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ONTARIO REGULATION 183/10

made under the

EDUCATION ACT

Made: April 15, 2010
Approved: April 28, 2010
Filed: May 20, 2010
Published on e-Laws: May 25, 2010
Printed in The Ontario Gazette: June 5, 2010

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

(Operation of Schools — General)

Note: Regulation 298 has previously been amended. For the legislative history of the Regulation, see the Table of Consolidated Regulations – Detailed Legislative History at www.e-Laws.gov.on.ca.

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 — 2006”, available from the Ministry of Education, and

(b) the document entitled “Business Studies — The Ontario Curriculum, Grades 11 and 12 — 2006”, available from the Ministry of Education; (“enseignement commercial”)

(2)  The definitions of “certificate of qualification”, “general studies” and “technological education” in section 1 of the Regulation are revoked.

(3)  Section 1 of the Regulation is amended by adding the following definitions:

“certificate of qualification and registration” means a general certificate of qualification and registration or a transitional certificate of qualification and registration as defined in subsection 1 (1) of the teachers’ qualifications regulation; (“certificat de qualification et d’inscription”)

“degree” means an acceptable post-secondary degree as defined in subsection 1 (1) of the teachers’ qualifications regulation; (“grade”)

“general education” means the curriculum prescribed or developed for the intermediate and senior divisions under subsection 8 (1) of the Act and described in the secondary curriculum documents available from the Ministry of Education, excluding the courses described in the documents entitled “The Ontario Curriculum, Grades 9 and 10 – Technological Education (2009)” and “The Ontario Curriculum, Grades 11 and 12 – Technological Education (2009)”; (“éducation générale”)

“Schedule A” means Schedule A (Qualifications in the intermediate and senior divisions in general education) of the teachers’ qualifications regulation; (“annexe A”)

“Schedule B” means Schedule B (Qualifications in grades 9 and 10 and grades 11 and 12 in technological education) of the teachers’ qualifications regulation; (“annexe B”)

“teachers’ qualifications regulation” means Ontario Regulation 176/10 (Teachers’ Qualifications), made under the Ontario College of Teachers Act, 1996; (“règlement sur les qualifications requises pour enseigner”)

“technological education” means the curriculum prescribed or developed for grades 9 and 10 and for grades 11 and 12 under subsection 8 (1) of the Act and described in the secondary curriculum documents entitled “The Ontario Curriculum, Grades 9 and 10 – Technological Education (2009)” and “The Ontario Curriculum, Grades 11 and 12 – Technological Education (2009)”, available from the Ministry of Education. (“éducation technologique”)

2.  (1)  Subsections 9 (1) and (2) of the Regulation are revoked and the following substituted:

Assignment or appointment of Principals and Vice-Principals

9.  (1)  The principal and vice-principal of a school having an enrolment greater than 125 shall each be,

(a) a teacher who,

(i) holds principal’s qualifications under section 21 or subsection 33 (2) of the teachers’ qualifications regulation or is deemed to hold principal’s qualifications under subsection 40 (3) of that regulation, or

(ii) holds a principal’s certificate described in subsection 40 (1) or (2) of the teachers’ qualifications regulation;

(b) in the case of a school in which English is the language of instruction, a teacher who is eligible to teach in such a school under subsection 19 (9) or (10); and

(c) in the case of a school established under Part XII of the Act and in which French is the language of instruction, a teacher who is eligible to teach in such a school under subsection 19 (9) or (10).

(2)  A teacher who holds a principal’s certificate described in subsection 40 (1) or (2) of the teachers’ qualifications regulation may only be assigned or appointed to be a principal or vice-principal in accordance with the limitations of the certificate.

(2)  Subsection 9 (3) of the Regulation is amended by striking out “shall be deemed to be qualified as principal or vice-principal” in the portion after clause (c) and substituting “may be assigned or appointed as a principal or vice-principal”.

(3)  Subsection 9 (6) of the Regulation is amended by striking out “continues to be qualified as principal or vice-principal” and substituting “may be assigned or appointed as a principal or vice-principal”.

3.  (1)  The French version of clause 11 (3) (b) of the Regulation is amended by striking out “directeurs d’école adjoints” and substituting “directeurs adjoints”.

(2)  Clause 11 (5) (a) of the Regulation is amended by striking out “subsection 19 (12)” and substituting “subsection 19 (9)” and by striking out “subsection 19 (13)” and substituting “subsection 19 (10)”.

(3)  Clause 11 (5) (b) of the Regulation is amended by striking out “subsection 19 (11)” and substituting “subsection 19 (9)” and by striking out “subsection 19 (13)” and substituting “subsection 19 (10)”.

