Ontario French-language Educational Communications Authority Act, 2008 Wynne, Hon. Kathleen O. Minister of Education — Bill 55 (39th Parliament, 1st Session)

Bill 55, 39-1

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Bill 55, Ontario French-language Educational Communications Authority Act, 2008

Wynne, Hon. Kathleen O. Minister of Education

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[39] Bill 55 Royal Assent (PDF)

Bill 55 2008

An Act to enact the Ontario French-language Educational Communications Authority Act, 2008 and make

complementary amendments to the Ontario Educational Communications Authority

Act

Note:

This Act amends the Ontario Educational Communications Authority Act .

For the legislative history of the Act, see the Table of Consolidated Public

Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In

this Act,

"Authority"

means the Ontario French-language 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 Education or such other Minister who is

assigned the administration of this Act under the Executive

Council Act . ("ministre")

Authority

continued

(1) The

Ontario French-language Educational Communications Authority is continued as a

corporation without share capital under the name Ontario French-language

Extinguishment

of letters patent

(2) The letters patent issued to constitute the corporation

referred to in subsection (1) are extinguished.

Members

(3) 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 .

Term of office

(4) 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.

Board of directors

(5) The members of the Authority form and are its board of

directors.

Chair and Vice-Chair of the Board

(6) 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 specify his or her

duties.

Remuneration and expenses

(7) 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.

Quorum

(8) A majority of the directors constitute a quorum for

meetings of the Board.

Meetings

(9) 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.

Head office

(10) 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.

Fiscal year

(11) The fiscal year of the Authority begins on April 1

and ends on March 31 in the following year.

Working language

3. The

working language of the Authority is French.

Objects of Authority

4. The

objects of the Authority are, with regard to the interests and needs of the

francophone community, to,

(

a) initiate,

acquire, produce, distribute, exhibit or otherwise deal in programs and

materials in the educational broadcasting and communications fields;

(

b) engage in research in those fields of activity

consistent with the objects of the Authority under clause (a);

(

c) 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) establish and administer distance education programs.

By-laws,

making

(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.

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.

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.

Powers

of Authority

(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.

Same

(2) Without limiting the generality of subsection (1), the

Authority may,

(

a) enter into operating agreements with the

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.

Subsidiaries

(3) The Authority shall not establish a subsidiary except

with the approval of the Lieutenant Governor in Council.

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.

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.

Employees

Chief

executive officer

(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.

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.

Remuneration

(3) The chief executive officer shall be paid such

remuneration as the Lieutenant Governor in Council determines.

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.

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.

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.

Same

(7) The employees of the Authority are not and shall not

be deemed to be employees of the Crown.

Labour Relations Act, 1995

(8) The Labour Relations Act, 1995

applies to the Authority and to its employees.

Advisory

committees

(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.

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.

Memorandum of understanding

(1) The

Authority and the Minister shall enter into a memorandum of understanding containing

only such terms as may be directed by the Minister.

Compliance with memorandum

(2) The Authority shall comply with the memorandum of

understanding.

Review of memorandum

(3) The memorandum of understanding shall be reviewed upon

the appointment of a new Minister or new Chair of the Authority.

Status as Crown agent

10. The

Authority and its subsidiaries, if any, are Crown agents for all purposes.

Business plan

(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.

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.

Audit

(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.

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.

Annual

report

(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.

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.

Further

reports

(3) The Authority shall make such further reports to the

Minister as the Minister may from time to time require.

Assets

and revenue not part of the Consolidated Revenue Fund

14. 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.

Bank

accounts

(1) Subject

section 18, 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).

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.

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 u

Document details

Collection	Ontario — Bills
Citation	Bill 55, 39-1
Type	bill
Volume / chapter	p39 s1 bill 55 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	6acbc8d65c1e53a5565a39647b49df27a71cd434

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