private school that has been in operation for at least 1 year may apply to the Minister, in the manner and form required by the Minister, for designation or renewal of its designation as a designated special education private school.

 

       (2)    The Minister may designate a private school that applies under subsection (1) as a designated special education private school if the Minister is satisfied that the school meets all of the following requirements:

 

                (a)    each individual employed on the school’s teaching staff

 

                         (i)     holds a teacher’s certificate issued by the Minister, and

 

                         (ii)    has demonstrated qualifications or competencies to teach students with special needs;

 

                (b)    the school follows the NS public-school program;

 

                (c)    the school has rules and procedures in place for disciplining, suspending and expelling students that incorporate the principles of natural justice and procedural fairness and accord with the policies and procedures made by the Minister;

 

                (d)    the school is not insolvent, as defined in subsection (3);

 

                (e)    the school maintains the financial security required by the Minister, including a fidelity bond;

 

                (f)     the school maintains a general liability insurance policy or other form of indemnification in an amount determined by the Minister and on the terms and conditions determined by the Minister;

 

                (g)    the school has measures in place, similar to those followed by school boards, to ensure the safety of students and protect the students from harm from its employees or other students;

 

                (h)    the school is not affiliated with a religious faith or denomination, and is either

 

                         (i)     recognized as a non-profit organization under the Income Tax Act (Canada), or

 

                         (ii)    registered as a charitable organization under the Income Tax Act (Canada).

 

       (3)    In clause (2)(d), “insolvent” means any of the following:

 

                (a)    unable, for any reason, to meet financial obligations as they become due;

 

                (b)    unable to pay financial liabilities in the course of business as those liabilities become due;

 

                (c)    unable to meet financial obligations due and accruing because the aggregate of its property

 

                         (i)     is not, at a fair value, sufficient to pay all the financial obligations that are due or accruing, or

 

                         (ii)    if disposed of at a fairly conducted sale, would not be sufficient to pay all the financial obligations that are due and accruing.

 

        (4)     A designation made under this Section is valid for 2 years unless suspended or revoked under Section 71.

Section 68 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Continuation of designations made before August 15, 2011

69   A private school designated as a designated special education private school under these regulations on or before August 15, 2011, is deemed to be designated in accordance with Section 68 and the designation remains valid until the expiry date of the designation unless suspended or revoked under Section 71.

Section 69 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Refusal of designation

70   The Minister may refuse to designate or renew the designation of a private school that applies under clause 68(1) for any of the following reasons:


 

                (a)    the information supplied in the application is incomplete;;

 

                (b)    in the Minister’s opinion, the school does not meet the requirements of subsection 68(2).

Section 70 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Suspension or revocation of designation

71   The Minister may suspend or revoke a designation of a designated special education private school if, in the Minister’s opinion, the school fails to meet the requirements of Section 72.

Section 71 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Ongoing obligations and monitoring of designated school

72   (1)    A private school designated as a designated special education private school must continue to meet the requirements in subsection 68(2) and do all of the following:

 

                (a)    at the request of the Minister, provide proof of the school’s compliance with subsection 68(2);

 

                (b)    report annually to the Minister on the types of interventions and instructional strategies that the school uses to meet the needs of funded students enrolled at the school;

 

                (c)    for each funded student enrolled at the school during a school year,

 

                         (i)     develop and implement an individualized program plan or an adaptations plan for the school year,

 

                         (ii)    at the end of the school year, provide the Minister with a copy of an annual report for the school year, as set out in subsection (2),

 

                         (iii)   meet with the funded student’s school board at least 2 times during the school year to explain and share documented evidence of the funded student’s progress and achievements,

 

                         (iv)   conduct provincial assessments and examinations at the request of the Minister;

 

                (d)    develop a transition plan with the funded student’s school board for each funded student who intends to

 

                         (i)     return to a public school or a publicly funded school the following school year, or

                         (ii)    pursue post-secondary studies the following school year.

 

       (2)    The annual report required by clause (1)(c)(ii) must include all of the following for the funded student:

 

                (a)    a record of academic progress for the school year;

 

                (b)    an attendance record for the school year;

 

                (c)    an individualized program plan or an adaptations plan for the school year.

