Mike Bernier, B.C. Minister of Education

Mike Bernier, B.C. Minister of Education

Education Minister Mike Bernier is once again denying the B.C. School Act gives him to power to stop the closure of Osoyoos Secondary School (OSS).

The Town of Osoyoos on Thursday posted to its website a reply to the town from Bernier dated May 19 in which Bernier suggests his power to issue ministerial orders is limited.

“The ministerial order power merely provides me with the ability to describe the manner in which a board goes about exercising their discretion,” Bernier’s letter says. “I do not have the ability to overturn a board’s decision to close a school.”

Since School District 53 announced in January it had decided to move forward with closing OSS, Bernier has taken the position that the decision lies with the local school board and he should not interfere.

Sections 73 (1) and 168 (2) of the school act give the minister the power to “make orders for the purpose of carrying out any of the minister’s powers, duties or functions under this Act and without restriction, may make orders … respecting the opening and closing of schools …”

School boards are given the power to open, close or reopen a school “subject to the orders of the minister.”

Bernier’s letter also notes that the Town of Osoyoos has launched legal action against the school district.

“It would therefore be inappropriate for me to comment on the issue of the consultation process the board undertook concerning their decision to close Osoyoos Secondary School,” Bernier said.

RICHARD McGUIRE

Osoyoos Times