[38] Bill 78 Royal Assent (PDF)
Bill 78 2006
An Act to amend
the Education Act,
the Ontario College of Teachers
Act, 1996 and certain other statutes
relating to education
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.
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 EDUCATION ACT
1. The Education Act is amended by adding the following section:
Collection and use of personal information
8.1 (1) The Minister may collect personal information, directly or indirectly, for purposes related to the following matters, and may use it for those purposes:
1. Administering this Act and the regulations, and implementing the policies and guidelines made under this Act.
2. Ensuring compliance with this Act, the regulations, and the policies and guidelines made under this Act.
3. Planning or delivering programs or services that the Ministry provides or funds, in whole or in part, allocating resources to any of them, evaluating or monitoring any of them or detecting, monitoring and preventing fraud or any unauthorized receipt of services or benefits related to any of them.
4. Risk management, error management or activities to improve or maintain the quality of the programs or services that the Ministry provides or funds, in whole or in part.
5. Research and statistical activities that relate to education and are conducted by or on behalf of the Ministry.
Limits on collection and use
(2) The Minister shall not collect or use personal information if other information will serve the purpose of the collection or use.
Same
(3) The Minister shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use.
Collection and use of personal information for research
(4) The collection or use of personal information for purposes related to research activities mentioned in paragraph 5 of subsection (1) is subject to any requirements and restrictions that may be prescribed.
Disclosure by educational and training institutions, etc.
(5) The Minister may require any of the following to disclose to him or her such personal information as is reasonably necessary for the purposes described in subsection (1):
1. Educational and training institutions that are prescribed for the purposes of sections 266.2 to 266.5.
2. Persons and entities that are prescribed for the purposes of subsection 266.3 (3).
Same
(6) The Minister may specify the time at which, and the form in which, the information must be provided.
Notice required by s. 39 (2) of FIPPA
(7) If the Minister collects personal information indirectly under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act is given by,
(a) a public notice posted on the Ministry's website; or
(b) any other method that may be prescribed.
Regulations
(8) The Lieutenant Governor in Council may make regulations for the purposes of this section,
(a) prescribing requirements and restrictions for the purposes of subsection (4);
(b) prescribing methods of giving the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act.
2. Section 10.1 of the Act is repealed and the following substituted:
Report on new teacher induction program
10.1 (1) The Minister may require boards to prepare reports on the new teacher induction program required under Part X.0.1 and may issue guidelines respecting the form and content of the reports and the time periods within which or frequency with which they shall be submitted.
Minister's response
(2) If, in the opinion of the Minister, a report submitted under subsection (1) indicates that the board's new teacher induction program does not conform to the requirements of this Act or to any guidelines the Minister has issued respecting new teacher induction programs, he or she shall inform the board of that fact and may direct the board to further develop its program and resubmit the report within a time frame specified by him or her.
3. (1) Clause 11 (7) (a) of the Act is amended by striking out "and instructional days" and substituting "instructional days and professional activity days".
(2) Subsection 11 (7.1) of the Act is repealed and the following substituted:
Same
(7.1) A school calendar prepared under a regulation made under clause (7) (d) shall not provide for more than 10 examination days in any school year determined in respect of a school under the regulations made under subsection (7).
4. The Act is amended by adding the following section:
Regulations re provincial interest
11.1 (1) The Lieutenant Governor in Council may make regulations prescribing, respecting and governing the duties of boards, so as to further and promote the provincial interest in education.
Consultation
(2) Before the Lieutenant Governor in Council makes a regulation under subsection (1), the Minister shall consult with,
(a) the Ontario Public School Boards' Association;
(b) the Ontario Catholic School Trustees' Association;
(c) l'Association des conseillères et des conseillers des écoles publiques de l'Ontario;
(d) l'Association franco-ontarienne des conseils scolaires catholiques; and
(e) any other persons and entities that, in the Minister's opinion, have an interest in the proposed regulation.
Notice
(3) The Minister shall give the persons and entities listed in subsection (2) and members of the public notice of the proposed regulation, in the manner he or she considers appropriate, at least 60 days before the regulation is filed with the Registrar of Regulations.
Same
(4) The notice need not contain a draft of the proposed regulation, but shall summarize its content and intended effect.
Exception
(5) Subsections (2), (3) and (4) do not apply if the regulation, in the Minister's opinion,
(a) is needed to deal with an urgent situation;
(b) is needed only to clarify the intent or operation of this Act or the regulations; or
(c) is of a minor or technical nature.
Same
(6) A regulation made under subsection (1) may require a board to,
(a) adopt and implement measures specified in the regulation to ensure that the board's funds and other resources are applied,
(i) effectively, and
(ii) in compliance with this Act, the regulations and the policies and guidelines made under this Act;
(b) adopt and implement measures specified in the regulation to ensure that the board achieves student outcomes specified in the regulation;
(c) adopt and implement measures specified in the regulation to encourage involvement by parents of pupils of the board in education matters specified in the regulation;
(d) adopt and implement measures specified in the regulation with respect to the provision of special education services by the board;
(e) adopt and implement measures specified in the regulation to promote the health of the board's pupils;
(f) adopt and implement measures specified in the regulation to promote the safety of the board's pupils and staff;
(g) publish reports respecting the board's compliance with regulations made under this section, in accordance with such rules about form, frequency and content as may be specified in the regulation.
Same
(7) Without limiting the generality of clause (6) (b), a regulation may,
(a) specify outcomes for elementary school pupils relating to improved literacy and numeracy; and
(b) specify outcomes for secondary school pupils relating to improved graduation rates.
General or particular
(8) A regulation made under subsection (1) may be general or particular.
5. The French version of clause 49.2 (7) (a) of the Act is amended by striking out "révision" and substituting "réexamen".
6. Section 55 of the Act is repealed and the following substituted:
Student Trustees
Student trustees
55. (1) The Minister may make regulations providing for elected student trustees to represent, on district school boards and on boards established under section 67, the interests of pupils in the last two years of the intermediate division and in the senior division.
No membership or binding vote
(2) A student trustee is not a member of the board and is not entitled to exercise a binding vote on any matter before the board or any of its committees.
