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Education Act

R.S.O. 1990, CHAPTER E.2

Consolidation Period: From June 5, 2009 to the e-Laws currency date.

Last amendment: 2009, c. 18, Sched. 10.

SKIP TABLE OF CONTENTS

CONTENTS

Interpretation and Other General Matters

Interpretation, other general matters

1.  (1)  In this Act and the regulations, except where otherwise provided in the Act or regulations,

“band” and “council of the band” have the same meaning as in the Indian Act (Canada); (“bande”, “conseil de bande”)

“board” means a district school board or a school authority; (“conseil”, “conseil scolaire”)

“business property” means business property as defined in section 257.5; (“bien d’entreprise”)

“co-instructional activities” means activities other than providing instruction that,

(a) support the operation of schools,

(b) enrich pupils’ school-related experience, whether within or beyond the instructional program, or

(c) advance pupils’ education and education-related goals,

and includes but is not limited to activities having to do with school-related sports, arts and cultural activities, parent-teacher and pupil-teacher interviews, letters of support for pupils, staff meetings and school functions but does not include activities specified in a regulation made under subsection (1.2); (“activités complémentaires”)

“combined separate school zone” means a union of two or more separate school zones; (“zone unifiée d’écoles séparées”)

“continuing education instructor” means a person employed to provide instruction in a continuing education course or class established in accordance with the regulations, other than those courses or classes for which membership in the Ontario College of Teachers is required under the regulations; (“instructeur de l’éducation permanente”)

“continuing education teacher” means a teacher employed to teach a continuing education course or class established in accordance with the regulations for which membership in the Ontario College of Teachers is required by the regulations; (“enseignant de l’éducation permanente”)

“credit” means recognition granted to a pupil by a principal as proof, in the absence of evidence to the contrary, that the pupil has successfully completed a quantity of work that,

(a) has been specified by the principal in accordance with the requirements of the Minister, and

(b) is acceptable to the Minister as partial fulfilment of the requirements for the Ontario secondary school diploma, the secondary school graduation diploma or the secondary school honour graduation diploma, as the case may be; (“crédit”)

“current expenditure” means an expenditure, for operating purposes or for a permanent improvement, from funds other than funds,

(a) advanced under a mortgage, or

(b) arising from the sale of a debenture or an instrument prescribed under clause 247 (3) (f), from a capital loan or from a loan pending the sale of a debenture or such an instrument; (“dépenses courantes”)

“current revenue” means all amounts earned by a board, together with the amounts to which it becomes entitled, other than by borrowing, that may be used to meet its expenditures; (“recettes courantes”)

“debt charge” means the amount of money necessary annually,

(a) to pay the principal due on long-term debt not payable from a sinking fund, a retirement fund or a fund prescribed under clause 247 (3) (e),

(b) to provide a fund for the redemption of debentures or instruments prescribed under clause 247 (3) (f) payable from a sinking fund, a retirement fund or a fund prescribed under clause 247 (3) (e), and

(c) to pay the interest due on all debt referred to in clauses (a) and (b); (“service de la dette”)

“district municipality” means a local municipality in a territorial district; (“municipalité de district”)

“district school area” means a school section in the territorial districts that is not a school section of a district school board or a school section designated under section 68; (“secteur scolaire de district”)

“district school board” means,

(a) an English-language public district school board,

(b) an English-language separate district school board,

(c) a French-language public district school board, or

(d) a French-language separate district school board; (“conseil scolaire de district”)

“driver’s licence” has the same meaning as in the Highway Traffic Act; (“permis de conduire”)

“education authority” means a corporation that is incorporated by one or more bands or councils of bands for the purpose of providing for the educational needs of the members of the band or bands; (“commission indienne de l’éducation”)

“elementary school” means a school in which instruction is given in some or all of the primary division, junior division and intermediate division but not in the senior division; (“école élémentaire”)

“English-language district school board” means an English-language public district school board or an English-language separate district school board; (“conseil scolaire de district de langue anglaise”)

“English-language public board” means,

(a) an English-language public district school board, or

(b) a public school authority; (“conseil public de langue anglaise”)

“English-language public board supporter” means a person who is an owner or tenant of residential property in the area of jurisdiction of a board and who is not,

(a) a separate school supporter,

(b) a French-language public district school board supporter, or

(c) a Protestant separate school board supporter; (“contribuable des conseils publics de langue anglaise”)

“English-language Roman Catholic board” means,

(a) an English-language separate district school board, or

(b) a Roman Catholic school authority; (“conseil catholique de langue anglaise”)

“English-language Roman Catholic board supporter” means a Roman Catholic,

(a) who is shown as an English-language Roman Catholic board supporter on the school support list as prepared or revised by the assessment commissioner under section 16 of the Assessment Act, or

(b) who is declared to be an English-language Roman Catholic board supporter as a result of a final decision rendered in proceedings commenced under the Assessment Act,

and includes his or her Roman Catholic spouse; (“contribuable des conseils catholiques de langue anglaise”)

“equivalent learning” means a learning situation that falls outside the instruction traditionally provided by a board, that is approved under paragraph 3.0.1 of subsection 8 (1) and for which a pupil’s success can be reasonably evaluated; (“apprentissage équivalent”)

“exceptional pupil” means a pupil whose behavioural, communicational, intellectual, physical or multiple exceptionalities are such that he or she is considered to need placement in a special education program by a committee, established under subparagraph iii of paragraph 5 of subsection 11 (1), of the board,

(a) of which the pupil is a resident pupil,

(b) that admits or enrols the pupil other than pursuant to an agreement with another board for the provision of education, or

(c) to which the cost of education in respect of the pupil is payable by the Minister; (“élève en difficulté”)

“French-language district school board” means a French-language public district school board or a French-language separate district school board; (“conseil scolaire de district de langue française”)

“French-language district school board supporter” means a French-language public district school board supporter or a French-language separate district school board supporter; (“contribuable des conseils scolaires de district de langue française”)

“French-language instructional unit” means a class, group of classes or school in which the French language or Quebec sign language is the language of instruction but does not include a class, group of classes or school established under paragraph 25 of subsection 8 (1); (“module scolaire de langue française”)

“French-language public district school board supporter” means a French-language rights holder,

(a) who is shown as a French-language public district school board supporter on the school support list as prepared or revised by the assessment commissioner under section 16 of the Assessment Act, or

(b) who is declared to be a French-language public district school board supporter as a result of a final decision rendered in proceedings commenced under the Assessment Act,

and includes his or her spouse if the spouse is a French-language rights holder; (“contribuable des conseils scolaires de district publics de langue française”)

“French-language rights holder” means a person who has the right under subsection 23 (1) or (2), without regard to subsection 23 (3), of the Canadian Charter of Rights and Freedoms to have his or her children receive their primary and secondary school instruction in the French language in Ontario; (“titulaire des droits liés au français”)

“French-language separate district school board supporter” means a Roman Catholic French-language rights holder,

(a) who is shown as a French-language separate district school board supporter on the school support list as prepared or revised by the assessment commissioner under section 16 of the Assessment Act, or

(b) who is declared to be a French-language separate district school board supporter as a result of a final decision rendered in proceedings commenced under the Assessment Act,

and includes his or her Roman Catholic spouse if the spouse is a French-language rights holder; (“contribuable des conseils scolaires de district séparés de langue française”)

“French-speaking person” means a child of a person who has the right under subsection 23 (1) or (2), without regard to subsection 23 (3), of the Canadian Charter of Rights and Freedoms to have his or her children receive their primary and secondary school instruction in the French-language in Ontario; (“francophone”)

“guardian” means a person who has lawful custody of a child, other than the parent of the child; (“tuteur”)

“head office” of a board means the place at which the minute book, financial statements and records, and seal of the board are ordinarily kept; (“siège”)

“Indian” has the same meaning as in the Indian Act (Canada); (“Indien”)

“intermediate division” means the division of the organization of a school comprising the first four years of the program of studies immediately following the junior division; (“cycle intermédiaire”)

“judge” means a judge of the Superior Court of Justice; (“juge”)

“junior division” means the division of the organization of a school comprising the first three years of the program of studies immediately following the primary division; (“cycle moyen”)

“Minister” means the Minister of Education and Training; (“ministre”)

“Ministry” means the Ministry of Education and Training; (“ministère”)

“municipality” means a local municipality; (“municipalité”)

“old board” has the same meaning as “board” in subsection 1 (1) of this Act, as it read immediately before the Education Quality Improvement Act, 1997 received Royal Assent, and includes The Metropolitan Toronto School Board but does not include a school authority; (“ancien conseil”)

“part-time teacher” means a teacher employed by a board on a regular basis for other than full-time duty; (“enseignant à temps partiel”)

“permanent improvement” includes,

(a) a school site and an addition or improvement to a school site,

(b) a building used for instructional purposes and any addition, alteration or improvement to a building used for instructional purposes,

(c) any addition, alteration or improvement to an administration building,

(d) a teacher’s residence or caretaker’s residence, a storage building for equipment and supplies, and any addition, alteration or improvement to such a residence or storage building,

(e) furniture, furnishings, library books, instructional equipment and apparatus, and equipment required for maintenance of the property described in clauses (a) to (d) or in clause (f),

(f) a bus or other vehicle, including watercraft, for the transportation of pupils,

(g) the obtaining of a water supply or an electrical power supply on the school property or the conveying of a water supply or an electrical power supply to the school from outside the school property,

(h) initial payments or contributions for past service pensions to a pension plan for officers and other employees of the board,

(i) any property, work, undertaking or matter prescribed under subsection (6); (“amélioration permanente”)

“population” means the population as determined by the assessment commissioner from the last municipal enumeration as updated under the provisions of the Assessment Act; (“population”)

“primary division” means the division of the organization of a school comprising junior kindergarten, kindergarten and the first three years of the program of studies immediately following kindergarten; (“cycle primaire”)

“principal” means a teacher appointed by a board to perform in respect of a school the duties of a principal under this Act and the regulations; (“directeur d’école”)

“private school” means an institution at which instruction is provided at any time between the hours of 9 a.m. and 4 p.m. on any school day for five or more pupils who are of or over compulsory school age in any of the subjects of the elementary or secondary school courses of study and that is not a school as defined in this section; (“école privée”)

“provincial supervisory officer” means a supervisory officer employed in the Ministry; (“agent provincial de supervision”)

“public board” means,

(a) a public district school board, or

(b) a public school authority; (“conseil public”)

“public district school board” means,

(a) an English-language public district school board, or

(b) a French-language public district school board; (“conseil scolaire de district public”)

“public school” means a school under the jurisdiction of a public board; (“école publique”)

“public school authority” means,

(a) a board of a district school area,

(b) a board of a secondary school district established under section 67, or

(c) a board established under section 68; (“administration scolaire publique”)

“regulations” means the regulations made under this Act; (“règlements”)

“reserve fund” means a reserve fund established under section 417 of the Municipal Act, 2001 or section 7 or 8 of the City of Toronto Act, 2006, as the case may be; (“fonds de réserve”)

“residential property” means residential property as defined in section 257.5; (“bien résidentiel”)

“Roman Catholic” includes a member of an Eastern Rite Catholic Church that is in union with the See of Rome; (“catholique”)

“Roman Catholic board” means,

(a) a separate district school board, or

(b) a Roman Catholic school authority; (“conseil catholique”)

“Roman Catholic school authority” means,

(a) a board of a rural separate school zone, or

(b) a board of a combined separate school zone; (“administration scolaire catholique”)

“rural separate school” means a separate school for Roman Catholics that is not under the jurisdiction of a district school board; (“école séparée rurale”)

“rural separate school zone” means a separate school zone in respect of a rural separate school; (“zone d’école séparée rurale”)

“school” means,

(a) the body of elementary school pupils or secondary school pupils that is organized as a unit for educational purposes under the jurisdiction of the appropriate board, or

(b) the body of pupils enrolled in any of the elementary or secondary school courses of study in an educational institution operated by the Government of Ontario,

and includes the teachers and other staff members associated with the unit or institution and the lands and premises used in connection with the unit or institution; (“école”)

“school authority” means,

(a) a board of a district school area,

(b) a board of a rural separate school,

(c) a board of a combined separate school zone,

(d) a board of a secondary school district established under section 67,

(e) a board established under section 68, or

(f) a board of a Protestant separate school; (“administration scolaire”)

“school day” means a day that is within a school year and is not a school holiday; (“jour de classe”)

“school section” means the area in which a public board has jurisdiction for elementary school purposes; (“circonscription scolaire”)

“school site” means land or premises or an interest in land or premises required by a board for a school, school playground, school garden, teacher’s residence, caretaker’s residence, gymnasium, school offices, parking areas or for any other school purpose; (“emplacement scolaire”)

“school year” means the period prescribed as such by, or approved as such under, the regulations; (“année scolaire”)

“secondary school” means a school in which instruction is given in some or all of the last two years of the intermediate division and the senior division; (“école secondaire”)

“secondary school district” means the area in which a public board has jurisdiction for secondary school purposes; (“district d’écoles secondaires”)

“secretary” and “treasurer” include a secretary-treasurer; (“secrétaire”, “trésorier”)

“senior division” means the division of the organization of a school comprising the years of the program of studies following the intermediate division; (“cycle supérieur”)

“separate district school board” means,

(a) an English-language separate district school board, or

(b) a French-language separate district school board; (“conseil scolaire de district séparé”)

“separate school” means a school under the jurisdiction of a Roman Catholic board except,

(a) in the provisions of Part V, and

(b) in any other provision where the context indicates that a school under the jurisdiction of a Protestant separate school board is meant; (“école séparée”)

“separate school supporter” means an English-language Roman Catholic board supporter or a French-language separate district school board supporter; (“contribuable des écoles séparées”)

“separate school zone” means the area of jurisdiction of a Roman Catholic board; (“zone d’écoles séparées”)

“special education program” means, in respect of an exceptional pupil, an educational program that is based on and modified by the results of continuous assessment and evaluation and that includes a plan containing specific objectives and an outline of educational services that meets the needs of the exceptional pupil; (“programme d’enseignement à l’enfance en difficulté”)

“special education services” means facilities and resources, including support personnel and equipment, necessary for developing and implementing a special education program; (”services à l’enfance en difficulté“)

“supervisory officer” means a person who is qualified in accordance with the regulations governing supervisory officers and who is employed,

(a) by a board and designated by the board, or

(b) in the Ministry and designated by the Minister,

to perform such supervisory and administrative duties as are required of supervisory officers by this Act and the regulations; (“agent de supervision”)

“teacher” means a member of the Ontario College of Teachers; (“enseignant”)

“temporary teacher” means a person employed to teach under the authority of a letter of permission. (“enseignant temporaire”) 1997, c. 31, s. 1 (1-3); 1997, c. 43, Sched. G, s. 20 (1); 1999, c. 6, s. 20 (1); 2000, c. 11, ss. 1 (1), 21; 2002, c. 17, Sched. F, Table; 2005, c. 5, s. 21 (1); 2006, c. 28, s. 1 (1); 2006, c. 32, Sched. C, s. 15 (1).

Spouse

(1.0.1)  In the definition of “French-language public district school board supporter” in subsection (1), in subsection (9), and in sections 164, 177 and 179,

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. 1999, c. 6, s. 20 (2); 2002, c. 18, Sched. G, s. 1; 2005, c. 5, s. 21 (2-4).

Occasional teacher

(1.1)  For the purposes of this Act, a teacher is an occasional teacher if he or she is employed by a board to teach as a substitute for a teacher or temporary teacher who is or was employed by the board in a position that is part of its regular teaching staff including continuing education teachers but,

(a) if the teacher substitutes for a teacher who has died during a school year, the teacher’s employment as the substitute for him or her shall not extend past the end of the school year in which the death occurred; and

(b) if the teacher substitutes for a teacher who is absent from his or her duties for a temporary period, the teacher’s employment as the substitute for him or her shall not extend past the end of the second school year after his or her absence begins. R.S.O. 1990, c. E.2, s. 1 (1.2). (See: 1997, c. 31, s. 1 (4).)

Regulations: co-instructional activities

(1.2)  The Lieutenant Governor in Council may make regulations specifying activities that are not co-instructional activities. 2000, c. 11, s. 1 (2).

Municipal Property Assessment Corporation

(1.2.1)  A reference in this Act to the assessment commissioner or to the appropriate assessment commissioner shall be deemed to be a reference to the Municipal Property Assessment Corporation. 2001, c. 8, s. 204.

When authority or obligation of parent vests in pupil

(2)  Where by or under this Act any authority or right is vested in, or any obligation is imposed upon, or any reimbursement may be made to, a parent or guardian of a pupil, such authority, right, obligation or reimbursement shall be vested in or imposed upon or made, as the case may be,

(a) to the pupil, if he or she is 18 years old or older; and

(b) with respect to a pupil who is at least 16 years old but under 18 years old, to the pupil in such circumstances or for such purposes as may be prescribed by the regulations. 2006, c. 28, s. 1 (2).

Questions re proceeding as to formation of school section

(3)  Where any question arises touching the validity of any proceeding with respect to the formation, alteration or dissolution of a school section or touching any by-law with respect to any of such matters, the question shall be raised, heard and determined upon a summary application to a judge, and no proceeding or by-law with respect to the formation, alteration or dissolution of a school section is invalid or shall be set aside because of failure to comply with the provisions of any Act applicable to the proceeding or by-law, unless, in the opinion of the judge before whom the proceeding or by-law is called in question, the proceeding or by-law, if allowed to stand, would cause substantial injustice to be done to any person affected thereby. R.S.O. 1990, c. E.2, s. 1 (3).

Constitutional rights and privileges

(4)  This Act does not adversely affect any right or privilege guaranteed by section 93 of the Constitution Act, 1867 or by section 23 of the Canadian Charter of Rights and Freedoms. 1997, c. 3, s. 2 (6).

Same

(4.1)  Every authority given by this Act, including but not limited to every authority to make a regulation, decision or order and every authority to issue a directive or guideline, shall be exercised in a manner consistent with and respectful of the rights and privileges guaranteed by section 93 of the Constitution Act, 1867 and by section 23 of the Canadian Charter of Rights and Freedoms. 1997, c. 31, s. 1 (5).

Existing school arrangements continued

(5)  Until altered under the authority of this or any other Act, all school jurisdictions and boards, including the names of the boards, as they existed on the 31st day of July, 1981, are continued subject to the provisions of this Act. R.S.O. 1990, c. E.2, s. 1 (5).

Regulations re permanent improvements

(6)  The Minister may make regulations prescribing any property, work, undertaking or matter for the purposes of the definition of “permanent improvement” in subsection (1). 1997, c. 31, s. 1 (6).

Separate school support in 1997

(7)  A person who at any time in 1997 is a separate school supporter in connection with land assessed to the support of a separate school board is also, at that time, a separate school supporter for the purpose of qualifying as a separate school elector for the English-language separate district school board or the French-language separate district school board, as the case may be, the area of jurisdiction of which includes that land. 1997, c. 3, s. 2 (7).

Entitlement to vote based on residence

(8)  Despite any provision of this Act, except subsection (9), or of any other Act, including clause 17 (2) (a) of the Municipal Elections Act, 1996, for the purposes of regular elections and by-elections, a person is not qualified to vote for a member of a board for an area unless the person resides in the area on voting day. 1997, c. 31, s. 1 (7); 2002, c. 17, Sched. D, s. 36 (1).

(8.1)  Repealed: 1997, c. 31, s. 1 (7).

Exception

(9)  Subsection (8) does not apply to a person who is an owner or tenant of residential property in the area referred to in subsection (8), or who is a spouse of that person. 1997, c. 31, s. 1 (7); 1999, c. 6, s. 20 (3); 2005, c. 5, s. 21 (5).

Entitlement to vote in the area of jurisdiction of a board

(10)  For the purposes of sections 50.1, 54, 58.8 and 58.9, a person is entitled to vote in the area of jurisdiction of a board if, on voting day, he or she,

(a) resides in the area or is a person to whom subsection (9) applies;

(b) is a Canadian citizen;

(c) is at least 18 years of age; and

(d) is not a person referred to in clause 17 (2) (d) of the Municipal Elections Act, 1996. 2002, c. 17, Sched. D, s. 36 (2).

Interpretation

(11)  For the purposes of subsections (8) and (10),

“resides” has the same meaning as in section 17 of the Municipal Elections Act, 1996. 2002, c. 17, Sched. D, s. 36 (3).

Trustee

(12)  A member of a board may be referred to as a trustee for any purpose related to this Act. 1997, c. 31, s. 1 (7).

PART I
MINISTRY OF EDUCATION AND TRAINING

Ministry continued

2.  (1)  The ministry of the public service known in English as the Ministry of Education and Training and in French as ministère de l’Éducation et de la Formation is continued. 1997, c. 31, s. 3.

Minister to have charge

(2)  The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. E.2, s. 2 (2).

Administration

(3)  The Minister is responsible for the administration of this Act and the regulations and of such other Acts and the regulations thereunder as may be assigned to the Minister by the Lieutenant Governor in Council. R.S.O. 1990, c. E.2, s. 2 (3).

Delegation of powers and duties

(4)  The Minister may in writing authorize the Deputy Minister or any other officer or employee in the Ministry to exercise any power or perform any duty that is granted to or vested in the Minister under this or any other Act. R.S.O. 1990, c. E.2, s. 2 (4).

Limitations

(5)  The Minister may in writing limit an authorization made under subsection (4) in such manner as he or she considers advisable. R.S.O. 1990, c. E.2, s. 2 (5).

Application of Executive Council Act, s. 6

(6)  Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under an authorization made under subsection (4). R.S.O. 1990, c. E.2, s. 2 (6).

Annual report

3.  The Minister shall, after the close of each fiscal year, submit to the Lieutenant Governor in Council a report upon the affairs of the Ministry for the immediately preceding fiscal year and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. E.2, s. 3.

