Bill 104, Fewer School Boards Act, 1997

Snobelen, Hon. John Minister of Education and Training

Versions

Fewer School Boards Act, 1997

EXPLANATORY NOTE

Section 1 of the Bill states the purpose of the Bill.

The Bill amends the Education Act to permit the Lieutenant Governor in Council to make regulations establishing four new types of school boards: English-language public district school boards; English-language separate district school boards; French-language public district school boards; and French-language separate district school boards. The Lieutenant Governor in Council is also authorized to make regulations providing for representation on and elections to district school boards and providing for transitional matters related to the establishment of these boards. (Section 327 of the Education Act, as set out in section 7 of the Bill.)

The Bill further amends the Education Act to provide for matters related to elections in 1997 to district school boards, including eligibility to vote for and to be a candidate for a district school board. (Sections 328 to 333 of the Education Act, as set out in section 7 of the Bill.) The amendments also provide for matters related to elections in 1997 to isolate boards, which are referred to in the bill as school authorities. "School authority" is defined in subsection 1 (1) of the Education Act, as set out in subsection 2 (4) of the Bill.

The Bill establishes the Education Improvement Commission and gives it powers and duties to oversee the transition to the new system of education governance in Ontario. (Sections 335 to 347 of the Education Act, as set out in sections 8 and 9 of the Bill.)

The Bill makes consequential amendments to the Municipal Elections Act, 1996. (Section 11 of the Bill.)

Bill 1041997

An Act to improve the accountability,

effectiveness and quality of Ontario's

school system by permitting a reduction

in the number of school boards, establishing

an Education Improvement Commission to oversee

the transition to the new system,

providing for certain matters related to elections in 1997

and making other improvements to the Education Act

and the Municipal Elections Act, 1996

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

Purpose of Act

1. The purposes of this Act are to,

(a) provide for the establishment of district school boards;

(b) permit the transition to a new system of education governance in Ontario under which there will be fewer school boards and under which district school boards will govern schools, as defined in section 327 of the Education Act;

(c) establish the Education Improvement Commission to oversee the transition to the new system of education governance in Ontario; and

(d) provide for certain matters related to elections in 1997 relating to school governance.

AMENDMENTS TO THE EDUCATION ACT

2. (1) The definition of "assessment commissioner" in subsection 1 (1) of the Education Act is repealed and the following substituted:

"assessment commissioner" means the assessment commissioner appointed under the Assessment Act for the region in which the board or, where applicable, the district school board, is situate. ("commissaire à l'évaluation")

(2) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1992, chapter 16, section 1, 1993, chapter 11, section 8, 1993, chapter 23, section 67 and 1996, chapter 12, section 64, is further amended by adding the following definitions:

"district school board" means an English-language district school board or a French-language district school board; ("conseil scolaire de district")

"English-language district school board" means an English-language public district school board or an English-language separate district school board; ("conseil de district des écoles de langue anglaise")

"French-language district school board" means a French-language public district school board or a French-language separate district school board. ("conseil de district des écoles de langue française")

(3) The definition of "public school elector" in subsection 1 (1) of the Act is repealed and the following substituted:

"public school elector", in respect of an area for which one or more members of a board or, where applicable, a district school board, are to be elected by public school electors, means a public school elector under the Municipal Elections Act, 1996 who is qualified to vote at the election of such members in such area. ("électeur des écoles publiques")

(4) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1992, chapter 16, section 1, 1993, chapter 11, section 8, 1993, chapter 23, section 67 and 1996, chapter 12, section 64, is further amended by adding the following definition:

"school authority" means,

(a) a board of a district school area,

(b) a board of a rural separate school,

(c) a board of a combined separate school zone that is not a county combined separate school board or a district combined separate school board,

(d) a board of a secondary school district established under section 67,

(e) a board established under section 68, or

(f) a board of a Protestant separate school. ("administration scolaire")

(5) The definition of "separate school elector" in subsection 1 (1) of the Act is repealed and the following substituted:

"separate school elector", in respect of an area for which one or more members of a board or, where applicable, a districtschool board, are to be elected by separate school electors, means a separate school elector under the Municipal Elections Act, 1996 who is qualified to vote at the election of such members in such area. ("électeur des écoles séparées")

(6) Subsection 1 (4) of the Act is repealed and the following substituted:

Constitutional rights and privileges

(4) This Act does not adversely affect any right or privilege guaranteed by section 93 of the Constitution Act, 1982 or by section 23 of the Canadian Charter of Rights and Freedoms.

(7) Section 1 of the Act, as amended by the Statutes of Ontario, 1992, chapter 16, section 1, 1993, chapter 11, section 8, 1993, chapter 23, section 67 and 1996, chapter 12, section 64, is further amended by adding the following subsections:

Separate school support in 1997

(7) A person who at any time in 1997 is a separate school supporter in connection with land assessed to the support of a separate school board is also, at that time, a separate school supporter for the purpose of qualifying as a separate school elector for the English-language separate district school board or the French-language separate district school board, as the case may be, the area of jurisdiction of which includes that land.

