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Ontario Educational Communications Authority Act

R.S.O. 1990, CHAPTER O.12

Historical version for the period November 30, 2004 to January 4, 2005.

Amended by: 1997, c. 26, Sched.; 1999, c. 12, Sched. Q; 2002, c. 8, Sched. G; 2002, c. 8, Sched. I, s. 19; 2002, c. 18, Sched. G, s. 15; 2004, c. 17, s. 32.

Definitions

1. In this Act,

Authority” means The Ontario Educational Communications Authority; (“Office”)

“Board” means the board of directors of the Authority; (“conseil”)

“distance education programs” means programs to provide courses of study through correspondence or other means that do not require the physical attendance by the student at a school and that are prescribed under paragraph 2 of subsection 8 (1) of the Education Act or are approved by the Minister of Education; (“programme d’enseignement à distance”)

“Minister” means the Minister of Training, Colleges and Universities or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act. (“ministre”) R.S.O. 1990, c. O.12, s. 1; 2002, c. 8, Sched. G, s. 1.

Authority continued

2. (1) The Ontario Educational Communications Authority is continued as a corporation without share capital under the name The Ontario Educational Communications Authority in English and Office de la télécommunication éducative de l’Ontario in French. R.S.O. 1990, c. O.12, s. 2 (1).

Members

(2) The Authority shall consist of not more than 13 members, one of whom shall be the Chair, and no members shall be civil servants. R.S.O. 1990, c. O.12, s. 2 (2); 1999, c. 12, Sched. Q, s. 1 (1).

Appointment of members

(3) The members of the Authority, including the Chair, shall be appointed by the Lieutenant Governor in Council to hold office for not more than three years but may be reappointed by the Lieutenant Governor in Council, and at least three members shall retire each year. R.S.O. 1990, c. O.12, s. 2 (3).

Board of directors

(4) The members for the time being of the Authority form and are its board of directors. R.S.O. 1990, c. O.12, s. 2 (4).

Chair and Vice-Chair of the Board

(5) The Chair of the Authority shall be the Chair of the Board, and the Lieutenant Governor in Council may from time to time designate one of the other members as Vice-Chair of the Board and prescribe his or her duties. R.S.O. 1990, c. O.12, s. 2 (5).

Fees and expenses

(6) A director, other than the Chair, may be paid such fees for attendance at meetings of the Authority as may be fixed by the Lieutenant Governor in Council, and all directors are entitled to be paid their actual travelling and living expenses necessarily incurred on the business of the Authority. R.S.O. 1990, c. O.12, s. 2 (6).

Quorum

(7) A majority of the directors constitute a quorum for meetings of the Board. R.S.O. 1990, c. O.12, s. 2 (7); 1999, c. 12, Sched. Q, s. 1 (2).

Meetings

(8) Meetings of the Board or of the members of the Authority shall be held at the call of the Chair, or in the absence or incapacity of the Chair or if the office of Chair is vacant, in such other manner as may be prescribed by the by-laws of the Authority, but in no case shall more than four months elapse between meetings of the Board. R.S.O. 1990, c. O.12, s. 2 (8).

Head office

(9) The head office of the Authority shall be in the City of Toronto, or such other place in Ontario as the Lieutenant Governor in Council may designate. R.S.O. 1990, c. O.12, s. 2 (9); 1997, c. 26, Sched.

Fiscal year

(10) The fiscal year of the Authority begins on the 1st day of April and ends on the 31st day of March in the following year. R.S.O. 1990, c. O.12, s. 2 (10).

Objects of Authority

3. The objects of the Authority are,

(a) to initiate, acquire, produce, distribute, exhibit or otherwise deal in programs and materials in the educational broadcasting and communications fields;

(b) to engage in research in those fields of activity consistent with the objects of the Authority under clause (a);

(c) to discharge such other duties relating to educational broadcasting and communications as the Board considers to be incidental or conducive to the attainment of the objects mentioned in clauses (a) and (b); and

(d) to establish and administer distance education programs. R.S.O. 1990, c. O.12, s. 3; 2002, c. 8, Sched. G, s. 2.

Acquisition of land

4. Subject to the approval of the Lieutenant Governor in Council, the Authority may,

(a) acquire by purchase, lease or otherwise; and

(b) sell or otherwise dispose of,

any land or any interest in land. R.S.O. 1990, c. O.12, s. 4.

By-laws, making

5. (1) Subject to subsections (2) and (3), the Board may make by-laws regulating its proceedings and generally for the conduct and management of the affairs of the Authority. R.S.O. 1990, c. O.12, s. 5 (1).

Filing

(2) All by-laws of the Authority shall be filed with the Minister provided, however, that no by-law shall take effect until the expiration of two weeks from the date of filing. R.S.O. 1990, c. O.12, s. 5 (2).

Amendment

(3) The Lieutenant Governor in Council may amend or revoke any by-law provided that any such amendment or revocation shall not prejudice the rights of any person dealing with the Authority. R.S.O. 1990, c. O.12, s. 5 (3).