Additions to enrolment in special cases

4.  The Minister may, in respect of a school, require to be included in the enrolment on any date the number of pupils who were absent from school because of any condition considered by the Minister to constitute a special circumstance or an emergency. R.S.O. 1990, c. E.2, s. 4.

Closing of school or class

5.  (1)  Subject to the approval of the Lieutenant Governor in Council, the Minister may order the closing of a school or any class thereof for a specified period. R.S.O. 1990, c. E.2, s. 5 (1).

Pupils deemed in attendance

(2)  Where a school or class is closed for a specified period under subsection (1), the pupils in such school or class shall for all purposes, including the calculation of legislative grants and fees, be deemed to be in attendance. R.S.O. 1990, c. E.2, s. 5 (2); 1997, c. 31, s. 4.

6.  Repealed: 1997, c. 31, s. 5.

7.  Repealed: 1997, c. 31, s. 5.

Powers of Minister

8.  (1)  The Minister may,

diplomas and certificates

1. name the diplomas and certificates that are to be granted to pupils and prescribe their form and the conditions under which they are to be granted; R.S.O. 1990, c. E.2, s. 8 (1), par. 1.

courses of study

2. prescribe the courses of study that shall be taught and the courses of study that may be taught in the primary, junior, intermediate and senior divisions; R.S.O. 1990, c. E.2, s. 8 (1), par. 2.

courses and areas of study

3. in respect of schools under the jurisdiction of a board,

(a) issue curriculum guidelines and require that courses of study be developed therefrom and establish procedures for the approval of courses of study that are not developed from such curriculum guidelines,

(b) prescribe areas of study and require that courses of study be grouped thereunder and establish procedures for the approval of alternative areas of study under which courses of study shall be grouped, and

(c) approve or permit boards to approve,

(i) courses of study that are not developed from such curriculum guidelines, and

(ii) alternative areas of study under which courses of study shall be grouped,

and authorize such courses of study and areas of study to be used in lieu of or in addition to any prescribed course of study or area of study; R.S.O. 1990, c. E.2, s. 8 (1), par. 3.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 28, subsection 2 (1) by adding the following paragraph:

equivalent learning

3.0.1 establish policies, guidelines and standards with respect to equivalent learning and may,

i. require that boards develop and offer equivalent learning opportunities to their pupils in accordance with the policies, guidelines or standards,

ii. subject to subsection (2), in accordance with criteria set out in the policies, guidelines or standards, designate groups, organizations or entities that are approved to provide equivalent learning to pupils of a board,

iii. in accordance with criteria set out in the policies, guidelines or standards, designate programs, courses of study or other activities that are approved for the purposes of equivalent learning; 2006, c. 28, s. 2 (1).

See: 2006, c. 28, ss. 2 (1), 14 (2).

reviews of effectiveness

3.1 conduct reviews of classroom practices and the effectiveness of educational programs and require a board or a private school inspected under subsection 16 (7) to participate in the reviews and to provide information to the Minister for that purpose in such form as the Minister may prescribe; 1993, c. 11, s. 10.

tests

3.2 assess the academic achievement of pupils attending schools under the jurisdiction of a board and, for the purpose, the Minister may,

(a) provide for the administering and marking of tests of academic achievement,

(b) require a board to administer tests of academic achievement to its pupils and mark the tests, within the time and in the manner and form specified by the Minister, and

(c) require a board to report on the results of the tests to the Minister and to the general public within the board’s jurisdiction, within the time and in the manner and form specified by the Minister; 1996, c. 11, s. 29 (1).

policies, guidelines: assessment of academic achievement

3.3 establish policies and guidelines for the assessment of the academic achievement of pupils attending schools under the jurisdiction of a board and require boards to comply with the policies and guidelines; 1996, c. 11, s. 29 (1).

guidelines: role and responsibilities of board members, officials

3.4 establish policies and guidelines respecting the roles and responsibilities of board members, directors of education, supervisory officers, principals, superintendents and other officials; 1997, c. 31, s. 6 (1).

policies and guidelines: policies re pupil representatives

3.5 establish policies and guidelines for the development and implementation of board policies dealing with the representation on boards of the interests of pupils and require boards to comply with the policies and guidelines; 1997, c. 31, s. 6 (2).

policies and guidelines: policies re electronic meetings

3.6 establish policies and guidelines for the development and implementation of board policies dealing with the use of electronic means for the holding of meetings of a board and meetings of a committee of a board, including a committee of the whole board, and require boards to comply with the policies and guidelines; 2002, c. 18, Sched. G, s. 2.

procedures

4. establish procedures by which and the conditions under which books and other learning materials are selected and approved by the Minister; R.S.O. 1990, c. E.2, s. 8 (1), par. 4.

textbooks and other learning materials

5. purchase and distribute textbooks and other learning materials for use in schools; R.S.O. 1990, c. E.2, s. 8 (1), par. 5.

textbooks, reference books, etc.

6. select and approve for use in schools textbooks, library books, reference books and other learning materials; R.S.O. 1990, c. E.2, s. 8 (1), par. 6.

publication of book lists

7. cause to be published from time to time lists of textbooks, learning materials, reference books and library books, selected and approved by the Minister for use in elementary and secondary schools; R.S.O. 1990, c. E.2, s. 8 (1), par. 7.

daily register

8. prescribe the form of the register of attendance and the manner of its use in recording the daily attendance of pupils of schools, or approve the use of an alternate method of recording such daily attendance, and prescribe the form in which enrolment and attendance data shall be submitted to the Minister; R.S.O. 1990, c. E.2, s. 8 (1), par. 8.

application of Workplace Safety and Insurance Act, 1997

9. prescribe the conditions under which and the terms upon which pupils of boards shall be deemed to be workers for the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, deem pupils to be workers for those purposes and require a board to reimburse Ontario for payments made by Ontario under the insurance plan in respect of such a pupil; 1997, c. 16, s. 5.

letter of permission

10. grant a letter of permission to a board authorizing the board to employ a person who is not a member of the Ontario College of Teachers to teach in an elementary or secondary school if the Minister is satisfied that no member is available, but a letter of permission shall be effective only for the period, not exceeding one year, that the Minister may specify; 1996, c. 12, s. 64 (2).

letter of approval

11. grant a temporary letter of approval to a board authorizing the board to appoint or assign, for a period not exceeding one year, a teacher to teach a subject or hold a position where the teacher does not hold the certificate required for teaching the subject; R.S.O. 1990, c. E.2, s. 8 (1), par. 11.

withdraw letter

12. withdraw any letter of permission or temporary letter of approval granted under this Act; R.S.O. 1990, c. E.2, s. 8 (1), par. 12.

suspend or cancel

13. suspend or cancel and reinstate any certificate of qualification or letter of standing; R.S.O. 1990, c. E.2, s. 8 (1), par. 13.

accept equivalent qualification

14. accept in lieu of any requirement prescribed for a teacher, head of a department, principal, director, supervisor or supervisory officer, or for a candidate for a certificate or for admission to a school, such experience, academic scholarship or professional training as the Minister considers equivalent thereto, and may require such evidence thereof as the Minister considers necessary; R.S.O. 1990, c. E.2, s. 8 (1), par. 14.

medical examinations

15. require employees of school boards to submit to medical examinations; R.S.O. 1990, c. E.2, s. 8 (1), par. 15.

courses

16. provide or approve and review courses for teachers, principals, supervisory officers, attendance counsellors and native counsellors and grant certificates in respect of the successful completion of such courses; R.S.O. 1990, c. E.2, s. 8 (1), par. 16.

correspondence courses

17. provide for the development, distribution and supervision by the Ministry of correspondence courses; R.S.O. 1990, c. E.2, s. 8 (1), par. 17.

fees re correspondence courses

17.1 provide for fees in relation to anything referred to in paragraph 17; 1997, c. 31, s. 6 (3).

scholarships, bursaries

18. provide for, and prescribe the conditions of, the granting of scholarships, bursaries and awards to pupils and the granting of bursaries to teachers; R.S.O. 1990, c. E.2, s. 8 (1), par. 18.

teachers’ colleges

19. in respect of teachers’ colleges,

(a) define courses of study and subjects to be taught,

(b) recommend reference books and library books,

(c) approve textbooks,

(d) determine the number of terms and the dates upon which each term begins and ends, and

(e) grant Bachelor of Education degrees; R.S.O. 1990, c. E.2, s. 8 (1), par. 19.

provincial schools

20. in respect of schools for the deaf and the blind, determine the number of terms and the dates upon which each term begins and ends; R.S.O. 1990, c. E.2, s. 8 (1), par. 20.

apportion federal grants

21. apportion and pay all sums received for educational purposes from the Government of Canada or any source other than an appropriation by the Legislature, in accordance with the terms of the grant, if any, and otherwise in any manner the Minister considers proper; R.S.O. 1990, c. E.2, s. 8 (1), par. 21.

educational advancement programs, activities and projects and accountable advances

22. make payments out of funds appropriated therefor by the Legislature to a board, an individual, a voluntary association or a corporation without share capital having objects of a charitable or educational nature,

(a) to assist or advance programs, activities or projects for students that involve a cultural and educational exchange with other provinces and countries, provincial or interprovincial travel, school twinning and related assistance, leadership training, or summer employment, and

(b) to foster and promote educational advancement by means of programs, activities or projects that are provided for visiting educational officials, designed to further the professional development of teachers and supervisory officers including exchange of such personnel, or considered by the Minister to be valuable in advancing a particular area of study,

and, subject to the terms and conditions that are approved for such purpose by the Lieutenant Governor in Council, make an accountable advance to the recipient of a payment under this clause or to an individual, other than an individual employed under Part III of the Public Service of Ontario Act, 2006, who conducts or assists in conducting or participates in any such program, activity or project; R.S.O. 1990, c. E.2, s. 8 (1), par. 22; 2006, c. 35, Sched. C, s. 28 (1).

agreements concerning learning materials

23. enter into an agreement with any board, person or organization in respect of the development and production of learning materials, and pay all or part of the costs in connection therewith; R.S.O. 1990, c. E.2, s. 8 (1), par. 23.

copyright licence agreements

23.1 enter into a licence agreement to permit boards to copy, under the terms of the licence agreement, works protected by copyright, and to,

(a) extend the rights under the licence agreement to boards, and

(b) require boards to comply with the terms of the licence agreement; 1991, c. 10, s. 1 (1).

educational research and grants for promotion of advancement of education

24. initiate educational research and make grants to a board, an individual, a voluntary association or a corporation for educational research programs, activities or projects to promote the advancement of education; R.S.O. 1990, c. E.2, s. 8 (1), par. 24.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 28, subsection 2 (2) by adding the following paragraph:

agreements concerning equivalent learning

24.1 subject to subsection (2), enter into an agreement with one or more groups, organizations or entities respecting the provision of equivalent learning to pupils of one or more boards; 2006, c. 28, s. 2 (2).

See: 2006, c. 28, ss. 2 (2), 14 (2).

discretion to establish French-language programs for English-speaking pupils

25. permit a board to establish for English-speaking pupils programs involving varying degrees of the use of the French language in instruction, provided that programs in which English is the language of instruction are made available to pupils whose parents desire such programs for their children; R.S.O. 1990, c. E.2, s. 8 (1), par. 25.

guidelines respecting school closings

26. in respect of schools under the jurisdiction of a board, issue guidelines respecting the closing of schools and require that boards develop policies therefrom with respect to procedures to be followed prior to the closing of a school by decision of the board; R.S.O. 1990, c. E.2, s. 8 (1), par. 26.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 11, subsection 2 (1) by adding the following paragraph:

guidelines respecting co-instructional plans – elementary

26.1 issue guidelines respecting plans required by paragraph 7.1 of subsection 170 (1), including but not limited to guidelines respecting the development, substance and implementation of the plans, and require boards to comply with the guidelines; 2000, c. 11, s. 2 (1).

See: 2000, c. 11, ss. 2 (1), 24 (2).

guidelines respecting co-instructional plans – secondary

26.2 issue guidelines respecting plans required by paragraph 7.2 of subsection 170 (1), including but not limited to guidelines respecting the development, substance and implementation of the plans, and require boards to comply with the guidelines; 2000, c. 11, s. 2 (2).

guidelines respecting pupil records

27. issue guidelines respecting pupil records and require boards to comply with the guidelines; R.S.O. 1990, c. E.2, s. 8 (1), par. 27; 1991, c. 10, s. 1 (2).

board reports

27.1 require a board,

(a) to prepare any report that the Minister may require,

(b) to submit, in the form directed by the Minister, a copy of the report to the Ministry and to such other persons as the Minister may direct, and

(c) to attach a copy of the report to the financial statements of the board referred to in section 252; 1997, c. 31, s. 6 (4).

same

27.2 issue guidelines respecting the form and content of a report referred to in paragraph 27.1; 1997, c. 31, s. 6 (4).

28. Repealed: 2005, c. 21, s. 1.

29. Repealed: 1995, c. 4, s. 2 (1).

ethnocultural equity

29.1 require boards to develop and implement an ethnocultural equity and anti-racism policy, to submit the policy to the Minister for approval and to implement changes to the policy as directed by the Minister; 1992, c. 16, s. 2.

drug education

29.2 establish a drug education policy framework and require boards to develop and implement a policy on drug education in accordance with the framework; 1992, c. 16, s. 2.

nutritional guidelines

29.3 establish policies and guidelines with respect to nutritional standards for food and beverages and for any ingredient contained in food and beverages provided on school premises or in connection with a school-related activity; 2008, c. 2, s. 1.

same

29.4 require boards to comply with the policies and guidelines established under paragraph 29.3; 2008, c. 2, s. 1.

duties of auditors

30. prescribe the duties to be performed by auditors appointed under section 253; 1997, c. 31, s. 6 (5).

31., 32. Repealed: 1997, c. 31, s. 6 (5).

approval of agreements

33. approve the entering into of an agreement by boards under subsection 182 (1); R.S.O. 1990, c. E.2, s. 8 (1), par. 33.

34. Repealed: 1997, c. 31, s. 6 (5).

education costs outside Ontario

35. make payments towards the cost of elementary or secondary education that a person receives outside Ontario, if the person is outside Ontario for the purpose of receiving insured services within the meaning of the Health Insurance Act and the cost of the insured services is paid for in whole or in part by the Ontario Health Insurance Plan. 1993, c. 11, s. 10.

(2)  Repealed: 1997, c. 31, s. 6 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 is amended by the Statutes of Ontario, 2006, chapter 28, subsection 2 (3) by adding the following subsections:

Minister’s duties re equivalent learning

(2)  In determining whether to approve an organization or entity under paragraph 3.0.1 of subsection (1) to provide equivalent learning and in entering agreements for the provision of equivalent learning under paragraph 24.1 of that subsection, the Minister shall have regard to the need to ensure that a pupil who participates in equivalent learning will not, by so doing, receive educational benefits of a lesser quality than those provided in the traditional education system. 2006, c. 28, s. 2 (3).

Restriction re credits for equivalent learning

(2.1)  The Minister may not, in the exercise of his or her authority under subsection (1), authorize any person other than the principal of a school to issue a credit to a pupil for his or her participation in equivalent learning. 2006, c. 28, s. 2 (3).

See: 2006, c. 28, ss. 2 (3), 14 (2).

Identification programs and special education programs and services

(3)  The Minister shall ensure that all exceptional children in Ontario have available to them, in accordance with this Act and the regulations, appropriate special education programs and special education services without payment of fees by parents or guardians resident in Ontario, and shall provide for the parents or guardians to appeal the appropriateness of the special education placement, and for these purposes the Minister shall,

(a) require school boards to implement procedures for early and ongoing identification of the learning abilities and needs of pupils, and shall prescribe standards in accordance with which such procedures be implemented; and

(b) in respect of special education programs and services, define exceptionalities of pupils, and prescribe classes, groups or categories of exceptional pupils, and require boards to employ such definitions or use such prescriptions as established under this clause. R.S.O. 1990, c. E.2, s. 8 (3).

Application

(4)  An act of the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. R.S.O. 1990, c. E.2, s. 8 (4); 2006, c. 21, Sched. F, s. 136 (1).

Collection and use of personal information

8.1  (1)  The Minister may collect personal information, directly or indirectly, for purposes related to the following matters, and may use it for those purposes:

1. Administering this Act and the regulations, and implementing the policies and guidelines made under this Act.

2. Ensuring compliance with this Act, the regulations, and the policies and guidelines made under this Act.

3. Planning or delivering programs or services that the Ministry provides or funds, in whole or in part, allocating resources to any of them, evaluating or monitoring any of them or detecting, monitoring and preventing fraud or any unauthorized receipt of services or benefits related to any of them.

4. Risk management, error management or activities to improve or maintain the quality of the programs or services that the Ministry provides or funds, in whole or in part.

5. Research and statistical activities that relate to education and are conducted by or on behalf of the Ministry. 2006, c. 10, s. 1.

Limits on collection and use

(2)  The Minister shall not collect or use personal information if other information will serve the purpose of the collection or use. 2006, c. 10, s. 1.

Same

(3)  The Minister shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use. 2006, c. 10, s. 1.

Collection and use of personal information for research

(4)  The collection or use of personal information for purposes related to research activities mentioned in paragraph 5 of subsection (1) is subject to any requirements and restrictions that may be prescribed. 2006, c. 10, s. 1.

Disclosure by educational and training institutions, etc.

(5)  The Minister may require any of the following to disclose to him or her such personal information as is reasonably necessary for the purposes described in subsection (1):

1. Educational and training institutions that are prescribed for the purposes of sections 266.2 to 266.5.

2. Persons and entities that are prescribed for the purposes of subsection 266.3 (3). 2006, c. 10, s. 1.

Same

(6)  The Minister may specify the time at which, and the form in which, the information must be provided. 2006, c. 10, s. 1.

Notice required by s. 39 (2) of FIPPA

(7)  If the Minister collects personal information indirectly under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act is given by,

(a) a public notice posted on the Ministry’s website; or

(b) any other method that may be prescribed. 2006, c. 10, s. 1.

Regulations

(8)  The Lieutenant Governor in Council may make regulations for the purposes of this section,

(a) prescribing requirements and restrictions for the purposes of subsection (4);

(b) prescribing methods of giving the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act. 2006, c. 10, s. 1.

Accounting statement related to assistance by Ministry

9.  The Minister may require a person or organization that has received financial assistance under this Act or the regulations to submit to the Minister a statement prepared by a person licensed under the Public Accounting Act, 2004 that sets out the details of the disposition of the financial assistance by the person or organization. R.S.O. 1990, c. E.2, s. 9; 2004, c. 8, s. 46.

Powers of Minister

10.  The Minister may,

advisory body

(a) appoint such advisory or consultative bodies as may be considered necessary by the Minister from time to time;

commission of inquiry

(b) appoint as a commission one or more persons, as the Minister considers expedient, to inquire into and report upon any school matter, and such commission has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry as if it were an inquiry under that Act;

secure legal opinion

(c) submit a case on any question arising under this Act to the Divisional Court for opinion and decision. R.S.O. 1990, c. E.2, s. 10.

Report on new teacher induction program

10.1  (1)  The Minister may require boards to prepare reports on the new teacher induction program required under Part X.0.1 and may issue guidelines respecting the form and content of the reports and the time periods within which or frequency with which they shall be submitted. 2006, c. 10, s. 2.

Minister’s response

(2)  If, in the opinion of the Minister, a report submitted under subsection (1) indicates that the board’s new teacher induction program does not conform to the requirements of this Act or to any guidelines the Minister has issued respecting new teacher induction programs, he or she shall inform the board of that fact and may direct the board to further develop its program and resubmit the report within a time frame specified by him or her. 2006, c. 10, s. 2.

Regulations

11.  (1)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations in respect of schools or classes established under this Act, or any predecessor of this Act, and with respect to all other schools supported in whole or in part by public money,

General

1. for the establishment, organization, administration and government thereof; R.S.O. 1990, c. E.2, s. 11 (1), par. 1.

admit pupils

2. governing the admission of pupils; R.S.O. 1990, c. E.2, s. 11 (1), par. 2.

pupil records

3. prescribing the manner in which records in respect of pupils of elementary and secondary schools shall be established and maintained, including the forms to be used therefor and the type of information that shall be kept and recorded, and providing for the retention, transfer and disposal of such records; R.S.O. 1990, c. E.2, s. 11 (1), par. 3.

disposition of present pupil records

4. providing for the disposition of records established prior to the 1st day of September, 1972, in respect of pupils; R.S.O. 1990, c. E.2, s. 11 (1), par. 4.

special education programs

5. governing the provision, establishment, organization and administration of,

i. special education programs,

ii. special education services, and

iii. committees to identify exceptional pupils and to make and review placements of exceptional pupils; R.S.O. 1990, c. E.2, s. 11 (1), par. 5.

identification and placement appeals

6. governing procedures with respect to parents or guardians for appeals in respect of identification and placement of exceptional pupils in special education programs; R.S.O. 1990, c. E.2, s. 11 (1), par. 6.

evening classes

7. defining and governing evening classes; R.S.O. 1990, c. E.2, s. 11 (1), par. 7.

purchase books

8. requiring boards to purchase books for the use of pupils; R.S.O. 1990, c. E.2, s. 11 (1), par. 8.

accommodation and equipment

9. prescribing the accommodation and equipment of buildings and the arrangement of premises; R.S.O. 1990, c. E.2, s. 11 (1), par. 9.

recreation programs

10. defining and governing programs of recreation, camping, physical education and adult education; R.S.O. 1990, c. E.2, s. 11 (1), par. 10.

certificates and letters of standing

11. governing the granting, suspending and cancelling of certificates of qualification, and letters of standing; R.S.O. 1990, c. E.2, s. 11 (1), par. 11.

teacher’s qualifications record cards

12. providing for the issuing of teacher’s qualifications record cards and governing the professional qualifications that may be recorded on such record cards; R.S.O. 1990, c. E.2, s. 11 (1), par. 12.

letter of permission

13. governing the granting to a board of a letter of permission and a temporary letter of approval and providing for the withdrawal of such letters; R.S.O. 1990, c. E.2, s. 11 (1), par. 13.

