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O. Reg. 460/97: TRANSITION FROM OLD BOARDS TO DISTRICT SCHOOL BOARDS

under Education Act, R.S.O. 1990, c. E.2

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Versions
revoked or spent June 4, 2010
August 27, 1998 June 3, 2010

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Education Act

ONTARIO REGULATION 460/97

TRANSITION FROM OLD BOARDS TO DISTRICT SCHOOL BOARDS

Note: This Regulation was revoked on June 4, 2010. See: O. Reg. 201/10, ss. 1, 2.

Last amendment: O. Reg. 201/10.

This is the English version of a bilingual regulation.

PART I
DEFINITIONS

1. In this Regulation,

“assets” includes real and personal property; (“éléments d’actif”)

“assets, liabilities and employees”, associated with an old board, means,

(a) the assets and liabilities that the designated board associated with the old board acquired as a result of the merger under section 2 of the old board with the designated board, and

(b) the employees who were transferred under section 2 from the old board to the designated board associated with the old board; (“éléments d’actif, éléments de passif et employés”)

“Commission” means Education Improvement Commission; (“Commission”)

“designated board”, associated with an old board, means the district school board that is listed in Column 2 of Schedule 1, opposite the old board listed in Column 1 of Schedule 1; (“conseil désigné”)

“supported board”, associated with an old board, means the district school board that is listed in Column 3 of Schedule 1, opposite the old board listed in Column 1 of Schedule 1. (“conseil secondé”) O. Reg. 460/97, s. 1.

PART II
MERGER OF OLD BOARDS WITH DISTRICT SCHOOL BOARDS AND RELATED EMPLOYEE TRANSFERS

2. Effective January 1, 1998,

(a) each employee of each old board listed in Column 1 of Schedule 1 is transferred to the district school board listed opposite in Column 2 of Schedule 1; and

(b) immediately after the transfer under clause (a), each old board listed in Column 1 of Schedule 1 is merged with and continued as the district school board listed opposite in Column 2 of Schedule 1. O. Reg. 460/97, s. 2.

PART III
INTERIM ROLE OF DESIGNATED BOARD

3. (1) Until an order under this Regulation determining the disposition of an asset, liability or employee associated with an old board takes effect, the designated board associated with the old board shall manage the asset, liability or employee.

(2) Where a designated board is required to manage assets, liabilities or employees under subsection (1), it shall do so for and on behalf of,

(a) itself; and

(b) the supported board associated with the old board. O. Reg. 460/97, s. 3.

4. (1) The designated board associated with an old board shall exercise the powers and carry out the duties of the supported board associated with the old board as necessary in order to,

(a) provide continuity in the education of pupils who have the right to attend schools governed by the supported board; and

(b) permit a smooth transition from governance by the old board to governance by the district school boards.

(2) Thedesignated board shall not exercise any power or carry out any duty of the supported board under this section after the earlier of,

(a) December 31, 1998; and

(b) a date specified for the purposes of this subsection by the Commission in relation to the designated board and the supported board, in a written notice to the two boards. O. Reg. 460/97, s. 4.

5. (1) For the purposes of sections 3 and 4, in order to ensure that the governance role of the supported board associated with an old board is respected as required by subsection 58.2.1 (7) of the Act, the designated board associated with the old board shall,

(a) be guided by the principles underlying sections 312, 318 and 325 of the Act, as it read immediately before January 1, 1998; and

(b) follow any directives issued by the Commission under subsection (2).

(2) The Commission may issue directives to district school boards respecting how the requirements of the following provisions are to be met:

1. Subsection (1) of this section.

2. Sections 3 and 4.

3. Subsection 58.2.1 (7) of the Act.

(3) In issuing a directive under subsection (2), the Commission shall be guided by the principles underlying sections 312, 318 and 325 of the Act, as it read immediately before January 1, 1998. O. Reg. 460/97, s. 5.

6. (1) This section applies where,

(a) on December 31, 1997, there is an agreement in effect between two old boards; and

(b) on January 1, 1998, the old boards are merged with district school boards.

(2) Until January 1, 1999, the district school boards referred to in clause (1) (b) may not amend or revoke the agreement referred to in clause (1) (a) without the prior written approval of the Commission.

(3) The Commission shall not give the approval without giving each district school board with an interest in the agreement an opportunity to make representations to the Commission. O. Reg. 460/97, s. 6.

PART IV
ORDERS ON JOINT REQUEST

Joint Request for Order

7. (1) The supported board associated with an old board and the designated board associated with the old board may jointly request, in writing, that the Commission make an order with respect to any asset, liability or employee associated with the old board.

(2) A joint request may be made under subsection (1) at any time before the Commission makes an order under this Regulation determining the disposition of the asset, liability or employee.

