O. Reg. 309/09: CONTINUATION, AREAS OF JURISDICTION AND NAMES OF DISTRICT SCHOOL BOARDS

filed August 14, 2009 under Education Act, R.S.O. 1990, c. E.2

ontario regulation 309/09

made under the

Education Act

Made: August 12, 2009
Filed: August 14, 2009
Published on e-Laws: August 18, 2009
Printed in The Ontario Gazette: August 29, 2009

Amending O. Reg. 486/01

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

1. (1) Subparagraph 2 i of section 7 of Ontario Regulation 486/01, as remade by Ontario Regulation 212/09, is revoked.

(2) Subparagraph 18 ii of section 7 of the Regulation is amended by striking out “Barrie and Orillia” and substituting “Barrie, Carling, McDougall, McKellar, Orillia, Parry Sound and Seguin”.

2. (1) Subparagraph 1 i of section 13 of the Regulation is amended by adding “Moosonee” after “Moonbeam”.

(2) Subparagraph 3 i of section 13 of the Regulation, as remade by Ontario Regulation 212/09, is amended by striking out “Moosonee”.

3. (1) The definition of “Mine Centre Board” in subsection 13.1 (1) of the Regulation is amended by striking out “the Mine Centre District School Area Board” and substituting “The Mine Centre District School Area Board”.

(2) The English version of clause 13.1 (2) (b) of the Regulation is amended by striking out “amalgamation” and substituting “merger”.

4. (1) The English version of subsection 13.2 (1) of the Regulation is amended by striking out “amalgamation” and substituting “merger”.

(2) The English version of subsection 13.2 (2) of the Regulation is amended by striking out “amalgamation” and substituting “merger”.

5. (1) The heading before section 13.4 of the Regulation is revoked and the following substituted:

Transition re Boundary Changes Made on September 1, 2009

(2) Subsection 13.4 (1) of the Regulation is amended by striking out “sections 13.5 to 13.8” in the portion before the definitions and substituting “sections 13.5 to 13.12”, and by adding the following definition:

“receiving board” means a board listed in Column 3 of the Table to this section; (“conseil bénéficiaire”)

(3) Subsection 13.4 (2) of the Regulation is revoked and the following substituted:

(2) For the purposes of sections 13.5 to 13.12, the successor board and receiving board, if any, for an isolate board are listed in Columns 2 and 3 of the Table to this section opposite the name of the isolate board in Column 1 of the Table.

(4) The Table to section 13.4 of the Regulation is revoked and the following substituted:

Table

Item	Column 1	Column 2	Column 3
	Isolate board	Successor board	Receiving 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	Conseil scolaire de district catholique du Nouvel-Ontario
13.	The Missarenda District School Area Board	Algoma District School Board
14.	The Moosonee Roman Catholic Separate School Board	Northeastern Catholic District School Board	Conseil scolaire de district catholique des Grandes Rivières
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	Keewatin-Patricia District School Board
18.	The Parry Sound Combined Roman Catholic Separate School Board	Simcoe-Muskoka Catholic District School Board
19.	The Red Lake Area Combined Roman Catholic Separate School Board	Kenora Catholic District School Board	Conseil scolaire de district catholique des Aurores boréales
20.	The Upsala District School Area Board	Keewatin-Patricia District School Board

6. Section 13.6 of the Regulation is revoked and the following substituted:

Merger and employee transfer

13.6 (1) On September 1, 2009,

(a) for The Hornepayne Roman Catholic Separate School Board,

(i) all employees who had positions in the French-language instructional unit of the board are transferred to the Conseil scolaire de district catholique du Nouvel-Ontario, and

(ii) all other employees of the board are transferred to the Huron-Superior Catholic District School Board;

(b) for The Moosonee Roman Catholic Separate School Board,

(i) all employees who had positions in the French-language instructional unit of the board are transferred to the Conseil scolaire de district catholique des Grandes Rivières, and

(ii) all other employees of the board are transferred to the Northeastern Catholic District School Board;

(i) all employees who had positions in the school located in the Township of Armstrong are transferred to the Lakehead District School Board, and

(ii) all employees who had positions in the school located in the town site of Savant Lake are transferred to the Keewatin-Patricia District School Board;

(d) for The Red Lake Area Combined Roman Catholic Separate School Board,

(i) all employees who had positions in the French-language instructional unit of the board are transferred to the Conseil scolaire de district catholique des Aurores boréales, and

(ii) all other employees of the board are transferred to the Kenora Catholic District School Board; and

(e) for all other isolate boards, the employees of each isolate board are transferred to the successor board for the isolate board.

