O SO C C O FOR FOR HI HISTO STORIC RICAL AL REF REFERE ERENCE NCE ON ONLY LY The School Divisions Act being Chapter 166 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.
Transcript
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The SchoolDivisions Act
being
Chapter 166 of The Revised Statutes of Saskatchewan, 1940(effective February 1, 1941).
NOTE:This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.
Table of Contents
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SHORT TITLE1 Short title
INTERPRETATION2 Interpretation
ORGANIZATION OF DIVISION3 Contents4 Petition for establishment and approval of boundaries5 Order establishing division6 Alteration of boundaries of division7 Map showing divisions8 Disorganization of division
Divisional Board
MEMBERSHIP9 Number of members
ELECTION OF MEMBERS10 Election of delegate by each school district in
subdivision11 Election of member of divisional board by delegates in
each subdivision12 Adjournment of meeting failing a quorum13 Chairman and secretary of meeting14 Nomination of candidates15 Declaration of election where poll unnecessary16 Poll where necessary17 Record of votes and declaration of result18 Delivery of records to secretary19 Notice to minister of result20 Contested elections
TERM OF OFFICE AND VACANCIES21 Term of office22 Vacancies
DIVISIONAL BOARD A CORPORATION23 Corporate name and powers
ANNUAL MEETING OF RATEPAYERS24 Annual meeting
MEETINGS OF THE DIVISIONAL BOARD25 First meeting26 Declaration of office by members27 Other meetings28 Notice of meetings29 Quorum30 Invalid proceedings31 Motions32 Voting33 Acting chairman34 Conduct of meetings
ASSETS AND LIABILITIES OF SCHOOL DISTRICTS35 Retention of assets and liability for existing
indebtedness36 Inventory of assets and liabilities
DUTIES OF DISTRICT BOARDS OF TRUSTEES37 General duties38 Submission of annual estimates to divisional board39 Language and religious instruction
DUTIES AND POWERS OF DIVISIONAL BOARDS40 General duties and powers41 Appointment of teacher nominated by district trustees42 Additional powers of board43 Application of certain provisions of The School Act44 Scope of authority as between board of trustees and
divisional board
DUTIES OF SECRETARY TREASURER45 Duties
DISQUALIFICATION OF MEMBERS OFDIVISIONAL BOARD
46 Crime, insanity or absence47 Personal interest in contract with board48 Ouster for neglect of duty, etc.
VILLAGE, CONSOLIDATED AND SEPARATESCHOOL DISTRICTS
49 Agreement with divisional board for inclusion in division
50 Copy of agreement forwarded to minister51 Order for inclusion of district where no demand
for a vote52 Vote of resident ratepayers53 Procedure for taking vote54 Returns to minister55 Order of minister for inclusion of district56 Publication of order and effect thereof57 Incorporation of village after establishment of division
TAXATION58 Uniform annual tax throughout division59 Uniform tax rate60 Levy of tax61 Municipal statements of equalized assessments of
school districts62 Payment to division of uniform school taxes as
collected63 Requisition for and payment to division of local school
district tax64 Municipal tax records65 Application of municipal Acts66 Trust account for each district in division67 Application of proceeds of local district tax68 Municipal payments to school division
GRANTS69 Payment of school grants to divisional board
BORROWING POWERS OF THE BOARD70 Loans on security of taxes71 Loans on security of school grants
SUPERVISION72 Divisional superintendent of schools
MISCELLANEOUS73 Regulations74 Act and regulations govern in case of conflict75 Rights of minorities not affected76 Application of School Act, etc.
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CHAPTER 166An Act to provide for School Divisions
SHORT TITLE
Short title1 This Act may be cited as The School Divisions Act.
1940, c.76, s.1; R.S.S. 1940, c.166, s.1.
INTERPRETATION
Interpretation2(1) In this Act, unless the context otherwise requires, the expression:
“Board of trustees”1. “Board of trustees” means the board of trustees of a school district;
“Cousolidated school district”2. “Consolidated school district” means a school district comprising an area of 36 square miles or over;
“Council”3. “Council” means the council of a municipality;
“Division”4. “Division” means a school division comprised of a number of school districts;
“Divisional board” or “board”5. “Divisional board” or “board” means the board elected under this Act for a division;
“Legislative grant”6. “Legislative grant” means the school grant payable by the Department of Education in respect of the operation of a school;
“Minister”7. “Minister” means the Minister of Education;
“Municipality”8. “Municipality” means a rural municipality or a village;
“Subdivision”9. “Subdivision” means a group of school districts comprising a subdivision within a division;
“Superintendent”10. “Superintendent” means a superintendent of schools appointed under The School Act.(2) All other words, names and expressions, unless the context otherwise requires, shall have the same meaning as is expressly or impliedly attached to them in The School Act.
1940, c.76, s.2; R.S.S. 1940, c.166, s.2.
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ORGANIZATION OF DIVISION
Contents3(1) A group of rural public school districts may be established as a school division in the manner hereinafter provided.(2) Every school division shall comprise such number of school districts as employ approximately eighty teachers.
1940, c.76, s.3; R.S.S. 1940, c.166, s.3.
Petition for establishment and approval of boundaries4 Upon petition for the establishment of a school division signed by two hundred or more resident ratepayers representing not less than twenty school districts the minister may, in his discretion, approve such boundaries for the division as may be deemed advisable and may prescribe the procedure to be followed in referring the question to a vote of the resident ratepayers of the districts affected.
1940, c.76, s.4; R.S.S. 1940, c.166, s.4.
Order establishing division5(1) If the result of the vote is favourable the minister may by order, notice of which shall be published in The Saskatchewan Gazette, establish the division.(2) Every order establishing a school division shall:
(a) assign to the division a distinguishing name and number;(b) divide the districts contained in the division into five subdivisions numbered one to five, and specify the districts contained in each subdivision;(c) fix the date, time and place for holding the first meeting of the delegates of the districts in each subdivision to elect a member to represent the subdivision on the divisional board;(d) fix the day, time and place for holding the first meeting of the divisional board;(e) appoint a person to be secretary of the division for the time being.
