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O. Reg. 191/04: Operation of Schools - General

filed June 28, 2004 under Education Act, R.S.O. 1990, c. E.2

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ontario regulation 191/04

made under the

education act

Made: June 1, 2004
Approved: June 23, 2004
Filed: June 28, 2004
Printed in The Ontario Gazette: July 17, 2004

Amending Reg. 298 of R.R.O. 1990

(Operation of Schools — General)

1. (1) The definition of “business studies” in section 1 of Regulation 298 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“business studies” means the courses prescribed or developed under subsection 8 (1) of the Act and described in,

(a) the document entitled “Business Studies - The Ontario Curriculum, Grades 9 and 10 - 1999”, available on the Ministry of Education web site at www.edu.gov.on.ca, and

(b) the document entitled “Business Studies - The Ontario Curriculum, Grades 11 and 12 - 2000”, available on the Ministry of Education web site at www.edu.gov.on.ca; (“enseignement commercial”)

(2) Section 1 of the Regulation is amended by adding the following definition:

“certificate of qualification” means a certificate of qualification granted under Ontario Regulation 184/97 made under the Ontario College of Teachers Act, 1996; (“certificat de compétence”)

(3) The definition of “general studies” in section 1 of the Regulation is revoked and the following substituted:

“general studies” means the courses prescribed or developed for the intermediate and senior divisions under subsection 8 (1) of the Act and described in the secondary curriculum documents available on the Ministry of Education web site at www.edu.gov.on.ca, excluding the courses described in,

(a) the document entitled “Technological Education - The Ontario Curriculum, Grades 9 and 10 - 1999”, other than the sections relating to Computer and Information Science, Grade 10, Open and Computer Engineering Technology, Grade 10, Open, and

(b) the document entitled “Technological Education - The Ontario Curriculum, Grades 11 and 12 - 2000”, other than Part B: Computer Studies; (“enseignement général”)

(4) The definition of “OSIS” in section 1 of the Regulation is revoked.

(5) The definition of “technological studies” in section 1 of the Regulation is revoked and the following substituted:

“technological studies” means the courses prescribed or developed under subsection 8 (1) of the Act and described in,

(a) the document entitled “Technological Education - The Ontario Curriculum, Grades 9 and 10 - 1999”, other than the sections relating to Computer and Information Science, Grade 10, Open and Computer Engineering Technology, Grade 10, Open, available on the Ministry of Education web site at www.edu.gov.on.ca, and

(b) the document entitled “Technological Education - The Ontario Curriculum, Grades 11 and 12 - 2000”, other than Part B: Computer Studies, available on the Ministry of Education web site at www.edu.gov.on.ca. (“études technologiques”)

2. (1) Subsection 8 (1) of the Regulation is amended by striking out “a Roman Catholic separate school board, other than a Roman Catholic school board” and substituting “a Roman Catholic school authority”.

(2) Subsection 8 (4) of the Regulation is amended by striking out “A Roman Catholic separate school board, other than a Roman Catholic school board” and substituting “A Roman Catholic school authority”.

3. (1) Clause 9 (1) (a) of the Regulation is amended by striking out “under Regulation 297 of the Revised Regulations of Ontario, 1990” and substituting “under Ontario Regulation 184/97, made under the Ontario College of Teachers Act, 1996”.

(2) Clause 9 (1) (b) of the Regulation is amended by striking out “under section 47 of Regulation 297 of the Revised Regulations of Ontario, 1990” and substituting “under section 50 of Ontario Regulation 184/97, made under the Ontario College of Teachers Act, 1996”.

4. Section 10 of the Regulation is revoked.

5. (1) Clause 11 (5) (a) of the Regulation is amended by striking out “as defined in section 309 of the Act” and substituting “as defined in subsection 1 (1) of the Act”.

(2) Clause 11 (5) (b) of the Regulation is amended by striking out “in which there is an English-language instructional unit as mentioned in subsection 325 (1) of the Act” and substituting “in which pupils receive instruction in the English language under subsection 290 (5) or 291 (4) of the Act”.

6. (1) Subsection 13 (1) of the Regulation is amended by striking out “under section 289 of the Act” and substituting “under section 290 of the Act”.

(2) Subsection 13 (5) is amended by striking out “under sections 289 and 301 of the Act” and substituting “under sections 290 and 291 of the Act”.

