Bill 160, Education Quality Improvement Act, 1997

Johnson, Hon. David John Minister of Education and Training

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As Amended by Standing Committee

[36] Bill 160 As Amended by Standing Committee (PDF)

Bill 160 1997

An Act to reform the education

system, protect classroom funding,

and enhance accountability, and make

other improvements consistent with

the Government's education quality

agenda, including improved student

achievement and regulated class size

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

AMENDMENTS TO THE EDUCATION ACT

(Note: This Table of Contents is to the Education Act, as it would be amended by this bill.)

1. (1) Subsection 1 (1) of the Education Act, as amended by the Statutes of Ontario, 1992, chapter 16, section 1, 1993, chapter 11, section 8, 1993, chapter 23, section 67, 1996, chapter 12, section 64, 1996, chapter 32, section 70 and 1997, chapter 3, section 2, is repealed and the following substituted: Definitions

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

"assessment commissioner" means the assessment commissioner appointed under the Assessment Act for the region in which the board or part of the board is situated; ("commissaire l'valuation")

"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")

"business property" means business property as defined in section 257.5; ("bien d'entreprise")

"combined separate school zone" means a union of two or more separate school zones; ("zone unifie d'coles spares")

"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'ducation 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'ducation 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; ("crdit")

"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; ("dpenses 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

"district municipality" means a municipality, except a city, in a territorial district; ("municipalit 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,

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

"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'ducation")

"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; ("cole lmentaire")

"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

"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")

"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

"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 franaise")

"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 franaise")

"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 franaise")

"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 franaise")

"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 lis au franais")

"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 spars de langue franaise")

"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; ("sige")

"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 intermdiaire")

"judge" means a judge of the Ontario Court (General Division); ("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; ("ministre")

"municipality" means a city, town, village or township; ("municipalit")

"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 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,

(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); ("amlioration permanente")

"permanent teacher" means a teacher employed by a board under a permanent teacher's contract made in accordance with the regulations and includes a teacher whose contract is deemed to include the terms and conditions contained in the form of contract prescribed in the regulations for a permanent teacher; ("enseignant permanent")

"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'cole")

"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; ("cole prive")

"probationary teacher" means a teacher employed by a board under a probationary teacher's contract made in accordance with the regulations; ("enseignant stagiaire")

"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; ("cole 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

"regulations" means the regulations made under this Act; ("rglements")

"reserve fund" means a reserve fund established under section 163 of the Municipal Act\; ("fonds de rserve")

"residential property" means residential property as defined in section 257.5; ("bien rsidentiel")

"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; ("cole spare rurale")

"rural separate school zone" means a separate school zone in respect of a rural separate school; ("zone d'cole spare 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; ("cole")

"school authority" means,

(a) a board of a district school area,

(b) a board of a rural separate school,

(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; ("anne 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; ("cole secondaire")

"secondary school district" means the area in which a public board has jurisdiction for secondary school purposes; ("district d'coles secondaires")

"secretary" and "treasurer" include a secretary-treasurer; ("secrtaire", "trsorier")

"senior division" means the division of the organization of a school comprising the years of the program of studies following the intermediate division; ("cycle suprieur")

"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 spar")

"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; ("cole spare")

"separate school supporter" means an English-language Roman Catholic board supporter or a French-language separate district school board supporter; ("contribuable des coles spares")

"separate school zone" means the area of jurisdiction of a Roman Catholic board; ("zone d'coles spares")

"separated town" means a town separated for municipal purposes from the county in which it is situated; ("ville spare")

"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 l'enfance en difficult")

"special education services" means facilities and resources, including support personnel and equipment, necessary for developing and implementing a special education program; ("services l'enfance en difficult")

"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")

"urban municipality" means a city, town or village. ("municipalit urbaine")

(2) The definition of "permanent teacher" in subsection 1 (1) of the Act, as re-enacted by subsection (1), is repealed.

(3) The definition of "probationary teacher" in subsection 1 (1) of the Act, as re-enacted by subsection (1), is repealed.

(4) Section 1 of the Act, as amended by the Statutes of Ontario, 1992, chapter 16, section 1, 1993, chapter 11, section 8, 1993, chapter 23, section 67, 1996 chapter 12, section 64, 1996, chapter 32, section 70 and 1997, chapter 3, section 2, is further amended by adding the following subsections: 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 permanent, probationary, continuing education or temporary teacher 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. Same

(1.2) On a day to be named by proclamation of the Lieutenant Governor, subsection (1.1) is repealed and the following substituted: 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,

(4.1) Section 1 of the Act, as amended by the Statutes of Ontario, 1992, chapter 16, section 1, 1993, chapter 11, section 8, 1993, chapter 23, section 67, 1996, chapter 12, section 64, 1996, chapter 32, section 70, 1997, chapter 3, section 2 and 1997, chapter 22, section 1 is further amended by adding the following subsection: 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. y

(5) Subsection 1 (6) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 9, is repealed and the following substituted: 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).

(6) Subsections 1 (8), (9) and (10) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 2, and amended by section 1 of Bill 158 (Education Voting Rights Act (Cottagers and Others), 1997), if enacted, are repealed and the following substituted: Entitlement to vote based on residence

(8) Despite any provision of this Act, except subsection (9), or of any other Act, including subclause 17 (2) (a) (ii) 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 at some time during the qualification period. 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. Entitlement to vote in the area of jurisdiction of a board

(10) For the purposes of sections 50.1, 54, 58.7 and 58.8, a person is entitled to vote in the area of jurisdiction of a board if he or she,

(a) at any time during the qualification period resides in the area or is a person to whom subsection (9) applies; and

(b) on voting day,

(i) is a Canadian citizen,

(ii) is at least 18 years old, and

(iii) is not a person referred to in subclause 17 (2) (b) (iii) of the Municipal Elections Act, 1996. Interpretation

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

(a) "resides" and "qualification period" have the same meaning as in section 17 of the Municipal Elections Act, 1996\; and

(b) a person who changes residence from the area of jurisdiction of one board to the area of jurisdiction of another board during the qualification period is entitled to vote only in the area of jurisdiction where he or she resides last. Trustee

(12) A member of a board may be referred to as a trustee for any purpose related to this Act.

2. The heading to Part I of the Act is repealed and the following substituted:

PART I

MINISTRY OF EDUCATION AND TRAINING

3. Subsection 2 (1) of the Act is repealed and the following substituted: Ministry continued

(1) The ministry of the public service known in English as the Ministry of Education and Training and in French as ministre de l'ducation et de la Formation is continued.

4. The English version of subsection 5 (2) of the Act is amended by striking out "general" in the fourth line.

5. Sections 6 and 7 of the Act are repealed.

6. (1) Subsection 8 (1) of the Act, as amended by the Statutes of Ontario, 1991, chapter 10, section 1, 1992, chapter 16, section 2, 1992, chapter 27, section 59, 1993, chapter 11, section 10, 1995, chapter 4, section 2, 1996, chapter 11, section 29, 1996, chapter 12, section 64 and 1996, chapter 13, section 1, is further amended by adding the following paragraph: 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.

(1.1) Subsection 8 (1) of the Act, as amended by the Statutes of Ontario, 1991, chapter 10, section 1, 1992, chapter 16, section 2, 1992, chapter 27, section 59, 1993, chapter 11, section 10, 1995, chapter 4, section 2, 1996, chapter 11, section 29, 1996, chapter 12, section 64, 1996, chapter 13, section 1 and 1997, chapter 16, section 5 is further amended by adding the following paragraphs: 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; policies and guidelines: policies re electronic meetings

3.6 establish policies and guidelines for the development and implementation of district school board policies dealing with the use of electronic means for the holding of meetings of a district school board and meetings of a committee of a district school board, including a committee of the whole board, and require district school boards to comply with the policies and guidelines. y

(2) Subsection 8 (1) of the Act is further amended by adding the following paragraph: fees re correspondence courses

17.1 provide for fees in relation to anything referred to in paragraph 17.

(3) Paragraph 27.1 of subsection 8 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 13, section 1, is repealed and the following substituted: 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

27.2 issue guidelines respecting the form and content of a report referred to in paragraph 27.1.

(4) Paragraph 30, as amended by the Statutes of Ontario, 1992, chapter 27, section 59, paragraphs 31 and 32 and paragraph 34, as enacted by 1991, chapter 10, section 1, of subsection 8 (1) of the Act, are repealed and the following substituted: duties of auditors

30. prescribe the duties to be performed by auditors appointed under section 253.

(5) Subsection 8 (2) of the Act is repealed.

7. (1) Paragraph 14 of subsection 11 (1) of the Act is repealed.

(2) Paragraph 20 of subsection 11 (1) of the Act is amended by striking out "and secondary" in the third line and by striking out "public school board or a secondary school board" in the seventh and eighth lines and substituting "public board".

(3) Subsection 11 (3), as amended by the Statutes of Ontario, 1991, chapter 10, section 2 and 1994, chapter 27, section 108, and subsections 11 (4), (5) and (6) of the Act are repealed and the following substituted: Regulations, fees

(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). Same

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

(a) may be general or particular;

(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.

(4) Subsection 11 (7) of the Act is repealed and the following substituted:

b School year, terms, holidays, etc.

(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 and instructional 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. Same

(7.1) A school calendar prepared under a regulation made under clause (7) (d) shall not provide for,

(a) more than 10 examination days in any school year determined in respect of a school under the regulations made under subsection (7); or

(b) more than 4 professional activity days in any school year determined in respect of a school under the regulations made under subsection (7). y

(5) Subsection 11 (10) of the Act is repealed.

(6) Subsection 11 (13) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 41, section 1, is repealed.

(7) Subsection 11 (14) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 41, section 1, and amended by 1994, chapter 1, section 22, is repealed.

(8) Subsection 11 (15) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 41, section 1, is repealed.

(9) Subsection 11 (15.1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 22, is repealed.

(10) Subsection 11 (16), as re-enacted by the Statutes of Ontario, 1993, chapter 41, section 1, and subsection 11 (18) of the Act are repealed.

8. (1) Subsection 14 (2) of the Act is amended by striking out "that operates a public, separate or secondary school" in the second and third lines.

(2) Subsection 14 (3) of the Act is amended by striking out "that operates a public, separate or secondary school" in the third and fourth lines.

(3) Subsection 14 (3.1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 12, section 64, is amended by striking out "that operates a public, separate or secondary school" in the fourth and fifth lines.

9. (1) Subsection 17 (1) of the Act is amended by striking out "Treasurer of Ontario" in the second and third lines and substituting "Minister of Finance" and by striking out "recommendation of the Minister" in the closing flush and substituting "recommendation of the Minister of Education and Training".

(2) Clause 17 (1) (c) of the Act is amended by striking out "divisional board of education" at the end and substituting "district school board".

(3) Subsection 17 (2) of the Act is amended by striking out "recommendation of the Minister" in fifth line and substituting "recommendation of the Minister of Education and Training" and by striking out "Treasurer of Ontario" in the ninth and tenth lines and substituting "Minister of Finance".

10. Section 19 of the Act is amended by adding the following subsections: 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

' Teachers' salary

(4) 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).

' Definition

(6) In this section,

"strike" and "lock-out" have the same meaning as in the Labour Relations Act, 1995.

11. Section 29 of the Act is amended by striking out "has neglected or failed to raise the necessary funds for the provision of such accommodation and instruction" in the seventh, eighth and ninth lines and by striking out "and for the levying of all sums of money required for the purposes of the board" in the twenty-first, twenty-second and twenty-third lines.

12. (1) Subsection 30 (2) of the Act is amended by striking out "Treasurer of Ontario" in the fourth line and substituting "Minister of Finance".

(2) Subsection 30 (5) of the Act is repealed and the following substituted: Habitually absent from school

(5) A child who is required by law to attend school and who refuses to attend or who is habitually absent from school is 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.

13. Section 32 of the Act is repealed and the following substituted: 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. 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.

14. Section 33 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 13, is repealed and the following substituted: 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. 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

(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. y 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. 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. 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. 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.

15. Section 34 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 14 and 1996, chapter 13, section 2, is repealed and the following substituted: 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. 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. 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.

16. The Act is amended by adding the following section: 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. 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. 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.

17. Section 36 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 16, is repealed and the following substituted: 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;

(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 over 18 years of age and has resided in the secondary school district for the 12 months immediately before the person's admission to a secondary school in the secondary school district or to a secondary school operated by another board,

(i) to which the board of the secondary school district pays fees on the person's behalf, or

(ii) with which the board of the secondary school district has an agreement relating to the provision of education to the person. 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; y

(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 over 18 years of age and has resided in the secondary school district for the 12 months immediately before the person's admission to a secondary school in the secondary school district or to a secondary school operated by another board,

(i) to which the board of the secondary school district pays fees on the person's behalf, or

(ii) with which the board of the secondary school district has an agreement relating to the provision of education to the person. 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;

(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 over 18 years of age and has resided in the separate school zone for the 12 months immediately before the person's admission to a secondary school in the separate school zone or to a secondary school operated by another board,

(i) to which the board of the separate school zone pays fees on the person's behalf, or

(ii) with which the board of the separate school zone has an agreement relating to the provision of education to the person. 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;

(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 over 18 years of age and has resided in the separate school zone for the 12 months immediately before the person's admission to a secondary school in the separate school zone or to a secondary school operated by another board,

(i) to which the board of the separate school zone pays fees on the person's behalf, or

(ii) with which the board of the separate school zone has an agreement relating to the provision of education to the person. 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. 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. 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). 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.

18. Sections 37, 38 and 39 of the Act are repealed and the following substituted: 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. 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. 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. 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). Types of schools

(2) For the purposes of subsection (1), the types of schools are as set out in subsection 37 (2). Restrictions

(3) Subsection (1) applies where the appropriate supervisory officer certifies that there is adequate accommodation for the person in the school. 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.

19. Section 40 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 17 and 1996, chapter 13, section 3, is repealed and the following substituted: 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. Same

(2) For the purposes of subsection (1), the types of schools are as set out in subsection 37 (2). 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. 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.

20. Sections 41 and 42 of the Act are repealed and the following substituted: Admission to secondary school

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

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

(4.1) 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. Secondary school instruction: movement from English-language public board to French-language separate district school board

(4.2) 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. Secondary school instruction: movement from French-language public district school board to English-language separate district school board

(4.3) 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. Secondary school instruction: movement from English-language separate district school board to French-language public district school board

(4.4) 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. y 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 secondary school education under this section. 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. Exemption from religious studies

(7) 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. Same

(8) 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 (7) (a) or (b) is considered to have enrolled in all of the school's programs and courses of study in religious education. Additional exemptions

(9) In addition to the exemptions provided for in subsection (7), 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 where a parent or guardian of the person, or the person where the person is an adult, applies in writing to the Roman Catholic board for exemption of the person from taking part.

21. Section 43 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 18, is repealed and the following substituted: 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. 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. 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. 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. 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. 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. 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.

b General or particular

(2) A regulation made under subsection (1) may be general or particular. 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. 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). y 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. General or particular

(2) A regulation made under this section may be general or particular.

22. Sections 44, 45, 46 and 47 of the Act are repealed and the following substituted: 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. 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. 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. 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. 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. 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. Residence on defence property

46.1 (1) In this section,

"defence property" means the prescribed lands and premises of defence establishments belonging to Canada. 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. 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. Regulations

(4) The Lieutenant Governor in Council may make regulations respecting any matter that is referred to in this section as prescribed. Retroactive

(5) A regulation is, if it so provides, effective with respect to a period before it is filed. Admission of ward, etc., of children's aid society or training school to an elementary school

47. (1) A child who is a ward of a children's aid society, is in the care of a children's aid society or is a ward of a training school, 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. Admission of ward, etc., of children's aid society or training school to a secondary school

(2) A child who is a ward of a children's aid society, is in the care of a children's aid society or is a ward of a training school, 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.

23. Section 48 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 19, is repealed and the following substituted: 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. 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.

b 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. y 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. 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. 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

(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.

24. (1) Subsections 49 (1), (2) and (3) of the Act are repealed and the following substituted: Fee payable

(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. 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.

(2) Subsection 49 (4) of the Act is amended by striking out "a fee calculated in accordance with the regulations" at the end and substituting "the fee, if any, payable for the purpose under the regulations".

(3) Subsection 49 (5) of the Act is amended by striking out "a fee calculated in accordance with the regulations" at the end and substituting "the fee, if any, payable for the purpose under the regulations".

25. Clause 49.2 (2) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 13, section 4, is amended by striking out "subsection 11 (3)" in the third and fourth lines and substituting "section 234".

26. The heading to Part III of the Act is repealed and the following substituted:

PART II.1

MISCELLANEOUS

27. Section 50 of the Act is repealed and the following substituted: 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. Same

(2) A member of the Assembly may visit a public school in the member's constituency. Same

(3) A member of the clergy may visit a public school in the area where the member has pastoral charge. 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. 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.

28. Sections 52 and 53 of the Act are repealed and the following substituted: 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. 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. Same

(2) A member of the Assembly may visit a Roman Catholic school in the member's constituency. 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.

29. Section 54 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 108, is repealed and the following substituted: 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. 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.

30. Section 55 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 70, is repealed and the following substituted: Representation of Pupils on Boards

b Regulations: pupil representatives

55. (1) The Lieutenant Governor in Council may make regulations providing for representation on boards, by peer election or by appointment, of the interests of pupils in the last two years of the intermediate division and in the senior division. y Same

(2) A regulation under this section may,

(a) provide for the type and extent of participation by the persons elected or appointed; and

(b) authorize boards to reimburse the persons elected or appointed for all or part of their out-of-pocket expenses reasonably incurred in connection with carrying out the responsibilities of pupil representatives, subject to such limitations or conditions as may be specified in the regulation. Same

(3) A regulation under this section shall not give voting rights to pupil representatives.

b Same

(3.1) In a regulation under this section, the Lieutenant Governor in Council may provide for any matter by authorizing a board to develop and implement a policy with respect to the matter. y Same

(4) A pupil representative on a board is not a member of the board and is not entitled to be present at a meeting that is closed to the public under section 207.

31. Sections 56, 57 and 58 of the Act are repealed and the following substituted: 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. Special Education Tribunals and Advisory Committees Establishment of Special Education Tribunals

57. (1) The Lieutenant Governor in Council shall establish one or more Special Education Tribunals. 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

(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. 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. Decision final

(5) The decision of the Special Education Tribunal is final and binding on the parties to the decision. Special education advisory committees

57.1 (1) Every district school board shall establish a special education advisory committee. Same

(2) The Lieutenant Governor in Council may make regulations requiring school authorities to establish special education advisory committees. 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;

(d) the duties of district school boards or school authorities in relation to special education advisory committees. 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. Municipal Charges Municipal charges

58. (1) Despite subsection 220.1 (2) of the Municipal Act but subject to subsection (3), a by-law passed under that subsection does not apply to a board. Same

(2) Despite subsection 220.1 (2) of the Municipal Act, a by-law passed under that subsection does not apply in respect of anything provided or done by or on behalf of the municipality under sections 257.5 to 257.14 of this Act. Exception

(3) The Lieutenant Governor in Council may make regulations providing for exceptions to subsection (1).

32. The Act is amended by adding the following Part:

PART II.2

DISTRICT SCHOOL BOARDS Definitions

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 franais")

"school" does not include a school under the jurisdiction of a school authority or an educational institution operated by the Government of Ontario. ("cole") Regulations: district school boards

(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;

(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;

(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; y

(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. 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.

b Same

(3.1) 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. y Regulations: school outside jurisdiction of a board to be school of the board

(4) The Lieutenant Governor in Council may make regulations providing that a school described in subsection (5) that is outside the area of jurisdiction of a district school board is a school of the district school board. Same

(5) Subsection (4) applies only to schools to which section 101 of this Act, as it read on December 31, 1997, applied.

b Purpose of clauses (2) (d), (e)

(5.1) 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. Limitation re clauses (2) (d), (e)

(5.2) 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. y Subdelegation

(6) 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. Number of members on a district school board

(7) A regulation under subclause (2) (k) (i) shall not provide for more than 22 or fewer than five members on any district school board. Same

(8) The numbers referred to in subsection (7) do not include any person elected or appointed to a district school board under section 188. Geographic areas

(9) 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

(i) all or part of one or more municipalities, or

(ii) territory without municipal organization,

or both. Same

(10) 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.

b Purpose of clause (2) (l)

(10.1) 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. Limitation

(10.2) 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. Exception

(10.3) The limitation provided in subsection (10.2) 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). y Transfers among district school boards and school authorities

(11) 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. Dispute

(12) Without limiting the generality of clause (11) (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. Same

(13) Where a dispute is referred to an arbitrator as described in subsection (12), the arbitrator shall determine the matters in dispute and the decision of the arbitrator is final. Clause (11) (c)

(14) Without limiting the generality of clause (11) (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. Employees

(15) 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. 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 (2) (l). Transfer not a closing

(17) A transfer of a school under clause (2) (l) is not a closing of the school. No compensation

(18) 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). Powers of board if regulation made under subclause (2) (m) (i)

(19) 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. Powers of municipality if regulation made under subclause (2) (m) (ii)

(20) 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. 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. 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.

b 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 58.2.1 (6) 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 58.2.1 (6);

(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. y 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;

(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. 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.

b 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;

(d) ensure that all employees of old Roman Catholic boards are transferred to separate district school boards. Definitions

(7.1) 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") Exception

(7.1.1) 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). Limitation

(7.2) Subject to subsection (7.3), clause 58.1 (2) (p) does not authorize the transfer of any asset, liability or employee after August 31, 1998. Exception: ongoing disputes

(7.3) 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. y Employees

(8) 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. Order, directive may be filed in court

(9) An order or directive of the Education Improvement Commission under this section or a predecessor of this section may be filed in the Ontario Court (General Division). Same

(10) An order or directive that is filed under subsection (9) shall be enforceable as if it were an order of the Ontario Court (General Division). Orders, directives final

(11) 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. Tax exemption

(12) 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). Transfer not a closing

(13) A transfer of a school under clause 58.1 (2) (p) is not a closing of the school. No compensation

(14) 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). Effect of transfer under this Part

(15) 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.

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

58.2.1 (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. 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. 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. 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. 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. Same

(5.1) Despite subsection (5), where subsection 58.2 (7.3) 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. One district school board to follow directions of another

(6) 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. Same

(7) 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 (6) are to be met. y General or particular

58.3 (1) A regulation made under section 58.1 and a directive or order issued under section 58.2 may be general or particular. 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.

' Corporate status

58.4 (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. 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

(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. District school boards deemed to be local boards

58.5 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. Conduct of elections

58.6 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. Electors for French-language district school boards

58.7 (1) Subject to section 58.8, 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. 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. Election by general vote

58.8 (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. 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 58.7 (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. 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 58.7 (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. 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 58.7 (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. 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 58.7 (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.

33. The Act is amended by striking out the heading immediately before section 59 and substituting the following:

PART III

SCHOOL AUTHORITIES - PUBLIC District School Areas

34. (1) Subsection 59 (1) of the Act is amended by striking out "a school division" in the second and third lines and substituting "the area of jurisdiction of a public district school board" and by striking out "public school board" in the fifth and sixth lines and substituting "public board".

(2) The French version of clause 59 (2) (b) of the Act is amended by striking out "fusionner" in the first line and substituting "unir".

(3) Clause 59 (2) (c) of the Act is amended by striking out "a school division" and substituting "the area of jurisdiction of a public district school board".

(4) Subsection 59 (3) of the Act is amended by striking out "appropriate provincial supervisory officer" in the second and third lines and substituting "Minister".

35. Subsection 60 (1) of the Act is amended by striking out "public school boards" in the fourth line and substituting "public boards".

36. (1) Subsection 61 (1) of the Act is repealed and the following substituted: Definition

(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,

(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 58.7 (1) to be an elector for a French-language district school board.

(2) Subsection 61 (4) of the Act is amended by striking out "that is not an improvement district" in the third line.

(3) Subsection 61 (5) of the Act is amended,

(a) by striking out "that is not an improvement district" in the second and third lines; and

(b) by striking out "Municipal Elections Act" wherever it appears and substituting in each case "Municipal Elections Act, 1996".

(4) Subsection 61 (6) of the Act is amended by striking out "that is not an improvement district" in the second and third lines.

37. (1) Subsection 62 (4) of the Act is amended by striking out "Municipal Elections Act" in the tenth line and substituting "Municipal Elections Act, 1996".

(2) Subsection 62 (7) of the Act is repealed and the following substituted: 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). Same

(7.1) After making the declaration under subsection (7), the person is entitled to vote.

38. Section 63 of the Act is repealed and the following substituted: 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;

(d) all or parts of two or more municipalities and territory without municipal organization. Same

(2) Before July 1 in 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 board shall conduct the elections in the same manner as for the members of a district school board, except that the members shall be elected by general vote of the public school electors of the district school area. Same

(3) The board shall give notice of the determination made under subsection (1) to the electors in the same manner as provided in subsection 62 (2). Same

(4) For the purposes of an election under this section in territory without municipal organization, the secretary of the board shall be the returning officer in respect of the territory without municipal organization and shall perform all the duties that are required of a municipal clerk in relation to the election of members of a district school board.

39. Section 65 of the Act is repealed.

40. The Act is amended by striking out the heading immediately before section 67 and substituting the following: SECONDARY SCHOOL AUTHORITIES

41. (1) Subsection 67 (1) of the Act is amended by striking out "a school division" in the third and fourth lines and substituting "the area of jurisdiction of a public district school board".

(2) Subsections 67 (2), (3), (4), (5), (6) and (7) of the Act are repealed and the following substituted: Same

(2) Where a secondary school district is established under subsection (1), the Lieutenant Governor in Council may make regulations providing for,

(a) the formation and composition of a secondary school board;

(b) the dissolution of a secondary school board;

(d) disqualifications for the purposes of subsection 219 (4). Same

(3) A secondary school board established under this section is a corporation by the name designated by the Lieutenant Governor in Council.

42. (1) Subsections 68 (1), (2), (3) and (4) of the Act are repealed and the following substituted: School Authorities on Tax Exempt Land Public elementary school on exempt lands

(1) Where, in the opinion of the Minister, it is desirable to establish and maintain a public school authority for elementary school purposes 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, the Minister may by order designate any portion of such lands as a school section and may appoint as members of the board such persons as the Minister considers proper, and the board so appointed is a corporation by the name indicated in the order establishing the school section and has all the powers and duties of a public district school board for elementary school purposes. Public secondary school on exempt land

(2) Where, in the opinion of the Minister, it is desirable to establish and maintain a public school authority for secondary school purposes 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, the Minister may by order designate any portion of such lands as a secondary school district, and may appoint as members of the board such persons as the Minister considers proper, and the board so appointed is a corporation by the name indicated in the order establishing the secondary school district and has all the powers and duties of a public district school board for secondary school purposes. Public secondary and elementary school on exempt land

(3) Where a secondary school district has been designated under subsection (2), the Minister may authorize the formation of a public school authority for elementary and secondary school purposes for the district and may provide for the name of the school authority, its composition and the term or terms of office of its members, and for all other purposes the provisions in respect of public district school boards apply to the school authority. Area of jurisdiction: other boards

(4) A school section or secondary school district designated under this section shall be deemed not to be included in the area of jurisdiction of,

(a) a district school board;

(b) a board established under section 59; or

(2) Subsection 68 (5) of the Act is repealed and the following substituted: Fee payable by non-resident

(5) Where a pupil attends a school that is operated by a board appointed under this section in a children's treatment centre and the pupil is not a resident pupil of the board, the board of which the pupil is a resident pupil or is qualified to be a resident pupil shall pay to the board that operates the school the fee, if any, payable for the purpose under the regulations. Same

(5.1) Where the pupil is not a resident pupil or qualified to be a resident pupil of a board and the pupil's cost of education is not payable by the Minister under the regulations, the pupil's parent or guardian shall pay to the board that operates the school a fee fixed by such board. Same

(5.2) A fee fixed under subsection (5.1) shall not be greater than the fee, if any, payable for the purpose under the regulations. y

(3) Subsection 68 (6) of the Act is amended by striking out "Municipal Elections Act" in the fourth line and substituting "Municipal Elections Act, 1996".

43. The heading to Part IV of the Act is repealed and the following substituted:

PART IV

SCHOOL AUTHORITIES - ROMAN CATHOLIC

44. Section 77 of the Act is repealed.

45. (1) Subsection 78 (1) of the Act is amended by striking out "subsections 97 (2) and 98 (2)" in the second and third lines and substituting "subsection 58.1 (2) or section 86.1".

(2) Subsection 78 (4) of the Act is repealed.

46. Section 79 of the Act is repealed.

47. (1) Subsections 80 (1) and (2) of the Act are repealed and the following substituted: Meeting to establish a separate school zone

(1) A public meeting of persons desiring to establish a separate school zone may be convened by,

(a) not fewer than five members of five families, with each member being Roman Catholic, at least 18 years of age and a householder or freeholder resident within a municipality or a geographic township that is not within the area of jurisdiction of a separate district school board, who desire to establish the area of the municipality or geographic township as a separate school zone;

(b) not fewer than 10 members of 10 families, with each member being Roman Catholic, at least 18 years of age and a householder or freeholder resident within a 9.6 kilometre square of land, that is not part of a municipality, a geographic township or a separate school zone, who desire to establish the square of land as a separate school zone; or

(c) not fewer than five members of five families, with each member being Roman Catholic, at least 18 years of age and a householder or freeholder resident within a 9.6 kilometre square of land, that is not part of a municipality, a geographic township or a separate school zone, who desire to establish the square of land as a separate school zone and unite the zone with one or more separate school zones, other than the separate school zone of a district school board. Procedure

(2) Where a meeting is held under subsection (1), the persons present shall,

(a) elect a chair and a secretary for the meeting;

(b) pass a motion to determine that the area of the municipality or geographic township or 9.6 kilometre square of land, as the case requires, be established as a separate school zone;

(d) require the chair of the meeting to transmit notice in writing of the holding of the meeting and of the election of board members to the clerks of the municipalities affected and to the secretary of any board that has jurisdiction in all or part of the area in which the separate school zone is to be established, designating by name and residence each of the persons elected as board members.

(2) Subsection 80 (5) of the Act is amended by striking out "trustees" in the fourth line and substituting "board members".

(3) Subsection 80 (6) of the Act is repealed and the following substituted: Formation not rendered invalid

(6) The formation of a separate school zone is not rendered invalid by reason only of a vacancy in the office of a board member occurring before the board members become a body corporate, provided that the vacancy is filled promptly and the Minister is provided with the information required under clause (2) (d) in respect of the filling of the vacancy.

(4) Subsection 80 (7) of the Act is repealed and the following substituted: Qualifications of members

(7) A person is qualified to be elected as a board member at a meeting to establish a separate school zone if he or she is,

(a) resident in the zone;

(b) a Canadian citizen;

(d) a Roman Catholic.

48. Section 81 of the Act is repealed and the following substituted: Powers of board members

81. (1) The board members elected at a meeting convened under subsection 80 (1) have all the powers of a district school area board in territory without municipal organization and are in all other respects subject to the provisions of this Act that apply to boards of rural separate schools. Where school not united

(2) Where in any year a separate school zone is established by not fewer than five members of five families under clause 80 (1) (c), the public meeting for the election of board members shall be held before June 1 in that year, and the only powers and duties of the board so formed are to proceed in the same year to implement the provisions of section 84, and if the separate school zone is not united with one or more separate school zones to form a combined separate school zone before August 1 in that year under section 84, the board is dissolved on that date.

49. Section 83 of the Act is repealed and the following substituted: Legislative grants

83. On receipt by the Minister of the documents required under section 80 that a separate school zone has been established and where the Minister is satisfied that suitable accommodation has been provided for school purposes, the Minister may pay to the board for educational purposes the sums approved for the purpose by the Lieutenant Governor in Council.

50. (1) Subsections 84 (1) and (2) of the Act are repealed and the following substituted: Formation of combined separate school zones

(1) A Roman Catholic school authority or five supporters of the Roman Catholic school authority may, before July 1 in any year, hold a meeting of the supporters of the school authority to consider the question of uniting the separate school zone with one or more other separate school zones, other than the zone of a separate district school board, to form a combined separate school zone and, where the majority of the supporters present at the meeting who vote on the question, vote in favour of the union each board shall give notice of the decision, before August 1 of the same year, to the Minister, the clerks of the municipalities affected, and the appropriate assessment commissioner, and the combined separate school zone formed under this section shall be deemed to be one zone for all Roman Catholic school purposes on December 1 of the same year, except that, for the purposes of the election of board members, it shall be deemed to be one zone on the day of nomination for board members of the combined separate school board.

(2) The French version of subsection 84 (3) of the Act is amended by striking out "fusionne" in the first line and in the fifth line and substituting in each case "unifie".

(3) Subsection 84 (4) of the Act is repealed and the following substituted: Corporate name

(4) The members of a combined separate school board are a corporation by the name of "The ............................ Combined Roman Catholic Separate School Board" or "Conseil unifi des coles spares catholiques de .........................." or both (inserting the name selected by the board and approved by the Minister).

51. (1) Subsection 85 (1) of the Act is repealed and the following substituted: Detaching school zone from combined school zone

(1) Where, in an area that is not part of the area of jurisdiction of a separate district school board, a petition to detach a separate school zone from a combined separate school zone is submitted in any year to the combined separate school board, the board shall provide for a vote on the question within 90 days of the receipt of the petition. Same

(1.1) A petition under subsection (1) must be from at least 10 members of 10 families, with each member being at least 18 years of age, a householder or freeholder and a supporter of a combined separate school.

(2) The French version of subsection 85 (2) of the Act is amended by striking out "fusionne" in the third line and in the fourth line and substituting in each case "unifie".

(3) Subsection 85 (3) of the Act is repealed and the following substituted: When school zone detached

(3) If, before July 1 in any year, a majority of the supporters who are entitled to vote on the question vote in favour of detaching the zone, it is detached on January 1 of the following year, except that, for the purposes of the election of board members, it shall be deemed to be detached on the day of nomination for board members, and the requisite number of board members of the separate school zone so detached shall be elected as provided under section 92 or 93, as the case may be.

52. (1) Subsections 86 (1), (2) and (3) and subsection (4), as amended by the Statutes of Ontario, 1993, chapter 11, section 23, of the Act are repealed and the following substituted: Discontinuing school authority: vote of supporters

(1) A Roman Catholic school authority or five supporters of the school authority may, before July 1 in any year, hold a meeting of its supporters to consider the question of discontinuing the school authority and, where the majority of the supporters vote in favour of discontinuing and fewer than five supporters vote in opposition, the school authority shall within 30 days notify the Minister, the clerk of each municipality concerned and the secretary of any board that may be affected and, for assessment purposes, the zone shall be discontinued on September 30 following the meeting. Discontinuing school authority: other conditions

(2) A Roman Catholic school authority is discontinued on November 30 in any year, if,

(a) for any continuous four month period in a school year, after the year in which the school authority was established, the school authority,

(i) fails to operate a school, or

(ii) fails to make an agreement with another Roman Catholic board for the education of its pupils and fails to provide transportation for the pupils who would otherwise be excused from attendance under clause 21 (2) (c);

(b) no one is assessed as a separate school supporter in the separate school zone in relation to property in respect of which taxes are to be levied in the following year; or

(c) the supporters fail to elect the required number of board members in two successive regular elections. Notice to Minister, etc., of discontinuance

(3) When a board is discontinued under subsection (2), the appropriate supervisory officer shall promptly notify the Minister, the clerks of the municipalities concerned and the secretaries of the affected boards. Settling accounts

(4) The board members who are in office in the year in which the school authority is discontinued under this section shall remain in office for the purpose of settling the accounts and outstanding debts of the school authority and, following an audit by a person licensed under the Public Accountancy Act, shall forward the balance of its funds to the Minister for deposit in the Consolidated Revenue Fund for safekeeping.

(2) Subsection 86 (5) of the Act is amended by striking out "board" in the first line and substituting "school authority".