Section 72 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Application for registration as registered special education private school

73   (1)    An extra-Provincial private educational institution that is a special education private school that has been in operation for at least 1 year may apply to the Minister, in the manner and form determined by the Minister, for registration or renewal of its registration as a registered special education private school.

 

       (2)    The Minister may register an extra-Provincial private educational institution that applies under subsection (1) if the Minister is satisfied that the school meets the requirements of clauses 68(2)(a) to (h) and all of the following requirements:

 

                (a)    each individual employed on the school’s teaching staff

 

                         (i)     holds a teacher’s certificate from the teacher certification authority of the jurisdiction where the extra-Provincial private educational institution is located, and

 

                         (ii)    has demonstrated qualifications or competencies to teach students with special needs.

 

                (b)    the school follows the equivalent of the NS public-school program;

 

                (c)    the school offers French-first-language programs and services for students with special needs.

 

       (3)    A registration made under this Section is valid for 2 years unless suspended or revoked under Section 75.

 

       (4)    For an application made under subsection (1) before September 1, 2011, the Minister may waive any of the requirements in subsection (2) if the Minister considers it appropriate in the circumstances.

Section 73 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Refusal of registration

74   The Minister may refuse to register or renew the registration of an extra-Provincial private educational institution that applies under Section 73 for any of the following reasons:

 

                (a)    the information supplied in the application is incomplete;

 

                (b)    in the Minister’s opinion, the applicant does not meet the requirements of subsection 73(2).

Section 74 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Suspension or revocation of registration

75   The Minister may suspend or revoke a registration made under Section 73 if, in the opinion of the Minister, the registered school fails to meet the requirements of Section 76.

Section 75 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Ongoing obligations and monitoring of registered school

76   A registered special education private school must continue to meet the requirements in subsection 73(2) and do all of the following:

 

                (a)    at the request of the Minister, provide proof of the school’s compliance with subsection 73(2);

 

                (b)    comply with the ongoing requirements for a designated school in subsection 72(1).

Section 76 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Reviewer

77   (1)    The Minister must appoint a person who has recognized professional qualifications and experience in working with students with special needs to serve as the Reviewer.

 

       (2)    The Reviewer holds office for 2 years and may not be reappointed.

 

       (3)    The Reviewer may be paid any remuneration and reimbursement of expenses that the Governor in Council determines.

 

       (4)    The Reviewer must issue an annual report and provide a copy of the report to the Minister.

 

       (5)    If the person appointed as Reviewer resigns office or retires, or if their term of office expires or is terminated, that person maintains jurisdiction as Reviewer over any application, matter or thing required to be determined by the Reviewer, including the power to complete any unfinished matter and give a decision in that matter as if the Reviewer had not resigned or retired or their term of office had not expired or been terminated.

Section 77 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 201-342, N.S. Reg. 272/2011.


Eligibility for applying for funding unit

77A(1)    A student is eligible to apply for a funding unit for a school year at a designated special education private school if all of the following criteria are met:

 

                (a)    the student is a student with special needs and has received or is offered an individualized program plan for the following school year;

 

                (b)    the student was a student at a publicly funded school during a previous school year;

 

                (c)    the student has secured a placement at the school any time during the school year for which the funding unit is sought;

 

                (d)    on the date of enrolment in the school,

 

                         (i)     the student is or will be a resident of the Province, and

 

                         (ii)    a parent of the student is or will be a resident of the Province.

 

       (2)    A student is eligible to apply for a funding unit for a school year at a registered special education private school if all of the following criteria are met:

 

                (a)    the student is a student with special needs and has received or is offered an individualized program plan for the following school year;

 

                (b)    the student was a student at a publicly supported school in Canada that offered French-first-language programs and services to the student during a previous school year;

 

                (c)    the student has secured a placement at the school any time during the school year for which the funding unit is sought;

 

                (d)    on the date the application is made, the student is a resident of the Province;

 

                (e)    the student is entitled to be provided a French-first-language program of the Conseil acadian under Section 12 of the Act.

Section 77A added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Application for funding unit

77B (1)    A student who meets the eligibility criteria for a funding unit set out in Section 77A may apply to the Reviewer for a funding unit on a form prescribed by the Minister.