14. Repealed: 1997, c. 31, s. 7 (1).

schools on Crown lands

15. governing the establishment and operation of public and secondary schools on lands held by the Crown in right of Canada or Ontario or by an agency thereof, or on other lands that are exempt from taxation for school purposes; R.S.O. 1990, c. E.2, s. 11 (1), par. 15.

supervisory officers, examinations

16. providing for the holding of examinations for persons to become supervisory officers and governing such examinations; R.S.O. 1990, c. E.2, s. 11 (1), par. 16.

continuing education courses and classes

17. defining and governing continuing education courses and classes; R.S.O. 1990, c. E.2, s. 11 (1), par. 17.

same

18. prescribing the continuing education courses and classes for which membership in the Ontario College of Teachers is required; 1996, c. 12, s. 64 (3).

fees of examiners

19. prescribing the fees to be paid to presiding officers and examiners in connection with examinations and by whom and in what manner such fees and other expenses in connection with such examinations shall be borne and paid; R.S.O. 1990, c. E.2, s. 11 (1), par. 19.

religious exercises and education

20. governing the provision of religious exercises and religious education in public schools and providing for the exemption of pupils from participating in such exercises and education and of a teacher from teaching, and a public board from providing, religious education in any school or class; R.S.O. 1990, c. E.2, s. 11 (1), par. 20; 1997, c. 31, s. 7 (2).

language of instruction

21. prescribing the language or languages in which any subject or subjects shall be taught in any year of the primary, junior, intermediate or senior division; R.S.O. 1990, c. E.2, s. 11 (1), par. 21.

sign language

21.1 respecting the use of American Sign Language and Quebec Sign Language as languages of instruction; 1993, c. 11, s. 11 (1).

exchange teachers

22. providing for and governing the exchange of teachers between Ontario and other parts of Canada and between Ontario and other jurisdictions; R.S.O. 1990,  c. E.2, s. 11 (1), par. 22.

school libraries

23. governing school libraries; R.S.O. 1990,  c. E.2, s. 11 (1), par. 23.

textbooks

24. listing the textbooks that are selected and approved by the Minister for use in schools; R.S.O. 1990,  c. E.2, s. 11 (1), par. 24.

teachers’ learning plans

25. respecting learning plans for teachers and temporary teachers, or classes of teachers and temporary teachers, including regulations requiring a board to ensure that learning plans are developed for the teachers and temporary teachers employed by it, requiring a board to ensure that each learning plan is reviewed on a periodic basis set out in the regulation, and requiring a board to use forms approved by the Minister for any purpose associated with this paragraph; 2001, c. 24, s. 2 (1).

powers and duties of teachers, etc.

26. prescribing the powers, duties and qualifications, and governing the appointment of teachers, supervisors, directors, supervisory officers, heads of departments, principals, superintendents, residence counsellors, school attendance counsellors and other officials; R.S.O. 1990, c. E.2, s. 11 (1), par. 26.

effect of certificates issued under the Ontario College of Teachers Act, 1996

26.1 giving boards directions as to the effect and consequences of,

i. a certificate issued under the Ontario College of Teachers Act, 1996 being suspended, cancelled or revoked under that Act,

ii. a certificate issued under the Ontario College of Teachers Act, 1996 being subject to terms, conditions or limitations imposed under that Act,

iii. a certificate issued under the Ontario College of Teachers Act, 1996 being of a particular class prescribed under that Act,

iv. a certificate of qualification that is additional to the certificate of qualification and registration being issued under Ontario College of Teachers Act, 1996; 1996, c. 12, s. 64 (5).

pupils

27. prescribing the duties of pupils; R.S.O. 1990,  c. E.2, s. 11 (1), par. 27.

28. Repealed: 1993, c. 11, s. 11 (2).

qualification to teach

29. prescribing the qualifications and experience required for the purpose of qualifying a person to teach; R.S.O. 1990, c. E.2, s. 11 (1), par. 29.

forms

30. prescribing forms and providing for their use; R.S.O. 1990, c. E.2, s. 11 (1), par. 30.

transportation

31. governing the transportation of pupils; R.S.O. 1990, c. E.2, s. 11 (1), par. 31.

practice and procedure

32. regulating the practice and procedure to be followed at any hearing provided for by or under this Act; R.S.O. 1990, c. E.2, s. 11 (1), par. 32.

duties of supervisory officers

33. governing the assignment by a board of duties to directors of education and other supervisory officers and prescribing the procedures in respect thereof, and defining any word or expression used in such regulation; R.S.O. 1990, c. E.2, s. 11 (1), par. 33.

suspension or dismissal of supervisory officers

34. prescribing the practices and procedures to be followed by a board in the case of suspension or dismissal of a director of education or other supervisory officer; R.S.O. 1990, c. E.2, s. 11 (1), par. 34.

competition with private sector

35. despite paragraph 28 of subsection 171 (1), prohibiting or regulating and controlling any program or activity of a board that is or may be in competition with any business or occupation in the private sector and providing that such regulations have general application or application to a particular board; R.S.O. 1990, c. E.2, s. 11 (1), par. 35.

language programs

36. requiring boards to offer programs that deal with languages other than English or French and governing the establishment and operation of such programs. R.S.O. 1990, c. E.2, s. 11 (1), par. 36.

(2)  Repealed: 1993, c. 11, s. 11 (3).

Regulations: fees for provision of education

(3)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations,

(a) providing for the circumstances in which a fee is receivable by a board in respect of the provision of education by the board to elementary or secondary school pupils or any class or group of elementary or secondary school pupils; and

(b) providing for the method of determining the amount of any fee receivable under clause (a). 1997, c. 31, s. 7 (3).

Same

(4)  A regulation made under subsection (3),

(a) Repealed: 2001, c. 24, s. 2 (2).

(b) may prescribe the maximum amount of any fee that may be charged and may provide for the determination of fees by boards; and

(c) may be made to apply with respect to any period specified in the regulation including a period before the regulation is made. 1997, c. 31, s. 7 (3); 2001, c. 24, s. 2 (2).

(5)  Repealed: 1997, c. 31, s. 7 (3).

(6)  Repealed: 1997, c. 31, s. 7 (3).

Regulations: school year, terms, holidays

(7)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations,

(a) prescribing and governing the school year, school terms, school holidays, instructional days and professional activity days;

(b) authorizing a board to vary one or more school terms, school holidays or instructional days as designated by the regulations;

(c) permitting a board to designate, and to implement with the prior approval of the Minister, a school year, school terms, school holidays or instructional days for one or more schools under its jurisdiction that are different from those prescribed by the regulations; and

(d) respecting the preparation and implementation of school calendars by boards. 1997, c. 31, s. 7 (4); 2006, c. 10, s. 3 (1).

Same

(7.1)  A school calendar prepared under a regulation made under clause (7) (d) shall not provide for more than 10 examination days in any school year determined in respect of a school under the regulations made under subsection (7). 2006, c. 10, s. 3 (2).

Regulations: exceptions, compulsory attendance

(8)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations prescribing the conditions under which, and establishing the procedures by which, a child who is otherwise required to attend school under Part II and who has attained the age of fourteen years may be excused from attendance at school or required to attend school only part-time. R.S.O. 1990, c. E.2, s. 11 (8); 2002, c. 18, Sched. G, s. 3.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2006, chapter 28, section 3 and the following substituted:

Regulations: excusal from compulsory attendance

(8)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations governing the excusal of persons who are at least 14 years old from compulsory attendance at school under Part II. 2006, c. 28, s. 3.

Same

(8.1)  Without limiting the generality of subsection (8), a regulation made under that subsection may,

(a) prescribe conditions under which and establish procedures by which a person may be excused from attendance at school;

(b) prescribe programs or other activities that participation in which will permit a person to be excused from attendance at school;

(c) prescribe criteria or standards for programs or other activities that participation in which will permit a person to be excused from attendance at school and establish procedures for determining whether the criteria or standards are satisfied. 2006, c. 28, s. 3.

Regulations: when authority of parent vests in pupil

(8.2)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations, for the purposes of clause 1 (2) (b), prescribing the circumstances in which or purposes for which an authority or right shall be vested in, an obligation imposed upon or a reimbursement made to a pupil who is at least 16 years old but under 18 years old. 2006, c. 28, s. 3.

See: 2006, c. 28, ss. 3, 14 (2).

Regulations: miscellaneous

(9)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations,

fee for transcripts

(a) prescribing the fee to be paid to the Ministry for a transcript of standing obtained in Ontario by a pupil;

fee for duplicates

(b) prescribing the fee to be paid to the Ministry for duplicates of Ontario Teacher’s Qualifications Record Cards and duplicates of certificates issued under this Act;

(c) Repealed: 1996, c. 12, s. 64 (6).

fees for evaluations

(d) prescribing the conditions under which fees shall be paid to the Ministry for the evaluation of academic certificates, transcripts and other documents of educational standing, and prescribing the amounts of the fees;

fees for duplicates of certificates

(e) prescribing the fees to be paid for duplicates of diplomas and certificates granted to pupils;

fees for courses

(f) prescribing the fees to be paid for courses provided by the Ministry for teachers, principals and supervisory officers or any class thereof;

admission to teachers’ college

(g) prescribing the terms and conditions upon which students may be admitted to a teachers’ college, remain therein and be dismissed therefrom;

tuition fee teachers’ college

(h) requiring the payment of a tuition fee by students attending a teachers’ college, fixing the amount and manner of payment thereof and prescribing the conditions under which a student is entitled to a refund of the fee or part thereof. R.S.O. 1990, c. E.2, s. 11 (9); 1996, c. 12, s. 64 (6).

General or specific

(10)  A regulation under this section may be general or specific. 2001, c. 24, s. 2 (3).

(11)  Repealed: 1997, c. 3, s. 3.

(12)  Repealed: 1997, c. 3, s. 3.

(13)  Repealed: 1997, c. 31, s. 7 (6).

(14)  Repealed: 1997, c. 31, s. 7 (7).

(15)  Repealed: 1997, c. 31, s. 7 (8).

(15.1)  Repealed: 1997, c. 31, s. 7 (9).

(16)  Repealed: 1997, c. 31, s. 7 (10).

(17)  Repealed: 1993, c. 41, s. 1 (1).

(18)  Repealed: 1997, c. 31, s. 7 (10).

Regulations re provincial interest

11.1  (1)  The Lieutenant Governor in Council may make regulations prescribing, respecting and governing the duties of boards, so as to further and promote the provincial interest in education. 2006, c. 10, s. 4.

Consultation

(2)  Before the Lieutenant Governor in Council makes a regulation under subsection (1), the Minister shall consult with,

(a) the Ontario Public School Boards’ Association;

(b) the Ontario Catholic School Trustees’ Association;

(c) l’Association des conseillères et des conseillers des écoles publiques de l’Ontario;

(d) l’Association franco-ontarienne des conseils scolaires catholiques; and

(e) any other persons and entities that, in the Minister’s opinion, have an interest in the proposed regulation. 2006, c. 10, s. 4.

Notice

(3)  The Minister shall give the persons and entities listed in subsection (2) and members of the public notice of the proposed regulation, in the manner he or she considers appropriate, at least 60 days before the regulation is filed with the Registrar of Regulations. 2006, c. 10, s. 4.

Same

(4)  The notice need not contain a draft of the proposed regulation, but shall summarize its content and intended effect. 2006, c. 10, s. 4.

Exception

(5)  Subsections (2), (3) and (4) do not apply if the regulation, in the Minister’s opinion,

(a) is needed to deal with an urgent situation;

(b) is needed only to clarify the intent or operation of this Act or the regulations; or

(c) is of a minor or technical nature. 2006, c. 10, s. 4.

Same

(6)  A regulation made under subsection (1) may require a board to,

(a) adopt and implement measures specified in the regulation to ensure that the board’s funds and other resources are applied,

(i) effectively, and

(ii) in compliance with this Act, the regulations and the policies and guidelines made under this Act;

(b) adopt and implement measures specified in the regulation to ensure that the board achieves student outcomes specified in the regulation;

(c) adopt and implement measures specified in the regulation to encourage involvement by parents of pupils of the board in education matters specified in the regulation;

(d) adopt and implement measures specified in the regulation with respect to the provision of special education services by the board;

(e) adopt and implement measures specified in the regulation to promote the health of the board’s pupils;

(f) adopt and implement measures specified in the regulation to promote the safety of the board’s pupils and staff;

(g) publish reports respecting the board’s compliance with regulations made under this section, in accordance with such rules about form, frequency and content as may be specified in the regulation. 2006, c. 10, s. 4.

Same

(7)  Without limiting the generality of clause (6) (b), a regulation may,

(a) specify outcomes for elementary school pupils relating to improved literacy and numeracy; and

(b) specify outcomes for secondary school pupils relating to improved graduation rates. 2006, c. 10, s. 4.

General or particular

(8)  A regulation made under subsection (1) may be general or particular. 2006, c. 10, s. 4.

Agreements with Canada

Physical fitness

12.  (1)  The Crown in right of Ontario, represented by the Minister, with the approval of the Lieutenant Governor in Council, may make agreements with the Crown in right of Canada, represented by the Minister of National Health and Welfare of Canada respecting physical fitness, and the Minister may authorize a board to provide training in physical fitness. R.S.O. 1990, c. E.2, s. 12 (1).

Pupils at Indian schools

(2)  The Crown in right of Ontario, represented by the Minister, may make agreements with the Crown in right of Canada, represented by the Minister charged with the administration of the Indian Act (Canada), for the admission of pupils, other than Indians, to schools for Indians operated under that Act. R.S.O. 1990, c. E.2, s. 12 (2).

Non-Indian pupils at Indian schools

(3)  The Crown in right of Ontario, represented by the Minister, may enter into an agreement with a band, the council of the band or an education authority where such band, council of the band or education authority is authorized by the Crown in right of Canada to provide education for Indians, for the admission of pupils who are not Indians to a school operated by the band, council of the band or education authority. R.S.O. 1990, c. E.2, s. 12 (3).

Bursaries and scholarships

(4)  The Crown in right of Ontario, represented by the Minister, may make agreements with the Crown in right of Canada, represented by the Minister of Manpower and Immigration, respecting the establishment, awarding and payment of bursaries and scholarships to students eligible therefor under the regulations. R.S.O. 1990, c. E.2, s. 12 (4).

Learning materials

(5)  The Crown in right of Ontario, represented by the Minister, may enter into an agreement with the Crown in right of Canada in respect of the development and production of learning materials and the sharing of the costs thereof. R.S.O. 1990, c. E.2, s. 12 (5).

Schools for deaf, blind; demonstration schools

Continuation of school for deaf

13.  (1)  The Ontario School for the Deaf for the education and instruction of the deaf and partially deaf is continued under the name Ontario School for the Deaf in English and École provinciale pour sourds in French. R.S.O. 1990, c. E.2, s. 13 (1).

Continuation of school for blind

(2)  The Ontario School for the Blind for the education and instruction of the blind and partially blind is continued under the name Ontario School for the Blind in English and École provinciale pour aveugles in French. R.S.O. 1990, c. E.2, s. 13 (2).

Administration

(3)  Both schools are under the administration of the Minister. R.S.O. 1990, c. E.2, s. 13 (3).

Additional schools

(4)  Subject to the approval of the Lieutenant Governor in Council, the Minister may establish, maintain and operate one or more additional schools for the deaf or schools for the blind. R.S.O. 1990, c. E.2, s. 13 (4).

Idem

(4.1)  A demonstration school may provide, in a residential or non-residential setting, special education programs and special education services for exceptional pupils with learning disabilities or with hearing or visual impairments. 1991, c. 10, s. 3.

Demonstration schools

(5)  Subject to the approval of the Lieutenant Governor in Council, the Minister may,

(a) establish, maintain and operate one or more demonstration schools; or

(b) enter into an agreement with a university to provide for the establishment, maintenance and operation by the university, under such terms and conditions as the Minister and the university may agree upon, of a demonstration school,

for exceptional pupils whose learning disabilities are such that a residential setting is required. R.S.O. 1990, c. E.2, s. 13 (5).

Idem

(6)  A demonstration school referred to in subsection (5) that was established by the Minister before the 12th day of December, 1980 is deemed not to be a school operated by the Ministry of Education for the purposes of the Provincial Schools Negotiations Act, and the Provincial Schools Authority is not responsible for any matter relating to the employment of teachers at a demonstration school. R.S.O. 1990, c. E.2, s. 13 (6); 2002, c. 18, Sched. G, s. 4.

Regulations

(7)  Subject to the approval of the Lieutenant Governor in Council, the Minister may, in addition to his or her powers under section 11, make regulations with respect to schools continued or established under this section,

(a) prescribing the terms and conditions upon which pupils may,

(i) be admitted to, and remain in, a school,

(ii) reside in homes approved by a superintendent, and

(iii) be discharged from a school;

(b) authorizing the Minister to appoint a committee to determine any question concerning the eligibility for admission of an applicant;

(c) prescribing the fees, if any, that shall be paid in respect of pupils or any class or classes thereof;

(d) authorizing the payment of part or all of the transportation costs of pupils whose parents or guardians reside in Ontario, and fixing the maximum amount that may be paid;

(e) authorizing a superintendent to establish rules in respect of pupils admitted to the school;

(f) authorizing a superintendent to specify the type and minimum amount of clothing that a parent or guardian shall provide for a pupil;

(g) requiring a parent or guardian to deposit a sum of money with the business administrator of a school for the purpose of defraying the personal incidental expenses of a pupil, and fixing the amount of the deposit;

(h) authorizing a superintendent to dismiss a pupil and prescribing procedures in respect thereof;

(i) authorizing the Minister to provide training for, and certification of, teachers of the deaf and of the blind;

(j) designating the name of each school continued or established under this section. R.S.O. 1990, c. E.2, s. 13 (7).

Teacher education

14.  (1)  Subject to the approval of the Lieutenant Governor in Council, the Minister may,

(a) establish, maintain and conduct a college for the professional education of teachers;

(b) enter into an agreement with a university, a college of a university or a college to provide for the professional education of teachers by the university or college, under such terms and conditions as the Minister and the university or college may agree upon. R.S.O. 1990, c. E.2, s. 14 (1).

Practice teaching

(2)  Where the Minister conducts a teacher education program, a board shall permit its schools to be used for observation and practice teaching purposes and shall provide for the services of any of its teachers in accordance with a schedule of payments to boards that provide accommodation for practice teaching purposes and to their principals and teachers who participate therein, and such schedule shall be approved by the Lieutenant Governor in Council. R.S.O. 1990, c. E.2, s. 14 (2); 1997, c. 31, s. 8 (1).

Idem

(3)  Where a teacher education program is conducted pursuant to an agreement under clause (1) (b), a board shall permit its schools to be used for observation and practice teaching purposes and shall provide for the services of any of its teachers under such terms and conditions as may be agreed upon between the board and the institution conducting the program and failing agreement in accordance with the schedule of payments to boards, principals and teachers referred to in subsection (2). R.S.O. 1990, c. E.2, s. 14 (3); 1997, c. 31, s. 8 (2).

Same

(3.1)  Where the Ontario College of Teachers has accredited a teacher education program, the Minister may require that a board shall permit its schools to be used for observation and practice teaching purposes and shall provide for the services of any of its teachers under such terms and conditions as may be agreed on between the board and the institution conducting the program and failing agreement in accordance with the schedule of payments to boards, principals and teachers referred to in subsection (2). 1996, c. 12, s. 64 (7); 1997, c. 31, s. 8 (3).

Idem

(4)  The cost of providing the professional education of teachers by a university, a college of a university or a college under an agreement referred to in clause (1) (b) shall be payable out of money appropriated therefor by the Legislature. R.S.O. 1990, c. E.2, s. 14 (4).

Leadership training camps

15.  The Minister may establish, maintain and conduct camps for leadership training. R.S.O. 1990, c. E.2, s. 15.

Intention to operate private school

16.  (1)  No private school shall be operated in Ontario unless notice of intention to operate the private school has been submitted in accordance with this section. R.S.O. 1990, c. E.2, s. 16 (1).

Idem

(2)  Every private school shall submit annually to the Ministry on or before the 1st day of September a notice of intention to operate a private school. R.S.O. 1990, c. E.2, s. 16 (2).

Idem

(3)  A notice of intention to operate a private school shall be in such form and shall include such particulars as the Minister may require. R.S.O. 1990, c. E.2, s. 16 (3).

Offence to operate private school without filing notice of intent to operate

(4)  Every person concerned in the management of a private school that is operated in contravention of subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $50 for every day such school is so operated. R.S.O. 1990, c. E.2, s. 16 (4).

Return

(5)  The principal, headmaster, headmistress or person in charge of a private school shall make a return to the Ministry furnishing such statistical information regarding enrolment, staff, courses of study and other information as and when required by the Minister, and any such person who fails to make such return within sixty days of the request of the Minister is guilty of an offence and on conviction is liable to a fine of not more than $200. R.S.O. 1990, c. E.2, s. 16 (5).

Inspection of school

(6)  The Minister may direct one or more supervisory officers to inspect a private school, in which case each such supervisory officer may enter the school at all reasonable hours and conduct an inspection of the school and any records or documents relating thereto, and every person who prevents or obstructs or attempts to prevent or obstruct any such entry or inspection is guilty of an offence and on conviction is liable to a fine of not more than $500. R.S.O. 1990, c. E.2, s. 16 (6).

Inspection on request

(7)  The Minister may, on the request of any person operating a private school, provide for inspection of the school in respect of the standard of instruction in the subjects leading to the Ontario secondary school diploma, the secondary school graduation diploma and to the secondary school honour graduation diploma, and may determine and charge a fee for such inspection. R.S.O. 1990, c. E.2, s. 16 (7).

