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O. Reg. 212/09: CONTINUATION, AREAS OF JURISDICTION AND NAMES OF DISTRICT SCHOOL BOARDS

filed June 1, 2009 under Education Act, R.S.O. 1990, c. E.2

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ontario regulation 212/09

made under the

education Act

Made: May 27, 2009
Filed: June 1, 2009
Published on e-Laws: June 3, 2009
Printed in The Ontario Gazette: June 20, 2009

Amending O. Reg. 486/01

(Continuation, Areas of Jurisdiction and Names of District School Boards)

1. (1) Paragraph 1 of section 4 of Ontario Regulation 486/01 is amended by striking out “and” at the end of sub-subparagraph iv C and adding the following subparagraph:

iv.1 in the Territorial District of Sudbury,

A. lots numbered 1 to 12, inclusive, in each of Concessions IV,V,VI, and VII of the geographic township of Foleyet, and

B.   all property within a two mile radius from the Canadian National Railway station at Gogama, and

(2) Sub-subparagraph 2 ii B of section 4 of the Regulation is revoked and the following substituted:

B. in the Territorial District of Sudbury,

Bracken, Caverley, Chapleau, de Gaulle, Eisenhower, Gallagher, Genier, Halsey, Kaplan, Leeson, Panet, Rennie and Stover, and

(3) Subparagraph 2 iii of section 4 of the Regulation is amended by striking out “and” at the end of sub-subparagraph B and adding the following sub-subparagraphs:

D. the portion of the geographic township of Echum described as follows:

Beginning at a point on the eastern boundary of the geographic township of Echum due east of the Canadian Pacific Railway station at Dalton, the boundary of the school section shall follow the boundary of the geographic township of Echum north for two miles, thence the boundary line of the section shall run due west five miles, thence due south to a point lying on the same straight line as points in the northern boundary of School Section No. 1, Echum, thence the boundary line shall run due east five miles, thence along the eastern boundary of the geographic township of Echum north to the point of departure, and

E. the portion of the geographic township of West described as follows:

Commencing at a point one mile due north of the Canadian Pacific Railway station, the boundary line shall run two and one-half miles due east, thence five miles due south, thence five miles due west, thence five miles due north, thence two and one-half miles due east to the point of departure.

(4) Subparagraph 3 iii of section 4 of the Regulation is revoked and the following substituted:

iii. the following geographic townships in the Territorial District of Sudbury:

Asquith, Burwash, Cartier, Cascaden, Churchill, Cox, Curtin, Davis, Fawcett, Foster, Foy, Garibaldi, Garvey, Hart, Harty, Hendrie, Hennessy, Hess, Laura, Macmurchy, Miramichi, Moncrieff, Mongowin, Roosevelt, Secord, Servos and Truman, and

(5) Subparagraph 5 i of section 4 of the Regulation is amended by adding “Pickle Lake” after “Machin”.

(6) Paragraph 5 of section 4 of the Regulation is amended by striking out “and” at the end of subparagraph iii, by adding “and” at the end of sub-subparagraph iv G and by adding the following subparagraph:

v. in the Territorial District of Thunder Bay,

A. using a line passing east and west through the Canadian National Railway station at Savant Lake as base, and extending 2.5 miles east and 2.5 miles west of said station, all that territory one mile north and four miles south of said base line,

B. commencing at mileage post 54 near Allanwater Bridge on Canadian National Railway line, a line is run due east and west for a distance of 2.5 miles on each side of this post for base line. School Section No. 1, Allanwater Bridge, shall comprise all that territory lying 2.5 miles to the north, and 2.5 miles to the south of this base line, and

C. in the geographic township of Upsala, Concessions I, II, III and the south half of Concession IV, and Lots 1 to 10, inclusive, in each of the north half of Concession IV, Concession V and Concession VI.

