[37] Bill 110 Royal Assent (PDF)
Bill 110 2001
An Act to promote
quality in the classroom
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
1. The Education Act is amended by adding the following section:
Qualifying test for teachers
10.1 (1) No certificate of qualification and registration may be issued to a person under the Ontario College of Teachers Act, 1996 unless the person has passed a qualifying test approved and administered by the Minister.
Same
(2) The requirement that a person pass the qualifying test before being issued a certificate of qualification and registration is in addition to requirements under the Ontario College of Teachers Act, 1996.
Same
(3) The power to administer the test includes the power to establish rules related to marking the test.
Subdelegation
(4) The Minister may delegate in writing the power to approve the test, administer the test, or both, to such persons or bodies as the Minister considers appropriate, subject to such conditions and restrictions on the exercise of power by the delegate as the Minister specifies.
Transition
(5) The Minister may by order specify a period during which the requirement that a person pass a qualifying test under subsection (1) is satisfied by the person taking the test, whether or not he or she passes the test.
Same
(6) Where the Minister makes an order under subsection (5), the Minister shall provide a written copy of the order to the Ontario College of Teachers and shall also take such steps as the Minister considers appropriate to bring the order to the attention of affected persons.
Regulations
(7) The Lieutenant Governor in Council may make regulations,
(a) providing for exemptions in relation to classes of persons from the requirement of subsection (1), subject to any conditions and restrictions specified in the regulation;
(b) providing for exemptions in relation to classes of certificates of qualification and registration from the requirement of subsection (1), subject to any conditions and restrictions specified in the regulation;
(c) providing for accommodations to address the needs of classes of persons taking the test;
(d) providing that the test be composed of components and providing for circumstances in which specified components may be omitted by classes of persons taking the test;
(e) providing for the development, approval and administration of alternate qualifying tests for classes of persons and providing that taking or passing the alternate test has the same effect in law as taking or passing the standard qualifying test;
(f) providing for the number of times a person may retake a test under this section and providing for intervals between successive retakes;
(g) subject to subsection (8), respecting aggregate reports, including but not limited to regulations respecting,
(i) the content and format of the reports,
(ii) the preparation of the reports,
(iii) the distribution and publication of the reports.
Same
(8) An aggregate report shall not include any information relating to the identity of any individual.
Subdelegation
(9) In a regulation under subsection (7), the Lieutenant Governor in Council may,
(a) set out a framework or criteria for one or more of,
(i) exemptions under clause (7) (a),
(ii) exemptions under clause (7) (b),
(iii) accommodations under clause (7) (c), and
(iv) the matters referred to in clause (7) (d);
(b) delegate to such persons or bodies as are specified in the regulation the authority to make rules consistent with the framework or criteria;
(c) specify the extent to which a rule under clause (b) may be general or specific;
(d) specify conditions and restrictions respecting the making of rules under clause (b).
Reporting of specific test results
(10) The administrator of the test shall provide each individual who takes the test with the individual's test results, including the grade given, if any.
Same
(11) With respect to each individual who takes the test, the administrator of the test shall inform the Ontario College of Teachers as to whether the individual passed or failed the test.
Non-application of Regulations Act
(12) An act of the Minister under this section is not a regulation within the meaning of the Regulations Act.
Same
(13) An act of a delegate under this section is not a regulation within the meaning of the Regulations Act.
2. (1) Subsection 11 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 11, 1996, chapter 12, section 64 and 1997, chapter 31, section 7, is further amended by adding the following paragraph:
teachers' learning plans
25. respecting learning plans for teachers and temporary teachers, or classes of teachers and temporary teachers, including regulations requiring a board to ensure that learning plans are developed for the teachers and temporary teachers employed by it, requiring a board to ensure that each learning plan is reviewed on a periodic basis set out in the regulation, and requiring a board to use forms approved by the Minister for any purpose associated with this paragraph;
(2) Clause 11 (4) (a) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 31, section 7, is repealed.
(3) Section 11 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 11, 1993, chapter 41, section 1, 1996, chapter 12, section 64, 1997, chapter 3, section 3 and 1997, chapter 31, section 7, is further amended by adding the following subsection:
General or specific
(10) A regulation under this section may be general or specific.
3. Paragraph 3 of subsection 171 (1) of the Act is amended,
(a) by striking out "subject to Part XI" at the beginning and substituting "except as otherwise provided under this Act"; and
(b) by striking out "subject to Part X".
4. The Act is amended by adding the following Part:
PART X.2
TEACHER PERFORMANCE
APPRAISAL
Miscellaneous
Purpose of Part
277.14 The purpose of this Part is,
(a) to ensure that pupils receive the benefit of an education system staffed by teachers who are performing their duties satisfactorily;
(b) to provide for fair, effective and consistent teacher evaluation in every school; and
(c) to promote professional growth.
Interpretation
277.15 (1) In this Part,
"designated bargaining agent" has the same meaning as in Part X.1; ("agent négociateur désigné")
"parent" includes a person who has lawful custody of a child; ("parents")
"teacher" means,
(a) a member of a teachers' bargaining unit, and
(b) a temporary teacher,
but does not include an occasional teacher, a continuing education teacher, a supervisory officer, a principal, a vice-principal or an instructor in a teacher-training institution; ("enseignant")
"teachers' bargaining unit" has the same meaning as in Part X.1; ("unité de négociation d'enseignants")
"year" means a period of time beginning on September 1 and ending on August 31 of the following calendar year. ("an", "année")
References to teachers' bargaining units
(2) For greater certainty,
(a) a reference in this Part to a teachers' bargaining unit composed of elementary school teachers is a reference to a bargaining unit composed of elementary school teachers other than occasional teachers; and
(b) a reference in this Part to a teachers' bargaining unit composed of secondary school teachers is a reference to a bargaining unit composed of secondary school teachers other than occasional teachers.
Elementary and secondary teachers
(3) For greater certainty, in this Part,
(a) a teacher is an elementary school teacher if he or she is,
(i) a member of a teachers' bargaining unit composed of elementary school teachers, or
(ii) a temporary teacher who is assigned to one or more elementary schools or to perform duties in respect of such schools all or most of the time; and
(b) a teacher is a secondary school teacher if he or she is,
(i) a member of a teachers' bargaining unit composed of secondary school teachers, or
(ii) a temporary teacher who is assigned to one or more secondary schools or to perform duties in respect of such schools all or most of the time.
References to supervisory officer
(4) A reference in this Part to a supervisory officer is a reference to a supervisory officer who qualified as such as a teacher.
