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Ministerial Education Act Regulations

made under Section 97 of the

Education Act

S.N.S. 2018, c. 1, Schedule A

N.S. Reg. 59/2018 (effective April 1, 2018)

amended to N.S. Reg. 186/2018 (effective October 22, 2018)



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

 

Citation

Definitions

Public School Program

Required instruction and courses—grades primary to 6

Required instruction and courses—grades 7 to 9

Required instruction and courses—grades 10 to 12

Required instruction and courses—high school level

Required programming and services for students with special needs

Optional courses, programs and services

French programs

Descriptions of course material published

School year

Christmas vacation

Spring vacation

Hours of teaching defined

Minimum hours of teaching

Primary grade hours of teaching

Maximum hours of teaching directed

Dismissing classes for health and safety of students

Closing school for school day

Hours of teaching directed for certain classes

School travel programs

Administration of evaluation and assessment programs

Placement of students by regional centres

Policy for review of student’s progress

Nova Scotia School Book Bureau

Books provided to educational entities by Book Bureau

Sale of books by Book Bureau

Return of books and materials to Book Bureau

Replacement of defective new books by Book Bureau

Council on Mi’kmaq Education

Definition of “Council”

Council membership

Members’ terms of office

Quorum for meeting of Council

Replacement of Council member

Council to establish own rules

Additional duties of Council

Council recommendations for appointments

Council on African-Canadian Education

Definitions for Sections 39 to 46

Council membership

Members’ terms of office

Quorum for meeting of Council

Replacement of Council member

Council to establish own rules

Additional duties of Council

Council recommendations for appointments

Reports on Division to Council

Appeal Process—Individualized Program Plan for Student with Special Needs

Definition for Sections 48 to 55

Request for appeal

Establishing board of appeal

Scheduling hearing of appeal

Hearing not open to public

Conducting hearing

Actions of board of appeal on completion of hearing

Decision of board of appeal

Order of board of appeal is final

Senior Staff of Regional Centres

Definitions of senior staff of regional centres

Administrative structure for senior staff of regional centres and related requirements

Departments within administrative structure

Conflict of Interest Policy

Definitions for Sections 61 to 67

Duties of regional executive director

Communication of policy

Disagreement about compliance referred to regional executive director

Confidentiality of information

Non-compliance with conflict of interest policy

Principles of conflict of interest policy

Mandatory requirements for conflict of interest policy

School Advisory Councils

Interpretation for Sections 69 to 75

Establishing school advisory council

School advisory council agreements

Composition of school advisory council

School advisory council established to replace predecessor under former Act

Newly established school advisory council

Vacancy on school advisory council

Duties of school advisory council


 

Citation

1     These regulations may be cited as the Ministerial Education Act Regulations.


Definitions

2     In these regulations,

 

“Act” means the Education Act;

 

“Book Bureau” means the Nova Scotia Book Bureau described in Section 25;

 

“Christmas vacation” means the vacation described in Section 12;

 

“school day” means any day other than Saturday, Sunday or a school holiday;

 

“school holiday” means any of the following:

 

                         (i)     Nova Scotia Heritage Day,

 

                         (ii)    Good Friday,

 

                         (iii)   Easter Monday,

 

                         (iv)   Victoria Day,

 

                         (v)    Labour Day,

 

                         (vi)   Thanksgiving Day,

 

                         (vii)  Remembrance Day,

 

                         (viii) any day during the Christmas vacation,

 

                         (ix)   any day during the spring vacation;

 

“spring vacation means the vacation described in Section 13;

 

“student with special needs” means a student who meets all of the following criteria:

 

                         (i)     they are identified by a regional centre as requiring additional program planning in the learning process to meet the student’s needs,

 

                         (ii)    they are enrolled in and receiving an education program provided by a regional centre for which the Program Planning Process has been initiated and followed in accordance with the Nova Scotia Special Education Policy.


Public School Program


Required instruction and courses—grades primary to 6

3     Each education entity must provide, as part of the public school program, in each school under its jurisdiction, instruction in the courses prescribed by the Minister in all of the following for grades primary to 6, inclusive:

 

                (a)    language arts;

 

                (b)    health;

 

                (c)    science;

 

                (d)    mathematics;

 

                (e)    social studies;

 

                (f)    physical education;

 

                (g)    music;

 

                (h)    art;

 

                (i)     1 of the following:

 

                         (i)     for students served by the education entities other than the Conseil scolaire acadien provincial, core French, beginning at grade 4,

 

                         (ii)    for students served by the Conseil scolaire acadien provincial, English language arts, beginning at grade 3.


Required instruction and courses—grades 7 to 9

4     Each education entity must provide, as part of the public school program, in each school under its jurisdiction, instruction in the courses prescribed by the Minister in all of the following subjects for grades 7 to 9, inclusive:

 

                (a)    English;

 

                (b)    French;

 

                (c)    personal development and relationships;

 

                (d)    science;

 

                (e)    mathematics;

 

                (f)    social studies;

 

                (g)    physical education;

 

                (h)    2 of the following:

 

                         (i)     industrial arts technology,

 

                         (ii)    family studies,

 

                         (iii)   fine arts.


