EDUCATION QUALITY AND ACCOUNTABILITY OFFICE ACT, 1995
EXPLANATORY NOTE
The Bill establishes the Education Quality and Accountability Office. The objects of the Office are set out in section 3 of the Bill and include evaluating the effectiveness of elementary and secondary school education and assessing the academic achievement of elementary and secondary school pupils.
Section 4 of the Bill provides that the Office may require the co-operation of school boards. Section 5 of the Bill permits the Office to enter into agreements with private schools about administering tests to pupils in those schools.
Section 6 of the Bill permits the Minister of Education and Training to issue directives and establish policies on matters relating to the objects of the Office.
Sections 7 to 28 of the Bill provide for the administration, operation and accountability of the Office.
Section 29 of the Bill makes amendments to the Education Act relating to the assessment of academic achievement.
Bill 301995
An Act to establish the Education
Quality and Accountability Office and to
amend the Education Act with respect to the
Assessment of Academic Achievement
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"board" has the same meaning as in section 1 of the Education Act and includes The Metropolitan Toronto School Board; ("conseil")
"Office" means the Education Quality and Accountability Office;
("Office")
"test" means any method of assessing the academic achievement of elementary and secondary school pupils. ("test")
Education Quality and Accountability Office established
2. A corporation without share capital known in English as the Education Quality and Accountability Office and in French as Office de la qualité et de la responsabilité en éducation is established.
Objects
3. The Office has the following objects:
1. To evaluate the quality and effectiveness of elementary and secondary school education.
2. To develop tests and require or undertake the administering and marking of tests of pupils in elementary and secondary schools.
3. To develop systems for evaluating the quality and effectiveness of elementary and secondary school education.
4. To research and collect information on assessing academic achievement.
5. To evaluate the public accountability of boards and to collect information on strategies for improving that accountability.
6. To report to the public and to the Minister of Education and Training on the results of tests and generally on the quality and effectiveness of elementary and secondary school education and on the public accountability of boards.
7. To make recommendations, in its reports to the public and to the Minister of Education and Training, on any matter related to the quality or effectiveness of elementary and secondary school education or to the public accountability of boards.
Office may require co-operation of boards
4. (1) Without limiting the powers or capacities of the Office, for the purpose of carrying out its objects, the Office may,
(a) require a board to administer tests to pupils enrolled in schools of the board, mark the tests and report on the results of the tests to the Office and to the general public within the jurisdiction of the board; and
(b) require a board to provide information to the Office, including 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.
Minority language section
(2) For the purposes of clause 4 (1) (a), where a board has a French-language section or English-language section, the section, with respect to the pupils in schools or classes governed by the section,
(a) has the responsibilities of a board relating to administering and marking tests; and
(b) shall submit the results of tests to the board for reporting to the Office and the general public within the jurisdiction of the board.
Directives: when a pupil need not take a test
(3) The Office may issue directives regarding the circumstances in which a pupil need not take a test under this section.
Non-application of Regulations Act
(4) A directive issued under subsection (3) is not a regulation within the meaning of the Regulations Act.
Compliance of boards
(5) A board shall do anything that it is required or directed to do under this section, within the time and in the manner and form specified by the Office.
Compliance of pupils
(6) A pupil shall take any test administered to him or her in accordance with this section.
Agreements with private schools
5. (1) The Office and a person operating a private school, as defined in section 1 of the Education Act, may enter into agreements about administering tests to pupils enrolled in the school, marking the tests and reporting the results of the tests.
Fees
(2) Without limiting the generality of subsection (1), an agreement may provide for the charging of fees by the Office to the private school.
Minister of Education and Training: directives and policies
6. (1) The Minister of Education and Training may issue written directives and establish policies on matters relating to the objects of the Office.
Same
(2) The board of directors of the Office shall ensure that the Office operates in accordance with the directives and policies issued or established under subsection (1).
Non-application of Regulations Act
(3) A directive issued under subsection (1) is not a regulation within the meaning of the Regulations Act.
Crown Agency
7. The Office is a Crown agency as defined in the Crown Agency Act.
Delegation of powers of Minister of Education and Training
8. (1) Any power or duty conferred or imposed on the Minister of Education and Training under any Act may be delegated by him or her to the board of directors of the Office, as he or she considers necessary or advisable for the carrying out of the Office's objects.
Delegation subject to conditions
(2) A delegation under subsection (1) shall be in writing and is subject to any conditions or restrictions set out in it.
Capacity and powers
9. (1) For the purposes of carrying out its objects, the Office has all the capacity and powers of a natural person, except as limited by this Act.
Real property
(2) The Office may not acquire, hold or dispose of an interest in real property, other than a leasehold interest, without first obtaining the approval of the Lieutenant Governor in Council.
Borrowing
(3) The Office may, if it first obtains the approval of the Lieutenant Governor in Council, borrow money or give security against its property, subject to any conditions imposed by the Minister of Finance.