Entitlement to vote based on residence

(8) Despite any provision of this or any other Act, including subclause 17 (2) (a) (ii) of the Municipal Elections Act, 1996, for the purposes of regular elections in and after 1997 and by-elections after 1997, a person is not qualified to vote for a member of a district school board or school authority for an area unless the person resides in the area at some time during the qualification period.

Same

(9) In subsection (8),

"resides" and "qualification period" have the same meaning as in section 17 of the Municipal Elections Act, 1996.

Interpretation: school authority elections

(10) Any provision in this Act relating to representation on or election to a school authority that refers to representation on or election to an existing board, as defined in section 327, or that refers to a provision that relates to representation on or election to an existing board, as defined in section 327, shall be interpreted as if Part VIII, as it read on January 1, 1997, had not been repealed.

3. Subsections 11 (11) and (12) of the Act are repealed.

4. Subsection 220 (4) of the Act is amended by striking out "new election" in the seventeenth and eighteenth lines and substituting "by-election".

5. Part VIII of the Act is repealed.

6. The Act is amended by adding the following heading after section 326:

PART XIV

ESTABLISHMENT OF DISTRICT SCHOOL BOARDS

AND RELATED MATTERS

7. The Act is amended by adding the following sections to Part XIV of the Act:

Definitions

327. (1) In this section,

"English-language instruction" means instruction in the English language or in American Sign Language and includes instruction provided under a program of the type described in paragraph 25 of subsection 8 (1); ("enseignement en anglais")

"French-language instruction" means instruction in the French language or in Quebec Sign Language but does not include instruction provided under a program of the type described in paragraph 25 of subsection 8 (1); ("enseignement en français")

"existing board" has the same meaning as "board" in subsection 1 (1) and includes The Metropolitan Toronto School Board but does not include a school authority; ("conseil existant")

"school" does not include a school under the jurisdiction of a school authority or an educational institution operated by the Government of Ontario. ("école")

Purpose of section

(2) The purpose of this section is to permit the transition to a new system of education governance in Ontario under which there will be fewer school boards and under which,

(a) English-language public district school boards will govern the provision of elementary and secondary English-language instruction in schools other than Roman Catholic separate schools;

(b) English-language separate district school boards will govern the provision of elementary and secondary English-language instruction in Roman Catholic separate schools;

(c) French-language public district school boards will govern the provision of elementary and secondary French-language instruction in schools other than Roman Catholic separate schools; and

(d) French-language separate district school boards will govern the provision of elementary and secondary French-language instruction in Roman Catholic separate schools.

Regulations: district school boards

(3) The Lieutenant Governor in Council may make regulations providing for,

(a) the establishment of,

(i) English-language public district school boards,

(ii) English-language separate district school boards,

(iii) French-language public district school boards, and

(iv) French-language separate district school boards;

(b) the establishment of the areas of jurisdiction of district school boards;

(d) representation on and elections to district school boards, including but not limited to regulations providing for,

(i) the determination of the number of members of each district school board,

(ii) the establishment, for electoral purposes, of geographic areas within the areas of jurisdiction of district school boards,

(iii) the deeming, for purposes of elections to district school boards, of any territory without municipal organization that is within the area of jurisdiction of a district school board to be a district municipality or to be attached to a district municipality, unless and until theterritory becomes or is included in a municipality,

(iv) the distribution of the members of a district school board to the geographic areas referred to in subclause (ii),

(v) appeals to any person or body relating to anything done under a regulation made under subclauses (i) to (iv),

(vi) representation on district school boards, by election or appointment, of the interests of supporters of rural separate schools and combined separate schools, for secondary school purposes,

(vii) representation on district school boards, by appointment, of the interests of members of bands in respect of which there is agreement under this Act to provide instruction to pupils who are Indians within the meaning of the Indian Act (Canada),

(viii) nomination procedures for the election of members of district school boards,

(ix) the duties to be performed by municipal clerks, secretaries of existing boards and others in respect of any matter relating to representation on or elections to district school boards,

(x) the duties to be performed by the Education Improvement Commission in respect of any matter relating to representation on or elections to district school boards;

(e) exceptions to subsection 328 (2);

(f) the conduct of elections to a school authority the area of jurisdiction of which is entirely or partly the same as the area of jurisdiction of a district school board;

(g) such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the establishment of district school boards, including but not limited to transitional matters relating to regular elections and by-elections under the Municipal Elections Act, 1996 in 1997;

(h) the definition of any word or expression used in this Part that has not already been expressly defined in this Part.

Retroactivity

(4) A regulation made under clause (3) (d), (e), (f), (g) or (h) may be retroactive in its effect.

Subdelegation

(5) In a regulation under subclauses (3) (d) (i) to (iv), the Lieutenant Governor in Council may delegate to a person or body the authority to provide for anything relating to the matters mentioned in subclauses (3) (d) (i) to (iv), subject to such conditions and restrictions as are specified in the regulation.

