Education Act, SA 2012, c E-0.3
Francophone education
14(1) If an individual has rights under section 23 of the Canadian Charter of Rights and Freedoms to have the individual’s children receive school instruction in French, the individual’s children are entitled to receive that instruction in accordance with those rights wherever in Alberta those rights apply.
(2) The Minister may make regulations
(a) respecting the education generally of students whose parents are Francophones, and(b) notwithstanding any other provision of this Act, respecting any matter required to give effect to subsection (1).
(3) A student who is enrolled in a school operated by a Francophone regional authority is entitled to receive school instruction in French.
Enrolment in Francophone school
15(1) If a student’s parent is a Francophone who requests that the student be enrolled in a school operated by a Francophone regional authority and the student resides in the Francophone education region within the distance from the school, as determined by the Francophone regional authority, the student is entitled to attend that school, and the Francophone regional authority shall
(a) enrol the student in that school, and
(b) ensure that the student is provided with an education program consistent with the requirements of this Act and the regulations that will give the student the opportunity to meet the standards of education set by the Minister.
(2) If a student’s parent is a Francophone who requests that the student be enrolled in a school operated by a Francophone regional authority and the student does not reside in the Francophone education region within the distance from the school, as determined by the Francophone regional authority, the Francophone regional authority
(a) may enrol the student in that school under the terms set by the Francophone regional authority, and
(b) if the student is enrolled under clause (a), shall ensure that the student is provided with an education program consistent with the requirements of this Act and the regulations that will give the student the opportunity to meet the standards of education set by the Minister.
(3) If a student is the child of a Francophone and is enrolled in a school operated by a Francophone regional authority, the student continues to be a resident student of a board of a school division or, if section 4(7) applies to the student, of the Government, but section 11(1) does not apply to that board or the Minister, as the case may be, with respect to that student while the student is enrolled in a school operated by a Francophone regional authority.
(4) Notwithstanding subsections (1) and (2), a Francophone regional authority that is requested to enrol a student in a senior high school program beyond a 3rd school year may direct the student to attend a school designated by the Francophone regional authority.
(5) A Francophone regional authority shall enrol a resident student of the Government in a school operated by the Francophone regional authority as requested by the Minister.
Division 5
Establishment and Dissolution of
Francophone Education Regions
Definitions
124 In this Division,
(a) “public school” means a school designated as a public school by a Francophone regional authority under section 130;
(b) “public school elector” means an individual described in section 135(1) other than a separate school elector;
(c) “public school trustee” means an individual who is appointed or elected as a public school trustee of a Francophone regional authority;
(d) “separate school” means a school designated as a separate school by a Francophone regional authority under section 130;
(e) “separate school elector” means an individual described in section 135 who declares that the individual is of the same faith, whether Protestant or Roman Catholic, as the minority of all individuals living within the boundaries of a Francophone education region as determined by the Minister under section 128;
(f) “separate school trustee” means an individual who is appointed or elected as a separate school trustee of a Francophone regional authority.
Application
125(1) The following provisions and any regulations made under them apply to a Francophone regional authority and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the Francophone regional authority or a trustee of a Francophone regional authority, as the case may be:
(a) sections 1 and 2;
(d) Part 3;
(e) Part 4, except sections 74 and 77;
(f) Part 5, Division 4;
(g) in Part 6, Division 1, section 171, Division 7 and Division 8 except section 192(3);
(h) Part 7;
(i) Part 8.
(2) Sections 114, 116 to 122 and the provisions of Division 4 of Part 5 and any regulations made under them apply to a Francophone education region, and a reference in those provisions or those regulations to a school division is deemed to include a reference to a Francophone education region.
(3) If a provision of this Act applies to a Francophone regional authority, a reference to an elector in the provision is deemed to be a reference to an individual referred to in section 135.
(4) If in any other Act a reference is made
(a) to a school division, the reference is deemed to include a Francophone education region, or
(b) to a board of a school division or the trustees of a board of a school division, the reference is deemed to include a Francophone regional authority or the trustees of a Francophone regional authority, as the case may be.
(5) Subsection (4) does not apply to a reference in the following Acts:
(c) Health Insurance Premiums Act;
(e) Parks Towns Act.
(6) Notwithstanding subsections (1), (2) and (4), the Minister may exempt a Francophone regional authority or a Francophone education region from the application of a provision of this or any other Act.
Establishment of Francophone education region
126(1) The Minister may, by order, establish any portion of Alberta as a Francophone education region.
(2) The order establishing a Francophone education region must describe the boundaries of the region and give it a name in the following form:
The ____________ Francophone Education Region.
Effect of establishment
127 The establishment of a Francophone education region does not affect a public school division or a separate school division established in respect of all or part of the portion of Alberta in which the Francophone education region is established.
Minority in Francophone education region
128 For the purposes of this Division, the Minister may by order determine for each Francophone education region, on evidence satisfactory to the Minister, whether the Protestant or Roman Catholic faith is the faith of the minority of all individuals living within the boundaries of the Francophone education region.
