Education Amendment Act, 1996 — Bill 34 (36th Parliament, 1st Session)

Bill 34, 36-1

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Bill 34, Education Amendment Act, 1996

Snobelen, Hon. John Minister of Education and Training

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Education Amendment Act, 1996

EXPLANATORY NOTE

The Bill amends the Education Act in order to accomplish the following:

1. School boards will no longer be required to operate junior kindergartens. See

section 2, subsections 5 (1) and (3), subsection 6 (1),

section 11 and

Part II of the Bill.

2. School boards will be able to direct certain adult persons to enrol in continuing education programs rather than in day school programs. See sections 3 and 4 of the Bill.

3. School boards will be permitted to enter into agreements to co-operate with other school boards and with municipalities, hospitals, universities, colleges and other prescribed persons or organizations, for certain purposes. School boards

will be required to prepare annual reports on co-operative measures taken in this way. See

section 1, subsections 6 (2) and (3) and sections 7 and 8 of the Bill.

4. School boards will be authorized to make equalization payments to the Minister of Finance. See

section 9 of the Bill.

5. The provisions of the Act that set out teachers' entitlement to payment in respect of absence from duty because of sickness will be repealed on August 31, 1998. Teachers' entitlement to payment in respect of absence from duty because of

sickness may be addressed by collective agreement. See subsection 5 (2) and

section 10 of the Bill.

Bill 341996

An Act to amend the

Education Act

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

PART I

AMENDMENTS TO THE EDUCATION ACT

1. Subsection 8 (1) of the Education Act , as amended by the Statutes of Ontario, 1991,

chapter 10,

section 1, 1992,

chapter 16,

section 2, 1992,

chapter 27,

section 59, 1993,

chapter 11,

section 10 and 1995,

chapter 4,

section

2, is amended by adding the following paragraph:

guidelines respecting co-operative measures reports

27.1 issue guidelines respecting the form and content of co-operative measures reports under subsection 234 (10).

2. Subsections 34 (2.1) and (2.2) of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 11,

section 14, are repealed.

3. Subsection 40 (4) of the Act is amended by adding "but subject to

section 49.2" after "special Act" in the first line.

4. The Act is amended by adding the following section:

Adult persons

49.2

(1) Despite any other provision of this Act but subject to subsection (4), a board may direct a person described in subsection (2) who is enrolled in or seeks to be admitted to a secondary school operated by the board to

enrol in a continuing education course or class operated by the board in which the person may earn a credit.

Same

(2) Subsection (1) applies to,

(

a) a person who has attended one or more secondary schools for a total of seven or more school years;

(

b) a person who did not attend secondary school for a total of four or more school years beginning after the end of the calendar year in which the person attained the age of 16 years; or

(

c) a person in respect of whom funding for a board iscalculated in accordance with the regulations made under subsection 11 (3) on the same basis as funding in respect of a person enrolled in a continuing education course or class.

Same

(3) Despite any other provision of this Act but subject to subsection (4), a person who has been directed in accordance with this

section to enrol in a continuing education course or class does not have a right under this Act to attend or to be

admitted to any class or course provided by the board that is not a continuing education course or class.

Exception: person requires particular course

(4) Where a person must take a subject for a purpose listed in subsection (6) and the board does not offer a course in the required subject as part of its continuing education courses and classes but does offer a course in the required subject

in its secondary school day program, the person is entitled to enrol in the day program course in the required subject.

Same

(5) Subsection (4) applies only to persons who, but for subsections (1) and (3), would be entitled to enrol in the day program course offered by the board in the required subject.

Same

(6) The following are the purposes referred to in subsection (4):

1. To qualify for an Ontario secondary school diploma.

2. To qualify for admission to a university or college of applied arts and technology.

3. To enter a trade, profession or calling.

Exceptional pupils

(7) This

section does not apply to,

(

a) a person who is identified under this Act as an exceptional pupil and in respect of whom there is a recommendation by a Special Education Identification, Placement and Review Committee for placement in a day school program; or

(

b) a person who is a member of a class of persons prescribed under subsection (8).

Regulations

(8) The Lieutenant Governor in Council may make regulationsprescribing classes of persons for the purposes of clause (7) (b).

Classes

(9) A class prescribed under subsection (8) may be defined with respect to any characteristic and may be defined to consist of or to include or exclude any specified member.

