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Safe Schools Act, 2000, S.O. 2000, c. 12 - Bill 81

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EXPLANATORY NOTE

The Bill amends the Education Act and the Teaching Profession Act.  The major amendments made by the Bill are described below.

Education Act

The Bill adds Part XIII (“Behaviour, Discipline and Safety”) to the Act.  Under that Part, the Minister is authorized to establish a provincial code of conduct governing the behaviour of people in schools. The purposes of the code of conduct are set out.  The Minister can establish additional policies and guidelines about conduct in schools.  The Minister is also authorized to establish policies and guidelines about such matters as disciplining pupils and promoting their safety.  These powers are set out in section 301 of the Education Act.

Corresponding power is given to boards to establish additional policies and guidelines about the conduct of persons in schools, disciplining pupils and promoting their safety.  Boards can also establish policies and guidelines governing access to school premises and governing appropriate dress of pupils.  Boards are required to consider the views of school councils about the policies and guidelines.  These powers and requirements are set out in section 302 of the Education Act.  Principals are also permitted to establish a local code of conduct of their school, and may be required to do so by the board.  They are also required to consider the views of the school council.  This is addressed in section 303 of the Act.

Under the new section 304 of the Act, boards are required to ensure that opening or closing exercises are held in all of their schools.  The details of these exercises are to be set out in regulations, but the exercises must include the singing of O Canada and may include the recitation of a pledge of citizenship.  Pupils can be excused from participating in the exercises in the circumstances set out in the regulations.

Access to school premises is to be restricted under section 305 of the Act.  Principals may require unauthorized persons to leave school premises, and an offence is created.

A new statutory scheme is created to govern the suspension of pupils.  Section 306 of the Act provides for mandatory suspension if a pupil commits an infraction listed in that section or in a board policy.  The corresponding powers and duties of teachers and principals are set out.  Section 307 provides for discretionary suspensions.  Decisions to suspend a pupil are subject to review and to appeal under section 308 of the Act. However, a decision to suspend a pupil for one day or less cannot be reviewed or appealed.

A new statutory scheme is also created to govern the expulsion of pupils.  Section 309 provides for mandatory expulsion if a pupil commits an infraction listed in that section or in a board policy.  Provision is made for an inquiry and an expulsion hearing. Two categories of expulsion are created:  “limited expulsion” from a particular school, and “full expulsion” from all schools in the province. Expelled pupils are required to meet certain requirements before they can return to school.  Section 310 provides for discretionary expulsions.  Decisions to expel a pupil are subject to appeal under section 311 of the Act.

Programs, courses and services for suspended pupils and for expelled pupils are authorized by section 312 of the Act.

Transitional rules governing suspensions and expulsions are set out in sections 313 and 314 of the Act, and complementary amendments are made to sections 23 and 286 of the Education Act.

Under section 315 of the Act, the Minister, boards and others specified by regulation are authorized to collect personal information for the purpose of ensuring the safety of pupils, administering programs, courses and services to pupils who are suspended or expelled and determining whether an expelled pupil is eligible to return to school.  The details are to be set out in the regulations.

Teaching Profession Act

The Teaching Profession Act is amended to reflect the merger of The Federation of Women Teachers’ Associations of Ontario and the Ontario Public School Teachers’ Federation into the Elementary Teachers’ Federation of Ontario.

A new subsection 4 (4) of the Teaching Profession Act specifies that students and retirees do not vote on Ontario Teachers’ Federation matters and cannot be required to pay fees to the Federation.

 

chapter 12

An Act to increase respect
and responsibility, to set standards
for safe learning and safe teaching
in schools and to amend
the Teaching Profession Act

Assented to June 23, 2000

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Education Act

1. (1) Subsection 23 (1) of the Education Act, as re-enacted by the Statutes of Ontario, 1993, chapter 11, section 12, is repealed.

(2) Subsection 23 (1.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 12, is repealed.

(3) Subsection 23 (1.2) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 12, is repealed.

(4) Subsection 23 (2) of the Act is repealed.

(5) Subsection 23 (2.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 12, is repealed.

(6) Subsection 23 (2.2) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 12, is repealed.

(7) Subsection 23 (3) of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 12, is repealed.