Required instruction and courses—grades 10 to 12

5     (1)    Each education entity must provide, as part of the public school program, in each school under its jurisdiction, instruction in the courses prescribed by the Minister in all of the following subjects for grades 10 to 12, inclusive:

 

                (a)    English;

 

                (b)    French;

 

                (c)    sciences;

 

                (d)    social studies;

 

                (e)    mathematics;

 

                (f)    physical education;

 

                (g)    technology.

 

       (2)    Each education entity must provide, as part of the public school program, but not necessarily in every school under its jurisdiction, instruction in the courses prescribed by the Minister in all of the following subjects in grades 10 to 12, inclusive:

 

                (a)    music;

 

                (b)    art;

 

                (c)    family studies;

 

                (d)    entrepreneurship;

 

                (e)    business education;

 

                (f)    industrial arts technology.


Required instruction and courses—high school level

6     Each education entity must provide, as part of the public school program, in each school under its jurisdiction, instruction in all of the following at the high school level:

 

                (a)    Career and Life Management;

 

                (b)    Physically Active Lifestyles;

 

                (c)    any other course required by the Minister.


Required programming and services for students with special needs

7     Each education entity must provide, as part of the public school program, in each school under its jurisdiction, programming and services for students with special needs.


Optional courses, programs and services

8     Each education entity may provide, as part of the public school program, any of the following:

 

                (a)    comprehensive guidance programs and services;

 

                (b)    school library programs and services;

 

                (c)    other courses and programs approved by the Minister.


French programs

9     Each regional centre may provide, as part of the public school program, any of the following programs:

 

                (a)    French immersion programs;

 

                (b)    extended core French programs.


Descriptions of course material published

10   The Minister may publish a description of the courses of study, textbooks and related material prescribed by the Minister for use in the public school program, and any administrative instructions and orders the Minister considers necessary for the effective use of the courses, textbooks and related material.


School year

11   (1)    The school year consists of 195 school days.

 

       (2)    Public schools must open each year no earlier than September 1 and no later than the Wednesday following Labour Day.

 

       (3)    Public schools must close each year no later than June 30.

 

       (4)    A classroom may not be in operation for more than 195 days in a school year, and a teacher may not teach or claim credit for more than 195 days in a school year.

 

       (5)    If the 195th school day in any school year falls on a Monday, an education entity may declare that the 195th school day be observed on the Saturday immediately before the Monday.


Christmas vacation

12   The Christmas vacation must begin no earlier than and end no later than dates fixed in each school year by the Minister, and must consist of all of the following:

                (a)    Christmas Day;

 

                (b)    New Year’s Day;

 

                (c)    no fewer than 5 and no more than 10 additional weekdays.


Spring vacation

13   The spring vacation must consist of 5 consecutive weekdays in March, or another month, on dates determined by the Minister.


Hours of teaching defined

14   For the purposes of the public school program,

 

“hours of teaching” means time during which students are under instruction or otherwise under control or supervision by a teacher, but does not include time spent by a teacher marking tests or examination papers for grading and classifying students when no students are present or under the teacher’s control.


Minimum hours of teaching

15   (1)    Except as otherwise provided in these regulations, there must be at least 5 hours of teaching in each classroom on each school day.

 

       (2)    For the purpose of calculating an instructional day under subsection (1), a regional centre

 

                (a)    may, except as provided under clause (b), include a recess of no more than 15 minutes for any class or classes on each school day;

 

                (b)    must not include recess for any high school class or classes.


Primary grade hours of teaching

16   (1)    A regional centre may direct that the total number of hours of teaching time scheduled in a school year for students in the primary grade is at least the product of 4 hours times the number of days in which teaching is scheduled for students in other grades in the school.

 

       (2)    The hours of teaching scheduled under subsection (1) must be provided on each school day and may be scheduled during any part of the time in which students in other grades are receiving instruction.


Maximum hours of teaching directed

17   A regional centre may direct that no more than 6 hours of teaching be provided on each school day in any classroom.


Dismissing classes for health and safety of students

18   (1)    If a regional centre is of the opinion that it is necessary for the health and safety of students for a class or classes of students under its jurisdiction to be dismissed, the regional centre may dismiss some or all of the classes in a school.

 

       (2)    If a class is dismissed under subsection (1) after school has been in session for 3 hours or more on a day, that day is deemed to be a school day for the class for the purposes of the Act and its regulations.

 

       (3)    If a class is dismissed under subsection (1) before school is in session for 3 hours on a day, that day is deemed not to be a school day for the class for the purposes of the Act and its regulations.


Closing school for school day

19   (1)    With the approval of the Minister, a regional executive director may order that a school be closed on a school day.

 

       (2)    When a classroom is not operated on a school day and the teacher cannot claim the day as a school day for the purpose of calculating service under the Governor in Council Education Act Regulations made under the Act, school may be taught, with the approval of the Minister, on any of the following days not regularly included in the school year:

 

                (a)    the days included in the spring vacation;

 

                (b)    no more than 3 Saturdays during a school year,


Hours of teaching directed for certain classes

20   A regional centre may direct that no more than 4 hours of teaching be provided on each school day for any of the following classes:

 

                (a)    class for students in grades 1 or 2;

 

                (b)    each class in which 2 classes are taught at different periods on the same day in 1 classroom.