(3) A joint request may be in respect of any group of assets, liabilities and employees associated with one or more old boards with which both the designated board and the supported board are associated.

(4) The joint request must identify the assets, liabilities and employees that are the subject of the request and, with respect to each, state whether the asset, liability or employee should be transferred to the supported board or remain with the designated board.

(5) The joint request may include representations respecting the proposed disposition, including but not limited to representations respecting,

(a) the timing of any transfer; and

(b) the terms and conditions to which the transfer order should be subject. O. Reg. 460/97, s. 7.

Authority of Commission to Make Order on Joint Request

8. (1) The Commission may make an order under this Part determining the disposition of assets, liabilities and employees that are the subject of a joint request.

(2) Subject to subsections (4) and (5) and section 9, the order may be in accordance with the joint request or may vary from it, as the Commission considers appropriate having regard to,

(a) the needs of the designated board;

(b) the needs of the supported board; and

(c) where applicable, the interests described in subsection 33 (4).

(3) In addition to the matters mentioned in clauses (2) (a) to (c), in the case of an order respecting an employee, the Commission may take into account the preferences of the employee where the Commission considers it appropriate to do so.

(4) Subject to subsections (5) and (6) and section 9, the order,

(a) shall specify the time at which the disposition of each asset, liability or employee is to take effect; and

(b) may be made subject to the terms and conditions that the Commission considers appropriate having regard to the matters referred to in clauses (2) (a) to (c).

(5) The Commission shall not make an order respecting any asset, liability or employee under this Part unless,

(a) the Commission is satisfied that the order will not unduly impair the ability of the designated board to exercise its powers, carry out its duties and conduct its day-to-day operations;

(b) the Commission is satisfied that the supported board will be able to discharge its administrative and operational responsibilities for the assets, liabilities and employees that will be transferred to it under the order; and

(c) the designated board and the supported board state in writing that they agree with the order.

(6) In addition, the Commission shall not make an order under this Part determining whether an employee is to be transferred to a supported board or is to remain with a designated board unless,

(a) the employee agrees to the determination in writing;

(b) the employee has been notified in accordance with directives issued by the Commission of the proposal with respect to him or her in the joint request, 15 days have elapsed from the notification and no dispute resolution process is ongoing under Part V with respect to the employee; or

(c) the employee has been the subject of a dispute resolution process under Part V and that process is no longer ongoing, whether because of the issuance of a notice under section 13 or because the process as established by the Commission’s directives has been completed. O. Reg. 460/97, s. 8.

Timing of Orders on Joint Request

9. (1) Subject to subsections (2) and (4), an order under this Part determining the disposition of an asset, liability or employee shall not be made after August 31, 1998 and shall not provide for the transfer of any asset, liability or employee after August 31, 1998. O. Reg. 460/97, s. 9 (1); O. Reg. 477/98, s. 1 (1).

(2) The Commission may make an order under this Part determining the disposition of an asset or liability at any time before January 1, 1999 if, on August 31, 1998, a dispute resolution process under Part V as to the disposition is ongoing.

(3) An order made under subsection (2) shall not provide for the transfer of any asset or liability after December 31, 1998. O. Reg. 460/97, s. 9 (2, 3).

(4) The Commission may make an order under this Part determining the disposition of an employee at any time before October 31, 1998 if,

(a) on August 31, 1998, the employee was employed by the Algoma District School Board or the Rainbow District School Board; and

(b) on or after August 31, 1998, a dispute resolution process under Part V as to the disposition of the employee was ongoing.

(5) An order made under subsection (4) shall not provide for the transfer of an employee after October 30, 1998. O. Reg. 477/98, s. 1 (2).

PART V
DISPUTE RESOLUTION PROCESS

10. (1) The Commission shall establish a process for resolving disputes with respect to the holding in trust, transfer and vesting of assets, the transfer of liabilities and the transfer of employees of old boards to and among district school boards.

(2) A hearing under the dispute resolution process, whether written or oral, shall be held by the Commission or by a panel, established under section 27, of one or more members of the Commission.

(3) The Commission may issue directives for the purpose of implementing the dispute resolution process. O. Reg. 460/97, s. 10.

11. (1) Subject to subsection (1.1), the Commission shall take such steps and issue such directives as it considers necessary to ensure that, by August 31, 1998, all dispute resolution processes respecting employees,

(a) are completed in accordance with the Commission’s directives establishing the dispute resolution process; or

(b) are discontinued because of the issuance of a notice under section 13. O. Reg. 460/97, s. 11 (1); O. Reg. 477/98, s. 2 (1).