1940, c.76, s.5; R.S.S. 1940, c.166, s.5.
Alteration of boundaries of division6(1) At the request of the board of trustees of a rural public school district the minister may by order add the district to an established division and include the same in a subdivision:Provided that the minister may in his discretion require a favourable vote of the resident ratepayers of the district before issuing such order.(2) The minister in his discretion may by order from time to time:
(a) transfer any school district included in a division to another division indicating the subdivision to which the district shall belong;(b) transfer any school district from one subdivision to another subdivision in the same division; and(c) exclude from a school division any school district included therein.
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(3) Every order made pursuant to this section shall be published in the Gazette and a copy of such order shall be sent by registered mail to the secretary of each school district mentioned therein and to the secretary of each division affected thereby.(4) Publication in the Gazette of an order made or purporting to have been made pursuant to this section shall be final and conclusive evidence as to the matters set out therein and that all the preliminary requisites for the order have been complied with.(5) Such alteration shall become effective on the first day of January next following the date of the order.
1940, c.76, s.6; R.S.S. 1940, c.166, s.6.
Map showing divisions7 The minister shall cause to be prepared a map of the province on which shall be indicated the outlines of school divisions as they exist from time to time and a record of the school districts comprising each school division and each subdivision shall be kept in the department.
1940, c.76, s.7; R.S.S. 1940, c.166, s.7.
Disorganization of division8(1) If, within six months after the expiration of five years from the date of establishment of a division, not less than fifteen per cent. of the resident ratepayers in the division petition the minister for the disorganization of the division, the minister shall thereupon refer the matter to a vote of the resident ratepayers of the districts in the division.(2) If the vote is in favour of disorganization the minister shall by order, notice of which shall be published in the Gazette, declare that on the date therein named the division shall be disorganized, and on that date the division shall cease to exist. The minister shall make due provision for the proper settlement and adjustment of the assets and liabilities standing in the name of the divisional board.
1940, c.76, s.8; R.S.S. 1940, c.166, s.8.
Divisional Board
MEMBERSHIP
Number of members9 In each division there shall be a divisional board consisting of five members, one for each subdivision.
1940, c.76, s.9; R.S.S. 1940, c.166, s.9.
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ELECTION OF MEMBERS
Election of delegate by each school district in subdivision10(1) Where an order has been made establishing a school division, the secretary of each school district within the division shall, not later than the tenth day prior to the day fixed by the order for holding the first subdivisional meeting call a meeting of the trustees for the purpose of electing a delegate to attend the subdivisional meeting.(2) In each year after the year in which a school division is established, the secretary of each school district in a subdivision in which an election of a member of the divisional board is necessary shall in the month of September call a meeting of the trustees for the purpose of electing a delegate to attend the subdivisional meeting.(3) At each district meeting the trustees present shall elect a delegate to attend the subdivisional meeting.(4) A person so elected as a delegate shall be a British subject and a resident ratepayer of the district.(5) Upon the election of a delegate the secretary shall furnish the person elected with a certificate of his election and shall advise the secretary of the division of the name and post office address of the delegate.(6) In the case of a district administered by an official trustee, the official trustee shall appoint a delegate and if the official trustee is unable to find any resident of the district who is qualified for such appointment, or if for any reason he finds it impossible to appoint a delegate, the official trustee shall be the delegate to represent the district and for the purpose of determining a quorum at a meeting of delegates he shall be the delegate for each district which he represents and shall have one vote for each such district.
1940, c.76, s.10; R.S.S. 1940, c.166, s.10.
Election of member of divisional board by delegates in each subdivision11(1) In the year in which a school division is established a meeting of the delegates of each subdivision shall be held for the election of a member of the divisional board, upon the date and at the time and place fixed by the order establishing the division.(2) In each year after the year in which a school division is established and in which the election of a member of the divisional board is necessary in a subdivision, a meeting of the delegates of the subdivision shall be held for that purpose on a date not earlier than the fifteenth day of October and not later than the first Tuesday in December and at such time and place as may be fixed by the divisional board.(3) At least ten days before the day fixed for the meeting the secretary of the division shall send by registered mail to each delegate a notice of the date, time and place of the meeting of the delegates for the subdivision of which he is a delegate, or the secretary shall cause such notice to be delivered to the delegate in person or to an adult person at the delegate’s place of residence, at least three days before the meeting.
1940, c.76, s.11; R.S.S. 1940, c.166, s.11.
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Adjournment of meeting failing a quorum12(1) A quorum for a meeting of delegates shall be a number which is not less than one-half of the number of school districts in the subdivision.(2) If at the expiration of one hour after the time fixed for a meeting of delegates a quorum is not present, the delegates present shall by resolution adjourn the meeting to a date and time which shall not be more than five days after the day originally appointed for the meeting.
1940, c.76, s.12; R.S.S. 1940, c.166, s.12.
Chairman and secretary of meeting13 At the hour fixed for the meeting or as soon thereafter as a quorum is present, or, in case of an adjournment for lack of a quorum, at the hour to which the meeting was adjourned, the delegates then present shall commence the meeting by appointing one of their number to act as chairman and the secretary for the division or any other person elected by the meeting shall act as secretary.
1940, c.76, s.13; R.S.S. 1940, c.166, s.13.
Nomination of candidates14(1) Not later than one hour after the commencement of the meeting, the chairman shall call for the nomination of candidates for election to the divisional board.(2) Each person nominated shall be a resident ratepayer of a district within the subdivision, shall be a British subject and shall hold the qualifications required for the position of trustee in a rural or village school district as set forth in section 76 of The School Act. Each candidate shall sign the candidate's acceptance in the form herein prescribed.(3) Every nomination shall be in writing in the form following and shall be signed by two persons, each of whom shall be a resident ratepayer of a district included within the subdivision.