Recorded vote
(3) A student trustee is entitled to require that a matter before the board or one of its committees on which the student trustee sits be put to a recorded vote, and in that case there shall be,
(a) a recorded non-binding vote that includes the student trustee's vote; and
(b) a recorded binding vote that does not include the student trustee's vote.
Motion
(4) A student trustee is not entitled to move a motion, but is entitled to suggest a motion on any matter at a meeting of the board or of one of its committees on which the student trustee sits, and if no member of the board or committee, as the case may be, moves the suggested motion, the record shall show the suggested motion.
Certain closed meetings
(5) A student trustee is not entitled to be present at a meeting that is closed to the public under clause 207 (2) (b).
Participation
(6) Subject to subsections (2) to (5), a student trustee shall have the same opportunities for participation at meetings of the board and of its committees as a member has.
Resources and training
(7) A student trustee has the same status as a board member with respect to access to board resources and opportunities for training.
Honorarium
(8) A student trustee is entitled to receive an honorarium from the board in accordance with the regulations, if the specified conditions are satisfied.
Regulations
(9) Without limiting the generality of subsection (1), a regulation under that subsection may,
(a) provide for and govern the student trustee election process, which may be direct or indirect;
(b) specify qualifications for electors of student trustees;
(c) specify qualifications for student trustees and the consequences of becoming disqualified;
(d) govern the number of student trustees who may sit on a board;
(e) govern student trustees' terms of office;
(f) authorize boards to reimburse student trustees for all or part of the out-of-pocket expenses reasonably incurred in connection with carrying out their responsibilities, subject to such limitations or conditions as may be specified in the regulation;
(g) provide for transitional matters that, in the Minister's opinion, are necessary or desirable in connection with the implementation of section 6 of the Education Statute Law Amendment Act (Student Performance), 2006.
Same
(10) Without limiting the generality of subsection (1), a regulation under that subsection dealing with the honorarium described in subsection (8) may,
(a) specify a method for calculating the amount of the honorarium;
(b) specify conditions for the purposes of subsection (8);
(c) provide that the honorarium for a student trustee who serves two or more terms shall be multiplied by the number of terms served or increased in some other way;
(d) relate the amount of the honorarium to the honoraria received by members of the board;
(e) govern the manner and timing of payment of the honorarium;
(f) provide for the payment of the honorarium to a third party on the former student trustee's behalf;
(g) prescribe classes of student trustees or former student trustees and treat the members of different classes differently.
Same
(11) Without limiting the generality of clause (9) (a), a regulation under subsection (1) may provide for and govern,
(a) student trustee elections at different times in the school year; and
(b) by-elections to fill vacancies.
Same
(12) In a regulation under subsection (1), the Minister may provide for any matter by authorizing a board to develop and implement a policy with respect to the matter, and may require that the policy comply with policies and guidelines established under paragraph 3.5 of subsection 8 (1).
General or particular
(13) A regulation under subsection (1) may be general or particular.
Transition
(14) The pupil representatives elected or appointed under Ontario Regulation 461/97 for the 2006-2007 school year are deemed to be student trustees elected under this section for that school year.
7. Section 57 of the Act is amended by adding the following subsections:
Appointment
(1.1) The Lieutenant Governor in Council may appoint members to a Special Education Tribunal and specify each member's term of office.
Remuneration and expenses
(1.2) Each member of a Special Education Tribunal shall receive the remuneration that the Lieutenant Governor in Council determines and reimbursement for the member's reasonable and necessary expenses incurred in attending meetings and in transacting the business of the Tribunal.
Chair
(1.3) The Minister may appoint one of the members of a Special Education Tribunal as chair.
Vice-chair
(1.4) The chair of a Special Education Tribunal may appoint one of the members of the Tribunal as vice-chair.
Same
(1.5) Any function, power or duty of the chair of a Special Education Tribunal may, if the chair is absent or unable to act, be exercised by the vice-chair.
8. Subsection 63 (3) of the Act is amended by striking out "subsection (1)" and substituting "subsection (2)".
9. The French version of paragraph 12.1 of subsection 170 (1) of the Act is amended by adding "ou de toute autre infraction prévue par le Code criminel (Canada)" after "(Canada)".
10. Section 170.1 of the Act is repealed and the following substituted:
Class size
Regulations
170.1 (1) The Lieutenant Governor in Council may make regulations,
(a) governing class size in schools of a board;
(b) establishing the methods to be used by a board in determining class size for the purposes of this section;
(c) requiring boards to,
(i) prepare reports and plans containing the specified information relating to class size,
(ii) make the reports and plans available to the public in the specified manner, and
(iii) submit the reports and plans required to the Minister in the specified manner;
(d) defining terms used in this section for the purposes of a regulation made under this section.
General or particular
(2) A regulation made under subsection (1) may be general or particular.
Board duties
(3) Every board shall ensure that class size in its schools conforms to the requirements set out in the regulations made under clause (1) (a).
Transition
(4) A resolution or part of a resolution passed under subsection (4) of this section as it read before the coming into force of section 10 of the Education Statute Law Amendment Act (Student Performance), 2006 has no effect with respect to any school year after the 2005-2006 school year.
11. Sections 170.2, 170.2.1 and 170.2.2 of the Act are repealed and the following substituted:
Minimum teaching time
Regulations
170.2 (1) The Lieutenant Governor in Council may make regulations,
(a) governing the minimum teaching time for teachers in the elementary and secondary schools of a board;
(b) establishing the methods to be used by a board in determining the minimum teaching time for the purposes of this section;
(c) requiring boards to,
(i) prepare reports and plans containing the specified information relating to minimum teaching time,
(ii) make the reports and plans available to the public in the specified manner, and
(iii) submit the reports and plans to the Minister in the specified manner;
(d) defining terms used in this section for the purposes of a regulation made under this section.
General or particular
(2) A regulation made under subsection (1) may be general or particular.
Board duties
(3) Every board shall ensure that the minimum teaching times of its teachers conform to the requirements set out in the regulations made under clause (1) (a).
