O. Reg. 9/17: PROVINCIAL INTEREST IN EDUCATION
filed January 26, 2017 under Education Act, R.S.O. 1990, c. E.2Skip to content
ontario regulation 9/17
made under the
Made: January 19, 2017
Filed: January 26, 2017
Published on e-Laws: January 26, 2017
Printed in The Ontario Gazette: February 11, 2017
Amending O. Reg. 43/10
(PROVINCIAL INTEREST IN EDUCATION)
1. Ontario Regulation 43/10 is amended by adding the following Part:
Urgent situation, YRDSB
10. (1) In this Part,
“Board” means the York Region District School Board.
(2) This Part applies if the Minister is of the opinion that an urgent situation exists in the Board with respect to,
(a) a matter described in paragraph 1, 2, 3, 4 or 5 of subsection 2 (2); or
(b) the performance of any of the following in carrying out their duties under the Act or any other Act, or under any policy, guideline, directive or regulation made under the Act or any other Act:
(i) The Board.
(ii) Current members, chairs or directors of education of the Board.
(iii) Former members, chairs or directors of education of the Board.
Expedited performance review
11. (1) If the Minister has concerns regarding the performance of the Board or any person referred to in subclause 10 (2) (b) (ii) or (iii) with respect to a matter referred to or described in subsection 10 (2), the Minister may provide for an expedited review of the performance of the Board with respect to that matter.
(2) An expedited review shall be conducted by one or more individuals appointed by the Minister.
(3) The Minister may provide procedural directions with respect to the expedited review and may establish timelines respecting any requirement under this Part.
(4) The Minister’s powers under subsection (3) may be delegated in writing to the individual or individuals appointed under subsection (2).
Duty to cooperate
12. (1) The Board and any person referred to in subclause 10 (2) (b) (ii) shall cooperate fully with any review under this Part and shall take all necessary steps to facilitate the review, including complying with all procedural directions and timelines established under section 11.
(2) If the individual or individuals appointed by the Minister to conduct the expedited review advise the Minister that, in their opinion, the Board or any person referred to in subclause 10 (2) (b) (ii) is not meeting his, her or its obligations under subsection (1), the individual or individuals shall report the failure to the Minister and if the Minister agrees with the opinion, he or she may advise the Board in writing that he or she has concerns that the failure may be an act or omission by the Board that contravenes this regulation.
13. (1) After an expedited review is completed, the individual or individuals who conducted the review shall prepare a report that,
(a) describes the Board’s performance with respect to the matter reviewed; and
(b) if the individual or individuals who conducted the review consider it appropriate to do so, recommends measures to improve the Board’s performance with respect to the matter reviewed.
(2) The individual or individuals who conducted the review shall submit the report to the Minister and give a copy to the Board.
14. (1) After considering the report, the Minister may,
(a) issue any directions to the Board he or she considers necessary to address any material deficiencies in the Board’s performance revealed by the report; and
(b) require the Board to submit an expedited plan to address any material deficiencies in the Board’s performance revealed by the report.
(2) The Board shall comply with any directions issued under clause (1) (a) within the timelines set by the Minister.
(3) The Board shall ensure that, assuming that the Board complies with any directions issued under clause (1) (a) within the timelines set by the Minister, the expedited plan submitted under clause (1) (b) is adequate to address any material deficiencies in the Board’s performance revealed by the report.
15. This Part is revoked on December 31, 2017.
2. This Regulation comes into force on the day it is filed.