Establishing an Independent School

Last updated on July 4, 2024

Date came into force or revised

Revised: June 28, 2024

Status

Current

Policy statement

Independent schools must be established and certified in accordance with the Independent School Act (PDF).

Rationale or purpose of policy

To provide an outline of the process for establishing and certifying an independent school

Authority

Independent School Act (PDF) Section 4 and Schedule

Policy in full

All British Columbia independent schools must satisfy the Inspector of Independent Schools that they meet the requirements specified in the Independent School Act (PDF), and Regulations, Minister's Orders, and Inspector's Orders. The procedures described within this policy set out the steps that must be taken to establish and certify an independent school.

New school proponents are solely responsible for being aware of, and meeting, all the submission dates, and other requirements set out in the procedures below. Late or incomplete submissions at any stage of the process will result in an application not being approved. Special consideration may be given if the applicant can provide satisfactory evidence that extraordinary circumstances beyond their control resulted in their inability to meet a deadline. Failure to adhere to all procedures and requirements of this policy may result in the denial of an application.

Before You Begin

The Application Process

  • Thoroughly review and be familiar with the Independent School Information for Administrators.
  • See the Infographic: Opening an Independent School in British Columbia (PDF).
  • Applicants who do not have experience in navigating the B.C. education system, specifically with establishing an independent school, may benefit from hiring an educational consultant. FISA BC may be able to assist in finding an educational consultant.
  • The Ministry’s role as regulator and evaluator of the applications precludes it from providing assistance and guidance to prospective applicants.
  • Develop a clear model of the school you are seeking to open, considering:
    • Intended final classification being sought;
    • Initial grade ranges (and final desired grade ranges) offered
    • Educational philosophy and educational program; and
    • Sustainability, growth, and marketing plans for the proposed school model
  • Prospective school authorities must be incorporated in British Columbia either as a society under the Societies Act, as a company under the Business Corporations Act, or as established under an Order in Council, or as a Private Act by the time of submission of the EOI.
  • Incorporation applications must be made to the Registrar of Companies. The assistance of a solicitor may be desirable for the incorporation process.
  • Please note: only not-for-profit authorities (incorporated under the BC Societies Act) or by Order in Council or Private Act are eligible for provincial funding.
  • Any proposed change to the authority during the application process must be communicated to the Ministry prior to being implemented.
  • Prior to submitting an EOI, a prospective authority should do its own preliminary analysis on viability to operate an educational program that meets the requirements for certification, including analysis of projected student population, financial resources, facility availability, ability to recruit staff, and other relevant factors.
  • The prospective authority should locate a potential site and begin working with local government (municipality, regional district, or First Nations government) regarding applicable by-laws and zoning requirements to ensure the chosen location can qualify for school use. See the Sample Local Government Compliance Letter.
  • The prospective authority should ensure the facility is suitable for the delivery of the educational program.
  • Any post-secondary institution in B.C. applying to establish or operate an independent school, either directly or indirectly, should contact the Strategic Policy and Initiatives Branch in the Ministry of Advanced Education and Skills Training to discuss alignment with legislative and policy requirements for post-secondary institutions, at: AEST.StrategicPolicy&Initiatives@gov.bc.ca.

Choosing a name:

  • Independent schools should undertake their own due diligence to choose a name that avoids confusion with other public schools, independent schools, language schools or other learning institutions (including post-secondary).
  • Prospective school authorities may be asked to reconsider a name selection if it is similar to the name of an existing school or institution.
  • Please note that the use of the term ‘university’ is limited by the provisions of the Degree Authorization Act.
  • Written consent from Government is required to use words that could imply a connection between a school and government, e.g., school names that incorporate terms such as “government,” or “British Columbia.”

Ministry review of applications:

  • Be aware that late or partially completed submissions at any stage in the process will result in the denial of an application unless the applicant has previously notified the Ministry of extenuating circumstances and received a prior deadline extension from the Inspector of Independent Schools.
  • Any exceptions to the deadlines presented in this policy are at the discretion of the Inspector of Independent Schools in consideration of evidence of exceptional circumstances provided by the applicant.
  • Any request for an extension must be made prior to the submission deadline for that step.
  • Earlier submission is encouraged and will speed up the application’s review and processing.
  • Complete submissions will be reviewed, and responses provided in the order received by the Ministry whenever possible. 
  • Understand that progression through the application process requires successful completion of the previous requirements. Interim Certification (Step 5), for example, will not be issued without the prior, successful completion of Steps 1 – 4.

Group 4 only:

  • Under the Independent School Act, Group 4 independent schools require bonding (in the form of an irrevocable letter of credit or surety bond). For general information on bonding please see the Group 4 Independent School Bonding Policy.  Note, as a result of the requirements of the Bonding Act, a bond provided by a Group 4 applicant can take up to three years to return depending on the circumstances, even for a school that does not open. 
  • Prospective Group 4 schools are advised not to submit finalized bonding documents to the Ministry until after they have been notified whether or not they were successful at the interview stage.  

Key Considerations

 

Procedures related to policy

In order to determine eligibility for certification, prospective applicants must complete the following steps:

Resources

Contact information

For more information about this policy, contact the Independent Schools Office at EDUC.IndependentSchoolsOffice@gov.bc.ca