The Saskatchewan Gazette

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1 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, The Saskatchewan Gazette PUBLISHED WEEKLY BY AUTHORITY OF THE QUEEN S PRINTER PART II/PARTIE II Volume 102 REGINA, FRIDAY, NOVEMBER 3, 2006/REGINA, VENDREDI, 3 NOVEMBRE 2006 No.44/nº44 PART II/PARTIE II REVISED REGULATIONS OF SASKATCHEWAN/ RÈGLEMENTS RÉVISÉS DE LA SASKATCHEWAN TABLE OF CONTENTS/TABLE DES MATIÈRES SR 100/2006 SR 101/2006 The Automobile Accident Insurance (General) Amendment Regulations, 2006 (No. 2) The Vehicle Impoundment (Unauthorized Driver) Amendment Regulations, SR 102/2006 The Education Amendment Regulations, SR 103/2006 The Milk Control Amendment Regulations, 2006 (No. 10)

2 Revised Regulations of Saskatchewan/ Règlements Révisés de la Saskatchewan THE SASKATCHEWAN GAZETTE, NOVEMBER 3, 2006 November 3, 2006 The Automobile Accident Insurance (General) Amendment Regulations, 2006 (No. 2)... SR 100/2006 The Vehicle Impoundment (Unauthorized Driver) Amendment Regulations, SR 101/2006 The Education Amendment Regulations, SR 102/2006 The Milk Control Amendmen Regulations, 2006 (No. 10)... SR 103/2006

3 THE THE SASKATCHEWAN GAZETTE, GAZETTE, JANUARY NOVEMBER 18, , THE SASKATCHEWAN GAZETTE, NOVEMBER 3, REVISED REGULATIONS OF SASKATCHEWAN SASKATCHEWAN REGULATIONS 100/2006 The Automobile Accident Insurance Act Sections 5 and 81 Order in Council 813/2006, dated October 24, 2006 (Filed October 25, 2006) Title 1 These regulations may be cited as The Automobile Accident Insurance (General) Amendment Regulations, 2006 (No. 2). R.R.S. c.a-35 Reg 4 amended 2 The Automobile Accident Insurance (General) Regulations, 2002 are amended in the manner set forth in these regulations. Section 2 amended 3(1) Clause 2(1)(b) is repealed and the following substituted: (b) antique vehicle means, subject to subsection (3), a vehicle: (i) that is not used for commercial or business purposes; (ii) whose model year predates the year in which the application for a certificate of registration is made by 30 years or more; and (iii) that is eligible to be registered in Class PV or Class LV. (2) The following subsection is added after subsection 2(2): (3) For the purposes of these regulations, a vehicle is eligible to be considered an antique vehicle only if: (a) the person whose name is on the certificate of registration for the antique vehicle has another primary use vehicle that: (i) is not the antique vehicle; and (ii) is registered either: (A) in that person s name, in the name of the person s spouse or in the joint names of the person and the person s spouse; or (B) in the name of a corporation for the person s exclusive use; and (b) the primary use vehicle mentioned in clause (a): (i) is registered in Class F, Class PV or Class LV; (ii) is the main source of transportation for the person mentioned in clause (a); and (iii) is not a motorcycle, snowmobile or an antique vehicle.

4 936 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, 2006 Appendix amended 4 Section 2.1 of Appendix B is repealed and the following substituted: 2.1 The Traffic Safety Act Provision Points (1) Driving while disqualified 140(1) 10 (2) Driving while on a 24-hour suspension 140(3) 4 (3) Driving while disqualified 140(5) 10 (4) Exceeding the posted speed by 50 kilometres or more 199(2) 4 (5) Exceeding a speed that is reasonable and safe 199(3) 4 (6) Driving at a speed that impedes traffic 199(4) 3 (7) Exceeding 60 kilometres when passing a highway worker or flag person 203(1) 3 (8) Failing to obey a flag person or peace officer 203(2) 3 (9) Exceeding 60 kilometres when passing a stopped emergency vehicle 204(1) 3 (10) Exceeding 60 kilometres when passing a tow truck 205(1) 3 (11) Failing to obey a stop signal at a railway crossing 209(6) 4 (12) Failing to obey a stop sign 209(6) 4 (13) Failing to stop for a crossing guard 209(6) 4 (14) Failing to stop at a level railway crossing 209(7) 4 (15) After stopping, proceeding when unsafe 209(8) 4 (16) Failing to comply with the request of a peace officer (17) Passing a school bus that has its safety lights in operation 212(2) 4 (18) Failing to stop five metres from the rear of a school bus that has its safety lights and stop arm in operation 212(3) 4 (19) Failing to stop five metres from the front of school bus that has its safety lights and stop arm in operation 212(4) 4 (20) Driving without due care and attention 213(1) 4 (21) Driving without reasonable consideration of others 213(2) 4 (22) Driving in a contest of speed 214(1)(a) 4 (23) Street racing 214(1)(b) 4 (24) Stunting 214(3) 4