Number of members on a district school board

(6) A regulation under subclause (3) (d) (i) shall not provide for more than twenty-two or fewer than five members on any district school board.

Geographic areas

(7) A geographic area established under subclause (3) (d) (ii) for a district school board may,

(a) be the same as or less than the entire area of jurisdiction of the district school board;

(b) include areas within the area of jurisdiction of the district school board that do not adjoin one another; and

(i) all or part of one or more municipalities, or

(ii) territory without municipal organization,

or both.

Same

(8) A person who establishes a geographic area under a regulation made under subclause (3) (d) (ii) shall have regard to any relevant submissions made by any person.

Specific or general

(9) A regulation made under this section may be general or specific.

Interpretation

(10) This section shall not be interpreted to authorize the dissolution of an existing board or to give the powers or duties of an existing board to a district school board.

District school boards deemed to be local boards

328. (1) A district school board established under section 327 shall be deemed to be a local board and a school board for the purposes of the Municipal Elections Act, 1996.

Provisions in regulations: effect for electoral purposes

(2) Subject to any regulations made under clause 327 (3) (e), a provision in a regulation made under section 327 shall be deemed, for all purposes related to representation on or elections to district school boards or school authorities in 1997, to have come into force and taken effect on the day on which the regulation is filed or at such earlier or later time as is stated in the regulation.

Definition

329. (1) In this section,

"existing board" has the same meaning as "board" in subsection 1 (1) but does not include a school authority.

No elections to existing boards

(2) Subject to subsection (3) and the regulations made under section 327,

(a) there shall be no regular elections in 1997 to existing boards under the Municipal Elections Act, 1996; and

(b) no steps shall be taken under this or any other Act in preparation for such an election.

Assessment commissioner's duties

(3) In 1997, the assessment commissioner shall do everything he or she would have been required to do under subsections 230 (5) and (6), as they read on January 1, 1997, as if they had not been repealed.

Enumeration

(4) A municipal enumeration form used in the 1997 enumeration under subsection 15 (1) of the Assessment Act may show a person to be an elector of a French-language district school board if the person is qualified to be an elector for a French-language district school board under subsection 331 (1).

Conduct of elections

330. The election of members of a district school board shall be conducted in the same manner as the election of members of the council of a local municipality.

Electors for French-language district school boards

331. (1) A person is qualified to be an elector for a French-language district school board if,

(a) the person is a public school elector or a separate school elector;

(b) the person has the right under subsection 23 (1) or (2), without regard to subsection 23 (3), of the Canadian Charter of Rights and Freedoms to have his or her children receive their primary and secondary school instruction in the French language in Ontario;

(d) the person has not withdrawn the choice referred to in clause (c).

Same

(2) A person who has chosen to vote for the members of any of the following bodies shall be deemed to have made the choice referred to in clause (1) (c):

1. The French-language component of an existing board, within the meaning of section 327.

2. The Conseil des écoles publiques d'Ottawa-Carleton.

3. The Conseil des écoles catholiques de langue française de la région d'Ottawa-Carleton.

4. The Conseil des écoles séparées catholiques de langue française de Prescott-Russell.

5. The Metropolitan Toronto French-Language School Council.

6. A French-language public district school board.

7. A French-language separate district school board.

Same

(3) Subsection (4) applies to,

(a) a public school elector who is qualified to vote in an area that is not included in the area of jurisdiction of,

(i) a body mentioned in paragraph 2 or 5 of subsection (2), or

(ii) a board of education, within the meaning of subsection 1 (1), that has a minority language section; and

(b) a separate school elector who is qualified to vote in an area that is not included in the area of jurisdiction of,

(i) a body mentioned in paragraph 3 or 4 of subsection (2),

(ii) a board of education, within the meaning of subsection 1 (1), to which members are elected by separate school electors, that has a minority language section,

(iii) a county combined separate school board that has a minority language section, or

(iv) a district combined separate school board that has a minority language section.

Same

(4) A person referred to in subsection (3) shall be deemed to have made the choice referred to in clause (1) (c) if the person has indicated under section 15 of the Assessment Act that he or she has the right described in clause (1) (b).

Same

(5) A person who is deemed under subsection (2) or (4) to have made the choice referred to in clause (1) (c) may withdraw the choice, for the purposes of clause (1) (d), under the Assessment Act or the Municipal Elections Act, 1996.

Same

(6) A person qualified to be an elector for a French-language district school board may not vote for members of an English-language district school board

Election by general vote

332. (1) The members of a district school board to be elected for a geographic area established under section 327 shall be elected by general vote of the electors qualified to vote in the geographic area for the members of that district school board.

Electors for English-language public district school boards

(2) The members of an English-language public district school board shall be elected by public school electors who are not qualified under subsection 331 (1) to be electors for a French-language district school board.