NOMINATION PAPERThe ____________________ School Division No. _______________ of Saskatchewan, Subdivision No. _______________.We, the undersigned, do hereby nominate ____________________________________
of(name of candidate) (post office address)
a resident ratepayer of The ____________________ School District No. ____________ of Saskatchewan, a school district included in Subdivision No. ____________ of the said division, as a candidate for election as a member of the board of the said division for the said subdivision.Dated this ____________ day of ____________, 19__________.
.................................................................A resident ratepayer of the __________School District No. _________in the said subdivision.
.................................................................A resident ratepayer of the __________School District No. _________in the said subdivision.
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CANDIDATE’S ACCEPTANCE
The ____________________ School Division No. _______________ of Saskatchewan, Subdivision No. _______________.I, the said _______________ named in the foregoing nomination, hereby state:1. That I am of the full age of twenty-one years;2. That I am a resident ratepayer of The _____________ School DistrictNo. __________;3. That I am a British subject;4. That I am able to read and write in the English language, and to conduct school meetings in the English language;
or
4. That I held the office of trustee prior to the first day of July, 1930, and have obtained a certificate from the school superintendent of this district that I am capable of performing the duties pertaining to the office of trustee, which certificate is attached hereto;5. That I will accept the office if elected.Signed in the presence of........................................................... ...................................................
Signature of Witness. Signature of Candidate.
(4) No nomination shall be valid unless the nomination paper is accompanied by the candidate’s acceptance.(5) Nominations shall be received by the chairman for a period of thirty minutes after he has first declared the meeting open to receive nominations.
1940, c.76, s.14; R.S.S. 1940, c.166, s.14.
Declaration of election where poll unnecessary15(1) If after the expiration of the period of thirty minutes the chairman has received only one nomination he shall declare the candidate nominated to be duly elected as a member of the divisional board.(2) If no nomination is received in respect of any subdivision the secretary for the division shall so advise the minister who may thereupon appoint a resident ratepayer of a school district in the subdivision to serve as a member of the divisional board.
1940, c.76, s.15; R.S.S. 1940, c.166, s.15.
Poll where necessary16(1) If more persons than one are nominated for any subdivision the chairman shall at the close of the time for receiving nominations and after the secretary has prepared the necessary ballots declare a poll open for the election of a member of the divisional board.(2) The chairman shall preside at the poll and each delegate except the chairman shall have the right to vote. In case of a tie the chairman shall give a casting vote.
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(3) As each delegate presents himself to vote the chairman shall hand him a ballot paper containing the names of the candidates and the secretary shall record in a book to be provided for the purpose the names of each delegate so presenting himself.(4) Upon receipt of the ballot paper the delegate shall in a part of the room effectively screened, mark his ballot by placing a cross in the space opposite the name of the candidate for whom he is voting; he shall then fold it and return it folded to the chairman who shall forthwith deposit it in the ballot box provided for the purpose.(5) The ballot shall contain the names of all the candidates nominated and shall be in the following form:
John BrownWilliam SmithJames White
1940, c.76, s.16; R.S.S. 1940, c.166, s.16.
Record of votes and declaration of result17 The poll shall remain open for thirty minutes when it shall be closed by the chairman; the ballot box shall then be opened in the presence of the candidates or of at least two witnesses and a record of the votes as they are shown on the ballots shall be entered in the poll record by the chairman who shall thereupon sum up the votes and declare the result.
POLL RECORD
Election of Trustees for the __________________________________________________School Division No. __________ of Saskatchewan, Subdivision No. ______________Date of Poll __________; Poll Opened __________; Poll Closed __________:
Name of Candidate Votes 1 1 1 etc. 1 1 1 etc.
In order to break a tie,I hereby vote for I hereby declare ........................................................................................... ....................................................elected.
Name of candidate....................................................... ...............................................................
Delivery of records to secretary18 The chairman shall make a parcel containing the nomination papers, candidates’ acceptance forms, the poll record and the ballots and shall deliver the same forthwith to the secretary of the division or forward the same to him by registered mail.
1940, c.76, s.18; R.S.S. 1940, c.166, s.18.
Notice to minister of result19 The secretary of the division shall forthwith notify the minister of the name and address of the person elected as a member of the divisional board in the subdivision.
1940, c.76, s.19; R.S.S. 1940, c.166, s.19.
Contested elections20 The validity of the election of any member of a divisional board may be contested before the judge of a district court by any person qualified to vote at the election. The proceedings thereon shall be the same, mutatis mutandis, as in the case of a contested election under The Controverted Municipal Elections Act.
1940, c.76, s.20; R.S.S. 1940, c.166, s.20.
TERM OF OFFICE AND VACANCIES
Term of office21(1) Each member of the divisional board shall be elected for two years except that the members elected for the even-numbered subdivisions at the first election shall be elected for one year only.(2) Each member of the divisional board shall assume office on the first day of January next following the date of the first or annual election and shall hold office until the election or appointment of his successor.
1940, c.76, s.21; R.S.S. 1940, c.166, s.21.
Vacancies22 Where a vacancy occurs in the divisional board the secretary of the division shall forthwith notify the minister, and the minister may thereupon appoint someone to fill the vacancy.
1940, c.76, s.22; R.S.S. 1940, c.166, s.22.
DIVISIONAL BOARD A CORPORATION
Corporate name and powers23(1) The board of every school division shall be a corporation under the name of “The Board of The _______________ School Division No. _________ of Saskatchewan”.(2) The corporation shall have a common seal and shall possess and may exercise all the powers vested in corporations by The Interpretation Act so far as the same are necessary for carrying out the provisions of this Act.
1940, c.76, s.23; R.S.S. 1940, c.166, s.23.