Interpretation of Part
(5) Nothing in this Part, or any regulation, guideline, policy or rule under it, shall be interpreted to limit rights otherwise available to a board relating to discipline of any teacher employed by the board, including but not limited to rights relating to reassignment of duties, suspension or termination of the employment of the teacher, whether or not a performance appraisal process relating to the teacher is being conducted under this Part.
Transition
(6) Nothing in this Part, or any regulation, guideline, policy or rule under it, shall be interpreted to limit a board's ability to complete a performance appraisal of a teacher begun before this Part begins to apply to that board and that teacher, or to follow any process or take any action relating to that performance appraisal that the board might have followed or taken but for this Part.
Application to certain schools
277.16 (1) This Part does not apply to schools established or continued under section 13 or to schools operated by a ministry under the Provincial Schools Negotiations Act except in accordance with regulations made under this section.
Same
(2) The Lieutenant Governor in Council may make regulations providing for the application of this Part, and the regulations, guidelines, rules and policies under it, to schools or classes of schools referred to in subsection (1), with such modifications as the Lieutenant Governor in Council considers advisable.
Delegation of principal's duties, powers
277.17 (1) A duty or power of a principal under this Part may be delegated by the principal assigned to a school to a vice-principal assigned to the same school.
Supervisory officer acting for principal
(2) A duty or power of a principal under this Part shall be performed or exercised by the appropriate supervisory officer where,
(a) the principal and the supervisory officer agree that the supervisory officer shall perform the duty or exercise the power; or
(b) the supervisory officer is of the opinion that the principal is unable to perform the duty or exercise the power in a timely way because of absence or for some other reason.
Delegation of supervisory officer's duties, powers
277.18 (1) A duty or power of a supervisory officer under this Part, including a duty or power under section 277.17, may be performed or exercised by another supervisory officer employed by the same board where,
(a) the supervisory officers so agree; or
(b) the supervisory officer who would ordinarily perform the duty or exercise the power is unable to do so in a timely way because of absence or for some other reason.
Same
(2) A determination under clause (1) (b) respecting when a supervisory officer is unable to perform a duty or exercise a power in a timely way and respecting which other supervisory officer shall perform the duty or exercise the power shall be made in accordance with policies established by the board that employs the supervisory officer who would ordinarily perform the duty or exercise the power.
Same
(3) In the circumstances described in clause (1) (b), where no other supervisory officer employed by the same board is able to perform the duty and exercise the power in a timely way, because of absence or for some other reason, a supervisory officer employed by another board may, by arrangement between the two boards, perform the duty and exercise the power.
Same
(4) Every board shall establish policies and procedures for the purposes of subsections (2) and (3).
Appraisals by different individuals
277.19 Where this Part requires or permits a series of one or more performance appraisals to be conducted as part of a process, the effect of each of the appraisals is the same regardless of whether the duties and powers in relation to different appraisals are performed or exercised by different individuals or individuals holding different titles.
Board rules, certain circumstances
277.20 (1) Every board shall establish rules respecting which principal and supervisory officer shall exercise the powers and perform the duties of principal and supervisory officer, as the case may be, under this Part in relation to a teacher who, during part or all of any period or process required or permitted by this Part or the regulations, guidelines, policies and rules under it,
(a) is assigned to more than one school;
(b) is not assigned to duties in a school;
(c) is assigned to duties in a school as well as to other duties; or
(d) moves from one school to another.
Same
(2) Where the rules under this section apply, this Part and any regulation, guideline, rule or policy under it shall be read with necessary modifications.
Regulations, certain circumstances
277.21 (1) The Lieutenant Governor in Council may make regulations in relation to this Part,
(a) providing for the circumstances in which and the extent to which periods of time shall be excluded from the calculation of any period or timeline specified in or under this Part;
(b) establishing rules to apply where one board seconds a teacher to another board;
(c) establishing rules to apply where a teacher is absent,
(i) during all or part of a year that is scheduled as an evaluation year for him or her,
(ii) during all or part of a year that is not scheduled as an evaluation year for him or her,
(iii) during all or part of a period specified in section 277.29,
(iv) during all or part of a period specified in sections 277.35 to 277.39;
(d) respecting transitional and ongoing matters related to the implementation of this Part;
(e) providing for exemptions from provisions of this Part and specifying conditions and restrictions respecting the exemptions.
Regulations re time periods, cl. (1) (a)
(2) Without limiting the generality of clause (1) (a), the circumstances that may be provided for under it include periods of time during which a teacher involved in a performance appraisal or any person who has duties or powers in respect of a performance appraisal is absent from work or is assigned to different duties.
Same
(3) Where a regulation under clause (1) (a) provides for the exclusion of one or more periods of time from the calculation of a period or timeline specified in or under this Part, the regulation may also provide for whether and in which circumstances the exclusion alters the running of the period or timeline and, if it does alter the running of the period or timeline, how to calculate the altered period or timeline.
Regulations re secondments, cl. (1) (b)
(4) Without limiting the generality of clause (1) (b), a regulation under that clause may,
(a) provide that the regulation prevails over the terms of a secondment agreement;
(b) assign responsibilities under this Part as between the seconding board and the secondee board;
(c) provide for the termination of the secondment agreement in circumstances specified in the regulation;
(d) provide for such modifications to the provisions of this Part and the regulations, guidelines, rules or policies under it as are in the opinion of the Lieutenant Governor in Council advisable in connection with secondments.
Same
(5) Without limiting the generality of clause (4) (d), where a secondment agreement is terminated, a regulation under clause (1) (b) may provide for the effect or lack of effect of a performance appraisal conducted by the secondee board during the period of the secondment.
Regulations re certain absences, cl. (1) (c)
(6) Without limiting the generality of clause (1) (c), a regulation under that clause may,
(a) provide for such modifications to the provisions of this Part and the regulations, guidelines, rules or policies under it as are in the opinion of the Lieutenant Governor in Council advisable in connection with absences;
(b) provide for exceptions to be made from the rules set out in the regulation, in circumstances specified in the regulation;
(c) provide that the exceptions referred to in clause (b) may be in the discretion of persons specified in the regulation, and providing for conditions and restrictions on the exercise of that discretion.
Regulations re transitional and implementation matters, cl. (1) (d)
(7) Without limiting the generality of clause (1) (d), and despite the definition of "year" in subsection 277.15 (1), a regulation under that clause may provide that the first year of the three-year cycle referred to in section 277.28 begins, for boards and teachers to which this Part applies in accordance with section 277.24, on a date that is on or after the day on which section 277.28 comes into force and ends on August 31, 2002.
Board policies and rules, general
277.22 (1) A board may establish policies and rules that are consistent with this Part, and anything provided for under it, relating to performance appraisals of teachers employed by it, and shall establish such policies and rules where doing so is necessary to bring this Part into operation and make it work effectively.