Electors for English-language separate district school boards

(3) The members of an English-language separate district school board shall be elected by separate school electors who are not qualified under subsection 331 (1) to be electors for a French-language district school board.

Electors for French-language public district school boards

(4) The members of a French-language public district school board shall be elected by public school electors who are qualified under subsection 331 (1) to be electors for a French-language district school board.

Electors for French-language separate district school boards

(5) The members of a French-language separate district school board shall be elected by separate school electors who are qualified under subsection 331 (1) to be electors for a French-language district school board.

Qualifications of members

333. (1) A person is qualified to be elected as a member of a district school board or school authority if the person is qualified to vote for members of that district school board or that school authority and is resident in its area of jurisdiction.

Same

(2) A person who is qualified under subsection (1) to be elected as a member of a district school board is qualified to be elected as a member of that district school board for any geographic area in the district school board's area of jurisdiction, regardless of which positions on that district school board the person may be qualified to vote for.

Eligibility for re-election

(3) A member of a district school board or school authority is eligible for re-election if otherwise qualified.

Disqualifications

(4) Despite subsection (1), a person is not qualified to be elected or to act as a member of a district school board or school authority if the person is,

(a) an employee of a district school board or school authority;

(b) an employee of an existing board within the meaning of section 327;

(d) the clerk or treasurer or deputy clerk or deputy treasurer of a county or municipality, including a metropolitan or regional municipality and The District Municipality of Muskoka, all or part of which is included in the area of jurisdiction of that district school board or that school authority;

(e) a member of the Assembly or of the Senate or House of Commons of Canada; or

(f) otherwise ineligible or disqualified under this or any other Act.

Leave of absence

(5) Despite subsection (4), a person who is,

(a) an employee of a district school board or school authority;

(b) an employee of an existing board within the meaning of section 327;

is not ineligible to be a candidate for or to be elected as a member of a district school board or school authority if he or she or, in the case of clause (c), his or her spouse, takes an unpaid leave of absence, beginning no later than nomination day and ending on voting day, in which case subsections 30 (2) to (7) of the Municipal Elections Act, 1996 apply with necessary modifications.

Same

(6) For the purposes of subsection (5),

"nomination day" and "voting day" have the same meaning as in the Municipal Elections Act, 1996.

Disqualification: district school board by-elections

(7) Despite subsection (1), a person is not qualified to be elected in a by-election or to act as a member of a district school board if the person is a member of,

(a) any other district school board;

(b) a school authority;

(c) the council of a municipality, including a metropolitan or regional municipality and The District Municipality of Muskoka, all or part of which is included in the area of jurisdiction of the district school board; or

(d) a local board, as defined in the Municipal Affairs Act, of a municipality, including a metropolitan or regional municipality and The District Municipality of Muskoka, all or part of which is included in the area of jurisdiction of the district school board,

and the person's term of office has at least two months to run after the last day for filing nominations for the by-election, unless before the closing of nominations the person has filed his or her resignation with the secretary of the other district school board, with the secretary of the school authority or with the clerk of the municipality, as the case may be.

Disqualification: school authority by-elections

(8) Despite subsection (1), a person is not qualified to be elected in a by-election or to act as a member of a school authority if the person is a member of,

(a) any other school authority;

(b) a district school board;

and the person's term of office has at least two months to run after the last day for filing nominations for the by-election, unless before the closing of nominations the person has filed his or her resignation with the secretary of the other school authority, with the secretary of the district school board or with the clerk of the municipality, as the case may be.

Qualification to act as a member

(9) A person is not qualified to act as a member of a district school board or school authority if the person ceases to hold the qualifications required to be elected and to act as a member of the district school board or the school authority.

Person not to be candidate for more than one seat

(10) No person shall run as a candidate for more than one seat on a district school board or school authority and any person who does so and is elected to hold one or more seats on the district school board or the school authority is not entitled to act as a member of the district school board or the school authority by reason of the election.

Vacancy where member disqualified

(11) The seat of a member of a district school board or school authority who is not qualified or entitled to act as a member of that district school board or that school authority is vacated.

Membership on existing board

(12) Despite section 40 of the Municipal Act, a person who holds office on an existing board, within the meaning of section 327, may be a candidate for, be elected to and hold office on a district school board or a school authority.

Application of ss. 219, 220

(13) Despite anything in this section, sections 219 and 220 continue to apply to a school authority for the purposes of,

(a) filling vacancies in an office the term of which commenced before the regular election of 1997; and

(b) determining eligibility to act in an office the term of which commenced before the regular election of 1997.

Same

(14) Sections 219 and 220 do not apply to a school authority for any purpose not mentioned in subsection (13).

8. The Act is amended by adding the following sections to Part XIV of the Act:

Education Improvement Commission

334. (1) A commission to be known in English as the Education Improvement Commission and in French as Commission d'amélioration de l'éducation is established.

Composition

(2) The Commission shall consist of not fewer than five and not more than seven members, appointed by the Lieutenant Governor in Council.

