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Education Act

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

Consolidation Period: From April 27, 2008 to the e-Laws currency date.

Last amendment: 2008, c. 2.

SKIP TABLE OF CONTENTS

CONTENTS

Interpretation and Other General Matters

1.

Interpretation, other general matters

PART I
MINISTRY OF EDUCATION AND TRAINING

2.

Ministry continued

3.

Annual report

4.

Additions to enrolment in special cases

5.

Closing of school or class

8.

Powers of Minister

8.1

Collection and use of personal information

9.

Accounting statement related to assistance by Ministry

10.

Powers of Minister

10.1

Report on new teacher induction program

11.

Regulations

11.1

Regulations re provincial interest

12.

Agreements with Canada

13.

Schools for deaf, blind; demonstration schools

14.

Teacher education

15.

Leadership training camps

16.

Intention to operate private school

17.

Variation of scholarships and awards

17.1

Ontario Parent Council

PART II
SCHOOL ATTENDANCE

18.

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

19.

Closing of school or class by board

20.

Closing of schools on civic holiday

21.

Compulsory attendance

21.1

Transition, person who has already left school

22.

Where school year varied

24.

Provincial School Attendance Counsellor

25.

School attendance counsellors

26.

Powers and duties of counsellors

27.

Census

28.

Reports and information

29.

Provincial counsellor as trustee

30.

Offences: non-attendance

31.

Proceedings under s. 30: rules

32.

Resident pupil right to attend school

33.

Resident pupil qualification, elementary

34.

Kindergarten

35.

Resident pupil’s right to attend more accessible elementary school

36.

Resident pupil qualification, secondary

37.

Admission of adult resident who is not a resident pupil

38.

Limitation on right to attend without payment of fee

39.

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

40.

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

41.

Admission to secondary school

42.

Movement between types of boards: secondary school

43.

Movement between types of boards: overlapping areas

43.1

Regulations: supporter non-resident attendance rights

43.2

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

43.3

Regulations: attendance rights of 16 and 17 year olds

44.

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

45.

Admission where one parent is sole support

46.

Tax exempt land

46.1

Residence on defence property

47.

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

48.

Child in custody of corporation or society

48.1

Right to continue attending a school

49.

Fee payable

49.1

Persons unlawfully in Canada

49.2

Adult persons

PART II.1
MISCELLANEOUS

Provisions Relating to Public Boards

50.

Visitors

50.1

Residents other than supporters entitled to vote

Religious Instruction

51.

Religious instruction

Provisions Relating to Roman Catholic Boards

52.

Religious education

53.

Visitors

54.

Residents other than supporters entitled to vote

Student Trustees

55.

Student trustees

Territory Without Municipal Organization in Area of Jurisdiction of a School Authority

56.

Regulations

Special Education Tribunals and Advisory Committees

57.

Special Education Tribunals

57.1

Special education advisory committees

Education Relations Commission

57.2

Education Relations Commission

Municipal Charges

58.

Municipal charges

PART II.2
DISTRICT SCHOOL BOARDS

58.1

Regulations: district school boards

58.2

Transition, including transfers from old boards to district school boards

58.3

Purpose of authority under clauses 58.1 (2) (p), (q), s. 58.2

58.4

General or particular: ss. 58.1 and 58.2

58.5

Corporate status

58.6

District school boards deemed to be local boards

58.7

Conduct of elections

58.8

Electors for French-language district school boards

58.9

Entitlement to vote: general

PART III
SCHOOL AUTHORITIES — PUBLIC

District School Areas

59.

District school area boards

60.

New district school areas

61.

Composition of district school area boards

62.

Elections and meetings of electors

63.

Conduct of elections under Municipal Elections Act, 1996

64.

Elections

66.

District school area board to be inactive

Secondary School Authorities

67.

Secondary school districts

School Authorities on Tax Exempt Land

68.

Schools on exempt land

PART IV
SCHOOL AUTHORITIES — ROMAN CATHOLIC

Zones

78.

Boundaries of zones

Formation And Discontinuance of Zones

80.

Establishment of separate school zones

81.

Powers of board members

82.

Right to vote in year of establishment of zone

83.

Legislative grants

84.

Formation of combined separate school zones

85.

Detaching school zone from combined school zone

86.