(1.1) The Commission shall take such steps and issue such directives as it considers necessary to ensure that, by October 30, 1998, all dispute resolution processes respecting employees described in clause 9 (4) (a),

(a) are completed in accordance with the Commission’s directives establishing the dispute resolution process; or

(b) are discontinued because of the issuance of a notice under section 13. O. Reg. 477/98, s. 2 (2).

(2) The Commission shall take such steps and issue such directives as it considers necessary to ensure that, by December 31, 1998, all dispute resolution processes respecting assets and liabilities,

(a) are completed in accordance with the Commission’s directives establishing the dispute resolution process; or

(b) are discontinued because of the issuance of a notice under section 13. O. Reg. 460/97, s. 11 (2).

12. (1) Subject to section 13, the dispute resolution process applies to every asset and liability associated with an old board the disposition of which has not been determined by an order under Part IV before April 1, 1998.

(2) Subject to section 13, the dispute resolution process applies to every employee associated with an old board whose disposition has not been determined by an order under Part IV before March 1, 1998.

(3) Subject to section 13, the dispute resolution process applies to every asset, liability or employee in respect of which notice is given under subsection (4).

(4) A designated board associated with an old board or a supported board associated with an old board may, in accordance with the directives issued under section 10, give written notice invoking the dispute resolution process in respect of any asset, liability or employee associated with the old board.

(5) A notice under subsection (4) may be given in respect of an asset or liability at any time before April 1, 1998 and in respect of an employee at any time before March 1, 1998.

(6) Subject to section 13, the dispute resolution process applies to every employee in respect of whom notice is given under subsection (7).

(7) An employee associated with an old board may, in accordance with the directives issued under section 10, give written notice invoking the dispute resolution process in respect of himself or herself.

(8) A notice under subsection (7) may be given at any time before March 1, 1998. O. Reg. 460/97, s. 12.

13. (1) The Commission shall monitor all dispute resolution processes in order to identify, in each case as soon as is reasonably possible,

(a) each asset or liability with respect to which there is agreement between the supported board and the designated board; and

(b) each employee with respect to whom there is agreement among the employee, the supported board and the designated board.

(2) The Commission shall issue such directives as it considers appropriate to assist it in carrying out its obligations under subsection (1).

(3) When the Commission identifies an asset, liability or employee under subsection (1), the Commission shall, as soon as reasonably possible, issue a written notice to that effect.

(4) The notice under subsection (3) shall be given to the supported board and the designated board.

(5) Where the notice under subsection (3) relates to an employee, the notice shall also be given to the employee.

(6) The dispute resolution process ceases to apply to an asset, liability or employee when the Commission issues,

(a) a notice under subsection (3); or

(b) an order under this Regulation determining the disposition of the asset, liability or employee. O. Reg. 460/97, s. 13.

PART VI
ORDERS WITHOUT JOINT REQUEST

14. (1) Subject to subsection (3), at any time before August 31, 1998, the Commission may make an order determining the disposition of any asset, liability or employee associated with an old board the disposition of which has not been determined by an order made under this Regulation if,

(a) the asset, liability or employee has been the subject of a dispute resolution process under Part V; and

(b) that asset, liability or employee is no longer the subject of the dispute resolution process, whether because of the issuance of a notice under section 13 or because the process as established by the Commission’s directives has been completed. O. Reg. 460/97, s. 14 (1); O. Reg. 477/98, s. 3 (1).

(2) An order made under subsection (1) shall not provide for the transfer of any asset, liability or employee after August 31, 1998. O. Reg. 460/97, s. 14 (2).

(3) At any time before October 31, 1998, the Commission may make an order determining the disposition of an employee, the disposition of whom has not been determined by an order made under this Regulation if,

(a) on August 31, 1998, the employee was an employee of the Algoma District School Board or the Rainbow District School Board;

(b) on or after August 31, 1998, a dispute resolution process under Part V as to the disposition of the employee was ongoing; and

(c) the employee is no longer the subject of the dispute resolution process, whether because of the issuance of a notice under section 13 or because the process as established by the Commission’s directives has been completed.

(4) An order made under subsection (3) shall not provide for the transfer of any employee after October 30, 1998. O. Reg. 477/98, s. 3 (2).

15. (1) On August 31, 1998, the Commission shall make an order determining the disposition of each employee associated with an old board whose disposition has not been determined by an order made under this Regulation.

(2) An order made under subsection (1) shall not provide for the transfer of any employee after August 31, 1998. O. Reg. 460/97, s. 15 (1, 2).

(2.1) Subsections (1) and (2) do not apply to an employee if,

(a) on August 31, 1998, the employee is employed by the Algoma District School Board or the Rainbow District School Board; and

(b) on or after August 31, 1998, a dispute resolution process under Part V as to the disposition of the employee is ongoing.