Chair and vice-chair

(3) The Lieutenant Governor in Council shall designate a chair and a vice-chair or, in the alternative, two chairs from among the members of the Commission.

Term of office

(4) The members of the Commission shall hold office during the pleasure of the Lieutenant Governor in Council.

Authority of vice-chair

(5) If a vice-chair is designated under subsection (3) and the chair is absent or unable to act or there is a vacancy in the office of chair, the vice-chair shall act as and have all the powers of the chair.

Authority of co-chairs

(6) Subject to subsection (7), if two chairs are designated under subsection (3), the chairs may agree on how the powers and duties of the chair shall be shared.

Same

(7) The Minister may give directions regarding how the powers and duties of the chair shall be shared and the chairs shall comply with the directions.

Quorum

(8) A majority of the members of the Commission constitutes a quorum.

Remuneration and expenses

(9) The members of the Commission shall be paid the remuneration fixed by the Lieutenant Governor in Council and the reasonable expenses incurred in the course of their duties under this Part.

Staff and accommodation

(10) The Ministry shall provide the Commission with such staff and accommodation as the Minister considers necessary for the purposes of the Commission.

Expert assistance

(11) Within its budget, the Commission may retain expert services to assist it in its work.

Delegation

(12) The Commission may delegate any of its powers or duties, including any power or duty assigned or delegated to it under the regulations, to one or more members of the Commission, to one or more members of the Commission's staff or to one or more experts retained by the Commission, and may impose conditions and restrictions on the delegation.

Exception

(13) Subsection (12) does not apply to powers and duties of the Commission under sections 340 to 342.

Delegation, transitional controls

(14) The Commission may delegate any of its powers and duties under sections 340 to 342 to,

(a) the committee, if any, established under section 339; or

(b) one or more members of the Commission or of the committee established under section 339,

and may impose conditions and restrictions on the delegation.

Court proceedings

(15) The Commission, in its name, may be a party to any court proceeding.

Annual report

(16) The Commission shall make an annual report to the Minister 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.

Additional reports

(17) In addition to its annual report, the Commission may report to the Minister at any time and shall report to the Minister in such form and manner, with such information and at such times as the Minister requires.

Definition

335. (1) In this section and in sections 336 to 347,

"existing board" has the same meaning as "board" in subsection 1 (1) and includes The Metropolitan Toronto School Board but does not include a school authority.

Function of Commission

(2) The Education Improvement Commission shall oversee the transition to the new system of education governance in Ontario.

Same

(3) Without limiting the generality of subsection (2), for the purpose of overseeing the transition to the new system of education governance in Ontario, the Commission shall,

(a) co-ordinate processes relating to elections of members of district school boards and elections of members of school authorities the areas of jurisdiction of which are entirely or partly the same as the area of jurisdiction of a district school board;

(b) provide information relating to elections referred to in clause (a) to municipal clerks, secretaries of existing boards and others;

(c) identify issues relating to the establishment of French-language district school boards that should, in the opinion of the Commission, be addressed and consider and make recommendations to the Minister on those issues;

(d) identify issues that should, in the opinion of the Commission, be addressed, relating to representation on district school boards of the interests of members of bands in respect of which there is agreement under this Act to provide instruction to pupils who are Indians within the meaning of the Indian Act (Canada), and consider and make recommendations to the Minister on those issues;

(e) identify other key issues that should, in the opinion of the Commission, be addressed, including but not limited to issues relating to the distribution of the assets and liabilities of existing boards and the transfer of staff of existing boards, and consider and make recommendations to the Minister on those issues;

(f) consider, conduct research, facilitate discussion and make recommendations to the Minister on how to promote and facilitate the out-sourcing of non-instructional services by district school boards;

(g) consider, conduct research, facilitate discussion and make recommendations to the Minister on the feasibility of strengthening the role of school councils over time;

(h) consider, conduct research, facilitate discussion and make recommendations to the Minister on the feasibility of increasing parental involvement in education governance;

(i) order an existing board to provide such reports and information to the Commission or to a committee established under clause (l) as are relevant to the work of the Commission or committee;

(j) where it considers it appropriate to do so, appoint an auditor to perform an audit of all or part of the affairs of an existing board, consider the report of the auditor and make recommendations to the Minister on what measures, if any, should be taken as a result of the report;

(k) consider and make recommendations to the Minister on what measures, if any, should be taken to strengthen the financial accountability of existing boards;

(l) in accordance with section 338, establish education improvement committees to address matters referred by the Commission;

(m) consider and make recommendations to the Minister on any issue, including but not limited to issues relating to the distribution of the assets and liabilities of existing boards and the transfer of staff of existing boards, referred to the Commission by the Minister; and

(n) perform any other duties assigned or delegated to the Commission by the regulations.

