chapter 11
An Act to amend the Education Act
to increase education quality,
to improve the accountability
of school boards to students, parents
and taxpayers and to enhance
students’ school experience
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:
1. (1) Subsection 1 (1) of the Education Act, as amended by the Statutes of Ontario, 1997, chapter 31, section 1, 1997, chapter 43, Schedule G, section 20 and 1999, chapter 6, section 20, is further amended by adding the following definition:
“co-instructional activities” means activities other than providing instruction that,
(a) support the operation of schools,
(b) enrich pupils’ school-related experience, whether within or beyond the instructional program, or
(c) advance pupils’ education and education-related goals,
and includes but is not limited to activities having to do with school-related sports, arts and cultural activities, parent-teacher and pupil-teacher interviews, letters of support for pupils, staff meetings and school functions but does not include activities specified in a regulation made under subsection (1.2). (“activités complémentaires”)
(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1997, chapter 3, section 2, 1997, chapter 22, section 1, 1997, chapter 31, section 1, 1997, chapter 43, Schedule G, section 20 and 1999, chapter 6, section 20, is further amended by adding the following subsection:
Regulations: co-instructional activities
(1.2) The Lieutenant Governor in Council may make regulations specifying activities that are not co-instructional activities.
2. (1) Subsection 8 (1) of the Act, as amended by the Statutes of Ontario, 1991, chapter 10, section 1, 1992, chapter 16, section 2, 1992, chapter 27, section 59, 1993, chapter 11, section 10, 1995, chapter 4, section 2, 1996, chapter 11, section 29, 1996, chapter 12, section 64, 1997, chapter 16, section 5 and 1997, chapter 31, section 6, is further amended by adding the following paragraph:
guidelines respecting co-instructional plans
- elementary
26.1 issue guidelines respecting plans required by paragraph 7.1 of subsection 170 (1), including but not limited to guidelines respecting the development, substance and implementation of the plans, and require boards to comply with the guidelines.
(2) Subsection 8 (1) of the Act, as amended by the Statutes of Ontario, 1991, chapter 10, section 1, 1992, chapter 16, section 2, 1992, chapter 27, section 59, 1993, chapter 11, section 10, 1995, chapter 4, section 2, 1996, chapter 11, section 29, 1996, chapter 12, section 64, 1997, chapter 16, section 5 and 1997, chapter 31, section 6, is further amended by adding the following paragraph:
guidelines respecting co-instructional plans
- secondary
26.2 issue guidelines respecting plans required by paragraph 7.2 of subsection 170 (1), including but not limited to guidelines respecting the development, substance and implementation of the plans, and require boards to comply with the guidelines.
3. (1) Subsection 170 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, 1996, chapter 12, section 64, 1996, chapter 13, section 5 and 1997, chapter 31, section 80, is further amended by adding the following paragraph:
co-instructional activities - elementary
7.1 in accordance with any guidelines issued under paragraph 26.1 of subsection 8 (1), develop and implement a plan to provide for co-instructional activities for pupils enrolled in elementary schools operated by the board, in respect of each school year.
(2) Subsection 170 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, 1996, chapter 12, section 64, 1996, chapter 13, section 5 and 1997, chapter 31, section 80, is further amended by adding the following paragraph:
co-instructional activities - secondary
7.2 in accordance with any guidelines issued under paragraph 26.2 of subsection 8 (1), develop and implement a plan to provide for co-instructional activities for pupils enrolled in secondary schools operated by the board, in respect of each school year.
(3) Section 170 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, 1996, chapter 12, section 64, 1996, chapter 13, section 5 and 1997, chapter 31, section 80, is further amended by adding the following subsections:
Co-instructional activities
(2.1) A plan required under paragraph 7.1 or 7.2 of subsection (1) shall include a framework within which principals shall operate in assigning duties under subsection 265 (2).
Same
(2.2) In a manner that is consistent with the manner in which co-instructional activities have traditionally been provided to pupils in Ontario, in terms of when and where such activities take place, the framework shall address the assignment of duties,
(a) on school days and on days during the school year that are not school days;
(b) during any part of any day during the school year;
(c) on school premises and elsewhere.
(4) Section 170 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, 1996, chapter 12, section 64, 1996, chapter 13, section 5 and 1997, chapter 31, section 80, is further amended by adding the following subsection:
Exclusive function of employer - elementary
(2.3) It is the exclusive function of the employer to determine how co-instructional activities will be provided by elementary school teachers and elementary school temporary teachers and no matter relating to the provision of co-instructional activities by elementary school teachers and elementary school temporary teachers shall be the subject of collective bargaining nor come within the jurisdiction of an arbitrator or arbitration board.