 

       (2)    A completed application for a funding unit must be submitted no later than July 31 of the school year during which the student is enrolled at the designated special education private school or the registered special education private school and for which the funding unit is being sought and must include all of the following:

 

                (a)    documented evidence, in a form satisfactory to the Reviewer, that all the eligibility criteria for a funding unit set out in subsection 77A(1) or (2) are met;

 

                (b)    an outline of the programs and services being offered to the student by the designated special education private school or registered special education private school;

 

                (c)    a written rationale prepared by the student explaining how the programs and services referred to in clause (b) will benefit the student’s academic and behavioural well-being;

 

                (d)    for a student who has been diagnosed with a learning disability (LD), a psycho-educational assessment of the student completed by a registered psychologist or a candidate registered psychologist.

 

       (3)    A parent may apply under subsection (1) on behalf of a student under the age of majority.

Section 77B added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Review and grant of funding unit

77C(1)    On receiving an application for a student under Section 77B, the Reviewer may grant a funding unit for the student.

 

       (2)    If the Reviewer grants a funding unit under subsection (1), the Reviewer must notify all of the following:

 

                (a)    the funded student;

 

                (b)    the designated special education private school or the registered special education private school in which the funded student is enrolled;

 

                (c)    the funded student’s school board;

 

                (d)    the Minister.

 

       (3)    The Reviewer may refuse to grant a funding unit for any of the following reasons:

 

                (a)    in the Reviewer’s opinion, all the applicable eligibility criteria for a funding unit set out in subsection 77A(1) or (2) are not met;

 

                (b)    the information required by Section 77B is incomplete;

 

                (c)    the Reviewer does not consider the programs and services outlined under clause 77B(2)(b) to be acceptable;

 

                (d)    the Reviewer does not consider the rationale prepared under clause 77B(2)(c) to be acceptable.

 

       (4)    If the Reviewer refuses to grant a funding unit under subsection (3), the Reviewer must notify the applicant in writing and include the reasons for the refusal.

Section 77C added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Calculation of funding unit

77DA funding unit is calculated as the average per student allocation of combined Provincial and municipal funding to school boards for the school year as of March 31 of the previous fiscal year, as determined by the Minister.

Section 77D added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Application for supplement

77E (1)    A funded student may apply to the Reviewer for a supplement for the same school year that their funding unit applies to, on a form prescribed by the Minister.

 

       (2)    A completed application for a supplement must be submitted to the Reviewer by no later than July 31 of the school year during which the student is enrolled at the designated special education private school or the registered special education private school and for which the funding unit is being sought and must include sufficient information to satisfy the Reviewer that additional financial assistance is required, taking into account all the financial resources available to the funded student.

 

       (3)    A parent may make an application under subsection (1) on behalf of a student under the age of majority.

Section 77E added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Review and grant of supplement

77F (1)    On receiving an application for a student under Section 77E, the Reviewer may grant a supplement for the student.

 

       (2)    If the Reviewer grants a supplement, the Reviewer must notify all of the following:

 

                (a)    the funded student;

 

                (b)    the designated special education private school or the registered special education private school in which the funded student is enrolled;

 

                (c)    the Minister.

 

       (3)    The Reviewer may refuse to grant a supplement for any of the following reasons:

 

                (a)    the information required by subsection 77E(2) is incomplete;

 

                (b)    in accordance with guidelines established by the Minister, the Reviewer does not consider that the funded student requires financial assistance in addition to a funding unit.

 

       (4)    If the Reviewer refuse[s] to grant a supplement under subsection (3), the Reviewer must notify the applicant in writing and include the reasons for the refusal.

Section 77F added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Calculation of supplement

77GThe Reviewer must calculate the amount of a supplement in accordance with guidelines established by the Minister, but a supplement must not exceed the lower of the following amounts:

 

                (a)    the amount of the funding unit granted to the funded student;

 

                (b)    90% of the tuition fees charged by the designated special education private school or registered special education private school in which the student is enrolled.

Section 77G added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Re-applying for tuition support funding

77HFor greater certainty, a funded student must re-apply for tuition support funding under these regulations for each year of funding availability under Section 77I.

Section 77H added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Maximum tuition support funding availability

77I  (1)    Except as provided in subsection (2) and Section 77J, tuition support funding is available for a maximum of 3 school years.

 

       (2)    The Reviewer may grant tuition support funding for a student who applies for a 4th year of tuition support funding if all of the following requirements are met:

 

                (a)    the student has been a funded student and meets the requirements for the tuition funding under these regulations;

 

                (b)    there is a transition plan in place for the student for the following school year developed by the funded student’s school board and the designated special education private school or the registered special education private school in which the student is enrolled.