12. Subsection 171 (1) of the Act is amended by adding the following paragraph:
Instruction by electronic or other means
8.1 provide instruction in courses of study described in paragraph 8, by electronic or other means, to pupils who are not present in the classroom;
13. Section 185 of the Act is amended by striking out "The board of an elementary school" at the beginning and substituting "A board".
14. Subsection 189 (2) of the Act is amended by striking out "for the area in which the board has jurisdiction".
15. Subsections 190 (6) and (7) of the Act are repealed and the following substituted:
Agreements
(6) For the purposes of this section, a board may make an agreement or agreements with a corporation, commission or person for the transportation of pupils.
16. Sections 191 and 191.1 of the Act are repealed and the following substituted:
Honorarium for members of boards
191. (1) A board may pay to each of its members an honorarium in an amount determined by the board.
Additional honorarium for chair and vice-chair
(2) A board may pay to its chair and vice-chair an additional honorarium in an amount determined by the board.
Same
(3) The amount of the additional honorarium payable to the chair may differ from the one payable to the vice-chair.
Regulations
(4) The Minister may make regulations,
(a) setting limits on honoraria paid under this section, and providing a method for calculating those limits;
(b) requiring a board to engage in public consultations before adopting or amending a policy providing for the payment of honoraria under this section;
(c) governing the form of the public consultations, the manner in which they are conducted and their timing, including notice requirements;
(d) respecting the establishment of bodies to represent the public for the purpose of the public consultations;
(e) governing the intervals at which a board may adopt a new policy or amend an existing policy providing for the payment of honoraria under this section.
General or particular
(5) A regulation made under subsection (4) may be general or particular.
Same
(6) Without limiting the generality of subsection (5), a regulation made under subsection (4) may treat district school boards and school authorities differently.
Retroactivity
(7) A regulation made under subsection (4) may be retroactive to a date no earlier than September 1, 2005.
Transition
(8) Despite the repeal of sections 191 and 191.1 by section 16 of the Education Statute Law Amendment Act (Student Performance), 2006, a board may continue to pay honoraria in accordance with section 191 or 191.1, as the case may be, until honoraria may lawfully be paid under section 191, as re-enacted by section 16 of the Education Statute Law Amendment Act (Student Performance), 2006.
17. Subsection 208 (5.1) of the Act is repealed.
18. Subsection 208.1 (3) of the Act is amended by striking out "pupil representatives" and substituting "student trustees".
19. Subsection 229 (3) of the Act is repealed.
20. Sections 230 and 230.1 of the Act are repealed and the following substituted:
Investigation, board compliance with certain requirements
230. The Minister may direct an investigation of a board's affairs if the Minister has concerns that the board may have done or omitted to do something and the act or omission,
(a) contravenes, indicates an intention to contravene or might result in a contravention of paragraph 2 or 3 of subsection 8 (1) or of a regulation made under section 11.1 or 170.1;
(b) makes, indicates an intention to make, or may result in the making of a payment of a type governed by section 191 or 191.2 that does not comply with section 191 or a regulation made under it, or section 191.2, as the case may be; or
(c) applies funds, indicates an intention to apply funds or may result in the application of funds in a manner that contravenes a regulation made under section 234.
21. (1) Subsection 230.2 (1) of the Act is amended by striking out "or 230.1".
(2) Subsection 230.2 (3) of the Act is repealed.
(3) Subsection 230.2 (4) of the Act is amended by striking out "or (3)".
22. Subsection 230.3 (1) of the Act is amended by striking out "or (3)" wherever it appears.
23. (1) Subsection 230.12 (2) of the Act is repealed.
(2) Subsection 230.12 (3) of the Act is repealed and the following substituted:
Personal liability of members of boards
(3) If a board that is subject to an order made under subsection 230.3 (2) applies any of its funds otherwise than as the Minister orders or authorizes, the members of the board who voted for the application are jointly and severally liable for the amount so applied, which may be recovered in a court of competent jurisdiction.
24. (1) Subsection 230.17 (1) of the Act is amended by striking out "or (3), as the case may be".
(2) Subsection 230.17 (3) of the Act is amended by striking out "or (3), as the case may be".
25. Section 230.18 of the Act is amended by striking out "with the exception of regulations made under subsection 230.1 (3)".
26. Subsection 231 (3) of the Act is repealed.
27. Clause 232 (1) (c) of the Act is repealed.
28. Subsection 234 (1) of the Act is repealed and the following substituted:
Legislative grants
(1) Subject to subsections (2) and (3), the Lieutenant Governor in Council may make regulations governing the making of grants, from money appropriated by the Legislature,
(a) for educational purposes;
(b) for the construction of child care facilities;
(c) for the construction of facilities for the co-ordination and provision of services and programs that,
(i) promote healthy emotional, social and physical development in children,
(ii) help children succeed in school, or
(iii) provide other assistance, advice, education or training relating to the care and development of children;
(d) to allow community groups to use school buildings and premises.
Same
(1.1) Clauses (1) (b) and (c) apply in respect of grants that are payable on and after the commencement of the 2005-2006 school board fiscal year.
Same
(1.2) Clause (1) (d) applies in respect of grants that are payable on and after the commencement of the 2004-2005 school board fiscal year.
29. Subsections 241 (8) and (9) of the Act are repealed.
30. Subsections 243 (4) and (8) of the Act are repealed.
31. Subsections 252 (5) and (6) of the Act are repealed.
32. Subsection 253 (2) of the Act is repealed.
33. Subsections 257.11 (9), (10) and (11) of the Act are repealed.
34. (1) Subsection 257.45 (2) of the Act is repealed.
(2) Subsection 257.45 (3) of the Act is repealed and the following substituted:
Personal liability of members of the board
(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 the Minister orders or authorizes, the members of the board who voted for the application are jointly and severally liable for the amount so applied, which may be recovered in a court of competent jurisdiction.
35. (1) The definition of "record" in subsection 266 (1) of the Act is amended by striking out "265 (d)" and substituting "265 (1) (d)".
(2) Clause 266 (2) (a) of the Act is amended by striking out "subsections (2.1), (3) and (5)" and substituting "subsections (2.1), (3), (5), (5.1), (5.2) and (5.3)".