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ANNUAL MEETING OF RATEPAYERS
Annual meeting24(1) Except in the year of the establishment of the division, an annual meeting of ratepayers shall be held in each subdivision at such date between the first day of January and the first day of July as may be fixed by the divisional board.(2) At the hour fixed for the meeting the ratepayers present shall elect one of their number to act as chairman and the secretary of the division or any other person elected by the meeting shall act as secretary. The purpose of the meeting shall be to receive and to discuss the reports of the superintendent, the secretary of the division, the auditor, and any other statements or communications relating to the affairs of the division.
1940, c.76, s.24; R.S.S. 1940, c.166, s.24.
MEETINGS OF THE DIVISIONAL BOARD
First meeting25 The divisional board shall hold an organization meeting on the date and at the time and place fixed for that purpose in the order establishing the division, and in every subsequent year not later than the tenth day of January, and at such meeting shall appoint a chairman and a vice chairman.
1940, c.76, s.25; R.S.S. 1940, c.166, s.25.
Declaration of office by members26(1) Every divisional trustee shall before undertaking any of the duties of a divisional trustee and before he takes his seat as a member of the divisional board, make a declaration before a justice of the peace or a commissioner for oaths in the following form:
DECLARATION OF OFFICE
I, _________________________, do hereby accept the office of trustee to which I have been elected in Subdivision No. ______________ of the ______________ School Division No. ______________ of Saskatchewan, and I will to the best of my ability honestly and faithfully discharge the duties devolving on me as such trustee.Dated at __________ in the Province of Saskatchewan, this __________ dayof __________, 19 __________.
(2) The justice of the peace or commissioner for oaths before whom the declaration of office is made shall indorse upon or attach to the declaration a certificate in the following form:I, ________________________, of ________________________ in the Province of Saskatchewan do hereby certify that ________________________, a person elected as a divisional trustee for Subdivision No. ____________ of ____________ School Division No. ____________, has this day made before me the required declaration of office.Dated at ____________ in the Province of Saskatchewan this ____________ dayof ____________, 19 ____________.
....................................................Justice of the Peace or
Commissioner for Oaths.
(3) Every divisional trustee shall deliver his declaration of office, together with the certificate relating thereto, to the secretary of the division at the first meeting of the divisional board attended by him and the secretary shall enter the fact of such delivery in the minutes of that meeting and shall retain the declaration and certificate on file.
1940, c.76, s.26; R.S.S. 1940, c.166, s.26.
Other meetings27 The divisional board shall meet at least six times in each year at such times as may be from time to time fixed by resolution of the board and at any other time at the call of the chairman or of any three members of the board.
1940, c.76, s.27; R.S.S. 1940, c.166, s.27.
Notice of meetings28(1) The divisional board may, at any meeting at which all the members are present, decide by resolution to hold regular meetings. The resolution shall state the date, hour and place of every such meeting and no further or other notice of any such meeting shall be necessary.(2) All other meetings of the divisional board shall be called by giving at least six clear days’ notice by registered mail or by delivering written notice to each member in person at least three days before the meeting or by leaving such notice with an adult person at the member’s place of residence.(3) Notwithstanding anything contained herein the divisional board may by unanimous consent waive notice and hold a meeting at any time. Such consent shall be subscribed to by each member of the board and shall be recorded in the minutes of the meeting in the following form:We, the undersigned, hereby waive notice of this meeting.
Quorum29 A majority of the board shall form a quorum.
1940, c.76, s.29; R.S.S. 1940, c.166, s.29.
Invalid proceedings30(1) No act or proceeding of any board shall be deemed valid or binding which is not adopted at a regular or special meeting at which a quorum of the board is present.(2) If the number of members of the board is reduced to less than a quorum the remaining members shall not transact any business of the division until the vacancies have been filled by the minister.
1940, c.76, s.30; R.S.S. 1940, c.166, s.30.
Motions31 All questions shall be submitted to the board on the motion of the chairman or any other member and no seconder shall be required.
1940, c.76, s.31; R.S.S. 1940, c.166, s.31.
Voting32 At all meetings of the board questions shall be decided by a majority of votes and the chairman shall have the right to vote, but in case of a tie the question shall be decided in the negative.
1940, c.76, s.32; R.S.S. 1940, c.166, s.32.
Acting chairman33 In the absence of the chairman and the vice chairman from any meeting of the board the members present shall elect one of their number to act as chairman of the meeting.
1940, c.76, s.33; R.S.S. 1940, c.166, s.33.
Conduct of meetings34 The board shall hold its ordinary meetings openly and no person shall be excluded except for improper conduct; but the person presiding at any meeting may cause to be expelled and excluded any person who has been guilty of improper conduct at such meeting.
1940, s.76, s.34; R.S.S. 1940, c.166, s.34.
ASSETS AND LIABILITIES OF SCHOOL DISTRICTS
Retention of assets and liability for existing indebtedness35 Upon the establishment of a school division all assets of each school district contained therein shall remain the property of the school district, and the board of the district and not the divisional board shall remain liable for payment of the district’s existing indebtedness.
1940, c.76, s.35; R.S.S. 1940, c.166, s.35.
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Inventory of assets and liabilities36 Upon the establishment of a school division the board of trustees of each school district contained therein shall furnish the divisional board with an inventory of the assets and property of the district and with an itemized statement of the district’s existing liabilities.
1940, c.76, s.36; R.S.S. 1940, c.166, s.36.