School travel programs

21   (1)    A regional centre may, at its discretion, approve participation by its staff and students in school travel programs within the Province, within Canada or outside Canada, if all of the following conditions are met:

 

                (a)    a teacher or a student is only away from the school for 15 or fewer school days, unless a greater number of days is approved by the regional executive director in consultation with the Department;

 

                (b)    a parent of a participating student is informed of the purpose and nature of the school travel program and is given a detailed itinerary of the program;

 

                (c)    the parent of a participating student consents to their child’s participation;

 

                (d)    the regional centre is satisfied that the educational benefits of the program are equivalent to those that would be received by the students during the same period of time in the classroom setting.

 

       (2)    Any teacher who accompanies students on a school travel program approved under subsection (1) is considered to be performing their normal duties as a teacher during those days, and those days are reckoned as days taught.

 

       (3)    A student or teacher must not take part in more than 1 school travel program in any 1 school year without the express consent of the regional centre.


Administration of evaluation and assessment programs

22   A regional centre is responsible for causing the administration of evaluation and assessment programs required by the Minister and any evaluation and assessment programs established by the regional centre.


Placement of students by regional centres

23   (1)    Subject to subsection (2), a regional centre must determine the appropriate placement of students under its jurisdiction.

 

       (2)    In the case of the placement of a student with special needs, the obligation of a regional centre under subsection (1) is subject to all of the following:

 

                (a)    any appeal procedure established by the regional centre;

 

                (b)    any appeal made under clause 48(2)(c).


Policy for review of student’s progress

24   (1)    A regional centre may establish a policy setting out the terms and conditions under which a review of a student’s progress in the student’s school program, including academic performance, must be conducted.

 

       (2)    A policy established under subsection (1) must be consistent with any Provincial policy on the subject.


Nova Scotia School Book Bureau

25   The Nova Scotia School Book Bureau is a section of the Department responsible for the purchase, sale and distribution of school books and related teaching-learning materials.


Books provided to educational entities by Book Bureau

26   (1)    The Minister may assign credit with the Book Bureau to an education entity for each fiscal year, in an amount determined by the Minister.

 

       (2)    The Book Bureau must provide an education entity with textbooks and other teaching-learning materials prescribed by the Minister for use in grades primary to 12, inclusive, up to the education entity’s assigned credit with the Book Bureau in each fiscal year.

 

       (3)    Books provided by the Book Bureau to an education entity are the property of the education entity and are for the use of students enrolled in the school or schools under its jurisdiction.

 

       (4)    An education entity must not sell or rent any books or related material provided by the Book Bureau under this Section.


Sale of books by Book Bureau

27   (1)    The Book Bureau may sell books or other teaching-learning materials for grades primary to 12, inclusive, at the list price fixed by the Minister, plus shipping costs.

 

       (2)    The Book Bureau may restrict the sale of certain books and materials because of the amount available in inventory and quantity ordered.


Return of books and materials to Book Bureau

28   Books and materials purchased from the Book Bureau may not be returned for credit, exchange or refund except with the prior approval of the Book Bureau supervisor.


Replacement of defective new books by Book Bureau

29   Defective new books provided by the Book Bureau to an education entity under that entity’s annual assigned credit must be replaced by the Book Bureau upon return of the books to the Book Bureau.


Council on Mi’kmaq Education


Definition of “Council”

30   In Sections 31 to 37, “Council” means the Council on Mi’kmaq Education.


Council membership

31   The Council must consist of no more than 15 members appointed by the Minister, including all of the following members:

 

                (a)    at least 4, but no more than 6, persons recommended by First Nation organizations including all of the following:

 

                         (i)     the Native Council of Nova Scotia,

 

                         (ii)    the Union of Nova Scotia Indians,

 

                         (iii)   the Confederacy of Mainland Mi’kmaq,

 

                         (iv)   the Nova Scotia Native Women’s Association,

 

                         (v)    the Mi’kmaw Kina’matnewey;

 

                (b)    up to 7 regional Mi’kmaq representatives, each representing 1 or more of the school regions served by a regional centre, appointed after consultation with the Mi’kmaq community and the regional executive director of a regional centre;

 

                (c)    up to 3 members at large representing the Mi’kmaq community.


Members’ terms of office

32   The members of the Council hold office for the following terms:

 

                (a)    for members appointed under clauses 31(a) and (c), 3 years;

 

                (b)    for members appointed under clause 31(b), for the term specified in their appointment.


Quorum for meeting of Council

33   A majority of the total members of the Council constitutes a quorum.


Replacement of Council member

34   If a member of the Council dies, resigns or is unavailable, unable or unwilling to act, the Council must request that the Minister appoint a person to act for the unexpired term of that member.


Council to establish own rules

35   The Council may establish rules respecting its operations and administration.


Additional duties of Council

36   The following are the additional duties of the Council prescribed under clause 17(2)(c) of the Act:

 

                (a)    providing guidance to the Minister on the development, implementation, evaluation and funding of educational programs and services for Mi’kmaq students in the public school system;

 

                (b)    in respect of the public school program and Mi’kmaq students, advising the Minister on the development of appropriate curricula reflecting Mi’kmaq history, language, heritage, culture, traditions and contributions to society;

 

                (c)    in respect of the public school program and non-Indigenous students, advising the Minister on the development of appropriate curricula reflecting Mi’kmaq history, language, heritage, culture, traditions and contributions to society;

 

                (d)    in respect of the public school program, advising the Minister respecting the development of Mi’kmaq language arts courses for Mi’kmaq students and Mi’kmaq language arts courses for non-Indigenous students;

 

                (e)    advising the Minister respecting the adequacy of the information about the Mi’kmaq Nation and other First Nations found in existing curricula, and providing suggestions for change as needed;

 

                (f)    advising the Minister on how the programs and services of the Department are meeting the needs of Mi’kmaq students in the public schools and how they may be improved to better serve Mi’kmaq students;

 

                (g)    making recommendations to the Minister regarding cross-cultural issues, learning styles and assessment practices and how these may be supported in the public education system;

 

                (h)    recommending policies, initiatives and ideas to the Minister that foster the educational development of Mi’kmaq students and the advancement of Mi’kmaq education;

 

                (i)     making recommendations to the Minister respecting research on matters relevant to the education of Mi’kmaq students.