Section 77I added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Tuition funding for 2010-11 school year

77J The Reviewer may grant tuition support funding to a student who applies for tuition support funding for the 2010-2011 school year if the student was a funded student for the 2009-2010 school year and continues to meet the requirements for the tuition support funding under these regulations.

Section 77J added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Remittance of tuition support funding

77K(1)    A designated special education private school or a registered special education private school in which a funded student is enrolled must provide confirmation of the funded student’s enrolment and the tuition support funding invoices to both of the following:

 

                (a)    the funded student’s school board;

 

                (b)    the Minister.

 

       (2)    The confirmation and invoices required by subsection (1) must be provided by the following deadlines:

 

                (a)    for a student who is enrolled on or before September 30 of a school year, by September 30 and March 1 of the school year;

 

                (b)    for a student who is enrolled after September 30 of a school year, no later than 30 days after the date of enrolment.

 

       (3)    On receiving the confirmation and invoices required by subsection (1), the funded student’s school board must remit the funding unit for the student to the school as follows:

 

                (a)    for a student who is enrolled in the school on or before September 30 of a school year, in the following 2 instalments:

 

                         (i)     60% of the funding unit must be remitted no later than October 30 of the school year to which it applies, and

 

                         (ii)    the remaining 40% of the funding unit must be remitted no later than April 1 of the school year to which it applies;

 

                (b)    for a student who is enrolled in the school after September 30 of a school year, in accordance with the directions of the Minister.

 

       (4)    On receiving the confirmation and invoices required by subsection (1), the Minister must remit the supplement for the student to the school.

Section 77K added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Appointments to Tuition Appeal Board

78   (1)    The Governor in Council must appoint a person who has recognized professional qualifications and experience in working with students with special needs to serve as the single adjudicator of the Tuition Appeal Board to hear appeals under Section 78A.

 

       (2)    A person appointed to the Tuition Appeal Board under subsection (1) holds office for 3 years and may not be reappointed.

 

       (3)    A person appointed to the Tuition Appeal Board may be paid any remuneration and reimbursement of expenses the Governor in Council determines.

 

       (4)    If a person appointed as the single adjudicator of the Tuition Appeal Board resigns office or retires, or if their term of office expires or is terminated, that person maintains jurisdiction as the Tuition Appeal Board over any application, matter or thing required to be determined by the Board, including the power to complete any unfinished matter and give a decision in that matter as if the person had not resigned or retired or their term of office had not expired or been terminated.

Section 78 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.


Decisions that may be appealed to the Tuition Appeal Board

78A(1)    A student may appeal any of the following decisions made by the Reviewer:

 

                (a)    a refusal to grant a funding unit under subsection 77C(3);

 

                (b)    a refusal to grant a supplement under subsection 77F(3);

 

                (c)    the amount of a supplement granted under 77E in accordance with Section 77G.

 

       (2)    A special education private school may appeal any of the following decisions made by the Minister:

 

                (a)    a refusal to designate or renew the designation of the school under Section 70;

 

                (b)    a suspension or revocation of the school’s designation under Section 71;

 

                (c)    a refusal to register or renew the registration of the school under Section 74;

 

                (d)    a suspension or revocation of the school’s registration under Section 75.

Section 78A added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Appealing a decision of the Reviewer

78B (1)    An appellant must deliver a notice of appeal in writing to the Tuition Appeal Board no later than 30 days after the date of the decision to be appealed.

 

       (2)    The Tuition Appeal Board must hold a hearing that provides the appellant with an opportunity to present evidence, including new information, and make representations.

 

       (3)    A hearing of an appeal under this Section is not open to the public.

 

       (4)    The Tuition Appeal Board must observe the confidentiality of all documents and records pertaining to an appeal.

 

       (5)    The Tuition Appeal Board may do any of the following in deciding an appeal:

 

                (a)    confirm the decision appealed from;

 

                (b)    vary the decision appealed from;

 

                (c)    rescind the decision appealed from.

Section 78B added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Decisions of the Tuition Appeal Board

78C(1)    A decision of the Tuition Appeal Board must be in writing and must include reasons for the decision.

