Part 2 — Opportunities for Learning Division 1 Diverse and Flexible Learning
29 Independent schools
person who will be responsible for the operation of the proposed
independent school applies to the Minister and the Minister is
satisfied that
(a) the independent school will provide education programs to
its students that comply with any orders made under section
18(2)(b),
(b) the independent school will meet standards of student
achievement acceptable to the Minister,
(c) the person who w ill be responsible for the operation of the
independent school agrees to regular evaluation and
monitoring by the Minister, and
(d) the building that is to be used for school purposes meets and
will continue to meet all applicable local and provincial
health, safety and building standards.
(2) An independent school may be accredited as an accredited
independent school if the person responsible for the operation of
the independent school applies to the Minister and
(a) the Minister approves the education programs offered to it s
students and its programs of study, and any modification of
them, and
(b) the Minister is satisfied that
(i) the person responsible for the operation of the
independent school continues to meet the requirements
under subsection (1),
(ii) the person responsible for the operation of the
independent school has the capacity, in accordance with
the regulations, to deliver an appropriate education
program to its students, and
(iii) individuals employed to teach at the school have the
qualifications approved by the Minister.
(3) An application under subsection (1) or (2) must be in the form
and contain the information prescribed by the regulations.
(3.1) A person responsible for the operation of an independent
school shall manage, administer and operate the independent
school in accordance with this Act, the regulations and any policies
established under the regulations.
(3.2) The Minister may by order establish minimum requirements
that policies established under the regulations must meet.
(4) The Minister may cancel or suspend the registration or
accreditation of an independent school
(a) if the person responsible for the operation of the school does
not comply, in the case of an independent school, with
subsection (1) and, in the case of an accredited independent
school, with subsections (1) and (2),
(a.1) if the person responsible for the operation of the schoo l does
not comply with the provisions of the regulations or policies
that are prescribed by the regulations for the purposes of this
clause,
(b) if the evaluation or monitoring of an independent school
indicates that the independent school does not have the
capacity to deliver an appropriate education program to its
students,
(c) if, in the opinion of the M inister, the students at the
independent school are not achieving acceptable educational
progress,
(d) if the person responsible for the operation of the
independent school permits courses, programs of study or
instructional materials that do not comply with section 16,
or
(e) if, in the opinion of the M inister, the financial situation of
the school places the learning environment of the students at
risk.
(5) No person shall operate a school as an independent school
unless it is registered under subsection (1).
(6) If a person operates as an independent school a school that is
not registered under subsection (1) or in respect of which the
registration has been cancelled or suspended, the Minister may
apply to the Court of King's Bench for an order restraining that
person from operating the school during the time that
(a) the school is not registered, or
(b) the registration of the sc hool is cancelled or suspended,
as the case may be.
(6.1) This section and any regulations made under subsection (7)
do not apply
(a) in respect of an accredited independent school in relation to
the operation, administration and management of an early
childhood services program provided in the accredited
independent school, and
(b) to a person responsible for the operation of an accredited
independent school in its capacity as a person providing an
early childhood services program under section 21.
(7) The Lieutenant Governor in Council may make regulations
respecting independent schools, including regulations
(a) establishing eligibility criteria that must be met by pers ons
who propose to operate independent schools;
(b) respecting the management, operation and administration of
independent schools;
(c) respecting the developmen t, maintenance and review of
policies relating to the management, operation and
administration of independent schools;
(d) respecting the remuneratio n, benefits, allowances, expenses
or fees that may be paid or provided to directors, officers or
individuals employed or engaged for services by persons
responsible for the operation of independent schools;
(e) respecting contracts of employment and agreements to
engage services that persons responsible for the operation of
independent schools have entered into or propose to enter
into, including regulations respecting
(i) the review by the Ministe r of contracts or agreements,
(ii) requirements that contr acts or agreements must meet,
(iii) actions the Minister may take with respect to contracts
or agreements that do not meet the requirements, and
(iv) transitional matters with respect to the requirements
referred to in subclause (ii) or the actions referred to in
subclause (iii), including regulations authorizing the
Minister to require amendment or termination of
contracts or agreements;
(f) respecting agreements and t ransactions with related persons
that persons responsible for the operation of independent
schools have entered into or propose to enter into, including
regulations respecting
(i) the determination as to w hether parties to agreements or
transactions are related parties,
(ii) the review by the Minister of agreements or transactions,
(iii) requirements that agreemen ts or transactions must meet,
(iv) actions the Minister may ta ke with respect to agreements
or transactions that do not meet the requirements, and
(v) transitional matters with respect to the requirements
referred to in subclause (iii) or the actions referred to in
subclause (iv), including regulations authorizing the
Minister to require amendment or termination of
contracts or agreements;
(g) respecting funding relating to independent schools under t he
regulations under the Government Organization Act,
including prohibitions on the transfer of such funding;
(h) respecting financial reporting relating to the management,
administration and operation of independent schools;
(i) respecting audits of financial statements, including
requirements, criteria and procedures for audits;
(j) respecting the collection, u se and disclosure by the Minister
of information relating to the management, administration
or operation of independent schools, including personal
information;
(k) respecting the provision of information relating to the
management, administration or operation of independent
schools to the Minister or other persons by persons
responsible for the operation of independent schools;
(l) respecting the publication of information relating to the
management, administration and operation of independent
schools;
(m) respecting the confidentiality, publication, retention, st orage
and disposition of records relating to the management,
administration and operation of independent schools;
(n) respecting the monitoring and oversight of persons
responsible for the operation of independent schools to
determine compliance with this Act, the regulations and the
policies required under the regulations;
(o) prescribing provisions of the regulations or policies
established under the regulations for the purposes of
subsection (4)(a.1);
(p) respecting actions the Minister may take in respect of a
failure to comply with this Act, the regulations or the
policies required under the regulations;
(q) respecting exemptions from any requirements under the
regulations;
(r) defining for the purposes of this Act any term that is use d
but not defined in this Act.
2012 cE-0.3 s29;2015 c6 s10;2022 c16 s4;AR 217/2022;2025 c6 s8