(2.2) On October 30, 1998, the Commission shall make an order determining the disposition of each employee referred to in subsection (2.1) whose disposition has not been determined by an order made under this Regulation.

(2.3) An order made under subsection (2.2) shall not provide for the transfer of any employee after October 30, 1998. O. Reg. 477/98, s. 4.

(3) Subsection (4) applies if the dispute resolution process under Part V in respect of an asset or liability is no longer ongoing, whether because of the issuance of a notice under section 13 or because the process as established by the Commission’s directives has been completed.

(4) On August 31, 1998, the Commission shall make an order determining the disposition of each asset or liability associated with an old board the disposition of which has not been determined by an order made under this Regulation.

(5) An order made under subsection (4) shall not provide for the transfer of any asset or liability after August 31, 1998. O. Reg. 460/97, s. 15 (3-5).

16. (1) At any time after August 31, 1998 and before December 31, 1998, the Commission may make an order determining the disposition of any asset or liability associated with an old board the disposition of which has not been determined by an order made under this Regulation, if the dispute resolution process under Part V in respect of the asset or liability is no longer ongoing, whether because of the issuance of a notice under section 13 or because the process as established by the Commission’s directives has been completed.

(2) An order made under subsection (1) shall not provide for the transfer of any asset or liability after December 31, 1998. O. Reg. 460/97, s. 16.

17. (1) On December 31, 1998, the Commission shall make an order determining the disposition of each asset and liability associated with each old board the disposition of which has not been determined by an order made under this Regulation.

(2) An order made under subsection (1) shall not provide for the transfer of any asset or liability after December 31, 1998. O. Reg. 460/97, s. 17.

18. (1) In making an order under this Part, the Commission shall have regard to,

(a) the needs of the designated board;

(b) the needs of the supported board; and

(c) where applicable, the interests described in subsection 33 (4).

(2) In making an order under this Part respecting an employee, the Commission may also take into account the preferences of the employee where the Commission considers it appropriate to do so. O. Reg. 460/97, s. 18 (1, 2).

(3) An order made under this Part shall specify, subject to subsections 14 (2), 14 (4), 15 (2), 15 (2.3) 15 (5), 16 (2) and 17 (2), the time at which the disposition of each asset, liability or employee is to take effect. O. Reg. 460/97, s. 18 (3); O. Reg. 477/98, s. 5.

(4) An order made under this Part may be made subject to the terms and conditions that the Commission considers appropriate having regard to the matters referred to in clauses (1) (a) to (c). O. Reg. 460/97, s. 18 (4).

PART VII
PAYMENT BY SUPPORTED BOARD FOR SERVICES OF DESIGNATED BOARD

Definitions

19. In this Part,

“designated board’s actual costs” means the actual costs incurred by a designated board associated with an old board in managing the assets, liabilities and employees associated with the old board; (“frais réels”)

“exclusive jurisdiction costs” means costs incurred by a designated board for which payment is required under section 20; (“frais de compétence exclusive”)

“1997 expenditure allocation form” means the form that,

(a) is referred to in the B4 memorandum to directors of education dated November 18, 1997, and

(b) was provided by the Ministry for the purpose of determining the French-English split of 1997 expenditures by old boards; (“formule de répartition des dépenses pour 1997”)

“supported board’s common jurisdiction expenditure costs” means the common jurisdiction expenditure costs of a supported board associated with an old board, as calculated under the legislative grant regulation applicable to the period beginning January 1, 1998 and ending August 31, 1998. (“frais qui incombent au conseil secondé au titre des dépenses de compétence commune”) O. Reg. 460/97, s. 19.

Exclusive Jurisdiction Expenditures for January 1, 1998 to August 31, 1998

20. (1) This section applies where the old board that was merged under section 2 with a designated board had a minority language section within the meaning of the Act, as it read immediately before January 1, 1998.

(2) The supported board associated with an old board shall pay to the designated board associated with the old board the total of the designated board’s actual costs incurred during the period beginning January 1, 1998 and ending August 31, 1998 for matters listed as exclusive jurisdiction expenditures on the 1997 expenditure allocation form for the old board. O. Reg. 460/97, s. 20.

Common Jurisdiction Expenditures for January 1, 1998 to August 31, 1998 Where no Transfer Occurs Before August 31, 1998

21. (1) This section applies whether or not the old board that was merged under section 2 with a designated board had a minority language section within the meaning of the Act, as it read immediately before January 1, 1998.

(2) This section applies in respect of the period beginning January 1, 1998 and ending August 31, 1998 where, throughout that period, no asset, liability or employee associated with an old board is transferred from the designated board associated with the old board to the supported board associated with the old board.

(3) The supported board associated with an old board shall pay to the designated board associated with the old board the supported board’s common jurisdiction expenditure costs. O. Reg. 460/97, s. 21.

