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Policy 15: Board Delegation of Authority

BOARD POLICY #15

POLICY TITLE

BOARD DELEGATION OF AUTHORITY

POLICY HOLDER

Board of Trustees Palliser Regional Schools

ORIGINAL DATE

 November 2018

REVIEW DATE

 May 25, 2021

REVISED DATE

June 15, 2021 

NEXT REVIEW

 

The Education Act allows for the Board to delegate certain of its responsibilities and powers to others.

The Board authorizes the Superintendent to do any act or thing or to exercise any power that the Board may do, or is required to do, or may exercise, except those matters which, in accordance with section 52(1) of the Education Act, cannot be delegated. This delegation of authority to the Superintendent specifically includes:

  1. Any authority or responsibility set out in the Education Act and regulations as well as authority or responsibility set out in other legislation or regulations;
  2. The ability to enact administrative procedures, practices or regulations required to carry out this authority; and also
  3. The ability to sub-delegate this authority and responsibility as required.

Notwithstanding the above, the Board reserves to itself the authority to make decisions on specific matters requiring Board approval. This reserved authority of the Board is set out in Board policies, as amended from time to time.

Further, the Board requires that any new provincial, regional or local obligations must be initially brought to the Board for discussion and determination of decision-making authority.

The Board expressly delegates to the Superintendent, and/or a designate, the authority to discipline, suspend or dismiss an employee, subject to the limitations of legislation, collective or contractual agreements and Board policy. Any suspensions or dismissal shall be reported to the Board as soon as practical.

The Superintendent is directed to develop an Administrative Procedure to fulfill Board obligations created by any federal or provincial legislation.

In absence of Board policy in cases where an immediate administrative response is required the Superintendent will:

  1. If time permits, consult with the Board Chair.
  2. Inform the Board as soon as is practical and at the next regular meeting of the action taken and the nature of the emergent issue and where warranted, the need for policy in the event of future occurrences.
  3. The action must be taken with regard for the tenor of the Board’s foundational statements.
  4. The Superintendent is directed to develop an administrative procedure to fulfill Board obligations created by any federal legislation or provincial legislation other than the School Act.

 

Legal Reference:

Section, 51, 213 Education Act