You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

# result(s)

Français

Education Act

ontario REGULATION 462/97

FIRST NATIONS REPRESENTATION ON BOARDS

Consolidation Period: From August 9, 2019 to the e-Laws currency date.

Last amendment: 262/19.

Legislative History: 190/09, 262/19.

This is the English version of a bilingual regulation.

1. (1) Where a board has entered into one or more agreements under section 188 of the Act, the council of the band, or the councils of the bands, to which the Indian pupils who are, under the agreement or agreements, enrolled in the schools operated by the board or in the schools in which the board provides all the instruction, belong, may, subject to subsection (4), name one person to represent on the board the interests of the Indian pupils.  O. Reg. 462/97, s. 1 (1).

Note: On the day subsection 3 (1) of Schedule 9 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 262/19, s. 1 (1))

First Nations representation on boards

(1) Subject to subsection (4), a council of a band or councils of bands may name one person to represent, on a board, the interests of pupils who belong to the band or bands if,

(a) under subsection 188 (1) of the Act, the board has admitted pupils who belong to the band or bands; or

(b) under section 188 of the Act, the board has entered into one or more agreements to provide instruction to pupils who belong to the band or bands, including one or more agreements entered into before September 1, 2019. O. Reg. 262/19, s. 1 (1).

(2) Where a person is named under subsection (1), the board shall, subject to subsection (5), appoint the person a member of the board.  O. Reg. 462/97, s. 1 (2).

Note: On the day subsection 3 (1) of Schedule 9 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, the English version of subsection 1 (2) of the Regulation is amended by striking out “appoint the person a member” and substituting “appoint the person as a member”. (See: O. Reg. 262/19, s. 1 (2))

(3) The member appointed under subsection (2) shall be deemed to be an elected member of the board.  O. Reg. 190/09, s. 2.

(4) Where the number of Indian pupils enrolled in the schools under the jurisdiction of a board under one or more agreements made under this section exceeds 25 per cent of the average daily enrolment in the schools of the board, two persons may be named under subsection (1), and subsections (1) to (3) apply with necessary modifications in respect of the two persons.  O. Reg. 462/97, s. 1 (4).

Note: On the day subsection 3 (1) of Schedule 9 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, subsection 1 (4) of the Regulation is revoked and the following substituted: (See: O. Reg. 262/19, s. 1 (3))

(4) If the number of pupils referred to in clauses (1) (a) and (b) who are enrolled in schools operated by the board or in schools to which the board provides instruction exceeds 25 per cent of the average daily enrolment in the schools of the board, two persons may be named under subsection (1) and subsections (2) and (3) apply with necessary modifications in respect of the two persons. O. Reg. 262/19, s. 1 (3).

(5) Where the number of Indian pupils enrolled in the schools under the jurisdiction of the board under one or more agreements made under this section is fewer than the lesser of 10 per cent of the average daily enrolment in the schools of the board and 100, the appointment under subsection (2) may be made at the discretion of the board.  O. Reg. 462/97, s. 1 (5).

Note: On the day subsection 3 (1) of Schedule 9 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, subsection 1 (5) of the Regulation is revoked and the following substituted: (See: O. Reg. 262/19, s. 1 (3))

(5) The appointment under subsection (2) may be made at the discretion of the board if the number of pupils referred to in clauses (1) (a) and (b) who are enrolled in schools operated by the board or in schools to which the board provides instruction is fewer than the lesser of 10 per cent of the average daily enrolment in the schools of the board and 100. O. Reg. 262/19, s. 1 (3).

(6) For the purpose of determining the number of Indian pupils enrolled in the schools under the jurisdiction of a board referred to in subsection (4) or (5), the number of Indian pupils in Indian schools in which the board provides all the instruction shall be included.  O. Reg. 462/97, s. 1 (6).

Note: On the day subsection 3 (1) of Schedule 9 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, subsection 1 (6) of the Regulation is revoked. (See: O. Reg. 262/19, s. 1 (3))

(7) Where the agreement is, or the agreements are, in respect of elementary school pupils only or secondary school pupils only, the enrolment referred to in subsections (4) and (5) shall be that of elementary school pupils only or secondary school pupils only, as the case may be.  O. Reg. 462/97, s. 1 (7).

Note: On the day subsection 3 (1) of Schedule 9 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, subsection 1 (7) of the Regulation is amended by striking out “Where the agreement is, or the agreements are” at the beginning and substituting “If the enrolment of the pupils referred to in clause (1) (a) or (b) is”. (See: O. Reg. 262/19, s. 1 (4))

(8) The term of office of a member appointed under this section terminates on the same date as the term of office of the elected members.  O. Reg. 462/97, s. 1 (8).

(9) Where a regulation made under clause 67 (2) (a) of the Act provides for the appointment of one or more members to represent on the board the interests of Indian pupils, this section does not apply.  O. Reg. 462/97, s. 1 (9).

Note: On the day subsection 3 (1) of Schedule 9 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, subsection 1 (9) of the Regulation is amended by striking out “Indian pupils” and substituting “pupils referred to in clause (1) (a) or (b)”. (See: O. Reg. 262/19, s. 1 (5))

(10) Where the office of a member of a board appointed under this section becomes vacant for any reason, it shall be filled in accordance with this section and the person so appointed shall hold office for the remainder of the term of his or her predecessor.  O. Reg. 462/97, s. 1 (10).

2. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 462/97, s. 2.

 

Français