(5) Section 170 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, 1996, chapter 12, section 64, 1996, chapter 13, section 5 and 1997, chapter 31, section 80, is further amended by adding the following subsection:
Exclusive function of employer - secondary
(2.4) It is the exclusive function of the employer to determine how co-instructional activities will be provided by secondary school teachers and secondary school temporary teachers and no matter relating to the provision of co-instructional activities by secondary school teachers and secondary school temporary teachers shall be the subject of collective bargaining nor come within the jurisdiction of an arbitrator or arbitration board.
(6) Section 170 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, 1996, chapter 12, section 64, 1996, chapter 13, section 5 and 1997, chapter 31, section 80, is further amended by adding the following subsections:
Plans, reports
(2.5) The Minister may require boards to,
(a) submit a plan required under paragraph 7.1 of subsection (1) in respect of any school year;
(b) submit a plan required under paragraph 7.2 of subsection (1) in respect of any school year; and
(c) report on any matter related to compliance with paragraph 7.1 of subsection (1), paragraph 7.2 of subsection (1), subsection (2.1) or subsection (2.2).
Same
(2.6) A requirement under subsection (2.5) may apply to all boards or to specified boards and every board to which the requirement applies shall comply with it.
Same
(2.7) The Minister may give such directions as he or she considers appropriate respecting the form, content and deadline for submission of a plan or report required under subsection (2.5) and boards shall comply with those directions.
Alterations
(2.8) Where the Minister has concerns that a plan submitted by a board under clause (2.5) (a) or (2.5) (b) may not comply with the requirements of paragraph 7.1 or 7.2 of subsection (1), as the case may be, and subsections (2.1) and (2.2), the Minister may direct the board to alter the plan, in the manner directed by the Minister, and the board shall make the alteration and implement the plan as altered.
Non-application of Regulations Act
(2.9) An act of the Minister under this section is not a regulation within the meaning of the Regulations Act.
4. Section 170.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 81, is repealed and the following substituted:
Class size, primary division
170.1 (1) Every board shall ensure that the average size of its elementary school classes in the primary division, in the aggregate, does not exceed 24 pupils.
Class size, elementary schools
(2) Every board shall ensure that the average size of its elementary school classes, in the aggregate, does not exceed 24.5 pupils.
Class size, secondary schools
(3) Every board shall ensure that the average size of its secondary school classes, in the aggregate, does not exceed 21 pupils.
Exception
(4) The average size of a board’s classes, in the aggregate, may exceed the maximum average class size specified in subsection (1), (2) or (3), as the case may be, to the extent that the Minister, at the request of the board, may permit.
Regulations
(5) The Lieutenant Governor in Council may, by regulation,
(a) establish the methods to be used by a board to determine average aggregate class sizes for the purposes of this section;
(b) exclude any type of class, course or program from the determination of average class size;
(c) require boards to prepare reports containing such information relating to class size as is specified by the regulation;
(d) require boards to make reports required under clause (c) available to the public, in such manner as is specified in the regulation;
(e) require boards to submit reports required under clause (c) to the Minister, in such manner as is specified in the regulation;
(f) specify dates as of which determinations shall be made under this section;
(g) define terms used in this section for the purposes of a regulation made under this section.
5. (1) Subsection 170.2 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 81, is repealed and the following substituted:
Definition
(1) In this section,
“classroom teacher” means a teacher who is assigned in a regular timetable to provide instruction to pupils and includes a temporary teacher who is assigned in a regular timetable to provide instruction to pupils but does not include a principal or vice-principal.
(2) The French version of subsection 170.2 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 81, is amended by striking out “titulaires de classe” and substituting “enseignants chargés de cours”.
(3) Subsection 170.2 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 81, is repealed.
(4) Subsections 170.2 (4) and (5) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 81, are repealed and the following substituted:
Allocation to schools
(4) A board shall allocate to each elementary school a share of the board’s aggregate minimum time for a school year for all of its classroom teachers (during which they must be assigned to provide instruction to pupils).
Allocation by principal
(5) The principal of an elementary school, in his or her sole discretion, shall allocate among the classroom teachers in the school the school’s share of the board’s aggregate minimum time, as described in subsection (4), for the school year.