(3) Clause 266 (2) (b) of the Act is amended by striking out "subsection (5)" and substituting "subsections (5), (5.1), (5.2) and (5.3)".
(4) Subsection 266 (5) of the Act is repealed and the following substituted:
Reference to supervisory officer
(5) If the principal refuses to comply with a request under subsection (4), the pupil, parent or guardian who made the request may, in writing, require the principal to refer it to the appropriate supervisory officer.
Same
(5.1) The supervisory officer shall consider the request and shall,
(a) require the principal to comply with the request; or
(b) submit the record and the request to a person designated by the Minister.
Hearing
(5.2) Subject to subsection (5.3), on receiving the record and request under clause (5.1) (b), the designated person shall hold a hearing, at which the principal and the person who made the request have the rights of parties, and the designated person shall decide the matter, and his or her decision is final and binding.
Exception
(5.3) The designated person may refuse to hold a hearing if,
(a) in his or her opinion, the request is trivial, frivolous or vexatious; or
(b) the request is for the removal of information from a record and, in his or her opinion, a guideline made under paragraph 27 of subsection 8 (1) requires that the information be included in the record.
(5) Subsection 266 (12) of the Act is amended by striking out "and (5)" and substituting "(5), (5.1), (5.2) and (5.3)".
36. Subsection 266.3 (3) of the Act is amended by adding "or entity" after "person".
37. Clause 266.5 (1) (b) of the Act is amended by striking out "persons or classes of persons" and substituting "persons, entities, classes of persons or classes of entities".
38. The Act is amended by adding the following Part:
PART X.0.1
NEW TEACHER INDUCTION
Interpretation
267. (1) In this section and in sections 268 to 276.2, every reference to a board shall be read as a reference to a board, the Provincial Schools Authority and a demonstration school established or continued under section 13.
Definitions
(2) In this Part,
"new teacher" means,
(a) a teacher who is employed as a teacher by a board and whose new teaching period has not elapsed, or
(b) any other teacher who is prescribed as a new teacher for the purposes of this Part; ("nouvel enseignant")
"new teaching period" means, with respect to a teacher, the 24-month period that follows the day on which the teacher first begins to teach for a board, other than as an occasional teacher. ("nouvelle période d'enseignement")
Same
(3) A temporary teacher is not a new teacher within the meaning of the definition of "new teacher" in subsection (2) unless the regulations prescribe the temporary teacher for the purposes of clause (b) of the definition.
Same
(4) A teacher who is a new teacher within the meaning of the definition of "new teacher" in subsection (2) ceases to be a new teacher when,
(a) he or she successfully completes the new teacher induction program; or
(b) subject to any extension provided for in the regulations, his or her new teaching period has elapsed.
Same
(5) For greater certainty, a teacher does not have more than one new teaching period.
New teacher induction program
268. (1) Every board shall establish a new teacher induction program.
Content of program
(2) A new teacher induction program shall contain the following elements:
1. An orientation for new teachers.
2. Mentoring for new teachers.
3. Professional development and training appropriate for new teachers.
4. Such other elements as are prescribed.
Board to offer program
(3) Every board shall offer the new teacher induction program to each new teacher for the 12 months that follow the date on which the teacher first begins to teach for the board.
Extension
(4) A board shall offer the program to a new teacher for a second 12-month period if the teacher does not successfully complete the program in the first 12-month period.
Principal's role
269. (1) The principal assigned to the school to which a new teacher is assigned shall, as soon as possible after the new teacher first begins to teach, determine which elements of the new teacher induction program offered by the board are appropriate for that teacher to participate in and inform the teacher of that determination.
Same
(2) In making a determination under subsection (1) with respect to a new teacher who was previously assigned to a different school, the principal shall take into account,
(a) any elements of the new teacher induction program that the teacher participated in at the previous school; and
(b) the results of any performance appraisals conducted in respect of the teacher at the previous school.
Same
(3) The principal may, at any time while a new teacher is participating in the program, revise a determination made under subsection (1) in light of circumstances relating to the teacher's development and, whenever he or she does so, shall inform the teacher as soon as possible.
Teacher participation
270. (1) Every new teacher shall participate in the following elements of the new teacher induction program:
1. The elements that the principal has determined to be appropriate under section 269.
2. The elements in which the regulations require the teacher or a class to which the teacher belongs to participate.
Completion of program
(2) A new teacher successfully completes the program when he or she receives two satisfactory ratings in performance appraisals under Part X.2 no later than the end of his or her new teaching period, subject to any extension provided for in the regulations.
Participation a factor in appraisals
(3) A principal shall take a teacher's participation in the new teacher induction program in accordance with subsection (1) into account when conducting a performance appraisal of a new teacher under Part X.2.
Minister's guidelines
271. (1) The Minister may issue guidelines respecting new teacher induction programs and boards shall comply with those guidelines.
Same
(2) The Regulations Act does not apply to a guideline of the Minister under this section.
Board to report to College
272. When a new teacher successfully completes the program, the board shall, within 60 days, inform the Ontario College of Teachers of that fact.
Regulations
273. (1) The Lieutenant Governor in Council may make regulations,
(a) governing elements of the new teacher induction program, including, but not limited to, prescribing additional elements that a new teacher induction program shall contain;
(b) requiring a new teacher to participate in specified elements of the new teacher induction program;
(c) prescribing teachers as new teachers for the purposes of clause (b) of the definition of "new teacher" in subsection 267 (2);
(d) 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;
(e) providing for extensions to a teacher's new teaching period for the purposes of extending the time in which,
(i) the teacher is a new teacher, and
(ii) the teacher may successfully complete the new teacher induction program.
Same
(2) A regulation that may be made under subsection (1) with respect to a teacher may be made with respect to a class of teachers.
Transitional provisions
Interpretation
274. In this section and in sections 275 to 276.2,
"changeover date" means, with respect to a board, the date on which the board implements the new teacher induction program required under this Part; ("date du changement")
"new section 277.29" means section 277.29 as it reads on the coming into force of section 42 of the Education Statute Law Amendment Act (Student Performance), 2006; ("nouvel article 277.29")
"old section 277.29" means section 277.29 as it read immediately before the coming into force of section 42 of the Education Statute Law Amendment Act (Student Performance), 2006. ("ancien article 277.29")
Implementation of program
275. (1) Every board shall implement the new teacher induction program required under this Part by the later of,
(a) the commencement of the 2006-2007 school year; and
(b) the day that is one week after the day the Education Statute Law Amendment Act (Student Performance), 2006 receives Royal Assent.
