HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Independent School Act

1 Section 5 (2) (a) of the Independent School Act, R.S.B.C. 1996, c. 216, is amended by adding "other than standards respecting continuing education activities within the meaning of the Teachers Act," after "to maintain an independent school teaching certificate,".

School Act

2 Section 1 of the School Act, R.S.B.C. 1996, c. 412, is amended

(a) by repealing the definitions of "achievement contract", "district literacy plan", "francophone literacy plan" and "school planning council",

(b) by repealing the definition of "administrative directive" and substituting the following:

"administrative directive" means an administrative directive issued by the minister under section 168.03 or 168.04; , and

(c) by repealing the definition of "superintendent of achievement" and substituting the following:

"superintendent of appeals" means the person designated or appointed by the minister under section 11.1 (0.1); .

3 Section 1 is amended

(a) by repealing the definition of "administrative directive" and substituting the following:

"administrative directive" means an administrative directive issued by the minister under section 168.03; , and

(b) by adding the following definition:

"designated service provider" means a person designated by the minister under section 168 (2) (s.3); .

4 Section 1 is amended by adding the following definition:

"personal information" means recorded information about an identifiable individual; .

5 Section 7 (1) is amended by adding "and" at the end of paragraph (a) and by repealing paragraph (b).

6 Section 8 is amended

(a) by repealing subsection (4) and substituting the following:

(4) A parents' advisory council, through its elected officers, may advise the board and the principal and staff of the school or the Provincial school respecting any matter relating to the school or the Provincial school. ,

(b) in subsection (5) by adding "and" at the end of paragraph (a) and by repealing paragraph (b), and

(c) in subsection (6) by striking out "subsection (5) (b) and (c)" and substituting "subsection (5) (c)".

7 Sections 8.1 and 8.2 are repealed.

8 Section 8.3 is repealed and the following substituted:

School plan

8.3  (1) In each school year, a board must approve a school plan for every school in the school district.

(2) A board must make a school plan approved under subsection (1) available to the parents of students attending that school.

9 Section 11.1 is amended

(a) by adding the following subsections:

(0.1) The minister may

(a) designate an individual appointed under the Public Service Act, or

(b) appoint, by order, an individual who is not appointed under the Public Service Act

as a superintendent of appeals to hear an appeal under this section.

(0.2) The Public Service Act and the Public Service Labour Relations Act do not apply to an individual appointed under subsection (0.1) (b). , and

(b) in subsections (1) and (3) by striking out "superintendent of achievement" and substituting "superintendent of appeals".

10 Sections 11.2, 11.3, 11.4 (1), 11.6, 11.7 and 11.8 are amended by striking out "superintendent of achievement" wherever it appears and substituting "superintendent of appeals".

11 Section 22 is amended

(a) in subsection (1) by adding "and" at the end of paragraph (b) (iii) and by repealing paragraph (b.1), and

(b) by repealing subsection (3).

12 Section 74 (1) is amended by striking out "A board" and substituting "Subject to the orders of the minister, a board".

13 Section 74.01 (1) and (2) is amended by striking out "school planning council" and substituting "parents' advisory council".

14 Sections 79.2, 79.3, 79.4 and 81.1 are repealed.

15 Section 82.1 is amended

(a) by repealing subsection (2) (a) and substituting the following:

(a) the board has consulted with the parents' advisory council for the school where the board proposes to offer the specialty academy, and , and

(b) in subsection (6) (a) and (b) by striking out "school planning council" and substituting "parents' advisory council".

16 Section 86 is amended

(a) by repealing subsection (1) (a) and substituting the following:

(a) enter into an agreement to purchase or provide procurement, managerial, administrative or other services, , and

(b) by adding the following subsection:

(6) For the purposes of subsection (1), if the minister has made an applicable order under section 168 (2) (s.3), a board may enter into an agreement only with a designated service provider.

17 Section 95.11 (2) is amended by striking out "prescribed under this Act" and substituting "prescribed by the Lieutenant Governor in Council under this Act".

18 Section 112 (7) is amended by striking out "any other prescribed information" and substituting "any other information prescribed by the Lieutenant Governor in Council".

