O. Reg. 169/10: GENERAL, Filed May 14, 2010 under Ontario Colleges of Applied Arts and Technology Act, 2002, S.O. 2002, c. 8, Sched. F

ontario regulation 169/10

made under the

Ontario Colleges of Applied Arts and Technology Act, 2002

Made: May 12, 2010
Filed: May 14, 2010
Published on e-Laws: May 17, 2010
Printed in The Ontario Gazette: May 29, 2010

Amending O. Reg. 34/03

(General)

1. (1) The definition of “Council” in section 1 of Ontario Regulation 34/03 is revoked and the following substituted:

“Council” means the College Appointments Council continued under section 13; (“Conseil”)

(2) The definition of “Council” in section 1 of the Regulation is revoked.

(3) The definition of “Council of Regents” in section 1 of the Regulation is revoked.

2. (1) Clause 4 (1) (a) of the Regulation is revoked and the following substituted:

(a) an even number of members, as established by the by-laws of the board of governors, of not less than 12 and not more than 20 members to be appointed in accordance with subsection (2);

(2) Subsection 4 (2) of the Regulation is revoked and the following substituted:

(2) On and after October 1, 2010, the members of a board of governors appointed under clause (1) (a) shall be appointed as follows:

1. The following number of members shall be appointed by the Lieutenant Governor in Council:

i. If, under the board’s by-laws, the total number of members to be appointed under clause (1) (a) is 12, four of the members shall be appointed by the Lieutenant Governor in Council.

ii. If, under the board’s by-laws, the total number of members appointed under clause (1) (a) is established at 14 or 16, five of the members shall be appointed by the Lieutenant Governor in Council.

iii. If, under the board’s by-laws, the total number of members appointed under clause (1) (a) is established at 18, six of the members shall be appointed by the Lieutenant Governor in Council.

iv. If, under the board’s by-laws, the total number of members appointed under clause (1) (a) is established at 20, seven of the members shall be appointed by the Lieutenant Governor in Council.

2. The remaining members of the board to be appointed under clause (1) (a) shall be appointed by the members of the board holding office at the time of the appointment, subject to paragraph 3.

3. A member of the board appointed under paragraph 2 shall not participate in a vote of the board relating to a renewal or extension of his or her appointment.

(3) Subsection 4 (3) of the Regulation is amended by striking out “or a spouse of an employee or student”.

(4) Subsection 4 (9) of the Regulation is revoked and the following substitute:

(9) A member of a board of governors who was appointed to the board by the College Compensation and Appointments Council or the College Appointments Council before October 1, 2010 shall continue to hold office after that day until the expiry of the term of their appointment.

(10) For the purposes of the first appointments to be made to a board of governors of a college on and after October 1, 2010 in accordance with subsection (2), the following rules apply until such time as all members of the board have been appointed in accordance with that subsection:

1. As the terms of appointment of members appointed before October 1, 2010 expire, the first appointment to replace a member shall be made by the Lieutenant Governor in Council under paragraph 1 of subsection (2) and the second appointment to replace a member shall be made by existing board members under paragraph 2 of subsection (2).

2. Successive appointments shall be made alternatively under paragraph 1 of subsection (2) and then under paragraph 2 of subsection (2) until the requisite number of members have been appointed by the Lieutenant Governor in Council under paragraph 1 of subsection (2).

3. The remaining appointments to replace members appointed before October1, 2010 shall be made by existing board members under paragraph 2 of subsection (2) until the requisite number of members have been appointed in accordance with that paragraph.

3. Section 6 of the Regulation is revoked and the following substituted:

Removal of members

6. (1) Every board of governors shall establish a by-law relating to the removal of members of the board of governors by the board.

(2) A by-law made under subsection (1) shall provide for the removal of any member of the board of governors other than,

(a) the members of the board appointed by the Lieutenant Governor in Council under paragraph 1 of subsection 4 (2); and

(b) the president of the college who is a member of the board of governors by virtue of office.

(3) The by-law shall set out,

(a) the reasons that may justify the removal of a member from the board of governors;

(b) the procedures to be followed in removing a member; and

(c) a review procedure for the review of the decision to remove a member from the board.

(4) The review procedure referred to in clause (3) (c) shall include,

(a) a requirement that the review,

(i) only relate to the issues of whether the reasons for the removal and the procedure followed in removing a member were in compliance with the by-law made under clause (3) (a), and

(ii) not include a review of whether the decision of the board was correct; and

(b) a requirement that the chair of the board and the president of the college sign a written attestation that the removal process was carried out in accordance with the by-law.

(5) The board of governors may remove a member of the board other than a member described in clause (2) (a) or (b) in accordance with the by-law made under subsection (1).

(6) With respect to any member of the board appointed by the Lieutenant Governor in Council under paragraph 1 of subsection 4 (2), if the board of governors believes that there exist reasons justifying the removal of the member from the board of governors, the board may set those reasons out in a report to the Minister for referral to the Lieutenant Governor in Council.

4. Subsection 7 (2) of the Regulation is revoked and the following substituted:

(2) If a vacancy occurs among the members of a board of governors appointed under paragraph 2 of subsection 4 (2), the board shall appoint a person to fill the vacancy.

5. (1) The heading immediately preceding section 13 of the Regulation is revoked and the following substituted:

College Appointments Council

(2) Subsection 13 (1) of the Regulation is revoked and the following substituted:

College Appointments Council

(1) The College Compensation and Appointments Council is continued under the English name College Appointments Council in English and the French name Conseil des nominations dans les collèges.

(3) Clause 13 (2) (a) of the Regulation is revoked.

(4) Subsection 13 (2) of the Regulation is amended by adding “and” at the end of clause (c) and revoking clause (d).

(5) Subsections 13 (4), (5), (6) and (7) of the Regulation are revoked.

(6) Section 13 of the Regulation is revoked.

6. Subsections 14 (2) and (3) of the Regulation are revoked and the following substituted:

(2) All colleges shall participate in,

(a) an insured benefit plan for college staff members established by the College Employer Council under subsection 7.1 (2) of the Act; and

(b) the insured benefit plan for college staff members for which the College Employer Council is the deemed policy holder under subsection 7.1 (4) of the Act.

7. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsections 1 (2), 2 (1) and (2), sections 3 and 4 and subsection 5 (6) of the Regulation come into force on October 1, 2010.