(3) Subsection 86 (7) of the Act is amended by striking out "board" in the first line and substituting "school authority", by striking out "separate school" in the fourth line and by striking out "board" in the ninth line and in the eleventh line and substituting in each case "school authority".

(4) Subsection 86 (8) of the Act is amended by striking out "board" in the first line and substituting "school authority".

(5) Subsection 86 (9) of the Act is repealed and the following substituted: Re-establishing school authority

(9) A school authority that has been discontinued in any year may, in any subsequent year, be re-established in the manner provided for in section 80, and the funds that were deposited by the school authority that was discontinued shall be returned to the school authority.

53. The Act is amended by adding the following section: Regulation

86.1 If the board of a separate school zone in the territorial districts applies to the Minister to extend the boundaries of the separate school zone so as to include parcels of land on which a separate school zone cannot be established because of the operation of subsection 80 (1), the Lieutenant Governor in Council may by regulation extend the boundaries of the separate school zone.

54. Section 87 of the Act is repealed.

55. Section 89 of the Act is repealed and the following substituted: RURAL SEPARATE SCHOOLS Term of office of board members

89. (1) The board of a rural separate school shall consist of three members who, subject to subsection (3), shall be elected in each year in which a regular election is held under the Municipal Elections Act, 1996 and shall hold office until the date the next regular election is held under that Act and their successors are elected under this Act and the new board is organized. Same

(2) The term of office of members of a rural separate school board shall commence on December 1 in the year of a regular election. Same

(3) Where the first election of a newly established rural separate school board is held in a year in which no regular election is held under the Municipal Elections Act, 1996, the members so elected shall hold office until the date on which the next regular election is held under that Act and their successors are elected under this Act and the new board is organized. Organization and quorum

(4) A majority of the board members is a quorum, and the board shall be organized by the election of a chair and by the appointment of a secretary and a treasurer or of a secretary-treasurer. Regularity

(5) No act or proceeding is valid that is not adopted at a regular or special meeting of the board of which notice has been given as required under section 90 and at which at least two board members are present. Entitlement to vote

(6) Subject to subsection (7), the following are entitled to vote at any election of members of a board of a rural separate school and on any school question at any meeting of the supporters of the board:

1. A person who is at least 18 years of age, a Canadian citizen and a supporter of the rural separate school and who either 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.

2. A Roman Catholic spouse of a person mentioned in paragraph 1.

3. A person entitled to vote under section 54 for the board. Exception

(7) Only a person described in paragraph 1 of subsection (6) is entitled to vote on a question involving the selection of a school site or an expenditure for a permanent improvement.

56. Section 91 of the Act is repealed.

57. (1) Clause 92 (5) (a) of the Act is amended by striking out "trustees" at the end and substituting "board members".

(2) Clause 92 (5) (d) of the Act is amended by striking out "trustee or trustees" and substituting "board member or members".

(3) Subsection 92 (7) of the Act is amended by striking out "trustee" in the third line and substituting "board member".

(4) Clause 92 (10) (a) of the Act is repealed and the following substituted:

(a) in the election of a board member, by marking the name of the board member on it; and

. . . . .

(5) The English version of subsection 92 (11) of the Act is amended by striking out "trustees" in the second line and substituting "board members".

(6) Subsection 92 (14) of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 24, is repealed and the following substituted: Declaration where right to vote objected to

(14) When an objection is made to the right of a person to vote at a meeting of the supporters of a rural separate school, either for a board member or on a school question, the presiding officer shall require the person whose right to vote is objected to to make the following declaration in English or in French, after which the person making the declaration is entitled to vote:

I, ............................................, declare and affirm that I have the right to vote at this election for ............................ (insert name of board) [or on the question submitted to this meeting of the .......................(insert name of board)].

(7) Subsection 92 (16) of the Act is amended by striking out "trustees" in the second line and substituting "board members".

(8) Subsection 92 (18) of the Act is amended by striking out "trustees" in the first line and substituting "board members".

(9) Subsection 92 (19) of the Act is amended by striking out "trustees" in the fourth line and substituting "board members".

(10) Subsection 92 (21) of the Act is amended by striking out "trustees" in the third line and substituting "board members".

58. (1) Subsection 93 (1) of the Act is repealed and the following substituted: Where municipality may conduct election

(1) Despite section 92, if the rural separate school zone is a municipality or combination of municipalities, the board of the rural separate school may, by resolution passed before July 1 in the year of an election and approved at a meeting of the supporters of the rural separate school, determine that the election of members of the board shall be conducted by the municipality having the greatest population under the Municipal Elections Act, 1996 and the members of the board shall be elected by general vote of the persons entitled to vote in the election.

(2) Subsection 93 (2) of the Act is amended,

(a) by striking out "Municipal Elections Act" in the fifth line and substituting "Municipal Elections Act, 1996"\;

(b) by striking out "trustees" in the sixth line and substituting "board members"\; and

(c) by striking out the words "are a Roman Catholic separate school elector" in the declaration and substituting "have the right to vote at this election".

59. The heading immediately before section 94 of the Act is repealed and the following substituted: Combined Separate School Zones

60. Subsection 94 (1) of the Act is repealed and the following substituted: Secretary of board as returning officer

(1) If territory without municipal organization is part of a combined separate school zone and the election of members of the board for a part of the combined zone is conducted under the Municipal Elections Act, 1996, the secretary of the board shall be the returning officer and shall perform all the duties of a municipal clerk in the election for the territory without municipal organization.

61. The heading immediately before section 95 of the Act is repealed.

62. Section 95 of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 70, is repealed and the following substituted: Board members where combined zone is formed or altered

95. (1) Where a combined separate school zone is formed or where another separate school zone is added to or detached from a combined separate school zone, the board members in office shall retire on December 1 following the election of the members of the board of the combined separate school zone and, subject to the number of board members being determined under subsection (4) or (5), five board members shall be elected by the supporters of the newly-created or altered combined separate school zone,

(a) as provided in section 92, where the combined separate school zone is formed, or where another separate school zone is added to or detached from a combined separate school zone during the two years following the year in which a regular election was held under the Municipal Elections Act, 1996, in which case the provisions of section 89 apply; or

(b) as provided in section 93, where the combined separate school zone is formed or where another separate school zone is added to or detached from a combined separate school zone in the year in which a regular election is to be held under the Municipal Elections Act, 1996. Board members in office until organization of new board

(2) Every board member shall continue in office until his or her successor has been elected and the new board is organized. First board members

(3) For the purpose of electing the first board members for a combined separate school zone, the boards of the separate schools forming the combined separate school zone shall, before September 1, each appoint a person to a committee, which shall arrange for the election of board members in accordance with section 92 or 93 as the case may be. Board members in combined separate school zone including urban municipality

(4) Where a combined separate school zone includes one or more urban municipalities, the board shall be composed of eight members and the zone shall be deemed to be one separate school zone. Resolution providing for board members

(5) Despite subsections (1) and (4), the board of a combined separate school zone may be composed of such number of members, not fewer than five or more than nine, representing such municipalities or parts of municipalities, or separate school zones in territory without municipal organization, within the combined separate school zone as is provided for in a resolution passed by the board, or, in the case of a newly-formed combined separate school zone, by the committee formed under subsection (3). Election and term of office

(6) Where a resolution is passed under subsection (5), the board members shall be elected at large in the areas within the combined separate school zone that they respectively represent, and sections 54 and 93 apply with necessary modifications, provided that, where a municipality is divided into wards, the resolution may provide for representation by wards. Distribution of members

(7) Where one or more board members represent two or more municipalities or parts of municipalities, or two or more municipalities or parts of municipalities and one or more separate school zones in territory without municipal organization, and the election is conducted as provided in section 93, the provisions of the regulations made under clause 58.1 (2) (k) apply with necessary modifications. Copy of resolution to be sent to Minister

(8) The board or committee that passes a resolution under subsection (5) shall promptly send a copy of it to the Minister. Electors' qualifications, combined separate school zone

(9) Every person who resides in a combined separate school zone and is entitled to vote at the election of board members under section 89 is entitled to vote at the election of board members of the combined separate school zone and, subject to subsection 89 (7), on any school question.

63. Sections 96 to 132 of the Act, as amended by the Statutes of Ontario, 1992, chapter 17, sections 1 and 2, 1993, chapter 11, sections 25, 26 and 27, 1993, chapter 27, Schedule, 1994, chapter 1, section 22, 1994, chapter 17, section 48 and 1994, chapter 27, section 108, are repealed and the following substituted:

PART IV.1

EXTENSION OF ROMAN CATHOLIC ELEMENTARY SCHOOLS SEPARATE SCHOOL EXTENSION POST-1997 Plan re secondary school

96. (1) A Roman Catholic school authority may adopt a plan for the provision of secondary school education in the area of jurisdiction of the school authority. Resolution

(2) The adoption of a plan under subsection (1) shall be by resolution. Implementation document

(3) A school authority that adopts a plan under subsection (1) shall prepare an implementation document explaining how secondary school education would be provided in the area of jurisdiction of the school authority. Same

(4) The Minister may establish guidelines respecting the preparation of an implementation document. Transmittal

(5) The secretary of a school authority that adopts a plan under subsection (1) shall transmit to the Minister a copy of the resolution, certified by the secretary, together with a copy of the implementation document. Review by Minister

(6) The Minister shall review the implementation document and determine whether he or she is satisfied that the proposals set out in it would permit the provision of viable secondary school education in the area of jurisdiction of the school authority. Notice

(7) The Minister shall notify the school authority of his or her determination under subsection (6). Same

(8) If the Minister determines that the school authority's proposals would permit the provision of viable secondary school education in the area of jurisdiction of the school authority, the Minister shall advise the following persons of the determination and of the fact that implementation of the plan would require a regulation to be made under subsection 58.1 (2) and provide them with a copy of the implementation document:

1. The secretary of every affected board.

2. The clerk of every municipality all or part of which is within the area of jurisdiction of the school authority.

3. The appropriate assessment commissioner.

64. Section 134 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 28, is repealed.

65. The Act is amended by adding the following heading immediately before section 135: RIGHTS RELATING TO SEPARATE SCHOOL EXTENSION PRE-1998

66. (1) Subsection 135 (1) of the Act is repealed and the following substituted: Definitions

(1) In this section,

"designated person" means a person designated or deemed to be designated under section 135 of this Act, as it read immediately before the Education Quality Improvement Act, 1997 received Royal Assent; ("personne dsigne")

"transferred" means transferred under section 135 of this Act, as it read immediately before the Education Quality Improvement Act, 1997 received Royal Assent. ("mut")

(2) Subsections 135 (2), (3) and (4) of the Act are repealed.

(3) Subsections 135 (6) to (23) of the Act are repealed.

(4) Subsection 135 (24) of the Act is amended by striking out "under subsection (10), (11) or (14)" in the fourth and fifth lines.

(5) Subsection 135 (27) of the Act, as amended by the Statutes of Ontario, 1991, chapter 10, section 4, is repealed.

(6) Subsection 135 (29) of the Act is repealed.

(7) Section 135 of the Act, as amended by the Statutes of Ontario, 1991, chapter 10, section 4 and 1995, chapter 4, section 2, is further amended by adding the following subsections: Interpretation

(31) For the purposes of this section, the following rules apply:

1. "Public board" in subsections (24) and (30) has the same meaning as it did immediately before the Education Quality Improvement Act, 1997 received Royal Assent.

2. A reference in subsection (26) to the public board that designated a person shall be deemed to be a reference to the successor to the old board that designated the person.

3. A reference to the board or boards to which a person's employment is transferred shall be deemed to be a reference to the successor or successors to the old board or old boards to which the person's employment was transferred.

4. Except as otherwise provided by regulation, for the purposes of paragraph 2, the successor to an old board that designated a person,

i. in the case of a person designated in relation to schools and classes operated under Part XII of this Act, as it read on December 31, 1997, is the French-language public district school board the area of jurisdiction of which includes all or the major part of the area of jurisdiction of the old board that designated the person, and

ii. in the case of a designated person other than one described in subparagraph i, is the English-language public district school board the area of jurisdiction of which includes all or the major part of the area of jurisdiction of the old board that designated the person.

5. Except as otherwise provided by regulation, for the purposes of paragraph 3, the successor to an old board to which a person's employment was transferred is,

i. in the case of a person designated in relation to schools and classes operated under Part XII of this Act, as it read on December 31, 1997, is the French-language separate district school board the area of jurisdiction of which includes all or the major part of the area of jurisdiction of the old board to which the person's employment was transferred, and

ii. in the case of a designated person other than one described in subparagraph i, is the English-language separate district school board the area of jurisdiction of which includes all or the major part of the area of jurisdiction of the old board to which the person's employment was transferred. Regulations: exceptions re successor board determinations

(32) The Lieutenant Governor in Council may make regulations providing for exceptions to paragraphs 4 and 5 of subsection (31). Application of Interpretation Act

(33) The fact that section 66 of the Education Quality Improvement Act, 1997 repeals some but not all parts of section 135 of the Education Act, as that section read immediately before the coming into force of section 66 of the Education Quality Improvement Act, 1997, shall not be construed as having any effect on the application of section 14 of the Interpretation Act to the repealed parts.

67. The Act is amended by adding the following section: Interpretation: references to ten school year period

135.1 (1) A reference in this Act to hiring after the ten school year period mentioned in subsection 135 (6) shall,

(a) in the case of a teacher hired by an old board after the expiration of the old board's ten-year period, as determined under subsection 135 (6) of this Act as it read on December 31, 1997, be deemed to be a reference to hiring after that ten-year period; and

(b) in every other case, be deemed to be a reference to hiring on or after January 1, 1998. Interpretation: references to Roman Catholic school board

(2) A reference in this Act to a Roman Catholic school board shall be deemed to be a reference to a separate district school board.

68. Sections 137 to 142 of the Act are repealed and the following substituted: Enforcement

137. A right referred to in section 135 may be enforced by order of the Divisional Court on application to the court.

69. Section 143 of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 11, section 29, is repealed.

70. Sections 144 to 146 and 154 to 157 of the Act are repealed.

71. The heading to Part V of the Act is repealed and the following substituted:

PART V

SCHOOL AUTHORITIES - PROTESTANT

72. (1) Subsection 158 (1) of the Act is repealed and the following substituted: Application to establish Protestant separate school

(1) Subject to subsection (3), before July 1 in any year, not fewer than five members of five families, with each member being Protestant, at least 18 years of age and resident in a municipality, may apply in writing for permission to establish in the municipality one or more separate schools for Protestants. Same

(1.1) In the case of a municipality that is a township, the application shall be to the council of the township. Same

(1.2) In the case of a municipality that is an urban municipality, the application shall be to the appropriate public board.

(2) Subsection 158 (2) of the Act is amended by striking out "public school board" in the second line and substituting "public board".

(3) Subsection 158 (4) of the Act is amended by striking out "public school board" in the fourth line and substituting "public board".

73. Sections 159 to 163 of the Act are repealed and the following substituted: Protestant board: share of legislative grants

159. A Protestant separate school board shall share in the legislative grants in like manner as an English-language public board.

74. Section 164 of the Act is amended by striking out "election of trustees for the Protestant separate school board" in the eighth and ninth lines and substituting "election of members for the Protestant separate school board".

75. Section 165 of the Act is repealed and the following substituted: Election of board members

165. (1) A Protestant separate school board shall have the same number of members that the board of a rural separate school would have if established in the same municipality, and the members may be elected in the same manner as the members of a board of a rural separate school may be elected, and the provisions of Part IV with respect to the election of members of a board of a rural separate school apply with necessary modifications to the election of members of Protestant separate school boards. Same

(2) Despite subsection (1), section 58.6 applies with necessary modifications to the election of members of a Protestant separate school board that is situated in an urban municipality. Number of board members

(3) Despite subsection (1), a Protestant separate school board that is situated in an urban municipality shall be composed of eight members.

76. Section 166 of the Act is amended by striking out "trustees" in the first line and substituting "members".

77. The Act is amended by adding the following section: Attendance rights

167.1 The provisions of Part II respecting attendance rights in relation to a Roman Catholic school authority apply with necessary modifications in relation to a Protestant separate school board.

78. Section 168 of the Act is amended by inserting "rural" after "Catholic" in the third line.

79. Section 169 of the Act is amended by striking out "sections 109, 110 and 111 and clause 198 (1) (d)" in the second and third lines and substituting "clause 198 (1) (d) and section 239".

80. (1) Paragraph 7 of subsection 170 (1) of the Act is repealed and the following substituted: Special education programs and services

7. provide or enter into an agreement with another board to provide in accordance with the regulations special education programs and special education services for its exceptional pupils.

(2) Subsection 170 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, 1996, chapter 11, section 29, 1996, chapter 12, section 64 and 1996, chapter 13, section 5, is further amended by adding the following paragraph: School councils

17.1 establish a school council for each school operated by the board, in accordance with the regulations.

(3) Paragraph 18 of subsection 170 (1) of the Act is repealed and the following substituted: requirements

18. do anything that a board is required to do under any other provision of this Act or under any other Act.

(4) Paragraph 19 of subsection 170 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 11, section 29 and paragraph 20 of subsection 170 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 12, section 64, are repealed.

(5) Section 170 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, 1996, chapter 11, section 29, 1996, chapter 12, section 64 and 1996, chapter 13, section 5, is further amended by adding the following subsection: Regulations re school councils

(3) The Lieutenant Governor in Council may make regulations respecting school councils, including regulations relating to their establishment, composition and functions.

81. The Act is amended by adding the following sections: Class size

170.1 (1) Every board shall ensure that the average size of its elementary school classes, in the aggregate, does not exceed 25 pupils. Same, secondary schools

(2) Every board shall ensure that the average size of its secondary school classes, in the aggregate, does not exceed 22 pupils. Exception

(3) The average size of a board's classes, in the aggregate, may exceed the maximum average class size specified in subsection (1) or (2), as the case may be, to the extent that the Minister, at the request of the board, may permit. Determination date

(4) A board shall determine the average size of its classes, in the aggregate, as of October 31 each year. Regulations

(5) The Lieutenant Governor in Council may, by regulation,

(a) establish the method to be used by a board to determine the average size of its classes, in the aggregate;

(b) exclude special education classes from the determination of average class size;

(c) require boards to prepare reports (containing the information specified by the regulation) concerning the average size of its classes and to make the reports available to the public;

(d) define terms used in this section for the purposes of a regulation made under this section. Review of maximum amount

(6) Every three years, the Minister shall review the amount of the maximum average class sizes specified in subsections (1) and (2). Teaching time

170.2 (1) In this section,

"classroom teacher" means a teacher who is assigned in a regular timetable to provide instruction to pupils but does not include a principal or vice-principal. Minimum teaching time, elementary school

(2) Every board shall ensure that, in the aggregate, its classroom teachers in elementary schools are assigned to provide instruction to pupils for an average of at least 1300 minutes (during the instructional program) for each period of five instructional days during the school year. Minimum teaching time, secondary school

(3) Every board shall ensure that, in the aggregate, its classroom teachers in secondary schools are assigned to provide instruction to pupils for an average of at least 1250 minutes (during the instructional program) for each period of five instructional days during the school year. Allocation to schools

(4) A board may allocate to each school a share of the board's aggregate minimum time for a school year for all of its classroom teachers (during which they must be assigned to provide instruction to pupils). Allocation by principal

(5) The principal of a school, in his or her sole discretion, shall allocate among the classroom teachers in the school the school's share of the board's aggregate minimum time (as described in subsection (4)) for the school year. Same

(6) The principal shall make the allocation in accordance with such policies as the board may establish. Effect on collective agreements

(7) An allocation under subsection (4) or (5) may be made despite any applicable conditions or restrictions in a collective agreement. Calculation

(8) The calculation of the amount of time that a board's classroom teachers are assigned as required by subsection (2) or (3) shall be based upon all of the board's classroom teachers and their assignments (on a regular timetable) on every instructional day during the school year. Part-time employees

(9) For the purposes of subsection (2) or (3), the minimum time required in respect of each classroom teacher who is employed on a part-time basis by the board is correspondingly reduced. Teachers' assistants, etc.

170.3 The Lieutenant Governor in Council may make regulations governing duties and minimum qualifications of persons who are assigned to assist teachers or to complement instruction by teachers in elementary or secondary schools. y

82. (1) Subparagraph ii of paragraph 6 of subsection 171 (1) of the Act is amended by striking out "hold a certificate of registration under the Psychologists Registration Act" at the end and substituting "are members of the College of Psychologists of Ontario".

(2) Paragraphs 19, 20 and 21 of subsection 171 (1) of the Act are repealed.

(3) Paragraph 22 of subsection 171 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 108, is repealed.

(4) Paragraph 43 of subsection 171 (1) of the Act is repealed.

(5) Paragraph 47 of subsection 171 (1) of the Act is repealed.

(6) Subsection 171 (2) of the Act, and subsection 171 (3) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 10, section 5, are repealed and the following substituted: Powers of boards re: days of work

(2) A board may require teachers to work during some or all of the five working days preceding the start of the school year. Same

(3) A board may authorize the principal of a school to make determinations respecting the work to be done by teachers of the school during the working days referred to in subsection (2) and the principal shall exercise that discretion subject to the authority of the appropriate supervisory officer. Same

(4) For the purposes of subsections (2) and (3), a working day is a day other than Saturday, Sunday or a holiday as defined in subsection 29 (1) of the Interpretation Act. Same

(5) Work that may be required under subsections (2) and (3) includes but is not limited to participation in professional development activities. y

83. (1) The definition of "board" in subsection 171.1 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 13, section 7, is repealed.

(2) The definition of "municipality" in subsection 171.1 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 13, section 7, is repealed and the following substituted:

"municipality" includes a county, a regional municipality, The District Municipality of Muskoka and the County of Oxford.

(3) Subsection 171.1 (4) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 13, section 7, is repealed and the following substituted:

b Limitation re joint investment agreements

(4) No agreement entered into under this section for the joint investment of funds may,

(a) affect an education development charges account established under an education development charge by-law to which section 257.103 applies; or

(b) provide for investment by a board that is not permitted by clause 241 (1) (a). y

84. Section 172 of the Act is repealed.

85. Sections 174 and 175 of the Act are repealed.

86. Paragraph 2 of section 176 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 108, is repealed.

87. Subsections 178 (4) and (5) of the Act are repealed and the following substituted:

b Rights continued

(4) Where a person has rights under this section in relation to an old board and the old board is amalgamated or merged with a district school board under Part II.2, the rights of the person are the same immediately after the amalgamation or merger as they were immediately before the amalgamation or merger and, for the purpose, the district school board stands in the place of the old board. y

88. Subsection 180 (10) of the Act is repealed.

89. Subsection 181 (2) of the Act is amended by striking out "and is not effective until approved by the Minister" at the end.

90. Subsection 182 (1) of the Act is repealed and the following substituted: Transfer of French-language secondary school

(1) A French-language public district school board that has jurisdiction in an area that is also the area or part of the area of jurisdiction of a French-language separate district school board may, with the approval of the Minister, enter into an agreement with the separate district school board to transfer a secondary school of the public district school board.

91. (1) Subsection 183 (1) of the Act is repealed and the following substituted: Definition

(1) In this section,

"municipality" includes a county, a regional municipality, The District Municipality of Muskoka and the County of Oxford and a local board of a municipality, a county, a regional municipality, The District Municipality of Muskoka or the County of Oxford, except a board as defined in subsection 1 (1).

(2) Subsection 183 (4) of the Act is amended by striking out "145 (2)" in the second-last line and substituting "168 (2)".

92. Section 184 of the Act is repealed and the following substituted: Agreement for education at other school

184. (1) A board may enter into an agreement with another board to provide education for pupils of the one board in a school or schools operated by the other board. Calculation of fees

(2) Where an agreement is entered into under subsection (1), the board requesting the instruction shall pay to the board providing the instruction the fees, if any, payable for the purpose under the regulations.

93. Section 185 of the Act is repealed and the following substituted: Admission of pupils to Indian schools

185. The board of an elementary school may provide for the admission of one or more of its pupils to a school for Indian children operated by a band, council of a band or an education authority where the band, council of the band or education authority is authorized by the Crown in right of Canada to provide education for Indians, subject to the approval of the band, council of the band or education authority, and the accommodation provided under the arrangement shall be in place of the accommodation that the board is required by this Act to provide for those pupils.

94. Section 186 of the Act is repealed and the following substituted: Closing of school by board

186. Where a board has arranged under section 184 or 185 for the admission of all its pupils to a school or schools that the board does not operate, the board may close its school for the period during which the arrangement or arrangements are in effect.

95. Subsections 188 (5) to (13) of the Act are repealed and the following substituted: Regulations: interests of members of bands

(5) The Lieutenant Governor in Council may make regulations providing for representation on boards, by appointment, of the interests of members of bands in respect of which there is agreement under this Act to provide instruction to pupils who are Indians within the meaning of the Indian Act (Canada). Same

(6) A regulation under this section may provide for the type and extent of participation by the persons appointed.

b Same

(6.1) A regulation under this section may provide that all persons, or one or more classes of persons, appointed under this section shall be deemed to be elected members of the board, for all purposes or for such purposes as are specified in the regulation. y Representation on Roman Catholic boards

(7) Where a person is appointed to represent the interests of Indian pupils on a Roman Catholic board, the person shall be a Roman Catholic and at least 18 years of age. Representation on French-language district school boards

(8) Where a person is appointed to represent the interests of Indian pupils on a French-language district school board, the person shall be a French-language rights holder and at least 18 years of age.

96. (1) Clause 190 (1) (a) of the Act is repealed and the following substituted:

(a) a pupil who is enrolled in a school that the board operates;

(a.1) a resident pupil of the board who is enrolled in a school operated by another board under an agreement between the boards.

(2) Subsection 190 (4) of the Act is amended by striking out "secondary school board" in the first line and substituting "board that operates a secondary school".

(3) Subsections 190 (8) to (14) of the Act are repealed and the following substituted: Boarding of secondary school pupils

(8) Where a pupil resides in a school section of a school authority or a separate school zone of a school authority, in a territorial district, with his or her parent or guardian in a residence that is 24 kilometres or more by road or rail from a secondary school that the pupil is eligible to attend, the school authority may reimburse the parent or guardian at the end of each month for the cost of providing for the pupil, board, lodging, and transportation once a week from his or her residence to school and return, in an amount set by the authority for each day of attendance as certified by the principal of the secondary school that the pupil attends. Same

(9) Where a pupil resides in a territorial district but not in the area of jurisdiction of any board, with his or her parent or guardian in a residence that is 24 kilometres or more by road or rail from a secondary school that the pupil is eligible to attend, the board of the secondary school that the pupil attends may reimburse the parent or guardian at the end of each month for the cost of providing for the pupil, board, lodging, and transportation once a week from his or her residence to school and return, in an amount set by the board for each day of attendance as certified by the principal of the secondary school that the pupil attends. Same

(10) Where a pupil resides with his or her parent or guardian in the area of jurisdiction of a district school board or a board established under section 67, in a residence that,

(a) in a territorial district is 24 kilometres or more; or

(b) in a county or a regional municipality that is not in a territorial district is 48 kilometres or more,

by road or rail from a secondary school that the pupil attends, or where a pupil resides with his or her parent or guardian on an island in the area of jurisdiction of a district school board or a board established under section 67, the board of which the pupil is a resident pupil may reimburse the parent or guardian at the end of each month for the cost of providing for the pupil, board, lodging, and transportation once a week from his or her residence to school and return, in an amount set by the board for each day of attendance as certified by the principal of the secondary school that the pupil attends. Boarding of elementary school pupils

(11) Where a pupil resides in a territorial district but not in the area of jurisdiction of any board, with his or her parent or guardian in a residence from which daily transportation to and from an elementary school that the pupil may attend is impracticable due to distance or terrain, as certified by the appropriate supervisory officer of the elementary school nearest the residence, the board of the elementary school that the pupil attends may reimburse the parent or guardian at the end of each month for the cost of providing for the pupil, board, lodging, and transportation once a week from his or her residence to school and return, in an amount set by the board for each day of attendance as certified by the principal of the elementary school that the pupil attends. Same

(12) Where a pupil resides in the area of jurisdiction of a board with his or her parent or guardian in a residence from which daily transportation to and from an elementary school that the pupil may attend is impracticable due to distance or terrain, as certified by the appropriate supervisory officer, the board of the elementary school of which the pupil is a resident pupil may reimburse the parent or guardian at the end of each month for the cost of providing for the pupil, board, lodging, and transportation once a week from his or her residence to school and return, in an amount set by the board for each day of attendance as certified by the principal of the elementary school that the pupil attends. Certification of attendance

(13) For the purpose of certifying attendance under subsections (8) to (12), the principal may add to the number of days of attendance of a pupil the number of days the pupil is excused from attendance under the regulations or is absent by reason of being ill or is absent for any other cause if the principal is of the opinion that the absence was unavoidable.

97. Section 191 of the Act is repealed and the following substituted: Honoraria Honorarium for members of district school boards

191. (1) A district school board may pay to each member of the board an honorarium in an amount determined by the board to be payable to its members. Maximum

(2) The amount determined by a district school board under subsection (1) shall not exceed $5,000 annually. Chair and vice-chair: additional honorarium

(3) A district school board may pay to its chair and vice-chair an honorarium that is additional to the honorarium payable under subsection (1), in an amount determined for the purpose by the board. Maximum

(4) The additional honorarium determined by a district school board under subsection (3) shall not exceed the amount determined by the board under subsection (1). Different honorarium for chair, vice-chair

(5) The additional honorarium payable to the chair may differ from the additional honorarium payable to the vice-chair. Decrease in honorarium

(6) A district school board may at any time decrease any honorarium payable to its members, the chair or the vice-chair. Honorarium for members of school authorities

191.1 (1) A school authority may pay to its members an honorarium at the same rate and on the same conditions as the allowance being paid to their members on December 1, 1996. Chair and vice-chair: additional honorarium

(2) If a school authority was paying an amount as an additional allowance to its chair or vice-chair on December 1, 1996, the school authority may pay that amount as an additional honorarium to its chair or vice-chair, at the same rate and on the same conditions as applied on December 1, 1996. Regulations: school authority honorariums

(3) The Lieutenant Governor in Council may make regulations governing the payment of honorariums to members of a school authority, including its chair and vice-chair. Conflict

(4) In the event of a conflict between subsection (1) or (2) and a regulation made under subsection (3), the regulation prevails. Repeal

(5) Subsections (1), (2) and (4) are repealed on a day to be named by proclamation of the Lieutenant Governor. Travel expenses to attend board and committee meetings

191.2 (1) In respect of travel of a member of a board to and from his or her residence to attend a meeting of the board, or of a committee of the board, that is held within the area of jurisdiction of the board, the board may,

(a) reimburse the member for his or her out-of-pocket expenses reasonably incurred or such lesser amount as may be determined by the board; or

(b) pay the member an allowance at a rate per kilometre determined by the board. Other travel expenses

(2) A board may by resolution authorize a member, teacher or official of the board to travel on specific business of the board and may reimburse the member, teacher or official for his or her out-of-pocket expenses reasonably incurred or such lesser amount as may be determined by the board. Other expenses

(3) A board may establish a policy under which a member of the board may be reimbursed for all or part of his or her out-of-pocket expenses reasonably incurred in connection with carrying out the responsibilities of a board member. Same

(4) A board may, in accordance with a policy established by it under subsection (3), reimburse a member for his or her out-of-pocket expenses reasonably incurred in connection with carrying out the responsibilities of a board member. Deduction because of absence

(5) A board may provide for a deduction of a reasonable amount from the allowance of a member because of absence from meetings of the board or of a committee of the board. Committee members

(6) Subsections (1) to (4) apply with necessary modifications to members of a committee established by the board who are not members of the board.

98. Section 192 of the Act is amended by adding the following subsection: Same

(1.1) In subsection (1),

"public school board" and "board of education" have the same meaning as they had immediately before the Education Quality Improvement Act, 1997 received Royal Assent.

99. (1) Subsection 193 (2) of the Act is amended by striking out "separate school board" in the first line and substituting "Roman Catholic board".

(2) Subsection 193 (3) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 108, is repealed and the following substituted: Appropriation of property

(3) A public district school board may appropriate any property acquired by it or in its possession or control for any of the purposes of the board.

100. (1) Subsection 194 (3) of the Act is repealed and the following substituted: Lease or sale of site or property

(3) Subject to subsections (3.3) and (4.1), a board has power to sell, lease or otherwise dispose of any school site or part of a school site of the board or any property of the board,

(a) on the adoption of a resolution that the site or part or property is not required for the purposes of the board; or

(b) on the adoption of a resolution that the sale, lease or other disposition is a reasonable step in a plan to provide accommodation for pupils on the site or part or property. Application of proceeds

(3.1) The board shall apply the proceeds of a sale, lease or other disposition under subsection (3) for the purposes of the board and shall advise the Minister of the sale or disposition or of the lease, where the term of the lease exceeds one year, of any of its schools. Conflict

(3.2) In the event of a conflict between subsection (3.1) and a regulation referred to in clause (3.4) (c), the regulation prevails. Regulations

(3.3) The Minister may make regulations governing the sale, lease or other disposition of school sites or parts of school sites or property to which resolutions referred to in clause (3) (a) apply. Same

(3.4) Regulations that may be made under subsection (3.3) include but are not limited to regulations,

(a) respecting to whom school sites or parts of school sites or property must be offered;

(b) respecting the price or other consideration for a disposition or class of dispositions;

(d) respecting the purposes for which school sites or parts of school sites or property that is disposed of to other boards must be used by the transferee board;

(e) requiring a transferee board to return a school site or part of a school site or property to the transferor board if no longer used for the purposes referred to in clause (d);

(f) respecting the price or other consideration for a return or class of returns required under clause (e). General or particular

(3.5) A regulation made under this section may be general or particular and may be made to apply to any class of boards. Classes

(3.6) 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.

(2) Subsection 194 (4) of the Act is repealed and the following substituted: Application of subs. (4.1)

(4) Subsection (4.1) does not apply in respect of a school site, part of a school site or property to which a resolution referred to in clause (3) (a) applies. Approval of Minister re disposition, demolition

(4.1) Despite any provision of this or any other Act, a board shall not sell, lease or otherwise dispose of a school site, part of a school site or property or demolish a building unless, in addition to any other approval that may be required, the board has obtained the approval of the Minister.

101. (1) Subsection 195 (1) of the Act is amended by striking out "by purchase or lease" in the fourth and fifth lines and substituting "by purchase, lease or otherwise".

(2) Subsection 195 (2) of the Act is amended,

(a) by striking out "A public school board, board of education or secondary school board" in the first and second lines and substituting "A public board"\; and

(b) by striking out "by purchase or lease" in the third and fourth lines and substituting "by purchase, lease or otherwise".

(3) Subsection 195 (3) of the Act is repealed and the following substituted: School outside designated area

(3) A separate district school board may, with the approval of the Minister, acquire by purchase, lease or otherwise, a school site that is outside the area of jurisdiction established in respect of the board by regulation made under subsection 58.1 (2) and may operate a separate school on the site, but a separate district school board shall not expropriate such a site.

(4) Section 195 of the Act is amended by adding the following subsections: Regulations re land reserved for use as a school site

(7) The Minister may make regulations.

(a) respecting the length of the extension under subsection 51 (25.2) of the Planning Act\;

(b) prescribing conditions for the purposes of subsection 51 (25.3) of the Planning Act. Same

(8) Without limiting the generality of clause (7) (b), regulations made under that clause may prescribe conditions that include a requirement that the board make a non-refundable deposit. Same

(9) Subsections 194 (3.5) and (3.6) apply to regulations made under subsection (7). y

102. (1) Subsection 197 (2) of the Act is amended by striking out "separate school board" in the second and third lines and in the last line and substituting in each case "Roman Catholic board".

(2) Subsection 197 (6) of the Act is repealed and the following substituted: Taxation

(6) All land acquired by a board for the purpose of conducting a natural science program and other out-of-classroom programs, so long as it is held by the board and is not situated within the jurisdiction of the board or within the jurisdiction of another board with which the board has entered into an agreement under subsection (5), is subject to taxation for municipal and school purposes in the municipality in which it is situate.