Other Expenditures

22. (1) This section applies whether or not the old board that was merged under section 2 with a designated board had a minority language section within the meaning of the Act, as it read immediately before January 1, 1998.

(2) This section applies to costs incurred by a designated board associated with an old board in respect of which payment is not provided by section 20 or 21.

(3) Examples of costs to which this section applies include:

1. Costs, other than exclusive jurisdiction costs, in respect of the period beginning January 1, 1998 and ending August 31, 1998 where, during that period, one or more assets, liabilities or employees associated with the old board are transferred from the designated board associated with the old board to the supported board associated with the old board.

2. Costs in respect of the period beginning January 1, 1998 and ending August 31, 1998 where the old board had no minority language section and was, immediately before January 1, 1998, purchasing English-language or French-language educational programs or services, as the case may be, for its minority language pupils.

3. Costs in respect of the period beginning September 1, 1998 and ending December 31, 1998.

(4) The supported board associated with an old board shall pay to the designated board associated with the old board amounts determined in accordance with directives issued by the Commission under subsection (5).

(5) The Commission shall issue directives respecting the amounts payable under subsection (4), in order to provide for payments by the supported board to the designated board in respect of costs incurred by the designated board in meeting requirements under Part III of this Regulation. O. Reg. 460/97, s. 22.

23. (1) This section applies to district school boards affected by the operation of section 6 or 33.

(2) Adistrict school board shall pay to another district school board amounts determined in accordance with directives issued by the Commission under subsection (3).

(3) The Commission shall issue directives respecting amounts payable under subsection (2), in order to provide for payments by one district school board to another district school board in respect of costs incurred by the second district school board in meeting requirements under clause 58.1 (2) (q) of the Act.

(4) A directive under subsection (3) may provide for an adjustment of amounts that would otherwise be payable under section 20, 21 or 22. O. Reg. 460/97, s. 23.

23.1 An order of the Education Improvement Commission that provides for the transfer of employees of the Algoma District School Board or the Rainbow District School Board after August 31, 1998, shall also provide for an adjustment of amounts payable from September 1, 1998 to the date of the transfer by the board to which they are transferred to the Algoma District School Board or the Rainbow District School Board, as the case may be. O. Reg. 477/98, s. 6.

Dispute Resolution

24. (1) The Commission shall establish a process for resolving disputes with respect to payments to be made under this Part.

(2) The Commission may issue directives for the purpose of implementing the dispute resolution process. O. Reg. 460/97, s. 24.

General

25. (1) On application made from time to time by a supported board associated with an old board or a designated board associated with an old board, the Commission may order payments to be made or accounts to be adjusted for the purpose of ensuring that the requirements of this Part are met.

(2) An order under this section may be made subject to the terms and conditions that the Commission considers appropriate.

(3) An order under this section shall be in respect of costs incurred during the period beginning January 1, 1998 and ending December 31, 1998.

(4) An order under this section may be made at any time before September 1, 1999. O. Reg. 460/97, s. 25.

26. (1) The Commission may issue directives respecting the making of interim or periodic payments under this Part.

(2) Without limiting the generality of subsection (1), the directives may require interim or periodic payments to be made in respect of matters listed as common jurisdiction expenditures on the 1997 expenditure allocation form, before the legislative grant regulation applicable to the period beginning January 1, 1998 and ending August 31, 1998 is made.

(3) The directives may include provisions respecting the payment of interest and the allowance of discounts in circumstances specified in the directives.

(4) Where the directives include provisions respecting interest payments and discount allowances, the rate of interest payable or the rate of discount allowable, as the case may be, is the lowest prime rate reported to the Bank of Canada by any of the banks listed in Schedule 1 to the Bank Act (Canada) at the relevant date. O. Reg. 460/97, s. 26.

PART VIII
GENERAL POWERS AND DUTIES OF THE COMMISSION

27. The Commission may establish panels of one or more members to exercise specified powers and carry out specified duties of the Commission in the place of the Commission. O. Reg. 460/97, s. 27.

28. The Commission may issue directives respecting the procedures to be followed and deadlines to be met in connection with anything done under this Regulation. O. Reg. 460/97, s. 28.

29. Any directive issued under this Regulation may be general or particular. O. Reg. 460/97, s. 29.

30. (1) The Commission may vary any of its orders under this Regulation by varying the date on which the order, or any part of the order, is to take effect.

(2) Subsection (1) is subject to any provision of this Regulation that sets a date by which an order must be made or by which an order must take effect. O. Reg. 460/97, s. 30.