Orders for reports, information

336. (1) An order under clause 335 (3) (i) may include a direction to an existing board to,

(a) furnish information, records or documents that are in its possession or control,

(b) create a new document or record by compiling existing information, and furnish the document or record;

Same

(2) Where it considers it appropriate to do so, the Commission may order an existing board that has been ordered under clause 335 (3) (i) to provide a report or information, to retain an auditor to,

(a) review the report or information, in accordance with any directions specified for the purpose by the Commission; and

(b) report to the existing board and to the Commission in writing on the completeness and accuracy of the report or information, in accordance with any directions specified for the purpose by the Commission.

Same

(3) An auditor retained under subsection (2) shall be licensed under the Public Accountancy Act.

Same

(4) An order under subsection (2) may be made either before or after the existing board provides the report or information to the Commission.

Deadline for compliance

(5) An order by the Commission under clause 335 (3) (i) or this section may specify a deadline for compliance with all or part of the order.

Order may be filed in court

(6) An order by the Commission under clause 335 (3) (i) or this section may be filed in the Ontario Court (General Division).

Same

(7) An order that is filed under subsection (6) shall be enforceable as if it were an order of the Ontario Court (General Division).

Powers of auditor appointed under cl. 335 (3) (j)

337. (1) An auditor appointed under clause 335 (3) (j),

(a) may require the production of any books, records and documents that may in any way relate to the affairs of the existing board that are the subject of the audit and may inspect and copy them; and

(b) may require any member, officer or employee of the existing board and any other person to appear before him or her and give evidence on oath or solemn affirmation relating to any of the affairs of the existing board that are the subject of the audit,

and for the purpose has all the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the audit as if it were an inquiry under that Act.

Report of auditor

(2) On completion of the audit, the auditor shall report in writing to the Commission.

Obstruction of auditor

(3) No person shall obstruct the auditor in the performance of the audit or conceal or destroy any books, records or documents or things relevant to the subject-matter of the audit.

Offence

(4) After the Fewer School Boards Act, 1997 receives Royal Assent, every person who knowingly contravenes subsection (3) and every member or officer of the existing board who knowingly concurs in such contravention is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

Same

(5) Any person convicted of an offence under subsection (4) is, on conviction and in addition to the penalty provided by subsection (4), not qualified for a period of two years to be elected or to act as a member of a district school board, a school authority or an existing board.

Same

(6) Subsection 333 (11) applies, with necessary modifications, to the seat of a member of an existing board who ceases to be qualified to act as a member of that board under subsection (5).

Education improvement committees

338. (1) The Education Improvement Commission shall develop and implement a process for establishing education improvement committees under clause 335 (3) (l).

Same

(2) In developing the process, the Commission shall have regard to the importance of achieving representation on the committees of the interests that, in the opinion of the Commission, are likely to be affected by the transition to the new system of education governance, including but not limited to the interests of persons represented by existing boards, minority language sections of existing boards and French-language advisory committees.

Matters to be referred

(3) The Commission may refer to an education improvement committee any matter relating to the transition to the new system of education governance, including but not limited to matters relating to the distribution of the assets and liabilities of existing boards and the transfer of staff of existing boards.

Plans

(4) When referring a matter under subsection (3), the Commission may direct the committee to,

(a) make recommendations regarding how the matter should be managed; and

(b) develop a plan regarding how the matter should be managed.

Same

(5) The Commission may specify guidelines and formats for a committee to follow when developing a plan or making recommendations.

Procedures

(6) The Commission may specify procedures for a committee to follow in relation to any matter referred to it.

Duty of committees

(7) An education improvement committee shall,

(a) consider any matter referred to it;

(b) follow any guidelines and format specified in relation to the referral;

(d) make recommendations, where directed to do so by the Commission, and submit them to the Commission; and

(e) develop a plan, where directed to do so by the Commission, and submit it to the Commission.

Committee

339. (1) The Education Improvement Commission may establish a committee, consisting of two or three persons appointed to it by the Commission, to perform the duties and exercise the powers referred to in subsection (5).

Membership

(2) The persons appointed under subsection (1) may be but are not required to be members of the Education Improvement Commission.

Remuneration

(3) A member of the committee who is not also a member of the Education Improvement Commission shall be paid the same remuneration as that fixed by the Lieutenant Governor in Council under subsection 334 (9).

Expenses

(4) The members of the committee shall be paid the reasonable expenses incurred in the course of their duties under this Part.

Duties

(5) The committee shall,

(a) perform the duties and exercise the powers delegated to it by the Education Improvement Commission under subsection 334 (14);

(b) report to the Education Improvement Commission at the request of the Commission.

Transitional controls

340. (1) The Education Improvement Commission shall,

(a) monitor the actions of existing boards, to ensure their compliance with this Act and Part VIII of the Municipality of Metropolitan Toronto Act;

(b) assist existing boards in the preparation of 1997 budgets;

(d) consider requests for approval under sections 341 and 342 and grant them when the Commission considers it appropriate.