Inspection of teachers

(8)  The Minister may, on the request of a person operating a private school or of a person in charge of a conservation authority school or field centre, provide for the inspection of a teacher in such school or centre who requires the recommendation of a supervisory officer for certification purposes. R.S.O. 1990, c. E.2, s. 16 (8).

Agreements re tests

(8.1)  The Minister may enter into agreements with a person operating,

(a) a private school;

(b) a school provided by a band, the council of a band or an education authority where the band, the council of the band or the education authority is authorized by the Crown in right of Canada to provide education for Indians; or

(c) a school provided by the Crown in right of Canada,

about administering tests to pupils enrolled in the school, marking the tests and reporting the results of the tests. 1996, c. 11, s. 29 (2).

Same

(8.2)  Without limiting the generality of subsection (8.1), an agreement may provide for the charging of fees by the Minister to a person operating a school described in subsection (8.1). 1996, c. 11, s. 29 (2).

Offence for false statement

(9)  Every person who knowingly makes a false statement in a notice of intention to operate a private school or an information return under this section is guilty of an offence and on conviction is liable to a fine of not more than $500. R.S.O. 1990, c. E.2, s. 16 (9).

Variation of scholarships and awards

17.  (1)  Where the educational object of a gift or bequest accepted by the Minister of Finance under section 6 of the Financial Administration Act is the establishment of a scholarship or an award that is available to one or more students in an elementary or a secondary school or a teacher training institution and,

(a) the selection of the recipient of the scholarship or award is based upon an examination which is no longer given;

(b) the school or teachers’ college at which attendance is required for eligibility is no longer operated;

(c) reference to a county or a board in the terms and conditions of the gift or bequest is no longer appropriate because the county or board no longer exists; or

(d) the course or program of instruction specified in the terms and conditions is no longer available, or is no longer available at the school or teachers’ college,

the Lieutenant Governor in Council on the recommendation of the Minister of Education and Training may, from time to time, vary the terms and conditions of the gift or bequest in respect of the qualifications for eligibility for the scholarship or award so as to ensure that such scholarship or award will be granted or given under such terms and conditions as in the opinion of the Minister most nearly approximate those of the original gift or bequest, and the Minister may delegate his or her powers under the original terms and conditions of such gift or bequest to a representative of the board, or the educational institution, granting the scholarship or making the award, pursuant to any variation in the terms and conditions of the gift or bequest made under this section. R.S.O. 1990, c. E.2, s. 17 (1); 1997, c. 31, s. 9 (1, 2); 2000, c. 5, s. 11 (1).

Where award is repayable loan

(2)  In the case of an award in the form of a repayable loan for which no person has made application for seven consecutive years, the Lieutenant Governor in Council, on the recommendation of the Minister of Education and Training and with the written consent of the person making the gift or the trustee of the person making the bequest, may capitalize the fund and any interest accrued thereon held by the Minister of Finance, and may change the educational object of the gift or bequest to another object of an educational nature, in which case the provisions of subsection (1) shall apply with necessary modifications. R.S.O. 1990, c. E.2, s. 17 (2); 1997, c. 31, s. 9 (3).

Ontario Parent Council

17.1  (1)  The council known in English as the Ontario Parent Council and in French as Conseil ontarien des parents is continued and shall be composed of not more than 20 members appointed by the Minister. 1993, c. 41, s. 2; 2000, c. 26, Sched. C, s. 1.

Eligibility for appointment

(2)  A person is eligible for appointment to the Council if the person,

(a) is a parent or guardian of a child enrolled in an elementary or secondary school in Ontario; and

(b) meets the eligibility criteria established under subsection (3). 1993, c. 41, s. 2.

Eligibility criteria established by Minister

(3)  The Minister may establish such eligibility criteria for appointment to the Council as the Minister considers advisable. 1993, c. 41, s. 2.

Legislation Act, 2006, Part III

(4)  Part III (Regulations) of the Legislation Act, 2006 does not apply to criteria established under subsection (3). 1993, c. 41, s. 2; 2006, c. 21, Sched. F, s. 136 (1).

Term of office

(5)  Members of the Council shall be appointed for a term of two years and may be reappointed for further terms, except that no person shall be appointed for three or more consecutive terms. 1993, c. 41, s. 2.

Same

(6)  Despite subsection (5), members appointed to the Council before the coming into force of this section are appointed for the term specified in the appointment. 1993, c. 41, s. 2.

Chair

(7)  The Minister shall designate a chair from among the members of the Council. 1993, c. 41, s. 2.

Remuneration and expenses

(8)  The members of the Council shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Council. 1993, c. 41, s. 2.

Staff and accommodation

(9)  The Ministry shall provide the Council with such staff and accommodation as the Minister considers necessary for the purposes of the Council. 1993, c. 41, s. 2.

Mandate

(10)  The Council shall advise the Minister on,

(a) issues related to elementary and secondary school education; and

(b) methods of increasing parental involvement in elementary and secondary school education. 1993, c. 41, s. 2.

Annual report

(11)  The Council shall report on its activities annually to the Minister. 1993, c. 41, s. 2.

Additional reports

(12)  In addition to its annual report, the Council may report to the Minister at any time and shall comply with any requests made by the Minister for additional reports. 1993, c. 41, s. 2.

PART II
SCHOOL ATTENDANCE

Definition of “guardian”: ss. 21, 24, 26, 28, 30

18.  In sections 21, 24, 26, 28 and 30,

“guardian”, in addition to having the meaning ascribed in section 1, includes anyone who has received into his or her home a person, other than his or her own child, of compulsory school age and that person resides with him or her or is in his or her care. 2006, c. 28, s. 4.

Closing of school or class by board

19.  (1)  A board may close or authorize the closing of a school or class for a temporary period where such closing appears unavoidable because of,

(a) failure of transportation arrangements; or

(b) inclement weather, fire, flood, the breakdown of the school heating plant, the failure of an essential utility or a similar emergency. R.S.O. 1990, c. E.2, s. 19.

Same

(2)  In case of strike by members of a teachers’ bargaining unit or a lockout of those members, the board may close one or more schools if it is of the opinion that,

(a) the safety of pupils may be endangered during the strike or lockout;

(b) the school building or the equipment or supplies in the building may not be adequately protected during the strike or lockout; or

(c) the strike or lockout will substantially interfere with the operation of the school. 1997, c. 31, s. 10.

Teachers’ salary

(3)  A teacher is not entitled to be paid his or her salary for the days on which the school in which he or she is employed is closed under subsection (2). 1997, c. 31, s. 10.

Definition

(4)  In this section,

“strike” and “lock-out” have the same meaning as in the Labour Relations Act, 1995. 1997, c. 31, s. 10.

Closing of schools on civic holiday

20.  Where the head of the council of a municipality in which a school is situate proclaims a school day as a civic holiday for the municipality, the board may, by resolution, close any of the schools under its jurisdiction on such day. R.S.O. 1990, c. E.2, s. 20.

Compulsory attendance

21.  (1)  Unless excused under this section,

(a) every person who attains the age of six years on or before the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in that year until the person attains the age of 18 years; and

(b) every person who attains the age of six years after the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in the next succeeding year until the last school day in June in the year in which the person attains the age of 18 years. 2006, c. 28, s. 5 (1).

Participation in equivalent learning

(1.1)  A person shall be considered to be attending school when he or she is participating in equivalent learning if the equivalent learning program, course of study or other activity and the group, organization or entity providing it have been approved under paragraph 3.0.1 of subsection 8 (1). 2006, c. 28, s. 5 (1).

When attendance excused

(2)  A person is excused from attendance at school if,

(a) the person is receiving satisfactory instruction at home or elsewhere;

(b) the person is unable to attend school by reason of sickness or other unavoidable cause;

(c) transportation is not provided by a board for the person and there is no school that he or she has a right to attend situated,

(i) within 1.6 kilometres from the person’s residence measured by the nearest road if he or she has not attained the age of seven years on or before the first school day in September in the year in question, or

(ii) within 3.2 kilometres from the person’s residence measured by the nearest road if he or she has attained the age of seven years but not the age of 10 years on or before the first school day in September in the year in question, or

(iii) within 4.8 kilometres from the person’s residence measured by the nearest road if he or she has attained the age of 10 years on or before the first school day in September in the year in question;

(d) the person has obtained a secondary school graduation diploma or has completed a course that gives equivalent standing;

(e) the person is absent from school for the purpose of receiving instruction in music and the period of absence does not exceed one-half day in any week;

(f) the person is suspended, expelled or excluded from attendance at school under any Act or under the regulations;

(g) the person is absent on a day regarded as a holy day by the church or religious denomination to which he or she belongs; or

(h) the person is absent or excused as authorized under this Act and the regulations. 2006, c. 28, s. 5 (1).

Blind, deaf or developmental disability

(3)  The fact that a person is blind, deaf or has a developmental disability is not of itself an unavoidable cause under clause (2) (b). 2006, c. 28, s. 5 (1).

Person under compulsory age

(4)  Where a person under compulsory school age has been enrolled as a pupil in an elementary school, this section applies during the period for which the person is enrolled as if he or she were of compulsory school age. 2006, c. 28, s. 5 (1).

Duty of parent, etc.

(5)  The parent or guardian of a person who is required to attend school under this section shall cause the person to attend school as required by this section unless the person is at least 16 years old and has withdrawn from parental control. 2006, c. 28, s. 5 (1).

Separate school supporters

(6)  Nothing in this section requires the child of a Roman Catholic separate school supporter to attend a public school or a Protestant separate school, or requires the child of a public school supporter to attend a Roman Catholic separate school. R.S.O. 1990, c. E.2, s. 21 (6).

Persons 16 and over – religious rights

(7)  Nothing in this section requires a person who is at least 16 years old and has withdrawn from parental control to attend,

(a) a Roman Catholic separate school, if he or she is qualified under section 36 to be a resident pupil in respect of a secondary school district of a public board; and

(b) a public school, if he or she is qualified under section 36 to be a resident pupil in respect of a separate school zone of a separate district school board. 2006, c. 28, s. 5 (2).

Transition, person who has already left school

21.1  (1)  In this section,

“changeover date” means the day subsection 5 (1) of the Education Amendment Act (Learning to Age 18), 2006 comes into force. 2006, c. 28, s. 6.

Same

(2)  Subsection 21 (1), as it reads on the day before the changeover date, continues to apply on the changeover date with respect to a person who, before that day, turns 16 and,

(a) stops attending school; or

(b) if that day falls outside the school year, does not attend school at the commencement of the subsequent school year. 2006, c. 28, s. 6.

Same

(3)  Despite subsection (2), if at any time after the changeover date a person described in subsection (2) begins attending school again, subsection 21 (1), as it reads on the changeover date, subsequently applies with respect to that person. 2006, c. 28, s. 6.

Same

(4)  For greater certainty, subsection 21 (1), as it reads on the changeover date, applies on and after that day with respect to a person who, before that day, turns 16 and,

(a) does not stop attending school; or

(b) if that day does not fall within a school year, attends school at the commencement of the subsequent school year. 2006, c. 28, s. 6.

Where school year varied

22.  Where a school year approved by the Minister does not commence on the day following Labour Day, references to the first school day in September and the last school day in June in section 21 shall be read as the first school day in the school year and the last school day in the school year respectively for the purpose of compulsory attendance of pupils of the school or schools or parts thereof to which the school year applies. R.S.O. 1990, c. E.2, s. 22.

23.  Repealed: 2000, c. 12, s. 1.

Provincial School Attendance Counsellor

24.  (1)  The Lieutenant Governor in Council may appoint an officer, to be the Provincial School Attendance Counsellor, who shall, under the direction of the Minister, superintend and direct the enforcement of compulsory school attendance. R.S.O. 1990, c. E.2, s. 24 (1).

Inquiry by Provincial Counsellor

(2)  Where the parent or guardian of a child considers that the child is excused from attendance at school under subsection 21 (2), and the appropriate school attendance counsellor or the Provincial School Attendance Counsellor is of the opinion that the child should not be excused from attendance, the Provincial School Attendance Counsellor shall direct that an inquiry be made as to the validity of the reason or excuse for non-attendance and the other relevant circumstances, and for such purpose shall appoint one or more persons who are not employees of the board that operates the school that the child has the right to attend to conduct a hearing and to report to the Provincial School Attendance Counsellor the result of the inquiry and may, by order in writing signed by him or her, direct that the child,

(a) be excused from attendance at school; or

(b) attend school,

and a copy of the order shall be delivered to the board and to the parent or guardian of the child. R.S.O. 1990, c. E.2, s. 24 (2).

Powers of Provincial Counsellor

(3)  The Provincial School Attendance Counsellor has all the powers of a school attendance counsellor and may exercise such powers anywhere in Ontario. R.S.O. 1990, c. E.2, s. 24 (3).

School attendance counsellors

25.  (1)  Every board shall appoint one or more school attendance counsellors. R.S.O. 1990, c. E.2, s. 25 (1).

Idem

(2)  Two or more boards may appoint the same school attendance counsellor or counsellors. R.S.O. 1990, c. E.2, s. 25 (2).

Vacancies

(3)  Where the office of a school attendance counsellor becomes vacant, it shall be filled forthwith by the board. R.S.O. 1990, c. E.2, s. 25 (3).

Notice of appointment

(4)  Notice of the appointment of a school attendance counsellor shall be given in writing by the board to the Provincial School Attendance Counsellor and to the supervisory officers concerned. R.S.O. 1990, c. E.2, s. 25 (4).

Jurisdiction and responsibility of school attendance counsellor

(5)  A school attendance counsellor appointed by a board has jurisdiction and is responsible for the enforcement of compulsory school attendance in respect of every child who is required to attend school and who,

(a) is qualified to be a resident pupil of the board; or

(b) is or has been enrolled during the current school year in a school operated by the board, except a child who is under the jurisdiction of a person appointed under section 119 of the Indian Act (Canada). R.S.O. 1990, c. E.2, s. 25 (5).

Powers and duties of counsellors

26.  (1)  Where a school attendance counsellor has reasonable and probable grounds for believing that a child is illegally absent from school, he or she may, at the written request of the parent or guardian of the child or of the principal of the school that the child is required to attend, take the child to the child’s parent or guardian or to the school from which the child is absent provided that, if exception is taken to the school attendance counsellor entering a dwelling place, he or she shall not enter therein. R.S.O. 1990, c. E.2, s. 26 (1).

Reports

(2)  A school attendance counsellor shall report to the board that appointed him or her as required by the board. R.S.O. 1990, c. E.2, s. 26 (2).

To act under appropriate supervisory officer and provincial counsellor

(3)  A school attendance counsellor is responsible to the appropriate supervisory officer, and shall carry out the instructions and directions of the Provincial School Attendance Counsellor. R.S.O. 1990, c. E.2, s. 26 (3).

Inquiry by counsellor and notice

(4)  A school attendance counsellor shall inquire into every case of failure to attend school within his or her knowledge or when requested so to do by the appropriate supervisory officer or the principal of a school or a ratepayer, and shall give written warning of the consequences of such failure to the parent or guardian of a child who is not attending school as required, and shall also give written notice to the parent or guardian to cause the child to attend school forthwith, and shall advise the parent or guardian in writing of the provisions of subsection 24 (2). R.S.O. 1990, c. E.2, s. 26 (4).

Census

27.  A board may make or obtain a complete census of all persons in the area in which the board has jurisdiction who have not attained the age of twenty-one years. R.S.O. 1990, c. E.2, s. 27.

Reports and information

28.  (1)  The principal of every elementary and secondary school shall,

(a) report to the appropriate school attendance counsellor and supervisory officer the names, ages and residences of all pupils of compulsory school age who have not attended school as required;

(b) furnish the school attendance counsellor with such other information as the counsellor requires for the enforcement of compulsory school attendance; and

(c) report in writing to the school attendance counsellor every case of expulsion and readmission of a pupil. R.S.O. 1990, c. E.2, s. 28 (1).

Where no school attendance counsellor

(2)  Where a child of compulsory school age has not attended school as required and there is no school attendance counsellor having jurisdiction in respect of the child, the appropriate supervisory officer shall notify the parent or guardian of the child of the requirements of section 21. R.S.O. 1990, c. E.2, s. 28 (2).

Provincial counsellor as trustee

29.  Where it appears to the Minister that the board of a district school area is not providing accommodation or instruction for its resident pupils either in schools operated by the board or under an agreement with another board in schools operated by such other board, or has in other respects failed to comply with this Act and the regulations, or that the election of members of the board has been neglected and no regular board is in existence, the Minister may authorize and direct the Provincial School Attendance Counsellor to do all things and exercise all powers that may be necessary for the provision and maintenance of accommodation and instruction for the resident pupils of the board including the erection of school buildings and the conduct of schools, and generally whatever may be required for the purpose of establishing, maintaining and conducting schools in accordance with this Act and the regulations, and thereupon the Provincial School Attendance Counsellor has, for such period as authorized by the Minister, all the authority and powers vested in, and may, during such period, perform the duties of, the board. R.S.O. 1990, c. E.2, s. 29; 1997, c. 31, s. 11.

Offences: non-attendance

Liability of parent or guardian

30.  (1)  A parent or guardian of a person required to attend school under section 21 who neglects or refuses to cause that person to attend school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to a fine of not more than $200. 2006, c. 28, s. 7 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 28, subsection 7 (2) and the following substituted:

Offences: non-attendance

Liability of parent or guardian

(1)  A parent or guardian of a person required to attend school under section 21 who neglects or refuses to cause that person to attend school is, unless the person is at least 16 years old and has withdrawn from parental control, guilty of an offence and on conviction is liable to a fine of not more than $1,000. 2006, c. 28, s. 7 (2).

See: 2006, c. 28, ss. 7 (2), 14 (2).

Bond for attendance

(2)  The court may, in addition to or instead of imposing a fine, require a parent or guardian convicted of an offence under subsection (1) to submit to the Minister of Finance a personal bond, in a form prescribed by the court, in the penal sum of $200 with one or more sureties as required, conditioned that the parent or guardian shall cause the person to attend school as required under section 21 and, upon breach of the condition, the bond is forfeit to the Crown. 2006, c. 28, s. 7 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 28, subsection 7 (2) and the following substituted:

Bond for attendance

(2)  The court may, in addition to or instead of imposing a fine, require a parent or guardian convicted of an offence under subsection (1) to submit to the Minister of Finance a personal bond, in a form prescribed by the court, in the penal sum of $1,000 with one or more sureties as required, conditioned that the parent or guardian shall cause the person to attend school as required under section 21 and, upon breach of the condition, the bond is forfeit to the Crown. 2006, c. 28, s. 7 (2).

See: 2006, c. 28, ss. 7 (2), 14 (2).

Employment during school hours

(3)  Anyone who employs during school hours a person required to attend school under section 21 is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to a fine of not more than $200. 2006, c. 28, s. 7 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 28, subsection 7 (2) and the following substituted:

Employment during school hours

(3)  Subject to subsection (3.1), anyone who employs during school hours a person required to attend school under section 21 is guilty of an offence and on conviction is liable to a fine of not more than $1,000. 2006, c. 28, s. 7 (2).

Exception

(3.1)  Subsection (3) does not apply when the person required to attend school is employed during school hours as part of equivalent learning if the equivalent learning and the group, organization or entity providing it have been approved under paragraph 3.0.1 of subsection 8 (1). 2006, c. 28, s. 7 (2).

See: 2006, c. 28, ss. 7 (2), 14 (2).

Offences by corporations

(4)  Subsections (1) and (3) apply with necessary modifications to a corporation and, in addition, every director and officer of the corporation who authorizes, permits or acquiesces in the contravention is guilty of an offence and on conviction is liable to the same penalty as the corporation. R.S.O. 1990, c. E.2, s. 30 (4).

Habitually absent from school

(5)  A person who is required by law to attend school and who refuses to attend or who is habitually absent from school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to the penalties under Part VI of the Provincial Offences Act and subsection 266 (2) of this Act applies in any proceeding under this section. 2006, c. 28, s. 7 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2006, chapter 28, subsection 7 (4) and the following substituted:

Habitually absent from school

(5)  A person who is required to attend school under section 21 and who refuses to attend or is habitually absent is guilty of an offence and for that purpose the following apply:

1. Subsection 266 (2) of this Act applies in a proceeding under this subsection.

2. A proceeding under this subsection shall be conducted in accordance with Part VI of the Provincial Offences Act.

3. Every reference to “sixteen years” in the definition of “young person” in section 93 of the Provincial Offences Act shall be read as a reference to “18 years”.

4. A court may, on convicting a person of an offence under this subsection, impose any penalty under Part VI of the Provincial Offences Act. 2006, c. 28, s. 7 (4).

Additional penalty: driver’s licence suspension

(5.1)  In addition to any other penalty it imposes on convicting a person of an offence under subsection (5), a court may order that the person’s driver’s licence be suspended and for that purpose the following apply:

1. The order shall specify a date on which the suspension ends, which shall be no later than the date on which the person is no longer required to attend school under section 21.

2. Once the suspension ends, the person may apply for the reinstatement of his or her licence to the Registrar of Motor Vehicles appointed under the Highway Traffic Act. 2006, c. 28, s. 7 (4).

See: 2006, c. 28, ss. 7 (4), 14 (2).

Proceedings under subs. (5)

(6)  Proceedings in respect of offences under subsection (5) shall be proceeded with only in accordance with such subsection. R.S.O. 1990, c. E.2, s. 30 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 30 is amended by the Statutes of Ontario, 2006, chapter 28, subsection 7 (5) by adding the following subsection:

Same

(6.1)  No proceeding under subsection (5) shall be instituted against a person who has attained the age of 18 years. 2006, c. 28, s. 7 (5).

See: 2006, c. 28, ss. 7 (5), 14 (2).

Reference to provincial counsellor for inquiry

(7)  Where, in a proceeding under this section, it appears to the court that the person may have been excused from attendance at school under subsection 21 (2), the court may refer the matter to the Provincial School Attendance Counsellor who shall direct that an inquiry shall be made as provided in subsection 24 (2) which subsection shall apply with necessary modifications except that the Provincial School Attendance Counsellor shall, in lieu of making an order, submit a report to the court. R.S.O. 1990, c. E.2, s. 30 (7); 2006, c. 28, s. 7 (6).