(7) Subparagraph 7 iii of section 4 of the Regulation is amended by striking out “and” at the end of sub-subparagraph B and by adding the following sub-subparagraphs:

D. all and singular that tract of land having an area of one square mile and bounded as follows:

On the north by a line drawn due east and west astronomically through a point distant one-half mile measured due north astronomically from mile board 21 on the main line of the Canadian National Railway at the hamlet of Collins; on the east by a line drawn due north and south astronomically through a point distant one-half mile due east astronomically from the said mile board; on the south by a line drawn due east and west astronomically through a point distant one-half mile due south astronomically from the said mile board; and on the west by a line drawn due north and south astronomically through a point distant one-half mile due west astronomically from the said mile board,

E. using a line passing east and west through the Grand Trunk Pacific Railway (now Canadian National Railway) station at Armstrong as base and extending 2.5 miles east and 2.5 miles west of said station, all that territory 2.5 miles north and 2.5 miles south of said base line shall constitute School Section No. 1, Armstrong,

F. using a line beginning at the Grand Trunk Pacific Railway bridge over the Ombabika River, and extending true east a distance of three miles, School Section No. 1, Auden, shall comprise all that territory lying two and one-half miles true north and two and one-half miles true south of the said base line, and east of the Ombabika River, and

G.   At Ferland, Ontario, a square, of which each side measures five miles in length, and lies in a true north-south or east-west direction, and of which the centre is a point on the main line of the Canadian National Railway located a distance of one half mile along the railway in a westerly direction from the centre point of the Canadian National Railway bridge over Seymour Creek.

(8) Subparagraph 8 ii of section 4 of the Regulation is amended by striking out “The Caramat District School Area and The Nakina District School Area”.

(9) Subparagraphs 30 ii and iii of section 4 of the Regulation are revoked and the following substituted:

ii. the geographic area of the local municipalities of Pembroke and South Algonquin.

2. (1) Subparagraph 1 i of section 7 of the Regulation is amended by adding “Moosonee” after “Moonbeam”.

(2) Paragraph 1 of section 7 of the Regulation is amended by striking out “and” at the end of subparagraph iv and by adding the following subparagraph:

iv.1 in the Territorial District of Sudbury,

A. lots numbered 1 to 12, inclusive, in each of Concessions IV,V,VI, and VII of the geographic township of Foleyet, and

B. all property within a two mile radius from the Canadian National Railway station at Gogama, and

(3) Subparagraph 2 i of section 7 of the Regulation is revoked and the following substituted:

i. the geographic areas of the following local municipalities:

Armour, Bonfield, Burk’s Falls, Calvin, Carling, Chisholm, East Ferris, Joly, Kearney, Machar, Mattawa, Mattawan, McDougall, McKellar, McMurrich/Monteith, Nipissing, North Bay, North Himsworth, Papineau-Cameron, Parry Sound, Perry, Powassan, Ryerson, Seguin, South River, Strong, Sundridge and West Nipissing,

(4) Subparagraph 3 i of section 7 of the Regulation is revoked and the following substituted:

i. the geographic areas of the following local municipalities:

Baldwin; Blind River; Chapleau; Dubreuilville; Elliot Lake; Espanola; Hornepayne; Johnson; Laird; Macdonald, Meredith and Aberdeen Additional; Michipicoten; Nairn and Hyman; Prince; Sables-Spanish Rivers; Sault Ste. Marie; Shedden; Tarbutt and Tarbutt Additional; The North Shore and White River,

(5) Sub-subparagraph 3 iv A of section 7 of the Regulation is revoked and the following substituted:

A. in the Territorial District of Algoma,

Archibald, Aweres, Chenard, Dennis, Deroche, Esquega, Fenwick, Fiddler, Finan, Fisher, Gaudette, Grasett, Havilland, Herrick, Hodgins, Home, Huotari, Jarvis, Kars, Kincaid, Ley, Montgomery, Nouvel, Parkinson, Patton, Peever, Pennefather, Rix, Ryan, Shields, Slater, Tilley, Tupper and VanKoughnet, and

(6) Subparagraph 5 i of section 7 of the Regulation is amended by adding “Atikokan” after “Alberton”.