Composite Francophone regional authority
129(1) For each Francophone education region, the Minister shall by order establish a composite Francophone regional authority, and the trustees of the composite Francophone regional authority are a corporation under the name of:
The Francophone Regional Authority of ______________ Francophone Education Region.
(2) A composite Francophone regional authority must be composed of at least 3 trustees.
(3) Subject to subsection (4), the number of public school trustees of a composite Francophone regional authority must, if practicable, be in the same proportion to the total number of trustees of the composite Francophone regional authority as the total number of public school electors in the Francophone education region is to the combined total number of public school electors and separate school electors in the Francophone education region.
(4) A composite Francophone regional authority must have at least one public school trustee and at least one separate school trustee.
(5) The separate school trustees of a composite Francophone regional authority are a corporation under the name of:
The Separate School Trustees of the Francophone Regional Authority of ______________.
Designation of schools
130 A composite Francophone regional authority must designate each school either as a public school or as a separate school.
Public and separate Francophone regional authorities
131(1) If, within a Francophone education region, the public school electors exceed 30% of the combined total number of all public school electors and separate school electors and there are at least 500 students registered in the public schools, the Minister may dissolve the existing composite Francophone regional authority and establish both a public Francophone regional authority and a separate Francophone regional authority.
(2) The trustees of the public Francophone regional authority established under subsection (1) are a corporation under the name of:
The Francophone Regional Authority of ______ Public Francophone Education Region.
(3) The trustees of the separate Francophone regional authority established under subsection (1) are a corporation under the name of:
The Francophone Regional Authority of ______ Separate Francophone Education Region.
Appointment of trustees on establishment
132(1) The Minister may appoint the first trustees of a Francophone regional authority.
(2) Trustees of a Francophone regional authority appointed under subsection (1) hold office until the first organizational meeting of the Francophone regional authority held after the first general election held after the Francophone regional authority is established.
Agreements with school divisions
133(1) The board of a school division required by the Minister to do so must enter into an agreement with the Francophone regional authority respecting any matter the Minister considers necessary, including, but not limited to, dealing with assets and liabilities and the transfer of employees.
(2) If a board referred to in subsection (1) and the Francophone regional authority do not enter into an agreement under subsection (1) within a period that the Minister considers reasonable, the Minister may make an order respecting any matter the Minister considers necessary.
Responsibility and authority of Francophone regional authority
134(1) A Francophone regional authority has the responsibility and authority to ensure that minority language educational rights guaranteed under the Constitution of Canada are protected in the Francophone education region.
(2) The separate school trustees of a composite Francophone regional authority have the responsibility and authority to ensure that the rights and privileges with respect to separate schools guaranteed under the Constitution of Canada are protected in the Francophone education region.
(3) A separate Francophone regional authority has the responsibility and authority to ensure that both minority language educational rights and the rights and privileges with respect to separate schools guaranteed under the Constitution of Canada are protected in the Francophone education region.
Eligibility
135(1) For the purposes of this Act and the Local Authorities Election Act, an individual is eligible to vote in an election of trustees of a Francophone regional authority if
(a) the individual
(i) is a Francophone,
(ii) is 18 years of age or older,
(iii) is a Canadian citizen, and
(iv) is a resident of Alberta and resides in the Francophone education region on election day,
or
(b) the individual is a member of a class of individuals prescribed by the Lieutenant Governor in Council as being eligible to vote.
(2) For the purposes of this Act and the Local Authorities Election Act, an individual is eligible to be elected as a trustee of a Francophone regional authority if the individual
(a) is a Francophone,
(b) is 18 years of age or older,
(c) is a Canadian citizen,
(d) has been a resident of Alberta for the 6 consecutive months immediately preceding nomination day and resides in the Francophone education region on election day, and
(e) is not otherwise ineligible under the Local Authorities Election Act.
(3) An individual who is a public school elector is eligible only
(a) to vote for, and
(b) to be nominated as a candidate for election as,
a public school trustee of a Francophone regional authority.
(4) For the purposes of this Act, an individual who is a separate school elector is eligible
(a) to vote for, and
(b) to be nominated as a candidate for election as,
either a public school trustee or a separate school trustee of a Francophone regional authority, but not both.
(5) A person who is eligible to vote in an election for a board other than a Francophone regional authority and in an election for a Francophone regional authority may only vote in one election.
(6) A person may not be a trustee of a Francophone regional authority and of a board at the same time.
Dissolution of Francophone regional authority
136(1) A Francophone regional authority may pass a resolution requesting the Minister to dissolve the Francophone regional authority.
(2) The Minister, subject to any terms or conditions the Minister imposes, may, by order, dissolve a Francophone regional authority whether or not the Minister receives a resolution requesting the dissolution.
(3) If on the dissolution of a Francophone regional authority the Minister considers an adjustment of assets or liabilities to be necessary, the Minister shall, by order, give directions with respect to the assets or liabilities of the Francophone regional authority.