Chief executive officer

6. (1) The Lieutenant Governor in Council shall appoint the Chair or another person as the chief executive officer of the Authority. 1999, c. 12, Sched. Q, s. 2.

Same

(1.1) If the Chair is appointed as the chief executive officer, he or she shall be paid such salary as the Lieutenant Governor in Council determines. 1999, c. 12, Sched. Q, s. 2.

Same

(1.2) If the Chair is not appointed as the chief executive officer,

(a) the Chair shall be paid such remuneration as the Lieutenant Governor in Council determines; and

(b) the chief executive officer shall be paid such salary as the Board determines. 1999, c. 12, Sched. Q, s. 2.

Employees

(2) The Board may employ such persons and retain such technical and professional consultants as it considers necessary for the conduct of the affairs of the Authority at such remuneration and upon such terms as the Board approves. R.S.O. 1990, c. O.12, s. 6 (2).

Application

(3) The officers and employees of the Authority are not Crown employees, and the Labour Relations Act applies to them and to the Authority. R.S.O. 1990, c. O.12, s. 6 (3).

Powers of Authority

7. (1) The Authority has the following powers incidental and ancillary to its objects,

(a) to enter into operating agreements with the appropriate agency or agencies of the Government of Canada and with broadcasting stations or networks for the broadcasting of educational programs;

(b) to enter into contracts with any person in connection with the production, presentation or distribution of the programs and materials of the Authority;

(c) to acquire, publish, distribute and preserve, whether for a consideration or otherwise, such audio-visual materials, papers, periodicals and other literary matter as relate to any of the objects of the Authority;

(d) to make arrangements or enter into agreements with any person for the use of any rights, privileges or concessions that the Authority may consider necessary for the purposes of carrying out its objects. R.S.O. 1990, c. O.12, s. 7 (1).

Application

(2) Except as provided in subsection (3), subsection 23 (1) of the Corporations Act applies to the Authority. R.S.O. 1990, c. O.12, s. 7 (2).

Idem

(3) Clauses 23 (1) (a), (b), (d), (e), (g), (h), (j), (k), (m), (p), (q), (r), (t), (u) and (v) and sections 274 and 275 of the Corporations Act do not apply without the approval of the Lieutenant Governor in Council. R.S.O. 1990, c. O.12, s. 7 (3).

Employee benefits

8. The Authority may provide compensation for services performed by way of remuneration and employee benefits which the Authority may from time to time consider appropriate, to or for the benefit of any of the persons mentioned in section 6, or any class or classes of them, as well as any other persons who may be entitled thereunder, out of a fund or funds comprising contributions made by such persons, or any class or classes thereof, or by the Authority, or both or otherwise. R.S.O. 1990, c. O.12, s. 8.

Advisory committees

9. The Authority shall appoint such regional councils and such advisory committees as it considers necessary to advise it in developing the policy and operations of the Authority, and may pay the members thereof such fees for attending meetings as may be fixed by the Management Board of Cabinet and such members are entitled to be paid their reasonable travelling and living expenses necessarily incurred on the business of a committee. R.S.O. 1990, c. O.12, s. 9.

Bank accounts

10. (1) The Authority shall maintain in its own name one or more accounts in The Province of Ontario Savings Office or in one or more banks listed in Schedule I or II to the Bank Act (Canada) or in one or more trust corporations registered under the Loan and Trust Corporations Act. R.S.O. 1990, c. O.12, s. 10 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2002, chapter 8, Schedule I, section 19 by striking out “in The Province of Ontario Savings Office or”. See: 2002, c. 8, Sched. I, ss. 19, 24.

Deposits in trust corporation

(2) The total deposits of the Authority in any trust corporation shall not exceed at any one time 3 per cent of the paid-in capital plus surplus and reserves of the trust corporation. R.S.O. 1990, c. O.12, s. 10 (2).

Money of Authority to be deposited in bank accounts

(3) Subject to subsection 15 (3), all money received by the Authority through the conduct of its operations or otherwise shall be deposited to the credit of accounts established under subsection (1), and shall be administered by the Authority exclusively in carrying out its objects. R.S.O. 1990, c. O.12, s. 10 (3).

Audit

11. The accounts and financial transactions of the Authority shall be audited annually by the Auditor General or such other auditor or auditors as the Lieutenant Governor in Council may appoint, and a report of the audit shall be made to the Authority and to the Minister. R.S.O. 1990, c. O.12, s. 11; 2004, c. 17, s. 32.

Annual report

12. (1) The Board shall make an annual report to the Minister upon the affairs of the Authority, and the Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. O.12, s. 12 (1).

Further reports

(2) The Authority shall make such further reports to the Minister as the Minister may from time to time require. R.S.O. 1990, c. O.12, s. 12 (2).

Issue of securities

13. (1) With the approval of the Lieutenant Governor in Council, the Authority may borrow money for purchasing or otherwise acquiring real or personal property, for making improvements, or for any of the objects of the Authority, and may issue bonds, debentures, notes or other securities to provide for the repayment of any money so borrowed, and such securities may be payable at such times and in such manner and at such place or places in Canada or elsewhere, and may bear such interest, as the Authority may consider proper. R.S.O. 1990, c. O.12, s. 13 (1).