Council recommendations for appointments

37   The Council may recommend to the Minister of Labour and Advanced Education the names of persons to be considered for appointment to the following:

 

                (a)    the Board of Governors of the Nova Scotia Community College;

 

                (b)    the Nova Scotia Council on Higher Education.


Council on African-Canadian Education


Definitions for Sections 39 to 46

38   In Sections 39 to 46,

 

“Black Learners Advisory Committee (BLAC)” means the Committee on Education for Black Learners established in 1990 to investigate and report on the education of Black Nova Scotians, and to make recommendations for improvement in the provision of programs and services for Black learners;

 

“Council” means the Council on African-Canadian Education;

 

“Division” means the African Canadian Services Division of the Department;

 

“regional education committee” means the committee representing the African Nova Scotian community in each of the geographic regions listed in clause 39(1)(b) and charged with recommending council member candidates for consideration by the Minister.


Council membership

39   (1)    The Council must consist of no more than 17 members appointed by the Minister, including all of the following members:

 

                (a)    at least 4, but no more than 6, persons recommended by Provincial organizations of the African Nova Scotian community, including the African United Baptist Association, the Black Educators Association and the Black Cultural Society;

 

                (b)    1 person representing the African Nova Scotian community in each of the following geographic areas of the Province:

 

                         (i)     Antigonish-Guysborough,

 

                         (ii)    Cape Breton, composed of Richmond County, Inverness County, Victoria County and Cape Breton Regional Municipality,

 

                         (iii)   Northern Region, composed of the counties of Cumberland, Colchester and Pictou,

 

                         (iv)   Valley Region, composed of the counties of Kings, Hants and Annapolis,

 

                         (v)    Southwest Nova, composed of the counties of Lunenburg, Shelburne, Yarmouth and Digby, and the Region of Queens Municipality,

 

                         (vi)   Halifax, composed of the former City of Halifax, the former Town of Bedford and that area of the former County of Halifax that is on the former Halifax City side of the harbour,

 

                         (vii)  Dartmouth, composed of the former city of Dartmouth and the former County of Halifax on the former Dartmouth side of the harbour;

 

                (c)    at least 4, but no more than 6, members at large representing the African Nova Scotian community.

 

       (2)    Before appointments to the Council are made under clause (1)(b), the Minister must consider the names of persons recommended by the following:

 

                (a)    the regional education committees concerned with African Canadian education;

 

                (b)    the Council.


Members’ terms of office

40   (1)    A member of the Council is appointed for a term of 3 years.

 

       (2)    A member of the Council is eligible for re-appointment when their term of office expires.


Quorum for meeting of Council

41   A majority of the total number of members of the Council constitutes a quorum.


Replacement of Council member

42   If a member of the Council dies, resigns or is unavailable, unable or unwilling to act, the Council must request that the Minister appoint a person to act for the unexpired term of that member.


Council to establish own rules

43   The Council must establish rules respecting its operations and administration.


Additional duties of Council

44   The following are the additional duties of the Council prescribed under clause 19(2)(c) of the Act:

 

                (a)    in respect of the Black Learners Advisory Committee Final Report, providing guidance to the Minister on the development, implementation, evaluation and funding of educational programs and services for Black learners;

 

                (b)    advising the Minister how the programs and services of the Division are meeting the needs of Black learners, and how they may be improved to better serve Black learners;

 

                (c)    recommending policies, initiatives and ideas to the Minister that foster the educational development of Black learners and advance African Canadian education;

 

                (d)    soliciting the views of members of Black communities across the Province respecting the education of Black learners, and bringing matters of interest and concern to the attention of the Minister;

 

                (e)    making recommendations to the Minister in respect of research on matters relevant to Black learners;

 

                (f)    if possible, participating in education planning on committees and commissions related to African Canadian education;

 

                (g)    liaising with the Division in respect of its programs and services to Black learners;

 

                (h)    advising the Minister on the establishment, role and ongoing operations of an Afrocentric Learning Institute;

 

                (i)     supporting the regional educators program as a community-based resource and reviewing its activities on an annual basis with the Minister and the organization responsible for the program;

 

                (j)     advising the Minister on the Black Incentive Fund and making recommendations respecting other scholarships and initiatives to support Black learners.


Council recommendations for appointments

45   The Council must recommend to the Minister of Labour and Advanced Education the names of persons to be considered for appointment to the following:

 

                (a)    the Board of Governors of the Nova Scotia Community College;

 

                (b)    the Nova Scotia Council on Higher Education.


Reports on Division to Council

46   The Division must send the Council reports describing the activities and operations of the Division on a quarterly basis.