(8) Subsection 23 (4) of the Act is repealed.

(9) Subsection 23 (5) of the Act is repealed.

(10) Subsection 23 (6) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 12, is repealed.

2. Subsection 286 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 31, section 126, is further amended by striking out “and” at the end of clause (i), by adding “and” at the end of clause (j) and by adding the following clause:

(k) to exercise such other powers and perform such other duties as may be prescribed by a regulation made, or a policy established, under Part XIII (Behaviour, Discipline and Safety).

3. The Act is amended by adding the following Part:

Part xiii
Behaviour, discipline and safety

Definition

300. (1) In this Part,

“school premises” means, with respect to a school, the school buildings and premises.

Interpretation

(2) In this Part, where reference is made to a regulation or to a matter prescribed by regulation, it means a regulation to be made by the Minister under this Part.

Provincial code of conduct

301. (1) The Minister may establish a code of conduct governing the behaviour of all persons in schools.

Purposes

(2) The following are the purposes of the code of conduct:

1. To ensure that all members of the school community, especially people in positions of authority, are treated with respect and dignity.

2. To promote responsible citizenship by encouraging appropriate participation in the civic life of the school community.

3. To maintain an environment where conflict and difference can be addressed in a manner characterized by respect and civility.

4. To encourage the use of non-violent means to resolve conflict.

5. To promote the safety of people in the schools.

6. To discourage the use of alcohol and illegal drugs.

Notice

(3) Every board shall take such steps as the Minister directs to bring the code of conduct to the attention of pupils, parents and guardians of pupils and others who may be present in schools under the jurisdiction of the board.

Code is policy

(4) The code of conduct is a policy of the Minister.

Policies and guidelines governing conduct

(5) The Minister may establish additional policies and guidelines with respect to the conduct of persons in schools.

Same, governing discipline

(6) The Minister may establish policies and guidelines with respect to disciplining pupils, specifying, for example, the circumstances in which a pupil is subject to discipline and the forms and the extent of discipline that may be imposed in particular circumstances.

Same, promoting safety

(7) The Minister may establish policies and guidelines to promote the safety of pupils.

Different policies, etc.

(8) The Minister may establish different policies and guidelines under this section for different circumstances, for different locations and for different classes of persons.

Duty of boards

(9) The Minister may require boards to comply with policies and guidelines established under this section.

Not regulations

(10) Policies and guidelines established under this section are not regulations within the meaning of the Regulations Act.

Boards’ policies and guidelines governing conduct

302. (1) Every board shall establish policies and guidelines with respect to the conduct of persons in schools within the board’s jurisdiction and the policies and guidelines must address such matters and include such requirements as the Minister may specify.

Same, governing discipline

(2) A board may establish policies and guidelines with respect to disciplining pupils, and the policies and guidelines must be consistent with this Part and with the policies and guidelines established by the Minister under section 301, and must address such matters and include such requirements as the Minister may specify.

Same, promoting safety

(3) If required to do so by the Minister, a board shall establish policies and guidelines to promote the safety of pupils, and the policies and guidelines must be consistent with those established by the Minister under section 301 and must address such matters and include such requirements as the Minister may specify.

Same, governing access to school premises

(4) A board may establish policies and guidelines governing access to school premises, and the policies and guidelines must be consistent with the regulations made under section 305 and must address such matters and include such requirements as the Minister may specify.

Same, governing appropriate dress

(5) If required to do so by the Minister, a board shall establish policies and guidelines respecting appropriate dress for pupils in schools within the board’s jurisdiction, and the policies and guidelines must address such matters and include such requirements as the Minister may specify.

Same, procedural matters

(6) A board shall establish policies and guidelines governing a review or appeal of a decision to suspend a pupil and governing, with respect to expulsions, a principal’s inquiry, an expulsion hearing and an appeal of a decision to expel a pupil, and the policies and guidelines must address such matters and include such requirements as the Minister may specify.

Different policies, etc.

(7) A board may establish different policies and guidelines under this section for different circumstances, for different locations and for different classes of persons.

Role of school councils

(8) When establishing policies and guidelines under this section, a board shall consider the views of school councils with respect to the contents of the policies and guidelines.