Board to inform Minister and new teachers
(2) Every board shall inform the following people, in writing and with reasonable notice, of the date on which it intends to implement the program:
1. The Minister.
2. Every teacher who the board reasonably expects will, on that date, be a new teacher within the meaning of the definition of "new teacher" in subsection 267 (2).
3. Every teacher who, immediately before that date, is new to the profession or new to the board under old section 277.29.
Application of old s. 277.29
276. (1) Old section 277.29 continues to apply with respect to a board until immediately before the board's changeover date.
New teachers
(2) For greater certainty, a teacher shall continue to be considered "new to the board" and "new to the profession" in accordance with old section 277.29 until the changeover date of the board that employs him or her.
Application of regulation
(3) If Ontario Regulation 99/02 (Teacher Performance Appraisal) is amended after the day the Education Statute Law Amendment Act (Student Performance), 2006 receives Royal Assent, that regulation as it read immediately before any such amendment continues to apply for the purposes of teacher performance appraisals conducted under old section 277.29 until the board's changeover date.
Application of new s. 277.29: changeover date
(4) New section 277.29 applies with respect to a board on the board's changeover date.
Teacher new to the board
276.1 Where a teacher was new to a board within the meaning of old section 277.29 immediately before the board's changeover date, the following rules apply:
1. If the teacher received one or more ratings that were not unsatisfactory in performance appraisals conducted before the changeover date, the evaluation cycle set out in Ontario Regulation 99/02 (Teacher Performance Appraisal) begins on the changeover date unless paragraph 2 applies.
2. If a teacher's rating in the most recent performance appraisal conducted before the changeover date was unsatisfactory, the teacher is subject to the process following an unsatisfactory rating set out in sections 277.35 to 277.40 and any actions already started with respect to the teacher under those sections continue on and after the changeover date.
Teacher new to the profession
Deemed completion of program
276.2 (1) Where a teacher was new to the profession within the meaning of old section 277.29 immediately before the board's changeover date and before that date received two or more ratings that were not unsatisfactory, the following rules apply:
1. The teacher is deemed to have successfully completed the new teacher induction program.
2. The evaluation cycle set out in Ontario Regulation 99/02 (Teacher Performance Appraisal) begins on the changeover date unless paragraph 3 applies.
3. If the teacher's rating in the most recent performance appraisal conducted before the changeover date was unsatisfactory, the teacher is subject to the process following an unsatisfactory rating set out in sections 277.35 to 277.40 and any actions already started with respect to the teacher under those sections continue on and after the changeover date.
New teacher status
(2) Where a teacher was new to the profession within the meaning of old section 277.29 immediately before the board's changeover date and before that date did not receive two or more ratings that were not unsatisfactory, the teacher shall be considered a new teacher within the meaning of this Part and the following rules apply:
1. If, before the changeover date, the teacher had received a rating in a performance appraisal that was not unsatisfactory, that rating shall be considered a satisfactory rating for the purposes of the two satisfactory ratings required to successfully complete the new teacher induction program.
2. Subject to paragraph 3, if the teacher's rating in the most recent performance appraisal conducted before the changeover date was unsatisfactory and the teacher was subject to the process following an unsatisfactory rating set out in sections 277.35 to 277.38, on and after the changeover date,
i. the teacher is subject to performance appraisals under new section 277.29,
ii. the teacher is deemed to have received a rating that is not satisfactory under new section 277.29,
iii. the teacher is subject to the process following an initial rating that is not satisfactory for new teachers set out in sections 277.40.1 to 277.40.5 and the principal shall, promptly after the changeover date, provide the teacher and the appropriate supervisory officer with the enrichment plan required under clause 277.40.1 (2) (g), and
iv. any actions that had already started with respect to the teacher under sections 277.35 to 277.40 are cancelled.
3. If the teacher's rating in the most recent performance appraisal conducted before the changeover date was unsatisfactory and the termination of the teacher's employment had been recommended under subsection 277.38 (5) or (9) or was required to be recommended, the teacher is subject to section 277.39 on and after the changeover date and any actions already started with respect to the teacher under that section continue.
39. Section 277.11 of the Act is amended by adding the following subsection:
Exception for two-year agreements
(6) Despite subsection (5) and subsection 58 (5) of the Labour Relations Act, 1995, the parties to a collective agreement entered into on or after September 1, 2004 that provides or is deemed to provide for a term of operation of two years may, by mutual consent before the collective agreement has ceased to operate, continue the term of operation of the agreement for a period of two years.
40. Subsection 277.15 (1) of the Act is amended by adding the following definition:
"new teacher" has the same meaning as in Part X.0.1; ("nouvel enseignant")
41. Subsection 277.21 (7) of the Act is repealed.
42. Sections 277.28, 277.29 and 277.30 of the Act are repealed and the following substituted:
Performance Appraisals
Appraisals, teachers other than new teachers
277.28 Performance appraisals of teachers, other than new teachers, shall be conducted in accordance with Ontario Regulation 99/02 (Teacher Performance Appraisal).
New teacher appraisals
277.29 (1) Every board shall ensure that each new teacher employed by it is scheduled for two performance appraisals in the first 12-month period following his or her beginning to teach.
Additional appraisals
(2) If a new teacher does not successfully complete the new teacher induction program in the first 12-month period, the board shall ensure that the teacher is scheduled for further appraisals according to the following schedule:
1. If the teacher received two ratings that were not satisfactory and was placed on review as a result of the second such rating, a third appraisal within 120 school days of the day on which the teacher is notified that he or she is on review status.
2. If the teacher received one not satisfactory rating and one satisfactory rating in the first 12-month period, a third appraisal within 120 school days of the commencement of the second 12-month period following the teacher's beginning to teach.