4.  The French version of the heading before section 12 of the Regulation is revoked and the following substituted:

Directeur adjoint

5.  The French version of subsection 13 (4) of the Regulation is amended by striking out “directeur d’école adjoint” and substituting “directeur adjoint”.

6.  Section 19 of the Regulation is revoked and the following substituted:

Assignment or appointment of Teachers

19.  (1)  In assigning or appointing a teacher to teach in a division or to teach a subject in a school, the principal of the school shall have due regard for the provision of the best possible program and the safety and well-being of the pupils.

(2)  No teacher shall be assigned or appointed to teach except in accordance with the qualifications recorded on his or her certificate of qualification and registration or as otherwise provided in this Regulation.

(3)  Despite subsection (2), the following assignments or appointments to teach may be made where a teacher’s certificate of qualification and registration does not indicate the required qualification, if the teacher and principal agree to the assignment or appointment and the appropriate supervisory officer approves it:

1. A teacher whose certificate of qualification and registration indicates a qualification in the primary division, the junior division, the intermediate division in a general education subject listed in Schedule A or the senior division in a general education subject listed in Schedule A may be assigned or appointed to teach in any division or any general education subject.

2. A teacher whose certificate of qualification and registration indicates a qualification to teach in grades 9 and 10 in a technological education subject listed in Schedule B or grades 11 and 12 in a technological education subject listed in Schedule B may be assigned or appointed to teach any technological education subject in grades 9 and 10 or grades 11 and 12.

(4)  An agreement under subsection (3) respecting the assignment or appointment of a teacher to teach in a division or to teach a subject for which he or she does not hold a qualification,

(a) shall not be made in respect of a teacher who holds a transitional certificate of qualification and registration granted under section 14 or 15 of the teachers’ qualifications regulation, or who is deemed to hold a transitional certificate of qualification and registration under subsection 36 (2) of that regulation;

(b) shall not be made so as to permit a teacher whose certificate of qualification and registration indicates a qualification in the primary division, the junior division, the intermediate division in a general education subject listed in Schedule A or the senior division in a general education subject listed in Schedule A to be assigned or appointed to,

(i) teach or be placed in charge of a special education program or class,

(ii) teach French as a second language, or

(iii) teach a class for pupils who are deaf, hard of hearing or blind or have limited vision; and

(c) shall not be made so as to permit a teacher whose certificate of qualification and registration indicates a qualification in grades 9 and 10 in a technological education subject listed in Schedule B or in grades 11 and 12 in a technological education subject listed in Schedule B to be assigned or appointed to,

(i) teach or be placed in charge of a special education program or class, or

(ii) teach a class for pupils who are deaf, hard of hearing or blind or have limited vision.

(5)  A teacher shall not be assigned or appointed to teach or be placed in charge of a class in the primary division, the junior division, the intermediate division in a general education subject listed in Schedule A or the senior division in a general education subject listed in Schedule A, even if the teacher’s certificate of qualification and registration indicates a qualification in a general education subject, unless the teacher holds a qualification in one or more of the divisions.

(6)  A teacher shall not be assigned or appointed to teach or be placed in charge of a special education program or class, even if the teacher’s certificate of qualification and registration indicates a qualification in special education, unless,

(a) the teacher’s certificate of qualification and registration indicates a qualification in the primary division, the junior division, the intermediate division in a general education subject listed in Schedule A or the senior division in a general education subject listed in Schedule A, and the appointment or assignment is to teach or be in charge of,

(i) a special education program or class in the primary division, the junior division, the intermediate division in general education or the senior division in general education, or

(ii) a special education program or class in a secondary school, other than a program or class in general or technological education; or

(b) the teacher’s certificate of qualification and registration indicates a qualification in grades 9 and 10 in a technological education subject listed in Schedule B or in grades 11 and 12 in a technological education subject listed in Schedule B, and the appointment or assignment is to teach or be in charge of,

(i) a special education program or class in technological education, or

(ii) a special education program or class in a secondary school, other than a program or class in general or technological education.

(7)  Whether or not a teacher holds a degree, a teacher may be assigned or appointed to teach cooperative education in a secondary school if the teacher’s certificate of qualification and registration indicates a qualification in the primary division, the junior division, the intermediate division in a general education subject listed in Schedule A, the senior division in a general education subject listed in Schedule A, grades 9 and 10 in a technological education subject listed in Schedule B or grades 11 and 12 in a technological education subject listed in Schedule B.