(7) Subparagraph 6 i of section 7 of the Regulation is revoked and the following substituted:

i. the geographic area of the local municipalities of Ear Falls, Kenora and Red Lake,

(8) Subparagraph 6 iv of section 7 of the Regulation is amended by striking out “and” at the end of sub-subparagraph A, by adding “and” at the end of sub-subparagraph B and by adding the following sub-subparagraph:

C. the portion of the geographic Township of Baird that is not included in the geographic area of the local municipality of Red Lake.

(9) The English version of paragraph 12 of section 7 of the Regulation is amended by adding “the” before “London” in the portion before subparagraph i.

3. (1) Paragraph 1 of section 10 of the Regulation is amended by striking out “and” at the end of sub-subparagraph vi C and by adding the following subparagraphs:

vi.1 in the Territorial District of Sudbury, Lots numbered 1 to 12, inclusive, in each of Concessions IV,V,VI, and VII of the geographic township of Foleyet, and

vi.2 all property within a two mile radius from the Canadian National Railway station at Gogama.

(2) Subparagraph 2 ii of section 10 of the Regulation is amended by adding “Pickle Lake” after “Oliver Paipoonge”.

(3) Subparagraph 2 v of section 10 of the Regulation is amended by striking out “The Caramat District School Area and The Nakina District School Area,” at the end.

(4) Sub-subparagraph 2 vi D of section 10 of the Regulation is revoked and the following substituted:

D. in the Territorial District of Sudbury,

Asquith, Bracken, Burwash, Cartier, Cascaden, Caverley, Chapleau, Churchill, Cox, Curtin, Davis, de Gaulle, Eisenhower, Fawcett, Foster, Foy, Gallagher, Garibaldi, Garvey, Genier, Halsey, Hart, Harty, Hendrie, Hennessy, Hess, Kaplan, Laura, Leeson, Macmurchy, Miramichi, Moncrieff, Mongowin, Panet, Rennie, Roosevelt, Secord, Servos, Stover and Truman, and

(5) Subparagraph 2 vii of section 10 of the Regulation is amended by striking out “and” at the end of sub-subparagraph B and by adding the following sub-subparagraphs:

D. the portion of the geographic township of Echum described as follows:

Beginning at a point on the eastern boundary of the geographic township of Echum due east of the Canadian Pacific Railway station at Dalton, the boundary of the school section shall follow the boundary of the geographic township of Echum north for two miles, thence the boundary line of the section shall run due west five miles, thence due south to a point lying on the same straight line as points in the northern boundary of School Section No. 1, Echum, thence the boundary line shall run due east five miles, thence along the eastern boundary of the geographic township of Echum north to the point of departure, and

E. the portion of the geographic township of West described as follows:

Commencing at a point one mile due north of the Canadian Pacific Railway station, the boundary line shall run two and one-half miles due east, thence five miles due south, thence five miles due west, thence five miles due north, thence two and one-half miles due east to the point of departure.

(6) Subparagraph 2 xi of section 10 of the Regulation is amended by striking out “and” at the end of sub-subparagraph D and by adding the following sub-subparagraphs:

F. all and singular that tract of land having an area of one square mile and bounded as follows:

On the north by a line drawn due east and west astronomically through a point distant one-half mile measured due north astronomically from mile board 21 on the main line of the Canadian National Railway at the hamlet of Collins; on the east by a line drawn due north and south astronomically through a point distant one-half mile due east astronomically from the said mile board; on the south by a line drawn due east and west astronomically through a point distant one-half mile due south astronomically from the said mile board; and on the west by a line drawn due north and south astronomically through a point distant one-half mile due west astronomically from the said mile board,

G. using a line passing east and west through the Canadian National Railway station at Savant Lake as base, and extending 2.5 miles east and 2.5 miles west of said station, all that territory one mile north and four miles south of said base line,

H. commencing at mileage post 54 near Allanwater Bridge on Canadian National Railway line, a line is run due east and west for a distance of 2.5 miles on each side of this post for base line. School Section No. 1, Allanwater Bridge, shall comprise all that territory lying 2.5 miles to the north, and 2.5 miles to the south of this base line,