103. Section 201 of the Act is repealed and the following substituted: Establishment of committee

201. A district school board may establish a school board advisory committee.

104. (1) Clause 202 (1) (e) of the Act is repealed and the following substituted:

(e) the persons, if any, appointed under subsections (2) to (3.2).

(2) Subsections 202 (2) and (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, are repealed and the following substituted: English-language separate district school board

(2) In the case of an English-language separate district school board where the Diocesan Council or Councils of the Federation of Catholic Parent-Teacher Associations of Ontario organized in the area of jurisdiction of the board so recommend, the board shall appoint to the committee two persons selected by the Council or Councils. French-language separate district school board

(3) In the case of a French-language separate district school board where the Fdration des associations de parents francophones de l'Ontario organized in the area of jurisdiction of the board so recommends, the board shall appoint to the committee two Roman Catholics selected by the regional section and, where there is no regional section, by the local section of the Fdration. English-language public district school board

(3.1) In the case of an English-language public district school board where the Home and School Council organized in the area of jurisdiction of the board so recommends, the board shall appoint to the committee two persons selected by the Council. French-language public district school board

(3.2) In the case of a French-language public district school board where the Fdration des associations de parents francophones de l'Ontario organized in the area of jurisdiction of the board so recommends, the board shall appoint to the committee one person selected by the regional section and, where there is no regional section, by the local section of the Fdration.

105. Section 206 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 33, is repealed.

106. (1) Subsection 208 (2) of the Act is amended by striking out "Municipal Elections Act" in the second line and in the fifth line and substituting in each case "Municipal Elections Act, 1996".

(2) Section 208 of the Act is amended by adding the following subsection: Transition: 1998

(5.1) For the purposes of a district school board in 1998, a requirement under subsection (4) or (5) to do something at the first meeting of December in each year shall be deemed to be a requirement to do the thing at the first meeting of the board in 1998, or at an earlier meeting as directed under section 351.

(3) Subsection 208 (11) of the Act is repealed and the following substituted: Quorum

(11) The presence of a majority of all the members constituting a board is necessary to form a quorum.

(4) Subsection 208 (12) of the Act is amended by striking out "Subject to subsection 56 (4)" at the beginning.

107. The Act is amended by adding the following section: Regulations: electronic meetings

208.1 (1) The Lieutenant Governor in Council may make regulations respecting the use of electronic means for the holding of meetings of a district school board and meetings of a committee of a district school board, including a committee of the whole board. Same

(2) A regulation under subsection (1) may provide that a board member who participates in a meeting through electronic means shall be deemed to be present at the meeting for the purposes of this and every other Act, subject to such conditions or limitations as may be provided for in the regulation.

b Same

(3) A regulation under subsection (1) may provide for participation through electronic means by members of the board, pupil representatives and members of the public. Same

(4) In a regulation under this section, the Lieutenant Governor in Council may provide for any matter by authorizing a board to develop and implement a policy with respect to the matter. Same

(5) The minimum requirements specified in section 230 for physical presence in the meeting room of a board shall not be interpreted to prevent a higher minimum being provided for under this section. y

108. (1) Subsection 209 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 65, is further amended by striking out "trustee" in paragraph 2 of the declaration and substituting "board member".

(2) Subsection 209 (3) of the Act is amended by striking out "trustee" in the third line and substituting "board member".

109. Subsection 210 (5), as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, and subsections 210 (6) and (7) of the Act are repealed.

110. Sections 214, 215 and 216 of the Act are repealed.

111. (1) Subsection 218 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 70, is further amended by striking out "under section 104, 209, 220, 221 or 229" at the end.

(2) Subsection 218 (6) of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 70, is further amended by striking out "trustees" in the fourth line and substituting "board members".

112. Part VII of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 34, 1996, chapter 32, section 70 and 1997, chapter 3, section 4, is repealed and the following substituted:

PART VII

BOARD MEMBERS-QUALIFICATIONS, RESIGNATIONS AND VACANCIES Qualifications of members

219. (1) A person is qualified to be elected as a member of a district school board or school authority if the person is qualified to vote for members of that district school board or that school authority and is resident in its area of jurisdiction. Same

(2) A person who is qualified under subsection (1) to be elected as a member of a district school board or school authority is qualified to be elected as a member of that district school board or school authority for any geographic area in the district school board's or school authority's area of jurisdiction, regardless of which positions on that district school board or school authority the person may be qualified to vote for. Eligibility for re-election

(3) A member of a district school board or school authority is eligible for re-election if otherwise qualified. Disqualifications

(4) Despite subsection (1), a person is not qualified to be elected or to act as a member of a district school board or school authority if the person is,

(a) an employee of a district school board or school authority;

(b) the spouse of a person mentioned in clause (a);

(c) the clerk or treasurer or deputy clerk or deputy treasurer of a county or municipality, including a regional municipality, the County of Oxford and The District Municipality of Muskoka, all or part of which is included in the area of jurisdiction of the district school board or the school authority;

(d) a member of the Assembly or of the Senate or House of Commons of Canada; or

(e) otherwise ineligible or disqualified under this or any other Act. Leave of absence

(5) Despite subsection (4), a person who is,

(a) an employee of a district school board or school authority;

(b) the spouse of a person mentioned in clause (a); or

is not ineligible to be a candidate for or to be elected as a member of a district school board or school authority if he or she or, in the case of clause (b), his or her spouse, takes an unpaid leave of absence, beginning no later than nomination day and ending on voting day, in which case subsections 30 (2) to (7) of the Municipal Elections Act, 1996 apply with necessary modifications. Same

(6) In subsection (5),

"nomination day" and "voting day" have the same meaning as in the Municipal Elections Act, 1996. Disqualification: district school board by-elections

(7) Despite subsection (1), a person is not qualified to be elected in a by-election or to act as a member of a district school board if the person is,

(a) a member of any other district school board;

(b) a member of a school authority;

(c) a member of the council of a county or municipality, including a regional municipality, the County of Oxford and The District Municipality of Muskoka, all or part of which is included in the area of jurisdiction of the district school board; or

(d) an elected member of a local board, as defined in the Municipal Affairs Act, of a county or municipality, including a regional municipality, the County of Oxford and The District Municipality of Muskoka, all or part of which is included in the area of jurisdiction of the district school board,

and the person's term of office has at least two months to run after the last day for filing nominations for the by-election, unless before the closing of nominations the person has filed his or her resignation with the secretary of the other district school board, with the secretary of the school authority or with the clerk of the county or municipality, as the case may be. Disqualification: school authority by-elections

(8) Despite subsection (1), a person is not qualified to be elected in a by-election or to act as a member of a school authority if the person is,

(a) a member of any other school authority;

(b) a member of a district school board;

and the person's term of office has at least two months to run after the last day for filing nominations for the by-election, unless before the closing of nominations the person has filed his or her resignation with the secretary of the other school authority, with the secretary of the district school board or with the clerk of the county or municipality, as the case may be. Qualification to act as a member

(9) A person is not qualified to act as a member of a district school board or school authority if the person ceases to hold the qualifications required to be elected as a member of the district school board or the school authority. Person not to be candidate for more than one seat

(10) No person shall run as a candidate for more than one seat on a district school board or school authority and any person who does so and is elected to hold one or more seats on the district school board or the school authority is not entitled to act as a member of the district school board or the school authority by reason of the election. Vacancy where member disqualified

(11) The seat of a member of a district school board or school authority who is not qualified or entitled to act as a member of that district school board or that school authority is vacated.

' Members to remain in office

221. (1) The members of a board shall remain in office until their successors are elected and the new board is organized. Board not to cease for want of members

(2) A board does not cease to exist by reason only of the lack of members. Resignation of members

(3) A member of a board, with the consent of a majority of the members present at a meeting, entered on the minutes of it, may resign as a member, but he or she shall not vote on a motion as to his or her own resignation and may not resign as a member if the resignation will reduce the number of members of the board to less than a quorum. Resignation to become candidate for some other office

(4) Despite subsection (3), where it is necessary for a member of a board to resign to become a candidate for some other office, the member may resign by filing his or her resignation, including a statement that the resignation is for the purpose of becoming a candidate for some other office, with the secretary of the board and the resignation shall become effective on November 30 after it is filed or on the day preceding the day on which the term of the office commences, whichever is the earlier. Vacancies

222. (1) Subject to section 225, if the office of a member of a board becomes vacant before the end of the member's term,

(a) the remaining elected members shall appoint a qualified person to fill the vacancy within 60 days after the office becomes vacant, if a majority of the elected members remain in office; or

(b) a by-election shall be held to fill the vacancy, in the same manner as an election of the board, if a majority of the elected members do not remain in office. Optional election

(2) Despite clause (1) (a), if elections of the board are held under the Municipal Elections Act, 1996 and the vacancy occurs in a year in which no regular election is held under that Act or before April 1 in the year of a regular election, the remaining elected members may by resolution require that an election be held in accordance with the Municipal Elections Act, 1996 to fill the vacancy. Same

(3) The secretary of the board shall promptly send to the clerk of the appropriate municipality a certified copy of the resolution under subsection (2).

b Notice re clause (1) (b)

(3.1) Where clause (1) (b) applies, the secretary of the board shall promptly send to the clerk of the appropriate municipality a notice that clause (1) (b) applies and the notice shall be deemed to be a resolution indicating a by-election is required for the purposes of section 65 of the Municipal Elections Act, 1996. y Term of office

(4) A member appointed or elected to fill a vacancy shall hold office for the remainder of the term of the member who vacated the office. Elections for three member boards

223. (1) If an election is required to fill a vacancy on a board that is composed of three members and there are fewer than two remaining members of the board, a meeting of the electors may be called by any two electors of the board or by the appropriate supervisory officer. Time of meeting

(2) The meeting shall take place within 60 days of the date on which the last office became vacant. Notice of meeting

(3) At least six days before the meeting, the person or persons calling the meeting shall post a notice of the meeting in at least three public places within the area of jurisdiction of the board. Election at meeting

(4) The electors at the meeting shall elect the required number of board members to fill the vacancies. Vacancy in rural separate school board before incorporation

224. (1) If a vacancy occurs in the office of a member of the board of a rural separate school before the board members become a body corporate, the remaining board members shall promptly take steps to hold a by-election to fill the vacancy, and the person elected shall hold office for the remainder of the term of the board member who vacated the office. Manner of election

(2) The by-election shall be conducted in the same manner as an election of the whole board. Vacancy on board

225. Where a vacancy occurs on a board,

(a) within one month before the next election, it shall not be filled; or

(b) after the election, but before the new board is organized, it shall be filled immediately after the new board is organized in the same manner as for a vacancy that occurs after the board is organized. Election to fill vacancy

226. (1) Where an election is required to fill a vacancy on a board that is composed of more than three members and whose elections are not conducted under the Municipal Elections Act, 1996, the nomination shall be held on the third Monday following the day on which the office becomes vacant and the polling shall be held on the second Monday following the day of nomination, and the nomination and polling shall be held in the same manner and at the same times as for the office that became vacant. Extension of time limits

(2) The remaining members of the board may extend the time for the nomination and the polling under subsection (1), but the polling shall be held no later than 60 days after the office becomes vacant. Appointment of board members on failure of qualified person

227. (1) Where the appropriate supervisory officer reports that no qualified persons or an insufficient number of qualified persons are available or that the electors have failed to elect a sufficient number of members of a district school area board to form a quorum, the Minister may appoint as members of the board such persons as the Minister may consider proper, and the persons so appointed have, during the term of such appointment, all the authority of board members as though they were eligible and duly elected according to this Act. Interim administration pending by-elections

(2) Where under this Act vacancies on a board are required to be filled by an election to be conducted under the Municipal Elections Act, 1996 and no election can be held under that Act, the Minister may by order provide for the fulfilling of the duties and obligations of the board until such time as an election is held in accordance with the Municipal Elections Act, 1996 and the members so elected have taken office. Tie vote

228. If two or more candidates receive an equal number of votes at a meeting held under clause 222 (1) (a) to appoint a person to fill a vacancy or at a meeting to elect a person to fill a vacancy, the chair of the meeting shall provide for the drawing of lots to determine which of the candidates shall be appointed or elected. Seat vacated by conviction, absence etc.

229. (1) A member of a board vacates his or her seat if he or she,

(a) is convicted of an indictable offence;

(b) absents himself or herself without being authorized by resolution entered in the minutes, from three consecutive regular meetings of the board;

(d) becomes disqualified under subsection 219 (4); or

(e) fails to meet the requirements of section 230. Exception: conviction

(2) Despite subsection (1), where a member of a board is convicted of an indictable offence, the vacancy shall not be filled until the time for taking any appeal that may be taken from the conviction has elapsed, or until the final determination of any appeal so taken, and in the event of the quashing of the conviction the seat shall be deemed not to have been vacated. Filling of vacancies

(3) Where a seat becomes vacant under this section, the provisions of this Act with respect to the filling of vacancies apply. In person attendance required

230. (1) Despite section 208.1 but subject to subsection (2), a member of a board shall be physically present in the meeting room of the board for at least three regular meetings of the board in each 12-month period beginning December 1. Same

(2) Despite section 208.1, for the period beginning when a member of a board is elected or appointed to fill a vacancy and ending on the following November 30, the member shall be physically present in the meeting room of the board for at least one regular meeting of the board for each period of four full calendar months that occurs during the period beginning with the election or appointment and ending on the following November 30. Transition: district school boards in 1998

(3) Despite section 208.1, in 1998, a member of a district school board shall be physically present in the meeting room of the board for at least three regular meetings of the board.

113. (1) Part IX of the Act is repealed and the following substituted:

PART IX

FINANCE DIVISION A

GENERAL Estimates Estimates

231. (1) Every board, before the beginning of each fiscal year and in time to comply with the date set under clause (7) (c), shall prepare and adopt estimates of its revenues and expenditures for the fiscal year, and the estimates,

(a) shall set out the estimated revenues and expenditures of the board, including debt charges payable by the board or on its behalf by the council of a municipality, a county, a regional or district municipality or the County of Oxford;

(b) shall provide for a projection of any surplus or deficit arising in the fiscal year immediately preceding the fiscal year, as calculated by the treasurer of the board;

(c) shall make due allowance for a surplus of any previous fiscal year that will be available during the current fiscal year, including a surplus projected under clause (b);

(d) shall provide for any deficit of any previous fiscal year, including a deficit projected under clause (b);

(e) shall provide for allocations to reserve funds as required by the regulations made under section 232;

(f) may provide for a reserve for working funds of a sum not in excess of 5 per cent of the expenditures of the board for the preceding fiscal year, but, where the sum accumulated in the reserve is equal to or more than 20 per cent of those expenditures, no further sum shall be provided; and

(g) subject to clause (d), shall not provide for any deficit. Balanced budget

(2) In meeting the requirements of clause (1) (a), the board shall ensure that its estimated expenditures do not exceed its estimated revenues. Rule for 1998

(3) Despite clause (1) (f), in the fiscal year January 1, 1998 to August 31, 1998, a district school board may provide for a reserve for working funds of a sum not in excess of the amount prescribed by regulation under clause 232 (1) (c) for the district school board. Reserve fund limitation exception

(4) The limitation on the sum that a board may allocate to a reserve fund under section 232 does not apply to revenue received by a board in any fiscal year from the sale or disposal of, or insurance proceeds in respect of, permanent improvements. Same

(5) The limitation on the sum that a board may include in its estimates for permanent improvements under section 232 does not apply to the following:

1. An expenditure from a reserve fund for the purpose for which the fund was established.

2. The portion of an expenditure for a permanent improvement receivable by way of a grant under section 9 of the Community Recreation Centres Act or receivable from a municipality pursuant to an agreement under section 183.

b Reserve fund money

(6) Subject to section 241, the money held in a reserve fund by a board shall not be expended, pledged or applied to any purpose other than that for which the fund was established without the approval of the Minister. Same

(6.1) Subsections 163 (2.2), (2.3) and (4) of the Municipal Act do not apply with respect to the money. Same

(6.2) The money allocated to a reserve fund shall be paid into a special account. Same

(6.3) Instead of keeping a separate account for each reserve fund, a board may keep a consolidated account in which there may be deposited the money allocated to all reserve funds established by the board. Same

(6.4) The consolidated account shall be kept in a way that permits the true state of each reserve fund to be determined. y Minister's powers

(7) The Minister may,

(a) issue guidelines respecting the form and content of estimates required under this section;

(b) require boards to comply with the guidelines; and

(c) require boards to submit a copy of the estimates to the Ministry, by a date specified for the purpose by the Minister. Same

(8) The Regulations Act does not apply to anything done by the Minister under subsection (7). Regulations re estimates

232. (1) The Minister may make regulations governing estimates that a board is required to prepare and adopt, including but not limited to regulations,

(a) requiring a board, in the manner and to the extent specified in the regulations, to allocate specified amounts or types of revenues of the board to a reserve fund for permanent improvements or to a reserve fund for other purposes specified in the regulations;

(b) requiring a board, in the manner and to the extent specified in the regulations, to limit the amount of revenues of the board, or the amount of specified types of revenues of the board, that may be,

(i) allocated by the board in a fiscal year to a reserve fund for permanent improvements or to a reserve fund for other purposes specified in the regulation, or

(ii) expended in a fiscal year for permanent improvements or for other purposes specified in the regulation;

(c) prescribing the maximum amount that a district school board may provide for a reserve for working funds in the fiscal year January 1, 1998 to August 31, 1998 and establishing different amounts for different district school boards. Same

(2) A regulation made under this section may be general or particular and may apply in respect of any class of board or any class of permanent improvement. Same

(3) A class may be defined under this section with respect to any characteristic and may be defined to consist of or to include or exclude any specified member of the class, whether or not with the same attributes.

b Reserve following strike, lock-out

233. (1) Where, in any fiscal year, any money that was provided in the estimates of a board for payment of salaries and wages of teachers and other employees in relation to employment in that year is not paid by reason of a strike by or lock-out of the teachers and other employees, or any of them, an amount of money calculated in accordance with the regulations shall in that fiscal year be placed in a reserve. Same

(1.1) The amount in the reserve at the end of the fiscal year shall be brought into the general revenues of the board for that fiscal year. y Regulations

(2) The Minister, subject to the approval of the Lieutenant Governor in Council, may make regulations, which may be of general or particular application, providing for the calculation of the amounts of money to be placed in a reserve under subsection (1). Legislative and Municipal Grants Regulations governing legislative grants

234. (1) Subject to subsections (2) and (3), the Lieutenant Governor in Council may make regulations governing the making of grants for educational purposes from money appropriated by the Legislature. Same

(2) Regulations made under subsection (1) shall ensure that the legislation and regulations governing education funding operate in a fair and non-discriminatory manner,

(a) as between English-language public boards and English-language Roman Catholic boards; and

(b) as between French-language public district school boards and French-language separate district school boards. Same

(3) Regulations made under subsection (1) shall ensure that the legislation and regulations governing education funding operate so as to respect the rights given by section 23 of the Canadian Charter of Rights and Freedoms. Same

(4) Without limiting the generality of subsection (1), a regulation made under subsection (1) may,

(a) provide for the method of calculating or determining any thing for the purposes of calculating or paying all or part of a legislative grant;

(b) prescribe the conditions governing the calculation or payment of all or part of a legislative grant;

(c) authorize the Minister to withhold all or part of a legislative grant if a condition of the legislative grant is not satisfied or to require that all or part of a legislative grant be repaid if a condition of the grant is not satisfied. Same

(5) Without limiting the generality of clause (4) (b), the approval or confirmation of the Minister of any thing may be prescribed in a regulation made under subsection (1) as a condition governing the calculation or payment of all or part of a legislative grant. Additional powers of Minister

(6) The Minister may, for the purposes of the calculation and payment of legislative grants, prescribe the standards that shall be attained by a community group in respect of the provision of adult basic education under subsection 189 (3) and the criteria that shall be used to determine whether the standards are attainable. Same

(7) A regulation made under subsection (1),

(a) may be general or particular in its application; and

(b) may be made to apply with respect to any period specified in the regulation including a period before the regulation is made. Payment schedule

(8) The Minister may prescribe the number of instalments in which payments of legislative grants shall be paid to boards, the dates on which the payments shall be made and the amounts of the payments as a percentage of the total amount estimated by the Minister to be payable to the boards. Non-application of Regulations Act

(9) An act of the Minister under this section is not a regulation within the meaning of the Regulations Act. Temporary grants

(10) Despite subsection (2), the Lieutenant Governor in Council may make regulations providing for such funding to a board as the Lieutenant Governor in Council considers advisable, to assist the board in adapting to the education governance and education funding reforms of 1997 and 1998. Limitation

(11) A regulation made under subsection (10) shall not be made for the purpose of assisting a board after August 31, 2001.

b Same

(11.1) Despite subsection (11), where special circumstances exist in respect of one or more boards, a regulation may be made under subsection (10) in respect of the board or boards until August 31, 2003. y General or particular

(12) A regulation made under subsection (10) may be general or particular. Definition

(13) In subsections (2) and (3) and in Division F,

"education funding" means revenue available to a board,

(a) from grants made under subsection (1),

(b) from tax rates levied under Division B, and

235. (1) In this section,

"municipality" includes a county, a regional municipality, The District Municipality of Muskoka and the County of Oxford. Boards to share in municipal grants

(2) All grants, investments and allotments made by a municipality or by a local board of a municipality for education purposes, including but not limited to grants referred to in section 113 of the Municipal Act, shall be shared in accordance with subsection (3) among the boards whose area of jurisdiction is all or partly the same as the area of jurisdiction of the municipality or the local board. Same

(3) The share of a board shall be determined by comparing the average number of pupils enrolled at the schools of the board in the area of jurisdiction of the municipality or the local board of the municipality making the grant, investment or allotment during the preceding 12 months, or during the number of months that have elapsed since the establishment of the board if it is a new board, as compared with the whole average number of pupils enrolled at the schools of all boards in the area of jurisdiction of the municipality or the local board. Board Support Notice re status as supporter, English-language public board

236. (1) An individual who is an owner or tenant of residential property in the area of jurisdiction of any board or outside the area of jurisdiction of all boards but within a municipality, is entitled, on application under section 16 of the Assessment Act to the assessment commissioner for the area in which the property is located, to have his or her name included or altered in the assessment roll as an English-language public board supporter. Same, English-language Roman Catholic board

(2) An individual who is a Roman Catholic and an owner or tenant of residential property in the area of jurisdiction of an English-language Roman Catholic board is entitled, on application under section 16 of the Assessment Act to the assessment commissioner for the area in which the property is located, to have his or her name included or altered in the assessment roll as an English-language Roman Catholic board supporter. Same, French-language public district school board

(3) An individual who is a French-language rights holder and an owner or tenant of residential property in the area of jurisdiction of a French-language public district school board is entitled, on application under section 16 of the Assessment Act to the assessment commissioner for the area in which the property is located, to have his or her name included or altered in the assessment roll as a French-language public district school board supporter. Same, French-language separate district school board

(4) An individual who is a Roman Catholic, a French-language rights-holder and an owner or tenant of residential property in the area of jurisdiction of a French-language separate district school board is entitled, on application under section 16 of the Assessment Act to the assessment commissioner for the area in which the property is located, to have his or her name included or altered in the assessment roll as a French-language separate district school board supporter. Same, Protestant separate school board

(5) An individual who is a Protestant and who occupies residential property as owner or tenant in a municipality in which a Protestant separate school board is established, is entitled, on application under section 16 of the Assessment Act to the assessment commissioner for the area in which the property is located, to have his or her name included or altered in the assessment roll as a Protestant separate school board supporter. School support, partnership or corporation other than designated ratepayer

237. (1) In this section,

"partnership" means partnership within the meaning of the Partnerships Act. Non-application to designated ratepayer

(2) This section does not apply to a corporation that is a designated ratepayer as defined in subsection 238 (1). Right of corporation or partnership

(3) Subject to subsections (9) and (11), a corporation or partnership by notice to the assessment commissioner in a form approved by the Minister of Finance under the Assessment Act may,

(a) require the whole or any part of its assessment for residential property that it owns and that is within the jurisdiction of an English-language Roman Catholic board to be entered and assessed for English-language Roman Catholic board purposes;

(b) require the whole or any part of its assessment for residential property that it owns and that is within the jurisdiction of a French-language separate district school board to be entered and assessed for French-language separate district school board purposes; or

(c) require the whole or any part of its assessment for residential property that it owns and that is within the jurisdiction of a French-language public district school board to be entered and assessed for French-language public district school board purposes. Duty of assessment commissioner

(4) On receiving a notice under subsection (3) from the corporation or partnership, the assessment commissioner shall enter separately on the assessment roll to be next returned the corporation's or partnership's school support for each type of board specified in the notice. Same

(5) The assessment commissioner shall separately enter and assess for English-language public board purposes any assessment of the corporation or partnership not specified in the notice. Notice to clerk

(6) The assessment commissioner, on receipt of the notice from the corporation or partnership, shall forward a copy of the notice to the clerk of the municipality in which the residential property referred to in the notice is located. Duty of clerk

(7) On receiving the notice from the assessment commissioner, the clerk shall enter the corporation or partnership in the collector's roll and enter separately the corporation's or partnership's school support for each type of board specified in the notice. Same

(8) The clerk shall separately enter and show as assessed for English-language public board purposes any assessment of the corporation or partnership not specified in the notice. Re corporation

(9) The portions of an assessment of a corporation that are assessed other than for English-language public board purposes shall not bear a greater proportion to the whole assessment of the corporation than,

(a) in the case of assessment assessed for English-language Roman Catholic board purposes, the number of shares held in the corporation by supporters of an English-language Roman Catholic board bears to the total number of shares of the corporation issued and outstanding;

(b) in the case of assessment assessed for French-language separate district school board purposes, the number of shares held in the corporation by supporters of a French-language separate district school board bears to the total number of shares of the corporation issued and outstanding; and

(c) in the case of assessment assessed for French-language public district school board purposes, the number of shares held in the corporation by supporters of a French-language public district school board bears to the total number of shares of the corporation issued and outstanding. Same

(10) Subsection (9) does not apply to a corporation without share capital or a corporation sole. Re partnership

(11) The portions of an assessment of a partnership that are assessed other than for English-language public board purposes shall not bear a greater proportion to the whole assessment of the partnership than,

(a) in the case of assessment assessed for English-language Roman Catholic board purposes, the interest of partners who are supporters of an English-language Roman Catholic board in the assets giving rise to the assessment bears to the whole interest of the partnership in the assets giving rise to the assessment;

(b) in the case of assessment assessed for French-language separate district school board purposes, the interest of partners who are supporters of a French-language separate district school board in the assets giving rise to the assessment bears to the whole interest of the partnership in the assets giving rise to the assessment; and

(c) in the case of assessment assessed for French-language public district school board purposes, the interest of partners who are supporters of a French-language public district school board in the assets giving rise to the assessment bears to the whole interest of the partnership in the assets giving rise to the assessment. School support if corporation, partnership is tenant

(12) A corporation or partnership that is a tenant of residential property may, subject to subsection (13), by notice to the assessment commissioner in a form approved by the Minister of Finance under the Assessment Act indicate the board or boards to which it wishes the amounts levied under section 257.7 in respect of such property to be distributed and the proportions of the amounts to be distributed to each board, and the amounts shall be distributed to the board or boards in the proportions indicated in the notice, and any portion of the amounts not indicated in the notice to be distributed to a specific board shall be distributed to the English-language public board that has jurisdiction in the area in which the property is located.

b Application of ss. (9), (10), (11), (14), (15) and (16)

(13) Subsections (9), (10), (11), (14), (15) and (16) apply with necessary modifications to a notice given under subsection (12). y Effect of notice

(14) A notice given by a corporation under this section pursuant to a resolution of the directors or other persons having control or management over the affairs of the corporation is sufficient and shall continue in force and be acted on until it is withdrawn, varied or cancelled by a notice subsequently given by the corporation pursuant to a resolution of the directors or those other persons. Same

(15) A notice given by a partnership under this section is sufficient if signed by a partner and shall continue in force and be acted on until it is withdrawn, varied or cancelled by a notice subsequently given by a partner. Inspection of notices

(16) Every notice given under this section shall be kept by the assessment commissioner in his or her office, and shall at all convenient hours be open to inspection and examination. Type of board

(17) For the purposes of subsections (4) and (7), the following are types of boards:

1. English-language Roman Catholic boards.

2. French-language public district school boards.

3. French-language separate district school boards. School support, designated ratepayers

238. (1) In this section,

"common jurisdictional area", in respect of two or more boards, means the area that is within the area of jurisdiction of both or all of those boards; ("territoire commun de comptence")

"designated ratepayer" means,

(a) the Crown in right of Canada or a province,

(b) a corporation without share capital or corporation sole that is an agency, board or commission of the Crown in right of Canada or a province,

(d) a corporation without share capital that is a local board as defined in the Municipal Affairs Act,

(e) a conservation authority established by or under the Conservation Authorities Act or a predecessor of that Act, or

(f) a public corporation; ("contribuable dsign")

"public corporation" means,

(a) a body corporate that is, by reason of its shares, a reporting issuer within the meaning of the Securities Act or that has, by reason of its shares, a status comparable to a reporting issuer under the law of any other jurisdiction,

(b) a body corporate that issues shares that are traded on any market if the prices at which they are traded on that market are regularly published in a newspaper or business or financial publication of general and regular paid circulation, or

(c) a body corporate that is, within the meaning of subsections 1 (1) and (2), clause 1 (3) (a) and subsections 1 (4), (5) and (6) of the Securities Act, controlled by or is a subsidiary of a body corporate or two or more bodies corporate described in clause (a) or (b) and, for the purposes of this clause, the expression "more than 50 per cent of the votes" in the second and third lines of clause 1 (3) (a) of the Securities Act shall be deemed to read "50 per cent or more of the votes". ("socit ouverte")

' Distribution of taxes

(3) The rates levied under Division B on the property of a designated ratepayer shall be distributed and paid in accordance with sections 257.8 and 257.9.

' Tenant support re distribution of amounts levied

239. (1) Where residential property is occupied by a tenant, the amounts levied under section 257.7 in respect of that property shall be distributed to the board of which the tenant is a supporter. If tenant is corporation or partnership

(2) If a tenant referred to in subsection (1) is a corporation or partnership referred to in section 237, for the purposes of subsection (1), the tenant shall be deemed to be a supporter of each board indicated in the notice given by the tenant under subsection 237 (12) or to be a supporter of the English-language public board as provided for by that subsection, and the amounts levied under section 257.7 in respect of the property occupied by the tenant shall be distributed to the boards of which the tenant is deemed to be a supporter in accordance with the notice and with subsection 237 (12). If tenant is designated ratepayer

(3) If a tenant referred to in subsection (1) is a designated ratepayer as defined in subsection 238 (1), for the purposes of subsection (1), the tenant shall be deemed to be a supporter of each board in whose jurisdiction the property occupied by the tenant is located and the amounts levied under section 257.7 in respect of that property shall be distributed to each of those boards in the same manner as the amounts levied on the business property of a designated ratepayer are distributed under section 257.8. Amount to be levied if multiple tenants

(4) If a parcel of residential property is occupied by more than one tenant, the amounts levied in respect of the property occupied by each tenant shall be determined as though the assessed value of the property occupied by each tenant were the assessment attributable to that tenant under subsection 14 (3) of the Assessment Act. Agreement between owner and tenant

(5) Where the person who occupies residential property is a tenant, no agreement between the owner and the tenant as to the application of taxes for school purposes as between themselves alters or affects subsections (1), (2), (3) or (4). Conflict

(6) Subsections (1), (2), (3) and (4) prevail in the event of a conflict between those subsections and section 237, subsection 238 (3) or section 257.9.

b School Rate: Certain Circumstances School rate: certain circumstances

240. (1) Where, in a municipality,

(a) a person is entered on the collector's roll as an English-language public board supporter and there is no English-language public board to which school rates if levied in any year on the taxable property of the person in the municipality, may be paid; or

(b) a designated ratepayer as defined in subsection 238 (1) is entered on the collector's roll and there is no board to which school rates if levied in any year on the taxable property of the designated person in the municipality, may be paid,

there shall be levied and collected annually on the taxable property of the person referred to in clause (a) or of the designated ratepayer referred to in clause (b), as the case may be, in the municipality the same rates as are prescribed under section 257.12. y Reserve account

(2) The money raised under subsection (1) shall be deposited in a reserve account for English-language public board purposes and may be invested in the securities prescribed under clause 241 (6) (b), subject to the rules prescribed by the regulations for the purposes of clause 241 (1) (a), and for the purpose "invest" and "securities" have the same meaning as in section 241. Same

(3) The earnings from the investments under subsection (2) shall form part of the reserve account. Use of money in account

(4) Subject to subsection (5), where, in a municipality referred to in subsection (1), a district school area board is organized and makes provision for the education of its resident pupils, the municipal council shall pay over to the board the money that is held by the municipality under this section, and the money,

(a) shall be used for expenditures for permanent improvements for the purposes of the board that the board considers expedient; and

(b) shall be used for any other purpose approved by the Minister, in the amounts and over the periods that are approved by the Minister. Application in area of jurisdiction of a public district school board

(5) Where a municipality referred to in subsection (1) becomes part of the area of jurisdiction of an English-language public district school board, the municipal council shall pay over to the English-language public district school board the money that is held by the municipality and the money shall be used as set out in clause (4) (b). Subclass reductions

(6) Section 368.1 of the Municipal Act applies with necessary modifications with respect to the rates levied under this section. Borrowing and Investment by Boards Investment powers

241. (1) A board may,

(a) subject to any rules prescribed under subsection (6), invest in securities prescribed under subsection (6) any money of the board that is in the board's general fund, capital fund or reserve funds and that is not immediately required by the board;

(b) advance money from the board's general fund or reserve funds that is not immediately required by the board, to the board's capital fund as interim financing of capital undertakings of the board;

(c) combine money held in the board's general fund, capital fund and reserve funds and, subject to subsection (3), deal with the money in accordance with clause (a); and

(d) despite the provisions of any other Act, borrow, for any purpose for which the board has authority to spend money, any money in any fund established by the board that is not immediately required by the board for the purposes of the fund. Restrictions

(2) Money advanced under clause (1) (b) shall be made repayable on or before the day on which the board requires the money and any interest or other earnings on the money advanced shall be credited to the fund from which it was advanced. Same

(3) Money combined under clause (1) (c) shall be made repayable on or before the day on which the board requires the money and any interest or other earnings from the combined investments shall be credited to each separate fund in proportion to the amount invested from that fund.

b Same

(4) Clause (1) (d) does not apply to a sinking fund, a retirement fund, a fund prescribed under clause 247 (3) (e) or to money in an education development charges account under an education development charge by-law to which section 257.103 applies. y Report on borrowings

(5) At the first meeting of a board after a regular election, the treasurer shall report to the board on all borrowings under clause (1) (d) that have not been repaid. Regulations

(6) The Lieutenant Governor in Council may make regulations,

(a) prescribing rules for the purposes of clause (1) (a);

(b) prescribing securities or classes of securities for the purposes of clause (1) (a);

(c) providing that a board does not have the power under this section to invest in the securities or classes of securities specified in the regulation. General or particular

(7) A regulation under subsection (6) may be general or particular in its application 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. Transition

(8) During the year that begins on the day that this section comes into force and ends on the first anniversary of that day, paragraphs 20 and 21 of subsection 171 (1) of the Education Act, as those paragraphs read immediately before the Education Quality Improvement Act, 1997 received Royal Assent, continue to apply to investments made before the day that this section comes into force. Same

(9) An investment to which subsection (8) applies shall not be continued past the end of the year mentioned in subsection (8) unless the investment is in a security or class of securities that is prescribed under clause (6) (b). Definitions

(10) In this section,

"invest" includes purchase, acquire, hold and enter into; ("placer")

"securities" includes financial agreements, investments and evidences of indebtedness. ("valeurs mobilires") Debt, financial obligation and liability limits

242. (1) The Lieutenant Governor in Council may make regulations providing for debt, financial obligation and liability limits for boards or classes of boards including,

(a) defining the types of debt, financial obligation or liability to which the limits applies and prescribing the matters to be taken into account in calculating the limits;

(b) prescribing the amounts to which the debts, financial obligations and liabilities under clause (a) shall be limited;

(c) requiring a board to apply for the approval of the Minister for each specific work or class of works, the amount of debt for which, when added to the total amount of any outstanding debt, financial obligation or liability under clause (a), causes a limit under clause (b) to be exceeded;

(d) prescribing rules, procedures and fees for the determination of the debt, financial obligation and liability limits of a board;

(e) establishing conditions that must be met by a board before undertaking any, or any class of, debt, financial obligation or liability. Approval to exceed limit

(2) A board shall not incur a debt, financial obligation or liability that would cause it to exceed a limit prescribed under clause (1) (b) unless it first obtains the approval of the Minister.