31. Where the Commission is required by this Regulation or the directives issued under it to give a notice to an employee and the employee is represented by a bargaining agent for collective bargaining purposes, the Commission shall also give the notice to the bargaining agent. O. Reg. 460/97, s. 31.

32. (1) In addition to the powers and duties of the Commission under Parts II to VII of this Regulation, the Commission has the following powers and shall exercise the following duties:

1. The power and duty to issue directives to district school boards and other classes of persons or bodies specified by the Commission respecting criteria to be applied and processes to be followed in developing recommendations to the Commission with respect to any matter referred to in clauses 58.1 (2) (p) and 58.2 (1) (b) and (c) of the Act.

2. The power and duty to issue directives respecting the participation of classes of persons or bodies specified by the Commission in the development of recommendations referred to in paragraph 1.

3. The power and duty to make determinations respecting the holding in trust, transfer and vesting of assets, the transfer of liabilities and the transfer of employees of old boards to and among district school boards for the purpose of making orders under this Regulation.

4. The power and duty to determine by or against which district school boards legal and other proceedings commenced by or against old boards shall be continued.

5. The power and duty to determine by or against which district school boards orders or determinations of a court or other authority affecting old boards shall be enforced.

6. The power and duty to issue orders that the Commission considers necessary or advisable to give effect to the determinations made under this section and to impose terms and conditions on its orders.

(2) Without limiting the generality of paragraph 4, a determination under paragraph 4 may substitute or add persons as parties to a proceeding continued under paragraph 4.

(3) Without limiting the generality of paragraph 5, a determination under paragraph 5 may substitute or add persons against which or by which an order or determination referred to under paragraph 5 may be enforced. O. Reg. 460/97, s. 32.

PART IX
TRANSFERS
BETWEEN PUBLIC BOARDS AND ROMAN CATHOLIC BOARDS

33. (1) In this section,

“Schedule 2 public old board” means an old board listed in Column 2 of Schedule 2; (“ancien conseil public mentionné à l’annexe 2”)

“Schedule 2 Roman Catholic old board” means an old board listed in Column 1 of Schedule 2. (“ancien conseil catholique mentionné à l’annexe 2”)

(2) This section applies where the area of jurisdiction of a designated board that is a public district school board includes some or all of the area of jurisdiction of a Schedule 2 Roman Catholic old board.

(3) In making an order under this Regulation that affects a designated board referred to in subsection (2), the Commission shall take into account the interests of,

(a) the designated board associated with the relevant Schedule 2 Roman Catholic old board; and

(b) the supported board associated with the relevant Schedule 2 Roman Catholic old board.

(4) For the purposes of subsection (3), a designated board referred to in clause (3) (a) and a supported board referred to in clause (3) (b) has an interest in an asset or liability of the designated board referred to in subsection (2) only if, before January 1, 1998, the asset or liability related, in whole or in part, to the education of pupils,

(a) who attended a school of a Schedule 2 public old board listed in Schedule 2 opposite the relevant Schedule 2 Roman Catholic old board; and

(b) whose parent or guardian was a separate school supporter.

(5) Where the Commission considers it appropriate to do so having regard to the interests described in subsection (4), the Commission may transfer an asset or liability from the designated board referred to in subsection (2) to a designated board referred to in clause (3) (a) or a supported board referred to in clause (3) (b). O. Reg. 460/97, s. 33.

34. Omitted (revokes other Regulations). O. Reg. 460/97, s. 34.

35. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 460/97, s. 35.

SCHEDULE 1

Item

Column 1

Column 2

Column 3

Old Boards

Designated Boards

Supported Boards

1.

The Timmins Board of Education

1

56

2.

The Kapuskasing-Smooth Rock Falls and District Board of Education/Le conseil de l’éducation de Kapuskasing-Smooth Rock Falls et de son district

1

56

3.

The Hearst Board of Education

1

56

4.

The Cochrane-Iroquois Falls, Black River-Matheson Board of Education

1

56

5.

The Kirkland Lake Board of Education

1

56

6.

The Timiskaming Board of Education

1

56

7.

The Chapleau Board of Education

2

57

8.

The Michipicoten Board of Education

2

57

9.

The Sault Ste. Marie Board of Education

2

57

10.

The Central Algoma Board of Education

2

57

11.

The North Shore Board of Education

2

57

12.

The Hornepayne Board of Education

2

56

13.

The Sudbury Board of Education

3

57

14.

The Espanola Board of Education

3

57

15.

The Manitoulin Board of Education

3

57

16.

The Nipissing Board of Education

4

56

17.

The East Parry Sound Board of Education

4

56

18.

The West Parry Sound Board of Education

4

56

19.

The Kenora Board of Education

5A

57

20.

The Red Lake Board of Education

5A

57

21.

The Dryden Board of Education

5A

57

22.