Proceedings under s. 30: rules

31.  (1)  Prosecutions under section 30 shall be instituted by the school attendance counsellor concerned. R.S.O. 1990, c. E.2, s. 31 (1).

Certificate of principal as evidence

(2)  In prosecutions under section 30, a certificate as to the attendance or non-attendance at school of any child, signed or purporting to be signed by the principal of the school, is proof in the absence of evidence to the contrary of the facts stated therein without any proof of the signature or appointment of the principal. R.S.O. 1990, c. E.2, s. 31 (2); 1993, c. 27, Sched.

Proof of age

(3)  Where a person is charged under section 30 in respect of a child who is alleged to be of compulsory school age and the child appears to the court to be of compulsory school age, the child shall, for the purposes of such prosecution, be deemed to be of compulsory school age unless the contrary is proved. R.S.O. 1990, c. E.2, s. 31 (3).

Order re school attendance

(4)  An order made under subsection 24 (2) shall be admitted in evidence in a prosecution only where the prosecution is in respect of the school year for which the order was made. R.S.O. 1990, c. E.2, s. 31 (4).

Resident pupil right to attend school

32.  (1)  A person has the right, without payment of a fee, to attend a school in a school section, separate school zone or secondary school district, as the case may be, in which the person is qualified to be a resident pupil. 1997, c. 31, s. 13.

Admission without fee

(2)  Despite the other provisions of this Part, but subject to subsection 49 (6), where it appears to a board that a person who resides in the area of jurisdiction of the board is denied the right to attend school without the payment of a fee, the board, at its discretion, may admit the person from year to year without the payment of a fee. 1997, c. 31, s. 13.

Resident pupil qualification, elementary

Resident pupil qualification: elementary English-language public district school boards and elementary public school authorities

33.  (1)  Subject to sections 44 and 46, a person who attains the age of six years in any year is, after September 1 in that year, qualified to be a resident pupil in respect of a school section of an English-language public district school board or of a public school authority until the last school day in June in the year in which the person attains the age of 21 years if,

(a) the person resides in the school section; and

(b) the person’s parent or guardian who is not a separate school supporter or a French-language district school board supporter resides in the school section. 1997, c. 31, s. 14.

Resident pupil qualification: elementary French-language public district school boards

(2)  Subject to sections 44 and 46, a person who attains the age of six years in any year is, after September 1 in that year, qualified to be a resident pupil in respect of a school section of a French-language public district school board until the last school day in June in the year in which he or she attains the age of 21 years if,

(a) the person is a French-speaking person;

(b) the person resides in the school section; and

(c) the person’s parent or guardian resides in the school section and,

(i) is a supporter of the French-language public district school board, or

(ii) is not in respect of that residence a supporter of any board. 1997, c. 31, s. 14.

Resident pupil qualification: elementary English-language separate district school boards and elementary Roman Catholic school authorities

(3)  Subject to sections 44 and 46, a person who attains the age of six years in any year is, after September 1 in that year, qualified to be a resident pupil in respect of a separate school zone of an English-language separate district school board or of a Roman Catholic school authority for elementary school purposes until the last school day in June in the year in which he or she attains the age of 21 years if,

(a) the person resides in the separate school zone; and

(b) the person’s parent or guardian who is a separate school supporter and who is not a French-language separate district school board supporter resides in the separate school zone. 1997, c. 31, s. 14.

Resident pupil qualification: elementary French-language separate district school boards

(4)  Subject to sections 44 and 46, a person who attains the age of six years in any year is, after September 1 in that year, qualified to be a resident pupil in respect of a separate school zone of a French-language separate district school board for elementary school purposes until the last school day in June in the year in which he or she attains the age of 21 years if,

(a) the person is a French-speaking person;

(b) the person resides in the separate school zone; and

(c) the person’s parent or guardian who is a French-language separate district school board supporter resides in the separate school zone. 1997, c. 31, s. 14.

Evidence as to right to attend

(5)  It is the responsibility of the parent or guardian to submit evidence that the child has a right to attend an elementary school, including proof of age. 1997, c. 31, s. 14.

Resident pupil, elementary

(6)  A person who is qualified to be a resident pupil in respect of a school section or a separate school zone is a resident pupil if the person enrols in an elementary school operated by the board of the school section or separate school zone, as the case may be, or in a school operated by another board,

(a) to which the board of the school section or separate school zone pays fees on the person’s behalf; or

(b) with which the board of the school section or separate school zone has an agreement relating to the provision of education to the person. 1997, c. 31, s. 14.

Kindergarten

34.  (1)  If a board operates a kindergarten in a school, a child who is otherwise qualified may become a resident pupil at an age one year lower than that referred to in section 33. 1997, c. 31, s. 15.

Junior kindergarten

(2)  If a board operates a junior kindergarten in a school, a child who is otherwise qualified may become a resident pupil at an age two years lower than that referred to in section 33. 1997, c. 31, s. 15.

Beginners class

(3)  A board may provide a class or classes for children to enter school for the first time on or after the first school day in January and, where the board so provides, a child whose birthday is on or after January 1 and before July 1, who resides in an area determined by the board and who is eligible to be admitted to an elementary school or kindergarten, as the case may be, on the first school day in the following September, may become a resident pupil in respect of such class. 1997, c. 31, s. 15.

Resident pupil’s right to attend more accessible elementary school

35.  (1)  Where a resident pupil who is an elementary school pupil of a school section or separate school zone resides,

(a) more than 3.2 kilometres by the shortest distance by road from the school that the pupil is required to attend;

(b) more than 0.8 kilometres by the shortest distance by road from any point from which transportation is provided to the school that the pupil is required to attend; and

(c) nearer by the shortest distance by road to another school of the same type that is in another section or zone than to the school that the pupil is required to attend,

the pupil shall be admitted to the nearer school of the same type, where the appropriate supervisory officer for the nearer school certifies that there is sufficient accommodation for the pupil in that school. 1997, c. 31, s. 16.

Same

(2)  Where the pupil is admitted to a nearer school, the board of the school section or separate school zone of which the pupil is a resident pupil shall pay in respect of the pupil the fee, if any, payable for the purpose under the regulations. 1997, c. 31, s. 16.

Same

(3)  For the purposes of this section, the following are types of schools:

1. English-language public schools, which are schools governed by an English-language public district school board or a public school authority.

2. French-language public schools, which are schools governed by a French-language public district school board.

3. English-language Roman Catholic schools, which are schools governed by an English-language separate district school board or a Roman Catholic school authority.

4. French-language Roman Catholic schools, which are schools governed by a French-language separate district school board. 1997, c. 31, s. 16.

Resident pupil qualification, secondary

Resident pupil qualification: secondary English-language public district school boards and secondary public school authorities

36.  (1)  A person is qualified to be a resident pupil in respect of a secondary school district of an English-language public district school board or of a public school authority if,

(a) the person and the person’s parent or guardian who is not a separate school supporter or a French-language district school board supporter reside in the secondary school district;

(a.1) subject to any regulations made under section 43.3, the person is 16 or 17 years of age, has withdrawn from parental control and resides in the secondary school district;

(b) the person is an English-language public board supporter and resides in the secondary school district and is an owner or tenant of residential property in the secondary school district that is separately assessed; or

(c) the person is not a supporter of any board, is at least 18 years of age and resides in the secondary school district. 1997, c. 31, s. 17; 2006, c. 28, s. 8 (1, 2).

Resident pupil qualification: secondary French-language public district school boards

(2)  A person is qualified to be a resident pupil in respect of a secondary school district of a French-language public district school board if,

(a) the person is a French-speaking person, the person and the person’s parent or guardian reside in the secondary school district and,

(i) the person’s parent or guardian is a supporter of the French-language public district school board, or

(ii) the person’s parent or guardian is not in respect of that residence a supporter of any board;

(a.1) subject to any regulations made under section 43.3, the person is 16 or 17 years of age, has withdrawn from parental control, is a French-speaking person and resides in the secondary school district;

(b) the person is a French-language public district school board supporter and resides in the secondary school district and is an owner or tenant of residential property in the secondary school district that is separately assessed; or

(c) the person is a French-speaking person, is not a supporter of any board, is at least 18 years of age and resides in the secondary school district. 1997, c. 31, s. 17; 2006, c. 28, s. 8 (3, 4).

Resident pupil qualification: secondary English-language separate district school boards

(3)  A person is qualified to be a resident pupil in respect of a separate school zone of an English-language separate district school board for secondary school purposes if,

(a) the person and the person’s parent or guardian who is a separate school supporter and is not a French-language district school board supporter reside in the separate school zone;

(a.1) subject to any regulations made under section 43.3, the person is 16 or 17 years of age, has withdrawn from parental control, is a Roman Catholic and resides in the separate school zone;

(b) the person is a separate school supporter and is not a French-language district school board supporter and resides in the separate school zone and is an owner or tenant of residential property in the zone that is separately assessed; or

(c) the person is a Roman Catholic, is not a supporter of any board, is at least 18 years of age and resides in the secondary school district. 1997, c. 31, s. 17; 2006, c. 28, s. 8 (5, 6).

Resident pupil qualification: secondary French-language separate district school boards

(4)  A person is qualified to be a resident pupil in respect of a separate school zone of a French-language separate district school board for secondary school purposes if,

(a) the person and the person’s parent or guardian who is a French-language separate district school board supporter reside in the separate school zone;

(a.1) subject to any regulations made under section 43.3, the person is 16 or 17 years of age, has withdrawn from parental control, is a French-speaking person and a Roman Catholic and resides in the separate school zone;

(b) the person is a French-language separate district school board supporter and resides in the separate school zone and is an owner or tenant of residential property in the zone that is separately assessed; or

(c) the person is a French-speaking person and a Roman Catholic, is not a supporter of any board, is at least 18 years of age and resides in the secondary school district. 1997, c. 31, s. 17; 2006, c. 28, s. 8 (7, 8).

Resident pupil, secondary

(5)  A person who is qualified to be a resident pupil in respect of a secondary school district or a separate school zone is a resident pupil if the person enrols in a secondary school operated by the board of the secondary school district or separate school zone, as the case may be, or in a secondary school operated by another board,

(a) to which the board of the secondary school district or separate school zone pays fees on the person’s behalf; or

(b) with which the board of the secondary school district or separate school zone has an agreement relating to the provision of education to the person. 1997, c. 31, s. 17.

Certain elementary-only school authorities

(6)  Subject to subsection (7), where a person is qualified to be a resident pupil of a school authority, other than a public school authority, that provides elementary education only, and the area of jurisdiction of the school authority is the same in whole or in part as the area of jurisdiction of a public district school board, the pupil shall be admitted to a secondary school operated by the public district school board or to a secondary school operated by another board,

(a) to which the first-mentioned district school board pays fees on the person’s behalf; or

(b) with which the first-mentioned district school board has an agreement relating to the provision of education to the person. 1997, c. 31, s. 17.

French-speaking persons

(7)  Only a French-speaking person may be admitted to a school of a French-language public district school board under subsection (6). 1997, c. 31, s. 17.

Evidence as to right to attend

(8)  It is the responsibility of the person or the person’s parent or guardian to submit evidence that the person has a right to attend a secondary school. 1997, c. 31, s. 17.

Admission of adult resident who is not a resident pupil

37.  (1)  Despite the provisions of this or any other Act, but subject to section 49.2, a person who resides in one secondary school district or separate school zone and who, except as to residence, is qualified to be a resident pupil at a secondary school in another secondary school district or in another separate school zone, as the case may be, shall be admitted, without the payment of a fee, to a secondary school of the same type that is in the other secondary school district or separate school zone operated by the board of the secondary school district or separate school zone, as the case may be, in which the person resides if,

(a) the person has attained the age of 18 years and has been promoted or transferred to a secondary school; and

(b) the appropriate supervisory officer certifies that there is adequate accommodation in the secondary school. 1997, c. 31, s. 18.

Types of schools

(2)  For the purposes of subsection (1), the following are types of schools:

1. English-language public schools, which are schools governed by an English-language public district school board or a public school authority.

2. French-language public schools, which are schools governed by a French-language public district school board.

3. English-language Roman Catholic schools, which are schools governed by an English-language separate district school board.

4. French-language Roman Catholic schools, which are schools governed by a French-language separate district school board. 1997, c. 31, s. 18.

Limitation on right to attend without payment of fee

38.  Despite section 32, where a pupil,

(a) has completed elementary school; and

(b) has attended one or more secondary schools for a total of seven or more years,

the board of the secondary school that the pupil attends may charge the fee, if any, payable for the purpose under the regulations. 1997, c. 31, s. 18.

Resident pupil’s right to attend secondary school in another district or zone

39.  (1)  Subject to subsections (2) to (4), a person who is qualified to be a resident pupil at a secondary school in a secondary school district or a separate school zone has the right to attend any secondary school of the same type,

(a) that is more accessible to the person than any secondary school in the secondary school district of which the person is qualified to be a resident pupil; or

(b) for a purpose specified in subsection 49.2 (6). 1997, c. 31, s. 18.

Types of schools

(2)  For the purposes of subsection (1), the types of schools are as set out in subsection 37 (2). 1997, c. 31, s. 18.

Restrictions

(3)  Subsection (1) applies where the appropriate supervisory officer certifies that there is adequate accommodation for the person in the school. 1997, c. 31, s. 18.

Where agreement between boards

(4)  Clause (1) (b) does not apply where the board of which the person is qualified to be a resident pupil has entered into an agreement with another board to provide the relevant subjects. 1997, c. 31, s. 18.

Admission to secondary school of resident pupil from other district or zone

40.  (1)  A person who is qualified to be a resident pupil at a secondary school in a secondary school district or separate school zone and who applies for admission to a secondary school of the same type situated in another secondary school district or separate school zone, as the case may be, shall furnish the principal of the school to which admission is sought with a statement signed by the person’s parent or guardian or by the pupil where the pupil is an adult, stating,

(a) the name of the secondary school district or separate school zone in respect of which the person is qualified to be a resident pupil;

(b) whether or not the pupil or the pupil’s parent or guardian is assessed in the secondary school district or separate school zone in which the school referred to in clause (a) is situated, and if so assessed the amount of the assessment; and

(c) the authority, under this Act, under which the pupil claims to have a right to attend the school to which admission is sought. 1997, c. 31, s. 19.

Same

(2)  For the purposes of subsection (1), the types of schools are as set out in subsection 37 (2). 1997, c. 31, s. 19.

Notice of admission

(3)  The principal of the school to which admission is sought shall forward the statement to the chief executive officer of the board that operates the school and, if the pupil is admitted, the chief executive officer of the board shall promptly notify the chief executive officer of the board of the secondary school district or separate school zone, as the case may be, of which the pupil is qualified to be a resident pupil of the fact of the admission and of the information included in the statement. 1997, c. 31, s. 19.

Same

(4)  Where the board that operates the school to which admission is sought has no chief executive officer, the notice required by subsection (3) shall be sent to the secretary of the board. 1997, c. 31, s. 19.

Admission to secondary school

41.  (1)  Where a pupil has been promoted from elementary school, the pupil shall be admitted to secondary school. 1997, c. 31, s. 20.

Same

(2)  A person who has not been promoted from elementary school shall be admitted to a secondary school if the principal of the secondary school is satisfied that the applicant is competent to undertake the work of the school. 1997, c. 31, s. 20.

Where admission denied

(3)  Where an applicant for admission to a secondary school under subsection (2) is denied admission by the principal, the applicant may appeal to the board and the board may, after a hearing, direct that the applicant be admitted or refused admission to a secondary school. 1997, c. 31, s. 20.

Committee to perform board functions

(4)  The board, by resolution, may direct that the powers and duties of the board under subsection (3) shall be exercised and performed by a committee of at least three members of the board named in the resolution or designated from time to time in accordance with the resolution. 1997, c. 31, s. 20.

Alternative course or program

(5)  Where the pupil has clearly demonstrated to the principal that the pupil is not competent to undertake a particular course or program of studies, the principal shall not permit the pupil to undertake the course or program, in which case the pupil may take a prerequisite course, or select with the approval of the principal an appropriate alternative course or program provided that, where the pupil is a minor, the consent of the pupil’s parent or guardian has been obtained. 1997, c. 31, s. 20.

Admission to continuing education class

(6)  A person is entitled to enrol in a continuing education course or class that is acceptable for credit towards a secondary school diploma if the principal is satisfied that the person is competent to undertake the work of the course or class. 1997, c. 31, s. 20.

Movement between types of boards: secondary school

Secondary school instruction: movement from English-language public board to English-language Roman Catholic board

42.  (1)  A person who is qualified to be a resident pupil of an English-language public board and to receive instruction in a secondary school grade is entitled to receive instruction provided in a secondary school operated by an English-language Roman Catholic board if the area of jurisdiction of the public board is in whole or in part the same as the area of jurisdiction of the Roman Catholic board. 1997, c. 31, s. 20.

Secondary school instruction: movement from French-language public district school board to French-language separate district school board

(2)  A person who is qualified to be a resident pupil of a French-language public district school board and to receive instruction in a secondary school grade is entitled to receive instruction provided in a secondary school operated by a French-language separate district school board if the area of jurisdiction of the public district school board is in whole or in part the same as the area of jurisdiction of the separate district school board. 1997, c. 31, s. 20.

Secondary school instruction: movement from English-language Roman Catholic board to English-language public board

(3)  A person who is qualified to be a resident pupil of an English-language Roman Catholic board and to receive instruction in a secondary school grade is entitled to receive instruction provided in a secondary school operated by an English-language public board if the area of jurisdiction of the Roman Catholic board is in whole or in part the same as the area of jurisdiction of the public board. 1997, c. 31, s. 20.

Secondary school instruction: movement from French-language separate district school board to French-language public district school board

(4)  A person who is qualified to be a resident pupil of a French-language separate district school board and to receive instruction in a secondary school grade is entitled to receive instruction provided in a secondary school operated by a French-language public district school board if the area of jurisdiction of the separate district school board is in whole or in part the same as the area of jurisdiction of the public district school board. 1997, c. 31, s. 20.

Secondary school instruction: movement from French-language separate district school board to English-language public board

(5)  A person who is qualified to be a resident pupil of a French-language separate district school board and to receive instruction in a secondary school grade is entitled to receive instruction provided in a secondary school operated by an English-language public board if the area of jurisdiction of the French-language board is in whole or in part the same as the area of jurisdiction of the English-language board. 1997, c. 31, s. 20.

Secondary school instruction: movement from English-language public board to French-language separate district school board

(6)  A French-speaking person who is qualified to be a resident pupil of an English-language public board and to receive instruction in a secondary school grade is entitled to receive instruction provided in a secondary school operated by a French-language separate district school board if the area of jurisdiction of the English-language board is in whole or in part the same as the area of jurisdiction of the French-language board. 1997, c. 31, s. 20.

Secondary school instruction: movement from French-language public district school board to English-language separate district school board

(7)  A French-speaking person who is qualified to be a resident pupil of a French-language public district school board and to receive instruction in a secondary school grade is entitled to receive instruction provided in a secondary school operated by an English-language separate district school board if the area of jurisdiction of the French-language board is in whole or in part the same as the area of jurisdiction of the English-language board. 1997, c. 31, s. 20.

Secondary school instruction: movement from English-language separate district school board to French-language public district school board

(8)  A French-speaking person who is qualified to be a resident pupil of an English-language separate district school board and to receive instruction in a secondary school grade is entitled to receive instruction provided in a secondary school operated by a French-language public district school board if the area of jurisdiction of the English-language board is in whole or in part the same as the area of jurisdiction of the French-language board. 1997, c. 31, s. 20.

Fee

(9)  The board of which the person is qualified to be a resident pupil shall pay the fee, if any, to which the other board is entitled for providing secondary school education under this section. 1997, c. 31, s. 20.

Amount

(10)  The fee to which a board is entitled under this section is the fee, if any, payable for the purpose under the regulations or such lesser amount as may be set by the board. 1997, c. 31, s. 20.

Exemption from religious studies

(11)  On written application, a Roman Catholic board shall exempt a person who is qualified to be a resident pupil in respect of a secondary school operated by a public board from programs and courses of study in religious education if,

(a) the person is enrolled in a program that is not otherwise available to the person in a secondary school operated by a public board within the area of jurisdiction of the Roman Catholic board; or

(b) it is impractical by reason of distance or terrain or by reason of physical handicap, mental handicap or multi-handicap for the person to attend a secondary school operated by a public board. 1997, c. 31, s. 20.

Same

(12)  A person who is qualified to be a resident pupil in respect of a secondary school operated by a public board who attends a secondary school operated by a Roman Catholic board for a reason other than the one mentioned in clause (11) (a) or (b) is considered to have enrolled in all of the school’s programs and courses of study in religious education. 1997, c. 31, s. 20.

Additional exemptions

(13)  In addition to the exemptions provided for in subsection (11), no person who is qualified to be a resident pupil in respect of a secondary school operated by a public board who attends a secondary school operated by a Roman Catholic board shall be required to take part in any program or course of study in religious education on written application to the Board of,

(a) the parent or guardian of the person;

(b) in the case of a person who is 16 or 17 years old who has withdrawn from parental control, the person himself or herself;

(c) in the case of a person who is 18 years old or older, the person himself or herself. 2006, c. 28, s. 9.

Movement between types of boards: overlapping areas

Movement from English-language public board to French-language public district school board

43.  (1)  A French-speaking person who is qualified to be a resident pupil of an English-language public board is entitled to receive instruction provided by a French-language public district school board if the area of jurisdiction of the English-language board is in whole or in part the same as the area of jurisdiction of the French-language board. 1997, c. 31, s. 21.

Movement from French-language public district school board to English-language public board

(2)  A person who is qualified to be a resident pupil of a French-language public district school board is entitled to receive instruction provided by an English-language public board if the area of jurisdiction of the French-language board is in whole or in part the same as the area of jurisdiction of the English-language board. 1997, c. 31, s. 21.