Appeal Process—Individualized Program Plan for Student with Special Needs


Definition for Sections 48 to 55

47   In Sections 48 to 55,

 

“board of appeal” means a board established by the Minister to conduct a hearing into a dispute specified in Section 48.


Request for appeal

48   (1)    If a dispute occurs between the parent of a student with special needs and the staff of a regional centre regarding an individualized program plan for the student, and the dispute is not resolved by the regional centre’s appeal process, the parent or regional centre may request, in writing, that the Minister establish a board of appeal to provide a ruling on the matter.

 

       (2)    On request under subsection (1), a board of appeal may be established only if the dispute concerns 1 of the following:

 

                (a)    a decision by a regional centre not to proceed with the development of an individualized program plan for a student with special needs;

 

                (b)    the proposed or existing individualized program plan outcomes for a student with special needs;

 

                (c)    the proposed or existing placement of a student with special needs in respect of the education programs provided by the regional centre.

 

       (3)    A request for a board of appeal ruling must be made no later than 30 days after the date of the decision, or the conclusion of the regional centre’s appeal process, whichever is later, in respect of the matter in dispute.


Establishing board of appeal

49   (1)    On receiving a request in accordance with Section 48, the Minister may, as soon as practicable, establish a board of appeal to hear the appeal.

 

       (2)    A board of appeal must consist of the 3 following members:

 

                (a)    1 member named by the regional executive director, who is not the regional executive director or an employee of the regional centre and who was not providing services to the regional centre at the time of, or at any time within the 3 years immediately before the date of, the request for the appeal;

 

                (b)    1 member named by the parent of the student with special needs involved in the matter, who is not a parent or relative of the student and who was not providing services to a parent of the student in respect of the student at the time of, or at any time within the 3 years before the date of, the request for the appeal;

 

                (c)    1 member named by the Minister, who is not an employee of the Minister or the Province.

 

       (3)    The chair of a board of appeal is the member named by the Minister.


Scheduling hearing of appeal

50   (1)    The chair of a board of appeal must fix a time and place for the hearing of an appeal.

 

       (2)    The chair of a board of appeal may determine the duration of a hearing.

 

       (3)    The chair of a board of appeal may request any of the following in advance of a hearing:

 

                (a)    records and documentation that are to be submitted at the hearing;

 

                (b)    the names of persons whom the parties wish to attend in support of either of the parties.


Hearing not open to public

51   A hearing of a board of appeal is not open to the public and no person is permitted to be present other than the parties, their counsel and any other persons the chair of the board may require or permit to be present.


Conducting hearing

52   (1)    The parties may be represented at a hearing of a board of appeal by counsel or any other person permitted at the hearing under Section 51.

 

       (2)    A board of appeal must observe the confidentiality of all documents and records.

 

       (3)    The chair of a board of appeal may adjourn any hearing at any time and from time to time.

 

       (4)    The chair of a board of appeal must determine all questions arising during a hearing respecting procedure or admissibility of evidence.


Actions of board of appeal on completion of hearing

53   (1)    On completion of a hearing, a board of appeal must do 1 of the following:

 

                (a)    for a dispute concerning a matter specified in clause 48(2)(a),

 

                         (i)     confirm the regional centre’s decision not to proceed with development of an individualized program plan for the student, or

 

                         (ii)    order the regional centre to proceed with the development of an individualized program plan for the student;

 

                (b)    for a dispute concerning a matter specified in clause 48(2)(b),

 

                         (i)     confirm the proposed or existing individualized program plan outcomes for the student, or

 

                         (ii)    order modification of the proposed or existing individualized program plan outcomes for the student;

 

                (c)    for a dispute concerning a matter specified in clause 48(2)(c),

 

                         (i)     confirm the regional centre’s placement of the student in respect of the education programs provided by the regional centre, or

 

                         (ii)    order a change in the placement of the student in respect of the public school programs provided by the regional centre.

 

       (2)    On completion of a hearing, a board of appeal may order the costs of the appeal to be apportioned between the regional centre and the parent.


Decision of board of appeal

54   (1)    A board of appeal’s decision must be written by the chair of the board and include written reasons for the decision.

 

       (2)    A board of appeal’s decision must be made and delivered to the parties and the Minister no later than 60 days after the date the board is established, or as soon after the 60 days as is practicable.


Order of board of appeal is final

55   A decision made by a Board of Appeal is final and binding upon all parties to the dispute.


Senior Staff of Regional Centres


Definitions of senior staff of regional centres

56   (1)    In the Act and its regulations, “senior staff” of [a] regional centre, other than the Tri-County Regional Centre, means all of the following:

 

                (a)    regional executive director, whose responsibilities respecting the administrative structure are specified in clause 57(1)(a);

 

                (b)    director of the programs and student services department specified in clause 58(a), to be titled the Director of Programs and Student Services;

 

                (c)    director of the operational services department specified in clause 58(b), to be titled the Director of Operational Services;

 

                (d)    director of the human resources services department specified in clause 58(c), to be titled the Director of Human Resources Services;

 

                (e)    director of the financial services department specified in clause 58(d), to be titled the Director of Financial Services.

 

       (2)    In the Act and its regulations, “senior staff” of the Tri-County Regional Centre means the senior staff set out in clauses (1)(a) to (d).