(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 or receiving board under paragraph 1 of subsection 58.1 (21) of the Act are assumed by and continued with the successor board or receiving board.

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

Transfer of assets and liabilities

13.6.1 (1) Upon the merger of an isolate board with its successor board, the assets and liabilities of each isolate board are transferred to its successor board and its receiving board, if any, as follows:

1. For The Hornepayne Roman Catholic Separate School Board,

i. any assets of the board that were purchased with funding provided under the agreement between the Province of Ontario and the Government of Canada entitled “Entente Canada - Ontario relative à l’enseignement dans la langue de la minorité et à l’enseignement de la seconde langue officielle 2005-2006 à 2008-2009” are transferred to the Conseil scolaire de district catholique du Nouvel-Ontario,

ii. 50 per cent of the value of the board’s school site is transferred to the Huron-Superior Catholic District School Board and 50 per cent to the Conseil scolaire de district catholique du Nouvel-Ontario, and

iii. all other assets and liabilities of the board are transferred to the Huron-Superior Catholic District School Board to be held in trust by it until that board and the Conseil scolaire de district catholique du Nouvel-Ontario determine how the assets and liabilities are to be distributed between them.

2. For The Moosonee Roman Catholic Separate School Board,

ii. 95 per cent of the value of the board’s school site is transferred to the Northeastern Catholic District School Board and 5 per cent to the Conseil scolaire de district catholique des Grandes Rivières, and

iii. all other assets and liabilities of the board are transferred to the Northeastern Catholic District School Board to be held in trust by it until that board and the Conseil scolaire de district catholique des Grandes Rivières determine how the assets and liabilities are to be distributed between them.

3. For The Northern District School Area Board,

i. the school site for the school located in the Township of Armstrong, all property in the school and all assets and liabilities associated with the school are transferred to the Lakehead District School Board,

ii. the school site for the school located in the town site of Savant Lake, all property in the school and all assets and liabilities associated with the school are transferred to the Keewatin-Patricia District School Board, and

iii. all other assets and liabilities of the board are transferred to the Lakehead District School Board to be held in trust by it until that board and the Keewatin-Patricia District School Board determine how the assets and liabilities are to be distributed between them.

4. For The Red Lake Area Combined Roman Catholic Separate School Board,

ii. 75 per cent of the value of the board’s school site is transferred to the Kenora Catholic District School Board and 25 per cent to the Conseil scolaire de district catholique des Aurores boréales, and

iii. all other assets and liabilities of the board are transferred to the Kenora Catholic District School Board to be held in trust by it until that board and the Conseil scolaire de district catholique des Aurores boréales determine how the assets and liabilities are to be distributed between them.

5. For all other isolate boards, all assets and liabilities of the isolate board are transferred to the successor board for the isolate board.

(2) Despite subsection (1), on September 1, 2009, the financial obligations of boards in respect of membership in the Northern School Resource Alliance are transferred to the Lakehead District School Board, to be held in trust by it on behalf of such boards.

(3) On and after September 1, 2009, the Lakehead District School Board shall ensure that the Northern School Resource Alliance provides services to the boards for which financial obligations were transferred under subsection (2) until the services are no longer required, at which time the Lakehead District School Board shall wind up the Northern School Resource Alliance.

Education taxes

13.6.2 (1) Any amounts payable to an isolate board on or before August 31, 2009 under subsection 257.11 (1.1) or 257.11.1 (1) of the Act in respect of the 2009 taxation year shall be dealt with as follows after that date:

1. For an isolate board that has both a successor board and a receiving board, any amounts received by a receiving board in respect of the isolate board for the 2008-2009 fiscal year, as determined under section 14 of Ontario Regulation 85/08 (Grants for Student Needs — Legislative Grants for the 2008-2009 School Board Fiscal Year), made under the Act shall be paid to the successor board.