Movement from English-language Roman Catholic board to French-language separate district school board

(3)  A French-speaking person who is qualified to be a resident pupil of an English-language Roman Catholic board is entitled to receive instruction provided by a French-language separate district school board if the area of jurisdiction of the English-language board is in whole or in part the same as the area of jurisdiction of the French-language board. 1997, c. 31, s. 21.

Movement from French-language separate district school board to English-language Roman Catholic board

(4)  A person who is qualified to be a resident pupil of a French-language separate district school board is entitled to receive instruction provided by an English-language Roman Catholic board if the area of jurisdiction of the French-language board is in whole or in part the same as the area of jurisdiction of the English-language board. 1997, c. 31, s. 21.

Fee

(5)  The board of which the person is qualified to be a resident pupil shall pay the fee, if any, to which the other board is entitled for providing education under this section. 1997, c. 31, s. 21.

Amount

(6)  The fee to which a board is entitled under this section is the fee, if any, payable for the purpose under the regulations or such lesser amount as may be set by the board. 1997, c. 31, s. 21.

Regulations: supporter non-resident attendance rights

43.1  (1)  The Lieutenant Governor in Council may make regulations governing the rights of a person to attend a school operated by a board where the person does not reside in the area of jurisdiction of the board but the person or the person’s parent or guardian owns property assessed for school purposes in the board’s area of jurisdiction. 1997, c. 31, s. 21.

General or particular

(2)  A regulation made under subsection (1) may be general or particular. 1997, c. 31, s. 21.

Right to continue to attend in certain circumstances

(3)  A pupil who, on December 31, 1997, is enrolled in a school that he or she has a right to attend under clause 33 (1) (b), 33 (2) (b) or 40 (1) (b) of this Act, as it read on December 31, 1997 and who on January 1, 1998, because of the repeal of those clauses, no longer has the right to attend the school under any other provision of this Part, has the right to continue to attend the school so long as the pupil, or the pupil’s parent or guardian, continues to be the owner of the property or the owner or tenant of the business property in respect of which the pupil acquired the attendance right. 1997, c. 31, s. 21.

Exception

(4)  A right under subsection (1) is extinguished if,

(a) in connection with a transfer of a school under clause 58.1 (2) (p), a school that was a French-language instructional unit becomes a school of an English-language district school board;

(b) in connection with a transfer of a school under clause 58.1 (2) (p), a school that was not a French-language instructional unit becomes a school of a French-language district school board; or

(c) the school becomes another type of school within the meaning of subsection 37 (2). 1997, c. 31, s. 21.

Regulations: non-supporter resident – attendance rights based on business property

43.2  (1)  The Lieutenant Governor in Council may make regulations governing the rights of a person to attend a school operated by a board where,

(a) the person and the person’s parent or guardian reside in the area of jurisdiction of the board;

(b) the person and the person’s parent or guardian are not a supporter of any board the area of jurisdiction of which includes the residence of the person or of the person’s parent or guardian; and

(c) the person or the person’s parent or guardian is the owner or tenant of business property in the area of jurisdiction of the board. 1997, c. 31, s. 21.

General or particular

(2)  A regulation made under this section may be general or particular. 1997, c. 31, s. 21.

Regulations: attendance rights of 16 and 17 year olds

43.3  (1)  The Lieutenant Governor in Council may make regulations prescribing circumstances in which a person who would otherwise be qualified as a resident pupil under clauses 36 (1) (a.1), 36 (2) (a.1), 36 (3) (a.1) and 36 (4) (a.1) shall not be so qualified. 2006, c. 28, s. 10.

General or particular

(2)  A regulation under this section may be general or particular. 2006, c. 28, s. 10.

Admission where pupil moves into residence not assessed in accordance with his or her school support

44.  Where a child who would otherwise have the right to attend school in a school section, separate school zone or secondary school district moves with his or her parent or guardian to a residence the assessment of which does not support that right, and the latest date on which the assessment of the residence may be changed has passed, on the filing of a notice of change of support for the following year with the appropriate assessment commissioner, the child shall be admitted, without the payment of a fee, to a school that will be supported by the taxes on the assessment of the residence on the effective date of the change of school support. 1997, c. 31, s. 22.

Admission where one parent is sole support

45.  (1)  Subject to subsection (2), where, for any reason, one parent of a person is the sole support of the person, and that parent,

(a) resides in a residence in Ontario that is not assessed for the purposes of any board; and

(b) boards the person in a residence that is not a children’s residence as defined in Part IX (Licensing) of the Child and Family Services Act,

the person shall, if otherwise qualified to be a resident pupil, be deemed to be qualified to be a resident pupil in respect of,

(c) a school section, if the residence is situate in the school section and the taxes on its assessment are directed to the support of public schools;

(d) a separate school zone, if the person is a Roman Catholic and the residence is situate in the separate school zone and the taxes on its assessment are directed to the support of separate schools; or

(e) a secondary school district, if the residence is situate in the secondary school district and the taxes on its assessment are directed to the support of public schools. 1997, c. 31, s. 22.

Exception: French-language rights

(2)  No person has the right under subsection (1) to attend a French-language instructional unit operated by a board unless the person is a French-speaking person. 1997, c. 31, s. 22.

Tax exempt land

46.  (1)  A person who resides in a school section, separate school zone or secondary school district in which the person’s parent or guardian resides, on land that is exempt from taxation for the purposes of any board, is not qualified to be a resident pupil of the school section, separate school zone or secondary school district, unless the person or his or her parent or guardian is assessed with respect to other property for the purposes of a board in the school section, separate school zone or secondary school district. 1997, c. 31, s. 22.

Resident on land exempt from taxation

(2)  Subject to subsection (3), a person whose education is not otherwise provided for and who is otherwise qualified to attend an elementary or secondary school and who resides on land that is exempt from taxation for the purposes of any board shall be admitted to a school that is accessible to the person where the appropriate supervisory officer has certified that there is sufficient accommodation for the person in the school for the current year. 1997, c. 31, s. 22.

Fee

(3)  The fee, if any, that is payable under the regulations in respect of a person’s attendance under subsection (2) shall, except where the regulations provide otherwise in respect of such fees, be prepaid monthly by the person or by his or her parent or guardian. 1997, c. 31, s. 22.

Residence on defence property

46.1  (1)  In this section,

“defence property” means the prescribed lands and premises of defence establishments belonging to Canada. 1997, c. 31, s. 22.

Entitlement

(2)  Despite section 46, a person who resides with his or her parent or guardian on defence property in a prescribed municipality is entitled to attend an elementary school or a secondary school, as the case requires, in accordance with this section without payment of a fee. 1997, c. 31, s. 22.

Same

(3)  A person who resides with his or her parent or guardian on defence property in a prescribed municipality,

(a) whose parent or guardian is a Roman Catholic and a French-language rights holder, is entitled to attend a school operated by any district school board that has jurisdiction in the prescribed municipality;

(b) whose parent or guardian is a French-language rights holder but not a Roman Catholic, is entitled to attend a school operated by a public district school board that has jurisdiction in the prescribed municipality;

(c) whose parent or guardian is a Roman Catholic but not a French-language rights holder is entitled to attend a school that is operated by an English-language district school board that has jurisdiction in the prescribed municipality;

(d) in all cases other than those referred to in clauses (a), (b) and (c), is entitled to attend a school that is operated by an English-language public district school board that has jurisdiction in the prescribed municipality. 1997, c. 31, s. 22.

Regulations

(4)  The Lieutenant Governor in Council may make regulations respecting any matter that is referred to in this section as prescribed. 1997, c. 31, s. 22.

Retroactive

(5)  A regulation is, if it so provides, effective with respect to a period before it is filed. 1997, c. 31, s. 22.

Admission of ward, etc., of children’s aid society or training school

Elementary school

47.  (1)  A child who is under the care or supervision of a children’s aid society, receives child protection services from a children’s aid society or resides in a children’s residence or foster home within the meaning of the Child and Family Services Act, and who is otherwise qualified to be admitted to an elementary school, shall be admitted without the payment of a fee to an elementary school operated by the board of the school section or separate school zone, as the case may be, in which the child resides. 1997, c. 31, s. 22; 2006, c. 5, s. 52 (1).

Secondary school

(2)  A child who is under the care or supervision of a children’s aid society, receives child protection services from a children’s aid society or resides in a children’s residence or foster home within the meaning of the Child and Family Services Act, and who is otherwise qualified to be admitted to a secondary school, shall be admitted without the payment of a fee to a secondary school operated by the board of the secondary school district or separate school zone, as the case may be, in which the child resides. 1997, c. 31, s. 22; 2006, c. 5, s. 52 (2).

Child in custody of corporation or society

48.  (1)  Subject to subsection (2), where a child who is in the custody of a corporation or society does not have the right under the other provisions of this Part to attend the school that the corporation or society elects that the child attend, and the appropriate supervisory officer certifies that there is sufficient accommodation in the school for the current school year, the board that operates the school shall, where the child is otherwise qualified to attend such school, admit the child to the school. 1997, c. 31, s. 23.

Fee

(2)  The fees, if any, that are payable under the regulations in respect of a child’s attendance under subsection (1) shall, except where the regulations provide otherwise in respect of the fees, be prepaid monthly by the corporation or society. 1997, c. 31, s. 23.

Right to continue attending a school

London-Middlesex Act, 1992

48.1  (1)  If, on December 31, 1997, a pupil is enrolled in a school that he or she has a right to attend under the London-Middlesex Act, 1992, as that Act and the regulations made under it read immediately before the Education Quality Improvement Act, 1997 received Royal Assent, the pupil has the same right to continue to attend the school after January 1, 1998 as before January 1, 1998. 1997, c. 31, s. 23.

Transportation

(2)  A pupil who attends a school by virtue of a right under subsection (1) has the same right to transportation to attend the school after January 1, 1998 as before January 1, 1998. 1997, c. 31, s. 23.

Right to continue 1989/90 change in boundaries

(3)  If, on December 31, 1989, a pupil was enrolled in a school that the pupil had a right to attend and on January 1, 1990 the pupil, because of alterations to school board boundaries, no longer had a right to attend the school under any other provision of this Part, the pupil has the same right to continue to attend the school after January 1, 1990 as before January 1, 1990. 1997, c. 31, s. 23.

Exception

(4)  A right under this section is extinguished if,

(a) in connection with a transfer of a school under clause 58.1 (2) (p), a school that was a French-language instructional unit becomes a school of an English-language district school board;

(b) in connection with a transfer of a school under clause 58.1 (2) (p),  a school that was not a French-language instructional unit becomes a school of a French-language district school board; or

(c) the school becomes another type of school within the meaning of subsection 37 (2). 1997, c. 31, s. 23.

Agreement re transportation

(5)  The board of which a pupil referred to in subsection (1) or (3) is qualified to be a resident pupil may enter into an agreement with the board that operates the school, referred to in subsection (1) or (3), in respect of the transportation of the pupil to and from the school. 1997, c. 31, s. 23.

Fee payable

49.  (1)  Where a person qualified to be a resident pupil of a secondary school district or separate school zone attends a secondary school that the person has a right to attend under subsection 39 (1), the board of which the person is qualified to be a resident pupil shall pay to the board that operates the secondary school attended by the pupil the fee, if any, payable for the purpose under the regulations. 1997, c. 31, s. 24 (1).

Same

(2)  Where a person qualified to be a resident pupil of a board attends a public or secondary school in the area of jurisdiction of another board under section 48.1, the board of which the person is qualified to be a resident pupil shall pay to the board that operates the school attended by the pupil the fee, if any, payable for the purpose under the regulations. 1997, c. 31, s. 24 (1).

(3)  Repealed: 1997, c. 31, s. 24 (1).

Admission of resident pupil to another school by reason of distance to school

(4)  A child who resides with his or her parent or guardian in a residence that is assessed to the support of public schools and who may be excused from attendance under clause 21 (2) (c) may be admitted to a public school in another school section if the appropriate supervisory officer certifies that there is sufficient accommodation for the child, and the board of the section in which the child resides shall pay to the board of the other school section the fee, if any, payable for the purpose under the regulations. R.S.O. 1990, c. E.2, s. 49 (4); 1997, c. 31, s. 24 (2).

Admission of qualified non-resident pupil

(5)  A board may admit to a school that it operates a person whose admission with or without the payment of a fee is not otherwise provided for in this Act but who, except as to residence, is qualified to attend such school, and may, at its discretion, require the payment by or on behalf of the person of the fee, if any, payable for the purpose under the regulations. R.S.O. 1990, c. E.2, s. 49 (5); 1997, c. 31, s. 24 (3).

Fees for pupils

(6)  Despite any other provision of this Part but subject to subsection (7), if a board admits to a school that it operates a person who is a temporary resident within the meaning of the Immigration and Refugee Protection Act (Canada) or a person who is in possession of a study permit issued under that Act, the board shall charge the person the maximum fee calculated in accordance with the regulations. 2002, c. 18, Sched. G, s. 5 (1); 2005, c. 21, s. 2.

Non-application of subs. (6)

(7)  A board shall not charge a fee to,

(a) a person who is a participant in an educational exchange program under which a pupil of the board attends a school outside Canada without a fee;

(b) a person who is a dependant within the meaning of the Visiting Forces Act (Canada);

(c) a person if that person, his or her parent or someone else with lawful custody of him or her is in Canada,

(i) under a temporary resident permit issued under the Immigration and Refugee Protection Act (Canada),

(ii) under a diplomatic, consular or official acceptance issued by the Government of Canada, or

(iii) claiming refugee protection under the Immigration and Refugee Protection Act (Canada) or having had such protection conferred on him or her;

(d) a person if that person is awaiting determination of an application for permanent residence in Canada under the Immigration and Refugee Protection Act (Canada) or an application for Canadian citizenship and his or her parent or someone else with lawful custody of him is a Canadian citizen resident in Ontario;

(e) a person if his or her parent or someone else with lawful custody of him or her is in Canada,

(i) under a work permit or awaiting the determination of an application for a work permit under the Immigration and Refugee Protection Act (Canada),

(ii) as a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) or is awaiting determination of an application for permanent residence in Canada under the Immigration and Refugee Protection Act (Canada),

(iii) as a religious worker authorized to work in Canada under clause 186 (l) of the Regulations made under the Immigration and Refugee Protection Act (Canada),

(iv) in accordance with authorization under the Immigration and Refugee Protection Act (Canada) to study in Canada and is a full-time student at a university, college or institution in Ontario, including an institution that is an affiliate or federated institution of a university or college, that receives operating grants from the Government of Ontario, or

(v) in accordance with an agreement with a university outside Canada to teach at an institution in Ontario, including its affiliated or federated institutions, that receives operating grants from the Government of Ontario;

(f) a person who is a member of a class of persons prescribed by regulation for the purposes of this subsection. 2005, c. 21, s. 3.

Regulations

(8)  The Minister may make regulations prescribing one or more classes of persons for the purposes of subsection (7). 2005, c. 21, s. 3.

Persons unlawfully in Canada

49.1  A person who is otherwise entitled to be admitted to a school and who is less than eighteen years of age shall not be refused admission because the person or the person’s parent or guardian is unlawfully in Canada. 1993, c. 11, s. 21.

Adult persons

49.2  (1)  Despite any other provision of this Act but subject to subsection (4), a board may direct a person described in subsection (2) who is enrolled in or seeks to be admitted to a secondary school operated by the board to enrol in a continuing education course or class operated by the board in which the person may earn a credit. 1996, c. 13, s. 4.

Same

(2)  Subsection (1) applies to,

(a) a person who has attended one or more secondary schools for a total of seven or more school years;

(b) a person who did not attend secondary school for a total of four or more school years beginning after the end of the calendar year in which the person attained the age of 16 years; or

(c) a person in respect of whom funding for a board is calculated in accordance with the regulations made under section 234 on the same basis as funding in respect of a person enrolled in a continuing education course or class. 1996, c. 13, s. 4; 1997, c. 31, s. 25.

Same

(3)  Despite any other provision of this Act but subject to subsection (4), a person who has been directed in accordance with this section to enrol in a continuing education course or class does not have a right under this Act to attend or to be admitted to any class or course provided by the board that is not a continuing education course or class. 1996, c. 13, s. 4.

Exception: person requires particular course

(4)  Where a person must take a subject for a purpose listed in subsection (6) and the board does not offer a course in the required subject as part of its continuing education courses and classes but does offer a course in the required subject in its secondary school day program, the person is entitled to enrol in the day program course in the required subject. 1996, c. 13, s. 4.

Same

(5)  Subsection (4) applies only to persons who, but for subsections (1) and (3), would be entitled to enrol in the day program course offered by the board in the required subject. 1996, c. 13, s. 4.

Same

(6)  The following are the purposes referred to in subsection (4):

1. To qualify for an Ontario secondary school diploma.

2. To qualify for admission to a university or college of applied arts and technology.

3. To enter a trade, profession or calling. 1996, c. 13, s. 4.

Exceptional pupils

(7)  This section does not apply to,

(a) a person who is identified under this Act as an exceptional pupil and in respect of whom there is a recommendation by a Special Education Identification, Placement and Review Committee for placement in a day school program; or

(b) a person who is a member of a class of persons prescribed under subsection (8). 1996, c. 13, s. 4; 2006, c. 10, s. 5.

Regulations

(8)  The Lieutenant Governor in Council may make regulations prescribing classes of persons for the purposes of clause (7) (b). 1996, c. 13, s. 4.

Classes

(9)  A class prescribed under subsection (8) may be defined with respect to any characteristic and may be defined to consist of or to include or exclude any specified member. 1996, c. 13, s. 4.

PART II.1
MISCELLANEOUS

Provisions Relating to Public Boards

Visitors

50.  (1)  A parent or guardian of a child attending a public school and a member of the board that operates the school may visit the school. 1997, c. 31, s. 27.

Same

(2)  A member of the Assembly may visit a public school in the member’s constituency. 1997, c. 31, s. 27.

Same

(3)  A member of the clergy may visit a public school in the area where the member has pastoral charge. 1997, c. 31, s. 27.

Residents other than supporters entitled to vote

50.1  (1)  Despite the provisions of this or any other Act but subject to subsection (2), a person who is not a supporter of any board who is entitled under subsection 1 (10) to vote in the area of jurisdiction of a public board and who wishes to be an elector for the public board at an election is entitled,

(a) to cause his or her name to be entered on the preliminary list for the voting subdivision in which he or she resides, as an elector for the public board; and

(b) to be enumerated as an elector for the public board. 1997, c. 31, s. 27.

French-language rights

(2)  Only a person who is a French-language rights holder has entitlements under subsection (1) in respect of a French-language public district school board. 1997, c. 31, s. 27.

Religious Instruction

Religious instruction

51.  (1)  Subject to the regulations, a pupil shall be allowed to receive such religious instruction as the pupil’s parent or guardian desires or, where the pupil is an adult, as the pupil desires. R.S.O. 1990, c. E.2, s. 51 (1).

Religious exercises

(2)  No pupil in a public school shall be required to read or study in or from a religious book, or to join in an exercise of devotion or religion, objected to by the pupil’s parent or guardian, or by the pupil, where the pupil is an adult. R.S.O. 1990, c. E.2, s. 51 (2).

Provisions Relating to Roman Catholic Boards

Religious education

52.  A Roman Catholic board may establish and maintain programs and courses of study in religious education for pupils in all schools under its jurisdiction. 1997, c. 31, s. 28.

Visitors

53.  (1)  A parent or guardian of a child attending a Roman Catholic school and a member of the board that operates the school may visit the school. 1997, c. 31, s. 28.

Same

(2)  A member of the Assembly may visit a Roman Catholic school in the member’s constituency. 1997, c. 31, s. 28.

Same

(3)  A member of the clergy of the Roman Catholic Church may visit a Roman Catholic school in the area where the member has pastoral charge. 1997, c. 31, s. 28.

Residents other than supporters entitled to vote

54.  (1)  Despite the provisions of this or any other Act but subject to subsection (2), a Roman Catholic who is not a supporter of any board, who is a person entitled under subsection 1 (10) to vote in the area of jurisdiction of a Roman Catholic board and who wishes to be an elector for the Roman Catholic board at an election is entitled,

(a) to cause his or her name to be entered on the preliminary list for the voting subdivision in which he or she resides, as an elector for the Roman Catholic board; and

(b) to be enumerated as an elector for the Roman Catholic board. 1997, c. 31, s. 29.

French-language rights

(2)  Only a person who is a French-language rights holder has entitlements under subsection (1) in respect of a French-language separate district school board. 1997, c. 31, s. 29.

Student Trustees

Student trustees

55.  (1)  The Minister may make regulations providing for elected student trustees to represent, on district school boards and on boards established under section 67, the interests of pupils in the last two years of the intermediate division and in the senior division. 2006, c. 10, s. 6.

No membership or binding vote

(2)  A student trustee is not a member of the board and is not entitled to exercise a binding vote on any matter before the board or any of its committees. 2006, c. 10, s. 6.

Recorded vote

(3)  A student trustee is entitled to require that a matter before the board or one of its committees on which the student trustee sits be put to a recorded vote, and in that case there shall be,

(a) a recorded non-binding vote that includes the student trustee’s vote; and

(b) a recorded binding vote that does not include the student trustee’s vote. 2006, c. 10, s. 6.

Motion

(4)  A student trustee is not entitled to move a motion, but is entitled to suggest a motion on any matter at a meeting of the board or of one of its committees on which the student trustee sits, and if no member of the board or committee, as the case may be, moves the suggested motion, the record shall show the suggested motion. 2006, c. 10, s. 6.

Certain closed meetings

(5)  A student trustee is not entitled to be present at a meeting that is closed to the public under clause 207 (2) (b). 2006, c. 10, s. 6.

