Legal News

Ministry of Education Issues Education Mediation Regulation

The Education Mediation Regulation, has been issued by the Ministry of Education in response to the November 23, 1998, judgment in L’Association des parents Francophones de la Colombie-Britannique v. BC. The BC Supreme Court had ruled that the Province was required to create a dispute resolution process to resolve differences that occur between school boards and the Conseil scolaire francophone (CSF). The Regulation uses the services of a mediator to facilitate discussions concerning any dispute that may arise in:
implementation and operation of the transfer of assets;
the co-management of shared assets;
lease negotiations of any facilities that are not transferred; and
any other dispute that may arise between the CSF and a majority school board.
Under the Regulation, either a school board, the CSF or the Minister of Education can initiate the mediation process. If the parties cannot agree on a mediator, application can be made to a roster organization for a list of qualified mediators to be selected.