3. A fourth appraisal, if needed, within 120 school days of the third appraisal but no later than the end of the second 12-month period following the teacher's beginning to teach.
Principal to conduct appraisal
(3) The performance appraisals required under this section shall be conducted by the principal assigned to the school to which the new teacher is assigned.
Principal may determine timing
(4) 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.
Written notice of rating
(5) The principal shall give the teacher written notice of the rating determined for each performance appraisal conducted under this section.
Extension of time
(6) If the board extends the teacher's new teaching period in accordance with the regulations, the extension also applies to the period of 120 school days within which an appraisal mentioned in paragraph 1, 2 or 3, as the case may be, of subsection (2) must be scheduled.
Evaluation cycle begins
277.30 On the day a person ceases to be a new teacher, the evaluation cycle set out in Ontario Regulation 99/02 (Teacher Performance Appraisal) begins to run for him or her.
43. (1) Subsections 277.31 (2) and (3) of the Act are repealed and the following substituted:
Rating scale
(2) Without limiting the generality of clause (1) (b), regulations under that clause shall provide for,
(a) which rating or ratings shall be considered unsatisfactory for the purposes of this Part; and
(b) with respect to new teachers, which rating or ratings shall be considered not satisfactory or unsatisfactory for the purposes of this Part.
(2) Subsections 277.31 (8) and (9) of the Act are repealed and the following substituted:
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, a new teacher receiving a rating that is not satisfactory or in recommending or determining that any teacher's employment should be terminated.
General or particular
(9) A regulation under subsection (1) may be general or particular in its application and may apply in respect of any class of matter, person or thing and, for that 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.
44. Subsection 277.32 (6) of the Act is repealed and the following substituted:
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, a new teacher receiving a rating that is not satisfactory or in recommending or determining that any teacher's employment should be terminated.
45. Subsection 277.36 (1) of the Act is repealed and the following substituted:
Initial unsatisfactory rating
(1) This section applies when a principal conducting a performance appraisal of a teacher, other than a new teacher, under Ontario Regulation 99/02 (Teacher Performance Appraisal) determines that the rating is unsatisfactory.
46. The Act is amended by adding the following sections:
Process Following Rating That is Not Satisfactory - New Teachers
Initial not satisfactory rating
277.40.1 (1) This section applies when a principal conducting a performance appraisal of a new teacher under section 277.29 determines that the rating is not satisfactory and it is the new teacher's first such rating.
Duties of principal
(2) Within 15 school days of determining that a performance appraisal of a new teacher has resulted in a rating that is not satisfactory, the principal shall,
(a) give the teacher written notice of the not satisfactory rating and explain the reasons for the not satisfactory 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 and in accordance with any guidelines issued by the Minister,
(i) determine which elements of the new teacher induction program offered by the board are appropriate for the teacher to participate in to improve his or her performance, and
(ii) develop an enrichment plan based on participation in those elements;
(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 the enrichment plan required under subclause (d) (ii).
Second not satisfactory rating
277.40.2 (1) This section applies when a principal conducting a performance appraisal of a new teacher under section 277.29 determines that the rating is not satisfactory, with the result that the teacher has received two not satisfactory ratings under this Part.
Duties of principal
(2) Within 15 school days of determining that a performance appraisal of a new teacher has resulted in a not satisfactory rating, the principal shall,
(a) give the teacher written notice of the not satisfactory rating, explain the reasons for the not satisfactory 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).
Review status
277.40.3 (1) Throughout any period during which a new 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, further appraisals
(3) Subject to subsection (5), after a new teacher is advised that he or she is on review status, the principal shall conduct a further performance appraisal, which shall occur,
(a) in the case of a teacher who is placed on review status as a result of a not satisfactory rating in his or her second performance appraisal in the first 12-month period following his or her beginning to teach, within 120 school days of the day on which the teacher is advised that he or she is on review status;
(b) in the case of a teacher who is placed on review status as a result of a not satisfactory rating in his or her third performance appraisal, during the 120 school days following the teacher's third performance appraisal but no later than the end of the second 12-month period following the teacher's beginning to teach.
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 (5) to (14) and section 277.40.4 do not apply.
Recommendation of termination, no further 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 further 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 further 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
277.40.4 (1) A board that receives a recommendation to terminate a new teacher's employment under section 277.40.3 shall determine, based on the competencies provided for under clauses 277.31 (1) (a) and 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 277.40.3 (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 277.40.3 (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) 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
277.40.5 (1) Where a board terminates a new teacher's employment under section 277.40.4, 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 new 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.
47. The French version of section 277.41 of the Act is amended by adding "de la présente partie ou des règlements pris, des lignes directrices données et" after "prétendue violation".
48. (1) Subsection 277.43 (1) of the Act is amended by striking out "a teacher" in the portion before clause (a) and substituting "a teacher, other than a new teacher".
(2) Section 277.43 of the Act is amended by adding the following subsection:
Boards to request documents re new teachers
(1.1) A board that is contemplating employing a new teacher shall contact the last board that employed the teacher, if any, in order to request,
(a) information about the elements of the new teacher induction program that the teacher was required to participate in at the board in accordance with section 270;
(b) copies of the performance appraisal documents that are in the possession of the board that relate to performance appraisals of the teacher conducted by the board;
(c) copies of all documents relied on in conducting performance appraisals of the teacher;
(d) copies of any enrichment plan prepared for the teacher under clause 277.40.1 (2) (g) and any improvement plan prepared for the teacher under clause 277.40.2 (2) (g);
(e) 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
(f) 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.
(3) Subsection 277.43 (2) of the Act is repealed and the following substituted:
Response of previous board employer
(2) A board that receives a request under subsection (1) or (1.1) 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.
49. The French version of subsection 309 (7) of the Act is amended by striking out "il fait ce qui suit" in the portion before clause (a) and substituting "il prend l'une ou l'autre des mesures suivantes".
50. Sections 313 and 314 of the Act are repealed.
PART II
AMENDMENTS TO ONTARIO COLLEGE
OF TEACHERS ACT, 1996
51. Clause 4 (2) (a) of the Ontario College of Teachers Act, 1996 is amended by striking out "17" and substituting "23".
52. The Act is amended by adding the following sections:
Oath
4.1 Before taking up his or her duties, every person elected or appointed to the Council shall swear an oath or affirm in the manner and form and within the time period that is prescribed by the regulations.