' Risk management activities

(4) The Lieutenant Governor in Council may make regulations allowing a board to engage in risk management activities as defined in the regulation in the circumstances specified in the regulation in order to hedge the risks specified in the regulation under or in connection with any debt instrument, financial obligation or liability of a board. General or particular

(5) A regulation made under this section can be general or particular. Classes

(6) 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. Current borrowing

243. (1) Despite the provisions of any Act, a board may by resolution authorize the treasurer and the chair or vice-chair to borrow from time to time the sums that the board considers necessary to meet the current expenditures of the board until the current revenue has been received. Debt charges

(2) A board may borrow the sums that the board considers necessary to meet debt charges payable in any fiscal year until the current revenue has been received. Limit

(3) The amounts that a board may borrow at any one time for the purposes mentioned in subsections (1) and (2), together with the total of any similar borrowings that have not been repaid and any accrued interest on those borrowings, shall not exceed the unreceived balance of the estimated revenues of the board, as set out in the estimates adopted for the fiscal year.

b Limits for 1998

(4) In the fiscal year January 1, 1998 to August 31, 1998, until the estimates for that fiscal year are adopted, the borrowing limits of a board under subsection (3) shall be calculated as prescribed by regulation under subsection (8) for the board for the purposes of this subsection. y Estimated revenues

(5) For the purposes of subsection (3), estimated revenues do not include revenues derivable or derived from the sale of assets, current borrowings or issues of debentures or instruments prescribed under clause 247 (3) (f) or from a surplus including arrears of taxes and proceeds from the sale of assets. Exception re certain boards

(6) A board may borrow more than the amount authorized to be borrowed under the other provisions of this section if,

(a) at the time of the borrowing, the board is subject to an order made under Division D, vesting control and charge over the administration of the affairs of the board in the Ministry under Division D; and

(b) the Minister approves the borrowing. Approval of Minister

(7) The Minister may make his or her approval under subsection (6) subject to any terms that he or she considers appropriate.

b Regulations

(8) The Minister may make regulations prescribing the method of calculating borrowing limits for the purposes of subsection (4). Definition

(9) In this section,

"current revenue", "estimated revenues" and "revenues" do not include revenue from education development charges. y

' Provincial guarantee of debentures etc.

244. (2) The Lieutenant Governor in Council may by order authorize the Minister of Finance to guarantee payment by the Province of the principal, interest and premium of debentures, debt instruments or other instruments prescribed under clause 247 (3) (f) issued by a board or of debentures or other debt instruments issued by a corporation established under subsection 248 (1) and any such authorization may relate to a single debenture or instrument or to a class of debentures or instruments as such class is defined in the authorizing order in council. Form of guarantee

(3) The form of the guarantee and the manner of its execution shall be determined by order of the Lieutenant Governor in Council, and every guarantee executed in accordance with the order is conclusive evidence of the guarantee. Validity of guaranteed debentures, etc.

(4) Any debenture or debt instrument prescribed under clause 247 (3) (f) or other debt instrument, payment of which is guaranteed by the Province under this section, is valid and binding on the board or corporation by which it is issued according to its terms. Definitions

245. (1) In this section, section 246 and subsection 247 (5),

"debenture", in the case of a Roman Catholic board or of an old board that operated Roman Catholic schools, includes a mortgage; ("dbenture")

"general revenue" means, in respect of a board,

(a) the amounts levied for school purposes that a board receives under Division B, and

(b) the legislative grants received by the board that are made under subsection 234 (1); ("recettes gnrales")

"municipality" includes a regional or district municipality, the County of Oxford and Metro within the meaning of the City of Toronto Act, 1997 (No. 2). ("municipalit") Payments re debentures issued by school authorities, old boards

(2) During the currency of a debenture issued by a school authority or an old board before this section comes into force, the school authority that issued the debenture or a board that assumed the obligation for a debenture issued by an old board shall,

(a) provide in its estimates for each fiscal year for setting aside out of its general revenue in the fiscal year the amount necessary to pay the principal and interest coming due on the debenture in the fiscal year and to pay the amount required to be paid into a sinking fund or retirement fund in respect of the debenture in the fiscal year;

(b) on or before each due date in each year, pay out of its general revenue the principal and interest coming due on the debenture in the year; and

(c) where a sinking fund or retirement fund has been established in respect of a debenture, on or before the anniversary in each year of the issue date of the debenture, pay out of its general revenue the amount required to be paid into the sinking fund or retirement fund in respect of the debenture in the year. Payments re debentures issued by municipality for school authority, old board

(3) During the currency of a debenture issued by a municipality before this section comes into force to raise money for a school authority or an old board, the school authority for which the debenture was issued or the board that assumed the obligation to the municipality for the debenture shall,

(a) provide in its estimates for each fiscal year for setting aside out of its general revenue in the fiscal year the amount necessary to pay to the municipality the amount of the principal and interest coming due on the debenture in the fiscal year and to pay the amount required to be paid by the municipality into a sinking fund or retirement fund in respect of the debenture in the fiscal year;

(b) on or before each due date in each year, pay out of its general revenue to the municipality the principal and interest coming due on the debenture in the year; and

(c) where a sinking fund or retirement fund has been established by the municipality in respect of a debenture, on or before each due date in each year, pay out of its general revenue to the municipality the amount required to be paid into the sinking fund or retirement fund by the municipality in respect of the debenture in the year. Same

(4) For the purposes of subsection (3), the due dates are those specified in the applicable notice given by the treasurer of the municipality to the treasurer of the board. Exception

(5) Despite clauses (2) (a) and (b) and (3) (a) and (b), the principal and interest that must be paid in a year under those clauses does not include any outstanding amount of principal specified as payable on the maturity date of a debenture to the extent that one or more refinancing debentures are issued by the school authority, board or municipality referred to in subsection (2) or (3) to repay the outstanding principal. Application of section

246. (1) Subsections (2) to (5) apply despite,

(a) the provisions of any other Act;

(b) any debenture;

(d) any document relating to a debenture. No obligation to raise money through rates to pay debentures

(2) A board is not obliged to raise money by way of rates,

(a) to pay the principal and interest on a debenture to which section 245 applies;

(b) to pay amounts for deposit into a sinking fund or retirement fund in respect of a debenture to which section 245 applies;

(d) for any other purpose. Deemed amendment

(3) A by-law, resolution, agreement or other document relating to a debenture to which section 245 applies and the debenture shall be deemed to have been amended to accord with subsections (1), (2), (4) and (5). Rights of debenture holder

(4) No holder of a debenture to which section 245 applies shall have any right to require payment, except in accordance with the payment schedule for the debenture, by reason only that the board that has assumed the obligation for the debenture may not be identical to the old board that issued the debenture or that the board that is obliged to make payments to a municipality in respect of the debenture may not be identical to the old board that was obliged to make payments to the municipality in respect of the debenture. Same

(5) None of the following shall constitute default by a district school board, a school authority, an old board or a municipality in the fulfilment of the obligations related to the debenture or a breach by a district school board, a school authority, an old board or a municipality of the terms or conditions of the debenture or of a by-law authorizing the issue of the debenture:

1. The amalgamation or merger of the old board that issued the debenture with a district school board.

2. The inability of a district school board or school authority to impose rates.

3. The elimination of a charge on the property and rates of the board that issued the debenture.

4. Anything done by a district school board or school authority in compliance with this Act or any regulation, order or directive made under this Act. Terms and conditions continued

(6) Subject to subsections (1) to (5), a debenture to which section 245 applies that is issued before this section comes into force continues to be payable on the same terms and conditions as are required by the debenture. Borrowing for permanent improvements

247. (1) Subject to any other provision of this Act and the regulations made under subsection 242 (1) and subsection (3) of this section, a district school board may by by-law borrow money or incur debt for permanent improvements and may issue debentures or issue or execute any instrument prescribed under clause (3) (f) in respect of the money borrowed or the debt incurred. Same, school authorities

(2) Subject to any other provision of this Act and the regulations made under subsection 242 (1) and subsection (3) of this section, and subject to the prior approval of the Minister, a school authority may by by-law borrow money or incur debt for permanent improvements and may issue debentures or issue or execute any instrument prescribed under clause (3) (f) in respect of the money borrowed or the debt incurred. Regulations

(3) The Lieutenant Governor in Council may make regulations,

(a) governing the borrowing of money and the incurring of debt by a board for permanent improvements;

(b) governing the issuance by a board of debentures and instruments prescribed under clause (f) in respect of money borrowed or debt incurred for permanent improvements;

(c) governing any dealings by a board with debentures and instruments described in clause (b), including but not limited to regulations governing the redemption, surrender, exchange, substitution or offering as security of the debentures or instruments;

(d) governing the establishment and operation of sinking funds, retirement funds and any other type of funds that may be prescribed by the regulations and providing for the investment or other application of money held in those funds;

(e) prescribing types of funds for the purpose of clause (d);

(f) prescribing instruments other than debentures that may be issued or executed by a board in respect of money borrowed or debt incurred for permanent improvements;

(g) prescribing the duties of treasurers or other officers of boards in connection with the matters addressed in this section;

(h) providing that any provision of the Municipal Act relating to borrowing or debentures applies, with any modifications specified in the regulations, in relation to borrowing by a board under this section or debentures issued by a board under this section. General or particular

(5) Subject to the regulations, if under subsection (1) or (2) a board issues a debenture or a debt instrument prescribed under clause (3) (f), the board shall,

(a) provide in its estimates for each fiscal year for setting aside out of its general revenue in the fiscal year the amount necessary to pay the principal and interest coming due on the debenture or debt instrument in the fiscal year and to pay the amount required to be paid into a sinking fund or retirement fund or other fund prescribed under clause (3) (e) in respect of the debenture or debt instrument in the fiscal year;

(b) on or before each due date in each year, pay out of its general revenue the principal and interest coming due on the debenture or debt instrument in the year; and

(c) where a sinking fund, retirement fund or other fund prescribed under clause (3) (e) has been established in respect of the debenture or debt instrument, on or before the anniversary in each year of the issue date of the debenture or debt instrument, pay out of its general revenue the amount required to be paid into the sinking fund, retirement fund or such prescribed fund in respect of the debenture or debt instrument in the year. Exception

(6) Despite clauses (5) (a) and (b), the principal and interest that must be paid in a year under those clauses does not include any outstanding amount of principal specified as payable on the maturity date of a debenture or debt instrument to the extent that one or more refinancing debentures or debt instruments are issued by the board to repay the outstanding principal. All debentures, debt instruments rank equally

(7) Despite any other provision of this or any other Act or any differences in date of issue or maturity, every debenture and debt instrument prescribed under clause (3) (f) issued by a board shall rank concurrently and equally in respect of payment of principal and interest with all other debentures and such debt instruments issued by the board, except as to the availability of any sinking fund, retirement fund or other fund prescribed under clause (3) (e) applicable to any issue of debentures or such debt instruments. Registration

(8) Subsections 153 (1), (2), (3), (4), (5) and (7) of the Municipal Act apply with necessary modifications to a by-law of a board authorizing the issue of debentures or debt instruments prescribed under clause (3) (f) that is passed under subsection (1) or (2) of this section but nothing in this subsection makes valid a by-law if it appears on the face of the by-law that it does not substantially comply with a provision of a regulation under subsection (3) that specifies the maximum term within which a debenture or debt instrument prescribed under clause (3) (f) may be made payable. Certain rights and duties continued

(9) Subject to subsection (10), the rights and duties of,

(a) a treasurer or a clerk-treasurer of a county or municipality;

(b) a treasurer of an old board;

(d) a school authority; or

(e) an old board,

under subsections 234 (3) to (6) of this Act, as those provisions read immediately before subsection 113 (1) of the Education Quality Improvement Act, 1997 came into force, continue with respect to debentures to which those subsections applied. Same

(10) The rights and duties described in subsection (9) of an old board or the treasurer of an old board are, respectively, the rights and duties of the district school board or treasurer of the district school board that is obliged to make payments in respect of the debenture 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. Corporation to assist with board financing

248. (1) The Lieutenant Governor in Council may, by regulation, establish a corporation under the name specified in the regulation,

(a) to provide financial services to boards in accordance with the regulations;

(b) to borrow money as principal or agent on behalf of boards in accordance with the regulations; and

(2) The Lieutenant Governor in Council may make regulations,

(a) providing for the composition, management, administration and control of the corporation and prescribing the powers and duties of the corporation;

(b) authorizing the corporation to provide financial services as specified in the regulations to boards in connection with their borrowing, investing, risk management and cash management activities;

(c) authorizing the corporation to borrow money in the capital markets in its own name or in the name of one or more boards on behalf of which the corporation is authorized to act;

(d) establishing terms, conditions and restrictions attaching to securities or other financial instruments issued by the corporation in connection with borrowing described in clause (c) including,

(i) the maximum aggregate principal amount of the securities or other financial instruments authorized for issue at any one time or from time to time,

(ii) any restrictions on the rate or rates of interest payable, the term to maturity, redemption rights, a bonus or discount payable, the currency of issue and selling restrictions,

(iii) any collateral that may be pledged or charged as security, and

(iv) the terms of any guarantee by the Province of repayment by the corporation;

(e) respecting lending by the corporation to boards;

(f) governing the application or non-application to the corporation of any provision of the Business Corporations Act, the Corporations Act and the Corporations Information Act\;

(g) authorizing the corporation to provide financial services to municipalities, to borrow money as principal or agent on behalf of municipalities and to lend money to municipalities;

(h) governing matters necessary or advisable to enable the corporation to carry out its duties. Deemed reference to municipality

(3) If a regulation is made under clause (2) (g) respecting a matter referred to in this section or in section 249, a reference to a board in this section or in section 249 in respect of that matter shall be deemed to include a municipality. Definition

(4) In clause (2) (g) and subsection (3),

"municipality" includes a county, a regional or district municipality and the County of Oxford. Status of securities and other financial instruments

(5) Securities and other financial instruments issued by the corporation shall be deemed to be investments authorized for registered corporations under subsection 162 (1) of the Loan and Trust Corporations Act and authorized for insurers under subsection 433 (1) of the Insurance Act. General or particular

(6) A regulation made under this section may be general or particular. Consent of board, municipality

(7) The corporation shall not provide financial services to a board or a municipality except at the request of the board or municipality and shall not borrow money in the name of a board or a municipality except with the prior approval of the board or municipality. Agreements

249. A board may enter into an agreement with the corporation established under subsection 248 (1),

(a) for the provision to the board of financial services that the corporation is authorized to provide to a board section 248;

(b) for the borrowing of money as principal or agent on behalf of the board as authorized under section 248; and

(c) for the lending of money to the board as authorized under section 248. Miscellaneous Board Revenues Fees or charges for trailers in municipality

250. (1) In this section and in section 251,

"trailer" means any vehicle, whether self-propelled or so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, that is capable of being used for the living, sleeping or eating accommodation of persons, although the vehicle is jacked-up or its running gear is removed; ("roulotte")

"trailer camp" or "trailer park" means land in or on which any trailer is located but not including any such vehicle unless it is used for the living, sleeping or eating accommodation of persons. ("parc roulottes") Share to be paid to boards

(2) Where a trailer is located in a trailer camp or elsewhere in a municipality and fees or charges are collected by the municipality for the trailer or for the land occupied by the trailer in a trailer camp in any year, the council of the municipality shall pay to the English-language public district school board, the district school area board or the secondary school board established under section 67 having jurisdiction in the area in which the trailer is located, 25 per cent of the fees or charges. Same

(3) Despite subsection (2), where the occupant of a trailer located in a municipality is a Roman Catholic and has given to the clerk of the municipality a notice in writing stating that the occupant is a Roman Catholic and wishes to be a supporter of the English-language Roman Catholic board that has jurisdiction in the area in which the trailer is located, the council of the municipality shall pay 25 per cent of the fees or charges to the English-language Roman Catholic board. Share to be paid to two boards

(4) Despite subsections (2) and (3), if a trailer is located in the area of jurisdiction of the two boards mentioned in paragraphs 1, 2 or 3, the municipality shall pay 12.5 per cent of the fees or charges to each of the boards:

1. A district school area board and a secondary school board established under section 67.

2. A Roman Catholic school authority and a secondary school board established under section 67.

3. A Roman Catholic school authority and an English-language public district school board. Same

(5) Despite subsection (2), where the occupant of a trailer located in a municipality is a Roman Catholic and a French-language rights holder and has given to the clerk of the municipality a notice in writing stating that the occupant is a Roman Catholic and wishes to be a supporter of the French-language separate district school board that has jurisdiction in the area in which the trailer is located, the council of the municipality shall pay 25 per cent of the fees or charges to the French-language separate district school board. Same

(6) Despite subsection (2), where the occupant of a trailer located in a municipality is a French-language rights holder and has given to the clerk of the municipality a notice in writing stating that the occupant wishes to be a supporter of the French-language public district school board that has jurisdiction in the area in which the trailer is located, the council of the municipality shall pay 25 per cent of the fees or charges to the French-language public district school board. Fees or charges not part of annual rates

(7) The share of the fees or charges payable to a board by the council of a municipality under this section shall be in addition to any other amount that is payable to the board by the municipality, and shall be paid to the board on or before December 15 in the year for which the fees or charges are collected. Application to municipality operated trailer camps

(8) This section does not apply to trailer camps and trailer parks operated by a municipality. Exception

(9) No fees shall be charged under this section in respect of a trailer assessed under the Assessment Act. Fee for trailers in territory without municipal organization

251. (1) Except as provided in subsections (2) to (5), the owner, lessee or person having possession of a trailer that is located in territory without municipal organization in the area of jurisdiction of a district school area board, a secondary school board established under section 67 or an English-language public district school board, shall pay to the board, on or before the first day of each month, a fee of $5.00 in respect of the trailer for each month or part of a month, except July and August, that the trailer is so located. Same

(2) Where the occupant of a trailer that is located in territory without municipal organization within the area of jurisdiction of an English-language Roman Catholic board is a Roman Catholic and signifies in writing to the board that he or she is Roman Catholic and wishes to be a supporter of the English-language Roman Catholic board, the owner or lessee of the trailer shall pay to the board, on or before the first day of each month a fee of $5.00 in respect of the trailer for each month or part of a month, except July and August, that the trailer is so located. Same

(3) If a trailer is located in the area of jurisdiction of the two boards mentioned in paragraphs 1, 2 or 3, the municipality shall pay $2.50 to each of the boards:

1. A district school area board and a secondary school board established under section 67.

2. A Roman Catholic school authority and a secondary school board established under section 67.

3. A Roman Catholic school authority and an English-language public district school board. Same

(4) Where the occupant of a trailer that is located in territory without municipal organization within the area of jurisdiction of a French-language separate district school board is a Roman Catholic and a French-language rights holder and signifies in writing to the board that he or she is a Roman Catholic and wishes to be a supporter of the French-language separate district school board, the owner or lessee of the trailer shall pay to the board, on or before the first day of each month, a fee of $5.00 in respect of the trailer for each month or part of a month, except July and August, that the trailer is so located. Same

(5) Where the occupant of a trailer that is located in territory without municipal organization within the area of jurisdiction of a French-language public district school board is a French-language rights holder and signifies in writing to the board that he or she wishes to be a supporter of the board, the owner or lessee of the trailer shall pay to the board, on or before the first day of each month, a fee of $5.00 in respect of the trailer for each month or part of a month, except July and August, that the trailer is so located. Notice

(6) No person is required to pay a fee under this section until the person has been notified in writing by the secretary of the board concerned or the tax collector that the person is liable to pay the fee, and on receipt of the notice the person shall promptly pay all fees for which the person has been made liable under this section before receipt of the notice and shall, after that, pay fees in accordance with subsections (1) to (5). Content of notice

(7) Every notice under this section shall make reference to this section and shall specify,

(a) the amount of fees for which the person is liable on receipt of the notice;

(b) the amount of the monthly fee to be paid after receipt of the notice;

(d) the place at which payment may be made; and

(e) the fine provided under this section. Notice to other boards

(8) A board that receives a notice under this section from an owner, occupant, lessee or person having possession of a trailer shall transmit a copy of the notice to every other board the jurisdiction of which includes the trailer camp or trailer park in which the trailer is located. Exception

(9) No fees shall be charged under this section in respect of a trailer assessed under the Assessment Act. Offence

(10) Every owner or lessee or person having possession of a trailer who permits the trailer to be located in any part of territory without municipal organization in which the owner, lessee or person is liable for any fee under this section without paying the fee as required under this section is guilty of an offence and on conviction is liable to a fine of not less than $20 and not more than $100 and each day that this subsection is contravened shall be deemed to constitute a separate offence. Financial Administration of Boards Financial statements

252. (1) Every year, the treasurer of every board shall prepare the financial statements for the board by the date prescribed under subsection (3) and, on receiving the auditor's report on the financial statements, shall promptly give the Ministry two copies of the financial statements and the auditor's report. Publication and notice

(2) Within one month after receiving the auditor's report on the board's financial statements, the treasurer shall,

(a) publish the financial statements and the auditor's report, in the form the Minister may prescribe, in a daily or weekly newspaper that, in the opinion of the treasurer, has sufficient circulation within the area of jurisdiction of the board to provide reasonable notice to those affected by them;

(b) mail or deliver a copy of the financial statements and auditor's report, in the form the Minister may prescribe, to each of the board's supporters; or

(c) otherwise make the information in the financial statements and auditor's report available to the public, to the extent and in the manner directed by the Minister. Minister's powers

(3) The Minister may prescribe the date in each year by which the treasurer of a board shall prepare the financial statements of the board and forward them to the auditor. Same

(4) The Regulations Act does not apply to anything done by the Minister under subsection (3). Statements of old boards

(5) The Lieutenant Governor in Council may make regulations respecting the preparation, audit, publication and reporting of statements relating to the financial affairs of old boards, including but not limited to regulations assigning duties and powers to classes of persons in connection with those statements. Obstruction

(6) A person who refuses or neglects to comply with the request of an auditor made under the authority of a regulation under subsection (5) is guilty of an offence and on conviction is liable to a fine of not more than $200, but no person is liable if the person proves that he or she has made reasonable efforts to comply. Appointment of auditor

253. (1) Every board shall appoint one or more auditors for a term not exceeding five years who shall be a person licensed under the Public Accountancy Act.

b Transition

(1.1) Except as provided in a regulation made under subsection 252 (5), the rights and obligations of an auditor appointed under subsection 234 (1) of this Act, as it read immediately before the coming into force of subsection 113 (1) of the Education Quality Improvement Act, 1997, terminate immediately before the coming into force of subsection 113 (1) of the Education Quality Improvement Act, 1997. y Ineligibility for appointment

(2) No person shall be appointed as an auditor of a board who is or during the preceding year was a member of the board or who has or during the preceding year had any direct or indirect interest in any contract or any employment with the board other than for services within the person's professional capacity, and every auditor, on appointment, shall make and subscribe a declaration to that effect. Duties of auditor

(3) An auditor of a board shall perform the duties that are prescribed by the Minister under paragraph 30 of subsection 8 (1) and the duties that may be required by the board that do not conflict with the duties prescribed by the Minister. Rights of auditor

(4) An auditor of a board has the right of access at all reasonable hours to all records of the board and is entitled to require from the members and officers of the board any information and explanation that in the auditor's opinion may be necessary to enable the auditor to carry out his or her duties. Obstruction

(5) Every member and every officer of a board who,

(a) refuses or neglects to provide the access to the records of the board to which the auditor is entitled under subsection (4); or

(b) refuses or neglects to provide information or an explanation required by the auditor under subsection (4),

is guilty of an offence and on conviction is liable to a fine of not more than $200, but no person is liable if the person proves that he or she has made reasonable efforts to provide the access or the information or explanation. Power to take evidence

(6) An auditor of a board may require any person to give evidence on oath or affirmation for the purposes of the audit and, for the purposes of the testimony, the auditor has the powers of a commission under Part II of the Public Inquiries Act and that Part applies as if the auditor were conducting an inquiry under that Act. Attendance at meetings of board

(7) An auditor of a board is entitled to attend any meeting of the board or of a committee of the board and to receive all notices relating to that meeting that a member is entitled to receive and to be heard at the meeting that the auditor attends on any part of the business of the meeting that concerns him or her as auditor. Rights of auditor re 1998 audit

(8) In addition to his or her rights under subsection (4), an auditor of a district school board has, for the purposes of carrying out his or her duties in respect of the fiscal year January 1, 1998 to August 31, 1998, the right of access at all reasonable hours to all records of the predecessor boards of the district school board that are in the possession of another district school board and is entitled to require from persons who were members or officers of those predecessor boards or who are members or officers of the other district school board any information and explanation that in the auditor's opinion may be necessary to enable the auditor to carry out his or her duties. Obstruction re 1998 audit

(9) Every person who was a member or officer of a predecessor board or who is a member or officer of the other board referred to in subsection (8), who,

(a) refuses or neglects to provide the access to records to which the auditor is entitled under subsections (4) and (8); or

(b) refuses or neglects to provide information or an explanation required by the auditor under subsection (8),

(10) In subsections (8) and (9),

"predecessor board", in relation to a district school board, means an old board an asset, liability or employee of which has become an asset, liability or employee of the 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. Custody of books, etc.

254. (1) A person who has in his or her possession a book, paper, chattel or money of a board shall not wrongfully,

(a) withhold it from a person specified by the board or the Minister;

(b) neglect or refuse to give it to the specified person in the manner specified by the board or the Minister;

(c) neglect or refuse to account for it to the specified person in the manner specified by the board or the Minister. Summons for appearance

(2) On application to a judge by the board or the Minister, supported by affidavit, showing that a person failed to comply with subsection (1), the judge may summon the person to appear before the judge at a time and place appointed by the judge. Order to account

(3) The judge shall, in a summary manner, and whether the person complained against does or does not appear, hear the application and may order the person complained against to deliver up, account for and pay over the book, paper, chattel or money by a day to be named by the judge in the order, together with any reasonable costs incurred in making the application that the judge may allow. Other remedy not affected

(4) A proceeding before a judge under this section does not impair or affect any other remedy that the board or the Minister may have against the person complained against or against any other person. Miscellaneous Recreation committees

255. (1) If a recreation committee or a joint recreation committee is appointed under a regulation made under the Ministry of Tourism and Recreation Act for territory without municipal organization within the jurisdiction of a board, the board,

(a) may exercise the powers and shall perform the duties of a municipal council with respect to preparing estimates of the sums required during the year for the purposes of the committee or joint committee, and levying rates and collecting taxes for those purposes on all rateable property in that territory; and

(b) if there is a joint recreation committee, shall apportion the costs of the joint committee by agreement with the other board or boards concerned. Collection of taxes

(2) The officers of the board have the same powers and duties as similar officers in a municipality, including the powers and duties with respect to the sale of land for tax arrears. Recovery of costs

(3) The costs incurred by a board in exercising its powers under this section are recoverable by the board and shall be included in determining the rates to be levied under subsection (1). Rates for certain public libraries

256. (1) Where a public library has been established for a school section in territory without municipal organization that is deemed to be a district municipality within the area of jurisdiction of an English-language public district school board under subsection 58.1 (2), the English-language public district school board shall be deemed to be an appointing council for the district municipality under section 15 of the Local Control of Public Libraries Act, 1997 and the amount of the estimates of the board of the public library appropriated for the board of the public library by the English-language public district school board shall be raised by a levy imposed by the English-language public district school board on all the rateable property in the district municipality and the estimated expenses to be incurred by the English-language public board in connection with raising the levy shall be recoverable by the board and shall be included in the levy imposed under this section. Definition

(2) In this section,

"rateable property" means real property, other than property that is exempt from taxation under the Assessment Act. Court proceeding

257. In addition to any other remedy possessed by a board in territory without municipal organization for the recovery of taxes to be collected by the board under the authority of this Act, the board, with the approval of the Minister, may bring an action in a court of competent jurisdiction for the recovery of any taxes in arrears against the person assessed for those taxes. When fees payable by boards

257.1 The fees, if any, payable by a board for the education of pupils shall be paid, when requested by the treasurer of the board that provides the education, on an estimated basis at least quarterly during the year in which the education is provided, with any adjustment that may be required when the actual financial data and enrolment for the year have been finally determined. Transition: notice of support by certain partnerships, corporations

257.2 (1) A notice that was given under a provision included in the list set out in subsection (2) and that was not withdrawn or cancelled continues in effect or, if varied under one of those provisions, continues in effect as varied, until a new notice is given under section 237, except that,

(a) a notice requiring assessment to be entered, rated and assessed for separate school purposes shall be deemed to be a notice requiring assessment to be entered and assessed for English-language Roman Catholic board purposes;

(b) a notice requiring assessment to be entered, rated and assessed for the purposes of The Prescott and Russell County Roman Catholic English-Language Separate School Board shall be deemed to be a notice requiring assessment to be entered and assessed for English-language Roman Catholic board purposes;

(c) a notice requiring assessment to be entered, rated and assessed for the purposes of the Roman Catholic sector of The Ottawa-Carleton French-language School Board or of the Conseil des coles catholiques de langue franaise de la rgion d'Ottawa-Carleton or of the Conseil des coles spares catholiques de langue franaise de Prescott-Russell shall be deemed to be a notice requiring assessment to be entered and assessed for French-language separate district school board purposes; and

(d) a notice requiring assessment to be entered, rated and assessed for the purposes of the public sector of The Ottawa-Carleton French-language School Board or of the Conseil des coles publiques d'Ottawa-Carleton shall be deemed to be a notice requiring assessment to be entered and assessed for French-language public district school board purposes. Same

(2) The following is the list of provisions referred to in subsection (1):

1. Subsection 112 (3) of this Act, as that subsection read immediately before the coming into force of this section.

2. Subsection 17 (4) of the Ottawa-Carleton French-language School Board Act, as that subsection read immediately before the coming into force of this section.

3. A predecessor of the subsection referred to in paragraph 1 or 2.

4. Section 48 of Ontario Regulation 425/94, as amended by Ontario Regulations 453/94 and 689/94.

5. Section 16.4 of Ontario Regulation 479/91, as amended by Ontario Regulations 144/94 and 93/95. Same

(3) A notice mentioned in clause (1) (a), (b), (c) or (d) that was given by a partnership or corporation in respect of property of which the partnership or corporation is a tenant shall be deemed to be a notice given under subsection 237 (12). Regulations re transitional matters

257.3 (1) The Lieutenant Governor in Council may make regulations providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the education funding reforms of 1997 and 1998. General or particular

(2) A regulation made under subsection (1) may be general or particular.

' Type of board for Assessment Act purposes

257.4 For the purposes of the Assessment Act, the following are the types of board that a person may support:

1. English-language public board.

2. English-language Roman Catholic board.

3. French-language public district school board.

4. French-language separate district school board.

5. Protestant separate school board.

(2) Part IX of the Act, as re-enacted by subsection (1), is amended by adding the following Division: DIVISION B

EDUCATION TAXES Education Taxes Definitions

257.5 In sections 257.6 to 257.14,

"business property" means,

(a) property in the commercial property class, the industrial property class or the pipeline property class, all as prescribed under the Assessment Act,

(b) property in a class of real property, not listed in subsection 7 (2) of the Assessment Act, that is prescribed under 257.12 (1) (a) for the purposes of this clause, or

"residential property" means,

(a) property in the residential/farm property class, the farmlands property class, the managed forests property class or the multi-residential property class, all as prescribed under the Assessment Act, or

(b) property in a class of real property, not listed in subsection 7 (2) of the Assessment Act, that is prescribed under clause 257.12 (1) (a) for the purposes of this clause. ("bien rsidentiel") Property taxable for school purposes

257.6 (1) Except as otherwise provided under this or any other Act, real property that is liable to assessment and taxation under the Assessment Act is taxable for school purposes. Exemptions

(2) Subject to subsection (3), an exemption under this or any other Act that applied in relation to taxes for school purposes immediately before this Division came into force applies in relation to taxes for school purposes under this Division. Same

(3) Where a private Act gives a board or an old board a power of decision or approval in relation to an exemption from taxes for school purposes, the power shall be exercised by the Minister of Finance instead of the board. Same

(4) An eligible theatre in the City of Toronto incorporated by the City of Toronto Act, 1997 is exempt from taxes for school purposes. Regulations

(5) The Minister of Finance may make regulations defining eligible theatre for the purposes of subsection (4). Levying of tax rates for school purposes

257.7 (1) Subject to the regulations, the following shall in each year levy and collect the tax rates prescribed under section 257.12 for school purposes on the property indicated:

1. Every municipality, on residential property and business property in the municipality, including territory without municipal organization that is deemed under section 56 or subsection 58.1 (2) to be attached to the municipality, taxable for school purposes, according to the last returned assessment roll.

2. Every English-language public district school board the area of jurisdiction of which includes territory without municipal organization that is not deemed under section 56 or subsection 58.1 (2) to be attached to a municipality, on the residential property and business property in that territory taxable for school purposes, according to the last returned assessment roll.

3. Every district school area board the area of jurisdiction of which includes territory without municipal organization that is not deemed under section 56 or subsection 58.1 (2) to be attached to a municipality, on the residential property and business property in that territory taxable for school purposes, according to the last returned assessment roll. Exception

(2) This section does not apply in respect of property taxed under section 240. Subclass reductions

(3) Section 368.1 of the Municipal Act applies with necessary modifications with respect to the rates levied under this section on land in a municipality. Definition

257.8 (1) In this section,

"common jurisdictional area", in respect of two or more boards, means the area that is within the area of jurisdiction of both or all of those boards. Business property, distribution of amounts levied

(2) A municipality or board that is required to levy tax rates for school purposes on business property shall distribute the amounts levied in accordance with the following:

1. Where the property is located in the area of jurisdiction of only one board, the amount levied on the property shall be distributed to that board.

2. Where the property is located in the area of jurisdiction of more than one board, the amount shall be distributed among the boards in proportion to enrolment as determined and calculated by the Minister under subsection (3) in the common jurisdictional area of the boards. Calculation by Minister

(3) The Minister shall determine enrolment and shall calculate the proportions for each year for each common jurisdictional area and shall publish the proportions in The Ontario Gazette, for each municipality and for territory without municipal organization in each common jurisdictional area. Residential property, distribution of amounts levied

257.9 (1) A municipality or board that is required to levy tax rates for school purposes on residential property shall distribute the amounts levied in accordance with the following:

1. An amount levied on property taxable for English-language public board purposes shall be distributed to the English-language public district school board or public school authority in the area of jurisdiction of which the property is located.

2. An amount levied on property taxable for English-language Roman Catholic board purposes shall be distributed to the English-language separate district school board or Roman Catholic school authority in the area of jurisdiction of which the property is located.

3. An amount levied on property taxable for French-language public district school board purposes shall be distributed to the French-language public district school board in the area of jurisdiction of which the property is located.

4. An amount levied on property taxable for French-language separate district school board purposes shall be distributed to the French-language separate district school board in the area of jurisdiction of which the property is located.

5. An amount levied on property taxable for Protestant separate school board purposes shall be distributed to the Protestant separate school board in the area of jurisdiction of which the property is located.

6. An amount levied on property of a partnership within the meaning of section 237 or of a corporation to which section 237 applies, that is taxable for the purposes of one or more boards shall be distributed in accordance with the proportions of its assessment that result from the application of that section.