Periodic review

(9) The board shall periodically review its policies and guidelines established under this section and shall solicit the views of pupils, teachers, staff, volunteers working in the schools, parents and guardians, school councils and the public.

Not regulations

(10) Policies and guidelines established under this section are not regulations within the meaning of the Regulations Act.

Local codes of conduct

303. (1) A board may direct the principal of a school to establish a local code of conduct governing the behaviour of all persons in the school, and the local code must be consistent with the provincial code established under subsection 301 (1) and must address such matters and include such requirements as the board may specify.

Same, mandatory

(2) A board shall direct a principal to establish a local code of conduct if the board is required to do so by the Minister, and the local code must address such matters and include such requirements as the Minister may specify.

Role of school council

(3) When establishing or reviewing a local code of conduct, the principal shall consider the views of the school council with respect to its contents.

Not regulation

(4) A local code of conduct is not a regulation within the meaning of the Regulations Act.

Opening and closing exercises at schools

304. (1) Every board shall ensure that opening or closing exercises are held in each school under the board’s jurisdiction, in accordance with the requirements set out in the regulations.

Same

(2) The opening or closing exercises must include the singing of O Canada and may include the recitation of a pledge of citizenship in the form set out in the regulations.

Exceptions

(3) A pupil is not required to participate in the opening or closing exercises in such circumstances as are prescribed by regulation.

Access to school premises

305. (1) The Minister may make regulations governing access to school premises, specifying classes of persons who are permitted to be on school premises and specifying the days and times at which different classes of persons are prohibited from being on school premises.

Prohibition

(2) No person shall enter or remain on school premises unless he or she is authorized by regulation to be there on that day or at that time.

Same, board policy

(3) A person shall not enter or remain on school premises if he or she is prohibited under a board policy from being there on that day or at that time.

Direction to leave

(4) The principal of a school may direct a person to leave the school premises if the principal believes that the person is prohibited by regulation or under a board policy from being there.

Offence

(5) Every person who contravenes subsection (2) is guilty of an offence.

Mandatory suspension of a pupil

306. (1) It is mandatory that a pupil be suspended from his or her school and from engaging in all school-related activities if the pupil commits any of the following infractions while he or she is at school or is engaged in a school-related activity:

1. Uttering a threat to inflict serious bodily harm on another person.

2. Possessing alcohol or illegal drugs.

3. Being under the influence of alcohol.

4. Swearing at a teacher or at another person in a position of authority.

5. Committing an act of vandalism that causes extensive damage to school property at the pupil’s school or to property located on the premises of the pupil’s school.

6. Engaging in another activity that, under a policy of the board, is one for which a suspension is mandatory.

Duration of mandatory suspension

(2) The minimum duration of a mandatory suspension is one school day and the maximum duration is 20 school days. The minimum and maximum duration may be varied by regulation, and different standards may be established for different circumstances or different classes of persons.

Duties of teachers

(3) If a teacher observes a pupil committing an infraction that requires a mandatory suspension, the teacher shall suspend the pupil or refer the matter to the principal.

Duty to suspend, principal

(4) The principal has a duty to suspend a pupil who commits an infraction requiring a mandatory suspension, unless a teacher has already suspended the pupil for the infraction.

Mitigating factors

(5) Despite subsection (1), suspension of a pupil is not mandatory in such circumstances as may be prescribed by regulation.

Restriction on suspension by teacher

(6) A teacher cannot suspend a pupil under this section for a period longer than the minimum duration required by subsection (2).

Referral to principal

(7) If a teacher who suspends a pupil under this section is of the opinion that a longer suspension of the pupil is warranted, the teacher shall recommend to the principal that the suspension be extended.

Extension by principal

(8) Upon receiving a recommendation from a teacher to extend the suspension imposed on a pupil by the teacher, the principal may extend the suspension up to the maximum duration permitted by subsection (2).

Factors affecting duration of suspension

(9) In order to determine the duration of a mandatory suspension, the principal shall consider the pupil’s history and such other factors as may be prescribed by regulation and the principal may consider such other matters as he or she considers appropriate.

Notice

(10) The teacher or principal who suspends a pupil under this section shall ensure that written notice of the mandatory suspension is given promptly to the pupil and, if the pupil is a minor, to the pupil’s parent or guardian.