(5) Subsection 170.2 (8) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 81, is repealed and the following substituted:
Calculation
(8) The calculation of the amount of time that a board’s classroom teachers are assigned as required by subsection (2) shall be based on all of the board’s classroom teachers in elementary schools and their assignments, on a regular timetable, on every instructional day during the school year.
(6) Subsection 170.2 (9) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 81, is repealed and the following substituted:
Part-time employees
(9) For the purposes of subsection (2), the minimum time required in respect of each classroom teacher who is employed on a part-time basis by the board is correspondingly reduced.
(7) Subsections 170.2 (10), (11), (12) and (13) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 14, section 1, are repealed.
6. The Act is amended by adding the following sections:
Definitions
170.2.1 (1) In this section,
“classroom teacher” means a teacher who is assigned in a regular timetable to provide instruction in an eligible course to pupils and includes a temporary teacher who is assigned in a regular timetable to provide instruction in an eligible course to pupils but does not include a principal or vice-principal; (“enseignant chargé de cours”)
“credit course” means a course or program in which a credit or part of a credit may be earned; (“cours donnant droit à des crédits”)
“credit-equivalent course” means a course or program that is prescribed as a credit-equivalent course by the regulations made under this section; (“cours donnant droit à des équivalences en crédits”)
“eligible course” means a credit course or a credit-equivalent course. (“cours admissible”)
Minimum teaching assignments, secondary school
(2) Every board shall ensure that, in the aggregate, its classroom teachers in secondary schools are assigned to provide instruction to pupils in an average of at least 6.67 eligible courses in a day school program during the school year.
Allocation to schools
(3) A board shall allocate to each secondary school a share of the board’s aggregate minimum eligible course obligations for a school year for all its classroom teachers.
Allocation by principal
(4) The principal of a secondary school, in his or her sole discretion, shall allocate among the classroom teachers in the school the school’s share of the board’s aggregate minimum obligations, as described in subsection (3), for the school year.
Same
(5) The principal shall make the allocation in accordance with such policies as the board may establish.
Collective agreements
(6) An allocation under subsection (3) or (4) may be made despite any applicable conditions or restrictions in a collective agreement.
Calculation
(7) The calculation required by subsection (2) shall be based on all of the board’s classroom teachers in secondary schools and their assignments to provide instruction in eligible courses, on a regular timetable, during the school year.
Part-time employees
(8) For the purposes of subsection (2), the minimum time required in respect of each classroom teacher who is employed on a part-time basis by the board is correspondingly reduced.
Regulations
(9) The Lieutenant Governor in Council may make regulations,
(a) prescribing courses or programs, or portions of courses or programs, as credit-equivalent courses for the purposes of this section;
(b) respecting how to count credit-equivalent courses for the purposes of this section;
(c) respecting how to count credit courses for the purposes of this section;
(d) respecting when a teacher is considered to be assigned to provide instruction in an eligible course.
Same
(10) Without limiting the generality of subsection (9), a regulation made under that subsection may, for the purposes of the calculation required by subsection (2),
(a) set maximum average numbers for which specified types of eligible courses may be counted;
(b) set special rules for how to count specified types of eligible courses, including but not limited to rules that provide that specified types of eligible courses shall be excluded from the calculation;
(c) set special rules for how to count eligible courses, or specified types of eligible courses, in specified kinds of circumstances, including but not limited to circumstances relating to,
(i) pupil attendance levels,
(ii) class size,
(iii) patterns of teacher assignments.
General or particular
(11) A regulation made under this section may be general or particular in its application.
Plans, reports
(12) The Minister may require boards to,
(a) submit their plans for complying with this section in respect of any school year; and
(b) report on any matter related to compliance with this section.
Same
(13) A requirement under subsection (12) may apply to all boards or to specified boards and every board to which the requirement applies shall comply with it.
Same
(14) The Minister may give such directions as he or she considers appropriate respecting the form, content and deadline for submission of a plan or report required under subsection (12) and boards shall comply with those directions.
Alterations
(15) Where the Minister has concerns that plans submitted by a board under clause (12) (a) may not result in compliance with the requirements of this section and the regulations made under it, the Minister may direct the board to alter the plans, in the manner directed by the Minister, and the board shall make the alteration and implement the plan as altered.
Non-application of Regulations Act
(16) An act of the Minister under this section is not a regulation within the meaning of the Regulations Act.