2. For all other isolate boards, all amounts payable to the isolate board shall be paid to the successor board for the isolate board.

(2) In this section,

“taxation year” means the year for which taxes for school purposes are levied.

Provisions for period until 2010 elections

13.6.3 (1) The following rules apply in respect of the isolate boards, successor boards and receiving boards during the period beginning on September 1, 2009 and ending on November 30, 2010:

1. The interests of the former electors of The Airy and Sabine District School Area Board shall be represented,

i. on the Renfrew County District School Board, by the member or members of that board elected to represent the Township of Madawaska Valley or their successors, and

ii. on the Conseil des écoles publiques de l’Est de l’Ontario, by the member or members of that board elected to represent the Township of Madawaska Valley or their successors.

2. The interests of the former electors of The Asquith-Garvey District School Area Board shall be represented,

i. on the Rainbow District School Board, by the member or members of that board elected to represent the Municipality of French River or their successors, and

ii. on the Conseil scolaire de district du Grand Nord de l’Ontario, by the member or members of that board elected to represent the Muncipality of French River or their successors.

3. The interests of the former electors of The Atikokan Roman Catholic Separate School Board shall be represented,

i. on the Northwest Catholic District School Board, by the member or members of that board elected to represent the Town of Fort Frances or their successors, and

ii. on the Conseil scolaire de district catholique des Aurores boréales by the member or members of that board elected to represent the Town of Fort Frances or their successors.

4. The interests of the former electors of The Caramat District School Area Board shall be represented,

i. on the Superior-Greenstone District School Board, by the member or members of that board elected to represent the Municipality of Greenstone or their successors, and

ii. on the Conseil scolaire de district du Grand Nord de l’Ontario, by the member or members of that board elected to represent the Municipality of Greenstone or their successors.

5. The interests of the former electors of The Collins District School Area Board shall be represented,

i. on the Lakehead District School Board, by the member or members of that board elected to represent the Muncipality of Shuniah or their successors, and

ii. on the Conseil scolaire de district du Grand Nord de l’Ontario, by the member or members of that board elected to represent the Municipality of Shuniah or their successors.

6. The interests of the former electors of The Connell and Ponsford District School Area Board shall be represented,

i. on the Keewatin-Patricia District School Board, by the member or members of that board elected to represent the Municipality of Sioux Lookout or their successors, and

ii. on the Conseil scolaire de district du Grand Nord de l’Ontario, by the member or members of that board elected to represent the Municipality of Sioux Lookout or their successors.

7. The interests of the former electors of the Conseil des écoles séparées catholiques de Dubreuilville shall be represented,

i. on the Conseil scolaire de district catholique du Nouvel-Ontario, by the member or members of that board elected to represent the Municipality of Wawa or their successors, and

ii. on the Huron-Superior Catholic District School Board, by the member or members of that board elected to represent the Municipality of Wawa or their successors.

8. The interests of the former electors of The Foleyet District School Area Board shall be represented,

i. on the District School Board Ontario North East, by the member or members of that board elected to represent the City of Timmins or their successors, and

ii. on the Conseil scolaire de district du Nord-Est de l’Ontario, by the member or members of that board elected to represent the City of Timmins or their successors.

9. The interests of the former electors of The Foleyet Roman Catholic Separate School Board shall be represented,

i. on the Conseil scolaire de district catholique des Grandes Rivières, by the member or members of that board elected to represent the City of Timmins or their successors, and

ii. on the Northeastern Catholic District School Board, by the member or members of that board elected to represent the City of Timmins or their successors.

10. The interests of the former electors of The Gogama District School Area Board shall be represented,

i. on the District School Board Ontario North East, by the member or members of that board elected to represent the City of Timmins or their successors, and

ii. on the Conseil scolaire de district du Nord-Est de l’Ontario, by the member or members of that board elected to represent the City of Timmins or their successors.

11. The interests of the former electors of The Gogama Roman Catholic Separate School Board shall be represented,

i. on the Conseil scolaire de district catholique des Grandes Rivières, by the member or members of that board elected to represent the City of Timmins or their successors, and

ii. on the Northeastern Catholic District School Board, by the member or members of that board elected to represent the City of Timmins or their successors.