7. An amount levied on property of a designated ratepayer within the meaning of section 238 shall be distributed in the same manner as is provided in section 257.8 for rates levied on business property of the designated ratepayer. y Interpretation

(2) Property is taxable for a board's purposes if it is assessed to the support of a board. Powers of municipality, board levying rates

257.10 (1) A municipality or board that is required to levy rates for school purposes under this Division has, for purposes of the collection, chargeback, cancellation, refund or rebate of the rates, the same powers and duties as a municipality has in respect of the collection, chargeback, cancellation, refund or rebate of rates levied for municipal purposes, including powers and duties relating to the sale of land for tax arrears. Powers of officers

(2) The officers of a municipality or of a board required to levy a rate for school purposes under this Division have the same powers and duties in respect of the collection, chargeback, cancellation, refund or rebate of rates levied under this Division, including powers and duties relating to the sale of land for tax arrears, as officers of a municipality have in respect of rates levied for municipal purposes. Application of s. 382 of Municipal Act

(3) Section 382 of the Municipal Act applies to taxes levied under this Division. Regulations

(4) The Minister of Finance may make regulations, which may be general or particular in their application, varying, limiting or excluding the powers and duties under this section of municipalities and boards and of the officers of municipalities and boards. Collection of certain taxes

(5) This section applies with necessary modifications to a board in respect of collection by the board of a tax under section 21.1 of the Provincial Land Tax Act. When amounts paid to boards

257.11 (1) In each calendar year, a municipality or board shall pay amounts levied for school purposes in the following instalments:

1. Twenty-five per cent of the amount levied for the previous calendar year, on or before March 31.

2. Fifty per cent of the amount levied for the current calendar year less the amount of the instalment under paragraph 1, on or before June 30.

3. Twenty-five per cent of the amount levied for the current calendar year, on or before September 30.

4. The balance of the amount levied for the current calendar year, on or before December 15. Non-payment on due date

(2) Where an instalment or a part of an instalment is not paid on the due date, the municipality or board in default shall pay interest to the recipient board from the date of default to the date that the payment is made, at the rate specified in subsection (4). Payment ahead of due date

(3) Where, with the consent of the recipient board, an instalment or a part of an instalment is paid in advance of the due date, the recipient board shall allow the municipality or payor board a discount from the date of payment to the date on which the payment is due, at the rate specified in subsection (4). Rate of interest

(4) For the purposes of subsections (2) and (3), the rate of interest payable or the rate of discount allowable, as the case may be, is the lowest prime rate reported to the Bank of Canada by any of the banks listed in Schedule I to the Bank Act (Canada) at the date of default, in the case of subsection (2), or at the date of payment, in the case of subsection (3). Agreement

(5) Despite subsection (1), a board may, by agreement with a majority of the municipalities in its area of jurisdiction where the municipalities represent at least two-thirds of the assessment taxable for the purposes of the board, according to the last returned assessment roll, vary the number of instalments and their amounts and due dates. Same

(6) Where an agreement is entered into under subsection (5), it applies to all municipalities in the area of jurisdiction of the board. Limitation

(7) Subsection (5) applies only if the agreement requires at least one instalment to be paid in each quarter of the year. Termination of agreement

(8) Where an agreement under subsection (5) does not provide for its termination, it shall continue in force from year to year until it is terminated on December 31 in any year by notice given before October 31 in the year,

(a) by the secretary of the board as authorized by a resolution of the board, or

(b) by the clerks of a majority of the municipalities in the board's area of jurisdiction where the municipalities represent at least two-thirds of the assessment taxable for the purposes of the board, according to the last returned assessment roll,

and where no agreement is in effect under subsection (5), the payments shall be made as provided in subsection (1).

b Transition - 1998

(9) For 1998, the total payment to be made under paragraph 1 of subsection (1) by a municipality or board shall be the sum of,

(a) 12.5 per cent of the amount levied for school purposes for 1997 on residential and farm assessment, within the meaning of section 248 of this Act as it read on December 31, 1997, in the area in respect of which the municipality or board levies taxes under section 257.7; and

(b) 25 per cent of the amount levied for school purposes for 1997 on commercial assessment, within the meaning of section 248 of this Act as it read on December 31, 1997, in the area in respect of which the municipality or board levies taxes under section 257.7. Same

(10) Where there is more than one board with jurisdiction in the area in respect of which the municipality or board levies taxes under section 257.7, the total payment determined under subsection (9) shall be distributed in accordance with the following: 1. Apportion the total amount among public boards, Roman Catholic boards and Protestant boards in accordance with the proportions of that amount that were levied for public schools, Roman Catholic schools and Protestant schools. 2. Apportion each of the portions determined under paragraph 1 among English-language and French-language boards in proportion to enrolment. Same

(11) The Minister shall determine enrolment and calculate proportions for the purposes of paragraph 2 of subsection (10) and shall publish the proportions in The Ontario Gazette. y Regulations, Minister of Finance

257.12 (1) The Minister of Finance may make regulations,

(a) prescribing classes of real property prescribed under the Assessment Act, other than classes listed in subsection 7 (2) of the Assessment Act, for the purposes of clause (b) of the definition of "business property" in section 257.5 or clause (b) of the definition of "residential property" in that section; and

(b) prescribing the tax rates for school purposes for the purposes of section 257.7. Scope of regulations

(2) The use of "business" or "residential" in the defined terms "business property" or "residential property" does not limit the discretion of the Minister of Finance in making regulations under clause (1) (a). Tax rates may vary

(3) Subject to subsections (4) and (5), regulations under clause (1) (b) may prescribe different tax rates for,

(a) different municipalities;

(b) different parts of a municipality as specified in an Act, regulation or order implementing municipal restructuring within the meaning of subsection 25.2 (1) of the Municipal Act\;

(c) different parts of territory without municipal organization that are deemed under section 56 or subsection 58.1 (2) to be attached to a municipality for purposes related to taxation or that are deemed under the Moosonee Development Area Board Act to be a locality; y

(d) different classes of property prescribed by the regulations under this Act or the Assessment Act\;

(e) different subclasses of real property prescribed by the regulations made under the Assessment Act\;

(f) real property on any basis on which a municipality or Ontario is permitted to set different tax rates for real property for municipal purposes;

(g) different portions of a property's assessment;

(h) different geographic areas established for purposes of paragraph 1 of subsection 368.3 (1) of the Municipal Act\;

(i) different geographic areas established for purposes of paragraph 2 of subsection 368.3 (1) of the Municipal Act\; and

(j) different parts of a municipality based on whether or not the parts are in the area of jurisdiction of an English-language public board. Uniform rate, residential/farm, multi-residential

(4) Subject to subsections (5.1) and (5.2), the regulations under clause (1) (b) shall prescribe a single tax rate for the residential/farm property class and the multi-residential property class. Tax rates for farmlands and managed forests

(5) The tax rate for the farmlands property class and the managed forests property class shall be 25 per cent of the tax rate prescribed for the residential/farm property class.

b Property in subclasses

(5.1) Except where subsection (5.2) applies, for property in the residential/farm property class or the multi-residential property class that is also in a subclass of real property prescribed by the regulations made under the Assessment Act, the tax rate set in accordance with subsection (4) shall be reduced by the rate of reduction in taxes for municipal purposes that results from the application of paragraph 1 of subsection 368.1 (1) and subsections 368.1 (2) and (2.1) of the Municipal Act to property in that subclass. Same

(5.2) For property described in subsection (5.1) that is not located in a municipality, the tax rate set in accordance with subsection (4) shall be reduced by the rate of reduction in taxes for municipal purposes that results from the application of paragraph 1 of subsection 368.1 (1) and subsections 368.1 (2) and (2.1) of the Municipal Act to property in that subclass, as though that paragraph and those subsections did not provide for tax reductions by the council of a municipality. Interpretation

(5.3) In subsection (5.2),

"municipality" does not include any part of territory without municipal organization that is deemed to be a district municipality or that is deemed to be attached to a municipality under section 56 or clause 58.1 (2) (m). y Class, etc., not to be defined in terms of board support

(6) Despite subsections 7 (2) and (3) of the Assessment Act, regulations made by the Minister of Finance under subsection 7 (1) of that Act shall not use the school support of persons assessed to define a class of real property.

b Definition

(7) Except as provided by subsection (5.3), in this section,

"municipality" means,

(a) a municipality within the meaning of subsection 1 (1), and

(b) a county, a regional or district municipality and the County of Oxford. y Deferrals

257.13 (1) Where a by-law under subsection 373 (1) of the Municipal Act is in effect in a municipality, the amount of payments that shall be made by the municipality to a board under section 257.11 shall be reduced by the total of all taxes levied by the municipality for the board under this Division that were deferred under the by-law. Same

(2) Deferred taxes described in subsection (1), and interest on those taxes as provided under the by-law, shall be paid by the municipality to the board when the amounts are paid to the municipality.

b Reductions

257.13.1 A tax levied under this Division shall be deemed to be a municipal property tax for the purposes of section 127.1 of the Tenant Protection Act, 1997, as set out in Bill 96 as reprinted as amended by the General Government Committee and as reported to the Legislative Assembly September 8, 1997. y Regulations, Minister of Education and Training

257.14 (1) The Minister of Education and Training may make regulations,

(a) providing that a board specified in the regulation in the area of jurisdiction of an English-language public district school board or a district school area board mentioned in paragraph 2 or 3 of subsection 257.7 (1) perform the duties imposed by those paragraphs instead of the English-language public district school board or the district school area board in that board's area of jurisdiction;

(b) providing that a board specified in the regulation that is not mentioned in paragraphs 2 or 3 of subsection 257.7 (1), the area of jurisdiction of which includes territory without municipal organization that is not deemed under section 56 or subsection 58.1 (2) to be attached to a municipality, perform the duties imposed by those paragraphs in its area of jurisdiction even if the area of jurisdiction of that board is in whole or in part the area of jurisdiction of a board mentioned in paragraphs 2 and 3 of subsection 257.7 (1);

(c) providing that a board specified in the regulation perform the duties of a board mentioned in section 256 or subsection 255 (1) of this Act or subsection 21.1 (1) of the Provincial Land Tax Act, or any of them, respecting the levying and collecting of rates, taxes or tax rates, as the case may be, in the area of jurisdiction of the board it is replacing;

(d) respecting the contents of tax notices given under section 392 or 393 of the Municipal Act in connection with taxes for school purposes and respecting the giving of those tax notices for school purposes; y

(e) respecting the form and contents of the collector's roll in connection with taxes for school purposes.

(f) providing for such transitional matters as the Minister considers necessary or advisable in connection with a change as to which board is required to do a thing under this Division in relation to territory without municipal organization including territory without municipal organization that is deemed under section 56 or subsection 58.1 (2) to be attached to a municipality. Same

(2) A regulation under clause (1) (a) to (c) may be general or particular.

(3) Part IX of the Act, as re-enacted by subsection (1), is amended by adding the following Division: DIVISION C

TAXES SET BY BOARDS Definitions

257.15 (1) In this Division,

"common jurisdictional area", in respect of two or more boards, means the area that is within the area of jurisdiction of both or all of those boards; ("territoire commun de comptence")

"municipality" includes a county, a regional municipality, the District Municipality of Muskoka and the County of Oxford. ("municipalit") Types of boards

(2) For the purposes of this Division, the following are types of boards:

1. English-language public board.

2. English-language Roman Catholic board.

3. French-language public district school board.

4. French-language separate district school board.

5. Protestant separate school board. Rates set by boards

257.16 (1) For the purpose of raising money for its purposes, a board may determine, levy and collect rates on assessment for real property that is rateable for the board's purposes as provided in section 257.17. Subscriptions

(2) For the purpose of raising money for its purposes, a Roman Catholic board may collect subscriptions on and from persons sending children to or subscribing towards the support of the board. Assessment rateable under s. 257.16

257.17 For the purposes of section 257.16, the following assessment for real property is rateable for a board's purposes:

1. The assessment of residential property that is entered against an individual who is in respect of that property a supporter of that type of board.

2. The assessment of residential property that is entered against a partnership or corporation to which section 237 applies, to the extent that the assessment is entered and assessed for the purposes of that type of board.

3. The assessment of business property that is entered against an individual who is in respect of that property a supporter of that type of board.

4. The assessment of business property that is entered against a corporation sole and assessed for the purposes of that type of board. Agreements with municipalities re collection

257.18 (1) Subject to the regulations, a board and a municipality may enter into an agreement providing for the municipality to levy and collect rates determined by a board under section 257.16. Regulations

(2) The Lieutenant Governor in Council may make regulations, which may be general or particular, respecting the terms of agreements referred to in subsection (1). Collection powers of boards

257.19 (1) A municipality or board that levies or collects rates for school purposes under this Division has, for purposes of the collection, chargeback, cancellation, refund or rebate of the rates, the same powers and duties as a municipality has in respect of the collection, chargeback, cancellation, refund or rebate of rates levied for municipal purposes, including powers and duties relating to the sale of land for tax arrears. Powers of officers

(2) The officers of a municipality or of a board that levies or collects rates for school purposes under this Division have the same powers and duties in respect of the collection, chargeback, cancellation, refund or rebate of rates levied under this Division, including powers and duties relating to the sale of land for tax arrears, as officers of a municipality have in respect of rates levied for municipal purposes. Application of s. 382 of Municipal Act

(3) Section 382 of the Municipal Act applies to rates levied under this Division. Regulations

(4) The Minister of Finance may make regulations, which may be general or particular in their application,

(a) varying, limiting or excluding the powers and duties under this section of municipalities and boards and of the officers of municipalities and boards; and

(b) providing for anything that the Minister considers necessary or advisable to ensure that tax collection by municipalities and boards under the provisions of this Division is co-ordinated with tax collection under any other provisions of this Act or under the provisions of any other Act and, for the purpose, varying, limiting or excluding the application of any provision of this or any other Act. Designation by individuals re business property

257.20 (1) For the purposes of rates levied under this Division, section 236 applies with necessary modifications to permit an individual to give notice in respect of assessment for business property and, for the purpose, a reference to "residential property" shall be deemed to be a reference to "business property". Exception

(2) Despite subsection (1), a person who is an owner or tenant of business property outside the area of jurisdiction of all boards is not entitled to apply under this section. Limitation on s. 257.20 where residential property assessed

257.21 If an individual is an owner or tenant of residential property in the area of jurisdiction of a board and is also the owner or tenant of business property in the area of jurisdiction of that board,

(a) the person shall be deemed to have applied in respect of the business property under section 16 of the Assessment Act to the assessment commissioner for the area in which the business property is located, to have his or her name included or altered in the assessment roll as a supporter of that board in respect of the business property; and

(b) despite section 257.20, the person is not entitled to apply under section 16 of the Assessment Act to have his or her name included or altered in the assessment roll as a supporter of a different board in respect of business property within the area of jurisdiction of that board. Designation by corporations sole re business assessment

257.22 For the purpose of rates levied under this Division, section 237 applies with necessary modifications to permit a corporation sole to give notice in respect of its assessment for business property and, for the purpose, a reference to "residential property" shall be deemed to be a reference to "business property". Assessment of certain tenants

257.23 (1) For the purposes of rates levied under this Division, subsections 237 (1) to (11) and (14) to (17) apply with necessary modifications to the assessment of residential property entered against a partnership or corporation, other than a designated ratepayer as defined in subsection 238 (1), that is a tenant of the property. Same

(2) For the purposes of rates levied under this Division, a notice in respect of residential property given under subsection 237 (12) indicating the proportions of amounts to be distributed to each board shall be deemed to be a notice given under subsection 237 (3) requiring the same proportions of the assessment of the property to be entered and assessed for the purposes of the same boards. Tenant priority

257.24 (1) The tenant of land shall be deemed to be the person primarily liable for the payment of school rates imposed under this Division and for determining the type of board to which those rates shall be applied. Same

(2) No agreement between the owner and tenant as to the payment of rates as between themselves alters or affects the operation of this section. Regulations re property classes and tax ratios

257.25 (1) The Lieutenant Governor in Council may make regulations for the purposes of this Division prescribing property classes and establishing school purpose tax ratios for municipalities and territory without municipal organization that are situated within the area of jurisdiction of a board. Same

(2) A regulation made under subsection (1) may establish different school purpose tax ratios for the areas of jurisdiction of different boards. Same

(3) A regulation made under subsection (1) prescribing property classes shall prescribe the residential/farm property class as prescribed under the Assessment Act. Definition

(4) In subsection (1),

"school purpose tax ratio" means the ratio that the rate levied for a board's purposes for each property class prescribed under subsection (1) must be to the rate levied for the board's purposes for the residential/farm property class. Determination of rates

257.26 (1) Where a board determines rates under this Division, the board shall determine the rates in such a way that the rates on the different classes of property are in the same proportion to each other as the tax ratios established under section 257.25 for the property classes are to each other. Same

(2) A board may determine different rates under subsection (1) for a municipality, a part of a municipality, territory without municipal organization or part of territory without municipal organization. Regulations

257.27 (1) The Minister may make regulations,

(a) governing the form and content of tax notices and the giving of tax notices in connection with rates imposed under this Division;

(b) requiring boards that determine rates under this Division to prepare documents respecting,

(i) the budgeting process and financial planning relied on in determining the rates, and

(ii) the revenues raised or expected to be raised by the rates;

(d) requiring boards to report to the Minister and to the ratepayers of the board on any matter referred to in subclause (b) (i) or (ii), in the form and manner specified in the regulations. General or particular

(2) A regulation made under this section may be general or particular. Borrowing powers of Roman Catholic boards

257.28 (1) A Roman Catholic board may pass by-laws for borrowing money, by mortgages or other instruments, on the security of the schoolhouse property and premises and any other real or personal property vested in the board and on the security of the board's rates imposed under this Division, for the purpose of paying the cost of school sites, school buildings or additions or repairs to them, or for any other board purposes. Terms of payment

(2) The principal money may be made payable in annual or other instalments, with or without interest, and the board, in addition to all other rates or money that it may levy in any one year, may levy and collect in each year such further sum as may be required for paying all principal and interest falling due in that year, and the same shall be levied and collected in each year in the same manner and from the like persons and property by, from, on or out of which other separate school rates may be levied and collected. Debentures

(3) The mortgages and other instruments may in the discretion of the board be made in the form of debentures, and the debentures are a charge on the same property and the same rates as in the case of mortgages thereof made by the board. Amounts

(4) The debentures issued under the by-law may be for the amounts that the board considers expedient. Maturity

(5) The debt to be so incurred and the debentures to be issued for it may be made payable in 30 years at the furthest, and in equal annual instalments of principal and interest, or in any other manner authorized by the regulations made under subsection 247 (3). Sinking fund

(6) Where the debt is not payable by instalments, the board shall levy in each year during the currency of the debt in addition to the amount required to pay the interest falling due in that year a sum such that the aggregate amount so levied during the currency of the debt, with the estimated interest on the investments of the aggregate amount, will be sufficient to discharge the debt when it becomes payable. Investment of fund

(7) The sum referred to in subsection (6) shall be deposited into a fund established under clause 247 (3) (d) and, subject to the other provisions of this section, a regulation made under clause 247 (3) (d), (g) or (h) applies with necessary modifications to the application of the money in the fund. Publication of notice of by-law

(8) Before a by-law for borrowing money for a permanent improvement is acted on, notice of the passing of the by-law shall be published for three consecutive weeks in a newspaper having general circulation within the separate school zone stating,

(a) the purpose for which the money is to be borrowed;

(b) the amount to be borrowed and the security for the amount; and

and, if no application to quash the by-law is made for three months after publication of notice of the passing of the by-law, the by-law is valid despite any want of substance or form in the by-law or in the time or manner of passing the by-law. Non-application of s. 242

(9) Section 242 does not apply in relation to borrowing under this section. Notice to assessment commissioner

257.29 (1) A board shall give written notice to the assessment commissioner of its intention to levy rates under this Division at least 12 months before January 1 of the first year in respect of which a board levies rates under this Division. Same

(2) A board is not entitled to determine, levy or collect rates under this Division unless it has given the notice referred to in subsection (1).

(4) Part IX of the Act, as re-enacted by subsection (1), is amended by adding the following Division: DIVISION D

SUPERVISION OF BOARDS' FINANCIAL AFFAIRS Investigation of board's financial affairs

257.30 (1) The Minister may direct an investigation of the financial affairs of a board if,

(a) the financial statements of the board for a fiscal year, or the auditor's report on the statements, required to be submitted to the Ministry under section 252, indicate that the board had a deficit for that year;

(b) the board has failed to pay any of its debentures or instruments prescribed under clause 247 (3) (f) or interest on them, after payment of the debenture, instrument or interest is due and has been demanded;

(c) the board has failed to pay any of its other debts or liabilities when due and default in payment is occasioned from financial difficulties affecting the board; or

(d) the Minister has concerns about the board's ability to meet its financial obligations. Appointment of investigator

(2) The Minister may appoint as an investigator a person licensed under the Public Accountancy Act or an employee in the Ministry. Powers of investigator

(3) An investigator may,

(a) require the production of any records that may in any way relate to the financial affairs of the board;

(b) examine and copy any records required under clause (a); and

(c) require any officer of the board or any other person to appear before him or her and give evidence, on oath or affirmation, relating to the financial affairs of the board. Same

(4) For the purposes of carrying out an investigation, an investigator has the powers of a commission under Part II of the Public Inquiries Act and that Part applies to an investigation as if it were an inquiry under that Act. Report of investigator

(5) On completion of an investigation, an investigator shall report in writing to the Minister, who shall promptly transmit a copy of the report to the secretary of the board. Same

(6) The investigator may not recommend that control and charge over the administration of the affairs of the board be vested in the Ministry unless the investigation discloses evidence of financial default or probable financial default, of a deficit or a probable deficit or of serious financial mismanagement. Minister's powers on reviewing report: directions

257.31 (1) After reviewing the report made under subsection 257.30 (5), the Minister may give any directions to the board that he or she considers advisable to address the financial affairs of the board. Vesting order: report recommendation

(2) If the report recommends that control and charge over the administration of the affairs of the board should be vested in the Ministry, the Lieutenant Governor in Council may make any order that the Lieutenant Governor in Council considers necessary or advisable to vest in the Ministry control and charge over the administration of the affairs of the board. Vesting order: board failure to comply with direction

(3) If the Minister advises the Lieutenant Governor in Council that he or she is of the opinion that the board has failed to comply with a direction given under subsection (1), the Lieutenant Governor in Council may make any order that the Lieutenant Governor in Council considers necessary or advisable to vest in the Ministry control and charge over the administration of the affairs of the board. Notice to board

(4) The order shall be promptly transmitted to the secretary of the board. Notice to be given re board

257.32 (1) Where a board is subject to an order under subsection 257.31 (2) or (3),

(a) the Minister shall publish notice of the order in The Ontario Gazette\; and

(b) the persons directed by the Minister to do so shall give notice of the order to the persons specified by the Minister, in the form specified by the Minister. No proceedings against board without leave of Minister

(2) After notice has been published in The Ontario Gazette under clause (1) (a),

(a) no proceeding against the board shall be commenced or continued in any court without leave of the Minister; and

(b) no order of any court shall be enforced against the board without leave of the Minister. Suspension of limitation period

(3) Subject to subsection (4), where the commencement or continuance of any proceeding or the enforcement of a court order is prevented under this section,

(a) the running of any limitation period relating to the proceeding or enforcement is suspended until the Minister gives leave to commence or continue the proceeding or to enforce the court order, as the case may be; and

(b) the person having the right to commence or continue the proceeding or to enforce the court order shall, immediately after the leave is given, have the same length of time within which to commence or continue the proceeding or enforce the court order, as the case may be, as the person had when the notice was published in The Ontario Gazette under clause (1) (a). Same

(4) Subsection (3) does not apply unless application is made to the Minister for leave to commence or continue the proceeding or to enforce the order within the relevant limitation period and the Minister refuses to give the leave. Effect of order

(5) Subsection (2) does not apply in relation to a board that is subject to an order under subsection 257.31 (2) or (3) after the Minister makes an order under clause 257.34 (2) (b) or (i) with respect to the board. Control exercisable by Minister

257.33 (1) Where the Lieutenant Governor in Council has made an order under subsection 257.31 (2) or (3) in respect of a board, the Minister has control and charge over the board generally with respect to any matter in any way affecting the board's affairs. Same

(2) Without limiting the generality of subsection (1), where the Lieutenant Governor in Council has made an order under subsection 257.31 (2) or (3) in respect of a board, the Minister has control and charge over the exercise and performance by the board of its powers, duties and obligations with respect to,

(a) the appointment and dismissal of the board's officers and employees and their powers, duties, salaries and remuneration;

(b) the board's revenues and expenditures;

(c) the board's sinking funds, retirement funds and the funds prescribed under clause 247 (3) (e) and the money belonging to those funds;

(d) the board's accounting and audit systems and dealings with the board's assets, liabilities, revenues and expenditures;

(e) the yearly or other estimates of the board, financial statements of the board and other reports of the board required by the Minister as well as the form, preparation and completion of them, and the times when they shall be made;

(f) the amounts to be provided for in the yearly or other estimates;

(g) the borrowing of money for the current expenditures of the board until the current revenue has been received;

(h) the imposition, charging and collection of all fees, charges and expenses;

(i) the sale or other disposition of any of the board's assets. Interpretation

257.34 (1) In this section,

"indebtedness" includes,

(a) any debenture, instrument prescribed under clause 247 (3) (f) or other debt of the board,

(b) any interest on any indebtedness of the board. Powers of Minister with respect to debt

(2) Where a board is subject to an order under subsection 257.31 (2) or (3), the Minister, with respect to the board's indebtedness, has the power by order to authorize or direct,

(a) the consolidation of all or any part of the board's indebtedness;

(b) the issue, on the terms and conditions, in the manner and at the times that the Minister may approve, of debentures, instruments prescribed under clause 247 (3) (f) or other evidences of indebtedness, in substitution and exchange for any debentures or such debt instruments that are outstanding or in payment and satisfaction of all or any part of any other indebtedness, and compulsory acceptance of these debentures, instruments or other evidences of indebtedness in payment and satisfaction of the debentures or other such instruments that are outstanding or other indebtedness;

(c) the issue of new debentures or instruments prescribed under clause 247 (3) (f) to cover any consolidation under clause (a) or (b);

(d) the retirement and cancellation of all or any part of the existing debenture debt and debt incurred by any instrument prescribed under clause 247 (3) (f) and debentures or debt instruments prescribed under clause 247 (3) (f) that are outstanding, on the issue of new debentures or such debt instruments to cover them or in exchange for them;

(e) the terms, conditions, places and times for exchange of new debentures or instruments prescribed under clause 247 (3) (f) for debentures or such debt instruments that are outstanding;

(f) the variation of the basis, terms, times and places of payment of all or any part of the board's indebtedness;

(g) the creation and setting aside of sinking funds, retirement funds, funds prescribed under clause 247 (3) (e) and special reserves out of any portion of the revenues of the board for meeting obligations relating to all or any part of the board's indebtedness;

(h) the custody, management, investment and application of sinking funds, retirement funds, funds prescribed under clause 247 (3) (e) reserves and surpluses;

(i) the ratification and confirmation of any agreement, arrangement or compromise entered into with any of the board's creditors respecting all or any part of the board's indebtedness;

(j) any amendment or cancellation of any order made by the Minister under this section or of the terms of any agreement, arrangement or compromise ratified and confirmed by the Minister under clause (i);

(k) the implementation of an interim plan, pending a final plan, or of a final plan, which may cancel all or any portion of interest in arrears and may alter, modify or compromise the rights of debenture holders, holders of instruments prescribed under clause 247 (3) (f) or other creditors during any period of time between the relevant date of default and the end of the fifth year following the date on which the final plan was ordered implemented by the Minister. Limitation

(3) The Minister shall not make any order under clause (2) (k) unless creditors, representing not less than two-thirds in amount of the aggregate of the indebtedness of the board, excluding indebtedness in respect of which the board is not directly but only contingently or collaterally liable, have filed in writing with the Minister their approval of the making of the order. Publication of notice of intention to exercise powers

(4) Where the Minister intends to exercise a power under subsection (2), he or she shall first give notice of the intention in The Ontario Gazette and by any other publication and to the persons and in the manner that the Minister considers proper. Same

(5) The notice shall state the date after which the matter is to be dealt with by the Minister. Same

(6) The time stated under subsection (5) shall be at least two months after the notice is published in The Ontario Gazette. Incidental matters

(7) Subsection (4) does not apply with respect to any matter that, in the opinion of the Minister, is merely incidental to the exercise of a power under subsection (2). Objection to be filed with Minister

(8) The Minister shall not make any order under subsection (2) if an objection in writing to the making of the order is filed with the Minister by creditors representing not less than one-third in amount of the aggregate of the indebtedness of the board, excluding indebtedness in respect of which the board is not directly but only contingently or collaterally liable. Approval by creditors

(9) If creditors, representing not less than two-thirds in amount of the aggregate of the indebtedness of the board, excluding indebtedness in respect of which the board is not directly but only contingently or collaterally liable, have filed in writing with the Minister their approval of the making of any order of the Minister under subsection (1), it is not necessary that two months referred to in subsection (6) elapse. Notice when matter to be varied

(10) When a matter is being dealt with by the Minister under this section and the Minister intends to vary the terms of any indebtedness, he or she shall first give notice of the intention to the persons and in the manner that the Minister considers proper. Same

(11) The notice shall state the date after which the variation is to be dealt with by the Minister. Same

(12) The time stated under subsection (11) shall be at least two weeks after the notice. Certain debenture and other debt not to form part of debt after order of Minister

257.35 After an order of the Minister has been made under section 257.34, no portion of the debenture debt of the board represented by debentures or debt incurred by any instrument prescribed under clause 247 (3) (f) ordered to be cancelled, retired or exchanged forms part of its debt within the meaning of a provision of this or any other Act limiting the board's borrowing powers. Variation or cancellation of subsisting agreements

257.36 The board may, with the approval of the Minister, enter into an agreement with any person with whom the board has previously entered into an agreement or obligation that, or some term or obligation of which, remains in whole or in part or in any manner to be carried out by the board, for the amendment or cancellation of the subsisting agreement or obligation. Minister to approve debenture, instrument issues

257.37 (1) Without the approval of the Minister first being obtained, the board shall not, under this or any other Act, exercise or be required to exercise any of its powers if that exercise will or may require money to be provided by the issue of debentures or instruments prescribed under clause 247 (3) (f) of the board. Approval of debenture or instrument by-laws

(2) The board may, with the approval of the Minister, pass by-laws providing for the issue of debentures or instruments prescribed under clause 247 (3) (f) or authorizing the sale of debentures or such instruments or the offering of debentures or such instruments as security, but no such by-law has any force and effect until approved by the Minister. Minister to have control over money and its application

257.38 (1) The Minister has full charge and control over all money belonging to the board and received by any person for or on its behalf and the money shall be deposited in one of the following institutions, to be designated by the board or, in the absence of designation by the board, by the Minister:

1. A bank listed in Schedule I or II to the Bank Act (Canada).

2. The Province of Ontario Savings Office.

3. A loan or trust corporation registered under the Loan and Trust Corporations Act.

4. A credit union as defined in section 1 of the Credit Unions and Caisses Populaires Act, 1994. Same

(2) When money is deposited as required by subsection (1), it shall only be applied for the purposes, in the manner and at the times that the Minister may approve. Same

(3) All cheques drawn and issued by the board shall be signed and countersigned by the persons and in the manner that the Minister may authorize. Same

(4) No money belonging to or revenues of the board may be applied by any person except with the approval of or otherwise than as directed by the Minister. Exercise of board jurisdiction subject to order

257.39 The powers and duties under this or any other Act of a board that is subject to an order under subsection 257.31 (2) or (3) shall only be exercised or performed in accordance with and subject to this Division and any order made or agreement entered into under it. Exclusive jurisdiction

257.40 (1) Subject to subsection (4), the Minister has exclusive jurisdiction as to all matters arising under this Division or out of the exercise by the board or any person of any of the powers conferred by this Division, and that jurisdiction is not open to question or review in any proceeding or by any court. Review of orders, etc.

(2) The Minister may at any time review any order, direction or decision made by him or her under this Division and confirm, amend or revoke it. Exclusive jurisdiction

(3) The Lieutenant Governor in Council has exclusive jurisdiction as to the making of an order under subsection 257.31 (2) or (3), and that jurisdiction is not open to question or review in any proceeding or by any court. Review of orders, etc.

(4) The Lieutenant Governor in Council may at any time review any order made by the Lieutenant Governor in Council under subsection 257.31 (2) or (3) and confirm, amend or revoke it. Limitation

(5) This section is subject to section 257.52. Powers of Minister

257.41 The Minister may make any orders from time to time that he or she considers advisable to carry out the provisions of this Division or any agreement made under it and may make rules in respect of any thing done under this Division. Forms of certificates, notices, etc.

257.42 Every certificate, notice or other form that is in substantial conformity with the form required for it under this Division is not open to objection on the ground that it is not in the form required by this Division. Powers exercisable for and in name of board

257.43 Where a board has become subject to an order made under subsection 257.31 (2) or (3), all things done by or for the Minister under this Division in relation to the affairs of the board shall for all purposes be deemed to have been done by and for the board and in its name. Minister to have access to all records

257.44 The Minister shall have access at all times to all records of the board, including but not limited to all by-laws, assessment rolls, collectors' rolls, minute books, books of account, vouchers and other records relating to the board's financial transactions, and may inspect and copy them. Powers to enforce orders

257.45 (1) Where a board fails to comply with any order, direction or decision of the Minister under this Division, the Minister may, on the notice, if any, that he or she considers appropriate, do or order done all things necessary for compliance with the order, direction or decision, and may exercise all the powers of the board for the purpose, under its name. Liability for non-compliance

(2) The board and each of its members, officers and employees shall comply with the orders, directions and decisions of the Minister in any matter relating to the administration of the affairs of the board, and any such person who knowingly fails to comply with any such order, direction or decision, or who, as a member of the board, votes contrary to such order, direction or decision, is guilty of an offence. Personal liability and disqualification of members of boards

(3) If a board that is subject to an order made under subsection 257.31 (2) or (3) applies any of its funds otherwise than as ordered or authorized by the Minister, the members of the board who voted for the application are,

(a) jointly and severally liable for the amount so applied, which amount may be recovered in a court of competent jurisdiction; and

(b) disqualified for five years from holding any office for which elections are held under the Municipal Elections Act, 1996 or under this Act. Dismissal of officers or employees

(4) The Minister may dismiss from office any officer or employee of a board who fails to carry out any order, direction or decision of the Minister. Injunction against exercise of board powers

257.46 The Minister may by injunction proceedings prevent the exercise by or for a board of any of its powers that has not been approved by the Minister, if that approval is required under this Division. Combining board offices

257.47 The Minister may direct that two or more of the offices of the board shall be combined and held by the same officer, and may subsequently separate any of the offices so combined. Expenses

257.48 (1) The Minister may direct payment of the fees or remuneration and expenses reasonably incurred by the Ministry under this Division that he or she may determine. Appointment of Minister

(2) The Minister may appoint a person, who may be an officer of the board, to exercise the powers and perform the duties that the Minister may provide, and the person so appointed shall be paid the salary and allowed the expenses that the Minister may determine. Board may be heard as to salaries

(3) The Minister, in determining the salaries to be paid to any person appointed under subsection (2), shall give consideration to any representations that the board may at any time make. Payment of salaries and expenses

(4) All salaries, fees, remuneration and expenses payable under this section and all other expenses incurred by the Minister in carrying out the provisions of this Division or in the exercise of his or her powers under it shall be paid by the board and be chargeable to such of its accounts as the Minister may direct. Conflict

257.49 The powers contained in this Division shall be deemed to be in addition to and not in derogation of any power of the Minister under this or any other Act but, where the provisions of any Act or any other provision of this Act conflict with the provisions of this Division, the provisions of this Division prevail. Revocation of order

257.50 (1) The Lieutenant Governor in Council shall revoke an order made under subsection 257.31 (2) or (3) if the Lieutenant Governor in Council is of the opinion that the affairs of a board no longer need to be administered under this Division. Same

(2) The Lieutenant Governor in Council shall revoke an order made under subsection 257.31 (2) or (3) if the financial statements of a board for a fiscal year and the auditor's report on the statements submitted to the Ministry under section 252 indicate that the board did not have a deficit for the fiscal year. Non-application of Regulations Act

257.51 (1) The Regulations Act does not apply to anything done under any provision of this Division. Non-application of Statutory Powers Procedure Act

(2) The Statutory Powers Procedure Act does not apply to anything done under this Division. Municipal Affairs Act, Parts II and III

(3) Parts II and III of the Municipal Affairs Act do not apply in relation to boards. Denominational, linguistic and cultural issues

257.52 (1) Nothing in this Division authorizes the Minister to interfere with or control,

(a) the denominational aspects of a Roman Catholic board;

(b) the denominational aspects of a Protestant separate school board; or

(2) The powers under this Division shall be exercised in a manner that is consistent with,

(a) the denominational aspects of a Roman Catholic board;

(b) the denominational aspects of a Protestant separate school board; or

(5) Part IX of the Act, as re-enacted by subsection (1), is amended by adding the following Division: DIVISION E

EDUCATION DEVELOPMENT CHARGES Definitions Definitions

257.53 (1) In this Division,

"board" means a board other than a board established under section 68; ("conseil")

"building permit" means a permit under the Building Code Act, 1992 in relation to a building or structure; ("permis de construire")

"development" includes redevelopment; ("amnagement")

"education development charge" means a development charge imposed under a by-law passed under subsection 257.54 (1) respecting growth-related net education land costs incurred or proposed to be incurred by a board; ("redevance d'amnagement scolaire")

"education development charge by-law" means a by-law passed under subsection 257.54 (1); ("rglement de redevances d'amnagement scolaires")

"education development charge reserve fund" means a reserve fund established under subsection 257.82 (1); ("fonds de rserve de redevances d'amnagement scolaires")

"education land cost" means education land cost within the meaning of subsections (2), (3) and (4); ("dpense immobilire fin scolaire")

"growth-related net education land cost" means the portion of the net education land cost reasonably attributable to the need for such net education land cost that is attributed to or will result from development in all or part of the area of jurisdiction of a board; ("dpense immobilire nette fin scolaire lie la croissance")

"municipality" includes a county, a regional or district municipality or the County of Oxford; ("municipalit")

"net education land cost" means the education land cost reduced by any capital grants and subsidies paid or that may be paid to the board in respect of such education land cost; ("dpense immobilire nette fin scolaire")

"non-residential development" means development other than residential development; ("amnagement non rsidentiel")

"owner" means the owner of the land or a person who has made application for an approval for the development of the land on which an education development charge is imposed; ("propritaire")

"pupil accommodation" means a building to accommodate pupils or an addition or alteration to a building that enables the building to accommodate an increased number of pupils. ("installations d'accueil pour les lves") Education land costs

(2) Subject to subsections (3) and (4), the following are education land costs for the purposes of this Division if they are incurred or proposed to be incurred by a board:

1. Costs to acquire land or an interest in land, including a leasehold interest, to be used by the board to provide pupil accommodation.