Administrative structure for senior staff of regional centres and related requirements

57   (1)    The administrative structure for senior staff of a regional centre, other than the Tri-County Regional Centre, is composed of all of the following:

 

                (a)    the office of regional executive director and the regional executive director who holds the office, who has all of the following responsibilities respecting the administrative structure:

 

                         (i)     overall responsibility for all of the departments in the administrative structure and supervision of the directors of those departments,

                         (ii)    responsibility for functions in all of the following categories:

 

                                  (A)   community relations,

 

                                  (B)   strategic and business planning,

 

                                  (C)   communications,

 

                                  (D)   accountability standards,

 

                                  (E)   continuous improvement framework;

 

                (b)    the departments specified in Section 58 and the directors of those departments.

 

       (2)    The administrative structure for senior staff of the Tri-County Regional Centre is composed of all of the following:

 

                (a)    the office of regional executive director and the regional executive director, as specified in clause (1)(a);

 

                (b)    the departments specified in clauses 58(a) to (c), and the directors of those departments.

 

       (3)    A director of a department is responsible only for the department that they direct and must not hold more than 1 senior staff position.


Departments within administrative structure

58   The following departments must be included in a regional centre’s senior staff administrative structure in accordance with Section 57:

 

                (a)    a programs and student services department, which has functions in all of the following categories:

 

                         (i)     student services,

 

                         (ii)    implementation of the Provincial curriculum,

 

                         (iii)   race relations, cross-cultural understanding and human rights,

 

                         (iv)   education quality and accountability,

 

                         (v)    principal support in programs and student services,

 

                         (vi)   on behalf of the regional executive director or a director designated by the regional executive director, principals, including supervision and evaluation of principals,

 

                         (vii)  technology in the curriculum and classrooms,

 

                         (viii) teacher professional development,

 

                         (ix)   school advisory councils,

 

                         (ixa) school improvement plans,

 

                         (x)    community education and adult education, if applicable,

 

                         (xi)   any additional student-related programs and services offered by the regional centre;

 

                (b)    an operational services department, which has functions in all of the following categories:

 

                         (i)     facilities management, including community access,

 

                         (ii)    capital construction and additions and alterations,

 

                         (iii)   transportation of students,

 

                         (iv)   technology,

 

                         (v)    principal support in operations;

 

                (c)    a human resources services department, which has functions in all of the following categories:

 

                         (i)     labour relations, including support of local and Provincial bargaining,

 

                         (ii)    performance management and growth planning systems,

 

                         (iii)   non-teacher professional development and coordination of the board-wide professional development plan,

 

                         (iv)   employment equity,

 

                         (v)    occupational health and safety,

 

                         (vi)   employee health,

 

                         (vii)  succession planning,

 

(viii) coordination of staff allocations,

 

                         (ix)   staff recruitment and placement,

 

(x) principal support in human resources;

 

                (d)    a financial services department, which has functions in all of the following categories:

 

                         (i)     budgets,

 

                         (ii)    accounting, including payroll,

 

                         (iii)   insurance risk,

 

                         (iv)   procurement,

 

                         (v)    audit support,

 

                         (vi)   principal support in finance,

 

                         (vii)  school-based funds management.


Variances in administrative structure

59   (1)    Except as provided in subsection (3), the Minister may approve a variance of any requirement for a regional centre’s senior staff administrative structure in Sections 56 to 58 for any period of time and on terms and conditions the Minister considers appropriate.

 

       (2)    A regional centre’s senior staff administrative structure that is varied under subsection (1) must be at least as effective as the administrative structure required by Section 57 in enabling the regional centre to do all of the following:

 

                (a)    focus on the delivery of student programs and services as its primary responsibility;

 

                (b)    manage its affairs in a productive manner, including achieving timely results, and demonstrating continuous improvement;

 

                (c)    be responsive to student, parent and community needs for program and service delivery, and to the needs of school advisory councils;

 

                (d)    be accountable for quality education, decision-making and resources;

 

                (e)    be adaptable and flexible to address emerging needs.

 

       (3)    The following requirements may not be varied under this Section:

 

                (a)    the requirement in Section 56 to include the senior staff position of director of the programs and student services department and to include the office of regional executive director as a senior staff position;

 

                (b)    the requirement in Section 57 to have a department of programs and student services.


Conflict of Interest Policy


Definitions for Sections 61 to 67

60   (1)    In Sections 61 to 67,                       

 

“conflict of interest” means any situation in which a staff person, either on their own behalf or on behalf of another person, attempts to promote a private or personal interest in a manner that results in any of the following:

 

                         (i)     interference with the objective exercise of the staff person’s duties,

 

                         (ii)    a gain or advantage to the staff person or other person by virtue of the staff person’s position with the regional centre;

 

“regional centre conflict of interest policy” means a regional conflict of interest policy established for the staff of a regional centre in accordance with this Section;

 

“staff” or “staff person” means staff or a staff person of a regional centre.

 

       (2)    A regional executive director referred to in Sections 61 to 67 includes any director designated by the regional executive director for the purposes of the regional conflict of interest policy.


Duties of regional executive director

61   A regional executive director must promote and ensure compliance with the regional centre’s regional conflict of interest policy and is responsible for all of the following:

 

                (a)    administering the policy with respect to the centre’s staff, other than the regional executive director;

 

                (b)    ensuring that the centre’s staff are informed of the requirements of the policy;

 

                (c)    determining whether a conflict of interest exists in cases where a staff person and the person’s supervisor disagree, and what actions, if any, are to be taken;

 

                (d)    establishing procedures for staff to report a conflict of interest to their supervisors.