Participation

(6)  Subject to subsections (2) to (5), a student trustee shall have the same opportunities for participation at meetings of the board and of its committees as a member has. 2006, c. 10, s. 6.

Resources and training

(7)  A student trustee has the same status as a board member with respect to access to board resources and opportunities for training. 2006, c. 10, s. 6.

Honorarium

(8)  A student trustee is entitled to receive an honorarium from the board in accordance with the regulations, if the specified conditions are satisfied. 2006, c. 10, s. 6.

Regulations

(9)  Without limiting the generality of subsection (1), a regulation under that subsection may,

(a) provide for and govern the student trustee election process, which may be direct or indirect;

(b) specify qualifications for electors of student trustees;

(c) specify qualifications for student trustees and the consequences of becoming disqualified;

(d) govern the number of student trustees who may sit on a board;

(e) govern student trustees’ terms of office;

(f) authorize boards to reimburse student trustees for all or part of the out-of-pocket expenses reasonably incurred in connection with carrying out their responsibilities, subject to such limitations or conditions as may be specified in the regulation;

(g) provide for transitional matters that, in the Minister’s opinion, are necessary or desirable in connection with the implementation of section 6 of the Education Statute Law Amendment Act (Student Performance), 2006. 2006, c. 10, s. 6.

Same

(10)  Without limiting the generality of subsection (1), a regulation under that subsection dealing with the honorarium described in subsection (8) may,

(a) specify a method for calculating the amount of the honorarium;

(b) specify conditions for the purposes of subsection (8);

(c) provide that the honorarium for a student trustee who serves two or more terms shall be multiplied by the number of terms served or increased in some other way;

(d) relate the amount of the honorarium to the honoraria received by members of the board;

(e) govern the manner and timing of payment of the honorarium;

(f) provide for the payment of the honorarium to a third party on the former student trustee’s behalf;

(g) prescribe classes of student trustees or former student trustees and treat the members of different classes differently. 2006, c. 10, s. 6.

Same

(11)  Without limiting the generality of clause (9) (a), a regulation under subsection (1) may provide for and govern,

(a) student trustee elections at different times in the school year; and

(b) by-elections to fill vacancies. 2006, c. 10, s. 6.

Same

(12)  In a regulation under subsection (1), the Minister may provide for any matter by authorizing a board to develop and implement a policy with respect to the matter, and may require that the policy comply with policies and guidelines established under paragraph 3.5 of subsection 8 (1). 2006, c. 10, s. 6.

General or particular

(13)  A regulation under subsection (1) may be general or particular. 2006, c. 10, s. 6.

Transition

(14)  The pupil representatives elected or appointed under Ontario Regulation 461/97 for the 2006-2007 school year are deemed to be student trustees elected under this section for that school year. 2006, c. 10, s. 6.

Territory Without Municipal Organization in Area of Jurisdiction of a School Authority

Regulations

56.  The Lieutenant Governor in Council may make regulations deeming, for any purpose, including but not limited to purposes related to taxation, any territory without municipal organization that is within the area of jurisdiction of a school authority,

(a) to be a district municipality, unless and until the territory becomes or is included in a municipality; or

(b) to be attached to a municipality, unless and until the territory becomes or is included in a municipality. 1997, c. 31, s. 31.

Special Education Tribunals and Advisory Committees

Special Education Tribunals

57.  (1)  The Lieutenant Governor in Council shall establish one or more Special Education Tribunals. 1997, c. 31, s. 31.

Appointment

(1.1)  The Lieutenant Governor in Council may appoint members to a Special Education Tribunal and specify each member’s term of office. 2006, c. 10, s. 7.

Remuneration and expenses

(1.2)  Each member of a Special Education Tribunal shall receive the remuneration that the Lieutenant Governor in Council determines and reimbursement for the member’s reasonable and necessary expenses incurred in attending meetings and in transacting the business of the Tribunal. 2006, c. 10, s. 7.

Chair

(1.3)  The Minister may appoint one of the members of a Special Education Tribunal as chair. 2006, c. 10, s. 7.

Vice-chair

(1.4)  The chair of a Special Education Tribunal may appoint one of the members of the Tribunal as vice-chair. 2006, c. 10, s. 7.

Same

(1.5)  Any function, power or duty of the chair of a Special Education Tribunal may, if the chair is absent or unable to act, be exercised by the vice-chair. 2006, c. 10, s. 7.

Regulations

(2)  The Lieutenant Governor in Council may make regulations governing,

(a) the organization and administration of a Special Education Tribunal;

(b) practices and procedures relating to a Special Education Tribunal; and

(c) the costs of persons before a Special Education Tribunal. 1997, c. 31, s. 31.

Right of appeal

(3)  Where a parent or guardian of a pupil has exhausted all rights of appeal under the regulations in respect of the identification or placement of the pupil as an exceptional pupil and is dissatisfied with the decision in respect of the identification or placement, the parent or guardian may appeal to a Special Education Tribunal for a hearing in respect of the identification or placement. 1997, c. 31, s. 31.

Hearing by Special Education Tribunal

(4)  The Special Education Tribunal shall hear the appeal and may,

(a) dismiss the appeal; or

(b) grant the appeal and make such order as it considers necessary with respect to the identification or placement. 1997, c. 31, s. 31.

Decision final

(5)  The decision of the Special Education Tribunal is final and binding on the parties to the decision. 1997, c. 31, s. 31.

Special education advisory committees

57.1  (1)  Every district school board shall establish a special education advisory committee. 1997, c. 31, s. 31.

Same

(2)  The Lieutenant Governor in Council may make regulations requiring school authorities to establish special education advisory committees. 1997, c. 31, s. 31.

Same

(3)  The Lieutenant Governor in Council may make regulations governing,

(a) the establishment and composition of special education advisory committees;

(b) practices and procedures relating to special education advisory committees;

(c) the powers and duties of special education advisory committees;

(d) the duties of district school boards or school authorities in relation to special education advisory committees. 1997, c. 31, s. 31.

General or particular

(4)  A regulation under subsection (3) may be general or particular and may be made to apply to any class of board and for the purpose a class may be defined with respect to any attribute and may be defined to consist of or to exclude any specified member of the class, whether or not with the same attributes. 1997, c. 31, s. 31.

Education Relations Commission

Education Relations Commission

57.2  (1)  In this section,

“lock-out” has the same meaning as in the Labour Relations Act, 1995; (“lock-out”)

“Part X.1 teacher” has the same meaning as in Part X.1; (“enseignant visé par la partie X.1”)

“strike”, in relation to employees who are not Part X.1 teachers, has the same meaning as in the Labour Relations Act, 1995; (“grève”)

“strike”, in relation to Part X.1 teachers, has the meaning set out in clause 277.2 (4) (b). (“grève”) 2001, c. 14, Sched. A, s. 1.

Same

(2)  Despite the repeal of section 59 of the School Boards and Teachers Collective Negotiations Act, the Education Relations Commission is continued for the purposes of advising the Lieutenant Governor in Council when, in the opinion of the Commission, the continuation of a strike by board employees or of a lock-out of board employees will place in jeopardy the successful completion of courses of study by the affected pupils. 2001, c. 14, Sched. A, s. 1.

Non-application of repealed provisions

(3)  Despite the continuation of the Education Relations Commission for the purposes set out in subsection (2), subsections 59 (5), (6) and (7) of the School Boards and Teachers Collective Negotiations Act do not apply to that commission. 2006, c. 34, s. 31.

Municipal Charges

Municipal charges

58.  (1)  Despite sections 9, 10 and 11 and Part XII of the Municipal Act, 2001 and sections 7 and 8 and Part IX of the City of Toronto Act, 2006 but subject to subsection (3), a by-law imposing fees and charges passed under those provisions does not apply to a board. 2006, c. 32, Sched. C, s. 15 (2).

Same

(2)  Despite sections 9, 10 and 11 and Part XII of the Municipal Act, 2001 and sections 7 and 8 and Part IX of the City of Toronto Act, 2006, a by-law passed under those provisions does not apply in respect of anything provided or done by or on behalf of the municipality or upper-tier municipality in connection with taxes levied under Division B of Part IX of this Act. 2006, c. 32, Sched. C, s. 15 (2).

Exception

(3)  The Lieutenant Governor in Council may make regulations providing for exceptions to subsection (1). 2006, c. 32, Sched. C, s. 15 (2).

PART II.2
DISTRICT SCHOOL BOARDS

Regulations: district school boards

58.1  (1)  In this section,

“English-language instruction” means instruction in the English language or in American Sign Language and includes instruction provided under a program of the type described in paragraph 25 of subsection 8 (1); (“enseignement en anglais”)

“French-language instruction” means instruction in the French language or in Quebec Sign Language but does not include instruction provided under a program of the type described in paragraph 25 of subsection 8 (1); (“enseignement en français”)

“school” does not include a school under the jurisdiction of a school authority or an educational institution operated by the Government of Ontario. (“école”) 1997, c. 31, s. 32.

Same

(2)  The Lieutenant Governor in Council may make regulations providing for,

(a) the establishment of,

(i) English-language public district school boards, to govern the provision of elementary and secondary English-language instruction in schools other than Roman Catholic separate schools,

(ii) English-language separate district school boards, to govern the provision of elementary and secondary English-language instruction in Roman Catholic separate schools,

(iii) French-language public district school boards, to govern the provision of elementary and secondary French-language instruction in schools other than Roman Catholic separate schools, and

(iv) French-language separate district school boards, to govern the provision of elementary and secondary French-language instruction in Roman Catholic separate schools;

(b) the establishment of the areas of jurisdiction of district school boards;

(c) the assignment of names to district school boards;

(d) the alteration of the area of jurisdiction of a district school board;

(e) the dissolution of a district school board;

(f) the dissolution of a school authority the area of jurisdiction of which is to be included in the area of jurisdiction of a district school board;

(g) the dissolution of an old board;

(h) the amalgamation or merger of one or more old boards with a district school board to continue as a district school board;

(i) the amalgamation or merger of one or more school authorities with a district school board to continue as a district school board;

(j) the amalgamation or merger of two or more district school boards to continue as a district school board;

(k) representation on and elections to district school boards, including but not limited to regulations providing for,

(i) the determination of the number of members of each district school board,

(ii) the establishment, for electoral purposes, of geographic areas within the areas of jurisdiction of district school boards,

(iii) the distribution of the members of a district school board to the geographic areas referred to in subclause (ii),

(iv) appeals to any person or body relating to anything done under a regulation made under subclause (i), (ii) or (iii),

(v) nomination procedures for the election of members of district school boards,

(vi) the duties to be performed by municipal clerks, officials of old boards, officials of district school boards and others in respect of any matter relating to representation on or elections to district school boards,

(vii) the duties to be performed by the Education Improvement Commission in respect of any matter relating to elections to district school boards in 1997 or to representation on district school boards in connection with the 1997 elections,

(viii) the date in a regular election year before which a resolution under subsection (10.1) may be passed;

(l) the holding in trust, transfer and vesting of assets, including but not limited to real and personal property, the transfer of liabilities and the transfer of employees among district school boards or school authorities or both, in connection with,

(i) the establishment, continuation or dissolution of a district school board,

(ii) the dissolution of a school authority the area of jurisdiction of which is to be included in the area of jurisdiction of a district school board, or

(iii) the merger or amalgamation of a school authority the area of jurisdiction of which is to be included in the area of jurisdiction of a district school board with the district school board;

(m) the deeming, for any purpose, including but not limited to purposes related to elections and taxation, of any territory without municipal organization that is within the area of jurisdiction of a district school board,

(i) to be a district municipality, unless and until the territory becomes or is included in a municipality, or

(ii) to be attached to a municipality, unless and until the territory becomes or is included in a municipality;

(n) the recovery of some or all of the costs incurred by a district school board in meeting any requirements under this section relating to elections in territory without municipal organization or elections to a school authority;

(o) the conduct of elections to a school authority the area of jurisdiction of which is entirely or partly the same as the area of jurisdiction of a district school board;

(p) the holding in trust, transfer and vesting of assets, including but not limited to real and personal property, the transfer of liabilities and the transfer of employees of old boards to and among district school boards;

(q) such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the school system reforms of 1997 and 1998, including but not limited to regulations providing for,

(i) such matters as the Lieutenant Governor in Council considers advisable to prevent disruption in the education of pupils,

(ii) the obligation of a district school board to exercise the powers and carry out the duties of another district school board for and on behalf of the other district school board,

(iii) the obligation of a district school board to deal with assets, liabilities or employees, or classes of assets, liabilities or employees, that are identified in the regulation, for and on behalf of another district school board,

(iv) the recovery of some or all of the costs incurred by a district school board in meeting any requirement under this clause;

(r) such other matters, including transitional matters, that the Lieutenant Governor in Council considers necessary or advisable in connection with the establishment, merger, amalgamation, continuation or dissolution of one or more boards under this section, or with the alteration of the area of jurisdiction of a board under this section, including but not limited to transitional matters relating to,

(i) representation, by election or appointment, on a board pending the next regular elections,

(ii) the rights of pupils to continue to attend schools that they were enrolled in and entitled to attend immediately before the establishment, merger, amalgamation, continuation, dissolution or alteration. 1997, c. 31, s. 32; 2002, c. 18, Sched. G, s. 6 (1).

Provisions in regulations: effect for electoral purposes

(3)  A regulation made under subsection (2) may provide that it shall be deemed to have come into force and taken effect on the day of filing or at such earlier or later time as is stated in the regulation, for any purpose related to representation on or elections to a district school board or school authority. 1997, c. 31, s. 32.

Same

(4)  Subsection (3) applies only to the extent necessary to permit the next regular election after the regulation is made, or any by-election preceding that next regular election, to be held in a way that takes account of the provisions of the regulation. 1997, c. 31, s. 32.

Regulations: school outside jurisdiction of a board to be school of the board

(5)  The Lieutenant Governor in Council may make regulations providing that a school described in subsection (6) that is outside the area of jurisdiction of a district school board is a school of the district school board. 1997, c. 31, s. 32.

Same

(6)  Subsection (5) applies only to schools to which section 101 of this Act, as it read on December 31, 1997, applied. 1997, c. 31, s. 32.

Purpose of clauses (2) (d), (e)

(7)  The purpose of clauses (2) (d) and (e) is to provide authority to the Lieutenant Governor in Council to make changes in the jurisdiction of boards on a case by case basis. 1997, c. 31, s. 32.

Limitation re clauses (2) (d), (e)

(8)  A regulation shall not be made under clause (2) (d) or (e) if an area that, immediately before the regulation takes effect, was within the area of jurisdiction of a board would, immediately after the regulation takes effect, not be within the area of jurisdiction of a board. 1997, c. 31, s. 32.

Subdelegation

(9)  In a regulation under subclauses (2) (k) (i) to (iii), the Lieutenant Governor in Council may delegate to a person or body the authority to provide for anything relating to the matters mentioned in subclauses (2) (k) (i) to (iii), subject to such conditions and restrictions as are specified in the regulation. 1997, c. 31, s. 32.

Number of members on a district school board

(10)  A regulation under subclause (2) (k) (i) shall not provide for more than 22 or fewer than five members on any district school board. 1997, c. 31, s. 32.

Same

(10.1)  Subject to subsections (10.2) and (10.3), a district school board may by resolution reduce the number of members to be elected at the next regular election to a number lower than the number provided in a regulation made under subclause 58.1 (2) (k) (i). 2002, c. 18, Sched. G, s. 6 (2).

Same

(10.2)  The resolution shall be passed before the prescribed date in the year of the regular election. 2002, c. 18, Sched. G, s. 6 (2).

Same

(10.3)  The resolution shall not provide for fewer than five members. 2002, c. 18, Sched. G, s. 6 (2).

Same

(11)  The numbers referred to in subsections (10) to (10.3) do not include any person elected or appointed to a district school board under section 188. 2002, c. 18, Sched. G, s. 6 (3).

Geographic areas

(12)  A geographic area established under subclause (2) (k) (ii) for a district school board may,

(a) be the same as or less than the entire area of jurisdiction of the district school board;

(b) include areas within the area of jurisdiction of the district school board that do not adjoin one another; and

(c) consist of,

(i) all or part of one or more municipalities, or

(ii) territory without municipal organization,

or both. 1997, c. 31, s. 32.

Same

(13)  A person who establishes a geographic area under a regulation made under subclause (2) (k) (ii) shall have regard to any relevant submissions made by any person. 1997, c. 31, s. 32.

No right to petition Executive Council

(13.1)  Section 95 of the Ontario Municipal Board Act does not apply in respect of an order or decision that is made after the day this subsection comes into force by the Ontario Municipal Board under the authority of a regulation made under clause (2) (k). 2002, c. 18, Sched. G, s. 6 (4).

Purpose of clause (2) (l)

(14)  The purpose of clause (2) (l) is to provide authority to the Lieutenant Governor in Council to resolve questions relating to assets, liabilities and employees that arise in connection with any changes in the jurisdiction of boards that may be made on a case by case basis. 1997, c. 31, s. 32.

Limitation

(15)  The Lieutenant Governor in Council has no authority under clause (2) (l) to transfer employees of a public board to a Roman Catholic board or to transfer employees of a Roman Catholic board to a public board. 1997, c. 31, s. 32.

Exception

(16)  The limitation provided in subsection (15) does not apply in relation to the transfer of an employee between two boards if,

(a) both boards agree that the limitation should not apply in respect of the transfer; and

(b) the Minister approves the agreement referred to in clause (a). 1997, c. 31, s. 32.

Transfers among district school boards and school authorities

(17)  Without limiting the generality of clause (2) (l), a regulation under that clause may provide for,

(a) processes to permit participation by classes of persons or bodies specified in the regulation in decision-making processes related to anything done under clause (2) (l);

(b) processes for the resolution of disputes among classes of persons or bodies specified in the regulation;

(c) the continuation of legal and other proceedings commenced by or against a district school board or school authority affected by anything done under clause (2) (l) and the enforcement of court orders and other orders or determinations relating to such a district school board or school authority;

(d) deadlines for complying with any provision of the regulation; and

(e) any other matter that the Lieutenant Governor in Council considers advisable in order to achieve an efficient and fair transfer of assets, liabilities and employees among the affected district school boards and school authorities. 1997, c. 31, s. 32.

Dispute

(18)  Without limiting the generality of clause (17) (b), a regulation providing for a matter referred to in that clause may provide for disputes as to the disposition of property to be referred to an arbitrator selected by the Minister. 1997, c. 31, s. 32.

Same

(19)  Where a dispute is referred to an arbitrator as described in subsection (18), the arbitrator shall determine the matters in dispute and the decision of the arbitrator is final. 1997, c. 31, s. 32.

Clause (17) (c)

(20)  Without limiting the generality of clause (17) (c), a regulation providing for a matter referred to in that clause,

(a) may substitute or add persons as parties to a proceeding continued under the clause; and

(b) may substitute or add persons against which or by which an order or determination referred to in the clause may be enforced. 1997, c. 31, s. 32.

Employees

(21)  The following rules apply where an employee is transferred under a regulation made under clause (2) (l):

1. A person who is an employee of a board on the day the regulation transferring the employee to another board is made and who would, but for that regulation, still be an employee of the transferor board on the day the regulation is to take effect is an employee of the transferee board referred to in the regulation on the day the regulation is to take effect.

2. A person’s employment shall be deemed not to have been terminated for any purpose by anything done under this Part. 1997, c. 31, s. 32.

Tax exemption

(22)  Taxes are not payable under the Land Transfer Tax Act or the Retail Sales Tax Act with respect to a holding in trust, transfer or vesting under clause (2) (l). 1997, c. 31, s. 32.

Transfer not a closing

(23)  A transfer of a school under clause (2) (l) is not a closing of the school. 1997, c. 31, s. 32.

No compensation

(24)  Except as provided in the regulations made under clause (2) (l), no compensation or damages are payable in connection with anything done under clause (2) (l). 1997, c. 31, s. 32.

Powers of board if regulation made under subclause (2) (m) (i)

(25)  Where a board includes within its area of jurisdiction territory without municipal organization that is deemed under clause (2) (m) to be a district municipality for the purposes of elections, the officers appointed by the board have all the same powers and duties with respect to elections of members of the board in that territory as similar officers have in a municipality with respect to similar elections. 1997, c. 31, s. 32.

Powers of municipality if regulation made under subclause (2) (m) (ii)

(26)  Where a board includes within its area of jurisdiction territory without municipal organization that is deemed under clause (2) (m) to be attached to a municipality for the purposes of elections, the officers of the municipality have all the same powers and duties with respect to elections of members of the board in that territory as with respect to such elections in any part of the area of jurisdiction of the board that is within the municipality. 1997, c. 31, s. 32.

Deemed district municipality

(27)  In addition to any area prescribed under subclause (2) (m) (i), an area that satisfies the following conditions shall be deemed to be a district municipality for the purposes of clause 257.12 (3) (a) from January 1, 1998 until it becomes or is included in a municipality or is deemed to be a district municipality by a regulation made under clause (2) (m):

1. The area is without municipal organization.

2. As of December 31, 1997, the area was deemed to be a district municipality under subsection 54 (2), as it read on that day.

3. The area is under the jurisdiction of a district school board. 2002, c. 18, Sched. G, s. 6 (5).

Deemed separate district municipalities

(28)  Despite subsection (27), the part, if any, of an area described in subsection (27) that is in a separate school zone shall be deemed to be a discrete district municipality. 2002, c. 18, Sched. G, s. 6 (5).

Transition, including transfers from old boards to district school boards

58.2  (1)  Without limiting the generality of clause 58.1 (2) (p), a regulation under that clause may provide for,

(a) processes to permit participation by classes of persons or bodies specified in the regulation in decision-making processes related to anything done under clause 58.1 (2) (p);

(b) processes for the resolution of disputes among classes of persons or bodies specified in the regulation;

(c) the continuation of legal and other proceedings commenced by or against an old board and the enforcement of court orders and other orders or determinations affecting an old board;

(d) deadlines for complying with any provision of the regulation; and

(e) any other matter that the Lieutenant Governor in Council considers advisable in order to achieve an efficient and fair transfer of assets, liabilities and employees of old boards to and among district school boards. 1997, c. 31, s. 32.