DUTIES OF DISTRICT BOARDS OF TRUSTEES
General duties37 Except as provided herein, upon the establishment of a school division the board of trustees of each school district included therein shall cease to have any of the powers, duties and functions conferred upon a board of trustees by The School Act, The School Attendance Act or any other Act, and it shall be the duty of the board of trustees:1. to appoint a chairman and an honorary secretary treasurer;2. subject to any regulations of the divisional board, to care for and manage the property of the school district;3. to co-operate with the teacher in the care, management and supervision of school property and, subject to any regulations of the divisional board and at the cost of the division, to effect any emergency repairs thereto which may be necessary and to report the facts forthwith to the secretary of the division;4. to make representations to the superintendent of the division as to the maintenance, repair and extension of the school and other buildings of the district and any furniture and equipment therein;5. to require the divisional board to furnish at the expense of the district necessary apparatus or equipment for the school of the district which is not ordinarily provided by the divisional board for the schools in the division;6. at the cost of the division, to make arrangements for the supply and maintenance of drinking water and of fuel for the school of the district as prescribed by the divisional board and to cause the same to be duly carried out;7. to make representations to the superintendent and to the divisional board as to the betterment or extension of the educational facilities for residents of the district;8. if it desires so to do, to nominate by resolution one or more persons for employment by the board as teacher in the school of the district;9. to hold board meetings for the consideration of any matter of educational concern to the district and to call annual and other meetings of the ratepayers of the district whenever required so to do by law;10. to elect a delegate as required by section 10;11. to provide school accommodation for the needs of the district;12. to perform such other duties as may be required by this or any other Act or the regulations of the Department of Education.
1940, c.76, s.37; R.S.S. 1940, c.166, s.37.
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Submission of annual estimates to divisional board38 The board of trustees of each school district in a school division shall, not later than the fifteenth day of February in each year, submit to the divisional board a statement of the estimated expenditures for the district for the year, including payments to be made on the district’s existing liabilities and exclusive of the expenditures to be made for the district by the divisional board out of the funds of the division.
1940, c.76, s.38; R.S.S. 1940, c.166, s.38.
Language and religious instruction39 Upon the establishment of a school division the board of trustees of each school district included therein shall retain the rights conferred upon a board of trustees by sections 201 and 202 of The School Act.
1940, c.76, s.39; R.S.S. 1940, c.166, s.39.
DUTIES AND POWERS OF DIVISIONAL BOARDS
General duties and powers40 It shall be the duty of every divisional board, and it shall have power:1. subject to the other provisions of this Act, to administer and manage the educational affairs of each school district in the division and to exercise a general supervision and control over the schools of the division;2. to provide and appoint for schools of districts comprised in the division, duly qualified teachers under a contract in writing in the form prescribed by The School Act and to forward to the department a true copy thereof;3. to pay every month the salaries of all teachers in its employ;4. to confer with and consult the superintendent concerning the educational problems and needs of the division and to consider any recommendations which the superintendent may make with regard thereto;5. to determine, subject to the provisions of The School Act and The School Attendance Act and with the approval of the superintendent, at what times pupils may be admitted to Grade I in any or each school district in the division;6. to determine what school any of the children of the division shall attend;7. to make, where necessary, provision for the attendance of pupils at schools outside of the district in which their parents or lawful guardians reside, and for the payment to a parent or lawful guardian of a reasonable sum on account or in lieu of the cost of a pupil's conveyance;8. to provide for high school instruction at convenient points in the division;9. to provide for the enforcement of The School Attendance Act and, if deemed advisable, to appoint the secretary of the division to be local attendance officer for any or all of the schools in the division;
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10. to suspend from school for a period not exceeding four weeks any pupil who, upon investigation by the board, is found to be guilty of truancy, irregular attendance not covered by The School Attendance Act, open opposition to authority, habitual neglect of duty, the use of profane or improper language or other conduct injurious to the moral tone or well-being of the school; or to suspend for more than four weeks or to expel any pupil upon confirmation of a resolution of the board to that effect by the superintendent;11. to call an annual meeting of the ratepayers in each subdivision as referred to in section 24;12. to provide for the holding of an annual convention of the trustees of the school districts included in the division and in its discretion to pay the expenses of the trustees attending such convention, not exceeding $5 for any one district;13. to insure and keep insured all school buildings and equipment;14. to provide an office at a location to be approved by the minister and office equipment suitable to the needs of the division and to engage a secretary treasurer and other necessary clerks and servants, with power to discharge them, and to prescribe their duties and fix their remuneration, and to provide for the expenses incidental to the discharge of any of the duties of the board;15. to make provision for the keeping of a full and accurate record of its proceedings, transactions and finances;16. to require the secretary treasurer for the division to furnish a guarantee bond from a guarantee company authorized to do business in Saskatchewan for such an amount as the board deems sufficient to cover any moneys for which the secretary treasurer may at any time be responsible;17. to require that all the funds under the control of the divisional board be kept in a chartered bank to be paid out by cheques to be signed by the treasurer and chairman of the board or such other member of the board as may be designated by the board;18. to appoint not later than the first day of March in each year one or more persons to audit the books and accounts of the school division, but no one shall be appointed who is then or during the preceding year was a member of the board or is or was secretary or treasurer, or who has or had during the preceding year directly or indirectly any share or interest in a contract made by the division, or who is employed by the division in any capacity except that of auditor. The board may appoint an incorporated company or partnership as auditor.19. to pay to each member of the board the sum of not more than $5 per day for each meeting, together with actual expenses of transportation but not exceeding seven cents per mile for every mile necessarily travelled in proceeding to and returning from meetings of the divisional board.
1940, c.76, s.40; R.S.S. 1940, c.166, s.40.
Appointment of teacher nominated by district trustees41 If the board of a school district in a division passes a resolution pursuant to section 201 or section 202 of The School Act and transmits a copy of such resolution to the divisional board, it shall be the duty of the divisional board to appoint to that school a teacher nominated by the board of trustees of that district.
1940, c.76, s.41; R.S.S. 1940, c.166, s.41.