I. using a line passing east and west through the Grand Trunk Pacific Railway (now Canadian National Railway) station at Armstrong as base and extending 2.5 miles east and 2.5 miles west of said station, all that territory 2.5 miles north and 2.5 miles south of said base line shall constitute School Section No. 1, Armstrong,

J. using a line beginning at the Grand Trunk Pacific Railway bridge over the Ombabika River, and extending true east a distance of three miles, School Section No. 1, Auden, shall comprise all that territory lying two and one-half miles true north and two and one-half miles true south of the said base line, and east of the Ombabika River,

K. at Ferland, Ontario, a square, of which each side measures five miles in length, and lies in a true north-south or east-west direction, and of which the centre is a point on the main line of the Canadian National Railway located a distance of one half mile along the railway in a westerly direction from the centre point of the Canadian National Railway bridge over Seymour Creek, and

L. in the geographic township of Upsala, Concessions I, II, III and the south half of Concession IV, and Lots 1 to 10, inclusive, in each of the north half of Concession IV, Concession V and Concession VI.

(7) Subparagraph 4 iii of section 10 of the Regulation is revoked and the following substituted:

iii. the geographic areas of the following local municipalities:

Belleville, Cornwall, County of Prince Edward, Gananoque, Kingston, Ottawa, Pembroke, Prescott, Smiths Falls and South Algonquin,

(8) Paragraph 4 of section 10 of the Regulation is amended by striking out “and” at the end of subparagraph iv and by striking out subparagraph v.

4. (1) Paragraph 1 of section 13 of the Regulation is amended by striking out “and” at the end of subparagraph iv and by adding the following subparagraph:

iv.1 in the Territorial District of Sudbury,

A. lots numbered 1 to 12, inclusive, in each of Concessions IV,V,VI, and VII of the geographic township of Foleyet, and

B. all property within a two mile radius from the Canadian National Railway station at Gogama, and

(2) Subparagraph 3 i of section 13 of the Regulation is revoked and the following substituted:

i. the geographic areas of the following local municipalities:

Baldwin; Blind River; Chapleau; Dubreuilville; Elliot Lake; Espanola; French River; Greater Sudbury; Hornepayne; Johnson; Killarney; Laird; Macdonald, Meredith and Aberdeen Additional; Markstay-Warren; Michipicoten; Moosonee; Nairn and Hyman; Prince; Sables-Spanish Rivers; St.-Charles; Sault Ste. Marie; Shedden; Tarbutt and Tarbutt Additional; The North Shore and White River,

(3) Sub-subparagraph 3 iv A of section 13 of the Regulation is revoked and the following substituted:

A. in the Territorial District of Algoma,

Archibald, Aweres, Chenard, Dennis, Deroche, Esquega, Fenwick, Fiddler, Finan, Fisher, Gaudette, Grasett, Havilland, Herrick, Hodgins, Home, Huotari, Jarvis, Kars, Kincaid, Ley, Montgomery, Nouvel, Parkinson, Patton, Peever, Pennefather, Rix, Ryan, Shields, Slater, Tilley, Tupper and VanKoughnet,

(4) Subparagraph 4 i of section 13 of the Regulation is revoked and the following substituted:

i. the geographic areas of the following local municipalities:

Alberton, Atikokan, Chapple, Conmee, Dawson, Dorion, Dryden, Ear Falls, Emo, Fort Frances, Gillies, Ignace, Kenora, Lake of the Woods, La Vallee, Machin, Manitouwadge, Marathon, Morley, Neebing, Nipigon, O’Connor, Oliver Paipoonge, Rainy River, Red Lake, Red Rock, Schreiber, Shuniah, Sioux Lookout, Sioux Narrows-Nestor Falls, Terrace Bay and Thunder Bay,

(5) Subparagraph 4 vi of section 13 of the Regulation is amended by striking out “and” at the end of sub-subparagraph C, by adding “and” at the end of sub-subparagraph D and by adding the following sub-subparagraph:

E. the portion of the geographic Township of Baird that is not included in the geographic area of the local municipality of Red Lake,

5. The Regulation is amended by adding the following sections:

Transition re Boundary Changes Made by Ontario Regulation 177/08

Transition re Mine Centre board

13.1 (1) In this section and sections 13.2 and 13.3,

“Mine Centre Board” means the Mine Centre District School Area Board; (“conseil de Mine Centre”)

“Rainy River Board” means the Rainy River District School Board. (“conseil de Rainy River”)

(2) During the period beginning on September 1, 2008 and ending on November 30, 2010,

(a) the interests of the former electors of the Mine Centre Board shall be represented,

(i) on the Rainy River Board, by the members of that board elected to represent the Town of Fort Frances or their successors, if any, and

(ii) on the Conseil scolaire de district du Grand Nord de l’Ontario, by the member of that board elected to represent the Town of Fort Frances or his or her successor, if any;

(b) the former members of the Mine Centre Board have the right to be notified of and consulted on any matter considered by the members of the Rainy River Board that would have been within the jurisdiction of the Mine Centre Board before its amalgamation with the Rainy River Board;

(c) the former members of the Mine Centre Board are entitled to receive any honorarium that they would otherwise have received under section 191 of the Act; and

(d) the former members of the Mine Centre Board are entitled to receive an allowance under section 191.2 of the Act in respect of expenses incurred and travel taking place before September 1, 2008, but not for expenses incurred and travel taking place on or after that date.

Teacher performance appraisals

13.2 (1) This section applies to teachers who were employed by the Mine Centre Board on June 5, 2008 and who, after the amalgamation of the Mine Centre Board with the Rainy River Board, are employed by the Rainy River Board.

(2) Despite subsection 4 (3) of Ontario Regulation 99/02 (Teacher Performance Appraisal) made under the Act, the first year in which a teacher to whom this section applies is employed by the Rainy River Board shall not be an evaluation year if he or she had an evaluation year within the four years preceding the amalgamation of the Mine Centre Board with the Rainy River Board.

Municipal Elections Act, 1996

13.3 (1) For the purposes of subsection 79 (8) of the Municipal Elections Act, 1996, an amount held in trust for a candidate who was nominated for an office on the Mine Centre Board in the regular election immediately preceding September 1, 2008, or for his or her successor, if any, shall be paid by the clerk to the candidate or successor, with interest, if he or she is nominated for an office on the Rainy River Board in the next regular election following September 1, 2008, or in an earlier by-election.

(2) An amount that becomes payable to the Mine Centre Board under subsection 79 (9) of the Municipal Elections Act, 1996 after August 31, 2008 shall be paid to the Rainy River Board.

6. The Regulation is amended by adding the following sections:

Transition re Boundary Changes Made by Ontario Regulation 212/09

Definition

13.4 (1) In this section and sections 13.5 to 13.8,

“isolate board” means a board listed in Column 1 of the Table to this section; (“conseil isolé”)

“successor board” means a board listed in Column 2 of the Table to this section. (“conseil successeur”)

(2) For the purposes of sections 13.3 to 13.6, the successor board for an isolate board is listed in Column 2 of the Table to this section opposite the name of the isolate board in Column 1 of the Table.

Table

 

Item

Column 1

Column 2

 

Isolate board

Successor board

1.

The Airy and Sabine District School Area Board

Renfrew County District School Board

2.

The Asquith-Garvey District School Area Board

Rainbow District School Board

3.

The Atikokan Roman Catholic Separate School Board

Northwest Catholic District School Board

4.

The Caramat District School Area Board

Superior-Greenstone District School Board

5.

The Collins District School Area Board

Lakehead District School Board

6.

The Connell and Ponsford District School Area Board

Keewatin-Patricia District School Board

7.

Conseil des écoles séparées catholiques de Dubreuilville

Conseil scolaire de district catholique du Nouvel-Ontario

8.

The Foleyet District School Area Board

District School Board Ontario North East

9.

