School Boards Property and Development Transparency Act, 2018 Colle, Mike — Bill 47 (41st Parliament, 3rd Session)

Bill 47, 41-3

Ontario — Bills

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Bill 47, School Boards Property and Development Transparency Act, 2018

Colle, Mike

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Acts affected

Original

[41] Bill 47 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends various sections of the Education Act

as follows:

1. S ection 195

of the Act, which deals with the purchase of school sites by school boards, is

amended to require boards to provide the Minister of Education and the public

with notice of such an agreement for purchase and sale. These requirements

apply regardless of the sources used by a board for funding the purchase,

including funding from the imposition of education development charges.

Section

196 of the Act currently requires a school board to obtain the prior approval

of the Minister in certain circumstances where the board plans to provide accommodation

for pupils on a school site that is not to be occupied or used exclusively by

the board. The Bill requires the board to provide notice to the public that

the board has applied to the Minister for approval to enter into negotiations in

respect of such accommodation and to provide similar notice at subsequent

stages of the proposal to provide the accommodation. These requirements also

apply regardless of the sources used by the board for funding the

accommodation.

Section

234 of the Act is amended to provide that any grant paid to a board for the

construction of facilities is subject to the condition that the board must

prepare and make available to the public progress reports respecting the

construction of the facilities. The progress reports must also be submitted to

the Minister and the municipality in which the construction is taking place.

Bill 47 2018

Act to amend the Education Act with respect to the transparency of school

boards' dealings respecting school sites

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Section 195 of the Education Act is amended by

adding the following subsections:

Board

to provide notice of agreement for purchase and sale

(3.1) If

a board enters into an agreement for purchase and sale under which the board purchases

a school site, whether the agreement is final or conditional, the board shall,

within two business days following the day on which the agreement is entered

into,

(

a) notify

the Minister of the agreement; and

(

b) post

a notice on its website and make the notice available to the public in such

other manner as may be prescribed.

Notice

(3.2) The

notice shall include full disclosure of the details of the agreement for purchase

and sale, including the following information:

1. The

parties to the agreement.

2. The

amount paid or to be paid under the agreement.

3. The

conditions, if any, attached to the agreement.

4. A

description, prepared by the board, of the reason for entering into the agreement.

5. A

description of all intended uses of the school site, including any proposed

capital developments.

6. Such

other information as may be prescribed.

Changes

to agreement

(3.3) If

there is any change made to the agreement for purchase and sale, the board

shall, within two business days following the day on which the change was made

to the agreement,

(

a) notify

the Minister of the change; and

(

b) post

a notice of the change on its website and make the notice available to the

public in such other manner as may be prescribed.

Clarification

(3.4) For

greater certainty, the requirements in subsections (3.1) to (3.3) apply to

every purchase of a school site under subsection (1), (2) or (3), including

purchases funded in whole or in part by,

(

a) money

appropriated by the Legislature for the purpose of the purchase;

(

b) money

generated from the imposition of education development charges; and

(

c) any

accumulated surplus within the meaning of

Part IX.

Same,

regulations

(3.5) The

Lieutenant Governor in Council may make regulations specifying other

information that must be included in a notice required under this

section and

prescribing any other manner in which the notice must be made available to the

public.

Section 196 of the Act is amended by adding the following subsections:

Board

to provide notice of application for approval

(2) If

a board applies to the Minister for approval to enter into negotiations with a

person in respect of the provision of accommodation for pupils on a school site

that is not to be occupied or used exclusively by the board, the board shall post

a notice on its website of the application and make the notice available to the

public in such other manner as may be prescribed within two business days

following the day on which the application for approval is submitted to the

Minister.

Notice,

negotiations

(3) The

notice mentioned in subsection (2) shall include full disclosure of the matters

in respect of which the board intends to negotiate and the parties to the

negotiation.

Board

to provide notice of proposed agreement

(4) If,

as a result of negotiations with a person, the board proposes to the Minister

that it enter into an agreement in respect of the provision of accommodation

for pupils on a school site that is not to be occupied or used exclusively by

the board, the board shall post a notice on its website and make the notice

available to the public in such other manner as may be prescribed within two

business days following the day on which the board proposes to enter into the

agreement.

Notice,

proposed agreement

(5) The

notice mentioned in subsection (4) shall include full disclosure of the details

of the proposed agreement, including the following information:

1. The

parties to the proposed agreement.

2. The

amount to be paid under the proposed agreement.

3. The

conditions, if any, attached to the proposed agreement.

4. A

description, prepared by the board, of the reason for entering into the proposed

agreement.

5. A

description of all intended uses of the school site, including any proposed

capital developments.

6. Such

other information as may be prescribed.

Board

to provide notice of conditional or final agreement

(6) If

the Minister approves the proposed agreement mentioned in subsection (4) and

the board enters into the agreement, whether the agreement is final or

conditional, the board shall post a notice on its website and make the notice

available to the public in such other manner as may be prescribed within two

business days following the day on which the agreement is entered into.

Notice,

agreement

(7) The

notice shall include full disclosure of the details of the agreement mentioned

in subsection (4), including the following information:

1. The

parties to the agreement.

2. The

amount paid or to be paid under the agreement.

3. The

conditions, if any, attached to the agreement.

4. A

description, prepared by the board, of the reason for entering into the

agreement.

5. A

description of all intended uses of the school site, including any proposed capital

developments.

6. Such

other information as may be prescribed.

Changes

to agreement

(8) If

there is any change made to the agreement mentioned in subsection (4), the

board shall post a notice of the change on its website and make the notice

available to the public in such other manner as may be prescribed within two

business days following the day on which the change was made to the agreement.

Clarification

(9) For

greater certainty, the requirements in subsections (4) to (8) apply in respect

of every agreement in respect of the provision of accommodation for pupils on a

school site that is not to be occupied or used exclusively by the board,

including purchases funded in whole or in part by,

(

a) money

appropriated by the Legislature for the purpose of the purchase;

(

b) money

generated from the imposition of education development charges; and

(

c) any

accumulated surplus within the meaning of

Part IX.

Regulations

(10) The

Lieutenant Governor in Council may make regulations specifying other information

that must be included in a notice required under this

section and prescribing

any other manner in which the notice must be made available to the public.

Section 234 of the Act is amended by adding the following subsection:

Condition,

grant for the construction of facilities

(1.2) Any

grant paid to a board for the construction of facilities shall be subject to

the following conditions:

1. The

board must prepare and post a progress report respecting the construction of

the facilities on its website and make the report available to the public in

such other manner as may be prescribed,

i. on

or before the first anniversary of the day on which the grant is made, and

ii. at

least every six months following the posting of the first report.

2. The

board must submit each progress report to the Minister and to the municipality

in which the construction is taking place.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the School Boards Property

and Development Transparency Act, 2018 .

Date Bill stage Activity Committee

April 12, 2018

First Reading

Carried

Debates and Progress

First Reading

April 12, 2018

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 47

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Education Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 47, 41-3
Type	bill
Volume / chapter	p41 s3 bill 47 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	3e9d08431da387eabd8b65d7e960be702b3816ea

Source file is stored in the law ingest library (html).