Definitions
170.2.2 (1) In this section,
“designated bargaining agent” has the same meaning as in Part X.1; (“agent négociateur désigné”)
“teachers’ bargaining unit” has the same meaning as in Part X.1. (“unité de négociation d’enseignants”)
Application of section
(2) This section applies where a provision in a collective agreement that is in operation on May 10, 2000 between a board and a designated bargaining agent for a teachers’ bargaining unit would, in the opinion of the board, require a board to employ more teaching staff than the board needs to meet its obligations under section 170.2.1.
Labour Relations Act, 1995, ss. 17, 86
(3) In the circumstances described in subsection (2), section 17 and subsection 86 (1) of the Labour Relations Act, 1995 do not apply to prevent the board from altering terms and conditions of employment, or rights, privileges or duties of the board, the designated bargaining agent, the teachers’ bargaining unit or members of that unit, as the board sees fit to enable it to alter the level of teaching staff that it employs to a level that it considers appropriate, having regard to its obligations under section 170.2.1.
7. The Act is amended by adding the following Part:
PART VIII
COMPLIANCE WITH BOARD
OBLIGATIONS
Investigation, board compliance
230. The Minister may direct an investigation of the affairs of a board if the Minister has concerns that the board may have done something or omitted to do something and the act or omission,
(a) contravenes, indicates an intention to contravene or may result in a contravention of a requirement under paragraph 2 or 3 of subsection 8 (1);
(b) contravenes, indicates an intention to contravene or may result in a contravention of paragraph 7.1 or 7.2 of subsection 170 (1) or any of subsections 170 (2.1) to (2.8);
(c) contravenes, indicates an intention to contravene or may result in a contravention of section 170.1;
(d) contravenes, indicates an intention to contravene or may result in a contravention of section 170.2;
(e) contravenes, indicates an intention to contravene or may result in a contravention of section 170.2.1;
(f) makes, indicates an intention to make or may result in the making of a payment of a type governed by section 191, 191.1 or 191.2 that does not comply with section 191, section 191.1 or a regulation made under it, or section 191.2, as the case may be; and
(g) applies funds, indicates an intention to apply funds or may result in the application of funds in a manner that contravenes the requirements set out in a regulation made under section 234 of this Act.
Complaint re contravention
230.1 (1) A complaint alleging that a board has passed a motion or resolution of a kind described in subsection (2) may be made and filed in accordance with the regulations by,
(a) the school council of a school under the jurisdiction of the board; or
(b) supporters of the board.
Grounds for complaint
(2) The following are the kinds of motions or resolutions that may form the basis for a complaint under this section:
1. A motion or resolution that contravenes, indicates an intention to contravene or may result in a contravention of a requirement under paragraph 2 or 3 of subsection 8 (1).
2. A motion or resolution that contravenes, indicates an intention to contravene or may result in a contravention of paragraph 7.1 or 7.2 of subsection 170 (1) or any of subsections 170 (2.1) to (2.8).
3. A motion or resolution that contravenes, indicates an intention to contravene or may result in a contravention of section 170.1.
4. A motion or resolution that contravenes, indicates an intention to contravene or may result in a contravention of section 170.2.
5. A motion or resolution that contravenes, indicates an intention to contravene or may result in a contravention of section 170.2.1.
6. A motion or resolution that makes, indicates an intention to make or may result in the making of a payment of a type governed by section 191, 191.1 or 191.2 that does not comply with section 191, section 191.1 or a regulation made under it, or section 191.2, as the case may be.
7. A motion or resolution that applies funds, indicates an intention to apply funds or may result in the application of funds in a manner that contravenes the requirements set out in a regulation made under section 234 of this Act.
Regulations
(3) The Minister may make regulations respecting the making and filing of complaints under this section, including but not limited to regulations respecting,
(a) what a complaint must contain;
(b) the type and amount of support that must exist for a complaint and the way in which that support must be evidenced;
(c) the documentation that must accompany a complaint;
(d) the procedures that must be followed in making or filing a complaint;
(e) the deadlines that must be complied with in making or filing a complaint.
Effect of complaint
(4) Where a complaint is filed in accordance with this section and the regulations made under it, the Minister may direct an investigation of the affairs of the board.
Same
(5) Where the Minister does not direct an investigation under subsection (4), he or she shall provide a written response to the complaint, setting out the reasons for not directing an investigation.
Appointment of investigator
230.2 (1) Where the Minister directs an investigation under section 230 or 230.1, he or she may appoint as an investigator an employee in the Ministry or any other person.
Same
(2) In appointing an investigator for an investigation directed under section 230, the Minister shall specify in writing which legal requirements referred to in section 230 are in issue.