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Additional powers of board42 A divisional board may at its discretion:1. make such expenditures as it deems necessary to safeguard the health of the pupils, including the employment of physicians, dentists and nurses for the examination and treatment of pupils;2. employ specially qualified teachers to encourage and direct instruction in agriculture, manual arts, household economics, physical training, music, art, dramatics, or other branches of the public or high school course of study throughout the schools of the division;3. select and provide from the list authorized by the minister all such reference books for the use of the teachers and pupils and all such globes, maps, charts and other apparatus as are approved and deemed necessary by the superintendent for the proper instruction of pupils;4. furnish the pupils with text books, exercise books, pens, pencils and other supplies, either free of charge or at a price fixed by the board;5. furnish the pupils with luncheon at the noon hour, either free of charge or at a price to be fixed by the board;6. exclude from attendance at a school any pupil who in the judgment of the superintendent is so mentally deficient as to be incapable of responding to class instruction by a skilful teacher, or whose presence is detrimental to the education and welfare of other pupils in attendance at the school, subject to appeal by the parent or lawful guardian of such pupil to the Minister of Public Health, whose decision shall be final;7. prepare and adopt, subject to the provisions of The School Act, a salary schedule for the teachers employed in the schools of the division;8. appoint not more than two persons, one of whom may be the secretary treasurer of the division, to attend any convention of school trustees or any other educational convention or conference and pay their actual travelling and living expenses in proceeding to and attending and returning from such convention;9. pay the actual travelling and living expenses of not more than one trustee appointed by a divisional trustees’ convention referred to in paragraph 12 of section 40, incurred in proceeding to and attending and returning from the annual convention of the Saskatchewan School Trustees’ Association;10. pay to the secretary treasurer of each school district included in the division an honorarium of not more than $10 per annum or furnish him with stationery and postage stamps, and for that purpose make an accountable advance to such secretary treasurer of an amount not in excess of $10.
1940, c.76, s.42; R.S.S. 1940, c.166, s.42.
Application of certain provisions of The School Act43 Subject to the provisions of this Act every school division and every divisional board shall possess and exercise the rights, powers and privileges and be subject to the liabilities and methods of government conferred or prescribed by The School Act in respect of public school districts.
1940, c.76, s.43; R.S.S. 1940, c.166, s.43.
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Scope of authority as between board of trustees and divisional board44 If difficulty arises in determining the scope of the duties and powers of the board of trustees and of the divisional board respectively, due to omission or seeming conflict of authority or any other cause, responsibility in the matter shall be assumed by the board of trustees or by the divisional board as the minister may direct.
1940, c.76, s.44; R.S.S. 1940, c.166, s.44.
DUTIES OF SECRETARY TREASURER
Duties45 The secretary treasurer of a divisional board shall be responsible to the board for the proper performance of his duties, which shall include the following:1. to receive all moneys payable to the divisional board and to disburse such moneys in the manner directed by the board;2. to pay all accounts payable by the board when the same have been authorized for payment by resolution of the board and certified either by the chairman of the board or by some person other than the chairman authorized by resolution of the board to certify accounts for payment;3. to keep a complete and detailed record of all the financial transactions of the board;4. to give and take receipts for all moneys received or paid out and to keep on file all vouchers of expenditure;5. to close and balance the books of the division on the thirty-first day of December in each year;6. to produce upon demand by the board or the superintendent or any other competent authority, all books, vouchers, papers and money belonging to the board and to hand over the same to the board or any person named by the board upon his ceasing to hold office;7. to make such reports and statements and to do such acts and things as the secretary treasurer of the board is required to do by this Act;8. to keep accurate minutes of the proceedings of all meetings of the divisional board;9. to comply with any lawful directions which may from time to time be given by the board or by the superintendent as to the execution of his duties, and to carry out any duty which may be lawfully assigned to him by the board.
1940, c.76, s.45; R.S.S. 1940, c.166, s.45.
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DISQUALIFICATION OF MEMBERS OF DIVISIONAL BOARD
Crime, insanity or absence46 A member of a divisional board who is convicted of an indictable offence or becomes insane or absents himself from three consecutive meetings of the board without being authorized by a resolution of the board so to do or ceases to be a resident ratepayer of a district in the subdivision in which he was elected shall ipso facto vacate his seat and the remaining trustees shall declare his seat vacant and forthwith notify the minister.
1940, c.76, s.46; R.S.S. 1940, c.166, s.46.
Personal interest in contract with board47(1) No member of a divisional board shall enter into any contract, in which he has any pecuniary interest, with the board of which he is a member, in his own name or in the name of another, alone or jointly with another, and every contract so entered into shall be null and void.(2) No member of a divisional board shall receive payment for any work done for or for materials supplied to any person in connection with any contract awarded or purchases made by the board while such member held office on the board.(3) A member of the board violating any of the provisions of this section shall ipso facto vacate his seat, and it shall be the duty of the remaining members of the board to declare his seat vacant.(4) A member of the board violating any of the provisions of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding $25 and costs and in default of payment. to imprisonment for a term not exceeding thirty days.(5) Nothing in this section shall prevent a member of a divisional board from receiving:
(a) remuneration from the board for serving in a school district as secretary, treasurer, janitor, local attendance officer, assessor or collector; or(b) the purchase price of a school site; or(c) a sum not exceeding $10 in any one year for labour; or(d) reasonable allowances for travelling expenses and subsistence when engaged away from his place of residence on business of the board authorized by a resolution of the board; or(e) any payment on account of or in lieu of the cost of the conveyance of any pupil of whom such member is the parent or lawful guardian.
1940, c.76, s.47; R.S.S. 1940, c.166, s.47.
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Ouster for neglect of duty, etc.48(1) Any two or more resident ratepayers of a district included in a school division may at any time upon their several affidavits disclosing facts from which it appears that a member of a divisional board:
(a) is guilty of a violation of section 47 or of gross neglect of duty; or(b) has wilfully or negligently acted in contravention of any of the provisions of this Act or The School Act or of any regulations or orders made pursuant thereto; or(c) is for any other reason whatever, which reason need not be of a nature similar to those herein specified, unfit to act as a member of the divisional board;
and upon payment into court of the sum of $15 as security for costs, to abide the event of the application, apply ex parte to the judge of a district court for an order granting leave to serve a notice of motion directed to such member of the divisional board and returnable before the judge at such time and place as may be fixed by the order, requiring the person to whom the notice is directed to show cause why he should not be ousted from office. The notice shall be served in such manner as the judge may direct.(2) If upon the return of the notice it appears to the judge by affidavit or oral evidence that such member is for any of the above reasons unfit to act as a member of the divisional board, the judge shall make an order to that effect and thereupon such member shall become and be ousted from office.(3) The costs of the proceedings shall be paid by such person or persons as the judge may in his discretion direct.(4) A member so ousted from office shall not within three years thereafter be eligible for election as a member of a board of any school division.
