Bill 194 2005

An Act to amend
the Education Act

Note: This Act amends the Education Act. For the legislative history of the Act, see 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:

1.  Paragraph 28 of subsection 8 (1) of the Education Act is repealed.

2.  Subsection 49 (6) of the Act is amended by adding "but subject to subsection (7)" after "of this Part".

3.  Subsection 49 (7) of the Act is repealed and the following substituted:

Non-application of subs. (6)

(7)  A board shall not charge a fee to,

(a) a person who is a participant in an educational exchange program under which a pupil of the board attends a school outside Canada without a fee;

(b) a person who is a dependant within the meaning of the Visiting Forces Act (Canada);

(c) a person if that person, his or her parent or someone else with lawful custody of him or her is in Canada,

(i) under a temporary resident permit issued under the Immigration and Refugee Protection Act (Canada),

(ii) under a diplomatic, consular or official acceptance issued by the Government of Canada, or

(iii) claiming refugee protection under the Immigration and Refugee Protection Act (Canada) or having had such protection conferred on him or her;

(d) a person if that person is awaiting determination of an application for permanent residence in Canada under the Immigration and Refugee Protection Act (Canada) or an application for Canadian citizenship and his or her parent or someone else with lawful custody of him is a Canadian citizen resident in Ontario;

(e) a person if his or her parent or someone else with lawful custody of him or her is in Canada,

(i) under a work permit or awaiting the determination of an application for a work permit under the Immigration and Refugee Protection Act (Canada),

(ii) as a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) or is awaiting determination of an application for permanent residence in Canada under the Immigration and Refugee Protection Act (Canada),

(iii) as a religious worker authorized to work in Canada under clause 186 (l) of the Regulations made under the Immigration and Refugee Protection Act (Canada),

(iv) in accordance with authorization under the Immigration and Refugee Protection Act (Canada) to study in Canada and is a full-time student at a university, college or institution in Ontario, including an institution that is an affiliate or federated institution of a university or college, that receives operating grants from the Government of Ontario, or

(v) in accordance with an agreement with a university outside Canada to teach at an institution in Ontario, including its affiliated or federated institutions, that receives operating grants from the Government of Ontario;

(f) a person who is a member of a class of persons prescribed by regulation for the purposes of this subsection.

Regulations

(8)  The Minister may make regulations prescribing one or more classes of persons for the purposes of subsection (7).

Commencement

4.  This Act comes into force on the later of September 1, 2005 and the day it receives Royal Assent.

Short title

5.  The short title of this Act is the Education Amendment Act, 2005 (No. 2).

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 194 and does not form part of the law. Bill 194 has been enacted as Chapter 21 of the Statutes of Ontario, 2005.

The Bill repeals and replaces subsection 49 (7) of the Education Act and makes certain other related changes to the Act.

Bill 194 2005

An Act to amend
the Education Act

Note: This Act amends the Education Act. For the legislative history of the Act, see 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:

1.  Paragraph 28 of subsection 8 (1) of the Education Act is repealed.

2.  Subsection 49 (6) of the Act is amended by adding "but subject to subsection (7)" after "of this Part".

3.  Subsection 49 (7) of the Act is repealed and the following substituted:

Non-application of subs. (6)

(7)  A board shall not charge a fee to,

(a) a person who is a participant in an educational exchange program under which a pupil of the board attends a school outside Canada without a fee;

(b) a person who is a dependant within the meaning of the Visiting Forces Act (Canada);

(c) a person if that person, his or her parent or someone else with lawful custody of him or her is in Canada,

(i) under a temporary resident permit issued under the Immigration and Refugee Protection Act (Canada),

(ii) under a diplomatic, consular or official acceptance issued by the Government of Canada, or

(iii) claiming refugee protection under the Immigration and Refugee Protection Act (Canada) or having had such protection conferred on him or her;

(d) a person if that person is awaiting determination of an application for permanent residence in Canada under the Immigration and Refugee Protection Act (Canada) or an application for Canadian citizenship and his or her parent or someone else with lawful custody of him is a Canadian citizen resident in Ontario;

(e) a person if his or her parent or someone else with lawful custody of him or her is in Canada,

(i) under a work permit or awaiting the determination of an application for a work permit under the Immigration and Refugee Protection Act (Canada),

(ii) as a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) or is awaiting determination of an application for permanent residence in Canada under the Immigration and Refugee Protection Act (Canada),

(iii) as a religious worker authorized to work in Canada under clause 186 (l) of the Regulations made under the Immigration and Refugee Protection Act (Canada),

(iv) in accordance with authorization under the Immigration and Refugee Protection Act (Canada) to study in Canada and is a full-time student at a university, college or institution in Ontario, including an institution that is an affiliate or federated institution of a university or college, that receives operating grants from the Government of Ontario, or

(v) in accordance with an agreement with a university outside Canada to teach at an institution in Ontario, including its affiliated or federated institutions, that receives operating grants from the Government of Ontario;

(f) a person who is a member of a class of persons prescribed by regulation for the purposes of this subsection.

Regulations

(8)  The Minister may make regulations prescribing one or more classes of persons for the purposes of subsection (7).

Commencement

4.  This Act comes into force on the later of September 1, 2005 and the day it receives Royal Assent.

Short title

5.  The short title of this Act is the Education Amendment Act, 2005.

EXPLANATORY NOTE

The Bill repeals and replaces subsection 49 (7) of the Education Act and makes certain other related changes to the Act.