Communication of policy

62   (1)    A regional centre must prepare information and educational materials for its staff about its regional conflict of interest policy and arrange for the communication of the policy to staff.

 

       (2)    A regional centre must provide each staff person with a copy of its regional centre conflict of interest policy.


Disagreement about compliance referred to regional executive director

63   A disagreement about compliance with the regional centre conflict of interest policy between a staff person and the staff person’s supervisor must be referred to the regional executive director.


Confidentiality of information

64   Information provided to a supervisor concerning a private interest of a staff person in discussing potential conflicts of interest must be kept confidential, except as required by law.


Non-compliance with conflict of interest policy

65   A staff person who does not comply with the regional centre conflict of interest policy may be disciplined.


Principles of conflict of interest policy

66   A regional centre conflict of interest policy must be based on the principles that a staff person should do all of the following:

 

                (a)    perform their duties and functions impartially, responsibly, diligently, efficiently and with integrity;

 

                (b)    arrange their private interests in a manner that will prevent a conflict of interest, with any doubt in this respect to be resolved in favour of the public interest;

 

                (c)    not solicit or accept directly or indirectly a fee, gift or benefit from a person or an organization that has dealings with the regional centre or the Department;

 

                (d)    benefit from regional centre and regional centre-related programs, services or initiatives only to the extent that a member of the public benefits from them;

 

                (e)    benefit from information that is obtained in course of employment only to the extent that a member of the public may benefit from it;

 

                (f)    not benefit from, use or permit the use of regional centre property, including leased property, or services, other than in the course of the performance of official duties and functions, and otherwise only to the extent that a member of the public may use or benefit from the property or services;

 

                (g)    in the course of the performance of official duties and functions involving the public, assist all members of the public fairly and reasonably;

 

                (h)    maintain appropriate confidences;

 

                (i)     observe all laws and rules;

 

                (j)     not use their position, office or affiliation with a regional centre or regional centre information or property to pursue personal interests;

 

                (k)    act in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law;

 

                (l)     take care to avoid being placed, or appearing to be placed, under any obligation to any person or organization that might profit from special consideration by the employee, and not accord preferential treatment in relation to any official matter to any person or organization in which the employee, family members or friends have an interest;

 

                (m)   if the staff person’s spouse, partner or dependent child has a contract or agreement with the regional centre that has not been awarded by open public tender, disclose information about the contract or agreement to the regional executive director or, if the staff person is a regional executive director, to the Deputy Minister of the Department.


Mandatory requirements for conflict of interest policy

67   A regional centre conflict of interest policy must be consistent with Sections 60 to 66 and include all of the following:

 

                (a)    a statement setting out the purpose of the policy and explaining that the policy sets out general principles and is not intended to set out every possible situation that may raise a conflict of interest;

 

                (b)    a statement of policy objectives, including the objective to ensure that staff avoid conflicts of interest and act in the public interest at all times while discharging official duties and functions;

 

                (c)    the definition of “conflict of interest” set out in subsection 60(1);

 

                (d)    a statement that the policy applies to all staff;

 

                (e)    an outline of policy directives, including all of the following:

 

                         (i)     a statement of principles consistent with the principles set out in Section 66,

 

                         (ii)    the criteria, including legality, fairness and defensibility, to be used for resolving cases in which it is uncertain that a conflict of interest exists,

 

                         (iii)   a list of the types of employment and other activities that are not permitted to be carried on by a staff person outside employment with the regional centre and a requirement that the staff person make a confidential report regarding any outside employment or activities to their supervisor,

 

                         (iv)   how staff can receive notice of the policy,

 

                         (v)    how a staff person can get clarification or interpretation of the policy,

 

                         (vi)   how the educational material on the policy prepared by the regional centre in accordance with Section 62 is to be communicated;

 

                (f)    an explanation of the accountability of

 

                         (i)     staff, and

 

                         (ii)    the regional executive director and a director designated by the regional executive director in accordance with Section 61;

 

                (g)    the procedures for administering the policy as required by Section 61;

 

                (h)    a statement of the confidentiality requirement set out in Section 64;

 

                (i)     an explanation of the procedure for resolving disagreements about compliance with the policy, in accordance with the requirements of Section 63;

 

                (j)     an explanation of the consequences of failing to comply with the policy.


School Advisory Councils


Interpretation for Sections 69 to 75

68   (1)    In Sections 69 to 75,

 

“school advisory council” means a school advisory council for a public school as provided for in subsection 21(1) of the Act;

 

“school advisory council agreement” means an agreement made between a school advisory council, the regional centre and the Minister under subsection 70(1).

 

       (2)    In Sections 69 to 75,

 

                (a)    a reference to a principal in relation to a public school or a school advisory council for a public school is a reference to the principal of that public school;

 

                (b)    a reference to a regional centre in relation to a public school or a school advisory council for a public school is a reference to the regional centre with jurisdiction over that public school.


Establishing school advisory council

69   (1)    A principal may establish a school advisory council for a public school if the principal determines that it would benefit the public school.