Same, time periods
(2) Without limiting the generality of subsection (1), every board shall establish policies and rules,
(a) to ensure, as far as possible, that all timelines provided for in this Part and the regulations, guidelines, rules and policies under it are complied with; and
(b) to provide for accountability on the part of a person who does not comply with a timeline provided for in this Part or the regulations, guidelines, rules and policies under it.
Missed timeline
(3) If, despite subsection (2), a step or process required or permitted by this Part, or by the regulations, guidelines, rules or policies under it, is not completed within the timeline provided for, the step or process shall be completed by the appropriate person as soon as possible thereafter and timelines for all succeeding steps shall be calculated from the time the late step or process was actually completed.
Compliance with timelines
277.23 A board, supervisory officer, principal, vice-principal, teacher or any other person with duties related to performance appraisals under this Part shall comply with all timelines and periods set out in this Part and in any regulation, guideline, rule or policy under it, despite any arbitral order or decision,
(a) that purports to alter, interrupt, suspend or otherwise affect the timeline or period; or
(b) that would, if followed, have the effect of altering, interrupting, suspending or otherwise affecting the timeline or period.
Application to Boards and Teachers
Initial application
277.24 (1) For the purpose of the initial application of this Part, as soon as the Minister considers practicable after the coming into force of this section, the Minister may designate certain boards and shall specify a date in the designation for the purposes of subsection (6).
Same
(2) In determining which boards to designate under subsection (1), the Minister shall take into account, to the extent that the Minister considers appropriate, the desirability of designating boards that are from different geographic regions of Ontario and boards that are of different types.
Same
(3) In making designations under subsection (1), the Minister may seek input from such persons and bodies as the Minister considers appropriate.
Same
(4) For the purposes of subsection (7), a board that is designated under subsection (1) may designate certain teachers employed by it.
Same
(5) The Minister shall set a date before which designations of teachers shall be made under subsection (4).
Same
(6) Subject to subsection (7), beginning on the date set out in the designation under subsection (1), this Part applies in respect of each board designated under subsection (1) and the teachers employed by them.
Same
(7) Where a board designates certain teachers under subsection (4) before the date set by the Minister under subsection (5),
(a) this Part does not apply in respect of teachers employed by the board who are not so designated; and
(b) sections 277.25, 277.26 and 277.27 apply in respect of the teachers referred to in clause (a).
Application starting 2002
District school boards
277.25 (1) Beginning on September 1, 2002,
(a) this Part applies in respect of a district school board and the elementary school teachers employed by it if,
(i) as of the end of August 31, 2001, the board's collective agreement in respect of the teachers' bargaining unit composed of elementary school teachers expired or would have expired if it had not been continued under subsection 58 (2) of the Labour Relations Act, 1995, and
(ii) as of the day on which a Bill entitled An Act to promote quality in the classroom receives first reading, no new collective agreement between the board and the designated bargaining agent for the teachers' bargaining unit composed of elementary school teachers has been ratified; and
(b) this Part applies in respect of a district school board and the elementary school teachers employed by it if, as of the end of August 31, 2002, the board's collective agreement in respect of the teachers' bargaining unit composed of elementary school teachers expired or would have expired if it had not been continued under subsection 58 (2) of the Labour Relations Act, 1995.
Same
(2) Beginning on September 1, 2002,
(a) this Part applies in respect of a district school board and the secondary school teachers employed by it if,
(i) as of the end of August 31, 2001, the board's collective agreement in respect of the teachers' bargaining unit composed of secondary school teachers expired or would have expired if it had not been continued under subsection 58 (2) of the Labour Relations Act, 1995, and
(ii) as of the day on which a Bill entitled An Act to promote quality in the classroom receives first reading, no new collective agreement between the board and the designated bargaining agent for the teachers' bargaining unit composed of secondary school teachers has been ratified; and
(b) this Part applies in respect of a district school board and the secondary school teachers employed by it if, as of the end of August 31, 2002, the board's collective agreement in respect of the teachers' bargaining unit composed of secondary school teachers expired or would have expired if it had not been continued under subsection 58 (2) of the Labour Relations Act, 1995.
Same
(3) Beginning on September 1, 2002, this Part applies in respect of each district school board and the elementary school teachers employed by it who are not covered by section 277.24 or subsection (1) of this section, if the board and the designated bargaining agent for the teachers' bargaining unit composed of elementary school teachers employed by the board so agree in writing.
Same
(4) Beginning on September 1, 2002, this Part applies in respect of each district school board and the secondary school teachers employed by it who are not covered by section 277.24 or subsection (2) of this section, if the board and the designated bargaining agent for the teachers' bargaining unit composed of secondary school teachers employed by the board so agree in writing.
s. 68 boards
(5) Subsections (1) to (4) and (8) apply with necessary modifications to boards established under section 68 and for that purpose a reference to a district school board shall be read as a reference to a board established under section 68.
School authorities other than
s. 68 boards
(6) Beginning on September 1, 2002,
(a) this Part applies in respect of a school authority other than a board established under section 68 and the teachers employed by it if,
(i) as of the end of August 31, 2001, all of the school authority's collective agreements in respect of teachers' bargaining units expired or would have expired if they had not been continued under subsection 58 (2) of the Labour Relations Act, 1995, and
(ii) as of the day on which a Bill entitled An Act to promote quality in the classroom receives first reading, no new collective agreement between the school authority and a designated bargaining agent for a teachers' bargaining unit has been ratified; and
(b) this Part applies in respect of a school authority other than a board established under section 68 and the teachers employed by it if, as of the end of August 31, 2002, all of the school authority's collective agreements in respect of teachers' bargaining units expired or would have expired if they had not been continued under subsection 58 (2) of the Labour Relations Act, 1995.
Same
(7) Beginning on September 1, 2002, this Part applies in respect of each school authority other than a board established under section 68 and the teachers employed by it who are not covered by section 277.24 or subsection (6) of this section, if the school authority and the designated bargaining agents for all of the school authority's teachers' bargaining units so agree in writing.
Combined teachers' bargaining units
(8) Where, throughout the period beginning as of the end of August 31, 2001 and ending on the day on which a Bill entitled An Act to promote quality in the classroom receives first reading, a teachers' bargaining unit composed of elementary school teachers employed by a board and a teachers' bargaining unit composed of secondary school teachers employed by the same board are combined under section 277.7,
(a) a reference in clause (1) (a) to elementary school teachers employed by the board shall be read as a reference to both the elementary school teachers and the secondary school teachers employed by the board;
(b) a reference in clause (1) (a) to the teachers' bargaining unit composed of elementary school teachers shall be read as a reference to the combined teachers' bargaining unit; and
(c) clause (2) (a), being redundant, is of no effect with respect to that board and its teachers.
