Part 1 — Access to Education
8 Enforcing school attendance
(a) "judge" means a judge o f the Court of Justice;
(b) "order" means an order given under this section by a judge
or a justice of the peace.
(2) If an attendance officer has reasonable and probable grounds to
believe that a student is not attending school in accordance with
section 7, the attendance officer may do any or all of the following:
(a) enter, during school hours,
(i) any building or premise s other than a dwelling place,
and
(ii) if authorized by an order under subsection (5), a
dwelling place,
where the attendance office r has reason to believe the
student may be found or employed;
(b) send the student who the a ttendance officer suspects is not
attending school home or to school and accompany the
student for that purpose;
(c) deal with the student in accordance with the rules prescri bed
by the board.
(3) If
(a) an attendance officer has r easonable and probable grounds
to believe that a student who is not attending school in
accordance with section 7 is located in a place or premises,
including a dwelling place, or
(b) a student does not comply with a proper direction given by
an attendance officer,
the attendance officer may act under subsection (4).
(4) If subsection (3) applies, the attendance officer may make an
ex parte application to a judge or, if a judge is not reasonably
available, to a justice of the peace for either or both of the
following orders:
(a) if the judge or justice of the peace is satisfied that the
student may be found in the place or premises, an order
authorizing the attendance officer named in the order to
enter the place or premises without force and search for the
student;
(b) an order requiring the student to comply with the directio ns
of the attendance officer.
(5) On hearing an application under this section, the judge or
justice of the peace, as the case may be, may grant the order
applied for subject to any terms or conditions that the judge or
justice of the peace considers appropriate in the circumstances.
2012 cE-0.3 s8;AR 75/2023