19 Section 124 is amended

(a) by repealing subsection (2) (a) and substituting the following:

(a) installments prescribed by regulation of the Lieutenant Governor in Council, and , and

(b) in subsection (10) by striking out "a prescribed administration fee" and substituting "an administration fee prescribed by the Lieutenant Governor in Council".

20 Section 128 (5) (b) is amended by striking out "the prescribed form" and substituting "a form prescribed by the Lieutenant Governor in Council".

21 Section 143 (2) (b) is amended by striking out "prescribed by the regulations," and substituting "prescribed by the Lieutenant Governor in Council,".

22 Section 166.211 is repealed.

23 Section 166.27 is amended

(a) in subsection (2) by adding "and" at the end of paragraph (b) (iii) and by repealing paragraph (b.1), and

(b) by repealing subsection (2.1).

24 Section 166.4 (1) is amended by striking out "sections 79.1, 81.1 and" and substituting "sections 79.1 and".

25 Section 166.431 is repealed and the following substituted:

Appointment of special advisor or special advisory
committee to francophone school district

166.431  (1) The minister, by order, may appoint a special advisor or a special advisory committee to one or more francophone school districts, for a term determined by the minister,

(a) to review the progress of the francophone education authority or francophone education authorities in respect of the improvement of student performance or to inspect and evaluate any other matters as directed by the minister,

(b) to assist the francophone education authority or francophone education authorities in the conduct of the affairs of the francophone school district or francophone school districts in respect of any educational, financial or community matters, or

(c) if the minister considers that

(i) a directeur général of a francophone education authority has failed to report to the commissioner a matter that, in the opinion of the minister, should have been reported under section 16,

(ii) a francophone education authority has failed to notify a directeur général of a francophone education authority of a matter that, in the opinion of the minister, should have been the subject of a notice under section 16 (3),

(iii) a francophone education authority has failed to report to the commissioner a matter that, in the opinion of the minister, should have been reported under section 16.1, or

(iv) a francophone education authority has failed to submit to the director of certification information as required under section 80 [employers list] of the Teachers Act,

to investigate the circumstances of the failure.

(2) The special advisor or special advisory committee must

(a) submit a report to the minister in respect of anything resulting from carrying out the duties under subsection (1), and

(b) provide to the commissioner a copy of the report if the report relates to a matter described in subsection (1) (c).

(3) At the request of the minister, a report under subsection (2) must include recommendations about student performance and the conduct of the francophone education authority or francophone education authorities in respect of any educational, financial or community matters.

(4) With the approval of the minister, a special advisor and special advisory committee may

(a) appoint employees necessary for performing the duties of the special advisor or special advisory committee,

(b) engage and retain specialists and consultants to carry out the duties of the special advisor or special advisory committee, as required, and

(c) determine the remuneration of persons appointed or retained under paragraph (a) or (b) of this subsection.

(5) The minister, by order, may require the francophone education authority or francophone education authorities to do one or more of the following:

(a) pay the remuneration of the special advisor or members of the special advisory committee appointed under subsection (1) and any person appointed or retained under subsection (4) (a) or (b), at the rate determined by the minister;

(b) pay the expenses of the special advisor or members of the special advisory committee;

(c) implement one or more recommendations set out in a report under subsection (2) within the time period specified by the minister.

(6) The minister may provide a direction to the special advisor, the special advisory committee or a francophone education authority respecting the duties of the special advisor or special advisory committee.

26 Section 166.432 is amended by striking out "A special advisor" and substituting "A special advisor or a member of a special advisory committee".

27 Section 166.433 is amended by striking out "special advisor" in both places and substituting "special advisor or special advisory committee".

28 The following section is added:

Administrative directives

166.47  Section 168.03 applies for the purposes of this Part.

29 Section 166.47 is repealed and the following substituted:

Administrative directives

166.47  Sections 168.03 and 168.04 apply for the purposes of this Part.

30 Section 168 (2) is amended

(a) by repealing paragraph (r), and

(b) in paragraph (s) by adding "or special advisory committee" after "special advisor".

31 Section 168 is amended

(a) in subsection (2) by striking out "and" at the end of paragraph (s.2) and by adding the following paragraph:

(s.3) for the purpose of section 86 (6), designating one or more persons, including a board, who provide procurement, managerial, administrative or other services as a designated service provider, specifying the service with respect to which a person is a designated service provider and specifying one or more boards with respect to which a person is a designated service provider, and , and

(b) by adding the following subsection:

(2.2) An order made under subsection (2) (s.3) may

(a) establish different classes of boards, designated service providers and services, and

(b) make different provisions for a board, designated service provider or service or a class established under paragraph (a).