Discontinuing school authority: vote of supporters

86.1

Regulation

Separate School Electors

88.

Residing outside municipality

Rural Separate Schools

89.

Rural separate school boards

90.

Duties, rural boards

92.

Annual meeting

93.

Where municipality may conduct election

Combined Separate School Zones

94.

Secretary of board as returning officer

95.

Board members where combined zone is formed or altered

PART IV.1
EXTENSION OF ROMAN CATHOLIC ELEMENTARY SCHOOLS

Separate School Extension Post-1997

96.

Plan re secondary school

135.

Rights relating to separate school extension

135.1

Interpretation: references to ten school year period and to Roman Catholic school board

137.

Enforcement

PART V
SCHOOL AUTHORITIES — PROTESTANT

158.

Establishment of Protestant separate school

159.

Protestant board: share of legislative grants

164.

Qualification of a voter

165.

Members of board

166.

Corporate name of board

167.

Powers of board

167.1

Attendance rights

168.

Discontinuing board

169.

Application of other sections

PART VI
BOARDS

Duties and Powers

170.

Duties of boards

170.1

Class size

170.2

Minimum teaching time

170.3

Teachers’ assistants, etc.

171.

Powers of boards

171.1

Agreements to co-operate

173.

Establishment of scholarships, etc.

Benefits

176.

Insurance: accident, liability, etc.

177.

Insurance for employees

178.

Pensions

179.

Retirement allowances

180.

Sick leave credits

Agreements

181.

Agreements to provide accommodation or services for another board

182.

Transfer of French-language secondary school

183.

Agreements for joint use, etc.

184.

Agreement for education at other school

185.

Admission of pupils to Indian schools

186.

Closing of school by board

187.

Agreements re pupils in federal establishments

188.

Agreements re education of Indian pupils

189.

Agreements for adult basic education

189.1

Agreements re equivalent learning

Transportation

190.

Transportation of pupils

Honoraria

191.

Honorarium for members of boards

191.2

Expenses

191.3

Deemed expenses

Property

192.

Property vested in board for school purposes

193.

Dealings with property

194.

Dealings with property

195.

Dealings with property

196.

Agreement for multi-use building

Out-of-Classroom Programs

197.

Dealings with land for out-of-classroom programs

Officers

198.

Duties of officers

199.

Responsibility of officers

School Board Advisory Committees

200.

Definition

201.

Establishment of committee

202.

Composition

203.

Committee process

204.

Resources provided by board

205.

Powers of committee

Access to Meetings and Records

207.

Open meetings of boards

Board Meetings

208.

Board meetings

208.1

Regulations: electronic meetings

209.

Declaration

Arbitrators

210.

Arbitrators to send copy of award to board, etc.

Offences and Penalties

211.

False declaration

212.

Disturbances

213.

Acting while disqualified, etc.

217.

Promotion or sale of books, etc., by employees of board or Ministry to board, pupil, etc., prohibited

Validity of Elections

218.

Application for declaration that seat vacant

PART VII
BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES

219.

Qualifications of members

220.

Members to remain in office

221.

Vacancies

222.

Elections for three member boards

223.

Vacancy in rural separate school board before incorporation

224.

Vacancies near election times

225.

Election to fill vacancy

226.

Appointment of board members on failure of qualified person

227.

Tie vote

228.

Seat vacated by conviction, absence etc.

229.

In person attendance required

PART VIII
COMPLIANCE WITH BOARD OBLIGATIONS

230.

Investigation, board compliance with certain requirements

230.2

Appointment of investigator

230.3

Minister’s powers on reviewing report: directions

230.4

Vesting order

230.5

Control exercisable by Minister

230.6

Exercise of board jurisdiction subject to order

230.7

Exclusive jurisdiction

230.8

Powers of Minister

230.9

Forms of certificates, notices, etc.

230.10

Powers exercisable for and in name of board

230.11

Minister to have access to all records

230.12

Powers to enforce directions, orders, etc.

230.13

Injunction against exercise of board powers

230.14

Combining board offices

230.15

Expenses

230.16

Conflict

230.17

Revocation of order

230.18

Legislation Act, 2006, Part III

230.19

Denominational, linguistic and cultural issues

PART IX
FINANCE

DIVISION A
GENERAL

Estimates

230.20

Fiscal year

231.

