Maintaining Continuity between Old Education Act and the New Education Act

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The Education Act Interim Regulations (2024-2026), issued under subsection 203(3) of the Education Act, S.Nu. 2008, c.15, establish guidelines for the education system in Nunavut during the 2024-2025 and 2025-2026 school years. These regulations aim to improve continuity in educational policies as Nunavut transitions from the old Education Act, S.N.W.T. 1995, c.28, to the new Education Act, S.Nu. 2008, c.15.

The regulations define the “former Act” as the 1995 Education Act of the Northwest Territories and the “new Act” as the 2008 Education Act of Nunavut. The “interim period” refers to the two school years from 2024 to 2026. During this time, provisions from the former Act will remain in effect, with necessary adjustments, unless replaced by new regulations. The regulations apply only for this interim period and will be repealed on June 30, 2026, overriding any conflicting provisions in the new Act or other legislation.

Several key provisions address specific areas of education policy. For agreements between adult students and parents, subsection 4(4) of the new Act allows such agreements to take any form acceptable to the school principal during the interim period. Teaching standards and directions from the previous interim regulations (2022-2024) are continued, with the Minister retaining the authority to modify or revoke them. If conflicts arise between older and newer teaching standards, those established under the new Act will take precedence.

Local education programs approved during the 2022-2024 period are automatically deemed approved for the 2024-2026 period, with the option for the Minister or district education authority (DEA) to request revisions. Any conflicts between earlier and newly approved programs will be resolved in favor of the new ones. Additionally, school principals are required to submit reports on the effectiveness of school programs, as stipulated in the new Act, even if supporting regulations are not yet finalized.

The regulations also address homeschooling, with most of the previous Home Schooling Regulations continuing to apply during the interim period. District education authorities are responsible for investigating recommendations to terminate homeschooling programs and making final determinations. Principals must provide monthly attendance reports as required by the new Act, and DEAs must regularly update the community on school attendance data. Principals are also tasked with reporting student behavior in accordance with section 60 of the new Act, despite the absence of specific regulations.

These interim regulations ensure a smooth transition between the old and new educational frameworks in Nunavut, maintaining continuity in areas such as teaching standards, local programs, homeschooling, attendance reporting, and educator certification. The regulations will be in force until June 30, 2026, when they will be repealed as Nunavut fully implements the new Education Act from 2008.

Nunavut (R-017-2024) July 30, 2024