Policies and guidelines

(11) The Minister may issue policies and guidelines to boards to assist principals and teachers in interpreting and administering this section.

School-related activities

(12) A pupil who is suspended is not considered to be engaged in school-related activities by virtue of using services, taking a course or participating in a program to assist such pupils.

Definition

(13) In this section,

“mandatory suspension” means a suspension required by subsection (1).

Commencement

(14) This section comes into force on a day to be named by proclamation of the Lieutenant Governor.

Discretionary suspension of a pupil

307. (1) A pupil may be suspended if he or she engages in an activity that, under a policy of the board, is an activity for which suspension is discretionary.

Same

(2) A pupil may be suspended,

(a) from his or her school and from engaging in all school-related activities; or

(b) from one or more classes or one or more school-related activities or both.

Duration of discretionary suspension

(3) The minimum duration of a discretionary suspension is as specified by the board policy that authorizes the suspension and the maximum duration is 20 school days. The maximum duration may be varied by regulation, and different standards may be established for different circumstances or different classes of persons.

Authority to suspend, principal

(4) The principal may suspend a pupil who engages in an activity for which suspension is discretionary.

Authority of teachers

(5) If a teacher observes a pupil engaging in an activity for which suspension is discretionary, the teacher may suspend the pupil or refer the matter to the principal.

Restriction on suspension by teacher

(6) A teacher cannot suspend a pupil under this section for a period longer than the minimum duration described in subsection (3).

Other matters

(7) Subsections 306 (7) to (10) and 306 (12) apply, with necessary modifications, with respect to a discretionary suspension under this section.

Definition

(8) In this section,

“discretionary suspension” means a suspension authoized by subsection (1).

Commencement

(9) This section comes into force on a day to be named by proclamation of the Lieutenant Governor.

Review of suspension

308. (1) The following persons may request a review of a decision to suspend a pupil, other than a decision to suspend a pupil for one day or less:

1. If the pupil is a minor, his or her parent or guardian.

2. If the pupil is not a minor, the pupil.

3. Such other persons as may be specified in a policy of the board.

The review process

(2) The review shall be conducted in accordance with the requirements established by board policy.

Same

(3) The review shall be conducted by the person specified in the board policy and, for the purposes of the review, the person has the powers and duties set out in the policy.

Appeal of suspension

(4) Following a review, the following persons may appeal a decision to suspend a pupil, other than a decision to suspend a pupil for one day or less:

1. If the pupil is a minor, his or her parent or guardian.

2. If the pupil is not a minor, the pupil.

3. Such other persons as may be specified by board policy.

The appeal process

(5) An appeal under this section must be conducted in accordance with the requirements established by board policy.

Same

(6) The board shall hear and determine an appeal and, for that purpose, the board has the powers and duties set out in its policy.  The decisions of the board are final.

Delegation by board

(7) The board may delegate its powers and duties under subsection (6) to a committee of the board, and may impose conditions and restrictions on the committee.

Commencement

(8) This section comes into force on a day to be named by proclamation of the Lieutenant Governor.

Mandatory expulsion of a student

309. (1) It is mandatory that a pupil be expelled if the pupil commits any of the following infractions while he or she is at school or is engaged in a school-related activity:

1. Possessing a weapon, including possessing a firearm.

2. Using a weapon to cause or to threaten bodily harm to another person.

3. Committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner.

4. Committing sexual assault.

5. Trafficking in weapons or in illegal drugs.

6. Committing robbery.

7. Giving alcohol to a minor.

8. Engaging in another activity that, under a policy of the board, is one for which expulsion is mandatory.

Duty to suspend pending expulsion, principal

(2) The principal shall suspend a pupil who the principal believes may have committed an infraction for which expulsion is mandatory.

Mitigating factors

(3) Despite subsection (1), expulsion of a pupil is not mandatory in such circumstances as may be prescribed by regulation.

Action following suspension

(4) If the principal suspends a pupil under subsection (2), the principal shall promptly refer the matter to the board or conduct an inquiry to determine whether the pupil has committed an infraction for which expulsion is mandatory.

