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I-14 - The Education Act for Cree, Inuit and Naskapi Native Persons

Section 39
Disposition versions

Full text
39. Any erection of school municipalities, division of same or alteration of the boundaries thereof may apply only to the Roman Catholics or the Protestants within such territory. In such case, the notice to be given by the Minister in the Gazette officielle du Québec, as stated in section 40, shall mention the fact.
In such a case, a person other than a Catholic or a Protestant who is not contemplated in sections 487 and following, and domiciled or a ratepayer in a territory common to a school municipality for Catholics and a school municipality for Protestants may enrol his children in the schools of either school board, at his option, which is bound to accept them.
R. S. 1964, c. 235, s. 49; 1971, c. 67, s. 13; 1973, c. 31, s. 77; 1979, c. 72, s. 490; 1987, c. 7, s. 1; 1989, c. 36, s. 226.
39. Any erection of school municipalities, division of same or alteration of the boundaries thereof may apply only to the Roman Catholics or the Protestants within such territory. In such case, the notice to be given by the Minister in the Gazette officielle du Québec, as stated in section 40, shall mention the fact.
In such a case, a person other than a Catholic or a Protestant who is not contemplated in sections 487 and following and domiciled or a ratepayer in a territory common to a school municipality for Catholics and a school municipality for Protestants may enrol his children in the schools of either school board, at his option, which is bound to accept them, and he must, if he is a ratepayer, pay his school assessments to the school board where his children are enrolled; his right to vote and, if such be the case, to be elected commissioner shall also be exercised for the benefit of the school board where his children are enrolled.
If such person has no children enrolled in a school of either school board and is a ratepayer, he may pay his school assessments to either board, at his option, and his right to vote and to be elected a commissioner, where such is the case, shall be exercised in the school board for which he has opted.
To be valid for a school year, such option respecting the payment of school assessments must be made before the 1st of April in the preceding school year and be sent before such date to each school board concerned, which must forthwith inform the regional board of which such board is a member and the municipality within the meaning of the Act respecting municipal taxation (chapter F-2.1); such an option shall remain effective for each of the school years preceding the year in which the next election is held.
Failing such option, section 391 shall apply mutatismutandis to payment of school assessments.
If such person has no children enrolled in a school of either school board and is not a ratepayer or if he has not exercised the option described in the third paragraph and is a ratepayer, he may exercise his right to vote and to be elected a commissioner, where such is the case, in either school board, at his option; he shall from the next school year, if he is a ratepayer, pay his school assessments to the school board for which he has opted for each of the school years preceding the year in which the next election is held.
To be valid for a school election, such option respecting the right to vote and to be elected a commissioner must be made before the expiry of the time allotted for making an application for changes to the electoral list.
Every option for a school board which is a member of a regional board shall be valid for such regional board and shall have mutatismutandis the same effect for such board; every person contemplated in the second paragraph who has children under the jurisdiction of a regional board must enrol them in the schools of the regional board which includes the school board for which he has opted.
R. S. 1964, c. 235, s. 49; 1971, c. 67, s. 13; 1973, c. 31, s. 77; 1979, c. 72, s. 490; 1987, c. 7, s. 1.
39. Any erection of school municipalities, division of same or alteration of the boundaries thereof may apply only to the Roman Catholics or the Protestants within such territory. In such case, the notice to be given by the Minister in the Gazette officielle du Québec, as stated in section 40, shall mention the fact.
In such a case, a person other than a Catholic or a Protestant who is not contemplated in sections 487 and following and domiciled or a ratepayer in a territory common to a school municipality for Catholics and a school municipality for Protestants may enrol his children in the schools of either school board, at his option, which is bound to accept them, and he must, if he is a ratepayer, pay his school assessments to the school board where his children are enrolled; his right to vote and, if such be the case, to be elected commissioner shall also be exercised for the benefit of the school board where his children are enrolled.
If such person has no children, he may vote or, if such be the case, be elected commissioner to either school board, at his option, and he must, if he is a ratepayer, pay his school assessments to the school board for which he has opted.
To be valid for a school year, such option respecting the payment of school assessments and the right to vote and to be elected a commissioner, must be made before the 1st of April in the preceding school year and be sent before such date to each school board concerned, which must forthwith inform the regional board of which such board is a member and the municipality within the meaning of the Act respecting municipal taxation; such an option shall remain effective until changed in the same manner for another school year.
Failing such option, section 391 shall apply mutatismutandis to payment of school assessments.
Every option for a school board which is a member of a regional board shall be valid for such regional board and shall have mutatismutandis the same effect for such board; every person contemplated in the second paragraph who has children under the jurisdiction of a regional board must enrol them in the schools of the regional board which includes the school board for which he has opted.
R. S. 1964, c. 235, s. 49; 1971, c. 67, s. 13; 1973, c. 31, s. 77; 1979, c. 72, s. 490.
39. Any erection of school municipalities, division of same or alteration of the boundaries thereof may apply only to the Roman Catholics or the Protestants within such territory. In such case, the notice to be given by the Minister in the Gazette officielle du Québec, as stated in section 40, shall mention the fact.
In such a case, a person other than a Catholic or a Protestant who is not contemplated in sections 487 and following and domiciled or a ratepayer in a territory common to a school municipality for Catholics and a school municipality for Protestants may enrol his children in the schools of either school board, at his option, which is bound to accept them, and he must, if he is a ratepayer, pay his school assessments to the school board where his children are enrolled; his right to vote and, if such be the case, to be elected commissioner shall also be exercised for the benefit of the school board where his children are enrolled.
If such person has no children, he may vote or, if such be the case, be elected commissioner to either school board, at his option, and he must, if he is a ratepayer, pay his school assessments to the school board for which he has opted.
To be valid for a school year, such option respecting the payment of school assessments and the right to vote and to be elected a commissioner, must be made before the 1st of April in the preceding school year and be sent before such date to each school board concerned, which must forthwith inform the regional board of which such board is a member and the municipality within the meaning of the Real Estate Assessment Act; such an option shall remain effective until changed in the same manner for another school year.
Failing such option, section 391 shall apply mutatismutandis to payment of school assessments.
Every option for a school board which is a member of a regional board shall be valid for such regional board and shall have mutatismutandis the same effect for such board; every person contemplated in the second paragraph who has children under the jurisdiction of a regional board must enrol them in the schools of the regional board which includes the school board for which he has opted.
R. S. 1964, c. 235, s. 49; 1971, c. 67, s. 13; 1973, c. 31, s. 77.
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