(8)  Whether or not the teacher holds a degree, a teacher whose certificate of qualification and registration indicates a qualification in grades 9 and 10 in a technological education subject listed in Schedule B or in grades 11 and 12 in a technological education subject listed in Schedule B, may be assigned or appointed to teach guidance and career education in general education in a secondary school if the teacher’s certificate of qualification and registration indicates a qualification in guidance and career education.

(9)  A teacher whose certificate of qualification and registration does not indicate a qualification in a division, a general education subject or a technological education subject entered in the English language shall not be assigned or appointed to teach in classes where English is the language of instruction, and a teacher whose certificate of qualification and registration does not indicate qualifications entered in the French language shall not be assigned or appointed to teach in schools or classes established under Part XII of the Act where French is the language of instruction.

(10)  Despite subsection (9), a teacher who holds qualifications to teach in the intermediate division in a general education subject listed in Schedule A and the senior division in a general education subject listed in Schedule A or grades 9 and 10 in a technological education subject listed in Schedule B or grades 11 and 12 in a technological education subject listed in Schedule B, may be assigned or appointed to teach in either or both of such divisions in classes where either English or French is the language of instruction.

19.1  (1)  A teacher who, on September 8, 1978, was employed by a board to teach French or English as a second language in an elementary or secondary school or industrial arts in an elementary school and who, under subsections 19 (9) and (10) would otherwise not be eligible to be assigned or appointed to teach such subjects, may be assigned or appointed to such a position in elementary or secondary schools, as the case may be, that are operated by that board or its successor board.

(2)  A teacher whose certificate of qualification and registration indicated on August 31, 2010, a qualification in the general education subject of Computer Studies or Business Studies – Data Processing may be assigned or appointed to teach the technological education subject of Computer Technology.

(3)  A teacher who completed, before September 1, 2010, at least two years of successful teaching of locally developed secondary school courses approved by the Ministry of Education related to the technological education subject of Green Industries may be assigned or appointed to teach the technological education subject of Green Industries.

(4)  A teacher who does not hold a degree shall not be assigned or appointed to teach a general education subject in a secondary school except where the teacher’s certificate of qualification and registration indicates a qualification to teach in the primary, junior and intermediate divisions in an elementary school and,

(a) on June 30, 1981, the teacher was teaching in a secondary school; or

(b) on or before October 2, 1981, the teacher was assigned or appointed to teach general studies in a secondary school and on June 30, 1982 was teaching in a secondary school.

(5)  Despite subsections (4) and 19 (5), whether or not a teacher holds a degree,

(a) a teacher whose certificate of qualification and registration indicates a commercial-vocational qualification, or technological education qualifications, in clerical practice, merchandising or warehousing, may be assigned or appointed to teach in a secondary school the portion of business studies that relates to clerical practice, merchandising or warehousing, as the case may be;

(b) a teacher whose certificate of qualification and registration indicates qualifications in technological education in sewing and dressmaking, or textiles and clothing, or home economics may be assigned or appointed to teach in a secondary school the clothing portion of family studies;

(c) a teacher whose certificate of qualification and registration indicates qualifications in technological education in food and nutrition or home economics may be assigned or appointed to teach in a secondary school the food and nutrition portion of family studies; and

(d) a teacher whose certificate of qualification and registration indicates qualifications in technological education in vocational art, instrumental music or vocal music may be assigned or appointed to teach art, instrumental music or vocal music, as the case may be, in general studies in a secondary school.

(6)  If the curriculum referred to in the definition of “general education” or “technological education” has been or is revised, a teacher may be assigned or appointed to teach the subject described in the revised version if he or she holds a qualification recorded on his or her certificate of qualification and registration that is equivalent to a qualification in the subject.

Temporary Letters of Approval

19.2  The Minister of Education may grant to a board a temporary letter of approval in respect of a teacher for a period specified in the letter if the director of education or other board official authorized by the board submits to the Minister an application in the form directed by the Minister attesting or certifying that,

(a) the board finds it necessary to assign or appoint a teacher to teach a subject, teach in a division or hold a position, and the teacher’s certificate of qualification and registration does not indicate the qualifications required under the Act for teaching the subject, teaching in the division or holding the position; and

(b) the teacher in respect of whom the application is made,

(i) holds a certificate of qualification and registration,

(ii) is considered competent to teach the subject, teach in the division or hold the position, and

(iii) has agreed to the assignment or appointment.

7.  The French version of subsection 25 (2) of the Regulation is amended by striking out “directeur d’école adjoint” and substituting “directeur adjoint”.

8.  This Regulation comes into force on the day it is filed.

Made by:
Pris par :

La ministre de l’Éducation,

Leona Dombrowsky

Minister of Education

Date made: April 15, 2010.
Pris le : 15 avril 2010.

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