The Fort Frances-Rainy River Board of Education

5B

57

23.

The Atikokan Board of Education

5B

57

24.

The Lakehead Board of Education

6A

57

25.

The Beardmore, Geraldton, Longlac and Area Board of Education/Conseil de l’éducation de Beardmore, de Geraldton, de Longlac et des environs

6B

57

26.

The Nipigon-Red Rock Board of Education

6B

57

27.

The Lake Superior Board of Education/Le conseil scolaire du Lac Supérieur

6B

57

28.

The Bruce County Board of Education

7

58

29.

The Grey Board of Education

7

58

30.

The Huron County Board of Education

8

58

31.

The Perth County Board of Education

8

58

32.

The Board of Education for the City of Windsor

9

58

33.

The Essex County Board of Education

9

58

34.

The Kent County Board of Education

10

58

35.

The Lambton County Board of Education/Conseil de l’éducation du comté de Lambton

10

58

36.

The Board of Education for the City of London/Le conseil de l’éducation de la ville de London

11

58

37.

The Middlesex Board of Education

11

58

38.

The Elgin County Board of Education

11

58

39.

The Oxford County Board of Education

11

58

40.

The Metropolitan Toronto School Board

12

58

41.

The Board of Education for the City of North York

12

58

42.

The Board of Education for the City of Scarborough

12

58

43.

The Board of Education for the City of Etobicoke

12

58

44.

The Board of Education for the City of Toronto

12

58

45.

The Board of Education for the City of York

12

58

46.

The Board of Education for the Borough of East York

12

58

47.

The Durham Board of Education

13

58

48.

The Northumberland & Clarington Board of Education

14

58

49.

The Peterborough County Board of Education

14

58

50.

The Victoria County Board of Education

15

58

51.

The Haliburton County Board of Education

15

58

52.

The Muskoka Board of Education

15

56

53.

The York Region Board of Education

16

58

54.

The Simcoe County Board of Education

17

58

55.

The Wellington County Board of Education

18

58

56.

The Dufferin County Board of Education

18

58

57.

The Peel Board of Education

19

58

58.

The Halton Board of Education

20

58

59.

The Board of Education for the City of Hamilton/Le conseil de l’éducation de la ville de Hamilton

21

58

60.

The Wentworth County Board of Education

21

58

61.

The Lincoln County Board of Education

22

58

62.

The Niagara South Board of Education/Conseil scolaire de Niagara Sud

22

58

63.

The Haldimand Board of Education

23

58

64.

The Norfolk Board of Education

23

58

65.

The Brant County Board of Education

23

58

66.

The Waterloo County Board of Education

24

58

67.

The Ottawa Board of Education

25

 

68.

The Carleton Board of Education

25

 

69.

The Lanark County Board of Education

26

59

70.

The Leeds & Grenville County Board of Education

26

59

71.

The Prescott & Russell County Board of Education

26

59

72.

The Stormont, Dundas & Glengarry County Board of Education

26

59

73.

The Lennox & Addington County Board of Education

27

59

74.

The Frontenac County Board of Education

27

59

75.

The Renfrew County Board of Education

28

59

76.

The Prince Edward County Board of Education

29

59

77.

Hastings County Board of Education

29

59

78.

The Hearst District Roman Catholic Separate School Board

60A

30A

79.

The Cochrane, Iroquois Falls/Black River - Matheson District Roman Catholic Separate School Board

60A

30A

80.

The Timmins District Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques du district de Timmins

60A

30A

81.

The Kapuskasing District Roman Catholic Separate School Board/Conseil des écoles séparées catholiques du district de Kapuskasing

60A

30A

82.

The Kirkland Lake-Timiskaming District Roman Catholic Separate School Board/Conseil des écoles séparées catholiques du district de Kirkland Lake - Timiskaming

60A

30A

83.

The Nipissing District Roman Catholic Separate School Board

60B

30B

84.

The Sault Ste. Marie District Roman Catholic Separate School Board

31

61

85.

The Michipicoten District Roman Catholic Separate School Board

31

61

86.

The North Shore District Roman Catholic Separate School Board

31

61

87.

The Chapleau District Roman Catholic Separate School Board

61

31

88.

The Sudbury District Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques romaines de Sudbury

61

32

89.

The Fort Frances-Rainy River District Roman Catholic Separate School Board

33a

62

90.

The Dryden District Roman Catholic Separate School Board

33a

62

91.

The Kenora District Roman Catholic Separate School Board

33b

62

92.

The Lakehead District Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques du district de Lakehead

34a

62

93.

The Geraldton District Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques du district de Geraldton

34b

62

94.

The North of Superior District Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques du district Supérieur Nord

34b

62

95.