32 The following section is added:

Administrative directives

168.03  (1) The minister may, by order, issue an administrative directive to a board if the minister believes

(a) the board is failing or has failed to meet its obligations under the Act, or

(b) it is in the public interest to do so.

(2) A board that is subject to an administrative directive under subsection (1) may exercise its powers under this or any other Act only in accordance with the terms and conditions of the administrative directive.

(3) During the period of time that a board is subject to an administrative directive, the board may be exempted from the application of any or all of the following:

(a) a regulation of the Lieutenant Governor in Council under this Act, by order of the Lieutenant Governor in Council;

(b) a regulation of the minister, by order of the minister;

(c) a ministerial order, by the administrative directive.

(4) Failure of a board to comply with an administrative directive under subsection (1) is grounds for the appointment of an official trustee.

33 The following section is added:

Administrative directives – projects

168.04  (1) The minister may, by order, issue an administrative directive to a board to enable the board to participate in or undertake a project in respect of the improvement of student performance or another matter specified by the minister.

(2) During the period of time that a board is subject to an administrative directive, the board may be exempted from the application of any or all of the following:

(a) a regulation of the Lieutenant Governor in Council under this Act, by order of the Lieutenant Governor in Council;

(b) a regulation of the minister, by order of the minister;

(c) a ministerial order, by the administrative directive.

34 Section 170 is repealed and the following substituted:

Student personal information

170  (1) A public body as defined in the Freedom of Information and Protection of Privacy Act must not disclose any personal information contained in a student record except for one of the following purposes:

(a) a purpose authorized under the Freedom of Information and Protection of Privacy Act;

(b) to ensure efficient and effective use of grants paid under sections 114 and 115 of this Act and under sections 12 and 13 of the Independent School Act;

(c) to evaluate the effectiveness of boards, francophone education authorities and authorities governed by the Independent School Act and the programs, courses and curricula delivered by them.

(2) For the purposes of this section, "student record" includes a student record under the Independent School Act.

35 Section 170.1 (3) is repealed.

36 Section 170.2 is amended

(a) in subsection (1) by repealing paragraph (c) in the definition of "public post-secondary institution",

(b) in subsection (2) (a) by striking out "under section 170.1" and substituting "under this Act", and

(c) by repealing subsections (4) and (5) and substituting the following:

(4) The personal information of a student obtained by the minister under

(a) section 41.1 (5) of the College and Institute Act,

(b) section 70.1 (2) of the University Act, as it applies under section 16 of the Royal Roads University Act,

(c) section 70.1 (2) of the University Act, or

(d) section 70.1 (2) of the University Act, as it applies under section 4 of the Thompson Rivers University Act

may be used only for the following purposes:

(e) evaluating the effectiveness of boards, francophone education authorities and authorities governed by the Independent School Act and the programs, courses and curricula delivered by them;

(f) conducting research and statistical analysis as authorized under the Freedom of Information and Protection of Privacy Act.

(5) The personal information of a student obtained under this section by the minister responsible for public post-secondary institutions may be used only for the following purposes:

(a) conducting research and statistical analysis relating to students, including research and analysis as authorized under the Freedom of Information and Protection of Privacy Act;

(b) delivering a common or integrated program or activity within the meaning of section 33.2 (d) of the Freedom of Information and Protection of Privacy Act;

(c) facilitating the administration of the BC Student Assistance Program by the minister responsible for the program;

(d) conducting research and statistical analysis related to the BC Student Assistance Program;

(e) evaluating the effectiveness of the BC Student Assistance Program.

37 Section 170.5 is repealed.

38 Section 171 is repealed and the following substituted:

Education advisory council

171  (1) The minister may appoint one or more education advisory councils to advise the minister on policy matters respecting education.

(2) The members of an education advisory council must be appointed for the term and in the manner determined by the minister.

(3) The minister may determine how frequently an education advisory council meets.

(4) If a member of an education advisory council is not an individual, the member must appoint an individual to represent the member at meetings of the council.