5 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, (25) Passing to the right of a vehicle 217(1)(b) 4 (26) Increasing speed when being overtaken 217(5) 3 (27) Failing to yield the right of way to vehicle on the right 219(1) 3 (28) Failing to yield to right of way when making a left turn 219(3) 3 (29) Failing to yield the right of way when entering on a provincial highway 219(4) 3 (30) Failing to yield the right of way at a yield sign 219(5) 3 (31) Failing to yield the right of way on entering a highway from other than a highway 219(6) 3 (32) Failing to yield the right of way to operator of road maintenance equipment with an operating warning light 219(7) 3 (33) Proceeding the wrong way on a one-way highway (34) Failing to yield the right of way to pedestrians at a highway intersection or marked pedestrian crossing 223(1) 3 (35) Passing a vehicle stopped for pedestrians 223(2) 3 (36) Entering or leaving a controlled access highway except where the right to do so is indicated by a sign (37) Driving on the left-hand side of median 229(1) 4 (38) Crossing a median unlawfully 229(2) 4 (39) Failing to use a signalling device to warn of the intention to turn 234(1) 3 (40) Failing to use a signalling device to warn of the intention to stop or to abruptly reduce speed 234(1) 3 (41) Failing to use a signalling device to warn of the intention to change lanes 234(1) 3 (42) Failing to use the proper arm signal to warn of the intention to stop or to abruptly reduce speed 234(2)(c) 3 (43) Driving contrary to a sign at an intersection with a green light 235(2)(a) 3 (44) Failing to stop at a crosswalk against an amber light 235(3)(a) 3 (45) Failing to yield the right of way to a pedestrian at a marked crosswalk displaying only an amber light 235(4) 3 (46) Failing to stop at a red light at an intersection 235(5)(a) 4

6 938 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, 2006 (47) Making a right turn at a red light when prohibited by a sign 235(5)(b) 3 (48) Making a left turn at a red light when prohibited by a sign 235(6)(b) 3 (49) Proceeding at an intersection in a direction not indicated by a green arrow 235(8) 3 (50) Failing to yield at an intersection displaying a red light with a green arrow 235(9) 3 (51) Proceeding contrary to a green arrow 235(11) 3 (52) Failing to obey a red flashing light, stopping at the wrong place or failing to stop 235(13) 3 (53) Failing to proceed cautiously at a flashing amber light 235(14) 3 (54) Failing to yield the right of way at a walk signal 237(2) 3 (55) Failing to yield to an emergency vehicle 238(9) 4 (56) Permitting a person to ride on the exterior part of a vehicle 244(1) 3 (57) Permitting an over-crowded driving compartment 245(3) 3 (58) Driver failing to wear a seatbelt 248(1) 3 (59) Driver failing to wear a seatbelt assembly properly 248(1) 3 (60) Driving a vehicle with an unrestrained passenger under 16 years of age 248(4) 3 (61) Failure to report an accident 253(3) 4 (62) Providing a false statement Coming into force 5 These regulations come into force on the day on which they are filed with the Registrar of Regulations.

7 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, SASKATCHEWAN REGULATIONS 101/2006 The Traffic Safety Act Section 287 Order in Council 814/2006, dated October 24, 2006 (Filed October 25, 2006) Title 1 These regulations may be cited as The Vehicle Impoundment (Unauthorized Driver) Amendment Regulations, R.R.S. c.t-18.1 Reg 1 amended 2 The Vehicle Impoundment (Unauthorized Driver) Regulations are amended in the manner set forth in these regulations. Section 9 amended 3 Clause 9(1)(a) is repealed and the following substituted: (a) apply to the board in the manner set out in Form A. Section 10 amended 4 Clause 10(1)(a) is repealed and the following substituted: (a) apply to the board in the manner set out in Form A.

