Bill 29 2011

An Act to amend the Education Act in respect of extended day programs

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.  (1)  Section 259 of the Education Act is amended by adding the following subsection:

Exception

   (1.1)  Despite subsection (1), every board shall ensure that a third party program is operated in every school of the board if a third party program was in operation in that school on September 1, 2011.

   (2)  Section 259 of the Act is amended by adding the following subsection:

Exception

   (2.1)  Despite subsection (2), if a board provided a third party program in a school of the board on September 1, 2011, the board shall, if it decides to provide a program in that school, ensure that a third party program is operated in the school.

   (3)  Section 259 of the Act is amended by adding the following subsection:

Same

   (4.1)  Despite subsection (4), if a board had an agreement to provide a third party program for pupils enrolled in a school of another board on September 1, 2011, the board must, if it agrees to provide a program for such pupils, ensure that a third party program is operated in a school of the board.

   2.  (1)  Paragraph 1 of subsection 259.3 (1) of the Act is amended by striking out "under subsection 259 (1)" and substituting "under subsection 259 (1) or (1.1)".

   (2)  Paragraph 2 of subsection 259.3 (1) of the Act is amended by striking out "under subsection 259 (1)" in the portion before subparagraph i and substituting "under subsection 259 (1) or (1.1)".

   3.  Subsection 260.4.1 (1) of the Act is amended by striking out "under subsection 259 (1)" at the end and substituting "under subsection 259 (1) or (1.1)".

Commencement

   4.  This Act comes into force 60 days after the day it receives Royal Assent.

Short title

   5.  The short title of this Act is the Protection of Child Care Centres Act (Extended Day Programs), 2011.

EXPLANATORY NOTE

Currently, subsection 259 (1) of the Education Act requires boards to operate an extended day program or ensure that a third party program is operated for pupils enrolled in junior kindergarten and kindergarten in each elementary school of the board.  The Act is amended to require boards to ensure that third party programs are operated in schools where third party programs were in operation on September 1, 2011. (new subsection 259 (1.1) of the Act)

Currently, subsection 259 (2) of the Act provides that boards may operate an extended day program or ensure that a third party program is operated for other pupils of the board to whom the board decides to provide the program.  The Act is amended to provide that a board that offered a third party program in a school on September 1, 2011 must, if the board decides to provide a program in that school, ensure that a third party program is operated in the school. (new subsection 259 (2.1) of the Act)

Currently, subsection 259 (4) of the Act enables boards to operate an extended day program or ensure that a third party program is operated for pupils enrolled in a school of another board.  The Act is amended to provide that the board must, if it had an agreement to provide a third party program for such pupils on September 1, 2011, ensure that a third party program is operated in a school of the board if it agrees to provide a program for such pupils. (new subsection 259 (4.1) of the Act)

Consequential amendments are made to subsections 259.3 (1) and 260.4.1 (1) of the Act.