Same
(3) In appointing an investigator for an investigation directed under section 230.1, the Minister shall specify in writing which legal requirements referred to in subsection 230.1 (2) are in issue.
Scope of investigation
(4) The investigator may investigate any of the affairs of the board that, in his or her opinion, relate to the requirements specified under subsection (2) or (3).
Powers of investigator
(5) An investigator may,
(a) require the production of any records that may in any way relate to the investigation;
(b) examine and copy any records required under clause (a); and
(c) require any officer of the board or any other person to appear before him or her and give evidence, on oath or affirmation, relating to the investigation.
Same
(6) For the purposes of carrying out an investigation, an investigator has the powers of a commission under Part II of the Public Inquiries Act and that Part applies to an investigation as if it were an inquiry under that Act.
Report of investigator
(7) On completion of an investigation, an investigator shall report in writing to the Minister, who shall promptly transmit a copy of the report to the secretary of the board.
Minister’s powers on reviewing report: directions
230.3 (1) If, in the opinion of the Minister, the report made under subsection 230.2 (7) discloses evidence of non-compliance with a requirement specified under subsection 230.2 (2) or (3), or evidence that an act or omission of the board will likely result in non-compliance with a requirement specified under subsection 230.2 (2) or (3), the Minister may give any directions to the board that he or she considers advisable to address the non-compliance or likelihood of non-compliance.
Vesting order: board failure to comply with direction
(2) If the Minister advises the Lieutenant Governor in Council that he or she is of the opinion that the board has failed to comply with a direction given under subsection (1), the Lieutenant Governor in Council may make any order that the Lieutenant Governor in Council considers necessary or advisable to vest in the Ministry control and charge over the administration of the affairs of the board.
Notice to board
(3) The order shall be promptly transmitted to the secretary of the board.
Notice to be given re board
230.4 (1) Where a board is subject to an order under subsection 230.3 (2),
(a) the Minister shall publish notice of the order in The Ontario Gazette; and
(b) the persons directed by the Minister to do so shall give notice of the order to the persons specified by the Minister, in the form specified by the Minister.
No proceedings against board without leave of Minister
(2) After notice has been published in The Ontario Gazette under clause (1) (a),
(a) no proceeding against the board shall be commenced or continued in any court without leave of the Minister; and
(b) no order of any court shall be enforced against the board without leave of the Minister.
Suspension of limitation period
(3) Subject to subsection (4), where the commencement or continuance of any proceeding or the enforcement of a court order is prevented under this section,
(a) the running of any limitation period relating to the proceeding or enforcement is suspended until the Minister gives leave to commence or continue the proceeding or to enforce the court order, as the case may be; and
(b) the person having the right to commence or continue the proceeding or to enforce the court order shall, immediately after the leave is given, have the same length of time within which to commence or continue the proceeding or enforce the court order, as the case may be, as the person had when the notice was published in The Ontario Gazette under clause (1) (a).
Same
(4) Subsection (3) does not apply unless application is made to the Minister for leave to commence or continue the proceeding or to enforce the order within the relevant limitation period and the Minister refuses to give the leave.
Effect of order
(5) Subsection (2) does not apply in relation to a board that is subject to an order under subsection 230.3 (2) after the Minister, under clause 230.5 (2) (b), makes an order of a type described in clause 257.34 (2) (b) or (i) with respect to the board.
Control exercisable by Minister
230.5 (1) Where the Lieutenant Governor in Council has made an order under subsection 230.3 (2) in respect of a board, the Minister has control and charge over the board generally with respect to any matter in any way affecting the board’s affairs.
Same
(2) Without limiting the generality of subsection (1), where the Lieutenant Governor in Council has made an order under subsection 230.3 (2) in respect of a board,
(a) the Minister has control and charge over the exercise and performance by the board of its powers, duties and obligations with respect to all matters, including but not limited to all matters referred to in clauses 257.33 (2) (a) to (i); and
(b) sections 257.34 to 257.38 apply, with necessary modifications, as if the board were subject to an order under subsection 257.31 (2) or (3).
Exercise of board jurisdiction subject to order
230.6 The powers and duties under this or any other Act of a board that is subject to an order under subsection 230.3 (2) shall only be exercised or performed in accordance with and subject to this Part and any order made or agreement entered into under it.