Clause (1) (c)

(2)  Without limiting the generality of clause (1) (c), a regulation providing for a matter referred to in that clause,

(a) may substitute or add persons as parties to a proceeding continued under the clause; and

(b) may substitute or add persons against which or by which an order or determination referred to in the clause may be enforced. 1997, c. 31, s. 32.

Role of Education Improvement Commission

(3)  In a regulation under clause 58.1 (2) (p) or (q), the Lieutenant Governor in Council may provide for any matter referred to in clause 58.1 (2) (p) or (q), in subsection (1) or (2) of this section or in subsection 58.3 (7) by assigning powers and duties to the Education Improvement Commission, including but not limited to powers and duties to,

(a) issue directives to district school boards and other persons or bodies or classes of persons or bodies specified by the Commission respecting criteria to be applied and processes to be followed in developing recommendations to the Commission on any matter referred to in clause 58.1 (2) (p) or (q), in subsection (1) or (2) of this section or in subsection 58.3 (7);

(b) issue directives respecting the participation of classes of persons or bodies specified by the Commission in the development of recommendations referred to in clause (a) and respecting dispute resolution processes;

(c) make determinations respecting the holding in trust, transfer and vesting of assets, including but not limited to real and personal property, the transfer of liabilities and the transfer of employees of old boards to and among district school boards;

(d) issue orders that the Commission considers necessary or advisable to give effect to the determinations made under clause (c) and impose terms and conditions on its orders; and

(e) issue directives establishing deadlines for complying with any directive or order made by the Commission under the regulations. 1997, c. 31, s. 32.

Same

(4)  In a regulation assigning powers and duties to the Education Improvement Commission, the Lieutenant Governor in Council may authorize the Commission to,

(a) make interim orders, including but not limited to interim orders respecting dealings by a district school board with any asset, liability or employee, pending final disposition of the asset or liability under this Part or final determination under this Part of which district school board will be the employer of the employee;

(b) make final orders;

(c) vary any of its orders. 1997, c. 31, s. 32.

Same

(5)  In a regulation assigning powers and duties to the Education Improvement Commission, the Lieutenant Governor in Council may,

(a) specify procedures and other rules to be followed by the Commission in carrying out its powers and duties;

(b) provide that the powers and duties of the Commission are subject to any terms and conditions specified in the regulation; and

(c) provide for the establishment of panels of the Commission and provide that a panel may exercise the powers and carry out the duties of the Commission, subject to the restrictions, if any, specified in the regulation. 1997, c. 31, s. 32.

Same

(6)  Examples of rules that may be specified under clause (5) (a) include,

(a) rules requiring the Commission to consult, in circumstances specified in the regulation, with classes of persons or bodies specified in the regulation;

(b) rules requiring the Commission to take into account, in any way that the Lieutenant Governor in Council considers appropriate, recommendations made by classes of persons or bodies specified in the regulation. 1997, c. 31, s. 32.

Criteria re transfer of assets, liabilities, employees

(7)  In making regulations under clause 58.1 (2) (p) or (q) and in making determinations and issuing directives or orders under this section, the Lieutenant Governor in Council or the Education Improvement Commission, as the case may be, shall,

(a) have regard to the needs of each district school board;

(b) ensure that all assets, liabilities and employees of old boards are transferred to district school boards;

(c) ensure that all employees of old public boards are transferred to public district school boards; and

(d) ensure that all employees of old Roman Catholic boards are transferred to separate district school boards. 1997, c. 31, s. 32.

Definitions

(8)  In subsection (7),

“old public board” means a board of education and The Metropolitan Toronto School Board within the meaning of this Act as it read immediately before the Education Quality Improvement Act, 1997 received Royal Assent; (“ancien conseil public”)

“old Roman Catholic board” means a county combined separate school board and a district combined separate school board within the meaning of this Act as it read immediately before the Education Quality Improvement Act, 1997 received Royal Assent. (“ancien conseil catholique”) 1997, c. 31, s. 32.

Exception

(9)  Where a district school board acquires an employee as a result of merger with an old board, clauses (7) (c) and (d) do not apply in respect of the transfer of the employee to another district school board if,

(a) both district school boards agree that clause (7) (c) or (d), as the case may be, should not apply in respect of the transfer; and

(b) the Education Improvement Commission approves the agreement referred to in clause (a). 1997, c. 31, s. 32.

Limitation

(10)  Subject to subsection (11), clause 58.1 (2) (p) does not authorize the transfer of any asset, liability or employee after August 31, 1998. 1997, c. 31, s. 32.

Exception: ongoing disputes

(11)  Where on August 31, 1998 there is an ongoing dispute between district school boards as to the appropriate disposition of an asset, liability or employee, the asset, liability or employee may be transferred, by regulation or order, as the case may be, under clause 58.1 (2) (p) at any time before January 1, 1999. 1997, c. 31, s. 32.

Employees

(12)  The following rules apply where an employee is transferred from an old board to a district school board under a regulation made under clause 58.1 (2) (p) or under an order issued under this section:

1. A person who is an employee of an old board on the day the order or regulation transferring the employee is issued or made and who would, but for that order or regulation, still be an employee of the old board on the day the order or regulation is to take effect is an employee of the district school board referred to in the regulation or order on the day the regulation or order is to take effect.

2. A person’s employment shall be deemed not to have been terminated for any purpose by anything done under this Part. 1997, c. 31, s. 32.

Order, directive may be filed in court

(13)  An order or directive of the Education Improvement Commission under this section or a predecessor of this section may be filed in the Superior Court of Justice. 1997, c. 31, s. 32; 2000, c. 11, s. 21.

Same

(14)  An order or directive that is filed under subsection (13) shall be enforceable as if it were an order of the Superior Court of Justice. 1997, c. 31, s. 32; 2000, c. 11, s. 21.

Orders, directives final

(15)  Orders and directives of the Education Improvement Commission under this section or a predecessor of this section are final and shall not be reviewed or questioned in any court. 1997, c. 31, s. 32.

Tax exemption

(16)  Taxes are not payable under the Land Transfer Tax Act or the Retail Sales Tax Act with respect to a holding in trust, transfer or vesting under clause 58.1 (2) (p). 1997, c. 31, s. 32.

Transfer not a closing

(17)  A transfer of a school under clause 58.1 (2) (p) is not a closing of the school. 1997, c. 31, s. 32.

No compensation

(18)  Except as provided in the regulations made under clause 58.1 (2) (p), no compensation or damages are payable in connection with anything done under clause 58.1 (2) (p). 1997, c. 31, s. 32.

Effect of transfer under this Part

(19)  Where an asset or liability is transferred from one district school board to another district school board as a result of a regulation made under clause 58.1 (2) (p) or as a result of an order made under such a regulation,

(a) the transferee board has, immediately after the transfer, the same rights and obligations with respect to the asset or liability as the transferor board had immediately before the transfer; and

(b) the rights and obligations of a party to any agreement are not affected by reason only that the transferee board is not identical to the transferor board. 1997, c. 31, s. 32.

Purpose of authority under clauses 58.1 (2) (p), (q), s. 58.2

58.3  (1)  The purpose of clauses 58.1 (2) (p) and (q) is to provide authority to the Lieutenant Governor in Council and, where the Lieutenant Governor in Council exercises authority under section 58.2 to assign powers and duties to the Education Improvement Commission, the Education Improvement Commission, to address transitional matters that arise in connection with the school system reforms of 1997 and 1998. 1997, c. 31, s. 32.

Same

(2)  In particular, the purpose of subclauses 58.1 (2) (q) (ii) and (iii) is to provide authority to the Lieutenant Governor in Council and, where the Lieutenant Governor in Council exercises authority under section 58.2 to assign powers and duties to the Education Improvement Commission, the Education Improvement Commission, to give certain district school boards time, where necessary, to prepare for the assumption of full administrative and operational responsibility for assets, liabilities and employees. 1997, c. 31, s. 32.

Limitation: clauses 58.1 (2) (p), (q), s. 58.2

(3)  Neither the Lieutenant Governor in Council nor the Education Improvement Commission has any authority under clause 58.1 (2) (p) or (q) or section 58.2 to address matters that, in the reasonable opinion of the Lieutenant Governor in Council or the Education Improvement Commission, as the case may be, are unrelated to the school system reforms of 1997 and 1998. 1997, c. 31, s. 32.

Limitation: subclause 58.1 (2) (q) (i)

(4)  Neither the Lieutenant Governor in Council nor the Education Improvement Commission has any authority under subclause 58.1 (2) (q) (i) to intervene in a strike or lock-out. 1997, c. 31, s. 32.

Limitation: subclause 58.1 (2) (q) (ii)

(5)  Neither the Lieutenant Governor in Council nor the Education Improvement Commission has any authority under subclause 58.1 (2) (q) (ii) or (iii) to oblige a district school board to do anything after August 31, 1998. 1997, c. 31, s. 32.

Same

(6)  Despite subsection (5), where subsection 58.2 (11) applies, authority under subclauses 58.1 (2) (q) (ii) and (iii) may be exercised to impose obligations on district school boards until January 1, 1999. 1997, c. 31, s. 32.

One district school board to follow directions of another

(7)  Where authority is exercised under subclause 58.1 (2) (q) (ii) or (iii), the district school board acting for and on behalf of another district school board shall follow the directions of the other district school board in order to ensure that the governance role of each district school board, as described in subclause 58.1 (2) (a) (i), (ii), (iii) or (iv), is respected. 1997, c. 31, s. 32.

Same

(8)  The authority to make regulations under subclause 58.1 (2) (q) (ii) or (iii) includes the authority to make regulations respecting how the requirements of subsection (7) are to be met. 1997, c. 31, s. 32.

General or particular: ss. 58.1 and 58.2

58.4  (1)  A regulation made under section 58.1 and a directive or order issued under section 58.2 may be general or particular. 1997, c. 31, s. 32.

Classes

(2)  A class under section 58.1 or 58.2 may be defined with respect to any attribute and may be defined to consist of or to exclude any specified member of the class, whether or not with the same attributes. 1997, c. 31, s. 32.

Corporate status

58.5  (1)  Every district school board is a corporation and has all the powers and shall perform all the duties that are conferred or imposed on it under this or any other Act. 1997, c. 31, s. 32.

Amalgamation or merger

(2)  Subsection (3) applies where,

(a) one or more old boards are merged or amalgamated with a district school board to continue as a district school board;

(b) one or more school authorities are merged or amalgamated with a district school board to continue as a district school board; or

(c) two or more district school boards are merged or amalgamated to continue as a district school board. 1997, c. 31, s. 32.

Same

(3)  The district school board that is continued is a corporation and, except as otherwise provided by the regulations made under this Part, subsection 180 (7) of the Business Corporations Act applies with necessary modifications as if the board had been continued under that Act. 1997, c. 31, s. 32.

District school boards deemed to be local boards

58.6  A district school board shall be deemed to be a local board and a school board for the purposes of the Municipal Elections Act, 1996. 1997, c. 31, s. 32.

Conduct of elections

58.7  The election of members of a district school board shall be conducted in the same manner as the election of members of the council of a municipality. 1997, c. 31, s. 32.

Electors for French-language district school boards

58.8  (1)  Subject to section 58.9, a person is qualified to be an elector for a French-language district school board if the person is entitled under subsection 1 (10) to vote in the area of jurisdiction of the board and,

(a) the person is a French-language district school board supporter;

(b) the person is entered on a preliminary list under section 54 in respect of a French-language separate district school board; or

(c) the person is entered on a preliminary list under section 50.1 in respect of a French-language public district school board. 1997, c. 31, s. 32.

Same

(2)  A person qualified to be an elector for a French-language district school board may not vote for members of an English-language district school board. 1997, c. 31, s. 32.

Entitlement to vote: general

58.9  (1)  The members of a district school board to be elected for a geographic area established under section 58.1 shall be elected by general vote of the electors qualified to vote in the geographic area for the members of that district school board. 1997, c. 31, s. 32.

Entitlement to vote: English-language public district school boards

(2)  The members of an English-language public district school board shall be elected by persons entitled under subsection 1 (10) to vote in the area of jurisdiction of the board who,

(a) are not qualified under subsection 58.8 (1) to be electors for a French-language district school board; and

(b) are not separate school supporters or persons entered on a preliminary list under section 54. 1997, c. 31, s. 32.

Entitlement to vote: English-language separate district school boards

(3)  The members of an English-language separate district school board shall be elected by persons entitled under subsection 1 (10) to vote in the area of jurisdiction of the board who,

(a) are not qualified under subsection 58.8 (1) to be electors for a French-language district school board; and

(b) are separate school supporters or persons entered on a preliminary list under section 54. 1997, c. 31, s. 32.

Entitlement to vote: French-language public district school boards

(4)  The members of a French-language public district school board shall be elected by persons entitled under subsection 1 (10) to vote in the area of jurisdiction of the board who,

(a) are qualified under subsection 58.8 (1) to be electors for a French-language district school board; and

(b) are not separate school supporters or persons entered on a preliminary list under section 54. 1997, c. 31, s. 32.

Entitlement to vote: French-language separate district school boards

(5)  The members of a French-language separate district school board shall be elected by persons entitled under subsection 1 (10) to vote in the area of jurisdiction of the board who,

(a) are qualified under subsection 58.8 (1) to be electors for a French-language district school board; and

(b) are separate school supporters or persons entered on a preliminary list under section 54. 1997, c. 31, s. 32.

PART III
SCHOOL AUTHORITIES — PUBLIC

District School Areas

District school area boards

59.  (1)  Every school section that is in a territorial district but is not in the area of jurisdiction of a public district school board or designated as a school section under section 68 is a district school area, and the board of each such school section is a public board and shall be known as a district school area board. R.S.O. 1990, c. E.2, s. 59 (1); 1997, c. 31, s. 34 (1).

Formation and alteration of district school area

(2)  In respect of the territorial districts, the Lieutenant Governor in Council may, by regulation,

(a) form any part thereof that is not in a school section into a district school area;

(b) combine two or more district school areas into one district school area;

(c) add a part thereof that is not in the area of jurisdiction of a public district school board to a district school area;

(d) detach a portion thereof from one district school area and attach it to another district school area or form it into a new district school area; or

(e) detach a portion thereof from a district school area. R.S.O. 1990, c. E.2, s. 59 (2); 1997, c. 31, s. 34 (2, 3).

Notification of assessment commissioner

(3)  Where a district school area is formed or altered under subsection (2), the Minister shall notify the assessment commissioner concerned. R.S.O. 1990, c. E.2, s. 59 (3); 1997, c. 31, s. 34 (4).

Arbitration

(4)  Where the boundaries of a district school area are altered in accordance with clause (2) (b) or (d), the Minister shall, by order, provide for arbitration of the assets and liabilities of the boards concerned. R.S.O. 1990, c. E.2, s. 59 (4).

Name of board

(5)  The board of a district school area is a corporation by the name of “The ...................... District School Area Board” or “Conseil du secteur scolaire de district de .....................” or both (inserting a name selected by the board and approved by the Minister). R.S.O. 1990, c. E.2, s. 59 (5).

New district school areas

60.  (1)  Where a district school area is formed under clause 59 (2) (b), upon the effective date of such formation the existing public boards in the new district school area are dissolved, and, subject to subsection 59 (4),

(a) the property vested in such boards is vested in the new district school area board; and

(b) all debts, contracts, agreements and liabilities for which such boards were liable become obligations of the district school area board. R.S.O. 1990, c. E.2, s. 60 (1); 1997, c. 31, s. 35.

Alteration and formation: disposition of assets and liabilities

(2)  Where the boundaries of a district school area are altered or a new district school area is formed under clause 59 (2) (d), upon the effective date of such alteration or formation, and, subject to subsection 59 (4),

(a) all real and personal property of the board situate in the part of the district school area that is detached is vested in the board of the district school area to which such part is attached, or in the board of the new district school area, as the case may be; and

(b) all debts, contracts, agreements and liabilities of the board in respect of the part of the district school area that is detached become obligations of the board of the district school area to which such part is attached or of the board of the new district school area, as the case may be. R.S.O. 1990, c. E.2, s. 60 (2).

Composition of district school area boards

61.  (1)  In this section and in sections 62 and 63,

“public school elector”, in relation to a district school area board, means a person who,

(a) resides in the area of jurisdiction of the board or is the owner or tenant of residential property in the area of jurisdiction of the board,

(b) is a Canadian citizen,

(c) is at least 18 years of age,

(d) is neither a separate school supporter nor a person entered on a preliminary list under section 54, and

(e) is not qualified under subsection 58.8 (1) to be an elector for a French-language district school board. 1997, c. 31, s. 36 (1).

Composition of board

(2)  Subject to subsections (3) and (4), a district school area board shall be composed of three members. R.S.O. 1990, c. E.2, s. 61 (2).

Idem

(3)  Where a school section that became a district school area on the 1st day of January, 1975, had a board of five members, the district school area board shall be composed of five members. R.S.O. 1990, c. E.2, s. 61 (3).

Increase in number of members

(4)  Before the 1st day of July of an election year, the board of a district school area may, by resolution approved at a meeting of the public school electors, determine that the number of members to be elected shall be increased from three to five and, at the next following election, five members shall be elected. R.S.O. 1990, c. E.2, s. 61 (4); 1997, c. 31, s. 36 (2).

Election year end term of office

(5)  The election of members of the board of a district school area shall be held in each year in which a regular election is held under the Municipal Elections Act, 1996 and the members shall hold office until the next regular election is held under that Act and their successors are elected under this Act and the new board is organized except that,

(a) where a new district school area is formed to take effect on the 1st day of January in a year that is not a year of a regular election under the Municipal Elections Act, 1996, the first members of such board shall be elected in the year preceding such 1st day of January and shall hold office until the next regular election is held under the Municipal Elections Act, 1996 and their successors are elected under this Act and the new board is organized; or

(b) where the boundaries of a district school area are altered to take effect on the 1st day of January in a year that is not a year in which a regular election is held under the Municipal Elections Act, 1996, a new district school area board shall be elected in the year preceding such 1st day of January and the members so elected shall hold office until the next regular election is held under the Municipal Elections Act, 1996 and their successors are elected under this Act and the new board is organized. R.S.O. 1990, c. E.2, s. 61 (5); 1997, c. 31, s. 36 (3).

Term of office

(6)  The term of office of members of the board of a district school area shall commence on the 1st day of December in the election year. R.S.O. 1990, c. E.2, s. 61 (6); 1997, c. 31, s. 36 (4).

Elections and meetings of electors

62.  (1)  Except as provided in section 63 and subject to subsection (4), a district school area board shall be elected at a meeting of the public school electors held on the second Monday in November or, where that day is Remembrance Day, on the next succeeding day in the year of an election at a time and place selected by the board. R.S.O. 1990, c. E.2, s. 62 (1).

Notice of meeting

(2)  At least six days before a meeting under subsection (1) or (6), the secretary of the board shall post notice of the meeting, including notice of any resolution required to be approved by the electors, in three or more of the most prominent places in the district school area and may advertise the meeting in such other manner as the board considers expedient. R.S.O. 1990, c. E.2, s. 62 (2).

Meeting

(3)  Meetings of public school electors shall be conducted in the manner determined by the public school electors present at the meeting by a presiding officer selected by such electors, but the election of members of the board shall be by ballot, and the minutes of the meeting shall be recorded by a secretary selected by such electors. R.S.O. 1990, c. E.2, s. 62 (3).

First meeting

(4)  Despite subsection 61 (5), the first meeting for the election of a board of a district school area formed or altered under subsection 59 (2) shall be held at a time and place named by a person, designated by the Minister, who shall make the necessary arrangements for the meeting and the person so elected shall hold office until the date the next regular election is held under the Municipal Elections Act, 1996 and their successors are elected under this Act and the new board is organized. R.S.O. 1990, c. E.2, s. 62 (4); 1997, c. 31, s. 37 (1).

Minutes to be sent to Ministry

(5)  A correct copy of the minutes of every meeting of the public school electors, signed by the presiding officer and the secretary of the meeting, shall, within ten days after the meeting, be transmitted by the presiding officer to the Ministry. R.S.O. 1990, c. E.2, s. 62 (5).

Special meetings

(6)  A special meeting of the public school electors shall be called by the secretary when directed by the board or upon the request in writing of five public school electors of the area, by posting notice of the meeting in three or more of the most prominent places in the district school area, and such notice shall include a clear statement of the date, time, place and objects of the meeting, and the meeting may be advertised in such other manner as is deemed necessary. R.S.O. 1990, c. E.2, s. 62 (6).

Declaration where right to vote objected to

(7)  If objection is made to the right of a person in territory without municipal organization to vote at a meeting under this section, or at an election under section 63, the presiding officer or the returning officer, as the case may be, shall require the person to make the following declaration in English or in French:

I, ................................, declare and affirm that:

1. I am a public school elector within the meaning of subsection 61 (1) of the Education Act in relation to The .............................. District School Area; and

2. I have a right to vote at this election (or on the question submitted to this meeting).

1997, c. 31, s. 37 (2).

Same

(7.1)  After making the declaration under subsection (7), the person is entitled to vote. 1997, c. 31, s. 37 (2).

Election procedures

(8)  Subsections 92 (8), (9), (10), (11), (12), (13), (15), (16), (17), (18), (19), (21) and (22) apply with necessary modifications to an election under this section. R.S.O. 1990, c. E.2, s. 62 (8).

Conduct of elections under Municipal Elections Act, 1996

63.  (1)  The election of the board of the district school area shall be conducted under the Municipal Elections Act, 1996 where a district school area comprises,

(a) a municipality;

(b) a municipality and territory without municipal organization;

(c) all or part of two or more municipalities; or

(d) all or parts of two or more municipalities and territory without municipal organization. 1997, c. 31, s. 38.

Same

(2