BC Guide for Independent Schools
ADMINISTERING THE INDEPENDENT SCHOOL ACT
This section includes:
Independent School Act and the Role of the Inspector
The Inspector is responsible to the Minister for the administration of the Independent School Act (the "Act" or ISA) and Regulations, Minister's Orders and Inspector's Orders made under the Act. The Inspector's duties include registering, inspecting, and classifying all provincial Kindergarten - Grade 12 independent schools; ensuring that schools maintain standards consistent with their classification; issuing operational, special education and homeschool registration grants to qualifying independent schools; granting, suspending and revoking of independent school teacher certification; and administrating the Ministry of Education's offshore school certification program, independent school distributed learning programs and homeschooling policies.
Inspector's Orders Required to Administer the Independent School Act
The Inspector issues Inspector's Orders to provide operational administration of the Act and Regulations and may amend these orders from time to time.
Legal Action Involving Non-Compliance with the Independent School Act
The Inspector is authorized to initiate legal action on behalf of the Ministry when issues of non-compliance with the Act arise (ISA, section 15).
Other Relevant Legislation and Regulations
Bonding Act
Independent schools classified as Group 4 must post bonds in accordance with the provisions of the Bonding Act - Bonding Regulation, section 15, division 7.1.
Child Care
Pre-school programs do not fall under the jurisdiction of the Inspector of Independent Schools. To obtain a license to operate a pre-school facility, application must be made to the regional health board. For licensing of employees, contact the Community Care Facilities Branch, Ministry of Health Services.
Child, Family, and Community Service Act (Boarding)
Schools which wish to operate boarding facilities for students must receive the written consent of the director designated under the Child, Family, and Community Service Act. (Society Act, section 2(1)(a)).
Child, Family and Community Service Act (Child Abuse)
Section 14 of the Child, Family and Community Services Act requires a person to report to a child welfare worker in the Ministry of Children and Family Development (MCFD) if the person believes that the child is in need of protection in the situations set out in section 13 of the Child, Family and Community Service Act. This may be facilitated by calling the Helpline for Children (310-1234), the local MCFD office, or the toll-free after-hours number (1-800-663-9122, or 660-4927 in Vancouver).
It is critical for independent school administrators and teachers to be informed and up-to-date in matters pertaining to the detection, reporting and investigation of child abuse. A booklet entitled Supporting Our Students: A Guide for Independent School Personnel Responding to Child Abuse  (144KB PDF) has been published by the Inspector (in consultation with MCFD and the RCMP) to provide guidelines for independent school policies and procedures regarding the reporting of and responding to child abuse and neglect. MCFD has provided information to update this protocol for independent schools (5KB PDF) to reflect more recent amendments to the Child, Family and Community Service Act.
Independent school authorities and principals are to advise the Inspector when an employee of an independent school is reported for alleged child abuse.
Criminal Records Review Act (Criminal Record Checks)
The Act requires all persons employed by independent schools to undergo criminal record checks if the employed persons' work involves work with children.
Employment Standards Act
Independent schools must follow the hiring, employment and termination laws as found in the Employment Standards Act.
Freedom of Information and Protection of Privacy Act
TheFreedom of Information and Protection of Privacy Act applies only to government or quasi-government bodies. It does not apply to independent schools, but it does apply to all information government holds about independent schools. However, please note the comments under the Personal Information Protection Act (PIPA).
Gaming Control Act (Direct Access Grants)
Parent support groups of independent schools may apply for a Direct Access Grant. Such grants must be used by the parent support groups to purchase goods or services for independent school students that are not part of the normal budget (example: band uniforms). For information consult the Gaming Policy and Enforcement web site.
Human Rights Code
The Human Rights Code outlaws discrimination on the basis of race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age. Section 41 permits non-profit organizations whose primary purpose is the "promotion of the interests and welfare of an identifiable group or class of persons characterized by a physical or mental disability or by a common race, religion, age, sex, marital status, political belief, colour, ancestry or place of origin" to grant a preference to members of the identifiable groups.
Personal Information Protection Act (PIPA)
The Personal Information Protection Act applies to independent school authorities. It sets out how independent schools have to deal with the collection, use and disclosure of personal information. Helpful sample policies for independent schools may be found on the Federation of Independent School Associations' web site.
School Act
A public school board may share facilities and services with an independent school. Examples from across the province include transportation, learning resource centres, and diagnostic services for learning disabilities. A public school board may also lease to independent schools any of its surplus or temporarily unused facilities, such as classrooms, under section 85 (2) (g) of the School Act.
Social Services Tax Act (Sales Tax Rebate)
Parent support groups of independent schools may receive a sales tax rebate on goods bought for an independent school with money raised by the parent support groups. For information see the Federation of Independent School Associations.
Society Act and Business Corporation Act
An independent school authority must submit an Annual Report (Form 11) to the Registrar of Companies within 30 days of its annual general meeting in order to maintain "good standing".
Taxation Legislation
Independent schools qualify for exemption from municipal property taxes as "a building owned by an incorporated institution of learning that is regularly giving children instruction accepted as equivalent to that given in a public school, in actual occupation by the institution and wholly in use for the purpose of giving the instruction, together with the land on which the building stands (Community Charter, section 220(1) (l) (see also 224(2)9h). The independent school authority must make application to the appropriate local tax authority to establish the extent of the exemption.
Similar legislative provisions appear in section 15 (1) (O) Taxation (Rural Area) Act, and in section 396 (1) (c) (ii) of the Vancouver Charter. A school which meets the requirements under one of these statutes is also exempt from school taxes by virtue of section 129 (e) or 131 of the School Act. It is also possible for schools to be exempted from paying the land transfer tax when new property for a government-funded school is being purchased (Property Transfer Tax Act, section 14 (4) (i)).
Teaching Profession Act
This statue sets out the framework for teachers to be issued a certificate of qualification by the British Columbia College of Teachers. In addition, section 27.1 of the Teaching Profession Act puts a duty on members of the British Columbia College of Teachers to report other members' professional misconduct if they believe that conduct is related to:
(a) physical harm to a student;
(b) sexual abuse or sexual exploitation of a student; or
(c) significant emotional harm to a student.
Workers Compensation Act
The Workers Compensation Act establishes standards for compensation for workplace injury, mental stress, occupational disease or hearing loss. This statute applies to employees of the school and students on school-related work experience. [Note: WCB currently takes the position that independent school students are not deemed to be workers of the crown as are public school students. Independent schools therefore need to make individual arrangements with WCB for coverage for students on school-related work experience.]
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