Exclusive jurisdiction
230.7 (1) Subject to subsections (3) and (4) and subsection 230.17 (3), the Minister has exclusive jurisdiction as to all matters arising under this Part or out of the exercise by the board or any person of any of the powers conferred by this Part, and that jurisdiction is not open to question or review in any proceeding or by any court.
Review of orders, etc.
(2) The Minister may at any time review any order, direction or decision made by him or her under this Part and confirm, amend or revoke it.
Exclusive jurisdiction
(3) Subject to subsection 230.17 (3), the Lieutenant Governor in Council has exclusive jurisdiction as to the making of an order under subsection 230.3 (2), and that jurisdiction is not open to question or review in any proceeding or by any court.
Review of orders, etc.
(4) The Lieutenant Governor in Council may at any time review any order made by the Lieutenant Governor in Council under subsection 230.3 (2) and confirm, amend or revoke it.
Limitation
(5) This section is subject to section 230.19.
Powers of Minister
230.8 The Minister may make any orders from time to time that he or she considers advisable to carry out the provisions of this Part or any agreement made under it and may make rules in respect of any thing done under this Part.
Forms of certificates, notices, etc.
230.9 Every certificate, notice or other form that is in substantial conformity with the form required for it under this Part is not open to objection on the ground that it is not in the form required by this Part.
Powers exercisable for and in name of board
230.10 Where a board has become subject to an order made under subsection 230.3 (2), all things done by or for the Minister under this Part in relation to the affairs of the board shall for all purposes be deemed to have been done by and for the board and in its name.
Minister to have access to all records
230.11 Where a board has become subject to an order made under subsection 230.3 (2), the Minister shall have access at all times to all records of the board, including but not limited to all by-laws, assessment rolls, collectors’ rolls, minute books, books of account, vouchers and other records relating to the board’s financial transactions, and may inspect and copy them.
Powers to enforce directions, orders, etc.
230.12 (1) Where a board fails to comply with any order, direction or decision of the Minister under this Part, the Minister may, on the notice, if any, that he or she considers appropriate, do or order done all things necessary for compliance with the order, direction or decision, and may exercise all the powers of the board for the purpose, under its name.
Liability for non-compliance
(2) The board and each of its members, officers and employees shall comply with the orders, directions and decisions of the Minister under this Part in any matter relating to the affairs of the board, and any such person who knowingly fails to comply with any such order, direction or decision, or who, as a member of the board, votes contrary to such order, direction or decision, is guilty of an offence and on conviction is liable to a fine of not more than $5,000.
Personal liability and disqualification 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 ordered or authorized by the Minister, the members of the board who voted for the application are,
(a) jointly and severally liable for the amount so applied, which amount may be recovered in a court of competent jurisdiction; and
(b) disqualified for five years from holding any office for which elections are held under the Municipal Elections Act, 1996 or under this Act.
Dismissal of officers or employees
(4) The Minister may dismiss from office any officer or employee of a board who fails to carry out any order, direction or decision of the Minister under this Part and may exercise all the powers of the board for the purpose, under its name.
No indemnification
(5) A board shall not indemnify any of its members, officers or employees with respect to any fine imposed on conviction for an offence under this Part or with respect to any liability under clause (3) (a).
Injunction against exercise of board powers
230.13 The Minister may by injunction proceedings prevent the exercise by or for a board of any of its powers that has not been approved by the Minister, if that approval is required under this Part.
Combining board offices
230.14 Where a board has become subject to an order made under subsection 230.3 (2), the Minister may direct that two or more of the offices of the board shall be combined and held by the same officer, and may subsequently separate any of the offices so combined.
Expenses
230.15 (1) The Minister may direct payment of the fees or remuneration and expenses reasonably incurred by the Ministry under this Part that he or she may determine.
Appointment of Minister
(2) The Minister may appoint a person, who may be an officer of the board, to exercise the powers and perform the duties that the Minister may provide, and the person so appointed shall be paid the salary and allowed the expenses that the Minister may determine.
Board may be heard as to salaries
(3) The Minister, in determining the salaries to be paid to any person appointed under subsection (2), shall give consideration to any representations that the board may at any time make.
Payment of salaries and expenses
(4) All salaries, fees, remuneration and expenses payable under this section and all other expenses incurred by the Minister in carrying out the provisions of this Part or in the exercise of his or her powers under it shall be paid by the board to the extent directed by the Minister and be chargeable to such of its accounts as the Minister may direct.
Conflict
230.16 The powers contained in this Part shall be deemed to be in addition to and not in derogation of any power of the Minister under this or any other Act but, where the provisions of any Act or any other provision of this Act conflict with the provisions of this Part, the provisions of this Part prevail.