8 940 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, 2006 Appendix amended 5 Part 1 of the Appendix is repealed and the following substituted: Part 1 TABLE 1 [Section 3] COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Item Costs and charges where the Costs and charges where the Costs and charges where the place of seizure, place of seizure, impoundment place of seizure and impoundment and storage is and storage is outside impoundment is outside the in the City of Regina or City the City of Regina City of Regina or the of Saskatoon or the City of Saskatoon City of Saskatoon and the place of storage is in the City of Regina or the City of Saskatoon 1. Towing and trans- $50 $45 plus $45 plus portation of impounded $1.75 per loaded km $1.75 per loaded km vehicles (regardless of time of day or night) with a registered gross vehicle weight not exceeding kg from the place of seizure to the place of impoundment including: pick-up by whatever means necessary, the first day of storage, cost of remitting administration fee, credit card discounts, and any other costs and charges for any service not otherwise specifically provided for in this Table, in the Act or the regulations 2. Winching or dolly costs $25 $25 $25 when required to transport vehicle 3. Storage per day of $5 $5 $5 impounded vehicle with a registered gross vehicle weight not exceeding kg 4. Towing and $100 $75 plus $75 plus transportation of impounded $2.25 per loaded km $2.25 per loaded km vehicles (regardless of time of day or night) with a registered gross vehicle weight exceeding kg from the place of seizure to the place of impoundment including: pick up by whatever means necessary, the first day of storage, cost of remitting administration fee, credit card discounts, attached semi-trailer, and any other costs and charges for any service not otherwise specifically provided for in this Table, in the Act or the regulations 5. Storage per day of $5 $5 $5 impounded vehicle with a registered gross vehicle weight exceeding kg 6. Access to the vehicle $0 $0 $0 while impounded during the garage keeper s regular business hours Coming into force 6 These regulations come into force on December 15,

9 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, SASKATCHEWAN REGULATIONS 102/2006 The Education Act, 1995 Section 370 Order in Council 815/2006, dated October 24, 2006 (Filed October 25, 2006) Title 1 These regulations may be cited as The Education Amendment Regulations, R.R.S. c.e-0.1 Reg 1 amended 2 The Education Regulations, 1986 are amended in the manner set forth in these regulations. Section 2 amended 3 The following clauses are added after clause 2(b): (b.1) learning resource means a resource used for educational purposes in any format, real or virtual, that: (i) illustrates or supports one or more elements of a course or course of study; and (ii) may enrich the learning experience of the pupil or teacher; (b.2) program of studies means the courses of study offered in a school and their arrangement and sequence. Section 2.1 amended 4 Section 2.1 is amended: (a) by renumbering it as subsection 2.1(1); and (b) by adding the following subsection after subsection (1): (2) For the purposes of The Education Act, 1995: (a) learning resource has the same meaning as in these regulations; and (b) program of studies has the same meaning as in these regulations. New section Section 2.2 is repealed and the following substituted: Interpretation of supplementary materials 2.2 For the purposes of clause 4(3)(a) of the Act, supplementary materials includes licences or other rights or authorizations respecting the use of textbooks, library books, reference books or other learning resources. Section 3.01 amended 6 Subsection 3.01(2) is amended by striking out Learning resource materials and substituting Textbooks, library books, reference books, other learning resources.

10 942 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, 2006 New Part II.2 7 The following Part is added before Part III: PART II.2 School Community Councils Membership of school community councils 3.4(1) In this Part, community member : (a) means an elector who resides within the attendance area for that school community council s school or the geographic area for a school community council as determined by that school s board of education if an attendance area has not been defined; and (b) does not include parents or guardians of pupils who attend that school. (2) Each school community council shall consist of: (a) the elected members mentioned in clause 140.2(a) of the Act; and (b) the members appointed pursuant to subsections (3) and (4). (3) A board of education shall appoint as members: (a) subject to clause (b), for each school community council in its division: (i) if practicable, one or two pupils who attend that school who are enrolled in the secondary level; (ii) the principal of that school; (iii) one teacher from that school; and (iv) in consultation with the other members, any other individuals; (b) if two or more school community councils are amalgamated pursuant to the Act, for each amalgamated school community council: (i) if practicable, one or two pupils who attend each school who are enrolled in the secondary level; (ii) the principal of each school; (iii) one teacher from each school; and (iv) in consultation with the other members, any other individuals. (4) If a pupil at a school resides on reserve, the board of education shall, for the school community council for that school: (a) request that the Indian band, for whose use and benefit the reserve where the student resides has been set aside, identify individuals willing to represent that Indian band on the school community council; and (b) if practicable, appoint at least one of those individuals to the school community council.