Same
(9) Where, as of the end of August 31, 2002, a teachers' bargaining unit composed of elementary school teachers employed by a board and a teachers' bargaining unit composed of secondary school teachers employed by the same board are combined under section 277.7,
(a) a reference in clause (1) (b) or subsection (3) to elementary school teachers employed by the board shall be read as a reference to both the elementary school teachers and the secondary school teachers employed by the board;
(b) a reference in clause (1) (b) or subsection (3) to the teachers' bargaining unit composed of elementary school teachers shall be read as a reference to the combined teachers' bargaining unit; and
(c) clause (2) (b) and subsection (4), being redundant, are of no effect with respect to that board and its teachers.
Application starting 2003
District school boards
277.26 (1) Beginning on September 1, 2003, this Part applies in respect of a district school board and the elementary school teachers employed by it if, as of the end of August 31, 2003, the board's collective agreement in respect of the teachers' bargaining unit composed of elementary school teachers expired or would have expired if it had not been continued under subsection 58 (2) of the Labour Relations Act, 1995.
Same
(2) Beginning on September 1, 2003, this Part applies in respect of a district school board and the secondary school teachers employed by it if, as of the end of August 31, 2003, the board's collective agreement in respect of the teachers' bargaining unit composed of secondary school teachers expired or would have expired if it had not been continued under subsection 58 (2) of the Labour Relations Act, 1995.
Same
(3) Beginning on September 1, 2003, this Part applies in respect of each district school board and the elementary school teachers employed by it who are not covered by section 277.24, section 277.25 or subsection (1) of this section, if the board and the designated bargaining agent for the teachers' bargaining unit composed of elementary school teachers so agree in writing.
Same
(4) Beginning on September 1, 2003, this Part applies in respect of each district school board and the secondary school teachers employed by it who are not covered by section 277.24, section 277.25 or subsection (2) of this section, if the board and the designated bargaining agent for the teachers' bargaining unit composed of secondary school teachers so agree in writing.
s. 68 boards
(5) Subsections (1) to (4) and (8) apply with necessary modifications to boards established under section 68 and for that purpose a reference to a district school board shall be read as a reference to a board established under section 68.
School authorities other than
s. 68 boards
(6) Beginning on September 1, 2003, this Part applies in respect of a school authority other than a board established under section 68 and the teachers employed by it if, as of the end of August 31, 2003, all of the school authority's collective agreements in respect of teachers' bargaining units expired or would have expired if they had not been continued under subsection 58 (2) of the Labour Relations Act, 1995.
Same
(7) Beginning on September 1, 2003, this Part applies in respect of each school authority other than a board established under section 68 and the teachers employed by it who are not covered by section 277.24, 277.25 or subsection (6) of this section, if the school authority and the designated bargaining agents for all of the school authority's teachers' bargaining units so agree in writing.
Combined teachers' bargaining units
(8) Where, as of the end of August 31, 2003, a teachers' bargaining unit composed of elementary school teachers employed by a board and a teachers' bargaining unit composed of secondary school teachers employed by the same board are combined under section 277.7,
(a) a reference in subsection (1) or (3) to elementary school teachers employed by the board shall be read as a reference to both the elementary school teachers and the secondary school teachers employed by the board;
(b) a reference in subsection (1) or (3) to the teachers' bargaining unit composed of elementary school teachers shall be read as a reference to the combined teachers' bargaining unit; and
(c) subsections (2) and (4), being redundant, are of no effect with respect to that board and its teachers.
Application, 2004
277.27 Beginning on September 1, 2004, this Part applies in respect of each board and the teachers employed by it who are not covered by section 277.24, 277.25 or 277.26.
Frequency and Timing of
Performance Appraisals
Evaluation on three-year cycle
277.28 (1) Every board shall schedule evaluation years for teachers in a manner that provides for each teacher to have one evaluation year in each period of three consecutive years during which the teacher is employed by the board.
Appraisals in evaluation year
(2) The board shall ensure that each teacher receives at least two performance appraisals during each of his or her evaluation years.
Same
(3) Once a teacher employed by a board has an evaluation year under this section, each subsequent evaluation year of the teacher, as long as the teacher continues in the employ of that board, must be preceded by two years that are not evaluation years for the teacher under this section.
Principal to conduct appraisal
(4) The performance appraisals under this section shall be conducted by the principal assigned to the school to which the teacher is assigned in the evaluation year scheduled for the teacher.
Same
(5) The principal may conduct performance appraisals of a teacher under this section at such intervals as the principal considers appropriate, subject to any requirements in this Part or any regulation, guideline, rule or policy under it.
Same
(6) The principal shall give the teacher written notice of the rating determined for each performance appraisal conducted under this section.
Appraisals, new teachers
277.29 (1) For the purposes of this section,
(a) a teacher shall be considered to be new to the board during the 24-month period following his or her being hired as a teacher by a board, if the teacher was not employed by the board as a teacher immediately before being hired; and
(b) a teacher shall be considered to be new to the profession during the 24-month period following his or her being hired by a board, if the teacher has never been,
(i) employed as a teacher by a board,
(ii) employed as a teacher by the Provincial Schools Authority, or
(iii) employed as a teacher in connection with a demonstration school established or continued under section 13.
Same
(2) A teacher shall not be considered new to a board if the teacher is seconded from one board to another board and is not new to the first board within the meaning of subsection (1).
Same
(3) Every board shall ensure that each teacher employed by it who is new to the board and each teacher employed by it who is new to the profession is scheduled for at least two performance appraisals in each of the first and second 12-month periods that make up the 24-month periods referred to in subsection (1).
Principal to conduct appraisal
(4) The performance appraisals under this section shall be conducted by the principal assigned to the school to which the teacher is assigned.
Same
(5) The principal may conduct performance appraisals of a teacher under this section at such intervals as the principal considers appropriate, subject to any requirements in this Part or any regulation, guideline, rule or policy under it.
Application of s. 277.28
(6) For the purposes of section 277.28, the three-year cycle for a teacher who receives performance appraisals under this section begins to run when the teacher ceases to be new to the board or new to the profession, as the case may be.
Same
(7) The principal shall give the teacher written notice of the rating determined for each performance appraisal conducted under this section.
Additional performance appraisals
277.30 (1) A principal of a school may conduct performance appraisals of a teacher assigned to the school that are additional to those required by sections 277.28 and 277.29, if the principal considers it advisable to do so in light of circumstances relating to the teacher's performance.