(1) Paragraph 6.2 of subsection 170 (1) of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 11,

section 30, is repealed.

(2) Paragraph 17 of subsection 170 (1) of the Act is amended by adding "where applicable" at the beginning.

(3) Subsections 170 (2) and (3) of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 11,

section 30, are repealed and the following substituted:

S. 67 school districts

(2) Paragraph 6.1 of subsection (1) does not apply to the board of a secondary school district established under

section 67.

(1) Paragraph 15 of subsection 171 (1) of the Act, as re-enacted by the Statutes of Ontario, 1993,

chapter 11,

section 31, is repealed and the following substituted:

junior kindergartens

15. operate junior kindergartens.

(2) Paragraph 50 of subsection 171 (1) of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 26,

section 44, is repealed.

(3) Subsections 171 (4) and (5) of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 26,

section 44, are repealed.

Section 171.1 of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 26,

section 45, is repealed and the following substituted:

Definitions

171.1

(1) In this section,

"board" includes The Metropolitan Toronto School Board; («conseil»)

"college" means a board of governors of a college of applied arts and technology established in accordance with

section 5 of the Ministry of Colleges and Universities Act ; («collège»)

"hospital" has the same meaning as "board" in

section 1 of the Public Hospitals Act ;(«hôpital»)

"municipality" includes a county, a regional, district or metropolitan municipality and the County of Oxford; («municipalité»)

"university" means a degree granting institution as authorized by

section 3 of the Degree Granting Act . («université»)

Agreements to co-operate

(2) A board may enter into an agreement with another board or with a municipality, hospital, university or college for one or more of the following purposes:

1. The joint provision or use of transportation services.

2. The joint provision or use of administrative support services or operational support services.

3. The joint provision or use of support services for educational programs.

4. The joint provision or use of equipment or facilities for administrative or operational purposes.

5. The joint investment of funds.

6. A purpose prescribed under clause (5) (a).

Same

(3) A board may enter into an agreement with any class of persons or organizations prescribed under clause (5) (

b) for any purpose prescribed in connection with the class of persons or organizations under clause (5) (c).

Limitation re joint investment agreements

(4) No agreement entered into under this

section for the joint investment of funds may affect an education development charges account, as defined in subsection 29 (1) of the Development Charges Act, or provide for investment by a

board that is not permitted by paragraphs 19, 20 and 21 of subsection 171 (1).

Regulations

(5) The Lieutenant Governor in Council may make regulations,

(

a) prescribing purposes for the purpose of paragraph 6 of subsection (2);

(

b) prescribing classes of persons and organizationsfor the purpose of subsection (3);

(

c) prescribing, in connection with any class of persons or organizations prescribed under clause (b), any of the purposes mentioned in paragraphs 1 to 5 of subsection (2) or prescribed under clause (a).

Classes

(6) A class prescribed under subsection (5) may be defined with respect to any characteristic and may be defined to consist of or to include or exclude any specified member.

Interpretation

(7) This

section shall not be interpreted to authorize a board or any other person to acquire, provide or use any thing or service that it would not otherwise be authorized to acquire, provide or use.

Conflict

(8) Where a board is permitted to do a thing by or under this

section as well as by or under another provision of this or any other Act, any conditions or requirements set out by or under the other provision that relate in any way to the doing

of the thing must be complied with.

8. (1) Subsection 234 (7) of the Act is repealed and the following substituted:

Publication: financial statements, co-operative measures report

(7) The treasurer of every board in every year shall, within one month after receiving the auditor's report on the financial statements of the board, cause to be published or to be mailed or delivered to each ratepayer,

(

a) a copy of the financial statements of the board for the preceding year in such form as the Minister may prescribe, together with a copy of the report of the auditor; and

(

b) a copy of the co-operative measures report prepared under subsection (10) in respect of the year covered by the financial statements.

(2) Subsection 234 (8) of the Act is amended by striking out "report" in the fifth line and substituting "reports".

(3) Section 234 of the Act is amended by adding the following subsections:

Co-operative measures report

(10) The treasurer of every board shall prepare a co-operative measures report in respect of every year and shall submit a copy of the report to the Ministry at the same time that it submits copies of the financial statements and auditor's

report in respect of the year under subsection (9).