Guidelines

(2) The Education Improvement Commission,

(a) shall establish and publish guidelines with respect to,

(i) appointments, hiring and promotion, as referred to in clause 341 (1) (f), and

(ii) payments and agreements to make payments in connection with the ending of an employment relationship, as referred to in clause 341 (1) (g); and

(b) may establish and publish guidelines with respect to matters referred to in clauses 341 (1) (a) to (e).

Time limit

(3) The powers and duties set out in subsections (1) and (2) may not be exercised after a date prescribed for the purpose under subsection (4).

Same

(4) The Minister may, by regulation, prescribe a date for the purposes of subsection (3).

Restrictions on powers of existing boards

341. (1) From January 13, 1997 to December 31, 1997, an existing board shall not,

(a) after its budget has been approved under subsection 342 (4), pass a by-law or resolution relating to a payment not provided for in the budget;

(b) convey an interest in property whose original purchase price or actual current value exceeds $50,000;

(d) transfer money between or among reserves or reserve funds, or change the purpose or designation of a reserve or reserve fund;

(e) enter into a contract or incur a financial liability or obligation that extends beyond December 31, 1997;

(f) appoint a person to a position, hire a new employee, or promote an existing employee; or

(g) make or agree to make a payment in connection with the ending of an employment relationship, except in accordance with a contract or collective agreement entered into before January 13, 1997.

Exception: conformity with approval, guideline

(2) Subsection (1) does not apply to,

(a) anything done with the approval of the Education Improvement Commission, obtained in advance;

(b) a by-law or resolution containing a provision to the effect that it shall not come into force until the approval of the Education Improvement Commission has been obtained;

(d) anything done under the Labour Relations Act or the School Boards and Teachers Collective Negotiations Act.

Application of subss. 236 (6)

(3) During the period referred to in subsection (1), the approval of the Minister required by subsection 236 (6) shall be given by the Education Improvement Commission.

Exceptions

(4) Subsection (1) does not prevent an existing board from,

(a) doing anything that it is otherwise required to do by law;

(b) taking action in an emergency.

Same

(5) Subsection (1) does not prevent the performance of a contract entered into before January 13, 1997.

1997 budget

342. (1) Each existing board shall, by a date fixed by the Education Improvement Commission, submit to the Education Improvement Commission a proposed budget for 1997.

Rules

(2) The budget shall be prepared in accordance with the following rules, subject to subsection (3):

1. Appropriations from reserves and reserve funds shall not be included in planned spending, unless this was provided for in an earlier budget.

2. Operating expenditures shall be forecasted for each month of 1997.

Exceptions

(3) The budget as submitted may depart from a rule set out in subsection (2) if the departure is,

(a) accompanied by an explanation; or

(b) approved in advance by the Education Improvement Commission.

Approval of budget

(4) The Education Improvement Commission shall, as expeditiously as possible, consider each proposed budget, make any changes that it considers necessary and approve the resulting final budget.

Same

(5) When the Education Improvement Commission acts under subsection (4), it is not bound by the rules set out in subsection (2).

Approval of spending increases

(6) An existing board shall not exceed the forecasted expenditure levels for a given month of 1997 without the approval of the Education Improvement Commission, given in advance.

Same

(7) The Education Improvement Commission may give retroactive approval to spending that contravenes subsection (6) and may impose conditions on the approval.

Monthly spending report

(8) Within 14 days after the end of each month to which this subsection applies, each existing board shall submit to the Education Improvement Commission a report,

(a) comparing actual operating expenditures for that month to the amount forecasted in the approved budget; and

(b) stating capital expenditures for that month.

Application of subs. (8)

(9) Subsection (8) applies to the month during which the existing board's budget is approved and to every subsequent month of 1997.

Extension of time

(10) The Education Improvement Commission may extend a time limit fixed under subsection (1) or a time limit set out in subsection (4) or (8), and may impose conditions on the extension.

Co-operation by existing boards

343. (1) Each existing board and its members, officers, employees and agents shall,

(a) co-operate with the Education Improvement Commission, with the committees established under clause 335 (3) (l) and with the committee established under section 339, and assist them in the performance of their duties; and

(b) do anything required under this Part; and

(c) on request, allow any person acting under the direction of a body described in clause (a) to examine and copy any document, record or other information in the possession of the existing board.

Costs

(2) An existing board shall pay the costs related, directly or indirectly, to anything that it, any of its members, officers, employees or agents or any person retained by it is required or authorized to do or to refrain from doing under this Part, including but not limited to any costs that may arise under subsection 114 (2) or 236 (8).

Non-application of Regulations Act

344. (1) The Regulations Act does not apply to anything done by the Education Improvement Commission under this Part.

Decisions final, no judicial review

(2) The decisions of the Education Improvement Commission are final and shall not be reviewed or questioned by a court.

Non-application of SPPA

(3) The Statutory Powers Procedure Act does not apply to the Education Improvement Commission.