2. Costs to provide services to the land or otherwise prepare the site so that a building or buildings may be built on the land to provide pupil accommodation.

3. Costs to prepare and distribute education development charge background studies as required under this Division.

4. Interest on money borrowed to pay for costs described in paragraphs 1 and 2.

5. Costs to undertake studies in connection with an acquisition referred to in paragraph 1. Exclusions from education land costs

(3) The following are not education land costs:

1. Costs of any building to be used to provide pupil accommodation.

2. Costs that are prescribed in the regulations as costs that are not education land costs. Education land costs, leases, etc.

(4) Only the capital component of costs to lease land or to acquire a leasehold interest is an education land cost. Education Development Charge By-laws Education development charge by-law

257.54 (1) If there is residential development in the area of jurisdiction of a board that would increase education land costs, the board may pass by-laws for the imposition of education development charges against land in its area of jurisdiction undergoing residential or non-residential development. What development can be charged for

(2) An education development charge may be imposed only for development that requires,

(a) the passing of a zoning by-law or of an amendment to a zoning by-law under section 34 of the Planning Act\;

(b) the approval of a minor variance under section 45 of the Planning Act\;

(d) the approval of a plan of subdivision under section 51 of the Planning Act\;

(e) a consent under section 53 of the Planning Act\;

(f) the approval of a description under section 50 of the Condominium Act\; or

(g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure. Same

(3) An action mentioned in clauses (2) (a) to (g) does not satisfy the requirements of subsection (2) if the only effect of the action is to,

(a) permit the enlargement of an existing dwelling unit; or

(b) permit the creation of one or two additional dwelling units as prescribed, subject to the prescribed restrictions, in prescribed classes of existing residential buildings. Application of by-law

(4) An education development charge by-law may apply to the entire area of jurisdiction of a board or only part of it. Limited exemption

(5) No land, except land owned by and used for the purposes of a board or a municipality, is exempt from an education development charge under a by-law passed under subsection (1) by reason only that it is exempt from taxation under section 3 of the Assessment Act. Conditions

(6) The imposition of an education development charge by a board is subject to the prescribed conditions. Exemption for industrial development

257.55 (1) If a development includes the enlargement of the gross floor area of an existing industrial building, the amount of the education development charge that is payable in respect of the enlargement is determined in accordance with this section. Enlargement 50 per cent or less

(2) If the gross floor area is enlarged by 50 per cent or less, the amount of the education development charge in respect of the enlargement is zero. Enlargement more than 50 per cent

(3) If the gross floor area is enlarged by more than 50 per cent the amount of the education development charge in respect of the enlargement is the amount of the education development charge that would otherwise be payable multiplied by the fraction determined as follows:

1. Determine the amount by which the enlargement exceeds 50 per cent of the gross floor area before the enlargement.

2. Divide the amount determined under paragraph 1 by the amount of the enlargement. When by-law effective

257.56 An education development charge by-law comes into force on the fifth day after the day on which it is passed or the day specified in the by-law, whichever is later. If jurisdiction divided into regions

257.57 If the regulations divide the area of the jurisdiction of a board into prescribed regions for the purposes of this section the following apply:

1. Despite subsection 257.54 (4), an education development charge by-law of the board shall not apply with respect to land in more than one region.

2. The education development charges collected under an education development charge by-law that applies to land in a region shall not, except with the prior written approval of the Minister, be used in relation to land that is outside that region. Duration of education development charge by-law

257.58 (1) Unless it expires or is repealed earlier, an education development charge by-law expires five years after the day it comes into force. Board can pass new by-law

(2) Subsection (1) does not prevent a board from passing a new education development charge by-law. Contents of by-law

257.59 An education development charge by-law shall,

(a) designate the categories of residential development and non-residential development on which an education development charge shall be imposed;

(b) designate those uses of land, buildings or structures on which an education development charge shall be imposed;

(d) subject to the regulations, establish the education development charges to be imposed in respect of the designated categories of residential and non-residential development and the designated uses of land, buildings or structures. Process Before Passing of By-laws Review of policies

257.60 (1) Before passing an education development charge by-law, the board shall conduct a review of the education development charge policies of the board. Public meeting

(2) In conducting a review under subsection (1), the board shall ensure that adequate information is made available to the public, and for this purpose shall hold at least one public meeting, notice of which shall be given in at least one newspaper having general circulation in the area of jurisdiction of the board. Non-application, first by-law under new scheme

(3) A board is not required to conduct a review under this section before passing the first education development charge by-law it passes after December 31, 1997. Education development charge background study

257.61 (1) Before passing an education development charge by-law, the board shall complete an education development charge background study. Same

(2) The education development charge background study shall include,

(a) estimates of the anticipated amount, type and location of residential and non-residential development;

(b) the number of projected new pupil places and the number of new schools required to provide those new pupil places;

(c) estimates of the education land cost, the net education land cost and the growth-related net education land cost of the new schools required to provide the projected new pupil places; and

(d) such other information as may be prescribed. By-law within one year after study

257.62 An education development charge by-law may only be passed within the one-year period following the completion of the education development charge education development charge background study. Public meeting before by-law passed

257.63 (1) Before passing an education development charge by-law, the board shall,

(a) hold at least one public meeting;

(b) give at least 20-days notice of the meeting or meetings in accordance with the regulations; and

(c) ensure that the proposed by-law and the education development charge background study are made available to the public at least two weeks prior to the meeting or, if there is more than one meeting, prior to the first meeting. Making representations

(2) Any person who attends a meeting under this section may make representations relating to the proposed by-law. Board determination is final

(3) If a proposed by-law is changed following a meeting under this section, the board shall determine whether a further meeting under this section is necessary and such a determination is final and not subject to review by a court or the Ontario Municipal Board. Appeal of By-laws Notice of by-law and time for appeal

257.64 (1) The secretary of a board that has passed an education development charge by-law shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed. Requirements of notice

(2) Notices required under this section must meet the requirements prescribed in the regulations and shall be given in accordance with the regulations. Same

(3) Every notice required under this section must be given not later than 20 days after the day the by-law is passed. When notice given

(4) A notice required under this section shall be deemed to have been given,

(a) if the notice is by publication in a newspaper, on the day that the publication occurs;

(b) if the notice is given by mail, on the day that the notice is mailed. Appeal of by-law after passed

257.65 Any person or organization may appeal an education development charge by-law to the Ontario Municipal Board by filing with the secretary of the board that passed the by-law, on or before the last day for appealing the by-law, a notice of appeal setting out the objection to the by-law and the reasons supporting the objection. Secretary's duties on appeal

257.66 (1) If the secretary of the board receives a notice of appeal on or before the last day for appealing an education development charge by-law, the secretary shall compile a record that includes,

(a) a copy of the by-law certified by the secretary;

(b) a copy of the education development charge background study;

(c) an affidavit or declaration certifying that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Division; and

(d) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed. Same

(2) The secretary shall forward a copy of the notice of appeal and the record to the secretary of the Ontario Municipal Board within 30 days after the last day of appeal and shall provide such other information or material as the Ontario Municipal Board may require in respect of the appeal. Affidavit, declaration conclusive evidence

(3) An affidavit or declaration of the secretary of a board that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Division is conclusive evidence of the facts stated in the affidavit or declaration. OMB hearing of appeal

257.67 (1) The Ontario Municipal Board shall hold a hearing to deal with any notice of appeal of an education development charge by-law forwarded by the secretary of a board. Who to get notice

(2) The Ontario Municipal Board shall determine who shall be given notice of the hearing and in what manner. Powers of OMB

(3) After the hearing, the Ontario Municipal Board may,

(a) dismiss the appeal in whole or in part;

(b) order the board to repeal or amend the by-law in accordance with the Ontario Municipal Board's order;

(4) The Ontario Municipal Board may not amend or order the amendment of a by-law so as to,

(a) increase the amount of an education development charge that will be payable in any particular case;

(b) remove, or reduce the scope of, an exemption;

(5) Despite subsection (1), the Ontario Municipal Board may, where it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal. When OMB ordered repeals, amendments effective

257.68 The repeal or amendment of an education development charge by-law by the Ontario Municipal Board, or by a board pursuant to an order of the Ontario Municipal Board, shall be deemed to have come into force on the day the by-law came into force. Refunds, if OMB repeals by-law, etc.

257.69 (1) If the Ontario Municipal Board repeals or amends an education development charge by-law or orders a board to repeal or amend an education development charge by-law,

(a) in the case of a repeal, any education development charge paid under the by-law shall be refunded;

(b) in the case of an amendment, the difference between any education development charge paid under the by-law and the education development charge that would have been payable under the by-law as amended shall be refunded. When refund due

(2) A refund required under subsection (1) shall be made,

(a) if the Ontario Municipal Board repeals or amends the by-law, within 30 days after the Board's order;

(b) if the Ontario Municipal Board orders the board to repeal or amend the by-law, within 30 days after the repeal or amendment by the board. Interest

(3) Interest shall be paid on an amount refunded under subsection (1) at the prescribed interest rate from the time the amount was paid to the time it is refunded.

b Source of refund, interest

(4) An amount refunded under subsection (1) and interest paid under subsection (3) shall be paid out of the appropriate education development charge reserve fund. y Who refund paid to

(5) An amount refunded under subsection (1) and any interest on it shall be paid to the person who paid the education development charge. Information from municipality

(6) If a refund is required under subsection (1), the municipality to which the education development charge was paid shall provide the board with the information necessary to determine the amount to be refunded, the interest payable on that amount and the person to whom the refund and interest should be paid. Amendment of By-laws Amendment of by-law

257.70 (1) Subject to subsection (2), a board may pass a by-law amending an education development charge by-law. Limitation

(2) A board may not amend an education development charge by-law so as to do any one of the following more than once in the one-year period immediately following the coming into force of the by-law or in any succeeding one-year period:

1. Increase the amount of an education development charge that will be payable in any particular case.

2. Remove, or reduce the scope of, an exemption.

3. Extend the term of the by-law. When amendment effective

257.71 A by-law amending an education development charge by-law comes into force on the fifth day after it is passed. Process before passing amendment

257.72 Before passing a by-law amending an education development charge by-law, the board shall,

(a) give notice of the proposed amendment in accordance with the regulations; and

(b) ensure that the following are made available to the public,

(i) the education development charge background study for the by-law being amended, and

(ii) sufficient information to allow the public to understand the proposed amendment. Notice of amendment and time for appeal

257.73 (1) The secretary of a board that has passed a by-law amending an education development charge by-law shall give written notice of the passing of the amending by-law, and of the last day for appealing the amending by-law, which shall be the day that is 40 days after the day the amending by-law is passed. Requirements of notice

(2) Notices required under this section must meet the requirements prescribed in the regulations and shall be given in accordance with the regulations. Same

(3) Every notice required under this section must be given not later than 20 days after the day the amending by-law is passed. When notice given

(4) A notice required under this section shall be deemed to have been given,

(a) if the notice is by publication in a newspaper, on the day that the publication occurs;

(b) if the notice is given by mail, on the day that the notice is mailed. Appeal of amending by-law after passed

257.74 (1) Any person or organization may appeal a by-law amending an education development charge by-law to the Ontario Municipal Board by filing with the secretary of the board that passed the amended by-law, on or before the last day for appealing the amending by-law, a notice of appeal setting out the objection to the amending by-law and the reasons supporting the objection. Same

(2) An appeal under subsection (1) may not raise an issue that could have been raised in an appeal under section 257.65. Secretary's duties on appeal

257.75 (1) If the secretary of the board receives a notice of appeal on or before the last day for appealing a by-law amending an education development charge by-law, the secretary shall compile a record that includes,

(a) a copy of the education development charge by-law, as amended to the day the amending by-law was passed, certified by the secretary;

(b) a copy of the amending by-law certified by the secretary;

(d) a copy of the information made available to the public under subclause 257.72 (b) (ii) for the amending by-law and all previous amending by-laws amending the education development charge by-law; and

(e) an affidavit or declaration certifying that notice of the passing of the amending by-law and of the last day for appealing it was given in accordance with this Division. Same

(3) An affidavit or declaration of the secretary of a board that notice of the passing of the amending by-law and of the last day for appealing it was given in accordance with this Division is conclusive evidence of the facts stated in the affidavit or declaration. OMB hearing of appeal

257.76 (1) The Ontario Municipal Board shall hold a hearing to deal with any notice of appeal of a by-law amending an education development charge by-law forwarded by the secretary of a board. Who to get notice

(2) The Ontario Municipal Board shall determine who shall be given notice of the hearing and in what manner. Powers of OMB

(3) After the hearing, the Ontario Municipal Board may,

(a) dismiss the appeal in whole or in part;

(b) order the board to repeal or amend the amending by-law in accordance with the Ontario Municipal Board's order;

(c) repeal or amend the amending by-law in such manner as the Ontario Municipal Board may determine. Limitation on powers

(4) The Ontario Municipal Board may not amend or order the amendment of an amending by-law so as to,

(a) increase the amount of an education development charge that will be payable in any particular case under the education development charge by-law as amended by the amending by-law;

(b) remove, or reduce the scope of, an exemption under the education development charge by-law as amended by the amending by-law;

(c) change the date the education development charge by-law will expire as provided in that by-law as amended by the amending by-law. Dismissal without hearing

(5) Despite subsection (1), the Ontario Municipal Board may, where it is of the opinion that the objection to the amending by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal. When OMB ordered repeals, amendments effective

257.77 The repeal or amendment of a by-law amending an education development charge by-law by the Ontario Municipal Board, or by a board pursuant to an order of the Ontario Municipal Board, shall be deemed to have come into force on the day the amending by-law came into force. Refunds, if OMB repeals by-law, etc.

257.78 Section 257.69 applies, with necessary modifications, with respect to the repeal or amendment of a by-law amending an education development charge by-law by the Ontario Municipal Board or pursuant to an order of the Ontario Municipal Board. Application to OMB amendments, etc.

257.79 Subsection 257.70 (2) and sections 257.71 to 257.77 do not apply with respect to the amendment, by the Ontario Municipal Board or pursuant to an order of the Ontario Municipal Board, of an education development charge by-law or a by-law amending an education development charge by-law. Collection of Education Development Charges When charge payable

257.80 An education development charge is payable upon a building permit being issued. Who charge payable to

257.81 An education development charge is payable to the municipality issuing the building permit. Education development charge reserve funds

257.82 (1) A board that has passed an education development charge by-law shall establish reserve funds in accordance with the regulations. Deposit of charges into reserve funds

(2) A municipality that receives an education development charge shall deposit the charge in the appropriate education development charge reserve fund not later than the 25th day of the month after the month in which the charge was received. Withholding of building permit until charge paid

257.83 Despite any other Act, a municipality shall not issue a building permit for development to which an education development charge applies unless the charge has been paid.

b Land given for credit

257.84 (1) A board that has passed a by-law imposing education development charges on land of an owner may, with the consent of the Minister, accept land for pupil accommodation in place of the payment of all or a part of the education development charges. Same

(2) A board that accepts land under subsection (1) shall, in accordance with the regulations made under section 257.101, give the owner credits toward the education development charges imposed on the owner by the board. y Complaints about Education Development Charges Complaint to council of municipality

257.85 (1) An owner, the owner's agent or a board, may complain to the council of the municipality to which an education development charge is payable that,

(a) the amount of the education development charge was incorrectly determined;

(b) a credit is or is not available to be used against the education development charge, or that the amount of a credit was incorrectly determined; or y

(2) A complaint may not be made under subsection (1) later than 90 days after the day the education development charge, or any part of it, is payable. Form of complaint

(3) The complaint must be in writing, must state the complainant's name, the address where notice can be given to the complainant and the reasons for the complaint. Parties

(4) The parties to the complaint are the complainant and,

(a) the board if the complainant is the owner or the owner's agent; or

(b) the owner if the complainant is the board. Hearing

(5) The council shall hold a hearing into the complaint and shall give the parties an opportunity to make representations at the hearing. Notice of hearing

(6) The clerk of the municipality shall mail a notice of the hearing to the parties at least 14 days before the hearing. Council's powers

(7) After hearing the evidence and submissions of the parties, the council may dismiss the complaint or rectify any incorrect determination or error that was the subject of the complaint. Notice of decision and time for appeal

257.86 (1) The clerk of the municipality shall mail to the parties a notice of the council's decision, and of the last day for appealing the decision, which shall be the day that is 40 days after the day the decision is made. Requirements of notice

(2) The notice required under this section must be mailed not later than 20 days after the day the council's decision is made. Appeal of council's decision

257.87 (1) A party may appeal the decision of the council of the municipality to the Ontario Municipal Board by filing with the clerk of the municipality, on or before the last day for appealing the decision, a notice of appeal setting out the reasons for the appeal. Additional ground

(2) A party may also appeal to the Ontario Municipal Board if the council of the municipality does not deal with the complaint within 60 days after the complaint is made by filing with the clerk of the municipality a notice of appeal. Clerk's duties on appeal

257.88 (1) If a notice of appeal under subsection 257.87 (1) is filed with the clerk of the municipality on or before the last day for appealing a decision, the clerk shall compile a record that includes,

(a) a copy of the education development charge by-law certified by the clerk;

(b) the original or a true copy of the complaint and all written submissions and material received from the parties;

(d) an affidavit or declaration certifying that notice of the council's decision and of the last day for appealing it was given in accordance with this Division. Same

(2) If a notice of appeal under subsection 257.87 (2) is filed with the clerk of the municipality, the clerk shall compile a record that includes,

(a) a copy of the education development charge by-law certified by the clerk; and

(b) the original or a true copy of the complaint and all written submissions and material received from the parties. Same

(3) The clerk shall forward a copy of the notice of appeal and the record to the secretary of the Ontario Municipal Board within 30 days after the notice is received and shall provide such other information and material that the Board may require in respect of the appeal. OMB hearing of appeal

257.89 (1) The Ontario Municipal Board shall hold a hearing to deal with any notice of appeal relating to a complaint forwarded by the clerk of a municipality. Notice to parties

(2) The Ontario Municipal Board shall give notice of the hearing to the parties. Powers of OMB

(3) After the hearing, the Ontario Municipal Board may do anything that could have been done by the council of the municipality under subsection 257.85 (7). Refund if education development charge reduced

257.90 (1) If an education development charge that has already been paid is reduced by the council of a municipality under section 257.85 or by the Ontario Municipal Board under section 257.89, the overpayment shall immediately be refunded. Interest

(2) Interest shall be paid on an amount refunded under subsection (1) at the prescribed interest rate from the time the amount was paid to the time it is refunded.

b Source of refund, interest

(3) An amount refunded under subsection (1) and interest paid under subsection (2) shall be paid out of the appropriate education development charge reserve fund. y Who refund paid to

(4) An amount refunded under subsection (1) and any interest on it shall be paid to the person who paid the education development charge. Payment if education development charge increased

257.91 If an education development charge that has already been paid is increased by the council of a municipality under section 257.85 or by the Ontario Municipal Board under section 257.89, the increase shall immediately be paid by the person who paid the education development charge. Special Cases Territory without municipal organization

257.92 If there is an education development charge on land that is in territory without municipal organization, sections 257.81 to 257.91 apply with the following modifications:

1. Under section 257.81, the charge is payable to the board under whose by-law the charge is imposed and subsection 257.82 (2) applies to the board.

2. Section 257.83 applies to the official responsible for issuing building permits for the area the land is in.

3. Complaints under section 257.85 may be made to the board by the owner or the owner's agent. The complainant is the only party to the complaint. In sections 257.85 to 257.90, all references to the municipality or the council of the municipality shall be deemed to be references to the board and all references to the clerk of the municipality shall be deemed to be references to the secretary of the board.

4. If the decision of the board is appealed to the Ontario Municipal Board under section 257.87, the parties to the appeal are the complainant and the board. Areas where province issues building permits

257.93 If the council of a municipality has entered into an agreement providing for the enforcement of the Building Code Act, 1992 by Ontario, sections 257.81 to 257.91 apply with the modifications set out in the regulations. Miscellaneous Different types of boards treated the same

257.94 In doing anything under this Division the Ontario Municipal Board shall treat English-language public boards, English-language Roman Catholic boards, French-language public district school boards and French-language separate district school boards in the same manner. Registration of by-law

257.95 A board that has passed an education development charge by-law may register the by-law or a certified copy of it against the land to which it applies. Recovery of unpaid amounts, lien on land

257.96 Section 382 of the Municipal Act applies with necessary modifications with respect to an education development charge or any part of it that remains unpaid after it is payable. Reports by municipalities to boards

257.97 (1) Each month a municipality shall make a report to a board if, in the period that the report would cover, any education development charges payable under an education development charge by-law of the board would be payable to the municipality. When due

(2) The monthly reports shall be made on or before the 5th day of each month. Contents

(3) The monthly reports shall contain the prescribed information. Statement of treasurer

257.98 (1) The treasurer of a board shall each year on or before such date as the board may direct, give the board a financial statement relating to education development charge by-laws and education development charge reserve funds. Requirements

(2) A statement must include, for the preceding year, statements of the opening and closing balances of the education development charge reserve funds and of the transactions relating to the reserve funds and such other information as is prescribed in the regulations. Copy to Minister

(3) The treasurer shall give a copy of a statement to the Minister within 60 days after giving the statement to the board. Board may borrow from reserve fund

257.99 A board may borrow money from an education development charge reserve fund but if it does so, the board shall repay the amount used plus interest at a rate not less than the prescribed minimum interest rate. No right of petition

257.100 Despite section 95 of the Ontario Municipal Board Act, there is no right to file a petition under that section in respect of any order or decision of the Ontario Municipal Board under this Division. Regulations

257.101 (1) The Lieutenant Governor in Council may make regulations that may have general or particular application in respect of a board,

(a) prescribing any matter that is referred to as prescribed in this Division;

(b) for the purposes of clause 257.54 (3) (b), prescribing classes of residential buildings, prescribing the maximum number of additional dwelling units, not exceeding two, for buildings in such classes, prescribing restrictions and governing what constitutes a separate building;

(d) dividing the area of the jurisdiction of a board into two or more prescribed regions for the purposes of section 257.57;

(e) governing the expiry of education development charge by-laws that are passed by different boards but that apply to the same area;

(f) for the purposes of clause 257.63 (1) (b), subsection 257.64 (2), clause 257.72 (a) and subsection 257.73 (2), governing notices referred to in those provisions;

(g) prescribing modifications to the application of sections 257.81 to 257.91 in the circumstances set out in section 257.93;

(h) prescribing information to be included in monthly reports under section 257.97 and prescribing the period that each report must cover;

(i) prescribing the interest rate or a method for determining the interest rate that shall be paid under subsections 257.69 (3) and 257.90 (2);

(j) prescribing the minimum interest rate or a method for determining the minimum interest rate that boards shall pay under section 257.99;

(k) governing education development charge reserve funds including,

(i) governing the establishment and administration of such reserve funds,

(ii) the use of money from such reserve funds,

(iii) varying the application of section 163 of the Municipal Act with respect to such reserve funds,

(iv) requiring the approval of the Minister in respect of the manner in which or the rate at which the money is withdrawn from such reserve funds;

(l) requiring the approval of the Minister to any factor, criterion, rate, amount, portion, estimate or project used in determining an education development charge;

(m) prescribing the manner of calculating or determining education development charges and prescribing classes of persons that may make determinations necessary for the calculation of education development charges;

(n) providing for the sharing of proceeds where more than one board establishes education development charges in respect of the same area;

(o) prescribing information that boards must provide to other boards and to the Minister for the purposes of developing education development charges under this Division;

(p) prescribing the terms of agreements for credit in lieu of payment of education development charges, determining the amount of the credit and governing the allocation of the credit between or among boards;

(q) requiring a board to exempt an owner from an educational development charge if the owner meets the prescribed conditions;

(r) requiring boards to give notice of the particulars of education development charge by-laws that are in force, in the manner, and to the persons, prescribed in the regulations;

(s) requiring boards to prepare and distribute pamphlets to explain their education development charge by-laws and governing the preparation of such pamphlets and their distribution by boards and others. Forms

(2) Regulations under subsection (1) may require the use of forms approved by the Minister. Transitional Provisions Definitions

257.102 (1) In sections 257.103 and 257.105,

"old Act" means,

(a) if section 71 of Bill 98 of the 1st Session, 36th Legislature (Development Charges Act, 1997) comes into force on or before the day this section comes into force, the Education Development Charges Act (formerly the Development Charges Act, retitled by Bill 98) as it reads immediately before this section comes into force,

(b) if section 71 of Bill 98 comes into force after the day this section comes into force, the Development Charges Act as it reads immediately before this section comes into force; ("ancienne loi")

"successor board" means a board that, for the purposes of this Division, is prescribed in the regulations as a successor board to an old board. ("conseil qui succde") References to Bill 98

(2) In this section the references to section 71 of Bill 98 are references to the section with that number in the version of Bill 98 reprinted as amended by the Resources Development Committee. By-law under the old Act

257.103 (1) This section applies with respect to an education development charge by-law under the old Act. Continued

(2) An education development charge by-law of an old board continues as an education development charge by-law of each successor board of the old board whose area of jurisdiction includes part of the area to which the by-law applies. Application of old Act, new Act

(3) The old Act continues to apply to a by-law continued under subsection (2) except that sections 257.80 to 257.91 and 257.94 to 257.100 apply instead of the corresponding provisions of the old Act. Duration of continued by-law

(4) Unless it expires or is repealed earlier, a by-law continued under subsection (2) expires at the end of March 31, 1999. Modifications of by-law

(5) The following apply to a by-law of a board continued under subsection (2):

1. The area to which the by-law applies is restricted to the area that the by-law applied to immediately before this section comes into force that is within the area of jurisdiction of the board.

2. If the education development charge by-law of the old board was continued as a by-law of more than one successor board and any of the areas to which the continued by-laws apply overlap, the education development charges payable in respect of land in the areas of overlap shall be determined, in accordance with the regulations, so that the education development charges payable under the continued by-laws do not exceed the amount that would have been payable had the by-law continued as the by-law of a single board. Amendment, repeal of by-law

(6) A board may, under the old Act, amend or repeal an education development charge by-law continued under subsection (2) but the board may not pass a new education development charge by-law under that Act. Restriction, while continued by-law in force

(7) A board shall not pass an education development charge by-law under this Division that applies to an area to which a by-law of the board continued under subsection (2) applies. Certain by-laws passed under old Act

(8) Despite subsection (2), an education development charge by-law of an old board passed on or after September 22, 1997 but before the day this section comes into force expires upon the coming into force of this section. Same, refund of charges paid

(9) An education development charge paid under a by-law of an old board described under subsection (8) shall be refunded to the person who paid it and the obligation to refund the charge shall be deemed to be a liability of the old board that shall be transferred to one or more boards. Certain old requests, appeals

257.104 Despite the repeal of section 46 of the Education Development Charges Act (formerly the Development Charges Act), that section continues to apply with respect to the requests and appeals described in that section made before November 23, 1989. Regulations, transition

257.105 (1) Without limiting the generality of section 257.3, the Lieutenant Governor in Council may make regulations,

(a) prescribing boards as successor boards for the purposes of this Division;

(b) governing the determination of education development charges in the circumstances referred to in paragraph 2 of subsection 257.103 (5);

(c) varying, limiting or excluding the application of any provision of the old Act and the regulations under the old Act to by-laws continued under subsection 257.103 (2);

(d) setting out transitional rules dealing with matters not specifically dealt with in sections 257.102 to 257.104;

(e) clarifying the transitional rules set out in sections 257.102 to 257.104. General or particular

(2) A regulation made under subsection (1) may be general or particular.

(6) Part IX of the Act, as re-enacted by subsection (1), is amended by adding the following Division: DIVISION F

REVIEW OF EDUCATION FUNDING Operation of Division C

257.106 (1) Division C is inoperative with respect to English-language public boards. Same

(2) Division C is inoperative with respect to French-language public district school boards. Same

(3) Division C is inoperative with respect to English-language Roman Catholic boards. Same

(4) Division C is inoperative with respect to French-language separate district school boards. Same

(5) Division C is inoperative with respect to a board of a Protestant separate school. Legislative committee review

257.107 (1) The Lieutenant Governor in Council shall by order appoint a committee to consider whether the legislation and regulations governing education funding meet the standard set out in subsection 234 (2) of the Education Act. Timing

(2) The order shall specify when the committee shall commence its work and the date specified shall not be before June 30, 2003. Report

(3) On or before December 31, 2003, the committee shall prepare a written report on its deliberations. Same

(4) The chair of the committee shall promptly sign the report and submit it to the Minister. Same

(5) The Minister shall submit the report to the Lieutenant Governor in Council and shall then table the report in the Legislative Assembly.

114. (1) The headings immediately before section 258 and sections 258 and 259 of the Act are repealed.

(2) On the day that subsection (1) comes into force, every permanent teacher's contract, probationary teacher's contract and continuing education teacher's contract between a board and a teacher that is made in accordance with the regulations ceases to be in force. y

115. The Act is amended by adding the following headings immediately before section 260:

PART X

TEACHERS, PUPIL RECORDS AND EDUCATION NUMBERS TEACHERS

116. (1) Subsection 260 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 13, section 10, is repealed.

(2) Subsection 260 (1.1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 13, section 10, is amended by striking out "Despite subsection 51 (1) of the School Boards and Teachers Collective Negotiations Act" at the beginning.

(3) Subsection 260 (1.1) of the Act, as amended by subsection (2), is repealed on a day to be named by proclamation under subsection 180 (1).

(4) Subsection 260 (2) of the Act is repealed.

(5) Subsection 260 (4.1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 13, section 10, is amended by striking out "Despite subsection 51 (1) of the School Boards and Teachers Collective Negotiations Act" at the beginning.

(6) Subsections 260 (5) and (6) of the Act are repealed.

(7) Section 260 of the Act is amended by adding the following subsection: Collective agreements

(6.1) A collective agreement may include provisions that conflict with subsection (5) or (6) and, in the event of such a conflict, the provisions of the collective agreement prevail.

(8) Subsection 260 (6.1) of the Act, as enacted by subsection (7), is repealed.

(9) Subsections 260 (7) and (8) of the Act are repealed. y

117. Section 261 of the Act is repealed and the following substituted: Probationary period

261. The probationary period, if any, for teachers when they first become employed by a board shall not exceed two years.

119. Section 263 of the Act is amended as follows: 1. By striking out "and despite anything in the contract between the board and the teacher, where a permanent or probationary teacher is employed" in the second, third, fourth and fifth lines and substituting "and despite any provision in a collective agreement, if any, when a teacher is employed". 2. By striking out "and the contract is terminated" in clause (a) and substituting "and the teacher's employment is terminated".

120. Section 263 of the Act is further amended by striking out "and the contract thereupon is terminated" at the end of clause (b) and substituting "and, on doing so, the teacher's employment is terminated".

121. The Act is amended by adding the following sections: Ontario Education Numbers Definition

266.1 In sections 266.2 to 266.5,

"personal information" means personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act. Assignment of numbers

266.2 (1) The Minister may assign an Ontario education number to a person who is enrolled or who seeks admission to be enrolled in a prescribed educational or training institution. Same

(2) For the purpose of assigning an Ontario education number, the Minister and prescribed educational and training institutions are authorized to collect, directly or indirectly, personal information. Same

(3) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to a collection under subsection (2). Same

(4) For the purpose of assigning an Ontario education number, the Minister and prescribed educational and training institutions may use or disclose personal information and the disclosure shall be deemed to be for the purposes of complying with this Act. Privacy re education numbers

266.3 (1) Except as permitted by this section or otherwise by law, no person shall collect, use, disclose or require the production of another person's Ontario education number. Exception

(2) A prescribed educational or training institution may collect, use, disclose or require the production of a person's Ontario education number for purposes related to the provision of educational services to that person. Same

(3) The Minister and a person prescribed under clause 266.5 (1) (b) may collect, use or disclose or require the production of Ontario education numbers for purposes related to education administration, funding, planning or research. Same

(4) The Minister and a prescribed educational or training institution may collect, use, disclose or require the production of a person's Ontario education number for purposes related to the provision of financial assistance associated with the person's education. Offence

266.4 (1) Every person who contravenes subsection 266.3 (1) is guilty of an offence. Penalty, individuals

(2) An individual who is convicted of an offence under this section is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. Penalty, corporations

(3) A corporation that is convicted of an offence under this section is liable to a fine of not more than $25,000. Regulations

266.5 (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing educational institutions, training institutions or classes of such institutions for the purposes of this section and sections 266.2 to 266.4;

(b) prescribing persons or classes of persons for the purposes of subsection 266.3 (3);

(c) for purposes associated with Ontario education numbers, authorizing personal information to be collected by the Ministry or by prescribed educational or training institutions, other than directly from the individual to whom the information relates, and regulating the manner in which the information is collected;

(d) requiring the use of Ontario education numbers by prescribed educational or training institutions for the purposes specified in the regulations;

(e) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of sections 266.2 to 266.4. General or particular

(2) A regulation under this section may be general or particular. Classes

(3) 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.

