Ontario Educational Communications Authority Act, R.S.O. 1990, c. O.12
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Ontario Educational Communications Authority Act
R.S.O. 1990, CHAPTER O.12
Historical version for the period June 18, 2008 to July 24, 2008.
Last amendment: 2008, c. 10, s. 23.
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”)
Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of the definition of “distance education programs” is amended by the Statutes of Ontario, 2008, chapter 10, subsection 23 (1). See: 2008, c. 10, ss. 23 (1), 25.
“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.
Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Minister” is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (2) and the following substituted:
“Minister” means the Minister of Education or such other Minister who is assigned the administration of this Act under the Executive Council Act. (“ministre”)
See: 2008, c. 10, ss. 23 (2), 25.
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 public servants employed under Part III of the Public Service of Ontario Act, 2006. R.S.O. 1990, c. O.12, s. 2 (2); 1999, c. 12, Sched. Q, s. 1 (1); 2006, c. 35, Sched. C, s. 97 (1).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (3) and the following substituted:
Members
(2) The Authority shall consist of nine members appointed by the Lieutenant Governor in Council, one of whom shall be the Chair, and no members shall be public servants employed under Part III of the Public Service of Ontario Act, 2006. 2008, c. 10, s. 23 (3).
See: 2008, c. 10, ss. 23 (3), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (3) and the following substituted:
Term of office
(3) A member may be appointed to hold office for a term of up to five years and may be reappointed for further terms of up to five years each. 2008, c. 10, s. 23 (3).
See: 2008, c. 10, ss. 23 (3), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by the Statutes of Ontario, 2008, chapter 10, subsection 23 (4) by striking out “for the time being”. See: 2008, c. 10, ss. 23 (4), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by the Statutes of Ontario, 2008, chapter 10, subsection 23 (5) by striking out “prescribe” and substituting “specify”. See: 2008, c. 10, ss. 23 (5), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (6) and the following substituted:
Remuneration and expenses
(6) A director, including the Chair, may be paid such remuneration 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 reasonable travelling and living expenses necessarily incurred on the business of the Authority. 2008, c. 10, s. 23 (6).
See: 2008, c. 10, ss. 23 (6), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (7) and the following substituted:
Meetings
(8) Meetings of the Board 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 specified by the by-laws of the Authority, but in no case shall more than four months elapse between meetings of the Board. 2008, c. 10, s. 23 (7).
See: 2008, c. 10, ss. 23 (7), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of section 3 is re-enacted by the Statutes of Ontario, 2008, chapter 10, subsection 23 (8). See: 2008, c. 10, ss. 23 (8), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (9). See: 2008, c. 10, ss. 23 (9), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (1) is amended by the Statutes of Ontario, 2008, chapter 10, subsection 23 (10). See: 2008, c. 10, ss. 23 (10), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (3) is re-enacted by the Statutes of Ontario, 2008, chapter 10, subsection 23 (11). See: 2008, c. 10, ss. 23 (11), 25.
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).
Same
(3) The employees of the Authority are not and shall not be deemed to be employees of the Crown. 2006, c. 35, Sched. C, s. 97 (2).
Labour Relations Act, 1995
(4) The Labour Relations Act, 1995 applies to the Authority and to its employees. 2006, c. 35, Sched. C, s. 97 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (12) and the following substituted:
Powers of Authority
6. (1) The Authority has the capacity, rights, powers and privileges of a natural person for the purpose of carrying out its objects, except as limited by this Act. 2008, c. 10, s. 23 (12).
Same
(2) Without limiting the generality of subsection (1), the Authority may,
(a) 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) enter into contracts with any person in connection with the production, presentation or distribution of the programs and materials of the Authority;
(c) acquire, publish, distribute and preserve, whether for a consideration or otherwise, audio-visual, electronic or written materials that relate to any of the objects of the Authority; and
(d) 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. 2008, c. 10, s. 23 (12).
