O. Reg. 37/94: ALTERATION OF SCHOOL BOUNDARIES, London-Middlesex Act, 1992, S.O. 1992, c. 27
London-Middlesex Act, 1992
Loi de 1992 sur London et Middlesex
ONTARIO REGULATION 37/94
Amended to O. Reg. 234/94
ALTERATION OF SCHOOL BOUNDARIES
Note: This Regulation became spent some time before January 1, 2004.
This Regulation is made in English only.
Definitions
1. In this Regulation,
“annexed area” means the lands annexed to the City of London under clause 2 (1) (a) of the Act;
“London Board” means the Board of Education for the City of London;
“Middlesex Board” means the Middlesex County Board of Education. O.Reg. 37/94, s. 1.
Boundaries
2. On July 1, 1994, the boundaries of the Middlesex Board and the London Board are altered as follows:
1. The boundaries of the Middlesex Board shall include all the territory within the boundaries of the County of Middlesex as of July 1, 1994 except the territory that is within the boundaries of the City of London as of July 1, 1994.
2. The boundaries of the London Board coincide with the boundaries of the City of London as of July 1, 1994. O.Reg. 37/94, s. 2.
Transfer of Assets
3. (1) On July 1, 1994, the property (including land, buildings, fixtures, furniture and equipment) on the sites of the following schools belonging to the Middlesex Board vests in the London Board, without compensation:
1. A.E. Duffield Elementary School.
2. M.B. McEachren Elementary School.
3. Westminster Central Elementary School.
(2) Despite subsection (1), if the Middlesex Board has any outstanding debt with respect to the property mentioned in subsection (1), the London Board shall pay the Middlesex Board the full amount of the debt, with interest, on or before the day the debt falls due.
(3) If the London Board fails to make a payment under subsection (2) on the day the debt falls due, the Middlesex Board may charge the London Board interest from the day the debt falls due until the day payment is made.
(4) Interest paid under subsection (3) shall be at a rate not exceeding the prime interest rate relating to the time the debt falls due.
(5) In subsection (4),
“prime interest rate” means the minimum lending rate of the majority of banks listed in Schedule I or II to the Bank Act (Canada). O.Reg. 37/94, s. 3.
Elections
4. (1) For the purposes of the 1994 regular election under the Municipal Elections Act, the alteration of the boundaries of the Middlesex Board and of the London Board under section 2 shall be deemed to have taken effect on January 1, 1994.
(2) Despite subsection 230 (25) of the Education Act and any existing by-law of the City of London establishing electoral areas for the London Board, each ward of the City established by regulation made under subsection 7 (1) of the Act shall constitute an electoral area for the purposes of the 1994 regular election under the Municipal Elections Act. O.Reg. 37/94, s. 4.
5. (1) Despite section 230 of the Education Act, for the period from July 1, 1994 to December 1, 1994, the number of members on the Middlesex Board and on the London Board shall be adjusted in accordance with subsection (2).
(2) On July 1, 1994, the member of the Middlesex Board described in subsection (3) shall cease to be a member of the Middlesex Board and shall sit as a member of the London Board representing the annexed area for a term expiring on December 1, 1994.
(3) The member of the Middlesex Board referred to in subsection (2) is the member who represents the area comprising the former Town of Westminster and the former Township of Delaware and who resides in the City of London.
(4) In subsection (3),
“former Town of Westminster” means the Town of Westminster as it existed on December 31, 1992; and
“former Township of Delaware” means the Township of Delaware as it existed on December 31, 1992.
(5) Nothing in this section has the effect of altering the number of members on the French-language section of the London Board. O.Reg. 37/94, s. 5.
Continuing Right to Attend Same School
6. (1) If, on June 30, 1994, a person has a right to attend, and is enrolled in, a school of the Middlesex Board and, on July 1, 1994, because of the alteration to school boundaries under section 2 the person no longer has the right to attend the school under Part II of the Education Act, the person has the right to attend the school until he or she completes his or her education in the school or until such time as is determined in accordance with this Regulation.
(2) Subsection (1) does not apply to a person who, on June 30, 1994, is enrolled in a school mentioned in subsection 3 (1) if,
(a) the person resides in the annexed area on June 30, 1994;
(b) the person was placed in that school in order to attend a special education program; or
(c) the person was placed in that school under an agreement entered into by the Middlesex Board under section 188 of the Education Act to provide instruction to Indian pupils.
(3) Despite clause (2) (c), if an Indian pupil was enrolled in and attended a school mentioned in subsection 3 (1) on June 30, 1994 and, on July 1, 1994, because of the alteration to school boundaries under section 2 the pupil no longer has the right to attend the school under an agreement entered into under section 188 of the Education Act to provide instruction to Indian pupils, the pupil has the right to continue attending the school if,
(a) the pupil attends the school pursuant to an agreement entered into by the London Board under section 188 of the Education Act; or
(b) the Indian band of which the pupil is a member pays to the London Board a fee in respect of the pupil calculated in accordance with the regulations made under clause 11 (3) (a) of the Education Act.
