Part 1 — Access to Education
4 Resident student
board of the school division in which the student's parent resides.
(2) For the purposes of this section and section 59,
(a) a student who is in the care of a foster parent under the
Child, Youth and Family Enhancement Act is deemed to be
a resident student of the board of the school division in
which the foster parent resides, unless subsection (5)
applies, and
(b) a student who has a disability and is the subject of an
agreement under the Family Support for Children with
Disabilities Act is deemed to be a resident student of the
board of the school division in which the student resides.
(3) Subject to this section, every student is a resident student of a
board of a public school division.
(4) Where a separate school district is established, an individual
residing within the boundaries of the separate school district who is
of the same faith as those who established that district, whether
Protestant or Roman Catholic,
(a) is a resident of the separate school division responsible for
operating the separate school district, and
(b) is not a resident of th e public school division.
(5) A child intervention worker under the Child, Youth and Family
Enhancement Act may deem a student to be a resident student of
the board that represents the faith of the student if
(a) the student is in the care of a foster parent under the Child,
Youth and Family Enhancement Act,
(b) the faith of the student, whether Protestant or Roman
Catholic, differs from the faith of the foster parent, and
(c) the foster parent resides i n an area where a separate school
district has been established.
(6) If a student
(a) is under 16 years of age and is not the subject of an orde r or
agreement under the Child, Youth and Family Enhancement
Act, and
(b) is a child in respect of wh om financial assistance is being
provided under section 105.8 of the Child, Youth and
Family Enhancement Act,
the student is a resident student of the board of the school division
in which the student resides.
(7) The following students are resident students of the
Government:
(a) a student who resides in uno rganized territory and who is
not an Indian as defined in the Indian Act (Canada) residing
on a reserve pursuant to the Indian Act (Canada);
(b) a student in custody under the Corrections Act, the
Corrections and Conditional Release Act (Canada), the
Youth Justice Act or the Youth Criminal Justice Act
(Canada) who resides in an institution or a group home
prescribed by the Minister as an institution or a group home
to which this clause applies;
(c) a student
(i) who is in the custody or under the guardianship of the
Crown under the Child, Youth and Family Enhancement
Act, and
(ii) who resides in an instituti on or a group home prescribed
by the Minister as an institution or a group home to
which this clause applies that is operated or approved by
the Government;
(d) a student who is under long-term medical care who resides
or is placed in a program in an institution that is under the
control, direction or administration of the Government.
(8) If each parent is a resident of a different school division,
(a) the parents must choose in writing one of those school
divisions,
(b) the student is a resident student of the board of the chos en
school division,
(c) the student must attend the school the student is directed to
attend by the board of the chosen school division in
accordance with section 10, and
(d) the board of either school division may require that the
choice of the parents remains in effect during the school
year in respect of which it is made.
(9) If a parent is limited by law in exercising an authority under
subsection (8)(a) and that parent is a resident of a school division
different than that of the other parent, the other parent may choose
which of the 2 divisions in which the student is to attend school,
and subsection (8)(b) to (d) apply.
(10) If the parents referred to in subsection (8) do not choose a
school division under subsection (8), the Minister shall designate
the board of a school division of which one parent is a resident as
the board of which the student is a resident student.
(11) If the residence of the parent of a student changes after the
commencement of a school year, the parent must designate the
student to be a resident student of one of the following for the
balance of that school year:
(a) the board of the school division in which the student resi des
after the change,
(b) the board of the school division in which the student resi ded
immediately before the change, or
(c) the Government if the student
(i) resides in unorganized territory after the change, or
(ii) resided in unorganized territory immediately before the
change.
(12) If a parent of a student dies and, as a result of the death, the
student no longer has a living parent who is a resident of the school
division of whose board the student is a resident student, the
student may remain a resident student of that board
notwithstanding subsections (1) to (11).
(13) If there is a dispute as to the number of resident students of a
board, the Minister may determine the number or the method to be
used to calculate the number.
(14) If there is a dispute as to the residency of a student, the
Minister may determine that the student is a resident student of a
particular board.
2012 cE-0.3 s4;2015 c6 s3;2019 c7 s5