 

       (2)    A decision of the Tuition Appeal Board is final and binding.

 

       (3)    The Tuition Appeal Board must notify all of the following of any decision:

 

                (a)    the appellant;

 

                (b)    the Reviewer;

 

                (c)    the Minister;

 

                (d)    for a student’s successful appeal of a decision referred to in clause 78A(1)(a), the funded student’s school board.

Section 78C added: O.I.C. 2011-342, N.S. Reg. 272/2011.


Allocation of employees of Southwest Regional School Board

79   (1)    Subject to subsection (2), for the purposes of clause 8(f) of the Act and Section 10B of the Act, employees of the Southwest Regional School Board who were employed by the Board on July 31, 2004, and whose place of employment was located in the school district of

 

                (a)    the South Shore District School Board are allocated to the South Shore Regional School Board; and

 

                (b)    the Tri-County District School Board are allocated to the Tri-County Regional School Board.

 

       (2)    For the purposes of clause 8(f) of the Act and Section 10B of the Act, employees of the Southwest Regional School Board who were employed by the Board on July 31, 2004,

 

                (a)    in the financial services department of the Board are allocated to the South Shore Regional School Board; and

 

                (b)    in the human resources services department of the Board, including the technology function of the Board, are allocated to the Tri-County Regional School Board.

Section 79 added: O.I.C. 2004-283, N.S. Reg. 179/2004.


Allocation of assets and liabilities of Southwest Regional School Board

80   (1)    Subject to subsections (3) and (4), for the purposes of clause 8(c) of the Act and Section 10B of the Act, assets of the Southwest Regional School Board that, on July 31, 2004,

 

                (a)    were physically located in the school district of

 

                         (i)     the South Shore District School Board are allocated to the South Shore Regional School Board, and

 

                         (ii)    the Tri-County District School Board are allocated to the Tri-County Regional School Board;

 

                (b)    were physically located in a school district of a district school board referred to in clause (a) but, in the opinion of the Minister, were held in part or whole in the beneficial interest of the other board, are allocated proportionally to the successor regional school boards of the district school boards, based on the beneficial interest of each district school board; and

 

                (c)    were not physically located in only one of the school districts referred to in clause (a) or, did not have a physical location, such as in the case of trusts, and that, in the opinion of the Minister, were held wholly in respect of the matters within

 

                         (i)     the South Shore District School Board are allocated to the South Shore Regional School Board, and

 

                         (ii)    the Tri-County District School Board are allocated to the Tri-County Regional School Board.

 

       (2)    Subject to subsections (3) and (4), for the purpose of clause 8(c) of the Act and Section 10B of the Act, the liabilities of the Southwest Regional School Board on July 31, 2004, that were, in the opinion of the Minister, wholly in respect of

 

                (a)    the South Shore District School Board are allocated to the South Shore Regional School Board; and

 

                (b)    the Tri-County District School Board are allocated to the Tri-County Regional School Board.

 

       (3)    For greater certainty, all benefits and entitlements of the employees referred to in Section 79 are allocated to the South Shore Regional School Board and the Tri-County Regional School Board, in accordance with the allocation of employees under Section 79.

 

       (4)    For the purpose of clause 8(c) of the Act and Section 10B of the Act, any assets and liabilities of the Southwest Regional School Board on July 31, 2004, that directly supported the departments referred to in subsection 79(2) are allocated jointly to the South Shore Regional School Board and the Tri-County Regional School Board.

 

       (5)    For the purpose of clause 8(c) of the Act and Section 10B of the Act, any assets or liabilities of the Southwest Regional School Board on July 31, 2004, that are not allocated under subsection (1), (2) or (4) are allocated proportionally to the successor regional school boards of the district school boards, based on the ratio of the funded enrolment of each district school board to the combined funded enrolment of both district school boards as of September 30, 2003.

Section 80 added: O.I.C. 2004-283, N.S. Reg. 179/2004.


Allocation of Provincial funding allocation of the Southwest Regional School Board

81   (1)    Subject to subsections (2) and (3), for the purpose of Section 10B of the Act, the Provincial funding allocation of the Southwest Regional School Board for the balance of the 2004-2005 fiscal year commencing August 1, 2004, is allocated as between the successor regional school boards as follows:

 

                (a)    $34 649 000 is allocated to the South Shore Regional School Board; and

 

                (b)    $32 446 000 is allocated to the Tri-County Regional School Board.