Duties of Council members
4.2 Every member of the Council shall, in carrying out his or her duties,
(a) serve and protect the public interest; and
(b) act in accordance with such conflict of interest rules as may be prescribed by the regulations.
53. (1) Subsection 5 (2) of the Act is amended by striking out "10 consecutive years" and substituting "seven consecutive years".
(2) Section 5 of the Act is amended by adding the following subsection:
Transition
(3) The following transitional rules apply with respect to Council members who are serving on the day section 53 of the Education Statute Law Amendment Act (Student Performance), 2006 comes into force and, as a result of that amendment, are ineligible to be Council members because they have served for more than seven consecutive years:
1. With respect to an elected member of Council, the member may, despite subsection (2), continue to serve until the day before the first regular meeting of the Council held after the Council election next following the day section 53 of the Education Statute Law Amendment Act (Student Performance), 2006 comes into force.
2. With respect to an appointed member of Council, the member may, despite subsection (2), continue to serve until his or her term, as provided for in his or her appointment, ends.
54. The Act is amended by adding the following Part:
PART II.1
PUBLIC INTEREST COMMITTEE
Public Interest Committee established
17.1 (1) A committee to be known in English as the Public Interest Committee and in French as comité de protection de l'intérêt public is established.
Composition
(2) The Minister shall appoint no fewer than three and no more than five persons who are not members of the College to the Committee and shall designate one of those persons as the Chair of the Committee.
Same
(3) Appointments and designations by the Minister under subsection (2) shall be in accordance with the regulations, if any.
Term of office
(4) No term of a member of the Committee shall exceed three years, except as permitted by regulation.
Multiple terms
(5) A person may be a Committee member for more than one term but no person may be a Committee member for more than six consecutive years.
Duties
(6) The Committee shall,
(a) advise the Council with respect to the duty of the College and the members of the Council to serve and protect the public interest in carrying out the College's objects; and
(b) perform such other duties as may be prescribed by the regulations.
55. The Act is amended by adding the following section immediately after the heading "PART III - REGISTRATION":
Procedures to be fair and open
17.2 (1) Any power that may be exercised and any duty that must be performed under this Part shall be exercised or performed fairly and in a manner such that any decisions made with respect to an applicant are transparent to and understandable by that applicant, with due regard to his or her individual circumstances.
Standards
(2) The Council shall make regulations, subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, establishing standards, practices and procedures to ensure that the requirements of subsection (1) are fulfilled.
56. Section 18 of the Act is amended by adding the following subsection:
Notation of new teacher program
(1.1) When the College is notified by a board that a member has successfully completed the new teacher induction program under the Education Act, the Registrar shall note that fact on the member's certificate.
57. Section 23 of the Act is amended by adding the following subsection:
New teacher program
(2.1) In the case of a member who has successfully completed the new teacher induction program under the Education Act, the Registrar shall, within 60 days of receiving notice that the member has done so, note that information on the register and such information is not subject to removal by by-law.
58. (1) Subsection 40 (1) of the Act is amended by adding the following paragraphs:
4.1 prescribing rules for candidates for election to the Council;
4.2 prescribing the form of the oath or affirmation required under section 4.1, the manner in which it shall be made and the time period within which it shall be made;
4.3 setting out procedures for the purposes of determining whether a member has contravened the oath or affirmation required under section 4.1;
4.4 governing conflict of interest with respect to members of the Council and for members of committees, including, but not limited to, prescribing conflict of interest rules or guidelines and setting out procedures for the purposes of determining whether the rules or guidelines have been broken;
(2) Subsection 40 (1) of the Act is amended by adding the following paragraph:
6.1 extending the term of office of members of the Public Interest Committee;
(3) Paragraph 9 of subsection 40 (1) of the Act is amended by striking out "and the Fitness to Practise Committee" and substituting "the Fitness to Practise Committee and the Public Interest Committee".
(4) Paragraph 10 of subsection 40 (1) of the Act is amended by adding "other than the Public Interest Committee" at the end.
(5) Paragraph 11 of subsection 40 (1) the Act is amended by adding "other than the Public Interest Committee" at the end.
(6) Paragraph 14 of subsection 40 (1) of the Act is amended by adding "other than the Public Interest Committee" at the end.
(7) Subsection 40 (1) of the Act is amended by adding the following paragraphs:
14.1 prescribing additional duties of the Public Interest Committee;
14.2 requiring that a panel established to hear or review a matter relating to a principal or vice-principal must include a principal or vice-principal;
(8) Section 40 of the Act is amended by adding the following subsection:
Due process
(1.0.1) Without limiting the generality of paragraphs 4.3, 4.4 and 5 of subsection (1), a regulation made under any of those paragraphs shall provide for procedures by which a member may appeal a determination that is adverse to him or her.
59. (1) Paragraph 5 of subsection 41 (1) of the Act is amended by striking out "for members of the Council, for members of committees and".
(2) Paragraph 8 of subsection 41 (1) of the Act is amended by adding "or the Minister" after "Lieutenant Governor in Council".
(3) Paragraph 17.1 of subsection 41 (1) of the Act is amended by adding "other than the Public Interest Committee" after "a committee established under this Act".
(4) Paragraph 21 of subsection 41 (1) of the Act is amended by adding "other than the Public Interest Committee" at the end.
(5) Paragraph 23 of subsection 41 (1) of the Act is amended by adding "other than the Public Interest Committee" after "any committee".
(6) Paragraph 26 of subsection 41 (1) of the Act is amended by adding "other than the Public Interest Committee" at the end.
60. (1) Subsection 42 (1) of the Act is amended by adding the following clause:
(b.1) respecting the appointment and remuneration of persons to the Public Interest Committee and the designation of the Chair of the Committee, including, but not limited to, regulations specifying how different interests are to be represented on the Committee;
(2) Clauses 42 (1) (c) and (d) of the Act are repealed.
(3) Subsections 42 (2) and (3) of the Act are repealed.
