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School Board Rules

made under Section 12 of the

Utility and Review Board Act

S.N.S. 1992, c. 11

N.S. Reg. 1/99 (November 20, 1998)



Nova Scotia Utility and Review Board Rules of Practice and Procedure

Respecting Applications under the Education Act

 

1     These rules are made pursuant to Section 12 of the Utility and Review Board Act and apply to applications to the Board under the Education Act.


2     These rules may be cited as the School Board Rules.


3     In these rules:

 

(a)    “Act” means the Education Act;

(b)    “Board” means the Nova Scotia Utility and Review Board.

 

4     (1)    An application to the Board under Section 43 of the Act to confirm the number and boundaries of the electoral districts or to change the number and boundaries of the electoral districts shall be in writing and shall contain the following information:

 

                (a)    a brief description of each of the electoral districts including the names of the larger communities, the geographic size, any relevant geographic features, and any factors which establish a particular community of interest in the electoral district;

 

                (b)    the principal language of instruction of the school board and the language of instruction of the school population in areas of the district;

 

                (c)    a table which shows the following information:

 

                         (i)     the latest available population statistics for each electoral district,

 

                         (ii)    the distribution of the school-age population in the electoral districts,

 

                         (iii)   statistics from the most recent school board election showing the number of electors in each electoral district and the total number of voters,

 

                         (iv)   the percentage of the total number of electors in each electoral district,

 

                         (v)    the average number of electors per electoral district,

 

                         (vi)   the amount expressed as a number by which the number of electors in each electoral district exceeds or is less than the average number of electors per electoral district, and

 

                         (vii)  the amount expressed as a percentage by which the number of electors per electoral district exceeds or is less than the average number of electors per electoral district.

 

       (2)    Where the application is to confirm the number and boundaries of the existing electoral districts, it shall contain reasons why the status quo should remain in place.

 

       (3)    Where the application is to change the number or boundaries of the electoral districts, it shall contain the following additional information:

 

                (a)    a brief description of each proposed electoral district including the names of the larger communities, the geographic size, any relevant geographic features, and any factors which establish a particular community of interest in the electoral district;

 

                (b)    a table which shows the following information:

 

                         (i)     the latest available population statistics for each proposed electoral district,

 

                         (ii)    the distribution of the school-age population in the proposed electoral districts,

 

                         (iii)   statistics from the most recent school board election showing the number of electors in each proposed electoral district and the total number of voters,

 

                         (iv)   the percentage of the total number of electors in each proposed electoral district,

 

                         (v)    the average number of electors per electoral district,

 

                         (vi)   the amount expressed as a number by which the number of electors in each electoral district exceeds or is less than the average number of electors per electoral district, and

 

                         (vii)  the amount expressed as a percentage by which the number of electors per electoral district exceeds or is less than the average number of electors per electoral district.

 

       (4)    The application shall be accompanied by maps showing:

 

                (a)    the boundaries of the existing electoral districts;

 

                (b)    the boundaries of the polling districts or wards within each electoral district;

 


                (c)    where the application is to change the number or boundaries of the electoral districts, a map showing the boundaries of the proposed electoral districts.

 

       (5)    An application shall be signed by the chair and the superintendent of the school board and shall be accompanied by a copy of the minutes of the school board authorizing or directing the making of the application, certified by the secretary of the school board or be a true copy of the minutes.

 

       (6)    The application may be in Form A.

 

5     In addition to the information contained in an application, the Board may require the school board to provide additional information.

 

6     (1)    In any application the Board may itself or on the application of any party, request the parties to appear before it for a pre-hearing conference to consider:

 

                (a)    the simplification of the issues;

                (b)    the necessity or desirability of an amendment to the application;

                (c)    the participation by interested persons;

                (d)    a request for access to information in the custody or control of any party;

                (e)    any other matter which may aid in the disposition of the application.

 

       (2)    If agreed to by all parties and the Board, a prehearing conference may be conducted by telephone.

 

7     The Board, either upon its own motion, or upon application of any party, may adjourn a hearing from time to time.

 

8     Hearings may be conducted in an informal manner and need not follow the strict rules of practice and procedure usual in a court of law.

 

9     The Board, whenever it deems it desirable, may require briefs to be filed by the parties within such time as the Board may prescribe.

 

10   The Board may destroy any exhibits remaining in its custody at the expiration of six months from the date of the decision, unless the return of those exhibits is requested by the party filing them, provided no appeal or judicial review of the decision has been commenced.




FORM A                                                                                                                                  NSUARB-


NOVA SCOTIA UTILITY AND REVIEW BOARD

 

IN THE MATTER OF: An application pursuant to the EDUCATION ACT

 

       The                             School Board makes application to the Nova Scotia Utility

and Review Board to:

 

                 ( )   confirm the number and boundaries of the electoral districts.

 

                 ( )   change the number and boundaries of the electoral districts.

 

       1       There are at present electoral districts.

 

       2       The principal language of instruction of the school board is and the language of the school population in areas of the district is

 

       3       The following is a brief outline of each electoral district, including the names of the larger communities, the geographic size, any relevant geographic features, and any factors which establish a particular community of interest in the electoral district:

 

Electoral District 1:


 

Electoral District 2:


 

       4       The following table shows the latest population and elector statistics.


 

Electoral

District

Population

School-age

Population

# of

Electors

% of Total

Electors

Amount < or >

Average

# %

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Total Population:

Total Number of Electors:

Average Number of Electors per Electoral District:

 


       5       The number and boundaries of the electoral districts should be confirmed for the following reasons:


OR

 

       5       (a)    The following changes to the number and boundaries of the electoral districts are proposed:

 

                (b)    The reasons for these proposed changes are as follows:

 

                (c)    A brief outline of each proposed electoral district, including the names of the larger communities, the geographic size, any relevant geographic features, and any factors which establish a particular community of interest in the electoral district:

 

Electoral District 1:



       Electoral District 2:


 

                (d)    The following table shows an estimate of the population and voter statistics which will result if the application are approved by the Board:


 

Electoral

District

Population

School-age

Population

# of

Electors

% of Total

Electors

Amount < or >

Average

# %

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Total Population:

Total Number of Electors:

Average Number of Electors per Electoral District:

 

       6       Map(s) attached showing the boundaries of the electoral districts and the boundaries of the polling districts and/or wards within each electoral district.



DATED at , County of , Nova Scotia this day of


 

 

Chair                                                                Superintendent