(4) A person ceases to be entitled to continue to attend a school under subsection (1) if the person ceases to reside in the attendance area for that school as it existed on January 1, 1994.
(5) For the purposes of subsection (1), River Heights Elementary School and Northdale Central Elementary School shall be deemed to be one school and a person who, on June 30, 1994, is enrolled at River Heights Elementary School shall, on July 1, 1994, be entitled to attend that school until he or she completes his or her education in the school and then to attend Northdale Central Elementary School until he or she completes his or her education at that school. O.Reg. 163/94, s. 1.
7. (1) If, on June 30, 1994, a person is enrolled in the French immersion program of the Middlesex Board that is offered at A.E. Duffield Elementary School or M.B. McEachren Elementary School and, on July 1, 1994, because of the alteration of school boundaries under section 2 the person no longer has the right to attend the school, the person has the right,
(a) for at least the 1994-95 and 1995-96 school years, to be enrolled in a similar French immersion program offered by the London Board at either the A.E. Duffield Elementary School or the M.B. McEachren Elementary School, as the London Board may determine, and to attend the school; and
(b) after completing the 1995-96 school year, to continue to be enrolled in a similar French immersion program offered by the London Board at the same school or at a different school of the London Board and to attend that school until the completion of grade eight.
(2) A person described in subsection (1) ceases to be entitled to the rights under that subsection if,
(a) in the case of a person who resides in the County of Middlesex on June 30, 1994, either the Middlesex Board or the London Board ceases to offer a French immersion program; or
(b) in the case of a person who resides in the annexed area on June 30, 1994, the London Board ceases to offer a French immersion program.
(3) If, on June 30, 1994, a person resides in the annexed area and is enrolled in the French immersion program of the Middlesex Board that is offered at Lucan Elementary School or Biddulph Central Elementary School and, on July 1, 1994, because of the alteration of school boundaries under section 2 the person no longer has the right to attend the school, the person has the right,
(a) for at least the 1994-95 and 1995-96 school years, to be enrolled in a similar French immersion program offered by the Middlesex Board at either Biddulph Central Elementary School or Lucan Elementary School, as the Middlesex Board may determine, and to attend the school; and
(b) after completing the 1995-96 school year, to continue to be enrolled in a similar French immersion program offered by the Middlesex Board at the same school or at a different school from the Middlesex Board and to attend that school until the completion of grade eight.
(4) A person described in subsection (3) ceases to be entitled to the rights under that subsection if either the Middlesex Board or the London Board ceases to offer a French immersion program.
(5) For the purposes of subsection (3), Lucan Elementary School and Biddulph Central Elementary School shall be deemed to be one school and a person who, on June 30, 1994, is enrolled in the French immersion program at Lucan Elementary School shall, on July 1, 1994 and until the end of the 1995-96 school year, have the right,
(a) to be enrolled in the French immersion program at Lucan Elementary School and attend that school; and
(b) if the person completes grade three before the end of the 1995-96 school year, to be enrolled in the French immersion program in Biddulph Central Elementary School and attend that school.
(6) A person who attends a French immersion program in a school by virtue of a right under subsection (1) or (3) shall not, upon withdrawing from the French immersion program, be entitled to continue to attend that school under section 6. O.Reg. 163/94, s. 1.
8. (1) The Middlesex Board shall ensure the transportation to school of persons who, on July 1, 1994, live in the territory that is within the jurisdiction of the Middlesex Board and, by virtue of a right under section 6 or 7, attend a school in the annexed area.
(2) The London Board or, at the request of the London Board, the Middlesex Board shall ensure the transportation to school of persons who, on July 1, 1994, live in the annexed area and, by virtue of a right under section 6 or 7, attend a school that is within the jurisdiction of the Middlesex Board.
(3) If the Middlesex Board transports a person to school under subsection (2), the London Board shall compensate the Middlesex Board monthly for the cost of transporting the person during a school year.
(4) Despite anything in this section, a person who attends a school by virtue of a right under section 6 or 7 is not entitled to transportation to school under this section if, on or after July 1, 1994,
(a) the board responsible for transporting the person to school under this section makes a change to its policy regarding the transportation of pupils within the board’s area of jurisdiction; and
(b) the change in policy would have disentitled the person to transportation if the person’s residence and school had both been situated in the board’s area of jurisdiction. O.Reg. 163/94, s. 1.
9. (1) If, on or after July 1, 1994, a person attends a school by virtue of a right under section 6 or 7, the board of which the person is qualified to be a resident pupil shall pay to the board that operates the school a fee in respect of the person calculated in accordance with the regulations made under clause 11 (3) (a) of the Education Act.
(2) In this section,
“board” means the London Board or the Middlesex Board;
“resident pupil” has the same meaning as in the Education Act. O.Reg. 163/94, s. 1.