Repeal

345. Sections 334 to 343 are repealed on December 31, 2000.

Protection from liability: duty, authority under this Part

346. (1) No proceeding for damages shall be brought against,

(a) the Education Improvement Commission or a member or delegate of it;

(b) a member of an education improvement committee established under section 335;

(d) a person retained by or acting under the direction of the Education Improvement Commission or a committee referred to in clause (b) or (c),

for an act done in good faith in the execution or intended execution of any duty or authority under this Part or for any alleged neglect or default in the execution in good faith of such duty or authority.

Same

(2) Subsection (1) also applies in respect of an employee or agent of an existing board who acts under the direction of,

(a) a member of the Education Improvement Commission or a committee referred to in clause (1) (b) or (c); or

(b) the existing board.

Vicarious liability

(3) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (1) and (2) do not relieve any person, other than one mentioned in those subsections, of any liability to which the person would otherwise be subject.

Protection from liability: duty, authority relating to elections

(4) No proceeding for damages shall be brought against any person or against the Education Improvement Commission for an act done in good faith in the execution or intended execution of any duty or authority under the Municipal Elections Act, 1996, the Assessment Act or this Part relating to elections to a district school board, to an existing board within the meaning of section 327 or to a school authority, or for any alleged neglect or default in the execution in good faith of such duty or authority.

Vicarious liability

(5) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (4) does not relieve the Crown of any liability to which it would otherwise be subject.

Same

(6) Subsection (4) applies only to an act or alleged neglect or default committed on or after January 1, 1997 and before January 1, 1998.

Same

(7) A proceeding for damages against any person for an act or alleged neglect or default to which subsection (1) or (4) applies that is brought before the Fewer School Boards Act, 1997 receives Royal Assent shall be deemed to have been dismissed without costs on the day that Act receives Royal Assent.

Same

(8) A decision in a proceeding described in subsection (7) is unenforceable.

Personal information

347. (1) A person who obtains under sections 335 to 343 information that is personal information as defined in the Freedom of Information and Protection of Privacy Act shall use and disclose it only for the purposes of this Part.

Example

(2) Without limiting the generality of subsection (1), the information that may be used or disclosed under that subsection includes information relating to,

(a) a financial transaction or proposed financial transaction of an existing board;

(b) anything done or proposed to be done, in connection with the finances of an existing board, by a member, employee or agent of the existing board.

9. Section 347 of the Act, as enacted by section 8 of this Act, is amended by adding the following subsections:

Conflict with FIPPA, MFIPPA

(3) Sections 335 to 343 apply despite anything in the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.

Offence

(4) A person who wilfully uses or discloses, except for the purposes of this Part, information that the person obtained under sections 335 to 343 and that is personal information as defined in the Freedom of Information and Protection of Privacy Act is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

10. The Act is amended by adding the following sections to Part XIV of the Act:

Enforcement of Part

348. (1) The Minister may apply to the Ontario Court (General Division) for an order requiring any person or body to comply with any provision of,

(a) this Part;

(b) a regulation made under this Part; or

Additional power

(2) Subsection (1) is additional to and not intended to replace any other available means of enforcement.

Conflict, Part

349. (1) Subject to subsection 1 (4), this Part applies despite any provision in any other Part of this Act, any provision in any other Act or any provision in any regulation, other than a regulation made under this Part, and in the event of a conflict between this Part and another Part of this Act, another Act or a regulation other than one made under this Part, this Part prevails.

Conflict, regulations

(2) Subject to subsection 1 (4), in the event of a conflict between a regulation made under this Part and a provision of this Act or of any other Act or regulation, the regulation made under this Part prevails.

AMENDMENTS TO THE MUNICIPAL ELECTIONS ACT, 1996

11. (1) Section 1 of the Municipal Elections Act, 1996 is amended by adding the following subsection:

Transition: electors of certain boards

(2) In 1997,

(a) "public school elector" includes an elector of the Conseil des écoles publiques d'Ottawa-Carleton and an elector of The Metropolitan Toronto French-language School Council; and

(b) "separate school elector" includes an elector of the Conseil des écoles catholiques de langue française de la région d'Ottawa-Carleton and an elector of the Conseil des écoles séparées catholiques de langue française de Prescott-Russell.

(2) Section 6 of the Act is amended by adding the following subsections:

Transition: terms following 1997 school board elections

(4) Despite subsections (1) and (3),

(a) the term of office of a member of an existing board, within the meaning of section 327 of the Education Act, continues until the board is dissolved by or under any Act; and

(b) the term of office of a member of a district school board who is elected in 1997 begins on January 1, 1998.

Same

(5) The term of office of a member of a district school board who is elected in 1997 continues and ends in accordance with subsections (1) and (3) as if the member's term had commenced on December 1, 1997.

COMMENCEMENT AND SHORT TITLE

Commencement

12. (1) Except as provided in subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Sections 6 and 8 shall be deemed to have come into force on January 13, 1997.

Short title

13. The short title of this Act is the Fewer School Boards Act, 1997.