12. The interests of the former electors of The Hornepayne Roman Catholic Separate School Board shall be represented,

i. on the Huron-Superior Catholic District School Board, by the member or members of that board elected to represent the Municipality of Wawa or their successors, and

ii. on the Conseil scolaire de district catholique du Nouvel-Ontario, by the member or members of that board elected to represent the Municipality of Wawa or their successors.

13. The interests of the former electors of The Missarenda District School Area Board shall be represented,

i. on the Algoma District School Board, by the member or members of that board elected to represent the Township of Chapleau or their successors, and

ii. on the Conseil scolaire de district du Grand Nord de l’Ontario, by the member or members of that board elected to represent the Township of Chapleau or their successors.

14. The interests of the former electors of The Moosonee Roman Catholic Separate School Board shall be represented,

i. on the Northeastern Catholic District School Board, by the member or members of that board elected to represent the Town of Cochrane or their successors, and

ii. on the Conseil scolaire de district catholique des Grandes Rivières, by the member or members of that board elected to represent the Town of Cochrane or their successors.

15. The interests of the former electors of The Murchison and Lyell District School Area Board shall be represented,

i. on the Renfrew County District School Board, by the member or members of that board elected to represent the Township of Madawaska Valley or their successors, and

ii. on the Conseil des écoles publiques de l’Est de l’Ontario, by the member or members of that board elected to represent the Township of Madawaska Valley or their successors.

16. The interests of the former electors of The Nakina District School Area Board shall be represented,

i. on the Superior-Greenstone District School Board, by the member or members of that board elected to represent the Municipality of Greenstone or their successors, and

ii. on the Conseil scolaire de district du Grand Nord de l’Ontario, by the member or members of that board elected to represent the Municipality of Greenstone or their successors.

17. The interests of the former electors of The Northern District School Area Board shall be represented,

i. on the Lakehead District School Board, by the member or members of that board elected to represent the Municipality of Shuniah or their successors,

ii. on the Keewatin-Patricia District School Board, by the member or members of that board elected to represent the Municipality of Sioux Lookout or their successors, and

iii. on the Conseil scolaire de district du Grand Nord de l’Ontario, by the member or members of that board elected to represent the Municipality of Shuniah or their successors.

18. The interests of the former electors of The Parry Sound Combined Roman Catholic Separate School Board shall be represented on the Simcoe-Muskoka Catholic District School Board by the member or members of that board elected to represent the Township of Georgian Bay or their successors.

19. The interests of the former electors of The Red Lake Area Combined Roman Catholic Separate School Board shall be represented,

i. on the Kenora Catholic District School Board, by the member or members of that board elected to represent the City of Kenora or their successors, and

ii. on the Conseil scolaire de district catholique des Aurores boréales, by the member or members of that board elected to represent the City of Kenora or their successors.

20. The interests of the former electors of The Upsala District School Area Board shall be represented,

i. on the Keewatin-Patricia District School Board, by the member or members of that board elected to represent the Township of Ignace or their successors, and

ii. on the Conseil scolaire de district du Grand Nord de l’Ontario, by the member or members of that board elected to represent the Township of Ignace or their successors.

(2) During the period beginning on September 1, 2009 and ending on November 30, 2010,

(a) the French-speaking former member of The Hornepayne Roman Catholic Separate School Board has the right to be notified of and consulted on any matter considered by the members of the Conseil scolaire de district catholique du Nouvel-Ontario that would have been within the jurisdiction of The Hornepayne Roman Catholic Separate School Board before its merger with the Huron-Superior Catholic District School Board;

(b) the English-speaking former members of The Hornepayne Roman Catholic Separate School Board have the right to be notified of and consulted on any matter considered by the members of the Huron-Superior Catholic District School Board that would have been within the jurisdiction of The Hornepayne Roman Catholic Separate School Board before its merger with the Huron-Superior Catholic District School Board;