7. (1) Subsections 19 (1), (2) and (3) of the Regulation are revoked and the following substituted:

(1) Subject to subsections (2) and (3), no person shall be a teacher in a school unless he or she,

(a) holds or is deemed to hold a certificate of qualification; and

(b) subject to subsections (4), (5), (11) and (12), is assigned or appointed to teach according to a qualification recorded on the certificate of qualification.

(2) A person who does not hold and is not deemed to hold a certificate of qualification but who holds an interim certificate of qualification, an interim certificate of qualification (limited), or a certificate of qualification (restricted) referred to, as the case may be, in subsection 13 (1), 13.1 (1), 28 (3) or 29 (1) of Ontario Regulation 184/97 made under the Ontario College of Teachers Act, 1996, may be a teacher in a school in a subject or program,

(a) for which the person’s certificate is valid; or

(b) in which the person has received training, as indicated on the certificate.

(3) A person who does not have any of the qualifications referred to in subsection (2) but who holds a letter of eligibility referred to in section 14 of Ontario Regulation 184/97 made under the Ontario College of Teachers Act, 1996 may be employed by a board as an occasional teacher,

(a) in classes where English is the language of instruction if the letter of eligibility is in Form 5 of Regulation 297 of the Revised Regulations of Ontario, 1990 as that regulation read immediately before it was revoked; or

(b) in classes where French is the language of instruction if the letter of eligibility is in Form 5a of Regulation 297 of the Revised Regulations of Ontario, 1990 as that regulation read immediately before it was revoked.

(2) Subsection 19 (4) of the Regulation is amended by striking out “Ontario Teacher’s Qualifications Record Card, or the record of qualification in respect of such teacher held by the Ministry” wherever it occurs and substituting in each case “certificate of qualification”.

(3) Subsection 19 (5) of the Regulation is amended by striking out “Ontario Teacher’s Qualification Record Card, or the record of qualification in respect of such teacher held by the Ministry” wherever it occurs and substituting in each case “certificate of qualification”.

(4) Subsection 19 (6) of the Regulation is amended by striking out “an acceptable university degree as defined in the definition of “acceptable university degree” in section 1 of Regulation 297 of the Revised Regulations of Ontario, 1990” in the portion before clause (a) and substituting “an acceptable post-secondary degree as defined in subsection 1 (1) of  Ontario Regulation 184/97 made under the Ontario College of Teachers Act, 1996”.

(5) Subsection 19 (7) of the Regulation is amended by striking out “Ontario Teacher’s Qualifications Record Card or the record of qualification in respect of the teacher held by the Ministry” in the portion following clause (b) and substituting “certificate of qualification”.

(6) Clause 19 (14) (a) of the Regulation is amended by striking out “in any of grades 9, 10, 11, 12 and 13” and substituting “in any of grades 9, 10, 11 and 12”.

(7) Clause 19 (14) (d) of the Regulation is amended by striking out “Ontario Teacher’s Qualifications Record Card or the record of qualification in respect of the teacher held by the Ministry” and substituting “certificate of qualification”.

(8) Subsection 19 (15) of the Regulation is amended by striking out “Ontario Teacher’s Qualifications Record Card or the record of qualification in respect of the teacher held by the Ministry” and substituting “certificate of qualification”.

(9) Subsection 19 (16) of the Regulation is revoked.

(10) Subsection 19 (18) of the Regulation is amended by striking out “Ontario Teacher’s Qualifications Record Card or record of qualification” and substituting “certificate of qualification”.

(11) Subsection 19 (20) of the Regulation is amended by striking out “Ontario Teacher’s Qualifications Record Card or the record of qualification in respect of the teacher held by the Ministry” and substituting “certificate of qualification”.

8. Section 27 of the Regulation is revoked and the following substituted:

27. Sections 28 and 29 do not apply to a Roman Catholic board or to a Protestant separate school board.

9. Subsection 29 (2) of the Regulation is revoked and the following substituted:

(2) A board may enter into an agreement with a Roman Catholic board that permits the Roman Catholic board to use space and facilities to conduct religious exercises or provide religious instruction for the purposes of the Roman Catholic board.

10. (1) Clause 31 (b) of the Regulation is amended by striking out “pupils who are trainable retarded” and substituting “pupils who have developmental disabilities”.

(2) Clause 31 (d) of the Regulation is amended by striking out “pupils who are educable retarded children” and substituting “pupils who have mild intellectual disabilities”.

Made by:
Pris par :

Le ministre de l’Éducation,

Gerard Kennedy

Minister of Education

Date made:  June 1, 2004.
Pris le : 1er juin 2004.

 

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