Same
(2) Subject to subsection (3), and except during a teacher's evaluation year, a teacher may request performance appraisals that are additional to those required by sections 277.28 and 277.29 and the principal assigned to the school to which the teacher is assigned shall conduct them.
Same
(3) The principal may refuse to conduct a performance appraisal requested under subsection (2) where he or she is of the opinion that it is unlikely that the performance appraisal will lead to improvement in the teacher's performance.
Same
(4) The principal shall give the teacher written notice of the rating determined for each performance appraisal conducted under this section.
Standards, Methods and Results of Performance Appraisals
Regulations: standards, methods and results
277.31 (1) The Lieutenant Governor in Council may make regulations in relation to performance appraisals conducted under this Part,
(a) respecting competencies to be evaluated in conducting performance appraisals;
(b) respecting the rating scale to be used in conducting performance appraisals;
(c) respecting the standards, methods, processes, timelines and steps to be followed and the input and material to be taken into account in conducting performance appraisals;
(d) respecting processes, timelines and steps to be followed following performance appraisals that result in ratings that are not unsatisfactory;
(e) respecting the results of performance appraisal ratings that are not unsatisfactory, including but not limited to regulations providing for a range of results and criteria to be applied in determining results.
Competencies
(2) Without limiting the generality of clause (1) (a), regulations under that clause may be made respecting a teacher's,
(a) commitment to pupils and pupil learning;
(b) communication with pupils and their parents;
(c) professional knowledge, including subject-matter knowledge and knowledge relating to effective teaching;
(d) teaching practices;
(e) participation in the life of the school and school community;
(f) participation in ongoing professional learning.
Rating scale
(3) Without limiting the generality of clause (1) (b), regulations under that clause shall provide for which rating or ratings shall be considered unsatisfactory for the purposes of this Part.
Parental and pupil input
(4) Subject to subsections (5) to (8), and without limiting the generality of clause (1) (c), regulations under that clause may provide that documents recording parental input, pupil input or both shall be taken into account.
Same
(5) Without limiting the generality of subsection (4), a regulation that provides that documents recording parental input, pupil input or both shall be taken into account may,
(a) prescribe the kinds of parental input, pupil input or both that may be sought;
(b) provide for the use of survey forms;
(c) provide for processes, timelines and steps to be followed by boards in developing survey forms, including the kinds of consultations to be undertaken or approvals to be obtained.
Same
(6) Subject to subsection (7), a regulation that provides that documents recording parental input, pupil input or both shall be taken into account shall also provide that the teacher shall be given an opportunity to review the documents and to respond respecting the documents to the person who conducted the performance appraisal.
Same
(7) A regulation that provides that documents recording parental input, pupil input or both shall be taken into account shall also provide that, where the parent or pupil so requests, words or names that would identify the parent or pupil shall be removed from a document before it is provided to the teacher.
Same
(8) Information obtained solely through documents recording parental input, pupil input or both shall not be the sole factor in a teacher receiving an unsatisfactory rating or in recommending or determining that a teacher's employment should be terminated.
General or specific
(9) Regulations under subsection (1) may be general or be specific to a class of teachers described in the regulations.
Additional competencies, processes, etc.
277.32 (1) In addition to complying with section 277.31 and the regulations under it, a board may, in relation to the performance appraisals conducted by it under this Part, provide for,
(a) competencies that are additional to those provided for under clause 277.31 (1) (a);
(b) standards, methods, processes, timelines and steps to be followed that are additional to those set out under clause 277.31 (1) (c) and input and material to be taken into account that are additional to those set out under clause 277.31 (1) (c);
(c) processes, timelines and steps that are additional to those set out under clause 277.31 (1) (d) to be followed following performance appraisals that result in ratings that are not unsatisfactory;
(d) results of performance appraisal ratings that are not unsatisfactory, including but not limited to a range of results and criteria to be applied in determining results, that are additional to those set out under clause 277.31 (1) (e).
Same
(2) Subject to subsections (3) to (6), and without limiting the generality of clause (1) (b), a board acting under that clause may provide that documents recording parental input, pupil input or both shall be taken into account.
Same
(3) Where a board provides that documents recording parental input, pupil input or both shall be taken into account, the regulations under subsection 277.31 (5) apply with necessary modifications.
Same
(4) Subject to subsection (5), where a board provides that documents recording parental input, pupil input or both shall be taken into account, the teacher shall be given an opportunity to review the documents and to respond respecting the documents to the person who conducted the performance appraisal.
Same
(5) Where a board provides that documents recording parental input, pupil input or both shall be taken into account and where the parent or pupil so requests, words or names that would identify the parent or pupil shall be removed from a document before it is provided to the teacher.
Same
(6) Information obtained solely through documents recording parental input, pupil input or both shall not be the sole factor in a teacher receiving an unsatisfactory rating or in recommending or determining that a teacher's employment should be terminated.
Same
(7) This section shall not be interpreted as authorizing boards,
(a) to require or permit performance appraisals to be conducted under this Part that are additional to those required or permitted under other sections of this Part; or
(b) to provide for anything that conflicts with the provisions in or under other sections of this Part relating to performance appraisals under this Part, including but not limited to provisions relating to timelines.
General or specific
(8) An action of a board under this section may be general or be specific to a class of teachers specified by the board.
Minister's guidelines
277.33 (1) The Minister may issue guidelines describing knowledge and practices that the person conducting a performance appraisal under this Part shall look for in order to assist in evaluating the teacher's competencies and in determining the rating to be given to the teacher.
Same
(2) While a person conducting a performance appraisal shall comply with the guidelines, the guidelines shall not be taken as a comprehensive statement of what the person shall or may look for or take into account when conducting a performance appraisal.
Same
(3) The Regulations Act does not apply to a guideline of the Minister under this section.
Performance appraisal document
277.34 (1) The Minister may approve a performance appraisal document for the purposes of this Part.
Other documents, forms, etc.
(2) The Minister may approve other documents, forms and formats for the purposes of this Part.
Use of documents, forms, etc.
(3) Every body or person who has a duty or power under this Part shall use the approved documents, forms and formats for the purposes for which they are approved.
Same
(4) The Regulations Act does not apply to an approval of the Minister under this section.
Process Following Unsatisfactory Rating
Interpretation, school days
277.35 (1) For the purposes of sections 277.36, 277.37 and 277.38, a period of 15, 60 or 120 school days shall be determined by counting consecutive school days in the school year or school years of the board that employs the teacher.
Same
(2) Every board that has more than one school year shall establish rules respecting which school year applies in respect of each teacher employed by it and, for that purpose, the board may establish different rules for different classes of teachers.