Subsidiaries
(3) The Authority shall not establish a subsidiary except with the approval of the Lieutenant Governor in Council. 2008, c. 10, s. 23 (12).
Application of Corporations Act
(4) 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. 2008, c. 10, s. 23 (12).
Acquisition of land
(5) Subject to the approval of the Lieutenant Governor in Council, the Authority may,
(a) purchase, lease or otherwise acquire land or any interest in land; and
(b) sell or otherwise dispose of land or any interest in land. 2008, c. 10, s. 23 (12).
See: 2008, c. 10, ss. 23 (12), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 7 is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (12) and the following substituted:
Employees
Chief executive officer
7. (1) The Lieutenant Governor in Council shall appoint a person other than a member of the Authority as the chief executive officer of the Authority. 2008, c. 10, s. 23 (12).
Term of office
(2) The chief executive officer may be appointed to hold office for a term of up to five years and may be reappointed for further terms of up to five years each. 2008, c. 10, s. 23 (12).
Remuneration
(3) The chief executive officer shall be paid such remuneration as the Lieutenant Governor in Council determines. 2008, c. 10, s. 23 (12).
Employees
(4) 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. 2008, c. 10, s. 23 (12).
Benefits
(5) The Authority may provide benefits to or for the benefit of the chief executive officer or any of the persons mentioned in subsection (4), or any class or classes of them. 2008, c. 10, s. 23 (12).
Payment of benefits
(6) Any benefits paid under subsection (5) shall be paid out of a fund or funds comprising contributions made by the persons mentioned in subsection (5), by the Authority or by both. 2008, c. 10, s. 23 (12).
Same
(7) The employees of the Authority are not and shall not be deemed to be employees of the Crown. 2008, c. 10, s. 23 (12).
Labour Relations Act, 1995
(8) The Labour Relations Act, 1995 applies to the Authority and to its employees. 2008, c. 10, s. 23 (12).
See: 2008, c. 10, ss. 23 (12), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (12) and the following substituted:
Advisory committees
8. (1) 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. 2008, c. 10, s. 23 (12).
Remuneration and expenses of members
(2) The Authority may pay the members of regional councils and advisory committees such remuneration 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 council or committee. 2008, c. 10, s. 23 (12).
See: 2008, c. 10, ss. 23 (12), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, section 9 is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (12) and the following substituted:
Memorandum of understanding
9. (1) The Authority and the Minister shall enter into a memorandum of understanding containing only such terms as may be directed by the Minister. 2008, c. 10, s. 23 (12).
Compliance with memorandum
(2) The Authority shall comply with the memorandum of understanding. 2008, c. 10, s. 23 (12).
Review of memorandum
(3) The memorandum of understanding shall be reviewed upon the appointment of a new Minister or new Chair of the Authority. 2008, c. 10, s. 23 (12).
See: 2008, c. 10, ss. 23 (12), 25.
Bank accounts
10. (1) The Authority shall maintain in its own name one or more accounts 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); 2002, c. 8, Sched. I, s. 19.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2007, chapter 7, Schedule 7, section 189 and the following substituted:
Accounts
(1) The Authority shall maintain in its own name one or more accounts in one or more of the following:
1. A bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada).
2. A corporation registered under the Loan and Trust Corporations Act.
3. A credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994.
4. A retail association as defined under the Cooperative Credit Associations Act (Canada). 2007, c. 7, Sched. 7, s. 189.
See: 2007, c. 7, Sched. 7, ss. 189, 192 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, the Statutes of Ontario, 2007, chapter 7, Schedule 7, section 189 is repealed by the Statutes of Ontario, 2008, chapter 10, section 24. See: 2008, c. 10, ss. 24, 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2007, chapter 7, Schedule 7, section 189 and the following substituted:
Limits on certain deposits
(2) The total deposits of the Authority in a corporation registered under the Loan and Trust Corporations Act shall not exceed at any one time 3 per cent of the paid-in capital plus surplus and reserves of the corporation. 2007, c. 7, Sched. 7, s. 189.
