PART II SCHOOL ATTENDANCE
Resident pupil qualification, secondary
36 (1) A person is qualified to be a resident pupil in respect of a secondary school district of an English-language public district school board or of a public school authority if,
 (a) the person and the person’s parent or guardian who is not a separate school supporter or a French-language district school board supporter reside in the secondary school district; (a.1) subject to any regulations made under section 43.3, the person is 16 or 17 years of age, has withdrawn from parental control and resides in the secondary school district; (b) the person is an English-language public board supporter and resides in the secondary school district and is an owner or tenant of residential property in the secondary school district that is separately assessed; or (c) the person is not a supporter of any board, is at least 18 years of age and resides in the secondary school district.  1997, c. 31, s. 17; 2006, c. 28, s. 8 (1, 2); 2021, c. 4, Sched. 11, s. 7 (1). Resident pupil qualification: secondary French-language public district school boards (2) A person is qualified to be a resident pupil in respect of a secondary school district of a French-language public district school board if, (a) the person is a French-speaking person, the person and the person’s parent or guardian reside in the secondary school district and, (i) the person’s parent or guardian is a supporter of the French-language public district school board, or (ii) the person’s parent or guardian is not in respect of that residence a supporter of any board; (a.1) subject to any regulations made under section 43.3, the person is 16 or 17 years of age, has withdrawn from parental control, is a French-speaking person and resides in the secondary school district; (b) the person is a French-language public district school board supporter and resides in the secondary school district and is an owner or tenant of residential property in the secondary school district that is separately assessed; or (c) the person is a French-speaking person, is not a supporter of any board, is at least 18 years of age and resides in the secondary school district.  1997, c. 31, s. 17; 2006, c. 28, s. 8 (3, 4); 2021, c. 4, Sched. 11, s. 7 (1). Resident pupil qualification: secondary English-language separate district school boards (3) A person is qualified to be a resident pupil in respect of a separate school zone of an English-language separate district school board for secondary school purposes if, (a) the person and the person’s parent or guardian who is a separate school supporter and is not a French-language district school board supporter reside in the separate school zone; (a.1) subject to any regulations made under section 43.3, the person is 16 or 17 years of age, has withdrawn from parental control, is a Roman Catholic and resides in the separate school zone; (b) the person is a separate school supporter and is not a French-language district school board supporter and resides in the separate school zone and is an owner or tenant of residential property in the zone that is separately assessed; or (c) the person is a Roman Catholic, is not a supporter of any board, is at least 18 years of age and resides in the secondary school district.  1997, c. 31, s. 17; 2006, c. 28, s. 8 (5, 6); 2021, c. 4, Sched. 11, s. 7 (1). Resident pupil qualification: secondary French-language separate district school boards (4) A person is qualified to be a resident pupil in respect of a separate school zone of a French-language separate district school board for secondary school purposes if, (a) the person and the person’s parent or guardian who is a French-language separate district school board supporter reside in the separate school zone; (a.1) subject to any regulations made under section 43.3, the person is 16 or 17 years of age, has withdrawn from parental control, is a French-speaking person and a Roman Catholic and resides in the separate school zone; (b) the person is a French-language separate district school board supporter and resides in the separate school zone and is an owner or tenant of residential property in the zone that is separately assessed; or (c) the person is a French-speaking person and a Roman Catholic, is not a supporter of any board, is at least 18 years of age and resides in the secondary school district.  1997, c. 31, s. 17; 2006, c. 28, s. 8 (7, 8); 2021, c. 4, Sched. 11, s. 7 (1). Resident pupil, secondary (5) A person who is qualified to be a resident pupil in respect of a secondary school district or a separate school zone is a resident pupil if the person enrols in a secondary school operated by the board of the secondary school district or separate school zone, as the case may be, or in a secondary school operated by another board, (a) to which the board of the secondary school district or separate school zone pays fees on the person’s behalf; or (b) with which the board of the secondary school district or separate school zone has an agreement relating to the provision of education to the person.  1997, c. 31, s. 17. Certain elementary-only school authorities (6) Subject to subsection (7), where a person is qualified to be a resident pupil of a school authority, other than a public school authority, that provides elementary education only, and the area of jurisdiction of the school authority is the same in whole or in part as the area of jurisdiction of a public district school board, the pupil shall be admitted to a secondary school operated by the public district school board or to a secondary school operated by another board, (a) to which the first-mentioned district school board pays fees on the person’s behalf; or (b) with which the first-mentioned district school board has an agreement relating to the provision of education to the person.  1997, c. 31, s. 17. French-speaking persons (7) Only a French-speaking person may be admitted to a school of a French-language public district school board under subsection (6).  1997, c. 31, s. 17. Evidence as to right to attend (8) It is the responsibility of the person or the person’s parent or guardian to submit evidence that the person has a right to attend a secondary school.  1997, c. 31, s. 17; 2021, c. 4, Sched. 11, s. 7 (1). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 17 - 01/01/1998 2006, c. 28, s. 8 (1-8)
- 20/12/2006 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021