Initial unsatisfactory rating
277.36 (1) This section applies when a principal conducting a performance appraisal under any of sections 277.28, 277.29 and 277.30 determines that the rating is unsatisfactory.
Duties of principal
(2) Within 15 school days of determining that a performance appraisal of a teacher has resulted in an unsatisfactory rating, the principal shall,
(a) give the teacher written notice of the unsatisfactory rating and explain the reasons for the unsatisfactory rating to the teacher;
(b) explain to the teacher what is lacking in the teacher's performance;
(c) explain to the teacher what is expected of the teacher in areas in which his or her performance is lacking;
(d) taking input from the teacher into account, recommend steps and actions that the teacher should take to improve his or her performance;
(e) provide the teacher and the appropriate supervisory officer with a copy of the performance appraisal document;
(f) provide the teacher and the appropriate supervisory officer with a brief summary in writing of the explanations referred to in clauses (a) to (c); and
(g) provide the teacher and the appropriate supervisory officer with an improvement plan in writing setting out the steps and actions referred to in clause (d).
Second appraisal
(3) Within 60 school days of giving the notice of the unsatisfactory rating under clause (2) (a), the principal shall conduct a second performance appraisal.
Timing of second appraisal
(4) The interval between the performance appraisal referred to in subsection (1) and the performance appraisal required by subsection (3) shall be in the discretion of the principal, subject to any relevant board policies.
Same
(5) In exercising his or her discretion under subsection (4), the principal shall balance the desirability of giving the teacher a reasonable opportunity to improve his or her performance against the interests of the pupils in receiving quality education.
Second unsatisfactory rating
277.37 (1) This section applies when a principal conducting a performance appraisal under subsection 277.36 (3) determines that the rating is unsatisfactory, with the result that a teacher has received two consecutive unsatisfactory ratings under this Part.
Duties of principal
(2) Within 15 school days of determining that a performance appraisal of a teacher has resulted in an unsatisfactory rating, the principal shall,
(a) give the teacher written notice of the unsatisfactory rating, explain the reasons for the unsatisfactory rating to the teacher, place the teacher on review status and advise the teacher in writing of that fact;
(b) explain to the teacher what is lacking in the teacher's performance;
(c) explain to the teacher what is expected of the teacher in areas in which his or her performance is lacking;
(d) explain to the teacher the ways, if any, in which the teacher's performance has changed since the previous performance appraisal;
(e) seek input from the teacher as to what steps and actions would be likely to help the teacher improve his or her performance;
(f) provide the appropriate supervisory officer and, subject to subsections 277.31 (7) and 277.32 (5), the teacher, with a copy of the performance appraisal document and copies of all documents relied on in conducting the performance appraisal;
(g) prepare a written improvement plan for the teacher setting out steps and actions that the teacher should take to improve his or her performance, taking into account input from the teacher under clause (e); and
(h) provide the teacher and the appropriate supervisory officer with,
(i) a brief summary in writing of the explanations referred to in clauses (a) to (d), and
(ii) a copy of the written improvement plan prepared under clause (g).
Same
(3) Before preparing the plan referred to in clause (2) (g), the principal shall consult with the appropriate supervisory officer.
Same
(4) Subsection (3) does not apply where the principal's duties and powers are performed and exercised by a supervisory officer in accordance with section 277.17 or 277.18.
Review status
277.38 (1) Throughout any period during which a teacher is on review status, the principal shall,
(a) monitor the teacher's performance;
(b) consult regularly with the supervisory officer regarding the teacher's performance and steps that may be taken to improve it; and
(c) provide such feedback and recommendations to the teacher as the principal considers might help the teacher improve his or her performance.
Same
(2) Clause (1) (b) does not apply where the principal's duties and powers are performed and exercised by a supervisory officer in accordance with section 277.17.
Review status, third appraisal
(3) Subject to subsection (5), during the 120 school days starting with the day on which the teacher is advised that he or she is on review status, the principal shall conduct one more performance appraisal.
Review status ended if rating not unsatisfactory
(4) Where the principal conducting the performance appraisal under subsection (3) determines that the rating is not unsatisfactory,
(a) the teacher immediately ceases to be on review status;
(b) the principal shall advise the teacher in writing of that fact and give the teacher written notice of the rating on the appraisal under subsection (3); and
(c) subsections (6) to (14) and section 277.39 do not apply.
Recommendation of termination, no third appraisal
(5) If, at any time during the 120 school days starting with the day on which the teacher is advised that he or she is on review status, the principal and supervisory officer jointly determine that the delay necessitated by conducting a performance appraisal under subsection (3) is inconsistent with the protection of the best interests of pupils, they shall refrain from conducting the appraisal and shall promptly transmit a joint recommendation in writing to the board that the teacher's employment with the board should be terminated.
Same
(6) A recommendation under subsection (5) shall include a statement that in the opinion of both the principal and the supervisory officer the delay necessitated by a third performance appraisal is inconsistent with the protection of the best interests of pupils.
Same
(7) Where the principal's duties and powers are performed and exercised by a supervisory officer in accordance with section 277.17, the supervisory officer shall act jointly with another supervisory officer under subsection (5).
Same
(8) For the purposes of subsection (7), the other supervisory officer shall be selected in accordance with the policies of the board that employs the first supervisory officer.
Recommendation of termination following
third appraisal
(9) Where a performance appraisal conducted under subsection (3) results in an unsatisfactory rating, the principal shall promptly transmit a recommendation in writing to the board that the teacher's employment with the board should be terminated.
Same
(10) A recommendation under subsection (5) or (9) shall be accompanied by,
(a) written reasons for the recommendation; and
(b) a copy of the performance appraisal document and copies of all documents relied on in conducting the performance appraisal referred to in subsection 277.36 (1) and any performance appraisals conducted under subsection 277.36 (3) and subsection (3) of this section.
Same
(11) The principal shall promptly provide the teacher with,
(a) a copy of a recommendation under subsection (5) or (9);
(b) a copy of the written reasons referred to in clause (10) (a); and
(c) subject to subsections 277.31 (7) and 277.32 (5), copies of all documents referred to in clause (10) (b).
Same
(12) Pending the board's decision whether to terminate the teacher's employment, the director of education for the board shall,
(a) suspend the teacher with pay; or
(b) reassign the teacher to duties that are in the view of the director of education appropriate in the circumstances.
Same
(13) In the case of a school authority that does not have a director of education, the duties under subsection (12) shall be performed by the appropriate supervisory officer.
Same
(14) No hearing is required before making a decision under subsection (12) or (13).