The Bruce-Grey County Roman Catholic Separate School Board

35

63

96.

The Huron-Perth County Roman Catholic Separate School Board

36

63

97.

The Windsor Roman Catholic Separate School Board/Le conseil de l’éducation catholique de Windsor

37

63

98.

The Essex County Roman Catholic Separate School Board/Conseil des écoles séparées catholiques du comté d’Essex

37

63

99.

The London and Middlesex County Roman Catholic Separate School Board/Le conseil des écoles catholiques de London et du comté de Middlesex

38

63

100.

The Elgin County Roman Catholic Separate School Board

38

63

101.

The Oxford County Roman Catholic Separate School Board/Conseil des écoles séparées catholiques romaines du comté d’Oxford

38

63

102.

The Kent County Roman Catholic Separate School Board/Conseil des écoles séparées catholiques de Kent

39

63

103.

The Lambton County Roman Catholic Separate School Board/Conseil des écoles séparées catholiques du comté de Lambton

39

63

104.

The Metropolitan Separate School Board/Conseil des écoles catholiques du Grand Toronto

40

64

105.

The Peterborough, Victoria, Northumberland & Clarington Roman Catholic Separate School Board

41

64

106.

The York Region Roman Catholic Separate School Board/Conseil des écoles séparées catholiques de la région de York

42

64

107.

The Dufferin-Peel Roman Catholic Separate School Board/Conseil des écoles séparées catholiques de Dufferin & Peel

43

64

108.

The Simcoe County Roman Catholic Separate School Board

44

64

109.

The Durham Region Roman Catholic Separate School Board/Conseil des écoles séparées catholiques de la région de Durham

45

64

110.

The Halton Roman Catholic Separate School Board/Conseil des écoles catholiques de Halton

46

64

111.

The Hamilton-Wentworth Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques romaines de Hamilton-Wentworth

47

64

112.

The Wellington County Roman Catholic Separate School Board/Conseil des écoles séparées catholiques de Wellington

48

64

113.

The Waterloo Region Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques de la région de Waterloo

49

64

114.

The Lincoln County Roman Catholic Separate School Board/Le conseil des écoles catholiques du comté de Lincoln

50

64

115.

The Welland County Roman Catholic Separate School Board/Le conseil scolaire des écoles catholiques romaines du comté de Welland

50

64

116.

The Haldimand-Norfolk Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques de Haldimand-Norfolk

51

64

117.

The Brant County Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques du comté de Brant

51

64

118.

The Lanark, Leeds & Grenville County Roman Catholic Separate School Board

52

66

119.

The Prescott & Russell County Roman Catholic English-Language Separate School Board

52

 

120.

The Stormont, Dundas and Glengarry County Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques des comtés de Stormont, Dundas et Glengarry

65

52

121.

The Ottawa Roman Catholic Separate School Board

53

 

122.

The Carleton Roman Catholic Separate School Board

53

 

123.

The Renfrew County Roman Catholic Separate School Board

54

66

124.

The Hastings-Prince Edward County Roman Catholic Separate School Board

55

66

125.

The Frontenac-Lennox and Addington County Roman Catholic Separate School Board

55

66

126.

Conseil des écoles françaises de la communauté urbaine de Toronto/The Metropolitan Toronto French-Language School Council

12

58

127.

Le Conseil des écoles publiques d’Ottawa-Carleton

59

 

128.

Conseil des écoles séparées catholiques de langue française de Prescott-Russell

65

 

129.

Conseil des écoles catholiques de langue française de la région d’Ottawa-Carleton

66

 

O. Reg. 460/97, Sched. 1; O. Reg. 93/98, s. 1.

SCHEDULE 2

Item

Column 1

Column 2

Old Boards

Old Boards

1.

The Chapleau District Roman Catholic Separate School Board

The Chapleau Board of Education

2.

The Michipicoten District Roman Catholic Separate School Board

The Michipicoten Board of Education

3.

The North Shore District Roman Catholic Separate School Board

The North Shore Board of Education

   

The Espanola Board of Education

4.

The Dryden District Roman Catholic Separate School Board

The Dryden Board of Education

5.

The Fort Frances-Rainy River District Roman Catholic Separate School Board

The Fort Frances-Rainy River Board of Education

6.

The Geraldton District Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques du district de Geraldton

The Beardmore, Geraldton, Longlac and Area Board of Education/Conseil de l’éducation de Beardmore, de Geraldton, de Longlac et des environs

7.

The North of Superior District Roman Catholic Separate School Board/Le conseil des écoles séparées catholiques du district Supérieur Nord

The Nipigon-Red Rock Board of Education

   

The Lake Superior Board of Education/Le conseil scolaire du Lac Supérieur

O. Reg. 460/97, Sched. 2.

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