Guarantee
(4) The Lieutenant Governor in Council may by order authorize the Minister of Finance, on behalf of Ontario, to agree to guarantee the repayment of loans made to the Office, including interest.
Same
(5) A guarantee given under subsection (4) is subject to any conditions that the Minister of Finance imposes.
Collection of personal information
(6) The Office may collect 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 for the purpose of carrying out its objects.
Non-application of certain Acts
10. The Corporations Act and Corporations Information Act do not apply to the Office, except as specifically made applicable by this Act or the regulations made under this Act.
Board of directors
11. (1) The Office shall be managed by its board of directors, which shall be composed of a minimum of seven and a maximum of nine directors appointed by the Lieutenant Governor in Council.
Term
(2) The directors shall be appointed for such terms as may be determined by the Lieutenant Governor in Council and may be reappointed for further terms.
Remuneration
(3) The directors shall receive such remuneration and expenses as may be determined by the Lieutenant Governor in Council.
Vacancies
(4) If the position of a director becomes vacant, the Lieutenant Governor in Council may appoint a person to hold office for the unexpired portion of the term or for a new term.
Temporary vacancies
(5) If the position of a director becomes temporarily vacant because of a leave of absence, the Lieutenant Governor in Council may appoint a person to hold office as acting director during the leave.
Chair
12. (1) One director shall be designated by the Lieutenant Governor in Council to act as the chair of the board of directors.
Acting chair
(2) If the chair is absent or unable to act, the directors shall appoint from among themselves an acting chair.
Meetings
13. (1) The directors shall meet at the call of the chair and, in any event, at least four times a year.
Quorum
(2) A majority of the directors shall constitute a quorum.
By-laws
14. The board of directors may pass by-laws regulating its proceedings, specifying the powers and duties of the officers and employees of the Office and generally providing for the management of the Office.
Conflict of interest and indemnification
15. Sections 132 and 136 of the Business Corporations Act apply with necessary modifications to the Office and to its directors and officers.
Chief Executive Officer
16. (1) The Lieutenant Governor in Council shall appoint a chief executive officer, after consulting with the directors.
Powers and duties
(2) The chief executive officer is responsible for the operation of the Office, the implementation of policies established by the board of directors and the performance of such other functions as are assigned by the board of directors.
Delegation
(3) The board of directors may delegate any of its powers or duties, including any power or duty delegated to it by the Minister of Education and Training, to the chief executiveofficer, and may impose conditions and restrictions on the delegation.
Same
(4) The chief executive officer may, in writing, delegate to another employee of the Office any of the chief executive officer's powers or duties, including any that have been delegated to him or her by the board of directors, and may impose conditions and restrictions on the delegation.
Employees
17. (1) The employees who are considered necessary for the proper conduct of the affairs of the Office may be appointed or transferred under the Public Service Act.
Same
(2) The chief executive officer of the Office has the powers and duties of a deputy minister under the Public Service Act, and may exercise the power described in section 8 of that Act.
Same
(3) Despite subsection (2), the board of directors may assign some or all of the powers and duties described or referred to in subsection (2) to another employee of the Office where the chief executive officer is seconded to the Office and not appointed or transferred under the Public Service Act.
Professional and other assistance
(4) The Office may engage persons other than those employed under subsection (1) to provide professional, technical or other assistance to or on behalf of the Office and may prescribe the terms of engagement and provide for payment of remuneration and expenses of such persons.
Appropriation
18. Money required for the purpose of the Office before April 1, 1996 may be paid out of the Consolidated Revenue Fund and thereafter may be paid out of the money appropriated for that purpose by the Legislature.
Fees
19. (1) Subject to the approval of Management Board of Cabinet, the Office may set fees for any class of goods or services provided by it to any class of persons.
Same
(2) Despite subsection (1), the approval of Management Board of Cabinet is not required in relation to fees referred to in subsection 5 (2).
Revenues and investments
20. (1) Despite the Financial Administration Act, the revenues and investments of the Office do not form part of the Consolidated Revenue Fund.
Payments to Consolidated Revenue Fund
(2) When ordered to do so by the Minister of Finance, the Office shall pay into the Consolidated Revenue Fund any money that the Minister of Finance determines is surplus to its requirements.
Reserves
(3) In determining the amount payable under subsection (2), the Minister of Finance shall allow such reserves for the future needs of the Office as he or she considers appropriate, and shall ensure that the payment ordered under subsection (2) will not impair the Office's ability to pay its liabilities, to meet its obligations as they become due or to fulfil its contractual commitments.
Temporary investments
21. The Office may invest money that is temporarily surplus to its requirements in,
(a) notes, bonds, debentures and other evidences of indebtedness issued or guaranteed as to principal and interest by Canada, a province of Canada, an agency of the Government of Canada, an agency of the government of a province of Canada, a bank listed in Schedule I or II to the Bank Act (Canada) or another financial institution authorized to carry on business in Canada; and
(b) deposit receipts, deposit notes, certificates of deposit, acceptances and other investment instruments issued, guaranteed or endorsed by a financial institution authorized to carry on business in Canada.