Guaranteeing securities

(2) The Lieutenant Governor in Council may authorize the Treasurer of Ontario for and on behalf of Ontario to guarantee the payment of any securities issued by the Authority for any of the purposes mentioned in subsection (1). R.S.O. 1990, c. O.12, s. 13 (2).

Form of guaranty

(3) The form of guaranty and the manner of its execution shall be determined by the Lieutenant Governor in Council. R.S.O. 1990, c. O.12, s. 13 (3).

Purchase of securities by Province

14. (1) The Lieutenant Governor in Council may authorize the Treasurer of Ontario,

(a) to purchase any securities of the Authority; and

(b) to make advances to the Authority in such amounts, at such times and on such terms and conditions as the Lieutenant Governor in Council may consider expedient. R.S.O. 1990, c. O.12, s. 14 (1).

Idem

(2) The money required for the purposes of this section shall be paid out of the Consolidated Revenue Fund. R.S.O. 1990, c. O.12, s. 14 (2).

Cost

15. (1) The cost of the establishment, maintenance and conduct of the Authority shall be payable out of money appropriated therefor by the Legislature. R.S.O. 1990, c. O.12, s. 15 (1).

Application of revenue

(2) All money received by the Authority shall be applied in the discharge of its duties and obligations. R.S.O. 1990, c. O.12, s. 15 (2).

Surplus money

(3) Any surplus money shall, on the order of the Lieutenant Governor in Council, be paid into and form part of the Consolidated Revenue Fund. R.S.O. 1990, c. O.12, s. 15 (3).

Distance education programs

16. (1) The Authority may establish distance education programs. 2002, c. 8, Sched. G, s. 3.

Powers re: programs

(2) In establishing a program under subsection (1), the Authority may,

(a) establish registration procedures and qualifications for registration;

(b) establish standards, administer and establish tests, testing procedures and evaluation procedures, grant credits and award diplomas and certificates for courses that are equivalent to those offered by elementary or secondary schools under the jurisdiction of a board within the meaning of the Education Act; and

(c) subject to subsection (3), charge fees for courses, program materials and other incidental items or services, which fees may vary for different courses, for different materials or services and for any class of students, and waive or reduce those fees under such conditions as may be determined under the program. 2002, c. 8, Sched. G, s. 3.

Fees for students resident in Ontario

(3) The Authority may not charge fees to students resident in Ontario unless the Authority has entered into an agreement with the Minister of Training, Colleges and Universities and the Minister of Education in respect of fees and the fees charged are consistent with the amounts set out in that agreement. 2002, c. 8, Sched. G, s. 3.

Agreements, policies and guidelines

(4) The Authority may, with respect to distance education programs,

(a) enter into agreements, including funding agreements, with any person or entity, including any provincial ministry or agency; and

(b) establish policies and guidelines. 2002, c. 8, Sched. G, s. 3.

Copy to be provided

(5) The Authority shall provide the Minister of Training, Colleges and Universities and the Minister of Education with copies of all policies and guidelines issued in respect of the distance education programs. 2002, c. 8, Sched. G, s. 3.

Compliance with ministry guidelines

(6) The Ministry of Education may establish policies and guidelines related to distance education programs and the Authority shall establish and operate the programs and develop its policy and guidelines in accordance with the policies and guidelines of the ministry. 2002, c. 8, Sched. G, s. 3.

Compliance with provision of certain Acts, regulations

(7) The distance education programs shall be operated in compliance with those provisions of the Education Act, the Education Quality and Accountability Office Act, 1996 and other Acts and the regulations made under those Acts as may be prescribed by regulation. 2002, c. 8, Sched. G, s. 3.

Transfer of records

(8) The Ministry of Education may transfer to the Authority records relating to distance education programs that contain personal information and that the Authority may require to administer the programs. 2002, c. 8, Sched. G, s. 3.

Agreement

(9) No records containing personal information shall be transferred under subsection (8) unless the Authority, the Minister of Training, Colleges and Universities and the Minister of Education have entered into an agreement respecting access to information and the protection of privacy of personal information. 2002, c. 8, Sched. G, s. 3.

Privacy of personal information

(10) An agreement made under subsection (9) shall provide a level of access to information and protection of privacy in respect of personal information equivalent to or higher than that provided for under similar programs offered by the Ministry of Education prior to the coming in force of this section. 2002, c. 8, Sched. G, s. 3; 2002, c. 18, Sched. G, s. 15.

Regulations

(11) The Minister of Training, Colleges and Universities, with the approval of the Minister of Education, may make regulations,

(a) prescribing the duties and responsibilities of the Authority in relation to the operation of distance education programs;

(b) respecting distance education programs;

(c) prescribing provisions of the Education Act, the Education Quality and Accountability Office Act, 1996 and other Acts and regulations made under those Acts which shall apply to the courses, students, Authority, instructors, teachers and administrators in the programs with such changes as may be set out in the regulations. 2002, c. 8, Sched. G, s. 3.

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