10. (1) Despite the alteration to school boundaries under section 2, if, on June 30, 1994, a person is enrolled in a school mentioned in subsection 3 (1) by virtue of a right to attend the school under subsection 54 (1) of the Act, that person continues, on July 1, 1994, to have the right to attend the school in accordance with the right under subsection 54 (1) of the Act.
(2) The Elgin County Board of Education shall pay to the London Board a fee calculated in accordance with the regulations made under clause 11 (3) (a) of the Education Act in respect of any person who, on or after July 1, 1994, attends a school mentioned in subsection 3 (1) by virtue of the right in subsection 54 (1) of the Act.
(3) The Elgin County Board of Education or, at the request of the Elgin County Board of Education, the London Board shall ensure the transportation to school of persons who, on or after July 1, 1994, attend a school mentioned in subsection 3 (1) by virtue of a right under subsection 54 (1) of the Act.
(4) If the London Board transports a person to school under subsection (3), the Elgin County Board of Education shall compensate the London Board monthly for the cost of transporting the person during a school year.
(5) Despite subsection (3) or (4), a person who attends a school by virtue of a right under subsection 54 (1) of the Act is not entitled to transportation to school under subsection (3) if, on or after July 1, 1994,
(a) the board responsible for transporting the person to school under subsection (3) makes a change to its policy regarding the transportation of pupils within the board’s area of jurisdiction; and
(b) the change in policy would have disentitled the person to transportation if the person’s residence and school had both been situated in the board’s area of jurisdiction. O.Reg. 163/94, s. 1.
11. Nothing in this Regulation shall give a person who is entitled to attend a school under section 6 or 10 or a French immersion program under section 7 the right to return to that school or program once the person becomes enrolled in and attends a different school or program. O.Reg. 163/94, s. 1.
12. Nothing in this Regulation shall give a person who attends an elementary school or a French immersion program at an elementary school by virtue of a right under section 6, 7 or 10 the right, upon completing elementary schooling, to attend a secondary school in the same attendance area. O.Reg. 163/94, s. 1.
Sharing of 1994 Taxes
13. (1) The annexed area shall be deemed to be within the school division of both the London Board and the Middlesex Board for the period from January 1, 1994 to December 31, 1994 for the purposes of,
(a) an apportionment made in 1994 by the London Board or the Middlesex Board under a regulation made under subsection 39 (2) of the Act or subsesction 240 (1) of the Education Act; or
(b) a levy of taxes by the City of London under Part IX of the Education Act in 1994.
(2) If apportionments are made by the London Board or the Middlesex Board in 1994 under a regulation made under subsection 240 (1) of the Education Act,
(a) each merged area shall be deemed to be a municipality and the council of the City of London shall be deemed to be the council of each merged area;
(b) the apportionment by the London Board shall be based on an assessment for each merged area, excluding the merged area described in clause 37 (a) of the Act, that is equal to 40 per cent of the actual assessment for the merged area; and
(c) the apportionment by the Middlesex Board shall be based on an assessment for each merged area, excluding the merged area described in clause 37 (a) of the Act, that is equal to 60 per cent of the actual assessment for the merged area.
(3) For the purposes of statements and requisitions submitted to the council of a municipality by a divisional board under subsection 236 (1) of the Education Act, each merged area shall be deemed to be a municipality and the council of the City of London shall be deemed to be the council of each merged area.
(4) In subsections (2) and (3),
“merged area” means a merged area as defined in section 37 of the Act.
(5) Despite subsection 244 (2) of the Education Act, any sum collected by the City of London for school purposes in excess of the amount required by the Middlesex Board in 1994 in respect of the annexed area shall be paid to the Middlesex Board. O.Reg. 163/94, s.1.
Transfer of Employees
14. (1) The employment contract of a person who, on June 30, 1994, is employed by the Middlesex Board at a school mentioned in subsection 3 (1) is transferred to the London Board on July 1, 1994.
(2) A transfer under subsection (1) is governed by the terms and conditions set out in the document entitled “Board of Education Staff: Transfer from Middlesex to London” dated March 7, 1994 and available in the office of the Director of the London Board.
(3) Subsection (1) does not apply with respect to the employment contract of a teacher who retires or resigns on or before August 31, 1994.
(4) In accordance with its obligations under subsection 180 (5) of the Education Act, the London Board shall,
(a) establish and implement a sick leave credit plan and a termination of employment benefits plan equivalent to the sick leave credit plan and termination of employment benefits plan of the Middlesex Board for any employee whose employment contract is transferred under subsection (1); and
(b) place the sick leave credits and the termination of employment benefits that are standing to the credit of the transferred employee in the Middlesex Board’s plans as of the day of the transfer to the credit of the transferred employee in the plans established under clause (a).
(5) The termination of employment benefits placed to the credit of an employee under clause (4) (b) shall be so placed whether or not the benefits have vested.
(6) Nothing in this section shall require the Middlesex Board to pay, or contribute to the payment of, the termination of employment benefits upon termination of employment of an employee transferred under subsection (1). O. Reg. 234/94, s. 1.