See: 2007, c. 7, Sched. 7, ss. 189, 192 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, the Statutes of Ontario, 2007, chapter 7, Schedule 7, section 189 is repealed by the Statutes of Ontario, 2008, chapter 10, section 24. See: 2008, c. 10, ss. 24, 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 10 is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (12) and the following substituted:
Status as Crown agent
10. The Authority and its subsidiaries, if any, are Crown agents for all purposes. 2008, c. 10, s. 23 (12).
See: 2008, c. 10, ss. 23 (12), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (12) and the following substituted:
Business plan
11. (1) The Authority shall submit its annual business plan for the next fiscal year to the Minister for approval by such date as may be directed by the Minister. 2008, c. 10, s. 23 (12).
Same
(2) The business plan shall include the following information:
1. The mandate, financial plans and performance targets of the Authority for the fiscal year and a proposed business plan for the following two fiscal years.
2. The strategic direction of the Authority.
3. The resources needed to meet the Authority’s goals and objectives.
4. The Authority’s proposed capital expenditures.
5. The Authority’s proposed operating expenditures, projected revenues by source, and funding requirements.
6. Any other information prescribed by the regulations. 2008, c. 10, s. 23 (12).
See: 2008, c. 10, ss. 23 (12), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 12 is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (12) and the following substituted:
Audit
12. (1) The Board shall appoint an auditor licensed under the Public Accounting Act, 2004 to audit the accounts and financial transactions of the Authority annually and a report of the audit shall be made to the Authority and to the Minister. 2008, c. 10, s. 23 (12).
Other audits
(2) In addition to the requirement for an annual audit, the Auditor General may, at any time, audit any aspect of the operations of the Authority. 2008, c. 10, s. 23 (12).
See: 2008, c. 10, ss. 23 (12), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 13 is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (12) and the following substituted:
Annual report
13. (1) The Board shall make an annual report to the Minister upon the affairs of the Authority within 120 days after the end of the fiscal year. 2008, c. 10, s. 23 (12).
Same
(2) The Minister shall, within 60 days of receiving the report, lay it before the Assembly if it is in session or, if it is not in session, deposit the report with the Clerk of the Assembly. 2008, c. 10, s. 23 (12).
Further reports
(3) The Authority shall make such further reports to the Minister as the Minister may from time to time require. 2008, c. 10, s. 23 (12).
Assets and revenue not part of the Consolidated Revenue Fund
13.1 Despite Part I of the Financial Administration Act, the assets and revenues of the Authority or any subsidiary do not form part of the Consolidated Revenue Fund. 2008, c. 10, s. 23 (12).
Bank accounts
13.2 (1) Subject to section 15, the Authority may maintain in its own name one or more accounts in one or more of the following:
1. A bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada).
2. A corporation registered under the Loan and Trust Corporations Act.
3. A credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994.
4. A retail association as defined under the Cooperative Credit Associations Act (Canada). 2008, c. 10, s. 23 (12).
Limits on certain deposits
(2) The total deposits of the Authority in a corporation registered under the Loan and Trust Corporations Act shall not exceed at any one time 3 per cent of the paid-in capital plus surplus and reserves of the corporation. 2008, c. 10, s. 23 (12).
Money of Authority to be deposited in bank accounts
(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. 2008, c. 10, s. 23 (12).
Borrowing
13.3 (1) With the approval of the Lieutenant Governor in Council, the Authority may borrow money for,
(a) purchasing or otherwise acquiring real or personal property;
(b) making improvements; and
(c) furthering any of the objects of the Authority. 2008, c. 10, s. 23 (12).
Repayment of money
(2) The Authority may execute loan agreements and issue bonds, debentures, notes or other securities to provide for the repayment of any money borrowed for the purposes described in subsection (1). 2008, c. 10, s. 23 (12).