(5) The Lieutenant Governor must prescribe the terms of reference of an education advisory council.

39 The heading to Division 2.1 of Part 9 is repealed and the following substituted:

Division 2.1 – Special Advisor and Special Advisory Committee .

40 Section 171.1 is repealed and the following substituted:

Appointment of special advisor or
special advisory committee

171.1  (1) The minister, by order, may appoint a special advisor or a special advisory committee to one or more school districts, for a term determined by the minister,

(a) to review the progress of the board or boards in respect of the improvement of student performance or to inspect and evaluate any other matters as directed by the minister,

(b) to assist the board or boards in the conduct of the affairs of the school district or school districts in respect of any educational, financial or community matters, or

(c) if the minister considers that

(i) a superintendent of schools has failed to report to the commissioner a matter that, in the opinion of the minister, should have been reported under section 16,

(ii) a board has failed to notify a superintendent of schools of a matter that, in the opinion of the minister, should have been the subject of a notice under section 16 (3),

(iii) a board has failed to report to the commissioner a matter that, in the opinion of the minister, should have been reported under section 16.1, or

(iv) a board has failed to submit to the director of certification information as required under section 80 [employers list] of the Teachers Act,

to investigate the circumstances of the failure.

(2) The special advisor or special advisory committee must

(a) submit a report to the minister in respect of anything resulting from carrying out the duties under subsection (1), and

(b) provide to the commissioner a copy of the report if the report relates to a matter described in subsection (1) (c).

(3) At the request of the minister, a report under subsection (2) (a) must include recommendations about student performance and the conduct of the board or boards in respect of any educational, financial or community matters.

(4) With the approval of the minister, a special advisor and a special advisory committee may

(a) appoint employees necessary for performing the duties of the special advisor or special advisory committee,

(b) engage and retain specialists and consultants to carry out the duties of the special advisor or special advisory committee, as required, and

(c) determine the remuneration of persons appointed or retained under paragraph (a) or (b) of this subsection.

(5) The minister, by order, may require the board or boards to do one or more of the following:

(a) pay the remuneration of the special advisor or members of the special advisory committee appointed under subsection (1) and any person appointed or retained under subsection (4) (a) or (b), at the rate determined by the minister;

(b) pay the expenses of the special advisor or members of the special advisory committee;

(c) implement one or more of the recommendations set out in a report under subsection (2) within the time period specified by the minister.

(6) The minister may provide a direction to the special advisor, the special advisory committee or a board respecting the duties of the special advisor or special advisory committee.

41 Section 171.2 is amended by striking out "A special advisor" and substituting "A special advisor or a member of a special advisory committee".

42 Section 171.3 is amended by striking out "special advisor" in both places and substituting "special advisor or special advisory committee".

43 Division 2.2 of Part 9 is repealed.

44 Section 172 (1) (f) is amended by striking out "section 79.4" and substituting "section 168.03 (1)".

45 Section 175 (2) is amended

(a) in paragraph (l) by striking out "79.2 (2),", and

(b) in paragraph (r) by striking out "superintendent of achievement" and substituting "superintendent of appeals".

School (Student Achievement Enabling) Amendment Act, 2007

46 Section 37 (c) of the School (Student Achievement Enabling) Amendment Act, 2007, S.B.C. 2007, c. 29, is repealed.

Teachers Act

47 Section 1 of the Teachers Act, S.B.C. 2011, c. 19, is amended by adding the following definition:

"continuing education activity" means

(a) participating in or presenting a training or educational program, course or seminar,

(b) providing mentoring, or

(c) participating in a similar learning activity

that is relevant to the training or qualifications of certificate holders; .

48 Section 13 (d) (i) is amended by adding "other than standards respecting continuing education activities," after "to maintain a certificate of qualification,".

49 The following Part is added:

Part 4.1 – Continuing Professional Development

Definitions

36.01  In this Part:

"approved continuing education activity" means a continuing education activity approved by the director of certification under section 36.03 (a);

"continuing professional development" means the following:

(a) completion of the minimum number of hours of approved continuing education activities prescribed by the minister under section 36.02 (1) (b);

(b) completion of the minimum number of hours of approved continuing education activities in one or more specified categories of continuing education activities prescribed by the minister under section 36.02 (1) (c);

(c) completion of an approved continuing education activity specified by the minister under section 36.02 (1) (d);

"school year" has the same meaning as in the School Act.