11 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, (5) Subject to the Act and these regulations, a board of education shall, for each school community council in its division: (a) determine the geographic area for the purposes of clause (1)(a); (b) determine the maximum number of members; (c) for the purposes of clause 140.2(a) of the Act determine the number of elected members; and (d) develop policies and procedures for the: (i) appointment of members; and (ii) nomination and election of elected members. (6) A majority of the elected members of a school community council must be parents or guardians of pupils who attend the school. Elections 3.5(1) An annual election shall be held to elect members of a school community council. (2) A board of education shall, for each school community council in its division, appoint an employee of the board of education, other than any member of that school community council, to be the returning officer for the election of members of the school community council. (3) A returning officer shall provide at least four weeks notice to the public before a public meeting is held to elect members of a school community council. (4) The notice shall state: (a) the purpose of the meeting; (b) the attendance area or the geographic area for the school community council; (c) where any policies or procedures developed by the board of education respecting the election of the school community council can be reviewed; and (d) the date, time and location of the meeting. (5) The notice shall be advertised or posted in such a way that it would be reasonably expected to reach the parents or guardians of pupils for that school and community members. (6) The following may stand for election to a school community council: (a) a parent or guardian of a pupil who attends the school of that school community council; (b) subject to subsection (7), a community member. (7) A community member may not be a member of more than one school community council for a school in which he or she is not a parent or guardian of a pupil in that school.

12 944 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, 2006 (8) The following may cast a vote in a school community council election: (a) a community member; (b) a parent or guardian of a pupil who attends that school. (9) The members to be elected shall be elected at the public meeting by secret ballot. Terms of appointed members 3.6(1) Subject to subsection (2), each appointed member of a school community council holds office for two years and is eligible for reappointment. (2) Any pupil who is appointed as a member of a school community council holds office for one year and is eligible for reappointment. Officers 3.7 Each school community council shall select a chairperson, a vice-chairperson and a secretary from among the following members: (a) pupils; (b) representatives of Indian bands; (c) elected members. Meetings 3.8 A school community council shall meet at least five times each year, have an annual general meeting and meet at any other time at the call of the chairperson. Reimbursement 3.9 Members of a school community council may be reimbursed for expenses by the board of education for the school pursuant to the board s policies but will not receive compensation. Support 3.91 A board of education shall, for each school community council in its division: (a) designate a senior administrative employee to be responsible for that school community council; and (b) provide orientation, training, development and networking opportunities for members. Duties 3.92 A school community council shall: (a) undertake activities to enhance its understanding of the community s economic, social and health needs, aspirations for pupils learning and wellbeing, and resources and supports for the school, parents, guardians and community; (b) in co-operation with the school staff, develop and recommend to its board of education for approval a learning improvement plan that is in accordance with the school division s strategic plan; (c) perform any activities assigned to it in a learning improvement plan approved by the board of education;

13 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, (d) communicate annually to the parents, guardians and community members about its plans, initiatives and accomplishments; (e) account publicly for the expenditure of funds related to the operation of the school community council; (f) participate in orientation, training, development and networking opportunities in order to enhance its capacity to fulfil its responsibilities; and (g) not discuss or be given access to personal confidential information about or complaints about any pupil, family member or guardian of any pupil, teacher, administrator or other employee of or member of the board of education. Powers 3.93 A school community council may: (a) provide advice and recommendations to the board of education respecting policies, programs and educational service delivery, including fundraising, school fees, pupil code of conduct, grade discontinuance, school closure, religious instruction, and language of instruction but not including educational service delivery by a specific teacher; (b) provide advice to the school staff respecting school programs; and (c) provide advice to other organizations, agencies and governments on the learning needs and well-being of pupils. Constitution 3.94(1) A school community council shall develop and submit for approval to its board of education a constitution that includes its: (a) subcommittees and officers; (b) schedule of meetings; (c) means of public communication and consultation; (d) code of conduct; (e) decision-making processes; and (f) complaint and dispute resolution processes. (2) A school community council s constitution or any amendment to it is not in effect until it is approved by that school community council s board of education. Section 21 amended 8 Section 21 is amended: (a) by repealing clause (b); (b) in clause (c) by striking out aims and substituting philosophy ; and (c) by repealing clause (d).