Fiscal year
22. The Office's fiscal year begins on the 1st day of April in each year and ends on the 31st day of March in the following year.
Annual budget
23. (1) The board of directors shall submit to the Minister of Education and Training for his or her review and approval, annually, on or before a date specified by the Minister, the Office's proposed budget for the next fiscal year.
Same
(2) The Minister of Education and Training may require the board of directors to make any changes to the proposed budget that he or she considers appropriate.
Annual plan of operation
24. (1) The board of directors shall submit to the Minister of Education and Training for his or her review and approval, annually, on or before a date specified by the Minister, a plan for the Office's next year's operations.
Multi-year plan
(2) The Minister of Education and Training may require the board of directors to submit to him or her for review and approval a plan for the Office's future operations projected over several years as specified by the Minister.
Changes required by Minister of Education and Training
(3) The Minister of Education and Training may require the board of directors to make any changes to a plan submitted under this section that he or she considers appropriate.
Accounting
25. (1) The board of directors shall establish and maintain an accounting system satisfactory to the Minister of Education and Training.
Auditors
(2) The board of directors shall appoint one or more auditors licensed under the Public Accountancy Act to audit the Office's accounts and financial transactions annually.
Disclosure to Provincial Auditor
(3) The board of directors shall make available to the Provincial Auditor, on his or her request, the auditor's report and all accounts, records and other documents relating to the audit.
Audit required by Minister of Education and Training
(4) The Minister of Education and Training may require that any aspect of the Office's accounts or financial transactions be audited by an auditor appointed by the Minister for the purpose.
Same
(5) The auditor shall submit the results of any audit performed under subsection (4) to the Minister of Education and Training and to the board of directors.
Annual report
26. (1) After the end of the Office's fiscal year, the board of directors shall make an annual report to the Minister of Education and Training on the affairs of the Office.
Same
(2) The annual report shall contain any information the Minister of Education and Training requires.
Tabling
(3) The Minister of Education and Training shall submit the annual report to the Lieutenant Governor in Council and shall then table the report in the Assembly if it is in session or, if not, at the next session.
Other reports
(4) The Minister of Education and Training may require the board of directors to submit other reports on the Office's affairs, objects, powers or duties.
Same
(5) In addition to reports required under this section, the board of directors may report to the Minister of Education and Training at any time.
Regulations
27. (1) The Lieutenant Governor in Council may make regulations,
(a) governing the decision-making procedures followed at directors' meetings;
(b) prescribing objects of the Office in addition to those set out in section 3;
(c) making any provision of the Business Corporations Act, the Corporations Act and the Corporations Information Act applicable to the Office, with such modifications as the Lieutenant Governor in Council considers necessary or advisable;
(d) authorizing 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 to be collected by the Office in a manner other than directly from the individual to whom the information relates and regulating the manner in which the information is collected;
(e) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
Consultation
(2) Before a regulation is made under subsection (1), the Minister of Education and Training shall consult with the Office about it.
Protection from personal liability
28. (1) No proceeding for damages shall be instituted against a director, officer or employee of the Office for an act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of any duty or authority under this Act.
Crown not relieved of liability
(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.
29. (1) Subsection 8 (1) of the Education Act, as amended by the Statutes of Ontario, 1991, chapter 10, section 1, 1992, chapter 16, section 2, 1992, chapter 27, section 59 and 1993, chapter 11, section 10, is further amended by adding the following paragraphs:
tests
3.2 assess the academic achievement of pupils attending schools under the jurisdiction of a board and, for the purpose, the Minister may,
(a) provide for the administering and marking of tests of academic achievement,
(b) require a board to administer tests of academic achievement to its pupils and mark the tests, within the time and in the manner and form specified by the Minister, and
(c) require a board to report on the results of the tests to the Minister and to the general public within the board's jurisdiction, within the time and in the manner and form specified by the Minister;
policies, guidelines: assessment of academic achievement
3.3 establish policies and guidelines for the assessment of the academic achievement of pupils attending schools under the jurisdiction of a board and require boards to comply with the policies and guidelines.
(2) Section 16 of the Act is amended by adding the following subsections:
Agreements re tests
(8.1) The Minister and a person operating a private school may enter into agreements about administering tests to pupils enrolled in the school, marking the tests and reporting the results of the tests.
Same
(8.2) Without limiting the generality of subsection (8.1), an agreement may provide for the charging of fees by the Minister to the private school.
(3) Subsection 170 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, is further amended by adding the following paragraph:
same
19. do anything that a board is required to do under the Education Quality and Accountability Office Act, 1995.
Commencement
30. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
31. The short title of this Act is the Education Quality and Accountability Office Act, 1995.