Minister's regulations – continuing
professional development

36.02  (1) The minister may make regulations for the purposes of this Part and, without restriction, may make regulations as follows:

(a) establishing categories of continuing education activities;

(b) specifying the minimum number of hours of approved continuing education activities that a certificate holder must complete each school year;

(c) specifying the minimum number of hours of approved continuing education activities in one or more specified categories of continuing education that a certificate holder must complete each school year;

(d) specifying an approved continuing education activity that a certificate holder must complete in a school year;

(e) exempting a class of certificate holders from all or part of the requirements for continuing professional development.

(2) A regulation of the minister under this section may

(a) make different provisions for different school years and for a class of certificate holders, and

(b) establish classes for the purpose of paragraph (a).

Powers and duties of director of certification
– continuing professional development

36.03  The director of certification may do one or more of the following in respect of continuing education activities:

(a) approve a continuing education activity as an approved continuing education activity;

(b) establish and administer a process by which a certificate holder may apply to have a continuing education activity approved as an approved continuing education activity;

(c) establish and administer a process by which a certificate holder may apply for an exemption from or a reduction in the requirements for continuing professional development;

(d) establish and administer a process by which completion by a certificate holder of the requirements for continuing professional development is verified.

50 The following section is added to Part 8:

Application of Offence Act

85.1  Section 5 of the Offence Act does not apply to this Act or the regulations.

Transitional Provision

School Act transition – special advisor

51  (1) In this section, "former special advisor legislation" means sections 166.431 to 166.433 and Division 2.1 of Part 9 of the School Act as those provisions read immediately before being amended by this Act.

(2) If, on the date this section comes into force,

(a) a special advisor appointed under the former special advisor legislation has not completed his or her duties and responsibilities under the former special advisor legislation, or

(b) a francophone education authority or board has not completed its duties or responsibilities under the former special advisor legislation,

the former special advisor legislation continues to apply until the duties and responsibilities of the special advisor, francophone education authority or board, as applicable, are completed.

Consequential Amendment

Advanced Education Statutes Amendment Act, 2011

52 Sections 35, 36, 38 and 39 of the Advanced Education Statutes Amendment Act, 2011, S.B.C. 2012, c. 7, are repealed.

Commencement

53  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

 
Explanatory Notes

SECTION 1: [Independent School Act, section 5] provides that the committee may not make standards respecting continuing education activities.

SECTION 2: [School Act, section 1] deletes a number of definitions, replaces the definition of "administrative directive", and adds a definition of "superintendent of appeals".

SECTION 3: [School Act, section 1] replaces the definition of "administrative directive" and adds a definition of "designated service provider".

SECTION 4: [School Act, section 1] adds a definition of "personal information".

SECTION 5: [School Act, section 7] deletes references to school plan and achievement contract.

SECTION 6: [School Act, section 8] deletes references to the school planning council.

SECTION 7: [School Act, sections 8.1 and 8.2] deletes references to the school planning council.

SECTION 8: [School Act, section 8.3] deletes references to the school planning council.

SECTION 9: [School Act, section 11.1]

• provides that the minister may designate or appoint a superintendent of appeals;
• replaces references to the superintendent of achievement with references to the superintendent of appeals.

SECTION 10: [School Act, sections 11.2, 11.3, 11.4, 11.6, 11.7 and 11.8] replaces references to the superintendent of achievement with references to the superintendent of appeals.

SECTION 11: [School Act, section 22] deletes references to reports on student achievement and to the superintendent of achievement.

SECTION 12: [School Act, section 74] makes the provision subject to the orders of the minister.

SECTION 13: [School Act, section 74.01] replaces references to the school planning council with references to the parents' advisory council.

SECTION 14: [School Act, sections 79.2, 79.3, 79.4 and 81.1] deletes references to achievement contracts, reports on student achievement, administrative directives and district literacy plans.

SECTION 15: [School Act, section 82.1] replaces references to the school planning council with references to the parents' advisory council.

SECTION 16: [School Act, section 86]

• provides that a board may enter into agreements to purchase or provide procurement, managerial, administrative or other services;
• provides that, if the minister has made an applicable order, a board may enter into an agreement only with a designated service provider.

