PART VI BOARDS
Admission to prescribed schools
185 (1) A board shall provide for the admission of a pupil of the board or a prescribed person to a prescribed school if the following conditions are met: 1. The prescribed school is operated by a band, a council of a band, the Crown in right of Canada, a prescribed entity or an education authority that is authorized by a band or a council of a band or by the Crown in right of Canada. 2. The board has received written notice from the entity that operates the prescribed school that the entity intends to admit one or more pupils or prescribed persons to the prescribed school. 3. The board has received written notice that one or more pupils or prescribed persons intend to attend the prescribed school from, i. the parent or guardian of each pupil or person, ii. each pupil or person, if they are 16 or 17 years of age and have withdrawn from parental control, iii. each pupil or person, if they are at least 18 years of age, or iv. a person who is prescribed for the purpose of giving written notice in respect of a pupil or person. 4. The notices referred to in paragraphs 2 and 3 shall, i. specify the intended admission date of the pupil or prescribed person to the prescribed school, and ii. comply with any policies or guidelines issued by the Minister pursuant to subsection (2). 2018, c. 8, Sched. 9, s. 2; 2020, c. 18, Sched. 5, s. 3 (1). Policies and guidelines (2) The Minister may establish policies and guidelines with respect to the manner of giving, content of and form of any written notices referred to in this section. 2018, c. 8, Sched. 9, s. 2. Non-application of Legislation Act, 2006, Part III (3) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to policies and guidelines established by the Minister under this section. 2018, c. 8, Sched. 9, s. 2. Date of admission (4) The board shall provide for the admission of a pupil or prescribed person on the later of, (a) the admission date specified in the notice provided by the entity that operates the prescribed school under paragraph 2 of subsection (1); and (b) the admission date specified in the notice provided by the parent, guardian, pupil or person, as the case may be, under paragraph 3 of subsection (1). 2018, c. 8, Sched. 9, s. 2. Prescribed fee (5) If the board provides for the admission of a pupil or prescribed person to a prescribed school under subsection (1), the board shall, in accordance with the regulations, pay the prescribed fee. 2018, c. 8, Sched. 9, s. 2. Additional funds (6) The board may provide funds in addition to the prescribed fee to an entity that operates a prescribed school if the following requirements are met: 1. The board enters into an agreement with the entity in accordance with any prescribed process. 2. The agreement contains, i. the additional funds to be paid by the board, and ii. any terms and conditions that are required by regulation to be included in such an agreement. 2018, c. 8, Sched. 9, s. 2. Obligations (7) Where the pupil of a board or a prescribed person attends a prescribed school, the board is deemed to have met its obligations under paragraph 6 of subsection 170 (1). 2018, c. 8, Sched. 9, s. 2. Set-off (8) Despite subsection (5), if a board is owed fees under section 188 by an entity referred to in subparagraph 1 ii of subsection 188 (1), the board may, in the prescribed circumstances and subject to any conditions or restrictions prescribed in the regulations, reduce the fees that it pays to that entity in accordance with the regulations. 2018, c. 8, Sched. 9, s. 2. Transition (9) Any agreement entered into under section 185 as it read immediately before section 2 of Schedule 9 to the Plan for Care and Opportunity Act (Budget Measures), 2018
comes into force shall, (a) remain in effect until the earlier of the day it expires or the day prescribed by regulation; and (b) be subject to any restrictions or conditions prescribed in the regulations. 2018, c. 8, Sched. 9, s. 2. Regulations (10) The Lieutenant Governor in Council may make regulations, (a) prescribing the persons who may attend a prescribed school; (b) prescribing schools for the purposes of this section; (c) prescribing the entities that may operate a prescribed school; (c.1) prescribing persons for the purposes of subparagraph 3 iv of subsection (1) who may provide written notice in respect of a pupil or person and governing the conditions under which notice may be provided by such a person; (c.2) authorizing personal information within the meaning of section 28 of the Municipal Freedom of Information and Protection of Privacy Act to be collected by boards, for the purpose of administering and implementing this section, in a manner other than directly from the individual to whom the information relates and regulating the manner in which the information is collected; (d) prescribing fees payable by a board under this section; (e) respecting the process and timing for paying any prescribed fees; (f) respecting the process for entering into an agreement referred to in subsection (6); (g) prescribing the terms and conditions that are required to be included in an agreement referred to in subsection (6); (h) prescribing the circumstances in which the board may reduce the fees it pays, conditions and restrictions on reducing the fees it pays and the process for determining any reduction; (i) providing for and governing any transitional matters that the Lieutenant Governor in Council considers necessary or advisable in connection with agreements under this section, including prescribing any restrictions or conditions that will apply to such agreements. 2018, c. 8, Sched. 9, s. 2; 2020, c. 18, Sched. 5, s. 3 (2). Same (11) A regulation made under clause (10) (d) may be made to apply with respect to any period specified in the regulation, including a period before the regulation is made. 2018, c. 8, Sched. 9, s. 2. Prescribed entities (12) An entity shall not be prescribed as an entity that may operate a prescribed school under clause (10) (c) unless the entity has been authorized to provide primary or secondary education by a band or a council of a band or by the Crown in right of Canada. 2018, c. 8, Sched. 9, s. 2. Interpretation (13) For the purposes of this section, “prescribed school” means a school that is prescribed under clause (10) (b). 2018, c. 8, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 93 - 01/01/1998 2006, c. 10, s. 13
- 01/06/2006 2018, c. 8, Sched. 9, s. 2 - 01/09/2019 2020, c. 18, Sched. 5, s. 3 (1, 2) - 21/07/2020