Part 3 — Responsibilities and Dispute Resolution Division 1 Responsibilities
48 Hearing before Attendance Board
Attendance Board, the following applies:
(a) notice in writing of the date, time, place and purpose of the
hearing must be served at least 7 days before the
commencement of the hearing on the parent of the student,
on the student who is the subject of the hearing, if the
student is capable of understanding the situation, and on any
other person the Attendance Board directs;
(b) the Attendance Board has, w ith respect to the holding of a
hearing, the same power as is vested in the Court of King's
Bench for the trial of civil actions
(i) to summon and enforce the attendance of witnesses,
(ii) to compel witnesses to give evidence on oath or
otherwise, and
(iii) to compel witnesses to p roduce documents, records and
things;
(c) the Attendance Board may require a board or a person
responsible for the operation of an independent school to
produce to the Attendance Board, prior to a hearing, copies
of all reports, statements, correspondence and other
documents or things relating to the matter being heard;
(d) if a person fails to attend, to answer questions or to pro duce
an item as required under clause (b) or (c) or subsection (2)
or (3), the Attendance Board may apply to the Court of
King's Bench for an order committing that person for
contempt in the same manner as if that person were in
breach of an order or judgment of that Court;
(e) the Attendance Board shall receive any evidence presented
to it that is relevant to the matter being heard;
(f) the rules of evidence app licable to judicial proceedings do
not apply;
(g) all oral evidence received must be taken down in writing or
recorded by electronic means;
(h) all the evidence taken dow n in writing or recorded by
electronic means and all documentary evidence and things
received in evidence at a hearing form the record of the
proceeding;
(i) a person on whom notice of the hearing is served and the
person's counsel or agent are entitled to examine the record
of the proceeding;
(j) the Attendance Board may from time to time adjourn
matters that are before the Board;
(k) a hearing must be held in public;
(l) notwithstanding clause (k), a hearing or any portion of it
may be held in private if, in the opinion of the Attendance
Board, it is in the public interest to do so;
(m) a person who is likely to b e affected by a hearing before the
Attendance Board is entitled
(i) to appear before the Attendance Board,
(ii) to be represented by counsel or an agent, and
(iii) to make representations to the Attendance Board;
(n) a witness attending a proceeding before the Attendance
Board may be paid the same fees and allowances as a
witness summoned to attend at the Court of Justice;
(o) notice of every order toget her with a copy of the written
reasons for it, if any, must promptly be sent to
(i) a person on whom notice of the hearing was served, and
(ii) any person that the Attendance Board considers is
substantially affected by it.
(2) The Attendance Board may require the student or a parent of
the student, or both, to attend proceedings before the Attendance
Board.
(3) Any person other than the student and a parent of the student
who, in the opinion of the Attendance Board, has knowledge of the
matter before the Attendance Board is a compellable witness in
proceedings before the Attendance Board.
(4) Notice under this section may be served personally on the
person required to be served or by being sent to that person by
registered or certified mail.
2012 cE-0.3 s48;AR 217/2022;AR 75/2023;2025 c6 s12