Under the authority of the School Act, Sections 141 and 144
141 (1) Subject to the orders of the minister, a board may
(a) engage in a tendering process related to any capital expenditure by the board, and
(b) spend money
(i) for a local capital project
(ii) for an annual capital project
(iii) for a capital plan project, with the approval of the minister.
(2) Subject to the provisions of this Act respecting a local capital project and a capital plan project, a board may spend money on a joint capital project.
144 (1) A board must not borrow or spend money in respect of a capital plan expense unless
(a) the board has adopted a capital bylaw in accordance with section 143, and
(b) the minister has in writing authorized the borrowing or expenditure.
(2) An approval of a capital plan by the minister under section 142 (5) is not an authorization for the purpose of subsection (1) (b).
(3) A board that is authorized under subsection (1) (b) to borrow or to make an expenditure must, if the minister so directs, spend on the capital plan project such part of any surplus referred to in section 156 (10) as the minister specifies.
(4) A board that borrows money in respect of a capital plan project approved under subsection (1) must, if the minister so directs, apply to the discharge of the loan any part of a surplus referred to in section 156 (10) that the minister specifies.
(5) Despite subsection (1), a board may borrow or spend money in respect of a capital expense if
(a) the borrowing and expenditure is required because of an emergency, and
(b) the minister approves
(i) the capital project for which the capital expense is to be incurred, and
(ii) all borrowings and expenditures for that capital project.
(6) A board must not borrow money in respect of a local capital expense or an annual capital expense unless the minister has in writing authorized the borrowing. |