Bill 154 2011

An Act to amend the Education Act to allow boards to determine, levy and collect rates for the renewal and maintenance of school facilities

Note: This Act amends the Education Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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:

   1.  Subsection 234 (14) of the Education Act is amended by striking out "and in Division F" in the portion before the definition of "education funding".

   2.  (1)  Subsection 257.16 (1) of the Act is amended by striking out "for its purposes" and substituting "for the renewal and maintenance of a board's school facilities", and by striking out "for the board's purposes".

   (2)  Subsection 257.16 (2) of the Act is amended by striking out "for its purposes" and substituting "for the renewal and maintenance of a Roman Catholic board's school facilities".

   (3)  Section 257.16 of the Act is amended by adding the following subsections:

Interpretation

   (3)  For the purposes of this section, the renewal and maintenance of school facilities includes the following:

    1.  Work on school sites that provides or is capable of providing pupil accommodation, including additions or improvements to the school sites.

    2.  Work on school buildings, fixtures in school buildings or fixtures on school properties, including additions, alterations, renovations or major repairs to school buildings, fixtures in school buildings or fixtures on school properties.

    3.  The installation of equipment, fixtures or other things on school properties to supply school buildings on the properties with water, sewer, septic, electrical, heating, cooling, natural gas, telephone or cable services.  The installation may include alterations, replacements or major repairs to existing installations.

    4.  Changes to the level, drainage or surface of school properties.

Financial plan

   (4)  A board shall not determine rates or collect subscriptions under this Division unless the board first submits a financial plan to the Ministry in accordance with the regulations and posts the plan on its website.

Limitation on rates

   (5)  A board shall not determine rates of more than 5 per cent of the total assessment for real property that is rateable as provided in section 257.17.

Separate account

   (6)  A board that raises any money under this Division shall hold the money in a separate account of the board to use for the renewal and maintenance of the board's school facilities.

Report

   (7)  A board that raises any money under this Division shall, at the end of the board's fiscal year following the year in which the money was raised, submit a report to the Minister specifying how the money was used and shall post a copy of the report on its website.

   3.  Section 257.17 of the Act is amended by striking out "for a board's purposes" in the portion before paragraph 1.

   4.  (1)  Subsection 257.19 (1) of the Act is amended by striking out "for school purposes".

   (2)  Subsection 257.19 (2) of the Act is amended by striking out "for school purposes".

   5.  (1)  Subsection 257.25 (1) of the Act is amended by striking out "school purpose".

   (2)  Subsection 257.25 (2) of the Act is amended by striking out "school purpose".

   (3)  Subsection 257.25 (4) of the Act is repealed and the following substituted:

Definition

   (4)  In subsection (1),

"tax ratio" means the ratio that the rate levied under this Division for each property class prescribed under subsection (1) must be to the rate levied under this Division for the residential property class.

   6.  Subsection 257.27 (1) of the Act is amended by adding the following clause:

  (e)  respecting what is to be included in a financial plan under subsection 257.16 (4).

   7.  Division F of Part IX (section 257.106) of the Act is repealed.

Commencement

   8.  This Act comes into force on the day it receives Royal Assent.

Short title

   9.  The short title of this Act is the Education Amendment Act (Renewal and Maintenance of School Facilities), 2011.

EXPLANATORY NOTE

The Bill repeals Division F of Part IX of the Education Act in order to allow school boards to determine rates and collect subscriptions under Division C of Part IX of the Act.  The Bill amends subsections 257.16 (1) and (2) to restrict the purposes for which boards can determine rates and collect subscriptions to that of renewal and maintenance of school facilities.

The Bill also adds five new subsections to section 257.16 of the Act.  Subsection 257.16 (3) explains the meaning of renewal and maintenance of school facilities.  Subsection 257.16 (4) requires that, before a board raises any money, the board shall submit a financial plan to the Ministry in accordance with the regulations.  Subsection 257.16 (5) imposes a limit on the rates boards may determine.  Subsection 257.16 (6) requires that any money raised for the renewal and maintenance of school facilities be placed in a separate account of the board.  Subsection 257.16 (7) requires a board that raises money under Division C to submit a report to the Minister specifying how the money gets used and to post a copy of the report on the board's website.