Estimates

232.

Regulations re estimates

233.

Reserve following strike, lock-out

Legislative and Municipal Grants

234.

Legislative grants

235.

Boards to share in municipal grants

Board Support

236.

Notice re status as supporter

237.

School support, partnership or corporation other than designated ratepayer

238.

School support, designated ratepayers

239.

Tenant support re distribution of amounts levied

School Rate: Certain Circumstances

240.

School rate: certain circumstances

Borrowing and Investment by Boards

241.

Investment powers

242.

Debt, financial obligation and liability limits

243.

Current borrowing

244.

Provincial guarantee of debentures etc.

245.

Payments re certain debentures

246.

Rules re certain debentures

247.

Borrowing for permanent improvements

248.

Corporation to assist with board financing

249.

Agreements

Miscellaneous Board Revenues

250.

Fees or charges for trailers in municipality

251.

Fee for trailers in territory without municipal organization

Financial Administration of Boards

252.

Financial statements

253.

Appointment of auditor

254.

Custody of books, etc.

Miscellaneous

255.

Recreation committees

256.

Rates for certain public libraries

257.

Court proceeding

257.1

When fees payable by boards

257.2

Transition: notice of support by certain partnerships, corporations

257.2.1

Tax relief, etc., in unorganized territory

257.3

Regulations re transitional matters

257.4

Type of board for Assessment Act purposes

DIVISION B
EDUCATION TAXES

Education Taxes

257.5

Definitions

257.6

Property taxable for school purposes

257.7

Levying of tax rates for school purposes

257.8

Business property, distribution of amounts levied

257.9

Residential property, distribution of amounts levied

257.10

Powers of municipality, board levying rates

257.10.1

Territory without municipal organization

257.11

When amounts paid to boards

257.12

Regulations, Minister of Finance

257.12.1

Requisitions for amounts on business property

257.12.2

School tax rates for commercial and industrial classes

257.12.3

Vacant unit rebate

257.13

Deferrals

257.13.1

Reductions

257.13.2

Regulations, unpaid taxes in territory being organized

257.14

Regulations, Minister of Education and Training

DIVISION C
TAXES SET BY BOARDS

257.15

Interpretation

257.16

Rates set by boards

257.17

Assessment rateable under s. 257.16

257.18

Agreements with municipalities re collection

257.19

Collection powers of boards

257.20

Designation by individuals re business property

257.21

Limitation on s. 257.20 where residential property assessed

257.22

Designation by corporations sole re business assessment

257.23

Assessment of certain tenants

257.24

Tenant priority

257.25

Regulations re property classes and tax ratios

257.26

Determination of rates

257.27

Regulations

257.28

Borrowing powers of Roman Catholic boards

257.29

Notice to assessment commissioner

DIVISION D
SUPERVISION OF BOARDS’ FINANCIAL AFFAIRS

257.30

Investigation of board’s financial affairs

257.31

Minister’s powers on reviewing report: directions

257.32

Vesting order

257.33

Control exercisable by Minister

257.34

Powers of Minister re debt

257.35

Certain debenture and other debt not to form part of debt after order of Minister

257.36

Variation or cancellation of subsisting agreements

257.37

Minister to approve debenture, instrument issues

257.38

Minister to have control over money and its application

257.39

Exercise of board jurisdiction subject to order

257.40

Exclusive jurisdiction

257.41

Powers of Minister

257.42

Forms of certificates, notices, etc.

257.43

Powers exercisable for and in name of board

257.44

Minister to have access to all records

257.45

Powers to enforce orders

257.46

Injunction against exercise of board powers

257.47

Combining board offices

257.48

Expenses

257.49

Conflict

257.50

Revocation of order

257.51

Legislation Act, 2006, Part III

257.52

Denominational, linguistic and cultural issues

DIVISION E
EDUCATION DEVELOPMENT CHARGES

Definitions

257.53

Interpretation

Education Development Charge By-laws

257.54

Education development charge by-law

257.55

Exemption for industrial development

257.56

When by-law effective

257.57

If jurisdiction divided into regions

257.58

Duration of education development charge by-law

257.59

Contents of by-law

Process Before Passing of By-laws

257.60

Review of policies

257.61

Education development charge background study

257.62

By-law within one year after study

257.63

Public meeting before by-law passed

Appeal of By-laws

257.64

Notice of by-law and time for appeal

257.65

Appeal of by-law after passed

257.66

Secretary’s duties on appeal

257.67

OMB hearing of appeal

257.68

When OMB ordered repeals, amendments effective

257.69

Refunds, if OMB repeals by-law, etc.