Board decision
277.39 (1) A board that receives a recommendation to terminate a teacher's employment under section 277.38 shall determine, based on the competencies provided for under clause 277.31 (1) (a) and clause 277.32 (1) (a), whether or not the teacher is performing satisfactorily in the position to which he or she was assigned immediately before any action of a director of education or supervisory officer under subsection 277.38 (12) or (13).
Same
(2) The determination of the board shall be by majority vote of the members of the board present at a meeting of the board at which there is quorum, within 60 days of receiving the recommendation.
Consequences of decision
(3) Where the board determines that the teacher is not performing satisfactorily in the position to which he or she was assigned immediately before any action of a director of education or supervisory officer under subsection 277.38 (12) or (13), the board shall terminate the teacher's employment with the board.
Same
(4) Where the board does not make the determination described in subsection (3), the suspension or reassignment under subsection 277.38 (12) or (13), as the case may be, shall cease and, except where the teacher and the board agree otherwise, the teacher shall resume his or her former position.
Notice to Ontario College of
Teachers
277.40 (1) Where a board terminates a teacher's employment under section 277.39, the secretary of the board shall promptly file a complaint under section 26 of the Ontario College of Teachers Act, 1996, regarding the reasons for the termination.
Same
(2) Where a teacher employed by a board resigns while he or she is on review status, the secretary of the board shall promptly file a complaint under section 26 of the Ontario College of Teachers Act, 1996, regarding the reasons for the teacher having been placed on review status.
Same
(3) For greater certainty, a complaint made by a secretary of a board under this section shall be deemed to be a complaint made by a member of the public under clause 26 (1) (a) of the Ontario College of Teachers Act, 1996.
Arbitration
Arbitration under collective agreements
277.41 A collective agreement between a board and a designated bargaining agent for a teachers' bargaining unit may provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.
Records of Performance Appraisals
Board to receive copies of appraisals
277.42 Every person who conducts a performance appraisal of a teacher under this Part shall ensure that a copy of the performance appraisal document and copies of all documents relied on in conducting the performance appraisal are promptly given to the board.
Boards to request copies of appraisals
277.43 (1) A board that is contemplating employing a teacher shall contact the last board that employed the teacher, if any, in order to request,
(a) copies of the performance appraisal documents that are in the possession of the board that relate to the last two performance appraisals of the teacher conducted by the board, if either of those two appraisals resulted in an unsatisfactory rating;
(b) copies of all documents relied on in conducting the last two performance appraisals of the teacher conducted by the board, if either of those two appraisals resulted in an unsatisfactory rating;
(c) copies of any documents relating to the termination of the employment of the teacher or to a recommendation for the termination of the employment of the teacher that are in the possession of the board and that, in the opinion of the board, may be relevant to the decision of the requesting board; and
(d) copies of any documents relating to resignation by the teacher while on review status that are in the possession of the board and that, in the opinion of the board, may be relevant to the decision of the requesting board.
Same
(2) A board that receives a request under subsection (1) shall promptly inform the requesting board whether there are any documents to provide in response to the request and, if so, shall promptly provide the documents.
Other information exchange
(3) Nothing in this section shall be interpreted to limit rights otherwise available to a board to obtain or give information relating to prospective or past employees.
Regulations
277.44 The Lieutenant Governor in Council may make regulations respecting the period during which boards must retain records made under this Part.
Information
Information
277.45 (1) Every board shall make information about the performance appraisal system set out in this Part available to,
(a) teachers employed by the board;
(b) pupils who are enrolled in schools of the board and their parents;
(c) the chair of the school council for each school governed by the board.
Same
(2) The Minister may issue guidelines relating to the requirements of subsection (1) and the boards shall comply with those guidelines.
Same
(3) Without limiting the generality of subsection (2), the guidelines may provide for,
(a) the nature of the information to be provided in various circumstances and to various classes of persons specified in the guidelines; and
(b) when and how the information is to be provided, both in transitional and ongoing circumstances.
Non-application of Regulations Act
(4) The Regulations Act does not apply to an act of the Minister under this section.
5. The Act is amended by adding the following Part:
PART XI.1
PERFORMANCE APPRAISAL OF
PRINCIPALS, VICE-PRINCIPALS AND SUPERVISORY OFFICERS
Purpose of Part
287.2 The purpose of this Part is,
(a) to ensure that pupils receive the benefit of an education system staffed by supervisory officers, principals and vice-principals who are performing their duties satisfactorily;
(b) to provide for fair, effective and consistent evaluation of supervisory officers, principals and vice-principals, in every school; and
(c) to promote professional growth.
Definition
287.3 (1) In this Part,
"parent" includes a person who has lawful custody of a child.
References to supervisory officers
(2) A reference in this Part to a supervisory officer is a reference to a supervisory officer who qualified as such as a teacher.
Regulations: performance appraisals,
principals, etc.
287.4 (1) The Lieutenant Governor in Council may make regulations respecting performance appraisals of supervisory officers, principals and vice-principals, including but not limited to regulations,
(a) respecting the frequency and timing of the appraisals;
(b) respecting competencies to be evaluated in conducting appraisals;
(c) respecting the rating scale to be used in conducting appraisals;
(d) respecting the standards, methods, processes, timelines and steps to be followed and the input and material to be taken into account in conducting the appraisals;
(e) providing for performance contracts, whether by permitting or requiring boards to require them as a condition of employment;
(f) respecting the documents, forms and formats to be used in connection with appraisals, including providing for the use of a document, form or format that is approved by a person or body specified in the regulation;
(g) respecting the documentation to be compiled and kept in connection with the appraisals;
(h) respecting transitional and ongoing matters related to the implementation of this Part;
(i) respecting the processes, timelines and steps to be followed following an appraisal;
(j) respecting the results of appraisal results, including but not limited to regulations providing for a range of results and criteria to be applied in determining results;
(k) respecting the application of the requirements under this Part;
(l) providing for exemptions from requirements under this Part and specifying conditions and restrictions respecting the exemptions;
(m) respecting which persons or bodies or classes of persons or bodies shall conduct appraisals or classes of appraisals;
(n) respecting disclosure, receipt and use of information related to or gathered in connection with the appraisals.
Subdelegation
(2) In a regulation under this section, the Lieutenant Governor in Council may,
(a) delegate duties and powers to boards, board officials and employees, ministry officials and employees and other persons and bodies as the Lieutenant Governor in Council considers advisable to ensure that the requirements under this Part are complied with and are implemented and administered effectively, fairly and reasonably;
(b) specify conditions and restrictions respecting the exercise of the duties and powers referred to in clause (a).
