DIVISIONAL EDUCATION COUNCILS DISSOLUTION ACT, Consolidation of


Published: 2006-03-17

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S.Nu. 1999,c.4

CONSOLIDATION OF DIVISIONAL EDUCATION COUNCILS DISSOLUTION ACT

S.Nu. 1999,c.4 In force June 3, 1999

(Current to: March 17, 2006)

AS AMENDED BY: S.Nu. 2000,c.8

In force July 1, 2000 This consolidation is not an official statement of the law. It is an office consolidation prepared for convenience only. The authoritative text of statutes can be ascertained from the Revised Statutes of the Northwest Territories, 1988 and the Annual Volumes of the Statutes of the Northwest Territories (for statutes passed before April 1, 1999) and the Statutes of Nunavut (for statutes passed on or after April 1, 1999). A copy of a statute of Nunavut can be obtained from the Territorial Printer at the address below. The Annual Volumes of the Statutes of Nunavut and this consolidation are also available online at http://www.justice.gov.nu.ca/english/legislation.html but are not official statements of the law. Any certified Bills not yet included in the Annual Volumes of the Statutes of Nunavut can be obtained through the Office of the Clerk of the Legislative Assembly.

Territorial Printer Legislation Division Department of Justice Government of Nunavut Tel: (867) 975-6305 P.O. Box 1000, Station 550 Fax: (867) 975-6189 Iqaluit, NU X0A 0H0 Email: Territorial.Printer@gov.nu.ca

S.Nu. 1999,c.4

GLOSSARY OF TERMS USED IN CONSOLIDATIONS

Miscellaneous

c. means "chapter". CIF means "comes into force". NIF means "not in force". s. means "section" or "sections", "subsection" or "subsections", "paragraph" or

"paragraphs". Sch. means "schedule". SI-005-98 means the instrument registered as SI-005-98 in 1998. (Note: This is a Northwest

Territories statutory instrument if it is made before April 1, 1999, and a Nunavut statutory instrument if it is made on or after April 1, 1999 and before January 1, 2000.)

SI-012-2003 means the instrument registered as SI-012-2003 in 2003. (Note: This is a Nunavut

statutory instrument made on or after January 1, 2000.)

Citation of Acts

R.S.N.W.T. 1988,c.D-22 means Chapter D-22 of the Revised Statutes of the Northwest

Territories, 1988. R.S.N.W.T. 1988,c.10(Supp.) means Chapter 10 of the Supplement to the Revised Statutes of the

Northwest Territories, 1988. (Note: The Supplement is in three volumes.)

S.N.W.T. 1996,c.26 means Chapter 26 of the 1996 Annual Volume of the Statutes of the

Northwest Territories.

S.Nu. 2002,c.14 means Chapter 14 of the 2002 Annual Volume of the Statutes of Nunavut.

Divisional Education Councils Dissolution Act, Consolidation of Current to: 2006-03-17

S.Nu. 1999,c.4 i

TABLE OF CONTENTS

Definitions 1 Dissolution of Divisional Education Council 2 Interim trustee 3 (1) Powers and duties (2) Liability of interim trustee (3) Restriction on Councils incurring obligations 4 Members deemed to have resigned 5 Amalgamation of Divisional Education Councils 6 (1) Clarification (2) Exception, office managers (3) Minister to exercise powers, etc. 7 (1) Continuation of allocation (2) Continuation of arrangements with District Education

Authorities (3)

Responsibility under subsection 81(6) of the Education Act (4) Agreement (5) Executive directors 8 (1) Jurisdiction (2) References to Superintendents (3) Unfinished appeals 9 (1) Procedures (2) Audits for last year 10 Statutory Instruments Act 11

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S.Nu. 1999,c.4 1

DIVISIONAL EDUCATION COUNCILS DISSOLUTION ACT Definitions 1. The definitions in subsection 1(1) of the Education Act apply with respect to this Act. S.Nu. 2000,c.8,s.2. Dissolution of Divisional Education Council 2. On July 1, 2000, each Divisional Education Council is dissolved. Interim trustee 3. (1) Before July 1, 2000, the Minister may, with the approval of the Executive Council, appoint an interim trustee for a Divisional Education Council if the Minister is of the opinion that it is advisable for the purposes of facilitating the dissolution of the Council. Powers and duties (2) The interim trustee for a Divisional Education Council may exercise the powers of the Council and shall perform the duties of the Council and may allow the Council to exercise any or all of those powers or perform any or all of those duties, subject to the supervision of the interim trustee. Liability of interim trustee

(3) An interim trustee is not liable for loss or damage caused by anything done or not done by him or her in good faith in the exercise of his or her powers or the performance of his or her duties. Restriction on Councils incurring obligations 4. Except with the Minister's approval, a Divisional Education Council shall not incur an obligation that extends, or may extend, beyond June 30, 2000. Members deemed to have resigned 5. The members of each Divisional Education Council shall be deemed to have resigned from the Divisional Education Council effective June 30, 2000. S.Nu. 2000,c.8,s.3. Amalgamation of Divisional Education Councils 6. (1) On July 1, 2000, each Divisional Education Council shall be deemed to be amalgamated with the Government of Nunavut.