Amendment of By-laws

257.70

Amendment of by-law

257.71

When amendment effective

257.72

Process before passing amendment

257.73

Notice of amendment and time for appeal

257.74

Appeal of amending by-law after passed

257.75

Secretary’s duties on appeal

257.76

OMB hearing of appeal

257.77

When OMB ordered repeals, amendments effective

257.78

Refunds, if OMB repeals by-law, etc.

257.79

Non-application of certain provisions to OMB amendments

Collection of Education Development Charges

257.80

When charge payable

257.81

Who charge payable to

257.82

Education development charge reserve funds

257.83

Withholding of building permit until charge paid

257.84

Land given for credit

Complaints about Education Development Charges

257.85

Complaint to council of municipality

257.86

Notice of decision and time for appeal

257.87

Appeal of council’s decision

257.88

Clerk’s duties on appeal

257.89

OMB hearing of appeal

257.90

Refund if education development charge reduced

257.91

Payment if education development charge increased

Special Cases

257.92

Territory without municipal organization

257.93

Areas where province issues building permits

Miscellaneous

257.94

Different types of boards treated the same

257.95

Registration of by-law

257.96

Recovery of unpaid amounts, lien on land

257.97

Reports by municipalities to boards

257.98

Statement of treasurer

257.99

Board may borrow from reserve fund

257.100

No right of petition

257.101

Regulations

Transitional Provisions

257.102

Interpretation

257.103

By-law under the old Act

257.104

Certain old requests, appeals

257.105

Regulations, transition

DIVISION F
REVIEW OF EDUCATION FUNDING

257.106

Operation of Division C

257.107

Legislative committee review

PART X
TEACHERS, PUPIL RECORDS AND EDUCATION NUMBERS

Teachers

261.

Probationary period

262.

Membership in Ontario College of Teachers

263.

Termination of contract where welfare of school involved

Duties

264.

Duties of teacher

265.

Duties of principal

Pupil Records

266.

Pupil records

Ontario Education Numbers

266.1

Definition of “personal information”

266.2

Assignment of numbers

266.3

Privacy re education numbers

266.4

Offence

266.5

Regulations

PART X.0.1
NEW TEACHER INDUCTION

267.

Interpretation

268.

New teacher induction program

269.

Principal’s role

270.

Teacher participation

271.

Minister’s guidelines

272.

Board to report to College

273.

Regulations

274.

Transitional provisions

275.

Implementation of program

276.

Application of old s. 277.29

276.1

Teacher new to the board

276.2

Teacher new to the profession

PART X.1
TEACHERS’ COLLECTIVE BARGAINING

Interpretation

277.1

Interpretation

Collective Bargaining

277.2

Labour Relations Act, 1995

277.3

Teachers’ bargaining units, district school boards

277.4

Teachers’ bargaining units, school authorities

277.5

Occasional teachers

277.6

Elementary Teachers’ Federation of Ontario

277.7

Combined bargaining unit

277.8

Appropriate bargaining units, bargaining agents

277.9

Joint negotiations

277.10

Arbitration

277.11

Terms of collective agreements

277.13

Conflict

277.13.1

Enforcement of Part X.1

PART X.2
TEACHER PERFORMANCE APPRAISAL

Miscellaneous

277.14

Purpose of Part

277.15

Interpretation

277.16

Application to certain schools

277.17

Delegation of principal’s duties, powers

277.18

Delegation of supervisory officer’s duties, powers

277.19

Appraisals by different individuals

277.20

Board rules, certain circumstances

277.21

Regulations, certain circumstances

277.22

Board policies and rules, general

277.23

Compliance with timelines

Application to Boards and Teachers

277.24

Initial application

277.25

Application starting 2002

277.26

Application starting 2003

277.27

Application, 2004

Performance Appraisals

277.28

Appraisals, teachers other than new teachers

277.29

New teacher appraisals

277.30

Evaluation cycle begins

Standards, Methods and Results of Performance Appraisals

277.31

Regulations: standards, methods and results

277.32

Additional competencies, processes, etc.