 

       (2)    A principal must establish a school advisory council in any of the following circumstances:

 

                (a)    a school advisory council was established for the public school before July 31, 2018, and was operating as a school advisory council during the school academic year ending on July 31, 2018, under an agreement under the former Act;

 

                (b)    any of the following groups petitions the principal in writing to establish a school advisory council:

 

                         (i)     a home and school association, parent-teacher association or similar organization for the public school,

 

                         (ii)    5 or more parents of students attending the public school.


School advisory council agreements

70   (1)    A school advisory council must enter into an agreement with the regional centre and the Department that sets out all of the following:

 

                (a)    the composition of the school advisory council, in accordance with Section 71;

 

                (b)    the duties of the school advisory council as prescribed by Section 75.

 

       (2)    A school advisory council, the regional centre or the Department may amend the school advisory council agreement at any time with the consent of both of the other parties.


Composition of school advisory council

71   (1)    A school advisory council must have at least 5 and no more than 18 members.

 

       (2)    Subject to subsections (3), (4) and (5), a school advisory council must consist of the following persons:

 

                (a)    at least 1 parent of a child attending the school elected by the parents of the children attending the school;

 

                (b)    at least 1 teacher employed at the school elected by the teachers employed at the school;

 

                (c)    at least 1 person from the support staff employed at the school elected by the support staff employed at the school;

 

                (d)    the principal, who is a non-voting member of the school advisory council;

 

                (e)    at least 1 representative of the community where the school is situated who must be named to the school advisory council by 1 of the following methods:

 

                         (i)     appointment by the school advisory council, taking into consideration the importance of having diverse views represented on the school advisory council,

 

                         (ii)    election by members of the community, if the school advisory council agreement requires the community representative to be elected;

 

                (f)    if the school has students attending the school in grade 7 or a higher grade, at least 2 students who attend the school elected by the students of the school;

 

                (g)    if the school has students attending the school only in grades up to grade 6 or a lower grade and the school advisory council agreement provides for the election of a student member, at least 2 students who attend the school elected by the students of the school.

 

       (3)    Unless the school advisory council agreement provides otherwise, a school advisory council must not have more than 1/3 of its members from any single category of members referred to in subsection (2).

 

       (4)    A school advisory council member must not be senior staff, as defined in Section 56, of the regional centre.

 

       (5)    Except as provided in subsection (8), a school advisory council may vary its membership composition during a school academic year to increase the diversity of membership of the school advisory council and to allow for representatives from traditionally under-represented members of the school community.

 

       (6)    A school advisory council must provide notice to the regional centre of its intent to vary its membership composition under subsection (5).

 

       (7)    A school advisory council may maintain a variance under subsection (5) until the composition provisions of the school advisory council agreement are amended.

 

       (8)    Subsection (5) does not apply to a newly established school advisory council whose composition has been determined in the manner prescribed by the regional centre as described in Section 73.


School advisory council established to replace predecessor under former Act

72   Until a new school advisory council agreement is entered into, a school advisory council established under clause 69(2)(a) to replace one that was established under the former Act operates under the same terms and conditions and has the same composition as set out in the predecessor school advisory council’s agreement under the former Act.


Newly established school advisory council

73   Until a school advisory council agreement is entered into for a school advisory council newly established for a public school under subsection 69(1) or clause 69(2)(b),

 

                (a)    the composition of the school advisory council must be determined in the manner prescribed by the regional centre in accordance with the requirements of clauses 71(2)(a) to (f) respecting minimum numbers and categories of members; and

 

                (b)    the first members of the school advisory council must be elected according to a process established by the regional centre.


Vacancy on school advisory council

74   A vacancy on a school advisory council does not impair the authority of the remaining members to act.


Duties of school advisory council

75   The following are prescribed under subsection 21(3) of the Act as the duties of a school advisory council:

 

                (a)    advising the principal and the regional centre on the following matters:

 

                         (i)     developing policies that promote student achievement and safe and inclusive schools,

 

                         (ii)    school practices and initiatives,

 

                         (iii)   communication among the school, parents and the community,

 

                         (iv)   any matters that are referred to the school advisory council by the principal, the regional centre or the Minister;

 

                (b)    working in collaboration with the principal and participating in efforts to improve student achievement and student and community well-being by receiving information on the school improvement plan and monitoring progress and improvements under the plan;

 

                (c)    preparing an annual report in the form and containing the information determined by the Minister;

 

                (d)    subject to the approval of the regional centre, making by-laws respecting the operations of the school advisory council, including electing members and conducting meetings;

 

                (e)    participating in Provincial and regional meetings, consultations and professional development opportunities offered for school advisory councils by the Minister, the regional centre or another education entity;

 

                (f)    in accordance with the terms of the school advisory council agreement, determining priorities for spending the funds allocated to support the mandate of the school advisory council;

 

                (g)    undertaking any responsibilities assigned by the Minister or the regional centre in addition to the responsibilities set out in the school advisory council agreement.

 

 


 

Legislative History
Reference Tables

Ministerial Education Act Regulations

N.S. Reg. 59/2018

Education Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Ministerial Education Act Regulations made under the Education Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

59/2018

Apr 1, 2018

date specified

Apr 13, 2018

186/2018

Oct 22, 2018

date specified

Nov 9, 2018

 

 

 

 

 

 

 

 

 

 

 

 

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

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

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

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

58(a)(ix)........................................

rs. 186/2018

58(a)(ixa)......................................

ad. 186/2018

68-75.............................................

ad. 186/2018

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

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