Same
(3) In determining what duties and powers to delegate under clause (2) (a) and what conditions and restrictions to specify under clause (2) (b), the Lieutenant Governor in Council may be guided, to the extent that the Lieutenant Governor in Council considers appropriate, by the provisions of Part X.2 that assign duties and powers to persons and bodies and the provisions of Part X.2 that permit subdelegation of duties and powers.
Parental and pupil input, certain performance
appraisals
(4) Subject to subsections (5) to (8), a regulation under clause (1) (d) may provide that documents recording parental input, pupil input or both shall be taken into account.
Same
(5) Without limiting the generality of clause (1) (d), a regulation that provides that documents recording parental input, pupil input or both shall be taken into account may,
(a) prescribe the kinds of parental input, pupil input or both that may be sought;
(b) provide for the use of survey forms;
(c) provide for processes, timelines and steps to be followed by boards in developing survey forms, including the kinds of consultations to be undertaken or approvals to be obtained.
Same
(6) Subject to subsection (7), a regulation that provides that documents recording parental input, pupil input or both shall be taken into account shall also provide that the person who is the subject of the performance appraisal shall be given an opportunity to review the documents and to respond respecting the documents to the person who conducted the performance appraisal.
Same
(7) A regulation that provides that documents recording parental input, pupil input or both shall be taken into account shall also provide that, where the parent or pupil so requests, words or names that would identify the parent or pupil shall be removed from a document before it is provided to the person who is the subject of the performance appraisal.
Same
(8) Information obtained solely through documents recording parental input, pupil input or both shall not be the sole factor in determining the results of a performance appraisal or the consequences of those results.
General or specific
(9) A regulation under this section may be general or specific.
Additional competencies, processes, etc.
287.5 (1) In addition to complying with section 287.4 and the regulations under it, a board may, in relation to the performance appraisals conducted by it under this Part, provide for,
(a) competencies that are additional to those provided for under clause 287.4 (1) (b);
(b) standards, methods, processes, timelines and steps to be followed that are additional to those set out under clause 287.4 (1) (d) and the input and material to be taken into account that are additional to those set out under clause 287.4 (1) (d);
(c) processes, timelines and steps that are additional to those set out under clause 287.4 (1) (i) to be followed following performance appraisals;
(d) results of performance appraisal ratings, including but not limited to a range of results and criteria to be applied in determining results, that are additional to those set out under clause 287.4 (1) (j).
Same
(2) Subject to subsections (3) to (6), a board acting under clause (1) (b) may provide that documents recording parental input, pupil input or both shall be taken into account.
Same
(3) Where a board provides that documents recording parental input, pupil input or both shall be taken into account, the regulations under subsection 287.4 (5) apply with necessary modifications.
Same
(4) Subject to subsection (5), where a board provides that documents recording parental input, pupil input or both shall be taken into account, the supervisory officer, principal or vice-principal shall be given an opportunity to review the documents and respond respecting the documents to the person who conducted the performance appraisal.
Same
(5) Where a board provides that documents recording parental input, pupil input or both shall be taken into account and where the parent or pupil so requests, words or names that would identify the parent or pupil shall be removed from a document before it is provided to the supervisory officer, principal or vice-principal.
Same
(6) Information obtained solely through documents recording parental input, pupil input or both shall not be the sole factor in determining the results of a performance appraisal or the consequences of those results.
Same
(7) This section shall not be interpreted as authorizing boards,
(a) to require or permit performance appraisals to be conducted under this Part that are additional to those required or permitted under section 287.4; or
(b) to provide for anything that conflicts with the provisions in or under other sections of this Part relating to performance appraisals under this Part, including but not limited to provisions relating to timelines.
General or specific
(8) An action of a board under this section may be general or be specific to a class of supervisory officers, principals or vice-principals specified by the board.
Minister's guidelines
287.6 (1) The Minister may issue guidelines describing knowledge and practices that a person conducting a performance appraisal under this Part shall look for in order to assist in evaluating the competencies of and in determining the rating to be given to the supervisory officer, principal or vice-principal, as the case may be.
Same
(2) While a person conducting a performance appraisal shall comply with the guidelines, the guidelines shall not be taken as a comprehensive statement of what the person shall or may look for or take into account when conducting a performance appraisal.
Same
(3) The Regulations Act does not apply to a guideline of the Minister under this section.
Interpretation of Part
287.7 (1) Nothing in this Part, or any regulation, guideline, policy or rule under it, shall be interpreted to limit rights otherwise available relating to discipline of any supervisory officer, principal or vice-principal, including but not limited to rights relating to reassignment of duties, suspension or termination of employment, whether or not a performance appraisal process relating to the supervisory officer, principal or vice-principal is being conducted under this Part.
Transition
(2) Nothing in this Part, or any regulation, guideline, policy or rule under it, shall be interpreted to limit a board's ability to complete a performance appraisal of a supervisory officer, principal or vice-principal begun before this Part begins to apply to that board and that supervisory officer, principal or vice-principal, or to follow any process or take any action relating to that performance appraisal that the board might have followed or taken but for this Part.
PART II
AMENDMENTS TO THE
ONTARIO COLLEGE OF
TEACHERS ACT, 1996
6. Clause 42.1 (1) (p) of the Ontario College of Teachers' Act, 1996, as enacted by the Statutes of Ontario, 2001, chapter 14, Schedule B, section 10, is repealed and the following substituted:
(p) prescribing classes of members and providing for exemptions from the application of section 24.6 for members of such classes for such periods of time as may be specified in the regulation;
(p.1) providing for how to determine the five-year period referred to in section 24.6 in relation to a member exempted for a period under clause (p);
7. (1) Subsection 63.1 (1) of the Act, as enacted by the Statutes of Ontario, 2001, chapter 14, Schedule B, section 11, is amended by striking out the portion before paragraph 1 and substituting the following:
Transition: first five-year period for
first cohort
(1) The first five-year period referred to in subsection 24.6 (2) shall be deemed to begin on September 1, 2001 and end on December 31, 2006 for the following members:
. . . . .
(2) Subsection 63.1 (4) of the Act, as enacted by the Statutes of Ontario, 2001, chapter 14, Schedule B, section 11, is repealed and the following substituted:
First five-year period for second cohort
(4) The first five-year period referred to in subsection 24.6 (2) shall be deemed to begin on September 1, 2002 and end on December 31, 2007 for all members not mentioned in subsection (1).
(3) Subsection 63.1 (5) of the Act, as enacted by the Statutes of Ontario, 2001, chapter 14, Schedule B, section 11, is repealed.
Commencement
8. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Sections 1 to 5 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
9. The short title of this Act is the Quality in the Classroom Act, 2001.