Same

(11) A report under subsection (10) shall be prepared in accordance with any guidelines issued under paragraph 27.1 of subsection 8 (1) and shall include,

(

a) a description of co-operative measures initiated by the board during the year under

section 171.1;

(

b) an estimate of savings achieved by the board during the year as a result of co-operative measures taken by the board under

section 171.1;

(

c) a projection of savings to be achieved by the board in future years as a result of co-operative measures taken by the board under

section 171.1;

(

d) a description of co-operative measures that the board is considering taking under

section 171.1;

(

e) a description of co-operative measures permitted under

section 171.1 that the board considered during the year but decided not to take;

(

f) reasons for any decision described under clause (e).

Transition

(12) In respect of the year in which subsection (10) comes into force, the treasurer of every board shall prepare a co-operative measures report under subsection (10) for the period beginning on the day subsection (10) comes into force

and ending at the end of the year.

9. The Act is amended by adding the following section:

Definition

257.2

(1) In this section,

"board" includes The Metropolitan Toronto School Board but does not include a board of education for an area municipality in The Municipality of Metropolitan Toronto.

Equalization payments

(2) A board may make an equalization payment to the Minister of Finance in respect of a year in an amount that does not exceed the lesser of,

(

a) the difference between zero and the amount calculated under the regulations as the legislative grant payable to the board for the year, where the amount is a negative amount; and

(

b) the amount specified for the board in respect of the year in a regulation made under subsection (3).

Regulations

(3) The Minister may make regulations specifying amounts for the purposes of clause (2) (b).

Application of subsection (2): negative grant boards

(4) Subsection (2) applies to a board only where the amount of the legislative grant payable to the board for a year is a negative amount.

Time of calculation of grant

(5) For the purposes of subsection (2), the amount of the legislative grant payable to a board for a year shall be calculated as of the time the payment is made by the board to the Minister of Finance.

Deemed purpose

(6) An equalization payment made in accordance with this

section shall be deemed to be a sum required for a public school or secondary school purpose within the meaning of subsection 236 (1).

10. (1) Subsection 260 (1) of the Act is amended on August 31, 1998 by striking out "subsections (3) to (6)" in the second line and substituting "subsections (5) and (6)".

(2) Section 260 of the Act is amended by adding the following subsection:

Collective agreements

(1.1) Despite subsection 51 (1) of the School Boards and Teachers Collective Negotiations Act , subsection (1) is subject to any provision in a collective agreement entitling a teacher to payment in respect of absence from duty on

account of his or her sickness.

(3) Subsections 260 (3) and (4) of the Act are repealed on August 31, 1998.

(4) Section 260 of the Act is amended by adding the following subsection:

Collective agreements

(4.1) Despite subsection 51 (1) of the School Boards andTeachers Collective Negotiations Act , a collective agreement may include provisions that conflict with subsection (3) or (4) and, in the event of such conflict, the provisions of

the collective agreement prevail.

(5) Subsection 260 (4.1) of the Act, as enacted by subsection (4), is repealed on August 31, 1998.

(1) Paragraph 4 of subsection 318 (1) of the Act is revoked and the following substituted:

4. The planning, establishment, implementation and maintenance of programs and courses, including junior kindergarten, for pupils enrolled in a French-language instructional unit.

(2) Paragraph 3 of subsection 318 (2) of the Act is revoked and the following substituted:

3. The planning, establishment, implementation and maintenance of programs and courses, including junior kindergarten, for pupils enrolled in a school or class that is not a French-language instructional unit.

PART II

AMENDMENTS TO S.O. 1993, c. 11

12. (1) Subsection 14 (3) of the Education Statute Law Amendment Act, 1993 is repealed.

(2) Subsection 30 (5) of the Act is repealed.

(3) Subsection 31 (2) of the Act is repealed.

PART III

COMMENCEMENT AND

SHORT TITLE

Commencement

(1) This Act, except

section 2, subsections 5 (1) and (3), subsection 6 (1),

section 11 and

Part II, comes into force on Royal Assent.

Same

(2) Section 2, subsections 5 (1) and (3), subsection 6 (1),

section 11 and

Part II of this Act come into force on July 1, 1996.

Short title

14. The

short title of this Act is the Education Amendment Act, 1996 .

Date Bill stage Activity Committee

June 27, 1996

Royal Assent

Royal Assent received

June 19, 1996

Third Reading

Carried on division

June 18, 1996

Third Reading

Debate

May 29, 1996

Ordered for Third Reading

May 29, 1996

Reported as amended

May 29, 1996

Consideration of a Bill