(c) the former members of The Northern District School Area Board who represented the school sections formerly known as The Armstrong District School Area, The Auden District School Area and The Ferland District School Area have the right to be notified of and consulted on any matter considered by the members of the Lakehead District School Board that, before the merger of The Northern District School Area Board with the Lakehead District School Board, would have been within the jurisdiction of The Armstrong District School Area, The Auden District School Area or The Ferland District School Area;

(d) the formers members of The Northern District School Area Board who represented the school sections formerly known as The Allanwater District School Area and The Savant Lake District School Area have the right to be notified of and consulted on any matter considered by the members of the Keewatin-Patricia District School Board that, before the merger of The Northern District School Area Board with the Lakehead District School Board, would have been within the jurisdiction of The Allanwater District School Area or The Savant Lake District School Area;

(e) except as noted in clauses (a) to (d), the former members of each isolate board have the right to be notified of and consulted on any matter considered by the members of its successor board that would have been within the jurisdiction of the isolate board before its merger with the successor board;

(f) the former members of each isolate board are entitled to receive any honorarium that they would otherwise have received under section 191 of the Act; and

(g) the former members of each isolate 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, 2009, but not for expenses incurred and travel taking place on or after that date.

(3) If a former member of The Northern District School Area Board appointed under Ontario Regulation 462/97 (First Nations Representation on Boards) made under the Act is appointed under that Regulation to the Lakehead District School Board during the period beginning on September 1, 2009 and ending on November 30, 2010, then on and after the day of the appointment,

(a) clause (2) (c) does not apply to the member; and

(b) the member is entitled to receive an honorarium only in respect of his or her position as a member of the Lakehead District School Board.

7. (1) The English version of subsection 13.7 (1) of the Regulation is amended by striking out “amalgamation” and substituting “merger”.

(2) Subsection 13.7 (1) of the Regulation is amended by striking out “are employed by the successor board” and substituting “are employed by its successor board or its receiving board”.

(3) Subsection 13.7 (2) of the Regulation is revoked and the following substituted:

(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 or receiving board for an isolate board shall not be an evaluation year if he or she had an evaluation year within the four years preceding the merger of the isolate board with its successor board.

8. Section 13.8 of the Regulation is revoked and the following substituted:

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 or receiving board, if any, of the revision and the successor board or receiving board shall take steps to inform all affected parents, guardians, pupils and employees of the revised calendar.

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

Municipal Elections Act, 1996

13.9 (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 an isolate board in the regular election immediately preceding September 1, 2009, 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 successor board in the next regular election following September 1, 2009, or in an earlier by-election.

(2) An amount that becomes payable to an isolate board under subsection 79 (9) of the Municipal Elections Act, 1996 after August 31, 2009 shall be paid to the successor board for the isolate board or, if the isolate board also has a receiving board, 50 per cent of the amount shall be paid to the successor board and 50 per cent to the receiving board.

School board supporters

13.10 A parent or guardian of a person who, on August 31, 2009, has the right under subsection 32 (1) or 290 (2) of the Act to attend a school of an isolate board listed in Column 1 of item 7, 9, 11, 12, 14 or 19 of the Table to section 13.4 is deemed to be a French-language separate district school board supporter for the purposes of Part II of the Act for the period beginning on September 1, 2009 and ending on the earliest of,

(a) the day that the parent or guardian files a notice of change of support for the following year with the Municipal Property Assessment Corporation;

(b) the day that the person or the person’s parent or guardian ceases to reside in the area of jurisdiction of the French-language successor board or receiving board for the isolate board; or

Dispute resolution

13.11 Any disputes on the following matters shall be referred to an arbitrator selected by the Minister:

1. Disputes between an isolate board’s successor board and receiving board, if any, as to the ownership of assets and the assumption of liabilities following the merger of the isolate board with the successor board.

2. Disputes between any boards that were members, or that were merged with boards that were members, of the Northern School Resource Alliance with respect to the operations of the Alliance after the mergers of isolate boards with successor boards described in subsection 13.6 (3) or with respect to the division of the Alliance’s assets following its dissolution.

10. This Regulation comes into force on the later of September 1, 2009 and the day this Regulation is filed.

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O. Reg. 309/09: CONTINUATION, AREAS OF JURISDICTION AND NAMES OF DISTRICT SCHOOL BOARDS

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