Notice of suspension

(5) The principal shall ensure that written notice of the suspension under subsection (2) is given promptly to the pupil and, if the pupil is a minor, to the pupil’s parent or guardian.

Conduct of inquiry

(6) The principal’s inquiry shall be conducted in accordance with the requirements established by a policy of the board and the powers and duties of the principal are as specified by board policy.

Action following inquiry

(7) If, after the inquiry, the principal is satisfied that the pupil committed an infraction for which expulsion is mandatory, the principal shall,

(a) impose a limited expulsion as described in subsection (14) on the pupil; or

(b) refer the matter to the board for its determination.

Restriction on expulsion by principal

(8) The principal cannot expel a pupil if more than 20 school days have expired since the principal suspended the student under subsection (2), unless the parties to the inquiry agree upon a later deadline.

Hearing by board

(9) When a matter is referred to the board under subsection (4) or clause (7) (b), the board shall hold an expulsion hearing and, for that purpose, the board has the powers and duties specified by board policy.

Conduct of hearing

(10) The expulsion hearing shall be conducted in accordance with the requirements established by board policy.

Duty to expel, board

(11) If, after the expulsion hearing, the board is satisfied that the pupil committed an infraction for which expulsion is mandatory, the board shall impose a limited expulsion as described in subsection (14) or a full expulsion as described in subsection (16) on the pupil.

Restriction on expulsion by board

(12) The board cannot expel a pupil if more than 20 school days have expired since the principal suspended the pupil under subsection (2), unless the parties to the expulsion hearing agree upon a later deadline.

Delegation

(13) The board may delegate its duty to hold an expulsion hearing and its powers and duties under subsection (11) to a committee of the board, and may impose conditions and restrictions on the committee.

Limited expulsion

(14) A pupil who is subject to a limited expulsion is not entitled to attend the school the pupil was attending when he or she committed the infraction and is not entitled to engage in school-related activities of that school until the later of,

(a) the date specified by the principal or the board when expelling the pupil, which date cannot be more than one year after the date on which the principal suspended the pupil under subsection (2); and

(b) the date on which the pupil meets such requirements as may be established by the board for returning to school after being expelled.

Same

(15) A regulation may vary the limit described in clause (14) (a) and may specify a different limit for different circumstances or different classes of persons.

Full expulsion

(16) A pupil who is subject to a full expulsion is not entitled to attend any school in the province or to engage in school-related activities of any school in the province until he or she meets such requirements as may be established by regulation for returning to school after being expelled.

Effect on other rights

(17) A pupil’s rights under sections 33, 36, 42 and 43 are inoperative during a full expulsion.

Minimum duration of mandatory expulsion

(18) The minimum duration of a mandatory expulsion is 21 school days and, for the purposes of this subsection, the period of a pupil’s suspension under subsection (2) shall be deemed to be a period of expulsion.  The minimum duration may be varied by regulation, and a different standard may be established for different circumstances or different classes of persons.

Factors affecting type and duration of expulsion

(19) When considering the type and duration of expulsion that may be appropriate in particular circumstances, the principal or board shall consider the pupil’s history and such other factors as may be prescribed by regulation and may consider such other matters as he, she or it considers appropriate.

Notice

(20) The principal or board that expels a pupil under this section shall ensure that written notice of the mandatory expulsion is given promptly to the pupil and, if the pupil is a minor, to the pupil’s parent or guardian.

Policies and guidelines

(21) The Minister may issue policies and guidelines to boards to assist boards and principals in interpreting and administering this section.

School-related activities

(22) A pupil who is expelled is not considered to be engaged in school-related activities by virtue of using services to assist such pupils or taking a course or participating in a program that prepares the pupil to return to school.

Commencement

(23) This section comes into force on a day to be named by proclamation of the Lieutenant Governor.

Discretionary expulsion of a pupil

310. (1) A pupil may be expelled if the pupil engages in an activity that, under a policy of the board, is one for which expulsion is discretionary.

Suspension pending expulsion, principal

(2) If the principal believes a pupil may have engaged in an activity for which expulsion is discretionary, the principal may suspend the pupil.

