If the Minister of Education approves a capital plan or a capital plan with modifications, the board of education will prepare a capital bylaw according to section 143 of the School Act (PDF). Capital bylaws are not required for each capital project.
Boards of Education require a capital bylaw for the following:
- Capital plan (including expansion, site acquisitions, replacements/renovations, bus acquisitions, Seismic Mitigation Program, Building Envelope Program, School Enhancement Program, and Carbon Neutral Capital Program). Boards will prepare one bylaw for the annual capital plan. Capital plan bylaws must contain a provision by which the Board authorizes an appropriate official to execute project agreements related to the expenditures contemplated by the underlying capital plan.
- Annual facility grant; Boards will prepare one bylaw for the annual funding
- Special programs (e.g. Full Day Kindergarten); Boards will prepare one bylaw for each special project
- Restricted capital funded projects; Boards will prepare one bylaw for each project
Boards of Education may not amend a capital bylaw except when approved in writing by the Minister of Education (s. 143 (3) of the School Act).
Completing a capital bylaw: Pro formas and explanatory notes for capital and capital amendment bylaws are provided as a guide. Districts may customize the pro forma to suit individual needs – for example, removing the reference to Capital Plan for Annual Facilities Grant.
- Capital Bylaw (RTF)
- Annual Facility Grant, Special Programs, and Restricted Capital Funded Project Bylaw (RTF)
Notes about pro forma documents:
- Red text denotes choice and blue text denotes instruction or guidance. The coloured text should be deleted before presenting the capital bylaw for Board approval.
- Remove the words “CORPORATE SEAL” prior to affixing the Board seal
Processing Certificate of Approvals
For capital projects, once an original project agreement has been signed by the School District and the Ministry, a Certificate of Approval will be issued.
For projects requiring a bylaw, once a capital bylaw has been adopted by a Board of Education, a copy can be faxed or emailed to the Capital Delivery Branch at the Ministry of Education to initiate processing. The original capital bylaw (complete with the Board seal) is required for it to be officially registered and a Certificate of Approval to be issued.