 

       (2)    The allocation to a successor regional school board determined by subsection (1) must be increased or decreased based on the amount of any surplus or deficit of the Provincial funding allocation arising at the dissolution of the Southwest Regional School Board, and the increase or decrease must be in an amount that represents the successor board’s share of the surplus or deficit based on the ratio of the funded enrolment of the successor board’s predecessor district board to the combined funded enrolment of both predecessor district boards as of September 30, 2003.

 

       (3)    For greater certainty, the funding allocations determined by subsection (1) are subject to any increase or decrease of the Provincial funding allocations to school boards.

Section 81 added: O.I.C. 2004-283, N.S. Reg. 179/2004.


Ending division of Strait Regional School Board

82   The school district described in clause 61(3)(a) and the Strait District School Board established under clause 61(3)(b), as those clauses existed before August 1, 2004, are designated as a school district and a district school board for the purpose of Section 10F of the Act.

Section 82 added: O.I.C. 2004-283, N.S. Reg. 179/2004.


Boards designated to share services and related resources

83   (1)    For the purposes of subsection (2) and Sections 84 and 85, “services and related resources” means the services of the financial services department and human resources services department, including the technology function of the board, of a school board designated under subsection (2) and the resources used to provide the services.

 

       (2)    The South Shore Regional School Board and the Tri-County Regional School Board are designated for the purpose of subsection 64(5) of the Act and must share services and related resources in accordance with Sections 84 and 85.

Section 83 added: O.I.C. 2004-283, N.S. Reg. 179/2004.


Manner and terms and conditions of sharing services and related resources

84   (1)    In this Section and Section 85,

 

                (a)    “sharing agreement” means an agreement made by the sharing boards in accordance with this Section under which the boards share services and related resources;

 

                (b)    “sharing boards” means the South Shore Regional School Board and the Tri-County Regional School Board;

 

                (c)    “shared services employee” means an employee of a sharing board who is assigned responsibility in respect of shared services and resources.

 

       (2)    For greater certainty, each sharing board continues to be accountable to the Minister and have the duties of a school board under Section 64 of the Act and other provisions of the Act and regulations that apply to school boards.

 

       (3)    The sharing boards must share services and related resources as between themselves in accordance with a sharing agreement.

 

       (4)    A sharing agreement must

 

                (a)    provide for the organization and apportionment of shared services and related resources;

 

                (b)    include a dispute resolution mechanism, with timely procedural steps, including as a final step the decision of the Deputy Minister of Education;

 

                (c)    provide for the preparation by the Management Committee established under subsection 85(1) and approval by the sharing boards of a budget for shared services and related resources; and

 

                (d)    prescribe standards of delivery of shared services and related resources.

 

       (5)    For greater certainty, a shared services employee continues to be subject to the control and supervision of the sharing board that employs them, including policies, rules and procedures.

 

       (6)    For greater certainty, the assignment of responsibility to an employee in respect of shared services and related resources does not alter the responsibility of the Management Committee to carry out its responsibilities under subsection 85(4).

 

       (7)    The sharing boards must apportion as between them the costs of providing shared services and related resources proportionally, based on the ratio of the funded enrolment of each board to the combined funded enrolment of both boards as of September 30 the preceding fiscal year, and if the sharing boards cannot agree on the apportionment of the costs, the Minister must determine each sharing board’s share.

Section 84 added: O.I.C. 2004-283, N.S. Reg. 179/2004.


Management Committee for shared services and related resources

85   (1)    The sharing boards must establish a Management Committee, the membership of which is composed of the Chair, or the Chair’s designate, and the superintendent, or the superintendent’s designate, of each sharing board.

 

       (2)    The quorum of the Management Committee is all 4 members.

 

       (3)    The Management Committee must meet at least quarterly.

 

       (4)    The Management Committee has general oversight, leadership and management of the services and related resources shared under a sharing agreement, and must

 

                (a)    apportion the shared services and related resources as between the sharing boards, within its approved budget;

 

                (b)    advise the sharing boards on the distinction between the governance and staff functions, including advising on policies for that purpose;

 

                (c)    monitor the delivery of shared services and related resources, measured against standards in the sharing agreement, and provide direction to directors of shared services employees;

 

                (d)    prepare an annual report on shared services and related resources, including consideration of the sharing boards’ annual evaluations of the delivery of shared services and related resources, and propose service delivery goals and plans to the sharing boards;

 

                (e)    recommend changes to the sharing agreement for consideration by both sharing boards; and

 

                (f)     establish rules of procedure to carry out its responsibilities,

 

and carry out additional duties as prescribed by the sharing boards.