The Foleyet Roman Catholic Separate School Board

Conseil scolaire de district catholique des Grandes Rivières

10.

The Gogama District School Area Board

District School Board Ontario North East

11.

The Gogama Roman Catholic Separate School Board

Conseil scolaire de district catholique des Grandes Rivières

12.

The Hornepayne Roman Catholic Separate School Board

Huron-Superior Catholic District School Board

13.

The Missarenda District School Area Board

Algoma District School Board

14.

The Moosonee Roman Catholic Separate School Board

Northeastern Catholic District School Board

15.

The Murchison and Lyell District School Area Board

Renfrew County District School Board

16.

The Nakina District School Area Board

Superior-Greenstone District School Board

17.

The Northern District School Area Board

Lakehead District School Board

18.

The Parry Sound Combined Roman Catholic Separate School Board

Nipissing-Parry Sound Catholic District School Board

19.

The Red Lake Area Combined Roman Catholic Separate School Board

Kenora Catholic District School Board

20.

The Upsala District School Area Board

Keewatin-Patricia District School Board

Restrictions on isolate boards

13.5 (1) After May 31, 2009, an isolate board shall not do any of the following things without the prior approval of the Minister or unless it is done in accordance with the board’s estimates of its revenues and expenditures prepared under subsection 231 (1) of the Act for the 2008-2009 school year, as reviewed by the Minister:

1. Pass a by-law or resolution relating to a payment.

2. Convey an interest in property or purchase an interest in property.

3. Transfer money between or among reserve funds or change the purpose or designation of a reserve fund.

4. Enter into a contract, make a payment in connection with the end of a contract or incur a financial liability or obligation.

5. Appoint a person to a position, hire a new employee or promote an existing employee.

6. Make or agree to make a payment in connection with the end of an employment contract or employment relationship.

(2) The Minister may approve the things listed in subsection (1) for the purposes of that subsection and may impose any conditions he or she considers necessary.

(3) Despite subsection (1), an isolate board may do any of the things listed in that subsection in the case of an emergency.

(4) Subsection (1) shall not be construed to prevent an isolate board from fulfilling its obligations under any contracts entered into before June 1, 2009.

(5) Paragraphs 5 and 6 of subsection (1) shall not be construed to affect the employment relationship between an employee and a board or their respective rights against, and obligations to, each other, including under any collective agreement.

(6) Members, officers, employees and agents of each isolate board shall, on request, permit the Minister or a representative of its successor board to,

(a) enter and inspect the premises and to meet with the members, officers, employees and agents of the isolate board; and

(b) examine and copy any document, record or other information in the possession of the board.

Merger and employee transfer

13.6 (1) The employees of each isolate board are transferred to its successor board on September 1, 2009.

(2) The employment contract, the terms and conditions of employment, the rights and benefits of employment and the employment obligations of a person who becomes an employee of a successor board under paragraph 1 of subsection 58.1 (21) of the Act are assumed by and continued with the successor board.

(3) Immediately after the employees of each isolate board become employees of its successor board, the isolate board is merged with and continued as the successor board.

Teacher performance appraisals

13.7 (1) This section applies to teachers who were employed by an isolate board on June 1, 2009 and who, after the amalgamation of the isolate board with its successor board, are employed by the successor board.

(2) Despite subsection 4 (3) of Ontario Regulation 99/02 (Teacher Performance Appraisal) made under the Act, the first year in which a teacher to whom this section applies is employed by a successor board shall not be an evaluation year if he or she had an evaluation year within the four years preceding the amalgamation of the isolate board with the successor board.

School calendar

13.8 The Minister may revise the school calendar for a school of an isolate board for the 2009-2010 school year, and if the school calendar is revised, the Minister shall inform the isolate board and its successor board of the revision and the isolate board shall take steps to inform all affected parents, guardians, pupils and employees of the revised calendar.

7. (1) Subject to subsection (2), this Regulation comes into force on September 1, 2009.

(2) Section 6 and this section come into force on the day this Regulation is filed.

 

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