1940, c.76, s.48; R.S.S. 1940, c.166, s.48.
VILLAGE, CONSOLIDATED AND SEPARATE SCHOOL DISTRICTS
Agreement with divisional board for inclusion in division49 Subject to the other provisions of this Act, the board of a division may enter into an agreement with the board of trustees of any village school district, separate school district or consolidated school district for the inclusion of such district in the division upon such terms as may be agreed upon, including provisions as to the rate of taxation to be imposed on the ratepayers of the district or any part thereof.
1940, c.76, s.49; R.S.S. 1940, c.166, s.49.
Copy of agreement forwarded to minister50 The board of trustees of a district which enters into such agreement shall forward a copy thereof to the minister.
1940, c.76, s.50; R.S.S. 1940, c.166, s.50.
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Order for inclusion of district where no demand for a vote51(1) If the minister approves the agreement, the board of trustees of the district shall cause to be prepared, in a form prescribed by the minister, a notice to the effect that unless the minister receives within twenty-one days after the date of the posting of the notice a demand in writing for the taking of a vote for or against the inclusion of the school district in the division from twenty-five per cent. of the resident ratepayers of the district, the district will be included in the school division, and the board of trustees shall cause a copy of such notice to be posted at not less than five conspicuous places in the district.(2) If no such demand is received by the minister within twenty-one days after the date of posting the notices, the minister may, without any further notice or action, by order include the district in the division.
1940, c.76, s.51; R.S.S. 1940, c.166, s.51.
Vote of resident ratepayers52 If a written demand, bearing the proper number of signatures, is delivered to the minister within twenty-one days after the date of posting the notices, the board of trustees shall, as soon as conveniently may be, cause a meeting of the resident ratepayers of the district to be held to vote for or against inclusion in the school division.
1940, c.76, s.52; R.S.S. 1940, c.166, s.52.
Procedure for taking vote53 All the provisions of The School Act relating to the conduct of a first school meeting and the taking of a poll thereat shall mutatis mutandis apply to the taking of a poll for the inclusion of a district in a school division.
1940, c.76, s.53; R.S.S. 1940, c.166, s.53.
Returns to minister54 Forthwith after every such meeting, the chairman thereof shall certify the result of the poll in the form prescribed by the minister, and shall send the returns by registered mail to the minister.
1940, c.76, s.54; R.S.S. 1940, c.166, s.54.
Order of minister for inclusion of district55 Upon being satisfied that the poll has been held substantially in accordance with the provisions of this Act and being that a majority of the votes cast have been cast in favour of inclusion in the school division, the minister may by order include the district in the school division, indicating the subdivision to which the district will belong.
1940, c.76, s.55; R.S.S. 1940, c.166, s.55.
Publication of order and effect thereof56(1) A notice of such order shall be published in the Gazette and upon such publication all the conditions precedent to the taking of the poll shall be deemed to have been fully complied with and the legality of such inclusion shall not be questioned in any way, and the terms of the said agreement shall be given full effect.
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(2) Any alteration in a division shall be effective as from the first day of January next following the date of the order.
1940, c.76, s.56; R.S.S. 1940, c.166, s.56.
Incorporation of village after establishment of division57 Notwithstanding the provisions of this Act, the fact that a village is erected within a school district in any school division at any time after the establishment of the division shall not have the effect of removing such district from the division.
1940, c.76, s.57; R.S.S. 1940, c.166, s.57.
TAXATION
Uniform annual tax throughout division58 Except as hereinafter provided, beginning with the first day of January next following the date of the order establishing the division, there shall be levied annually over the taxable property contained in the school districts in each school division a uniform tax the proceeds of which shall be sufficient to pay the salaries of the teachers employed in the division, the operation expenses of the schools in the division to the extent to which these are to be borne by the divisional board, the expenses incidental to the work and office of the board, and any other lawful expenditures of the board:Provided that for the purpose of creating and maintaining a cash reserve the divisional board may in its discretion increase the uniform tax annually by an amount not exceeding twenty per cent. of the estimated current requirements until a surplus equivalent to one year's expenditures of the board has been accumulated.
1940, c.76, s.58; R.S.S. 1940, c.166, s.58.
Uniform tax rate59 As early as possible in each year but not later than the first day of March the divisional board shall determine:
(a) the amount required to pay the teachers’ salaries for the year;
(b) the amount required to provide for such operation expenses of the school district as are to be paid from the funds of the division;(c) the amount of estimated expenses incidental to the work and office of the board and the estimated amount of other lawful expenditures of the board;(d) the aggregate amount to be levied in the division through the uniform tax;(e) the amount of property assessable for school purposes in the division;(f) the uniform tax rate in mills required to raise the levy referred to in clause (d).
1940, c.76, s.59; R.S.S. 1940, c.166, s.59.
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Levy of tax60 The council of every municipality with lands in a school division, and the board of trustees of every school district with lands outside a municipality but within a school division or the Minister of Municipal Affairs as the case may require, shall levy the uniform tax when advised of the uniform rate by the divisional board:Provided that the tax rate in a hamlet or village portion of a district in a school division shall be varied so as to bear the same ratio to the uniform tax rate outside the hamlet or village as the school rate in the hamlet or village last arrived at in accordance with section 41 or section 77 of The School Assessment Act bears to the rate in the rural portion of such district.
1940, c.76, s.60; R.S.S. 1940, c.166, s.60.
Municipal statements of equalized assessments of school districts61 It shall be the duty of the secretary of a municipality to furnish the divisional board not later than the first day of March in each year a certified statement of the equalized assessment of each school district or portion thereof within the municipality and contained in a school division, and it shall be the duty of the secretary of any school district or of the Minister of Municipal Affairs, as the case may require, to furnish such statement for any portion of the district outside a municipality and within a school division.