Clarification (2) For greater certainty, under subsection (1),

(a) the assets and liabilities of a Divisional Education Council, become assets and liabilities of the Government of Nunavut;

(b) obligations owed to a Divisional Education Council become obligations owed to the Government of Nunavut;

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S.Nu. 1999,c.4 2

(c) obligations owed by a Divisional Education Council become obligations owed by the Government of Nunavut; and

(d) employees of a Divisional Education Council become employees of the Government of Nunavut, and their employment with the Divisional Education Council shall be deemed to have been employment with the Government of Nunavut.

Exception, office managers

(3) A person who is employed as an office manager of a District Education Authority shall be deemed to be employed by the District Education Authority and paragraph (2)(d) does not apply to such a person. S.Nu. 2000,c.8,s.3. Minister to exercise powers, etc. 7. (1) The Minister shall exercise the powers and perform the duties of a Divisional Education Council under the Education Act and any other Act and, for the purposes of exercising such powers and performing such duties, references to a Divisional Education Council shall be deemed to be references to the Minister. Continuation of allocation

(2) The powers and duties that immediately before July 1, 2000 were allocated to a Divisional Education Council under section 102 of the Education Act shall be deemed to be allocated to the Minister. Continuation of arrangements with District Education Authorities

(3) If a Divisional Education Council and a District Education Authority have made a determination under section 120 of the Education Act as to how a power or duty that has been allocated to both of them shall be exercised or performed, that determination, as varied by any agreement between the District Education Authority and the Minister, shall continue and shall apply with respect to the Minister as though the Minister were the Divisional Education Council. Responsibility under subsection 81(6) of the Education Act

(4) A power or duty that, under subsection 81(6) of the Education Act, would have been the responsibility of the Deputy Minister shall be the responsibility of the Minister. Agreement

(5) A District Education Authority and the Minister shall enter into an agreement dealing with how the District Education Authority will carry out its duties and responsibilities and exercise its powers to ensure that the District Education Authority, to the extent it is willing and able, carries out as many duties, takes as much responsibility and exercises as many powers as possible. S.Nu. 2000,c.8,s.3. Executive directors 8. (1) The Minister shall designate one or more departmental officials as executive directors.

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S.Nu. 1999,c.4 3

Jurisdiction (2) An executive director has jurisdiction in the education district or districts set

out in the designation of the official as an executive director. References to Superintendents

(3) For the purposes of the Education Act and other Acts, references to a Superintendent shall be deemed to be references to an executive director. S.Nu. 2000,c.8,s.3. Unfinished appeals 9. (1) If an appeal under section 42 of the Education Act relating to a Divisional Education Council was not disposed of before July 1, 2000, the appeal shall be disposed of by a person or panel selected by the Minister. Procedures (2) The person or panel selected by the Minister may determine its own procedures, subject to any direction by the Minister. S.Nu. 2000,c.8,s.3. Audits for last year 10. Sections 130 to 133 of the Education Act apply with respect to Divisional Education Councils for their last fiscal years with necessary modifications and with the following additional modifications:

(a) the Minister shall appoint the auditor under section 130 of the Education Act and cause the audit to be conducted under subsection 131(1) of that Act;

(b) paragraph 131(3)(b) of the Education Act does not apply; (c) the references to members and employees in subsection 132(2) of the

Education Act shall be deemed to be references to former members and former employees;

(d) under subsection 133(1) of the Education Act, the audit report shall be submitted only to the executive director appointed under section 8;

(e) the requirements of subsection 133(2) of the Education Act shall be carried out by the executive director;

(f) subsections 133(3) to (6) of the Education Act do not apply; and (g) the executive director shall forward the audit report to the Minister on or

before September 30, 2000 and the Minister shall forward the audit report to the Minister of Finance and Administration. S.Nu. 2000,c.8,s.3.

Statutory Instruments Act 11. The Statutory Instruments Act does not apply to the following:

(a) a direction of the Minister under subsection 9(2); and (b) anything done by the Minister in the exercise of a power or the

performance of a duty of a Divisional Education Council. S.Nu. 2000,c.8,s.3.

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