Revocation of order
230.17 (1) The Lieutenant Governor in Council shall revoke an order made under subsection 230.3 (2) if the Lieutenant Governor in Council is satisfied that the board is in compliance with the requirements specified under subsection 230.2 (2) or (3), as the case may be.
Same
(2) A member of a board that is subject to an order made under subsection 230.3 (2) may apply to the Divisional Court for an order revoking the order made under subsection 230.3 (2).
Same
(3) The Divisional Court shall make the order applied for under subsection (2) if it is satisfied that the board is in compliance with the requirements specified under subsection 230.2 (2) or (3), as the case may be.
Non-application of Regulations Act
230.18 (1) The Regulations Act does not apply to anything done under any provision of this Part, with the exception of regulations made under subsection 230.1 (3).
Non-application of Statutory Powers Procedure Act
(2) The Statutory Powers Procedure Act does not apply to anything done under this Part.
Denominational, linguistic and cultural issues
230.19 (1) Nothing in this Part authorizes the Minister to interfere with or control,
(a) the denominational aspects of a Roman Catholic board;
(b) the denominational aspects of a Protestant separate school board; or
(c) the linguistic or cultural aspects of a French-language district school board.
Same
(2) The powers under this Part shall be exercised in a manner that is consistent with,
(a) the denominational aspects of a Roman Catholic board;
(b) the denominational aspects of a Protestant separate school board; or
(c) the linguistic or cultural aspects of a French-language district school board.
8. Subsection 257.33 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by striking out “with respect to” at the end of the portion immediately preceding clause (a) and substituting “with respect to all matters, including but not limited to matters respecting”.
9. Section 257.36 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by adding “Where a board is subject to an order under subsection 257.31 (2) or (3)” at the beginning.
10. (1) Subsection 257.37 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by striking out “the board shall not” and substituting “a board that is subject to an order under subsection 257.31 (2) or (3) shall not”.
(2) Subsection 257.37 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by adding “Where a board is subject to an order under subsection 257.31 (2) or (3)” at the beginning.
11. Subsection 257.38 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by adding “Where a board is subject to an order under subsection 257.31 (2) or (3)” at the beginning.
12. Subsection 257.40 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by striking out “Subject to subsection (4)” at the beginning and substituting “Subject to subsections (3) and (4)”.
13. Section 257.44 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by adding “Where a board is subject to an order under subsection 257.31 (2) or (3)” at the beginning.
14. (1) Subsection 257.45 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by striking out “of the Minister in any matter relating to the administration of the affairs of the board” and substituting “of the Minister under this Division in any matter relating to the affairs of the board”.
(2) Subsection 257.45 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by adding “under this Division and may exercise all the powers of the board for the purpose, under its name” at the end.
(3) Section 257.45 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by adding the following subsection:
No indemnification
(5) A board shall not indemnify any of its members, officers or employees with respect to any fine imposed on conviction for an offence under this Division or with respect to any liability under clause (3) (a).
15. Section 257.47 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by adding “Where a board is subject to an order under subsection 257.31 (2) or (3)” at the beginning.
16. Subsection 257.48 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 113, is amended by inserting “to the extent directed by the Minister” after “paid by the board”.
17. (1) Section 264 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 36, is further amended by adding the following subsection:
Duties of elementary school teacher
(1.2) It is the duty of an elementary school teacher and an elementary school temporary teacher to participate in co-instructional activities, in such manner and at such times as the principal directs under clause 265 (2) (b).
(2) Section 264 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 36, is further amended by adding the following subsection:
Duties of secondary school teacher
(1.3) It is the duty of a secondary school teacher and a secondary school temporary teacher to participate in co-instructional activities, in such manner and at such times as the principal directs under clause 265 (2) (b).
18. Section 265 of the Act, as amended by the Statutes of Ontario, 1991, chapter 10, section 6, is further amended by adding the following subsections:
Co-instructional activities
(2) In addition, it is the duty of a principal, in accordance with the board plan under paragraph 7.1 or 7.2 of subsection 170 (1), as the case may be,
(a) to develop and implement a school plan providing for co-instructional activities; and
(b) to assign duties relating to co-instructional activities to teachers and temporary teachers.
Collective agreements
(3) A plan under clause (2) (a) and an assignment under clause (2) (b) may be made despite any applicable conditions or restrictions in a collective agreement.