1940, c.76, s.61; R.S.S. 1940, c.166, s.61.
Payment to division of uniform school taxes as collected62 The taxing authorities referred to in section 60 shall respectively keep a record of the uniform school taxes received from each taxable parcel in that part of the municipality in a school division or in that part of a school district outside a municipality but in a school division, as the case may be, and shall pay the proceeds of the uniform tax over to the treasurer of the division from time to time as such taxes are collected.
1940, c.76, s.62; R.S.S. 1940, c.166, s.62.
Requisition for and payment to division of local school district tax63(1) Upon receipt of the statement of the estimated expenditures of a district referred to in section 38 the divisional board may, in its discretion and upon receipt of such additional information as it may require, alter or vary, increase or decrease such estimated expenditures.(2) When the amount to be levied for the purposes of a district has been determined, the divisional board shall transmit a requisition on behalf of the district to each municipality in which any part of the district is situated and, if necessary, to the Minister of Municipal Affairs.(3) The taxing authorities, upon receipt of such requisition, shall make provision for payment of the same by the imposition of a tax to be known as the local school district tax levied over the assessable property in the district and the proceeds of such tax shall be paid over to the divisional board from time to time as collected.
1940, c.76, s.63; R.S.S. 1940, c.166, s.63.
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Municipal tax records64 In the tax rolls and records of each municipality concerned or in the Department of Municipal Affairs, as the case may be, a separate and distinct account shall be kept of all taxes levied, collected and paid to the divisional board under the provisions of this Act.
1940, c.76, s.64; R.S.S. 1940, c.166, s.64.
Application of municipal Acts65 The provisions of the appropriate municipal Acts respecting the levy and collection of school taxes shall apply mutatis mutandis to the levy and collection of school taxes authorized by this Act.
1940, c.76, s.65; R.S.S. 1940, c.166, s.65.
Trust account for each district in division66 The divisional board shall cause to be kept in the office of the division a separate and distinct account for each district of the proceeds of the local school district tax and such proceeds shall be deposited in a chartered bank in trust for the district.
1940, c.76, s.66; R.S.S. 1940, c.166, s.66.
Application of proceeds of local district tax67 The proceeds of the local school district tax shall be disbursed by the divisional board only for the purposes of the school district concerned and the divisional board shall upon request, and at least annually, furnish the board of trustees with a statement of all receipts and expenditures on account of the local school district tax.
1940, c.76, s.67; R.S.S. 1940, c.166, s.67.
Municipal payments to school division68 All funds held by a municipality to the credit of any school district included in a division, and all collections by the municipality or the Minister of Municipal Affairs of arrears of taxes levied in respect of any school district included in a division shall be payable to the divisional board for the account of the school district.
1940, c.76, s.68; R.S.S. 1940, c.166, s.68.
GRANTS
Payment of school grants to divisional board69 After the establishment of a division the grants per teaching day which are payable to a district under The School Grants Act shall, in the case of a school district in a division, be payable to the divisional board.
1940, c.76, s.69; R.S.S. 1940, c.166, s.69.
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BORROWING POWERS OF THE BOARD
Loans on security of taxes70 The divisional board may from time to time by resolution authorize its chairman and treasurer to borrow such sums of money as may be required to meet the expenditures of the board until the proceeds of taxes are available. Such loan shall be paid out of and shall be a first charge upon the uniform tax levy for the year in which the loan was made and may be secured by the promissory note or notes of the chairman and treasurer given on behalf of the board; and the divisional board may also borrow in the same manner for the account of a school district in the division on the security of the local school district tax.
1940, c.76, s.70; R.S.S. 1940, c.166, s.70.
Loans on security of school grants71 The divisional board may by resolution authorize chairman and treasurer to borrow on the security of legislative grants to schools in the division.
1940, c.76, s.71; R.S.S. 1940, c.166, s.71.
SUPERVISION
Divisional superintendent of schools72(1) Upon the establishment of a school division the minister shall appoint a superintendent of schools for the division and shall assign to him his duties.(2) The superintendent shall exercise general supervision over all schools and teachers in the division and over the work of the secretary treasurer and office of the divisional board. He shall confer with the divisional board in matters pertaining to education in the division and shall advise the board thereon, and shall attend all meetings of the divisional board.
1940, c.76, s.72; R.S.S. 1940, c.166, s.72.
MISCELLANEOUS
Regulations73(1) The minister may from time to time by order make regulations governing procedure to be followed in respect of any proceeding or thing authorized by this Act in any case where the provisions of this Act are in the opinion of the minister insufficient or inapplicable.(2) Every order made pursuant to this section shall be published in the Gazetteand upon such publication shall have the same force and effect as if enacted by this Act.(3) If default is made in electing any member of the board of a division or a trustee of a school district contained in a division or in making the appointment of any officer which any such board is required to make by this Act, the minister may by writing appoint a person as a member of the board, trustee of the school district or officer, as the case may be, and the person so appointed shall hold office for the same term and subject to the same conditions as if he had been duly elected or appointed pursuant to the other provisions of this Act.
1940, c.76, s.73; R.S.S. 1940, c.166, s.73.
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Act and regulations govern in case of conflict74 In case of a conflict between the provisions of this Act or any regulation made pursuant to section 73 and the provisions of any other Act or regulation, then the provisions of this Act or any regulation made thereunder shall prevail.
1940, c.76, s.74; R.S.S. 1940, c.166, s.74.
Rights of minorities not affected75 Nothing in this Act shall affect any right conferred by The School Act upon any minority of ratepayers in any district, whether Protestant or Roman Catholic, to establish a separate school therein.
1940, c.76, s.75; R.S.S. 1940, c.166, s.75.
Application of School Act, etc.76 The provisions of The School Act and of any Act relating to public school districts shall apply, except in so far as inconsistent herewith.