14 946 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, 2006 Section 22 repealed 9 Section 22 is repealed. Section 23 amended 10 Subsection 23(2) is repealed. New section Section 24 is repealed and the following substituted: Instructional time 24 The principal, in consultation with the teachers and the director of education or a person designated in writing by the director of education, shall determine the instructional time to be allocated to each course per 1,500-minute school week, within the guidelines issued by the minister. Section 25 amended 12 Clauses 25(a) and (b) are repealed. Section 26 repealed 13 Section 26 is repealed. Section 27 repealed 14 Section 27 is repealed. Section 28 repealed 15 Section 28 is repealed. Section 29 amended 16 Section 29 is amended: (a) by striking out the portion preceding clause (a) and substituting: A pupil enrolled in a registered independent school is eligible for Secondary Level credits if: ; and (b) in subclause (b)(i) by striking out in Division IV and substituting at the Secondary Level. Part VIII heading amended 17 The heading preceding section 36 is struck out and the following substituted: Section 36 repealed 18 Section 36 is repealed. PART VIII Textbooks, Library Books, Reference Books and Other Learning Resources. New section Section 37 is repealed and the following substituted: Selection policy and library services 37(1) A board of education and the conseil scolaire shall establish policies concerning: (a) subject to subsection (2), the selection of textbooks, library books, reference books and other learning resources;

15 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, (b) the procedure by which a person may challenge the inclusion or exclusion of specific textbooks, library books, reference books and other learning resources; and (c) the procedures to be used to ensure that pupils have access to the textbooks, library books, reference books and other learning resources that they need to complete their course requirements. (2) Subject to subsection (3), if the minister has prescribed textbooks, library books, reference books or other learning resources, a board of education and the conseil scolaire shall ensure their use in schools. (3) If a board of education or the conseil scolaire requests an exception to the prescribed textbooks, library books, reference books or other learning resources, the minister may approve its use of alternative textbooks, library books, reference books or other learning resources. (4) A board of education or the conseil scolaire may, in accordance with policies established pursuant to clause (1)(a), approve other textbooks, library books, reference books or other learning resources to be provided at the expense of the school division or the conseil scolaire, as the case may be. (5) A board of education and the conseil scolaire shall: (a) provide school library services; and (b) establish policies and standards governing school libraries. Section 39 amended 20 Clause 39(2)(b) is repealed and the following substituted: (b) the school community council. Section 40 amended 21(1) Clause 40(2)(a) is repealed and the following substituted: (a) by a school community council. (2) Clause 40(4)(a) is amended by striking out private school and substituting registered independent school. Section 41 amended 22 Section 41 is amended by striking out board of trustees and substituting school community council. Section 43 repealed 23 Section 43 is repealed. Section 44 amended 24 Section 44 is amended by striking out private school and substituting registered independent school. Section 45 amended 25 Section 45 is amended by striking out Division I,.

16 948 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, 2006 Section 46 amended 26(1) Subsection 46(1) is amended in the portion preceding clause (a) by striking out private school and substituting registered independent school. (2) Subsection 46(4) is amended by striking out to the board of trustees and substituting to its school community council. Section 52 amended 27 Subsection 52(1) is amended: (a) in the portion preceding clause (a) by adding and the conseil scolaire after education ; and (b) by repealing clause (c) and substituting the following: (c) provide special textbooks, library books, reference books or other learning resources and any modified facilities and reduced pupil-teacher ratio that, in the opinion of the board of education or the conseil scolaire, are appropriate. Section 54 amended 28 Subsection 54(7) is repealed and the following substituted: (7) Subject to subsections 37(2) to (4), textbooks, library books, reference books or other learning resources and equipment to be provided by a board of education for each pupil are to include a dual-controlled driver training vehicle and any textbooks, library books, reference books or other learning resources prescribed by the minister. Coming into force 29 These regulations come into force on the day on which they are filed with the Registrar of Regulations.

17 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, SASKATCHEWAN REGULATIONS 103/2006 The Milk Control Act, 1992 Section 10 Board Order dated October 26, 2006 (Filed October 27, 2006) Title 1 These regulations may be cited as The Milk Control Amendment Regulations, 2006 (No. 10). R.R.S. c.m-15 Reg 1, Appendix amended 2 Subsection 3(1) of Part II of the Appendix to The Milk Control Regulations is amended: (a) by repealing clauses (a) and (b) and substituting the following: (a) in the case of class 1a milk: (i) $5.30 per kilogram of butterfat; (ii) $52.57 per hectolitre of skim milk; (b) in the case of class 1b milk: (i) $5.30 per kilogram of butterfat; (ii) $52.57 per hectolitre of skim milk ; and (b) by repealing clauses (m) and (n) and substituting the following: (m) in the case of class 5a milk: (i) $ per kilogram of butterfat; (ii) $ per kilogram of protein; (iii) $ per kilogram of other solids; (n) in the case of class 5b milk: (i) $ per kilogram of butterfat; (ii) $ per kilogram of protein; (iii) $ per kilogram of other solids. Coming into force 3 These regulations come into force on November 1, 2006.

18 950 THE SASKATCHEWAN GAZETTE, NOVEMBER 3, 2006 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2006