Other matters

(3) If the principal suspends a pupil under subsection (2), subsections 309 (4) to (20) and 309 (22) apply, with necessary modifications, with respect to an expulsion authorized by this section.

Commencement

(4) This section comes into force on a day to be named by proclamation of the Lieutenant Governor.

Appeal of expulsion

311. (1) The following persons may appeal a decision to expel a pupil, including a decision under section 310 respecting the type and duration of the expulsion:

1. If the pupil is a minor, his or her parent or guardian.

2. If the pupil is not a minor, the pupil.

3. Such other persons as may be specified by a policy of the board.

The appeal process

(2) An appeal under this section must be conducted in accordance with the requirements established by board policy.

Same, expulsion by principal

(3) The board shall hear and determine an appeal from a decision of a principal to expel a pupil and, for that purpose, the board has the powers and duties set out in its policy.  The decisions of the board are final.

Delegation by board

(4) The board may delegate its powers and duties under subsection (3) to a committee of the board, and may impose conditions and restrictions on the committee.

The appeal process, expulsion by board

(5) A person or entity designated by regulation shall hear and determine an appeal from a decision of a board to expel a pupil, and, for that purpose, the person or entity has the powers and duties set out in the regulations.  The decisions of the person or entity are final.

Same

(6) For the purposes of subsection (5), the Minister may by regulation establish an entity to exercise the powers and perform the duties referred to in that subsection, and the Minister may determine the composition and the other powers and duties of the entity.

Commencement

(7) This section comes into force on a day to be named by proclamation of the Lieutenant Governor and different subsections may be proclaimed into force as of different dates.

Programs, etc., for suspended pupils

312. (1) The Minister may require boards to establish and maintain specified programs, courses and services for pupils who are suspended, and may impose different requirements for different circumstances, different locations or different classes of pupils.

Same, expelled pupils

(2) The Minister may require boards to establish and maintain specified programs, courses and services for pupils who are expelled and may authorize boards,

(a) to enter into agreements with other boards for the provision of the programs, courses and services;

(b) to retain others to provide the programs, courses and services; or

(c) to establish one or more corporations to provide the programs, courses and services.

Authorization

(3) The Minister may impose conditions and restrictions when authorizing a board to engage in an activity described in subsection (2).

Programs for expelled pupils

(4) The Minister may establish one or more programs for expelled pupils to prepare the pupils to return to school and may require boards to give specified information about the programs to expelled pupils.

Same

(5) The Minister may establish policies and guidelines respecting pupils’ eligibility to participate in a program established under subsection (2) or (4) and respecting the criteria to be met for successful completion of the program.

Transition, suspension of a pupil

313. (1) This section applies with respect to a pupil who engages in an activity before section 306 comes into force that may result in his or her suspension under section 23 as it reads on the day the pupil engages in the activity.

Same

(2) Section 23, as it reads on the day the pupil engages in the activity, continues to apply after section 306 comes into force for the purpose of determining whether, and for how long, the pupil is to be suspended and for the purpose of determining any appeal relating to the suspension of the pupil.

Transition, expulsion of a pupil

314. (1) This section applies with respect to a pupil who engages in an activity before section 309 comes into force that may result in his or her expulsion under section 23 as it reads on the day the pupil engages in the activity.

Same

(2) Section 23, as it reads on the day the pupil engages in the activity, continues to apply after section 309 comes into force for the purpose of determining whether, from where and for how long the pupil is to be expelled and determining the criteria for the pupil’s return to school.

Collection of personal information

315. (1) The Minister may collect and may by regulation require boards to collect such personal information as is specified by regulation from, or about, the classes of persons specified by regulation for the following purposes, and the Minister may specify or restrict the manner in which the information is to be collected:

1. To ensure the safety of pupils.

2. To administer programs, courses and services to pupils who are suspended or expelled and to determine whether an expelled pupil has successfully completed a program, course or service and as a result is eligible to return to school.

Disclosure

(2) A board or other person is authorized to disclose the personal information collected under subsection (1) to the Minister for the purposes described in that subsection, and the Minister may disclose it to such persons or entities as may be prescribed by regulation for those purposes.

Definition

(3) In this section,

“personal information” has the same meaning as in section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act.