School council
(4) The principal shall consult the school council at least once in each school year respecting the school plan providing for co-instructional activities.
19. The definition of “record” in subsection 266 (1) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 10, section 7, is amended by striking out “clause 265 (d)” at the end and substituting “clause 265 (1) (d)”.
20. Section 277.2 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 122, is amended by adding the following subsections:
Strike
(4) For the purposes of subsection (1),
(a) the definition of “strike” in section 1 of the Labour Relations Act, 1995 does not apply; and
(b) “strike” includes any action or activity by teachers in combination or in concert or in accordance with a common understanding that is designed to curtail, restrict, limit or interfere with the operation or functioning of one or more school programs, including but not limited to programs involving co-instructional activities, or of one or more schools including, without limiting the foregoing,
(i) withdrawal of services,
(ii) work to rule,
(iii) the giving of notice to terminate contracts of employment.
Role of residents
(5) Any supporter of a board may exercise the same rights that the board may exercise under sections 100 and 109 of the Labour Relations Act, 1995.
21. The Act is amended by striking out “Ontario Court (General Division)” wherever those words occur in the following provisions and substituting in each case “Superior Court of Justice”:
1. The definition of “judge” in subsection 1 (1).
2. Subsections 58.2 (13) and (14), as enacted by the Statutes of Ontario, 1997, chapter 31, section 32.
3. Subsection 194 (2).
4. Subsection 218 (1), as amended by the Statutes of Ontario, 1996, chapter 32, section 70 and 1997, chapter 31, section 111.
5. Subsection 257.11 (19), as enacted by the Statutes of Ontario, 1998, chapter 3, section 34.
6. Subsections 299 (4) and (5), as enacted by the Statutes of Ontario, 1997, chapter 31, section 128.
Transition, general
22. (1) Paragraphs 7.1 and 7.2 of subsection 170 (1) of the Act do not apply in respect of the 1999-2000 school year.
Same
(2) Despite sections 4 and 5 of this Act, sections 170.1 and 170.2 of the Act and any regulations made under those sections, as those sections and those regulations read immediately before this Act receives Royal Assent, continue to apply in respect of the 1999-2000 school year.
Same
(3) Despite subsection (2), where section 23 of this Act applies, the regulations made under section 170.2 of the Act, as they read immediately before this Act receives Royal Assent, do not apply in respect of the 1999-2000 school year.
Same
(4) Section 170.2.1 of the Act does not apply in respect of the 1999-2000 school year.
Definition
(5) In this section,
“school year” has the same meaning as in the Act.
Transition, certain boards
23. (1) Subject to subsection (2), this section applies where the first collective agreement entered into after December 31, 1997 between a board and a designated bargaining agent,
(a) provided, at the time that it was first entered into, for a three year term of operation;
(b) is in operation on the day this Act receives Royal Assent; and
(c) provides that it continues to operate until August 31, 2001.
Same
(2) If any amendment is made to the collective agreement on or after May 10, 2000, this section does not apply, or ceases to apply, as the case may be.
Same
(3) Despite section 5 of this Act, section 170.2 of the Act, as that section read immediately before this Act receives Royal Assent, continues to apply in respect of secondary schools during the 2000-2001 school year.
Same
(4) Section 170.2.1 of the Act does not apply in respect of the 2000-2001 school year.
Definitions
(5) In this section,
“board” has the same meaning as in the Act; (“conseil”)
“designated bargaining agent” has the same meaning as in Part X.1 of the Act; (“agent négociateur désigné”)
“school year” has the same meaning as in the Act. (“année scolaire”)
Commencement
24. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Sections 2, 3, 17, 18, 19 and subsection 22 (1) come into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(3) If a proclamation is issued under subsection (2) during a school year, the proclamation may specify a part of that school year for the purposes of subsection (4).
Same
(4) If a proclamation issued under subsection (2) during a school year specifies a part of that school year and has the effect of bringing a provision of the Act listed in subsection (5) into force, a reference to a school year in that provision shall, for the purposes of that school year, be deemed to be a reference to the specified part of the school year.
Same
(5) The following are the provisions of the Act referred to in subsection (4):
1. Paragraph 7.1 of subsection 170 (1).
2. Paragraph 7.2 of subsection 170 (1).
3. Clause 170 (2.5) (a).
4. Clause 170 (2.5) (b).
5. Subsection 265 (4).
Definition
(6) In this section,
“school year” has the same meaning as in the Act.
Short title
25. The short title of this Act is the Education Accountability Act, 2000.