Terms of repayment
(3) Subject to section 15, loans or securities described in subsection (2) 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. 2008, c. 10, s. 23 (12).
See: 2008, c. 10, ss. 23 (12), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (13) and the following substituted:
Purchase of securities by Province
(1) The Lieutenant Governor in Council may authorize the Minister of Finance,
(a) to purchase any securities of the Authority or any of its subsidiaries; and
(b) to make advances to the Authority or any of its subsidiaries in such amounts, at such times and on such terms and conditions as the Lieutenant Governor in Council may consider proper. 2008, c. 10, s. 23 (13).
See: 2008, c. 10, ss. 23 (13), 25.
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).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 15 is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (14) and the following substituted:
Co-ordination of financial activities of the Authority
15. All borrowing, financing, investment of funds and financial risk management activities of the Authority and its subsidiaries shall be co-ordinated and arranged by the Ontario Financing Authority, unless the Minister of Finance approves in writing otherwise. 2008, c. 10, s. 23 (14).
Cost
15.1 The cost of the establishment, maintenance and conduct of the Authority shall be payable out of money appropriated for the purpose by the Legislature. 2008, c. 10, s. 23 (14).
No proceeding against Crown
15.2 (1) No proceeding shall be commenced against the Crown as a result of any act or omission of the Authority or any of its subsidiaries or any act or omission of a director, officer or employee of the Authority or any of its subsidiaries. 2008, c. 10, s. 23 (14).
Exception
(2) Subsection (1) does not apply to a proceeding to enforce against the Crown its obligations under a written contract to which it is a party. 2008, c. 10, s. 23 (14).
Unpaid judgments against the Authority
(3) The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Authority or any of its subsidiaries that remains unpaid after the Authority or subsidiary has made all reasonable efforts, including liquidating its assets, to pay the amount of the judgment. 2008, c. 10, s. 23 (14).
See: 2008, c. 10, ss. 23 (14), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of clause (c) is amended by the Statutes of Ontario, 2008, chapter 10, subsection 23 (15). See: 2008, c. 10, ss. 23 (15), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (16) and the following substituted:
Minister must approve fees
(3) The Authority shall not charge a fee under clause (2) (c) in respect of a student resident in Ontario unless the Minister has approved the amount of the fee. 2008, c. 10, s. 23 (16).
See: 2008, c. 10, ss. 23 (16), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by the Statutes of Ontario, 2008, chapter 10, subsection 23 (17) by striking out “Minister of Training, Colleges and Universities and the”. See: 2008, c. 10, ss. 23 (17), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (18) and the following substituted:
Compliance with Minister’s policies and guidelines
(6) The Minister of Education may establish policies and guidelines related to distance education programs and the Authority shall establish and operate the programs and develop its policies and guidelines in accordance with the Minister’s policies and guidelines. 2008, c. 10, s. 23 (18).
See: 2008, c. 10, ss. 23 (18), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (19). See: 2008, c. 10, ss. 23 (19), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (19). See: 2008, c. 10, ss. 23 (19), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (19). See: 2008, c. 10, ss. 23 (19), 25.
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.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (11) is repealed by the Statutes of Ontario, 2008, chapter 10, subsection 23 (19). See: 2008, c. 10, ss. 23 (19), 25.
Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2008, chapter 10, subsection 23 (20) by adding the following section:
Regulations
17. The Minister of Education may make regulations,
(a) prescribing information for the purposes of paragraph 6 of subsection 11 (2);
(b) prescribing the duties and responsibilities of the Authority in relation to the operation of distance education programs;
(c) respecting distance education programs;
(d) prescribing provisions of the Education Act, the Education Quality and Accountability Office Act, 1996 and other Acts and the 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. 2008, c. 10, s. 23 (20).
See: 2008, c. 10, ss. 23 (20), 25.
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