Regulations

316. (1) The Minister may make regulations,

(a) prescribing such matters as are required, or permitted, under this Part to be prescribed or to be done by regulation;

(b) specifying when, during a school day, a suspension of a pupil is permitted to begin and to end.

Classes

(2) A regulation under subsection (1) may impose different requirements on different classes of person, place or thing or in different circumstances.

Exceptions

(3) A regulation under subsection (1) may provide that one or more provisions of this Part or of the regulation does not apply to specified persons or in specified circumstances.

Teaching Profession Act

4. (1) Subsections 4 (1) and (2) of the Teaching Profession Act are repealed and the following substituted:

Membership in Federation

(1) Every teacher is a member of the Federation.

Associate members

(2) The following students are associate members of the Federation:

1. Every student in a college for the professional education of teachers established under clause 14 (1) (a) of the Education Act.

2. Every student in a school or faculty of education that provides for the professional education of teachers pursuant to an agreement under clause 14 (1) (b) of the Education Act.

(2) Subsection 4 (3) of the Act is amended by adding “or a predecessor to that Act” after “Teachers’ Pension Act”.

(3) Section 4 of the Act is amended by adding the following subsection:

Restrictions

(4) A person described in paragraph 1 or 2 of subsection (2) or in subsection (3) is not eligible to vote in respect of any Federation matter and cannot be required to pay a fee to the Federation.

5. Subsection 5 (1) of the Act is repealed and the following substituted:

Board of Governors

(1) There shall be a Board of Governors of The Ontario Teachers’ Federation,  to be composed of 40 members as follows:

1. The immediate past president, the president, the first vice-president, the second vice-president and the secretary-treasurer of each of The Ontario Secondary School Teachers’ Federation, the Elementary Teachers’ Federation of Ontario, the Association des enseignantes et des enseignants franco-ontariens and The Ontario English Catholic Teachers’ Association.

2. Five representatives of each of The Ontario Secondary School Teachers’ Federation, the Elementary Teachers’ Federation of Ontario, the Association des enseignantes et des enseignants franco-ontariens and The Ontario English Catholic Teachers’ Association, to be elected annually at the annual meeting of the federation or association from among its members.

6. Subsection 6 (1) of the Act is repealed and the following substituted:

Executive

(1) There shall be an executive of The Ontario Teachers’ Federation, to be composed of 13 members as follows:

1. The immediate past president, the president, the first vice-president, the second vice-president and the secretary-treasurer of The Ontario Teachers’ Federation.

2. The president and the secretary-treasurer of each of The Ontario Secondary School Teachers’ Federation, the Elementary Teachers’ Federation of Ontario, the Association des enseignantes et des enseignants franco-ontariens and The Ontario English Catholic Teachers’ Association.

7. Section 7 of the Act is repealed and the following substituted:

President and vice-presidents

7. There shall be a president, a first vice-president and a second vice-president of the Federation to be elected annually at the annual meeting of the Board of Governors from among its members in such a manner that the offices of immediate past president, president, first vice-president and second vice-president represent each of the affiliated bodies.

8. Clause 12 (f) of the Act is repealed.

Transition

9. Despite the amendments made to the Teaching Profession Act by sections 4 to 8 of this Act and subject to subsections 5 (3) and 6 (3) of that Act,

(a) the persons who were members of the Board of Governors of The Ontario Teachers’ Federation immediately before this Act received Royal Assent continue to be the members of the Board of Governors until the conclusion of the first annual meeting of the Federation that takes place after this Act receives Royal Assent;

(b) the persons who were members of the executive of The Ontario Teachers’ Federation immediately before this Act received Royal Assent continue to be the members of the executive until the conclusion of the first annual meeting of the Federation that takes place after this Act receives Royal Assent; and

(c) the persons who were the immediate past president, president, first vice-president, second vice-president and third vice-president of The Ontario Teachers’ Federation immediately before this Act received Royal Assent continue to be the immediate past president, president, first vice-president, second vice-president and third vice-president of the Federation until the conclusion of the first annual meeting of the Federation that takes place after this Act receives Royal Assent.

Commencement and Short Title

Commencement

10. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Sections 1, 2 and 3 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

11. The short title of this Act is the Safe Schools Act, 2000.