122. (1) Sections 267 to 277 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, 1994, chapter 27, section 45 and 1996, chapter 12, section 64, are repealed. Transition

(2) Despite their repeal, sections 267 to 277 of the Act continue to apply with respect to applications for a Board of Reference that are made before September 1, 1998 and that have not been finally determined by that date. Regulation 300 (Practice and Procedure-Boards of Reference) of the Revised Regulations of Ontario, 1990, as it reads on August 31, 1998, also continues to apply with respect to those applications.

123. The Act is amended by adding the following Part:

PART X.1

TEACHERS' COLLECTIVE BARGAINING Interpretation Definitions

277.1 (1) In this Part,

"designated bargaining agent" for a teachers' bargaining unit means the bargaining agent described in subsection 277.3 (2), 277.4 (3) or (4) or 277.7 (2) as the bargaining agent for the unit; ("agent ngociateur dsign")

"Part X.1 teacher" means a teacher employed by a board to teach but does not include a supervisory officer, a principal, a vice-principal or an instructor in a teacher-training institution; ("enseignant vis par la partie X.1")

"person" includes a designated bargaining agent and a trade union; ("personne") y

"teachers' bargaining unit" means a bargaining unit described in subsection 277.3 (1), 277.4 (1) or (2) or 277.7 (1). ("unit de ngociation d'enseignants") Interpretation

(2) Unless a contrary intention appears, expressions used in this Act relating to collective bargaining have the same meaning as in the Labour Relations Act, 1995. Collective Bargaining

b Labour Relations Act, 1995

277.2 (1) The Labour Relations Act, 1995 applies with necessary modifications with respect to boards, designated bargaining agents and Part X.1 teachers, except where otherwise provided or required by this Part. y Constitutional rights

(2) The Labour Relations Act, 1995 shall not be interpreted so as to 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.

b Related employers

(3) No person is entitled to make an application to the Ontario Labour Relations Board under subsection 1 (4) of the Labour Relations Act, 1995 with respect to a board. Teachers' bargaining units, district school boards

277.3 (1) Each district school board has the following bargaining units:

1. One bargaining unit composed of every Part X.1 teacher, other than occasional teachers, who is assigned to one or more elementary schools or to perform duties in respect of such schools all or most of the time.

2. One bargaining unit composed of every Part X.1 teacher who is an occasional teacher and who is on the board's roster of occasional teachers who may be assigned to an elementary school.

3. One bargaining unit composed of every Part X.1 teacher, other than occasional teachers, who is assigned to one or more secondary schools or to perform duties in respect of such schools all or most of the time.

4. One bargaining unit composed of every Part X.1 teacher who is an occasional teacher and who is on the board's roster of occasional teachers who may be assigned to a secondary school. Designated bargaining agents

(2) The following bargaining agents represent the corresponding bargaining units:

1. For each of the elementary school teachers' units at an English-language public district school board, The Federation of Women Teachers' Associations of Ontario and The Ontario Public School Teachers' Federation, acting jointly, are the bargaining agent.

2. For each of the secondary school teachers' units at an English-language public district school board, The Ontario Secondary School Teachers' Federation is the bargaining agent.

3. For every teachers' bargaining unit at an English-language separate district school board, The Ontario English Catholic Teachers' Association is the bargaining agent.

4. For every teachers' bargaining unit at a French-language district school board, l'Association des enseignantes et des enseignants franco-ontariens is the bargaining agent. Teachers' bargaining units, school authorities

277.4 (1) Every school authority (other than a board established under section 68) has the following bargaining units:

1. One bargaining unit composed of every Part X.1 teacher, other than occasional teachers, who is assigned to teach pupils enrolled in a French-language instructional unit or to perform duties in respect of such instructional units all or most of the time.

2. One bargaining unit composed of every Part X.1 teacher who is an occasional teacher and who is on the school authority's roster of occasional teachers who may be assigned to teach pupils enrolled in a French-language instructional unit.

3. One bargaining unit composed of every Part X.1 teacher, other than occasional teachers, who is not assigned to teach pupils enrolled in a French-language instructional unit or to perform duties in respect of such instructional units all or most of the time.

4. One bargaining unit composed of every Part X.1 teacher who is an occasional teacher and who is on the school authority's roster of occasional teachers who may be assigned to teach pupils other than those enrolled in a French-language instructional unit. Same

(2) Every board established under section 68 has the following bargaining units:

2. One bargaining unit composed of every Part X.1 teacher who is an occasional teacher and who is on the board's roster of occasional teachers who may be assigned to an elementary school.

(3) The bargaining agent for a bargaining unit is each of the following organizations, acting jointly, that, on December 31, 1997, had a branch affiliate representing a member of the bargaining unit for collective bargaining purposes under the School Boards and Teachers Collective Negotiations Act: y

1. L'Association des enseignantes et des enseignants franco-ontariens.

2. The Federation of Women Teachers' Associations of Ontario.

3. The Ontario English Catholic Teachers' Association.

4. The Ontario Public School Teachers' Federation.

5. The Ontario Secondary School Teachers' Federation.

b Same

(4) Despite subsection (3), the bargaining agent for a bargaining unit described in paragraph 1 or 2 of subsection (1) is l'Association des enseignantes et des enseignants franco-ontariens. Occasional teachers

277.5 (1) An occasional teacher may be a member of more than one teachers' bargaining unit. Same

(2) An occasional teacher is on a board's roster of occasional teachers if he or she is on a list of occasional teachers maintained by a school operated by the board. Same

(3) Upon request, a board shall give a designated bargaining agent a copy of the roster and a principal of a school operated by the board shall give a designated bargaining agent a copy of the list of occasional teachers maintained by the school. Transition

(4) On January 1, 1998, occasional teachers who are members of a bargaining unit composed primarily of occasional teachers (other than a teachers' bargaining unit established under this Part) cease to be members of that unit. Outstanding grievances

(5) A grievance with respect to an occasional teacher that is not finally determined on January 1, 1998 is continued and the designated bargaining agent for the teachers' bargaining unit in which the teacher is a member represents the teacher for the purposes of the grievance, instead of the bargaining agent that represented the teacher on December 31, 1997. y Replacement of specified bargaining agents

277.6 (1) On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 277.3 (2) is repealed and the following substituted:

1. For the elementary school teachers' unit at an English-language public district school board, the Elementary Teachers' Federation of Ontario is the bargaining agent. Same

(3) On the day named by proclamation under subsection (1), paragraphs 2 and 4 of subsection 277.4 (3) are repealed and the following substituted:

2. The Elementary Teachers' Federation of Ontario. Same

(4) On the day named by proclamation under subsection (1), the Elementary Teachers' Federation of Ontario replaces The Federation of Women Teachers' Associations of Ontario and the Ontario Public School Teachers' Federation as a party to all proceedings, negotiations and collective agreements under this Part.

b Combined bargaining unit

277.7 (1) One or more teachers' bargaining units (the "predecessor bargaining units") may be combined to establish one teachers' bargaining unit,

(a) if the designated bargaining agent for each of the predecessor bargaining units is the same; and

(b) if the employer and the designated bargaining agent agree. y

' Discontinuation of combined bargaining unit

(3) If the employer and the designated bargaining agent agree, the combined bargaining unit may be discontinued and, in that case, the predecessor bargaining units are re-established. Appropriate bargaining units

277.8 (1) The teachers' bargaining units shall be deemed to be appropriate bargaining units. Certification of bargaining agents

(2) Each designated bargaining agent shall be deemed to be certified as the bargaining agent for the corresponding bargaining unit as specified in subsection 277.3 (2), 277.4 (3) or (4) or 277.7 (1). Same

(3) No trade union is entitled to apply for certification as the bargaining agent for a teachers' bargaining unit. Same

(4) No person is entitled to apply for a declaration that a designated bargaining agent no longer represents the members of a teachers' bargaining unit. Joint negotiations

277.9 (1) In negotiations for a collective agreement, two or more district school boards may act jointly as a party and two or more bargaining agents may act jointly as a party if the boards and the agents all agree to do so. Same, school authorities

(2) Subsection (1) applies with respect to school authorities, with necessary modifications. Same, bargaining agents

(3) In negotiations with one district school board or school authority, two or more bargaining agents may act jointly as a party. Agreements

(4) The joint parties may negotiate one agreement or may negotiate separate agreements for each board and bargaining unit. Arbitration

277.10 When resolving matters in dispute, an arbitrator or board of arbitration appointed under section 40 or 43 of the Labour Relations Act, 1995 shall consider the factors and criteria set out in subsection 35 (1.1) of the School Boards and Teachers Collective Negotiations Act as it reads immediately before its repeal.

b Election by principal, vice-principal

277.11 (1) This section applies with respect to principals and vice-principals who are employed by an old board or a school authority on December 31, 1997 and become employed by a board after that date as a result of an order made by the Commission under section 58.2 or otherwise under a regulation authorized by clause 58.1 (2) (p). Same

(2) Before April 1, 1998, a principal or a vice-principal may elect in writing to resign his or her position as principal or vice-principal and to continue his or her employment with the board as a teacher. Same

(3) The election takes effect on August 31, 1998 or on such earlier date as the board and the principal or vice-principal may agree upon. Same

(4) When the principal or vice-principal becomes a member of a teachers' bargaining unit, his or her seniority is determined as if he or she had been employed as a teacher when he or she was a principal or vice-principal. Effect on collective agreement

(5) The collective agreements that apply with respect to teachers in the bargaining unit in which the principal or vice-principal becomes a member are inoperative to the extent necessary to permit his or her assumption of a position within the bargaining unit. Repeal

(6) This section is repealed on January 1, 2001. y Education Relations Commission

277.12 (1) 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,

(a) advising the Lieutenant Governor in Council when, in the opinion of the Commission, the continuation of a strike, lock-out or closing of a school or schools will place in jeopardy the successful completion of courses of study by the affected pupils;

(a.1) making determinations under clause 60 (1) (f) of the School Boards and Teachers Collective Negotiations Act in respect of applications made but not finally determined before January 1, 1998; and y

(b) compiling statistical information on the supply, distribution, professional activities and salaries of teachers.

b Certain proceedings continued

(1.1) A proceeding seeking a determination under clause 60 (1) (f) of the School Boards and Teachers Collective Negotiations Act that is commenced but not finally determined before January 1, 1998 is continued and, for that purpose, the School Boards and Teachers Collective Negotiations Act, as it reads immediately before its repeal, continues to apply. y Provision of information

(2) The Commission may request a board to provide information for the purpose described in clause (1) (b) and the board shall comply with the request within a reasonable period of time. Same

(3) The Commission may request a board to provide a copy of collective agreements to which the board is a party and the board shall comply with the request within a reasonable period of time. Testimony in proceedings

(4) Section 61 of the School Boards and Teachers Collective Negotiations Act, as it reads immediately before its repeal, continues to apply with respect to the members of the Commission acting under the authority of this section. Repeal

(5) Clause (1) (b) and subsections (2) and (3) are repealed on a day to be named by proclamation of the Lieutenant Governor. Re-enactment

(6) On a day to be named by proclamation of the Lieutenant Governor, this section is repealed and the following substituted: Advice re jeopardy

277.12 (1) The Lieutenant Governor in Council may, by order, appoint a person or entity to advise the Lieutenant Governor in Council when, in the opinion of the person or entity, the continuation of a strike, lockout or closing of a school or schools will place in jeopardy the successful completion of courses of study by the affected pupils. Same

(2) The Lieutenant Governor in Council may give the person or entity such directions as the Lieutenant Governor in Council considers appropriate with respect to the discharge of his, her or its duties under the order. Conflict

277.13 In case of conflict, this Act and regulations made under it prevail over the provisions of a collective agreement.

b Enforcement of Part X.1

277.13.1 (1) This Part may be enforced as if it formed part of the Labour Relations Act, 1995 and, for that purpose, that Act shall be read as if it included this Part. Same

(2) Without limiting the generality of subsection (1),

(a) a designated bargaining agent shall be deemed to be a trade union for the purposes of the Labour Relations Act, 1995\;

(b) sections 110 to 118 of the Labour Relations Act, 1995 apply with necessary modifications with respect to anything the Ontario Labour Relations Board does under this Part;

(c) subsections 96 (4), (6) and (7) and sections 122 and 123 of the Labour Relations Act, 1995 apply with necessary modifications with respect to proceedings before the Ontario Labour Relations Board and its decisions, determinations and orders;

(d) the Ontario Labour Relations Board has, in relation to any proceedings under this Part, the same powers to make rules to expedite proceedings as the Board has under subsection 110 (18) of the Labour Relations Act, 1995, and the rules apply despite anything in the Statutory Powers Procedure Act and they are not regulations within the meaning of the Regulations Act. No panels

(3) Where the Ontario Labour Relations Board is given authority to make a decision, determination or order under this Part, it shall be made,

(a) by the chair or, if the chair is absent or unable to act, by the alternate chair; or

(b) by a vice-chair selected by the chair in his or her sole discretion or, if the chair is absent or unable to act, selected by the alternate chair in his or her sole discretion. Labour relations officers

(4) The Ontario Labour Relations Board may authorize a labour relations officer to inquire into any matter that comes before it under this Part and to endeavour to settle any such matter. Interim orders

(5) The Ontario Labour Relations Board may make interim orders with respect to a matter that is or will be the subject of a pending or intended proceeding. Timing of decisions, etc.

(6) The Ontario Labour Relations Board shall make decisions, determinations and orders under this Part in an expeditious fashion. Finality

(7) A decision, determination or order made by the Ontario Labour Relations Board is final and binding for all purposes. Repeal

(8) Clause (2) (d) and subsection (3) are repealed on January 1, 2001. Enforcement, Labour Relations Act, 1995

277.13.2 (1) Clause 277.13.1 (2) (d) and subsections 277.13.1 (3) to (7) apply with necessary modifications with respect to the enforcement of the Labour Relations Act, 1995 by the Ontario Labour Relations Board. Repeal

(2) This section is repealed on January 1, 2001. y The Transition from December 31, 1997 to January 1, 1998 Terms of employment, district school boards

277.14 (1) This section applies with respect to teachers who,

(a) on December 31, 1997, are employed by an old board and are represented for collective bargaining purposes by a branch affiliate within the meaning of the School Boards and Teachers Collective Negotiations Act\; and

(b) on January 1, 1998 are employed by a district school board as a result of an order made by the Commission under section 58.2 or otherwise under a regulation authorized by clause 58.1 (2) (p). Applicable collective agreements

(2) On January 1, 1998, the district school board is bound by the following collective agreements as if it had been a party to them:

1. A collective agreement that applies with respect to a teacher on December 31, 1997.

2. If no collective agreement applies with respect to a teacher on December 31, 1997, the most recent collective agreement that applied with respect to the teacher. The most recent agreement shall be deemed to have been amended to reflect alterations to terms and conditions that were made under the School Boards and Teachers Collective Negotiations Act after the agreement expired and before September 22, 1997.

3. Every collective agreement that applies with respect to teachers employed on December 31, 1997 at a particular school or school site that, on January 1, 1998, is within the board's jurisdiction.

4. If, on December 31, 1997, no collective agreement applies with respect to teachers described in paragraph 3, the most recent collective agreement that applied with respect to the teachers. The most recent agreement shall be deemed to have been amended to reflect alterations to terms and conditions that were made under the School Boards and Teachers Collective Negotiations Act after the agreement expired and before September 22, 1997. Same, transfer between boards

(3) If a teacher is transferred (by an order made by the Commission under section 58.2 or otherwise under a regulation authorized by clause 58.1 (2) (p)) from one district school board to another on or after January 1, 1998 and before September 1, 1998,

(a) the board from which the teacher is transferred ceases to be bound by the collective agreement described in paragraph 1 or 2 of subsection (2) with respect to the teacher when the transfer occurs; and

(b) the board to which the teacher is transferred is bound by the collective agreement described in paragraph 1 or 2 of subsection (2) with respect to the teacher when the transfer occurs as if it had been a party to the agreement. Status of board

(4) The district school board shall be deemed to be the employer under each collective agreement described in subsection (2) with respect to the teachers employed by the board. Terms and conditions of employment

(5) Subject to subsection (6), the terms and conditions of employment that apply on and after January 1, 1998 with respect to a teacher employed at a particular school or school site within the district school board's jurisdiction are determined,

(a) by the collective agreement that applies with respect to teachers employed in a similar position at that school or school site on December 31, 1997; or

(b) if no such agreement applies, by the most recent collective agreement that applied before December 31, 1997 (including the deemed amendments described in paragraph 2 of subsection (2)) with respect to teachers employed in a similar position at that school or school site. Salary, benefits and seniority

(6) The salary, benefits and seniority of a teacher on and after January 1, 1998 are determined,

(a) by the collective agreement that applies to him or her on December 31, 1997; or

(b) if no such agreement applies, by the most recent collective agreement (including the deemed amendments described in paragraph 4 of subsection (2)) that applied to him or her before December 31, 1997.

b Seniority

(7) Despite subsection (6), the following rules apply for the purpose of determining the seniority of teachers in a bargaining unit if two or more collective agreements apply with respect to teachers in the unit:

1. The board shall give the bargaining agent a proposed definition of seniority on or before March 31, 1998 to be used to determine the seniority of all teachers in the bargaining unit.

2. The bargaining agent shall respond to the proposal within five days after receiving it.

3. The parties may negotiate with a view to agreeing upon a definition of seniority.

4. If the parties do not wish to negotiate or if they do not agree upon a definition of seniority, either party may apply to the Ontario Labour Relations Board for an order specifying the definition of seniority to be used.

5. If, before May 1, 1998, the parties do not reach an agreement or the Ontario Labour Relations Board does not make an order, the definition of seniority first proposed by the board is the definition to be used to determine the seniority of all teachers in the bargaining unit before the first collective agreement for the bargaining unit commences. y

' Effect

(9) The provisions of any applicable collective agreement are inoperative to the extent that they are inconsistent with the determination of seniority under subsection (7). Termination of agreements

(10) Every collective agreement continued in force by this section terminates on the earliest of,

(a) the day on which the first collective agreement for the applicable teachers' bargaining unit is entered into after December 31, 1997; or

(b) seven days after the day the Minister of Labour has released (or is deemed pursuant to subsection 122 (2) of the Labour Relations Act, 1995 to have released) to the parties the report of a conciliation board or mediator; or

(c) fourteen days after the day the Minister of Labour has released (or is deemed pursuant to subsection 122 (2) of the Labour Relations Act, 1995 to have released) to the parties a notice that he or she does not consider it advisable to appoint a conciliation board. Definition

(11) In subsections (2) and (5),

"collective agreement" means an agreement within the meaning of the School Boards and Teachers Collective Negotiations Act as the Act reads on December 31, 1997. Terms of employment, school authorities

277.15 (1) An agreement within the meaning of the School Boards and Teachers Collective Negotiations Act between a school authority and one or more branch affiliates that is in force on January 1, 1998 constitutes a collective agreement for the purposes of the Labour Relations Act, 1995. Same

(2) If there is no agreement described in subsection (1) in force on January 1, 1998, the terms and conditions of employment of the teachers shall be those determined by the most recent agreement that applied to them before that date, including any alterations to the terms and conditions made under the School Boards and Teachers Collective Negotiations Act after the agreement expired and before September 22, 1997.

b Termination of agreements

(3) Every collective agreement described in subsection (1) terminates on the earliest of,

(a) the date specified in the agreement;

(b) the day on which the first collective agreement for the applicable teachers' bargaining unit is entered into after December 31, 1997;

(c) seven days after the day the Minister of Labour has released (or is deemed pursuant to subsection 122 (2) of the Labour Relations Act, 1995 to have released) to the parties the report of a conciliation board or mediator; or

(d) 14 days after the day the Minister of Labour has released (or is deemed pursuant to subsection 122 (2) of the Labour Relations Act, 1995 to have released) to the parties a notice that he or she does not consider it advisable to appoint a conciliation board. y Outstanding grievances

277.16 (1) This section applies with respect to a grievance under an agreement or an expired agreement made under the School Boards and Teachers' Collective Negotiations Act that arises before January 1, 1998 and is not finally determined by that date.

b Same

(2) If the grievance relates to a Part X.1 teacher, the grievance is continued and the designated bargaining agent for the teacher is the bargaining agent representing the teacher for the purposes of the grievance, instead of the branch affiliate that represented him or her before January 1, 1998. y Termination of arbitrations

277.17 (1) Proceedings before an arbitrator or arbitration board that are commenced under Part IV of the School Boards and Teachers Collective Negotiations Act before January 1, 1998 and in which a final decision has not been issued and served before that date are terminated on January 1, 1998. Termination of strikes, lock-outs

(2) Every strike and lock-out commenced before January 1, 1998 under the School Board and Teachers Collective Negotiations Act is terminated on January 1, 1998. Right to strike

(3) Beginning on January 1, 1998, no Part X.1 teacher shall strike against a board unless the strike is authorized by the Labour Relations Act, 1995. Right to lock-out

(4) Beginning on January 1, 1998, no board shall lock out a Part X.1 teacher unless the lock-out is authorized by the Labour Relations Act, 1995. Enforcement

(5) Sections 81 to 85 and 100 to 108 of the Labour Relations Act, 1995 apply with necessary modifications with respect to the enforcement of this section. Teachers' First Collective Agreement after the Transition First collective agreements

277.18 (1) Sections 277.18 to 277.20 apply only with respect to negotiations for the first collective agreement entered into after December 31, 1997 for each teachers' bargaining unit and with respect to the agreement.

b Same

(2) Sections 68 (successor rights) and 69 (sale of a business) of the Labour Relations Act, 1995 do not apply upon the occurrence of any of the following things before the first collective agreement for a bargaining unit commences:

1. A transfer of teachers from an old board to a district school board.

2. A transfer of teachers between district school boards.

3. A transfer of assets or liabilities from an old board to a district school board.

4. A transfer of assets or liabilities between district school boards. y Notice of desire to bargain

277.19 (1) On January 1, 1998, each designated bargaining agent shall be deemed to have given the appropriate board written notice under section 16 of the Labour Relations Act, 1995 of its desire to bargain with a view to making a first collective agreement. Same

(2) On January 1, 1998, each designated bargaining agent shall be deemed to be entitled under the Labour Relations Act, 1995 to give notice under section 16 of that Act. Minimum term of agreement

277.20 (1) Every first collective agreement must provide for a term of operation of at least two years. Same

(2) An agreement that does not provide for a term of operation of two years or longer shall be deemed to provide for a two-year term. Effective date

(3) Every first collective agreement must take effect no later than September 1, 1998. Repeal

277.21 Sections 277.14 to 277.21 are repealed on January 1, 2001.

124. Sections 279, 280, 281, as amended by the Statutes of Ontario, 1993, chapter 11, section 37, and section 282 of the Act, are repealed and the following substituted: Supervisory officers and director of education: district school boards

279. Every district school board shall, subject to the regulations, employ a supervisory officer as director of education and such other supervisory officers as it considers necessary to supervise all aspects of the programs under its jurisdiction. Appointment of director of education: school authorities

280. (1) Two or more public school authorities may with the approval of the Minister agree to appoint a supervisory officer as director of education to supervise all aspects of the programs under their jurisdictions. Same

(2) Two or more Roman Catholic school authorities may with the approval of the Minister agree to appoint a supervisory officer as director of education to supervise all aspects of the programs under their jurisdictions. Abolition of position

(3) A school authority that appoints a director of education with the approval of the Minister shall not abolish the position of director of education without the approval of the Minister.

125. Subsection 283 (1) of the Act is repealed and the following substituted: Chief executive officer

(1) A board shall not appoint or employ a person as a director of education unless the person is a supervisory officer who qualified as such as a teacher. Same

(1.1) A director of education is the chief education officer and the chief executive officer of the board by which he or she is employed.

126. Section 284 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 38 and section 284.1 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 39 are repealed and the following substituted: Supervisory officers: school authorities

284. (1) Subject to subsection (2), every school authority shall appoint one or more English-speaking supervisory officers for schools and classes where English is the language of instruction and one or more French-speaking supervisory officers for schools and classes where French is the language of instruction. Agreements

(2) Subsection (1) does not apply where a school authority has entered into an agreement under subsection (3) or (4). Same

(3) With the approval of the Minister, a school authority may enter into an agreement with another board to obtain the services of an English-speaking or French-speaking supervisory officer appointed by the other board. Same

(4) A school authority may enter into an agreement with the Minister to obtain the services of an English-speaking or French-speaking supervisory officer appointed by the Minister.

127. Subsection 286 (1) of the Act is amended by striking out "Subject to the regulations" at the beginning and substituting "Subject to the policies and guidelines established under paragraph 3.4 of subsection 8 (1) and subject to the regulations".

127.1 The Act is amended by adding the following sections: Principals, vice-principals

287.1 (1) A principal or a vice-principal may perform the duties of a teacher despite any provision in a collective agreement. Regulations

(2) The Lieutenant Governor in Council may make regulations governing terms and conditions of employment for principals and for vice-principals. Same

(3) A regulation may establish different requirements for different classes of principal or vice-principal. Employment terms, principals, etc.

287.2 (1) This section applies with respect to principals and vice-principals who are employed by an old board or a school authority on December 31, 1997 and become employed by a board after that date as a result of an order made by the Commission under section 58.2 or otherwise under a regulation authorized by clause 58.1 (2) (p). Same

(2) The terms and conditions of employment for a principal or vice-principal that are in effect on December 31, 1997 continue in effect from January 1, 1998 until August 31, 1998 or until such earlier date as may be agreed upon in writing by him or her and the board that becomes his or her employer. Exceptions

(3) Terms and conditions of employment relating to the following matters do not apply with respect to the principal or vice-principal beginning on January 1, 1998:

1. Membership in The Ontario Teachers' Federation or in an affiliate or a branch affiliate.

2. Seniority.

3. Grievances under a collective agreement or an expired collective agreement.

4. Recall and redundancy rights. Repeal

(4) This section is repealed on September 1, 2000. y

128. Part XII of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 41, 1993, chapter 27, Schedule and 1993, chapter 41, sections 4 and 5, is repealed and the following substituted:

PART XII

LANGUAGE OF INSTRUCTION Provisions Relating to District School Boards French-language district school boards

288. A French-language district school board shall only operate classes, groups of classes and schools that are French-language instructional units. English-language district school boards

289. An English-language district school board shall not operate classes, groups of classes or schools that are French-language instructional units. Provisions Relating to School Authorities Application

290. (1) This section does not apply to a board established under section 67. Right to instruction in French-language instructional unit: school authorities

(2) Every French-speaking person who is qualified under this Act to be a resident pupil of a school authority has the right to receive elementary school instruction in a French-language instructional unit operated or provided by the school authority. Duty of school authority to provide French-language instructional unit

(3) Every school authority that has one or more resident pupils who notify the school authority that they wish to exercise their right to receive elementary school instruction in a French-language instructional unit shall establish and operate one or more French-language instructional units for those pupils or shall enter into an agreement with another board to enable those pupils to receive instruction in a French-language instructional unit operated by the other board. Meals, lodging and transportation

(4) A school authority that provides a French-language instructional unit for elementary school instruction by means of an agreement with another board shall provide to each French-speaking person who is a resident pupil of the school authority for whom French-language instruction is provided under the agreement and who resides with the parent or other person who has lawful custody of the pupil more than 24 kilometres from the French-language instructional unit,

(a) an allowance payable monthly in an amount set by the school authority for meals and lodging for each day of attendance as certified by the principal for the French-language instructional unit and for transportation once a week from the pupil's residence to the lodging and return; or

(b) daily transportation in a manner determined by the school authority from the pupil's residence to the French-language instructional unit and return, where the parent or other person who has lawful custody of the pupil elects to have daily transportation. English-language schools or classes

(5) Where a school authority operates or provides one or more elementary French-language instructional units, a resident pupil of the school authority has the right to receive elementary school instruction in the English language and subsections (2), (3) and (4) apply with necessary modifications in respect of the resident pupil and the school authority. Right to instruction in French-language instructional unit: s. 67 boards

291. (1) Every French-speaking person who is qualified under this Act to be a resident pupil of a school authority established under section 67 has the right to receive secondary school instruction in a French-language instructional unit operated or provided by the school authority. Duty of s. 67 boards to provide French-language instructional unit

(2) Every school authority established under section 67 that has one or more resident pupils who notify the school authority that they wish to exercise their right to receive secondary school instruction in a French-language instructional unit shall establish and operate one or more French-language instructional units for those pupils or shall enter into an agreement with another board to enable those pupils to receive instruction in a French-language instructional unit operated by the other board. Meals, lodging and transportation

(3) A school authority established under section 67 that provides a French-language instructional unit for secondary school instruction by means of an agreement with another board shall provide to each French-speaking person who is qualified to be a resident pupil of the school authority for whom French-language instruction is provided under the agreement and who resides with the parent or other person who has lawful custody of the pupil more than 24 kilometres from the French-language instructional unit,

(4) Where a school authority established under section 67 operates or provides one or more secondary French-language instructional units, a resident pupil of the school authority has the right to receive secondary school instruction in the English language and subsections (1) to (3) apply with necessary modifications in respect of the resident pupil and the school authority. Provisions Relating to District School Boards and School Authorities English as a subject of instruction

292. (1) English may be a subject of instruction in any grade in a French-language instructional unit. Same, grades 5, 6, 7 and 8

(2) English shall be a subject of instruction in grades 5, 6, 7 and 8 in every French-language instructional unit. Admission of pupils other than French-speaking persons, district school boards

293. (1) A French-language district school board, on the request of the parent of a pupil who is not a French-speaking person, or of a person who has lawful custody of a pupil who is not a French-speaking person, or of a pupil who is an adult and is not a French-speaking person, may admit the pupil to a school of the board if the admission is approved by majority vote of an admissions committee appointed by the board and composed of,

(a) the principal of the school to which admission is requested;

(b) a teacher of the board; and

(2) A school authority that operates a French-language instructional unit, on the request of the parent of a pupil who is not a French-speaking person, or of a person who has lawful custody of a pupil who is not a French-speaking person, or of a pupil who is an adult and is not a French-speaking person, may admit the pupil to the French-language instructional unit if the admission is approved by majority vote of an admissions committee appointed by the school authority and composed of,

(a) the principal of the school to which admission is requested;

(b) a teacher who uses the French language in instruction in the school; and

(c) a French-speaking supervisory officer employed by the school authority or arranged for in accordance with subsection (3). Where school authority has no French-speaking supervisory officer

(3) Where a school authority does not employ a French-speaking supervisory officer, it shall arrange for a French-speaking supervisory officer employed by another board or by the Minister to serve as a member of the admissions committee. French-language Rights Holder Groups

294. (1) In this section and in sections 295 to 299,

"Commission" means the Languages of Instruction Commission of Ontario continued under section 295; ("Commission")

"French-language rights holder", in relation to a school authority, means a person who is entitled to vote at an election of members of the school authority and 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 lis au franais") Proposals of French-language rights holders groups

(2) A group of 10 French-language rights holders of a school authority may develop a proposal designed to meet the educational and cultural needs of the French-speaking persons who are resident pupils of the school authority and of the French-speaking community served by the school authority. Same

(3) A proposal under this section may relate to,

(a) the provision of suitable sites, accommodation and equipment;

(b) the establishment, operation and management of French-language instructional units;

(d) the use of the French language and of the English language in French-language instructional units;

(e) the use of Quebec Sign Language as a language of instruction;

(f) the recruitment and appointment of the required teaching, supervisory and administrative personnel;

(g) the establishment of the course of study and the use of textbooks;

(h) the development and establishment of special education programs;

(i) the establishment of attendance areas for French-language instructional units;

(j) the provision of transportation for pupils;

(k) the entering into agreements with other boards in respect of the provision of instruction in the French language and supervisory and consultative services;

(l) the provision of board, lodging, and transportation for pupils;

(m) the development and establishment of adult education programs;

(n) the use of any facility and means necessary to meet the educational and cultural needs of the French-speaking community;

(o) the provision of summer school programs; and

(p) any other matter pertaining to French-language education for French-speaking persons. Consideration of proposals by school authority

(4) The school authority shall consider any proposal that is developed by a French-language rights holder group under this section and submitted to the school authority in writing. Same

(5) The school authority shall not refuse to approve the proposal without having given the French-language rights holder group an opportunity to be heard by the school authority. Same

(6) For the purposes of subsection (5), a group shall name one of its members to speak for the group. Approval of proposal under clause (3) (c)

(7) Where a school authority approves a proposal made under clause (3) (c), it shall give notice of the approval to the Minister, together with a recommendation that a regulation be made under subsection 58.1 (2) implementing the proposal. Notice of refusal

(8) A school authority that refuses to approve a proposal shall, within 30 days after receiving the proposal of the French-language rights holder group, forward to the group written reasons for the refusal. Referral by group to Languages of Instruction Commission

(9) On receipt of a refusal and the reasons for it under subsection (8), the French-language rights holder group may refer the matter to the Commission by sending to the Commission,

(a) a written request for consideration of the matter;

(b) the written proposal of the group; and

(10) A French-language rights holder group that refers a matter to the Commission shall send to the school authority a copy of the written request for consideration referred to in clause (9) (a). Languages of Instruction Commission of Ontario Commission continued

295. (1) The Languages of Instruction Commission of Ontario is continued under the name Languages of Instruction Commission of Ontario in English and Commission des langues d'enseignement de l'Ontario in French and shall be composed of five members appointed by the Lieutenant Governor in Council, at least two of whom shall be French-speaking and at least two of whom shall be English-speaking, and one of the members shall be appointed as chair. Term, reappointment and remuneration

(2) Members of the Commission shall hold office for a term of one, two or three years as may be determined from time to time by the Lieutenant Governor in Council, may be reappointed and shall be paid such remuneration as is determined by the Lieutenant Governor in Council. Vacancies

(3) Where a vacancy occurs in the membership of the Commission, the vacancy may be filled for the unexpired portion of the term of the person whose office has become vacant. Commission is responsible to the Minister

(4) The Commission is responsible to the Minister for its operation and shall be assisted by such employees in the public service of Ontario as the Minister may assign for the purpose and may, as required from time to time, obtain the services of a lawyer. Quorum

(5) A quorum consists of three members of whom at least one shall be French-speaking and one English-speaking. Recommendation

(6) A recommendation of the Commission under section 297 or 298 requires the approval of at least a majority of the members of the Commission. Duties of Commission

(7) The Commission shall consider matters referred to it by a French-language rights holders group under section 294 or by the Minister under subsection (9). Person to speak for group

(8) The group shall name one of its members to speak for it. Referral to Commission by Minister

(9) The Minister may refer to the Commission any matter relating to instruction in the French language or, where the pupils of a school authority who receive instruction in the English language are a minority of the pupils of the school authority, any matter relating to instruction in the English language. Commission response to referral under s. 294

(10) When a matter is referred to the Commission by a French-language rights holders group, the Commission shall,

(a) promptly appoint one or more mediators where it considers that the furtherance of the matter may be conducive to meeting the educational and cultural needs of the French-speaking or the English-speaking community; or

(b) take no further action where it considers that the furtherance of the matter is not conducive to meeting the educational and cultural needs of the French-speaking or the English-speaking community. Commission response to referral under subs. (9)

(11) When a matter is referred to the Commission by the Minister, the Commission shall promptly appoint one or more mediators. Notice where no further action by Commission

(12) Where the Commission takes no further action on a referral from a French-language rights holder group, it shall promptly send notice in writing of its decision, with written reasons, to the school authority, the Minister and the person named under subsection (8). Notice where mediator appointed

(13) Where the Commission makes an appointment under subsection (10) or (11), it shall give to each party the name and address of each mediator and of each party. Parties

(14) The following are the parties to the mediation:

1. The Minister.

2. The school authority.

3. Where the referral was from a French-language rights holder group, the person named under subsection (8).

4. Any other person specified by the Commission. Remuneration

296. (1) Mediators shall be paid such remuneration as the Lieutenant Governor in Council may determine. Who not eligible as mediator

(2) A mediator shall not be a member of the Commission. Duties of mediator

(3) The mediator or mediators shall, after inquiring into the matter referred for mediation and conferring with the parties, endeavour to bring about an agreement and shall, within 21 days of being appointed, report to the Commission the agreement that has been reached, or the failure to bring about an agreement. Extension of period of mediation

(4) The period referred to in subsection (3) may be extended by the Commission or by agreement of the parties to the mediation. Duties of Commission

297. (1) Where the report of the mediator or mediators to the Commission indicates failure to bring about an agreement, the Commission shall consider and inquire into all pertinent aspects of the matter referred to mediation and shall, within 21 days of its receipt of the report, recommend in writing a course of action that it considers appropriate to settle the matter and send copies of its recommendation to each party to the mediation. Resolution by school authority

(2) Except where implementation of the recommendation would require a regulation under subsection 58.1 (2), within 30 days of the receipt by the school authority of the recommendation of the Commission, the school authority shall resolve either to implement the recommendation or not to implement the recommendation. Notice of resolution

(3) The school authority shall give written notice of the resolution to each party. Where school authority resolves not to implement recommendation

(4) A school authority that resolves not to implement the recommendation shall also give written reasons for the resolution to each party. Time for notices and reasons

(5) The school authority shall give the notices and reasons within the 30-day period mentioned in subsection (2). Second resolution

298. (1) A school authority that resolves not to implement the recommendation of the Commission may rescind the resolution and resolve to implement the recommendation. Conflict with by-law

(2) In the event of a conflict between subsection (1) and a by-law of the school authority, subsection (1) prevails. Time for second resolution

(3) A school authority must act under subsection (1) within 60 days after receiving the recommendation of the Commission. Notice

(4) A school authority that acts under subsection (1) shall give written notice of its action to each party. Reconsideration by Commission

299. (1) Where a school authority does not resolve to implement the recommendation of the Commission within the period of time mentioned in section 297 or 298, as the case requires, the Commission shall reconsider the matter and shall make a written report and recommendation to the Minister in respect of the matter. Order by Minister

(2) The Minister shall consider the report and recommendation of the Commission under subsection (1) and shall make such order to the school authority or the Commission, or both, or take such other action, to deal with the matter as the Minister considers appropriate in the circumstances. Report and recommendation not binding on Minister

(3) The report and recommendation of the Commission are not binding on the Minister, and the Minister is not required to give to any person an opportunity to make submissions or to be heard before making an order under subsection (2). Enforcement of order

(4) An order by the Minister under subsection (2), exclusive of the reasons, if any, therefor may be filed in the Ontario Court (General Division). Same

(5) An order filed under subsection (4) shall be entered in the same way as a judgment or order of the Ontario Court (General Division) and is enforceable as an order of that court. Service of order

(6) An order by the Minister under subsection (2),

(a) to a school authority is effective according to its terms when a copy is served on the secretary of the school authority; and

(b) to the Commission is effective according to its terms when a copy is served on the chair of the Commission.