61. Sections 59 and 61 of the Act are repealed.
62. Subsection 62 (5) of the Act is repealed.
PART III
AMENDMENTS TO OTHER STATUTES
Education Accountability Act, 2000
63. Section 19 of the Education Accountability Act, 2000 is repealed.
Education Quality Improvement Act, 1997
64. Subsection 121 (2) of the Education Quality Improvement Act, 1997 is repealed.
Provincial Schools Negotiations Act
65. Clause (c) of the definition of "school" in section 1 of the Provincial Schools Negotiations Act is amended by adding "and Long-Term Care" at the end.
The Upper Canada College Act
66. (1) Section 2 of The Upper Canada College Act, being chapter 373 of the Revised Statutes of Ontario, 1937, is amended by striking out "seventeen" and substituting "fifteen".
(2) Clause 3 (1) (a) of the Act is amended by striking out "Six" in the portion before subclause (i) and substituting "Four".
(3) Subclauses 3 (1) (a) (ii) and (v) of the Act are repealed.
(4) Section 15 of the Act is amended by striking out "With the consent of the Lieutenant Governor in Council".
PART IV
CONSEQUENTIAL AMENDMENT, COMMENCEMENT AND SHORT TITLE
Reference to Regulations Act
67. (1) Subsections (2) and (3) apply only if Bill 14 ( An Act to promote access to justice by amending or repealing various Acts and by enacting the Legislation Act, 2006) , introduced on October 27, 2005, receives Royal Assent.
Same
(2) References in subsection (3) to provisions of Bill 14 are references to those provisions as they were numbered in the first reading version of the Bill.
Same
(3) On the later of the day this Act comes into force and the day Part III of Schedule F to Bill 14 comes into force, subsection 271 (2) of the Education Act is amended by striking out "The Regulations Act" and substituting "Part III (Regulations) of the Legislation Act, 2006".
Commencement
68. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Sections 2, 6, 16, 18, 38, 40 to 46, 48, 56 and 57 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
69. The short title of this Act is the Education Statute Law Amendment Act (Student Performance), 2006.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 78 and does not form part of the law. Bill 78 has been enacted as Chapter 10 of the Statutes of Ontario, 2006.
The Bill amends the Education Act, the Ontario College of Teachers Act, 1996 and four other Acts.
Education Act amendments
Part I of the Bill makes numerous amendments to the Education Act, including the following:
1. New section 11.1 is added, authorizing the Lieutenant Governor in Council to make regulations "prescribing, respecting and governing the duties of boards, so as to further and promote the provincial interest in education". Subsection 11.1 (6) lists some of the matters that these regulations may deal with.
2. Section 55 currently authorizes regulations made by the Lieutenant Governor in Council to provide for pupil representatives on boards. The section is rewritten to provide for regulations made by the Minister and for an expanded role for the representatives, now called "student trustees".
3. The provisions of section 170.1 that set out maximum class sizes are replaced by provisions authorizing the Lieutenant Governor in Council to make regulations governing class size.
4. Sections 170.2, 170.2.1 and 170.2.2, which deal with minimum teaching time, are replaced by new section 170.2 authorizing the Lieutenant Governor in Council to deal with the matter by regulation.
5. New section 191 authorizes the Minister to make regulations setting limits on honoraria paid to trustees and requiring public consultations before a board adopts or amends a policy providing for payment of honoraria. This replaces existing sections 191 (which sets limits on honoraria for trustees of district school boards) and 191.1 (which deals with honoraria for trustees of school authorities).
6. Part VIII (Compliance with Board Obligations) sets out a procedure under which the Minister may take control of the affairs of a board. The first step in the procedure is set out in section 230, which allows the Minister to direct an investigation of a board's affairs if he or she has concerns about contraventions of listed provisions of the Act and regulations. The list in section 230 is amended to include contravention of a regulation made under new section 11.1 (regulations respecting the provincial interest in education) and to exclude contraventions of provisions related to co-instructional activities and minimum teaching time. Section 230.1, which provides for a complaints procedure, is repealed. The penalty provisions currently found in subsection 230.12 (2) and clause 230.12 (3) (b) are removed. (Similar penalty provisions in Division D (Supervision of Boards' Financial Affairs) of Part IX (Finance), namely subsection 257.45 (2) and clause 257.45 (3) (b), are also removed.)
7. Subsection 234 (1) currently allows the Lieutenant Governor in Council to make regulations governing the making of grants for educational purposes. This is expanded to allow, as well, regulations governing the making of grants for the construction of child care facilities, for the construction of facilities for the co-ordination and provision of child development and parenting services and programs, and to allow community groups to use school buildings and premises.
8. New Part X.0.1 (New Teacher Induction) is added. This requires boards to provide programs including orientation, mentoring and professional development for "new teachers", those in their first 24 months of teaching. Section 10.1, which currently requires teachers to pass a qualifying test before receiving professional certificates for teaching, is replaced by a new section 10.1 that authorizes the Minister to require boards to report on their new teacher induction programs and further develop those programs if the reports indicate deficiencies.
9. Part X.2 (Teacher Performance Appraisal) is amended to provide a separate performance appraisal process for new teachers, and to provide that performance appraisals for teachers other than new teachers are to be conducted in accordance with the regulations.
10. Part I of the Bill also makes a variety of technical amendments to the Act, including amendments to: correct cross-references; repeal transitional and spent provisions; and align the French and English versions more closely.
Amendments to Ontario College of Teachers Act, 1996
Part II of the Bill amends the Ontario College of Teachers Act, 1996 to change the number, duties and term of office of members of the Council established under that Act. It also amends the Act to provide for a new Public Interest Committee, consisting of persons appointed by the Minister who are not members of the College, and to remove transitional or spent provisions.
Amendments to other Acts
Part III of the Bill makes minor amendments to the Education Accountability Act, 2000, the Education Quality Improvement Act, 1997 and the Provincial Schools Negotiations Act. The Upper Canada College Act (chapter 373 of the Revised Statutes of Ontario, 1937) is amended to remove the Minister from the college's board of governors and to allow the college to dispose of land without the consent of the Lieutenant Governor in Council.