SECTION 17: [School Act, section 95.11] clarifies the regulation-making authority.

SECTION 18: [School Act, section 112] clarifies the regulation-making authority.

SECTION 19: [School Act, section 124] clarifies the regulation-making authority.

SECTION 20: [School Act, section 128] clarifies the regulation-making authority.

SECTION 21: [School Act, section 143] clarifies the regulation-making authority.

SECTION 22: [School Act, section 166.211] deletes references to francophone literacy plans.

SECTION 23: [School Act, section 166.27] deletes references to reports on student achievement and to the superintendent of achievement.

SECTION 24: [School Act, section 166.4] is consequential to amendments made to the Act by this Bill.

SECTION 25: [School Act, section 166.431]

• deletes references to achievement contracts;
• provides that a special advisor or special advisory committee may be appointed to one or more francophone school districts;
• provides that a special advisor or special advisory committee must make recommendations as directed by the minister and that a francophone education authority must implement the recommendations.

SECTION 26: [School Act, section 166.432] adds a reference to a special advisory committee.

SECTION 27: [School Act, section 166.433] adds references to a special advisory committee.

SECTION 28: [School Act, section 166.47] applies section 168.03, as added to the Act by this Bill, to a francophone education authority.

SECTION 29: [School Act, section 166.47] adds a reference to section 168.04, as added to the Act by this Bill.

SECTION 30: [School Act, section 168]

• deletes a reference to achievement contracts;
• adds a reference to a special advisory committee.

SECTION 31: [School Act, section 168] provides that the minister may make regulations to designate persons as designated service providers, including specifying services and boards in respect of the designation.

SECTION 32: [School Act, section 168.03] provides that the minister may, by order, issue administrative directives in specified circumstances and set out the requirement for boards.

SECTION 33: [School Act, section 168.04] provides that the minister may, by order, issue administrative directives to enable a board to participate in or undertake certain projects.

SECTION 34: [School Act, section 170] sets out the purposes for which personal information contained in a student record may be disclosed by a public body.

SECTION 35: [School Act, section 170.1] is consequential to amendments made to the Act by this Bill.

SECTION 36: [School Act, section 170.2] is consequential to amendments made to the Act by this Bill.

SECTION 37: [School Act, section 170.5] is consequential to amendments made to the Act by this Bill.

SECTION 38: [School Act, section 171] provides the minister with the authority to appoint one or more education advisory councils and specifies the terms and conditions that apply to an education advisory council.

SECTION 39: [School Act, heading to Division 2.1 of Part 9] is consequential to amendments made to the Act by this Bill.

SECTION 40: [School Act, section 171.1]

• deletes references to achievement contracts;
• provides that a special advisor or special advisory committee may be appointed to one or more school districts;
• provides that a special advisor or special advisory committee must make recommendations as directed by the minister and that a board must implement the recommendations.

SECTION 41: [School Act, section 171.2] adds a reference to a special advisory committee.

SECTION 42: [School Act, section 171.3] adds references to a special advisory committee.

SECTION 43: [School Act, Division 2.2 of Part 9] deletes references to the superintendent of achievement.

SECTION 44: [School Act, section 172] is consequential to amendments made to the Act by this Bill.

SECTION 45: [School Act, section 175]

• deletes a cross-reference, consequential to amendments made to the Act by this Bill;
• replaces a reference to the superintendent of achievement with a reference to the superintendent of appeals.

SECTION 46: [School (Student Achievement Enabling) Amendment Act, 2007, section 37] makes a housekeeping amendment.

SECTION 47: [Teachers Act, section 1] adds a definition of "continuing education activity".

SECTION 48: [Teachers Act, section 13] provides that the council may not make standards respecting continuing education activities.

SECTION 49: [Teachers Act, Part 4.1] provides a framework for continuing professional development for certificate holders.

SECTION 50: [Teachers Act, section 85.1] disapplies section 5 of the Offence Act.

SECTION 51: [School Act transition – special advisor] provides that the former special advisor legislation continues to apply to a special advisor appointed under that legislation and to a francophone education authority or board, as applicable.

SECTION 52: [Advanced Education Statutes Amendment Act, 2011, sections 35, 36, 38 and 39] is consequential to amendments made by this Bill.