Legal News

ministry moves on schools deregulation

The BC Minister of Education has issued Ministerial Order M300/02. It repeals three Ministerial Orders. Regulation 277/02 has also been issued, amending two Regulations and repealing a third. Details of both the Ministerial Order and the Regulation are set out below.

Ministerial Order M300/02

Ministerial Order M300/02 repeals the following three Ministerial Orders:

  • Ministerial Order 146/89, the Disposition of Housing Accommodation Order:
    This order required school boards to sell teacherages as soon as other appropriate housing became available in the school district for teachers. The Order also set out the procedures required when selling the property. School boards will now address this locally.
  • Ministerial Order 298/98, the Non-complying Contractors Order:
    This Order directed school boards to adhere to the “Non-complying Contractors Policy” when engaged in tendering for a capital project. The Policy set out that contractors who persisted in violating the Skills Development and Fair Wage Act would be prevented from participating in a tendering process; and a list of non-complying contractors was published and made available from the Employment Standards Branch offices. The Skills Development and Fair Wage Act was repealed on September 26, 2001.
  • Ministerial Order 138/89, the School Bus Order:
    This Order set out conditions under which boards would enter into agreements for the use of school buses for other than school purposes. School boards will now address this locally.

BC Regulation 277/02
BC Regulation 277/02 amends the School Regulation, amends the Francophone Education Authorities Regulation and repeals the School Accreditation Regulation:

  • BC Regulation 265/89 — the School Regulation:
    Section 2 is repealed. This section set out that school boards were to offer instruction in French to students who have French language rights under s. 23 of the Canadian Charter of Rights and Freedoms. With the creation of the Francophone Education Authority and corresponding provisions in the School Act in 1999, section 2 of the School Regulation is no longer necessary.
  • BC Regulation 212/99 — the Francophone Education Authorities Regulation:
    A Regulation number reference is amended as a consequential change to the repeal and replacement of the School Calendar Regulation in Spring 2002.
  • BC Regulation 256/94 — the School Accreditation Regulation:
    This regulation is repealed. The Accreditation program has been discontinued and replaced by the Accountability Framework, which includes school district accountability contracts, school planning councils, and, a school district review process, begun in September 2002.

The repeal of these orders is part of the Ministry’s deregulation plan.