277.33

Minister’s guidelines

277.34

Performance appraisal document, etc.

Process Following Unsatisfactory Rating

277.35

Interpretation, school days

277.36

Initial unsatisfactory rating

277.37

Second unsatisfactory rating

277.38

Review status

277.39

Board decision

277.40

Notice to Ontario College of Teachers

Process Following Rating That is Not Satisfactory – New Teachers

277.40.1

Initial not satisfactory rating

277.40.2

Second not satisfactory rating

277.40.3

Review status

277.40.4

Board decision

277.40.5

Notice to Ontario College of Teachers

Arbitration

277.41

Arbitration under collective agreements

Records of Performance Appraisals

277.42

Board to receive copies of appraisals

277.43

Boards to request copies of appraisals

277.44

Regulations

Information

277.45

Information

PART XI
SUPERVISORY OFFICERS

278.

Qualifications of supervisory officers

279.

Supervisory officers and director of education: district school boards

280.

Appointment of director of education: school authorities

283.

Chief executive officer

284.

Supervisory officers: school authorities

285.

Responsibility of supervisory officer

286.

Duties of supervisory officers

287.

Suspension or dismissal of supervisory officer by board

287.1

Principals, vice-principals

PART XI.1
PERFORMANCE APPRAISAL OF PRINCIPALS, VICE-PRINCIPALS AND SUPERVISORY OFFICERS

287.2

Purpose of Part

287.3

Interpretation

287.4

Regulations: performance appraisals, principals, etc.

287.5

Additional competencies, processes, etc.

287.6

Minister’s guidelines

287.7

Interpretation of Part

PART XII
LANGUAGE OF INSTRUCTION

Provisions Relating to District School Boards

288.

French-language district school boards

289.

English-language district school boards

Provisions Relating to School Authorities

290.

Language of instruction: school authorities other than s. 67 boards

291.

Language of instruction: s. 67 boards

Provisions Relating to District School Boards and School Authorities

292.

English as a subject of instruction

293.

Admission of pupils other than French-speaking persons where French is language of instruction

French-Language Rights Holder Groups

294.

French-language rights holders groups

Languages of Instruction Commission of Ontario

295.

Commission continued

296.

Mediators

297.

Duties of Commission and of school authority

298.

Second resolution by school authority

299.

Reconsideration by Commission

PART XIII
BEHAVIOUR, DISCIPLINE AND SAFETY

300.

Interpretation

301.

Provincial code of conduct

302.

Board’s policies and guidelines governing conduct

303.

Local codes of conduct

304.

Opening and closing exercises at schools

305.

Access to school premises

Suspension

306.

Activities leading to possible suspension

307.

Only one suspension per occurrence

308.

Notice of suspension

309.

Appeal of suspension

Suspension, Investigation and Possible Expulsion

310.

Activities leading to suspension

311.

Notice of suspension

311.1

Investigation following suspension

311.2

Appeal of suspension

311.3

Expulsion hearing by board

311.4

If pupil not expelled

311.5

If pupil expelled

311.6

Notice of expulsion

311.7

Appeal of expulsion

312.

Programs for suspended, expelled pupils

313.

Status of expelled pupil

314.

Powers of other board

314.1

Return to school after expulsion

314.2

Clarification: successful completion of program

314.3

Return to original school after expulsion

314.4

Clarification: resident pupils

314.5

Transitional provisions

314.6

Old Part XIII applies

314.7

Expulsions under old Part XIII

314.8

Pupil subject to limited expulsion

314.9

Pupil subject to full expulsion

314.10

Regulations – transitional

315.

Personal information

316.

Regulations

PART XIII.1
NUTRITIONAL STANDARDS

317.

Interpretation

318.

Trans fat prohibition

319.

Vending machines

320.

Regulations

PART XIV
MATTERS RELATED TO 1997-1998 SCHOOL SYSTEM REFORMS

Education Improvement Commission

334.

Education Improvement Commission

335.

Function of Commission

344.

Legislation Act, 2006, Part III

346.

Protection from liability

347.

Personal information

350.

When Education Improvement Commission power may be exercised

Transitional Authority of District School Boards

351.

Authority of district school boards before 1998

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&#