 

       (5)    Each member of the Management Committee must liaise with the sharing board that the member represents.

 

       (6)    A sharing board must

 

                (a)    identify board requirements for shared services and related resources, including standards, and establish related policies;

 

                (b)    at least annually, evaluate the delivery of shared services and related resources under a sharing agreement, measured against standards in the sharing agreement, recommend changes to how services and related resources are shared, and provide a report to the Management Committee; and

 

                (c)    ensure that the superintendent of each sharing board that employs a shared services employee conducts a performance appraisal of its directors of shared services, including goal-setting that aligns with the service delivery plan, and in making recommendations relating to the appraisals, consults with the superintendent of the other sharing board.

Section 85 added: O.I.C. 2004-283, N.S. Reg. 179/2004.


Definition of “commercial activity”

86   For the purpose of Section 64A of the Act, “commercial activity” of a school board 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 school board.

Section 86 added: O.I.C. 2004-334, N.S. Reg. 195/2004.


Schedule “A” replaced: O.I.C. 1999-270, N.S. Reg. 59/99; repealed: O.I.C. 2013-82, N.S. Reg. 60/2013.





Schedule “B”

Declaration of an entitled parent wishing to register a child for French-first-language

Program instruction from the Conseil Acadien


Child

Name:

Present School:

Address:

Requested School:

 


Date of Birth:

Present Grade:  


Requested Grade:

Parents

Father’s Name:

Address:

Telephone:


Mother’s Name:

Address:

Telephone:




Work

Home



Work

Home

 


Please provide the following information. This information will be used to determine whether you are an entitled parent under the Education 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 program, or                                                 YES  NO

 

       (c)    One of my children has received or is receiving primary

or secondary school instruction in Canada in a

                 French-first-language 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:


I request that the Conseil acadien provide the above-named child with instruction in a French-first-language 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 acadien requests, to establish that my child is entitled to attend a French-first-language program provided by the Conseil acadien.


Signature of Parent:

Name of Parent (in printed letters): 

Date:


(This form is available in French and English)


 ________________________________________________________________ 

Schedule “C”


THIS AGREEMENT made the day of , .


BETWEEN

 

                HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NOVA SCOTIA represented in this behalf by the Minister of Education, hereinafter called “the Licensor”,

OF THE FIRST PART


- and -

SCHOOL BOARD

hereinafter called “the Licensee”,

OF THE SECOND PART


WITNESSETH that in consideration of the sum of $1.00 paid by the Licensee to the Licensor, receipt whereof is hereby acknowledged, the Licensor grants to the Licensee a licence to use, manage, operate, maintain, repair and keep safe the real and personal property of the learning centre defined in the service agreement made the day of , between

                                                                                 and Her Majesty the Queen in right of the Province of Nova Scotia as represented by the Minister of Education, a copy of which is attached hereto as Schedule “A” and that is hereinafter referred to as the “Service Agreement”.


The use, management, operation, maintenance, repair and keeping safe of the learning centre by the Licensee shall coincide with the Licensor’s rights and responsibilities under the Service Agreement that are hereinafter delegated by the Licensor to the Licensee and shall be otherwise subject to and in accordance with the provisions of the Service Agreement.


The Licensor hereby delegates to the Licensee the following rights and responsibilities of the Licensor under the Service Agreement:








The term of this Agreement shall coincide with the term of the Service Agreement and any renewal thereof.


IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written.


SIGNED, SEALED AND DELIVERED

)

 

in the presence of

)

 

 

)

HER MAJESTY THE QUEEN IN RIGHT OF

 

)

THE PROVINCE OF NOVA SCOTIA

 

)

represented in this behalf by the Minister of

 

)

)

)

Education

 

)

MINISTER OF EDUCATION

 

)

)

)

)

)



SCHOOL BOARD

 

)

Per:

 

 

)

Per:

 


Schedule “C” added: O.I.C. 1999-483, N.S. Reg. 98/99.