129. Part XIII of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, sections 42 and 43, 1993, chapter 27, Schedule, 1993, chapter 41, sections 6, 7, 8 and 9 and 1996, chapter 13, section 11, is repealed.

130. The heading to Part XIV of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 6, is repealed and the following substituted:

PART XIV

MATTERS RELATED TO 1997-1998 SCHOOL SYSTEM REFORMS

131. Sections 327 to 333 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 7, are repealed.

132. The Act is amended by adding the following heading immediately before section 334: Education Improvement Commission

133. (1) Section 334 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is amended by adding the following subsection: Same

(4.1) The term of office of a member of the Commission shall end on or before December 31, 2000.

(2) Subsections 334 (12), (13) and (14) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, are repealed.

134. (1) Subsection 335 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is repealed.

(2) Clauses 335 (3) (a) and (b) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, are repealed.

(3) Clause 335 (3) (i) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is repealed.

(4) Clause 335 (3) (j) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is repealed.

(5) Clauses 335 (3) (k) and (l) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, are repealed.

(6) Clause 335 (3) (m) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is repealed.

135. Sections 336 to 343 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, are repealed.

136. Subsection 344 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is amended by striking out "Part" at the end and substituting "Act".

137. Section 345 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is repealed.

138. (1) Subsections 346 (1) and (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, are repealed and the following substituted: Protection from liability

(1) No proceeding for damages shall be brought against,

(a) the Education Improvement Commission or a member or delegate of it;

(b) a member of a committee established by the Education Improvement Commission under this Act;

(c) a person retained by or acting under the direction of the Education Improvement Commission or a committee referred to in clause (b),

for an act done in good faith in the execution or intended execution of any duty or authority related, directly or indirectly, to the carrying out of the mandate of the Education Improvement Commission under this Act or for any alleged neglect or default in the execution in good faith of such duty or authority. Same

(2) Subsection (1) also applies in respect of an employee or agent of an old board or a district school board acting under the direction of,

(a) a member of the Education Improvement Commission or of a committee referred to in clause (1) (b); or

(b) the old board or district school board.

(2) Subsection 346 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is amended by striking out "existing board within the meaning of section 327" in the eighth and ninth lines and substituting "old board".

(3) Subsection 346 (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is repealed.

139. (1) Subsection 347 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is amended by,

(a) striking out "335 to 343" in the second line and substituting "335 to 343 of this Act, as those sections read immediately before the Education Quality Improvement Act, 1997 received Royal Assent,"\; and

(b) striking out "this Part" at the end and substituting "Part II.2 or this Part".

(2) Clause 347 (2) (a) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is amended by striking out "existing board" at the end and substituting "old board or a district school board".

(3) Clause 347 (2) (b) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 8, is repealed and the following substituted:

(b) anything done or proposed to be done in connection with the finances of an old board or a district school board by a member, employee or agent of the old board or district school board.

(4) Subsection 347 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 9, is amended by striking out "Sections 335 to 343 apply" at the beginning and substituting "Section 335 applies".

(5) Subsection 347 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 9, is amended by,

(a) striking out "this Part" in the second line and substituting "Part II.2 or this Part"\; and

(b) striking out "335 to 343" in the fourth line and substituting "335 to 343 of this Act, as those sections read immediately before the Education Quality Improvement Act, 1997 received Royal Assent,".

140. Sections 348 and 349 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 10, are repealed.

141. The Act is amended by adding the following sections: When Education Improvement Commission power may be exercised

350. Where a regulation made under section 58.2 confers a power on the Education Improvement Commission to do a thing, that power may be exercised at any time after the making of the regulation but an instrument made under the power does not come into operation until subsection 58.2 (1) and the regulation come into operation. Transitional Authority of District School Boards Authority of district school boards before 1998

351. (1) For the purposes of this section, a district school board shall be deemed to be constituted as a body corporate when a majority of its members have been elected or appointed. Same

(2) A district school board has the power and duty to comply with the directions of the Education Improvement Commission under this section. Directions

(3) The Education Improvement Commission may issue the directions that it considers appropriate respecting organizational meetings of district school boards before January 1, 1998, including but not limited to directions respecting the business to be conducted at the meetings and the procedures to be followed at the meetings. Same

(4) A direction under subsection (3) may be general or particular. Same

(5) The following are examples of business in respect of which the Education Improvement Commission may give directions under subsection (3):

1. The adoption of by-laws.

2. The appointment of temporary and permanent staff and officers.

3. The appointment of committees.

4. Developing, together with other district school boards, recommendations and agreements to be proposed to the Education Improvement Commission, 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. y Non-application of Regulations Act

(6) A direction of the Education Improvement Commission under subsection (3) is not a regulation within the meaning of the Regulations Act.

b Limitation

(6.1) The authority of the Education Improvement Commission to give directions under this section respecting the business to be conducted and the procedures to be followed at organizational meetings does not include authority to give directions respecting the substance of any decision about any business to be conducted at the meetings. y Purpose

(7) The purpose of this section is to facilitate the organization of the affairs of district school boards in order to permit an orderly assumption of powers and duties by them. Application of s. 207

(8) Section 207 applies, with necessary modifications, to a meeting under this section. Conflict with section 208

(9) In the event of a conflict between section 208 and a direction under this section, the direction under this section prevails. Declaration under section 209

(10) A meeting held in accordance with a direction under this section is a meeting for the purposes of determining when the requirements of section 209 must be met.

141.1 The Act is amended by adding the following section: Transition: membership on old board

351.1 Section 40 of the Municipal Act does not prevent a person who holds office on an old board from being a candidate for, being elected to and holding an office election to which is governed by the Municipal Elections Act, 1996. y

PART II

AMENDMENTS AND REPEALS:

OTHER STATUTES ASSESSMENT ACT

142. (1) The definition of "French-speaking person" in section 1 of the Assessment Act is repealed and the following substituted:

(2) Paragraph 16 of subsection 14 (1) of the Act is repealed and the following substituted:

16. Whether the person is a French-language rights holder.

(3) Paragraphs 18 and 19 of subsection 14 (1) of the Act are repealed and the following substituted:

18. The type of school board the person supports under the Education Act.

(4) Paragraph 20 of subsection 14 (1) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 17, section 4, is repealed and the following substituted:

20. In the case of a corporation, whether the corporation is a designated ratepayer under the Education Act.

(5) Section 14 of the Act, as amended by the Statutes of Ontario, 1992, chapter 17, section 4 and 1997, chapter 5, section 9, is further amended by adding the following subsection: Attributable assessment for school purposes

(3) If a parcel of land has more than one self-contained residential unit, the assessment attributable, for school support purposes, to the person who occupies such a unit shall be determined by dividing the assessment attributable to all the self-contained residential units on the parcel of land by the number of such units.

(6) Subsection 14 (4) of the Act is repealed and the following substituted: Determining school support

(4) In the preparation of the assessment roll, the assessment commissioner, in determining the names and school support of persons, shall be guided by the applications received and approved by the assessment commissioner under section 16 of this Act and by the notices received under section 237 of the Education Act.

(7) Subsection 16 (1) of the Act is repealed and the following substituted: Annual school support list

(1) The assessment commissioner shall, in each year, prepare a list showing the name of every person who is entitled to support a school board and the type of school board he or she supports for each municipality or locality in the commissioner's assessment region and shall deliver the list to the secretary of each school board in the municipality or the locality on or before the 30th day of September in each year.

(8) Subsection 16 (2) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 11, section 2, is amended by striking out "subsection 15 (6)" at the end and substituting "section 15".

(9) Subsection 16 (3) of the Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 10, is repealed and the following substituted: Application respecting school support

(3) Any person may apply in a form approved by the Minister to the assessment commissioner to have his or her name included or altered in the assessment roll as a supporter of a type of school board under the Education Act.

(10) Subsection 16 (4) of the Act is repealed and the following substituted: School support

(4) Unless an application is received and approved by the assessment commissioner under section 16 to the contrary, the assessment commissioner shall indicate in the assessment roll that a person is an English-language public board supporter if that person is entitled to be such a supporter under the Education Act.

(11) Subsection 16 (8) of the Act is repealed and the following substituted: Delivery of application by assessment commissioner

(8) If the assessment commissioner approves an application under subsection (3), the assessment commissioner shall deliver a copy of the approved application to the secretary of each school board in the municipality or locality in which the applicant is entitled to support a school board.

(12) The Act is amended by adding the following sections: Land to be assessed against owner and tenant for certain Education Act purposes

17.1 (1) For the purposes of rates levied under Division C of Part IX of the Education Act, land shall, subject to section 18, be assessed against the owner of it and against the tenant of it to the extent of the assessed value of the portion of the land occupied by the tenant. Land held by trustees, etc.

(2) For the purposes of rates levied under Division C of Part IX of the Education Act, land held by a person as trustee, guardian, executor or administrator shall be assessed against the person as owner or tenant of the land, as the case may require, in the same manner as if the person did not hold the land in a representative capacity. Same

(3) The fact that the person is a trustee, guardian, executor or administrator shall, if known, be stated in the roll. Same

(4) The person is only personally liable when and to the extent that the person has property as trustee, guardian, executor or administrator, available for payment of the taxes. Apportionment of value of multiple occupancy

17.2 (1) Despite subsection 14 (3), for the purposes of rates levied under Division C of Part IX of the Education Act, the value of an assessment of an entire parcel of real property that is occupied by more than one person to be assessed under section 17.1 shall be apportioned on the assessment roll among the occupants of the entire real property who are to be assessed in accordance with the regulations made under subsection (2). Regulations

(2) The Minister may make regulations governing the apportionment of the value of assessments for the purposes of subsection (1).

(13) Clause 35 (3) (b) of the Act is repealed and the following substituted:

(b) the amount credited to a body under clause (a) shall be paid to the body not later than the 31st day of December in the year in which it was levied;

(b.1) except where the body under clause (a) is a school board, the amount credited to a body under clause (a) shall be used by the body to reduce the levy in the next succeeding year;

(b.2) if the amount or any portion thereof credited to a body other than a school board is not paid over to the body on or before the 31st day of December in the year in which it was levied, the municipality so in default shall, if demanded by the body, pay interest thereon to the body at the rate of 6 per cent per annum or such higher rate as may from time to time be prescribed by the Lieutenant Governor in Council by regulation for the purpose of this clause from the date until payment is made;

(b.3) if the amount or any portion thereof credited to a school board is not paid over to the school board on or before the 31st day of December in the year in which it was levied, the municipality so in default shall, if demanded by the Minister of Finance, pay interest thereon to the board at the rate of 6 per cent per annum or such higher rate as may from time to time be prescribed by the Lieutenant Governor in Council by regulation for the purpose of this clause from the date until payment is made.

(14) Clause 35 (3) (d) of the Act is repealed.

(15) Clause 35 (3) (e) of the Act is repealed and the following substituted:

(e) the treasurer shall deliver to each of the bodies entitled to a credit under clause (a) and, where the body is a school board, to the Minister of Education and Training, on or before the 31st day of December in the year in which the taxes were levied, a statement sufficient to permit the correctness of the credit to be determined. CAPITAL INVESTMENT PLAN ACT, 1993

143. (1) The definition of "school board" in subsection 29 (1) of the Capital Investment Plan Act, 1993 is amended by striking out "The Ottawa-Carleton French-language School Board and The Metropolitan Toronto School Board".

(2) Subsections 33 (6) and (7) of the Act are repealed. CITY OF TORONTO ACT, 1997

144. Subsection 29 (1) of the City of Toronto Act, 1997 is repealed. DEVELOPMENT CHARGES ACT, 1997

145. (1) If Bill 98 of the 1st Session, 36th Legislature (Development Charges Act, 1997) receives Royal Assent on or before the day this section comes into force,

(a) section 30 of the Development Charges Act, 1997 is amended by striking out "and education development charges under the Education Development Charges Act" in the fourth, fifth and sixth lines; and

(b) subsection 31 (1) of the Development Charges Act, 1997 is amended, by striking out "and education development charges under the Education Development Charges Act" in the fourth, fifth and sixth lines.

(2) If Bill 98 does not receive Royal Assent on or before the day this section comes into force, clauses (a) and (b) apply upon Bill 98 receiving Royal Assent.

(3) In this section the references to sections of Bill 98 are references to the sections as numbered in the version of Bill 98 reprinted as amended by the Resources Development Committee. EDUCATION DEVELOPMENT CHARGES ACT

146. (1) If section 71 of Bill 98 of the 1st Session, 36th Legislature (Development Charges Act, 1997) comes into force on or before this section comes into force, the Education Development Charges Act (formerly the Development Charges Act, retitled by Bill 98) is repealed.

(2) If section 71 of Bill 98 does not come into force on or before this section comes into force, Part III of the Development Charges Act is repealed and, upon section 71 of Bill 98 coming into force, the Education Development Charges Act (formerly the Development Charges Act, retitled by Bill 98) is repealed.

(3) In this section the references to section 71 of Bill 98 are references to the section with that number in the version of Bill 98 reprinted as amended by the Resources Development Committee. EDUCATION QUALITY AND ACCOUNTABILITY OFFICE ACT, 1996

147. (1) The definition of "board" in section 1 of the Education Quality and Accountability Office Act, 1996 is amended by striking out "and includes the Metropolitan Toronto School Board".

(2) Subsection 4 (2) of the Act is repealed. EMPLOYMENT STANDARDS ACT

148. Clause (b) of the definition of "trade union" in section 1 of the Employment Standards Act is repealed and the following substituted:

(b) a designated bargaining agent as defined in section 277.1 of the Education Act. EXPROPRIATIONS ACT

149. Subsection 5 (2) of the Expropriations Act is repealed. LABOUR RELATIONS ACT, 1995

150. Clause 3 (f) of the Labour Relations Act, 1995 is repealed and the following substituted:

(f) to a member of a teachers' bargaining unit established by Part X.1 of the Education Act, except as provided by that Part, or to a supervisory officer, a principal or a vice-principal. y LOCAL GOVERNMENT DISCLOSURE OF INTEREST ACT, 1994

151. Clause 6 (1) (b) of the Local Government Disclosure of Interest Act, 1994 is repealed and the following substituted:

(b) a board as defined in subsection 1 (1) of the Education Act. LONDON-MIDDLESEX ACT, 1992

152. (1) Subsection 2 (3) of the London-Middlesex Act, 1992 is repealed.

(2) Subsection 5 (2) of the Act is repealed.

(3) Sections 54 and 55 of the Act are repealed. The METROPOLITAN SEPARATE SCHOOL BOARD ACT, 1953

153. The Metropolitan Separate School Board Act, 1953 is repealed. MUNICIPAL ACT

154. (1) Subsection 86 (1) of the Municipal Act, as amended by the Statutes of Ontario, 1991, chapter 15, section 3, is repealed and the following substituted: Appointment of auditors

(1) The council of every municipality shall by by-law appoint for a term of five years or less one or more auditors who are licensed under the Public Accountancy Act, and every person so appointed shall, in addition to his or her duties in respect of the corporation, audit the accounts and transactions of every local board as defined in the Municipal Affairs Act.

(2) Section 86 of the Act, as amended by the Statutes of Ontario, 1991, chapter 15, section 3 and 1993, chapter 27, Schedule, is further amended by adding the following subsection: Non-application to school boards

(8) This section does not apply in respect of a board within the meaning of subsection 1 (1) of the Education Act.

(3) Subsection 108 (1) of the Act is amended by striking out "subsection (2)" in the first line and substituting "subsections (2), (2.1) and (2.2)".

(4) Section 108 of the Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 42, is further amended by adding the following subsections: School board fiscal year

(2.1) The fiscal year of a board, as defined in subsection 1 (1) of the Education Act, is the year from September 1 to August 31. Exception

(2.2) Despite subsection (2.1), January 1, 1998 to August, 31, 1998 shall be deemed to be a fiscal year of a board as defined in subsection 1 (1) of the Education Act.

(5) Subsection 123 (5) of the Act is amended by striking out "the school board shall apply to the Municipal Board for its approval under section 65 of the Ontario Municipal Board Act and, if the Municipal Board approves," in the second to the sixth lines.

(6) Subsection 123 (5.1) of the Act, as enacted by the Statutes of Ontario 1993, chapter 23, section 68, is repealed.

(7) Subsection 123 (7) of the Act is amended by striking out "When the Municipal Board has authorized the borrowing of money and the issue of debentures by the municipality for the purposes of a school board, the" in the first through the fourth lines, and substituting "The".

(8) Subsection 123 (7.1) of the Act, as enacted by the Statutes of Ontario 1993, chapter 23, section 68, is repealed.

(9) The definition of "school board" in subsection 167.4 (1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 47, is repealed and the following substituted:

"school board" has the same meaning as "board" in subsection 1 (1) of the Education Act but does not include a board established under section 68 of that Act.

(10) The definition of "school board" in subsection 210.1 (1) of the Act, as enacted by the Statutes of Ontario 1993, chapter 26, section 48, is repealed and the following substituted:

"school board" has the same meaning as "board" in subsection 1 (1) of the Education Act but does not include a board established under section 68 of that Act.

(11) Subsection 210.1 (13) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 48, is repealed and the following substituted: Development charges exemption

(13) Despite Division E of Part IX of the Education Act, a resolution passed under subsection (12) may provide for a full or partial exemption for the facilities from the payment of education development charges imposed by the school board under that Division. MUNICIPAL CONFLICT OF INTEREST ACT

155. (1) The definition of "school board" in section 1 of the Municipal Conflict of Interest Act is repealed and the following substituted:

"school board" means a board as defined in subsection 1 (1) of the Education Act, and, where the context requires, includes an old board within the meaning of subsection 1 (1) of the Education Act.

(2) Section 10 of the Act is amended by adding the following subsections:

(4) A disqualification of a member of a school board under this section that would have continued after December 31, 1997 but for the dissolution of the school board continues for its duration with respect to membership on any board whose members are elected by members of the electoral group who elected the member.

(5) In subsection (4),

"electoral group" has the same meaning as in Part VIII of the Education Act as the Part read on January 1, 1997. MUNICIPAL ELECTIONS ACT, 1996

156. (1) The definitions of "electoral group", "public school elector" and "separate school elector" in section 1 of the Municipal Elections Act, 1996 are repealed.

(2) Clause 6 (4) (a) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 3, section 11, is repealed and the following substituted:

(a) the term of office of a member of an old board, as defined in subsection 1 (1) of the Education Act, continues until the board is dissolved by or under any Act or is merged or amalgamated with a district school board by or under any Act.

(3) Subsection 37 (3) of the Act is amended by striking out "among the members representing an electoral group" in the second and third lines.

(4) Paragraph 1 of subsection 37 (3) of the Act is amended by striking out "for the electoral group" in the third line and substituting "on the board".

(5) Paragraph 2 of subsection 37 (3) of the Act is amended by striking out "for the electoral group" in the third line and substituting "on the board". MUNICIPAL AND SCHOOL BOARD PAYMENTS ADJUSTMENT ACT

157. The Municipal and School Board Payments Adjustment Act is repealed. MUNICIPAL EXTRA-TERRITORIAL TAX ACT

158. Subsection 9 (1) of the Municipal Extra-Territorial Tax Act is amended by adding "area" after "school". MUNICIPALITY OF METROPOLITAN TORONTO ACT

159. Part VIII of the Municipality of Metropolitan Toronto Act is repealed. ONTARIO COLLEGE OF TEACHERS ACT, 1996

160. The definition of "school board" in section 1 of the Ontario College of Teachers Act, 1996 is amended by striking out "and includes The Metropolitan Toronto School Board". ONTARIO MUNICIPAL BOARD ACT

161. (1) Clause 65 (2) (b) of the Ontario Municipal Board Act, as re-enacted by the Statutes of Ontario, 1996, chapter 32, section 81, is repealed.

(2) Clause 65 (2) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 32, section 81, is amended by striking out "not mentioned in clause (b)" in the first and second lines and substituting "other than a board as defined in subsection 1 (1) of the Education Act,".

(3) Clauses 65 (3) (e) and (f) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 32, section 81, are repealed.

(4) The definition of "school board" in subsection 65 (5) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 32, section 81, is repealed. OTTAWA-CARLETON FRENCH-LANGUAGE SCHOOL BOARD TRANSFERRED EMPLOYEES ACT

162. (1) Subsection 67 (1) of the Ottawa-Carleton French-language School Board Transferred Employees Act, as amended by the Statutes of Ontario 1994, chapter 1, section 24, is further amended by striking out "French-language school board established in the Region under subsection 11 (13) of the Education Act" and substituting "French-language district school board established under Part II.2 of the Education Act to exercise jurisdiction in the Region".

(2) Subsection 67 (4) of the Act, as enacted by the Statutes of Ontario 1994, chapter 1, section 24, is repealed and the following substituted: Same

(4) For the purposes of subsection (3), service with the Ottawa-Carleton French-language School Board and with a French-language school board established in the Region under subsection 11 (13) of the Education Act as it existed before section 7 of the Education Quality Improvement Act, 1997 came into force, shall be deemed to be service with a French-language district school board mentioned in subsection (1).

(3) Subsections 68 (1) and (2) of the Act, as amended by the Statutes of Ontario 1994, chapter 1, section 24, are repealed and the following substituted: Dispute resolution

(1) A dispute in respect of any matter arising under this Part in the employment relationship between an employee and a French-language district school board established under Part II.2 of the Education Act to exercise jurisdiction in the Region or an English-language district school board established under Part II.2 of the Education Act to exercise jurisdiction in the Region may be resolved by a grievance arbitration in accordance with this section. Parties

(2) The parties to the grievance arbitration are the relevant French-language district school board or the relevant English-language district school board as the case requires, and the person, or, if the person is employed under a collective agreement, the organization that represents the person under the collective agreement.

(4) Subsection 68 (3) of the Act is amended by adding ", as those provisions existed immediately before the Education Quality Improvement Act, 1997 received Royal Assent" after "the Education Act". PLANNING ACT

163. Section 51 of the Planning Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30 and amended by 1996, chapter 4, section 28, is further amended by adding the following subsection: Same

(25.1) The approval authority shall impose as a condition to the approval of a plan of subdivision that land that is planned as a school site for any school board that has jurisdiction in the area in which the land is situated be offered to the school board at a price that does not exceed the value of the land determined as of the day before the day of the approval of the draft plan of subdivision. POWER CORPORATION ACT

164. Subsection 52 (11) of the Power Corporation Act is repealed. PROVINCIAL LAND TAX ACT

165. The Provincial Land Tax Act is amended by adding the following section: Provincial taxes on unorganized territory

21.1 (1) The following shall levy tax rates for provincial purposes on the property indicated:

1. Every English-language public district school board whose jurisdiction includes territory without municipal organization, on the residential property in that territory, rateable for school purposes.

2. Every district school area board whose jurisdiction includes territory without municipal organization, on the residential property in that territory rateable for school purposes.

b Interpretation

(2) Subject to subsection (5) and except as otherwise provided under this or any other Act, property is rateable for school purposes if it is liable to assessment and taxation under the Assessment Act. y Tax payable

(3) Despite section 3, the owner of the land taxed under subsection (1) shall pay the tax to Her Majesty in right of Ontario, at rates determined in the manner prescribed by the Minister. Regulations

(4) The Minister may make regulations governing the manner of determining rates for the purposes of subsection (3). Exemptions

(5) Subsections 257.6 (2) and (3) of the Education Act apply with necessary modifications in respect of taxation under this section. Amounts to be paid to the Province

(6) A board that is required to levy tax rates under this section shall pay to the Minister an amount equal to the amounts levied, whether or not they are actually collected, at such times and in such manner as the Minister may direct. Application of Education Act

(7) Sections 257 and 257.10 of the Education Act apply with necessary modifications in respect of boards required to levy tax rates under this section. No other tax affected

(8) The taxes under this section are in addition to any other taxes under this Act. Cap on taxes

(9) The total of the amounts levied under this section in a locality added to the total of the amounts levied under Division B of Part IX of the Education Act in the locality shall not exceed the taxes raised for school purposes on the assessment for residential property in the locality in 1997.

"Residential property"

(10) In this section,

"residential property" means residential property as defined in section 257.5 of the Education Act. PROVINCIAL SCHOOLS NEGOTIATIONS ACT

166. (1) The definition of "Commission" in section 1 of the Provincial Schools Negotiations Act is repealed.

(1.1) The definition of "principal" in section 1 of the Act is repealed and the following substituted:

"principal" means a person employed in a school,

(a) who is appointed to be in charge of the school, and

(b) who is a member of the Ontario College of Teachers or whose appointment is authorized by the Minister of Education and Training. ("directeur d'cole") y

(2) The definition of "teacher" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 12, section 65, is repealed and the following substituted:

"teacher" means a person employed in a school as a teacher, but not as a supervisory officer, a principal, a vice-principal or an occasional teacher, and,

(a) who is a member of the Ontario College of Teachers, or

(b) whose appointment as a teacher is authorized by the Minister of Education and Training. ("enseignant")

(3) The definition of "written collective understanding" in section 1 of the Act is repealed.

(4) Section 3 of the Act is repealed and the following substituted:

b Authority as employer

3. (1) The Authority employs the teachers and principals and vice-principals and none of them is a Crown employee. y Transition

(2) The following credits and benefits stand to the credit of a teacher under the Authority's retirement gratuity that is based upon sick leave credit:

1. The teacher's sick leave credits under a contract of employment that vested in the Authority on July 18, 1975.

2. The teacher's benefits under a contract of employment that vested in the Authority on July 18, 1975 respecting termination of employment.

b Principals, vice-principals

(3) A principal or a vice-principal may perform the duties of a teacher despite any provision of a collective agreement. Transition

(4) Sections 277.11 (election by principal, vice-principal) and 287.2 (employment terms) of the Education Act apply with necessary modifications with respect to principals and vice-principals who are employed as such by the Authority on both December 31, 1997 and January 1, 1998. Repeal

(5) Subsection (4) is repealed on September 1, 1998. y

(5) Subsection 4 (1) of the Act is amended by striking out "of a board" in the fifth line and substituting "of a public board".

(6) Subsection 4 (2) of the Act is amended by striking out "in accordance with the contracts of employment of such teachers" at the end and substituting "in accordance with the collective agreements that apply with respect to the teachers".

(7) Subsection 4 (3) of the Act is repealed.

(8) Subsection 4 (5) of the Act is repealed.

(9) Sections 5 and 6 of the Act are repealed and the following substituted: Application of the Labour Relations Act, 1995

5. (1) On and after January 1, 1998, the Labour Relations Act, 1995 applies with respect to collective bargaining between the Authority and the teachers that it employs. Teachers' bargaining unit

(2) A bargaining unit is established and is composed of the teachers employed by the Authority. Same

(3) The teachers' bargaining unit shall be deemed to be an appropriate bargaining unit. Bargaining agent

(4) The bargaining agent for the teachers' bargaining unit is the employee organization that, on December 31, 1997, represents the teachers for the purposes of this Act. Same

(5) The bargaining agent shall be deemed to be certified as the bargaining agent for the teachers' bargaining unit and shall be deemed to be a trade union for the purposes of the Labour Relations Act, 1995. Same

(6) No trade union is entitled to apply for certification as the bargaining agent for the teachers' bargaining unit. Same

(7) No person is entitled to apply for a declaration that the bargaining agent no longer represents the members of the teachers' bargaining unit.

' Closing of schools

(10) In case of a strike against the Authority or a lockout by the Authority and subject to subsection (11), the Authority 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

(11) Before closing a school or locking out members of a bargaining unit at a school, the Authority shall obtain the written approval of the minister responsible for the ministry that operates the school. Status of collective bargaining on January 1, 1998

6. (1) During the period beginning on January 1, 1998 and ending when the Authority and the bargaining agent enter into their first collective agreement after that date, neither party may make an application under subsection 43 (1) of the Labour Relations Act, 1995 (first agreement arbitration). Collective agreement

(2) An agreement between the Authority and the employee organization representing the teachers that is in force on January 1, 1998 constitutes a collective agreement for the purposes of the Labour Relations Act, 1995. No collective agreement

(3) If, on January 1, 1998, there is no collective agreement in force with respect to the teachers' bargaining unit, the terms and conditions of employment of the teachers in the bargaining unit are those established under the most recent applicable agreement. Same

(4) If, on January 1, 1998, there is no collective agreement in force with respect to the teachers' bargaining unit,

(a) the most recent collective agreement between the Authority and the employee organization that represented the teachers in the bargaining unit shall be deemed to be an expired collective agreement; and

(b) the Authority and the bargaining agent shall be deemed to have received a notice under clause 21 (b) of the Labour Relations Act, 1995 on December 17, 1997 that the Minister of Labour does not consider it advisable to appoint a conciliation board.

b Regulations

7. (1) The Lieutenant Governor in Council may make regulations governing terms and conditions of employment for principals and for vice-principals. Same

(2) A regulation may establish different requirements for different classes of principal or vice-principal. y PUBLIC SECTOR LABOUR RELATIONS TRANSITION ACT, 1997

167. (1) Subsection 7 (3) of the Public Sector Labour Relations Transition Act, 1997 is repealed and the following substituted: Limitation on application

(3) This Act does not apply in respect of members of a teachers' bargaining unit established by Part X.1 of the Education Act.

(2) Subsection 7 (5) of the Act is repealed and the following substituted: Interpretation

(5) The terms relating to education that are used in this section have the same meaning as in the Education Act. y PUBLIC SECTOR SALARY DISCLOSURE ACT, 1996

168. Clause (d) of the definition of "public sector" in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996 is amended by striking out "and the Metropolitan Toronto School Board". REGIONAL MUNICIPALITY OF DURHAM ACT

169. Sections 38 to 40 of the Regional Municipality of Durham Act, as amended by the Statutes of Ontario, 1993, chapter 3, section 2, are repealed. REGIONAL MUNICIPALITY OF HALDIMAND-NORFOLK ACT

170. Section 8 of the Regional Municipality of Haldimand-Norfolk Act is repealed. REGIONAL MUNICIPALITY OF HALTON ACT

171. Section 38 of The Regional Municipality of Halton Act is repealed. REGIONAL MUNICIPALITY OF HAMILTON-WENTWORTH ACT

172. (1) Subsection 42 (5) of the Regional Municipality of Hamilton-Wentworth Act is amended by striking out "board of education" in the second line and substituting "district school board within the meaning of the Education Act".

(2) Section 55 of the Act is repealed. REGIONAL MUNICIPALITY OF OTTAWA-CARLETON ACT

173. (1) Subsection 11 (4) of the Regional Municipality of Ottawa-Carleton Act is amended by striking out "separate school board, board of education" in the sixth and seventh lines and substituting "district school board within the meaning of the Education Act".

(2) Subsection 12 (1) of the Act is amended by striking out "separate school board, board of education" in the sixth line and substituting "district school board within the meaning of the Education Act".

(3) Part VI of the Act is repealed.

(4) Part VI.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 1, section 6, is repealed. REGIONAL MUNICIPALITY OF PEEL ACT

174. Section 36 of the Regional Municipality of Peel Act is repealed. REGIONAL MUNICIPALITY OF WATERLOO ACT

175. Section 44 of the Regional Municipality of Waterloo Act is repealed. REGISTRY ACT

176. Subsection 47 (11) of the Registry Act, as amended by the Statutes of Ontario 1994, chapter 27, section 43, is further amended by striking out "trustee of a school board" in the eighth and ninth lines and substituting "member of a school board". SCHOOL BOARDS AND TEACHERS COLLECTIVE NEGOTIATIONS ACT

177. The School Boards and Teachers Collective Negotiations Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule Q, section 5 and 1996, chapter 12, section 66, is repealed. SECURITIES ACT

178. Paragraph 1 of subsection 35 (2) of the Securities Act, as amended by the Statutes of Ontario, 1994, chapter 11, section 364, is further amended by adding the following clause:

(b.1) of any school board in Ontario or of a corporation established under subsection 248 (1) of the Education Act. y TEACHING PROFESSION ACT

179. (1) The definition of "board of trustees" in section 1 of the Teaching Profession Act is repealed.

(2) The definition of "teacher" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 12, section 67, is repealed and the following substituted:

"teacher" means a person who is a member of the Ontario College of Teachers and is employed by a board as a teacher but does not include a supervisory officer, a principal, a vice-principal or an instructor in a teacher-training institution. ("enseignant") y

(4) Section 11 of the Act is repealed.

(5) Clause 12 (b) of the Act is repealed.

(6) The Act is amended by adding the following section: Restriction re by-laws

13. (1) A by-law governing the membership of teachers in an affiliated body of the Federation shall not authorize a teacher to be a member of an affiliated body that is not his or her designated bargaining agent, if any, under Part X.1 of the Education Act. Changes to regulations, by-laws

(2) The Minister may request the Board of Governors to make, amend or revoke a regulation or by-law if the Minister considers it appropriate to do so. Same

(3) If the Board of Governors fails to comply with the Minister's request within 60 days after receiving it, the Lieutenant Governor in Council may, by regulation, make, amend or revoke the regulation or by-law.

PART III

COMMENCEMENT AND SHORT TITLE Commencement

180. (1) Subject to subsection (2), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

b Same

(2) Sections 141 and 141.1 of this Act come into force on the day this Act receives Royal Assent. y Short title

181. The short title of this Act is the Education Quality Improvement Act, 1997.