hordruma/ontario_laws_and_regs huggingface dataset:
PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
Tie vote
227 If two or more candidates receive an equal number of votes at a meeting held under clause 221 (1) (a) to appoint a person to fill a vacancy or at a meeting to elect a person to fill a vacancy, the chair of the meeting shall provide for the drawing of lots to determine which of the candidates shall be appointed or elected.  1997, c. 31, s. 112. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998
PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
Seat vacated by conviction, absence etc.
228 (1) A member of a board vacates his or her seat if he or she, (a) is convicted of an indictable offence; (b) absents himself or herself without being authorized by resolution entered in the minutes, from three consecutive regular meetings of the board; (c) ceases to hold the qualifications required to act as a member of the board; (d) becomes disqualified under subsection 219 (4); or (e) fails to be physically present as required by the regulations made under clause 208.1 (1) (b). 1997, c. 31, s. 112; 2020, c. 7, Sched. 9, s. 2. Exception: conviction (2) Despite subsection (1), where a member of a board is convicted of an indictable offence, the vacancy shall not be filled until the time for taking any appeal that may be taken from the conviction has elapsed, or until the final determination of any appeal so taken, and in the event of the quashing of the conviction the seat shall be deemed not to have been vacated.  1997, c. 31, s. 112. Exception: pregnancy or parental leave (2.1) Clause (1) (b) does not apply to vacate the office of a member of a board who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member. 2017, c. 10, Sched. 4, s. 3 (2). Filling of vacancies (3) Where a seat becomes vacant under this section, the provisions of this Act with respect to the filling of vacancies apply.  1997, c. 31, s. 112. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998 2017, c. 10, Sched. 4, s. 3 (2) - 30/05/2017 2020, c. 7, Sched. 9, s. 2 - 05/06/2020 229 Repealed: 2020, c. 7, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998 2006, c. 10, s. 19
- 01/06/2006 2020, c. 7, Sched. 9, s. 3 - 05/06/2020 PART VIII   COMPLIANCE WITH BOARD OBLIGATIONS
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Investigation, board compliance with certain requirements
230 The Minister may direct an investigation of a board’s affairs if the Minister has concerns that the board may have done or omitted to do something and the act or omission,  (a) contravenes, indicates an intention to contravene or might result in a contravention of paragraph 2 or 3 of subsection 8 (1) or of a regulation made under section 11.1, clause 13 (7) (d.1) or section 170.1; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 230 (a) of the Act is amended by striking out “paragraph 2 or 3” and substituting “paragraph 2, 3 or 22.1”. (See: 2023, c. 11, Sched. 2, s. 25) (b) makes, indicates an intention to make, or may result in the making of a payment of a type governed by section 191 or 191.2 that does not comply with section 191 or a regulation made under it, or section 191.2, as the case may be; or (c) applies funds, indicates an intention to apply funds or may result in the application of funds in a manner that contravenes a regulation made under section 234.  2006, c. 10, s. 20; 2017, c. 34, Sched. 12, s. 4. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000 2001, c. 14, Sched. A, s. 5 - 01/07/2001 2006, c. 10, s. 20
- 01/06/2006; 2006, c. 28, s. 13
- no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2016 2017, c. 34, Sched. 12, s. 4 - 14/12/2017 2023, c. 11, Sched. 2, s. 25 - not in force 230.1 Repealed:  2006, c. 10, s. 20. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7
- 23/06/2000 2001, c. 14, Sched. A, s. 6 - 01/07/2001 2006, c. 10, s. 20
- 01/06/2006
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Appointment of investigator
230.2 (1) Where the Minister directs an investigation under section 230, he or she may appoint as an investigator an employee in the Ministry or any other person.  2000, c. 11, s. 7; 2006, c. 10, s. 21 (1). Same (2) In appointing an investigator for an investigation directed under section 230, the Minister shall specify in writing which legal requirements referred to in section 230 are in issue.  2000, c. 11, s. 7. (3) Repealed:  2006, c. 10, s. 21 (2). Scope of investigation (4) The investigator may investigate any of the affairs of the board that, in his or her opinion, relate to the requirements specified under subsection (2).  2000, c. 11, s. 7; 2006, c. 10, s. 21 (3). Powers of investigator (5) An investigator may, (a) require the production of any records that may in any way relate to the investigation; (b) examine and copy any records required under clause (a); and (c) require any officer of the board or any other person to appear before him or her and give evidence, on oath or affirmation, relating to the investigation.  2000, c. 11, s. 7. Application of Public Inquiries Act, 2009 (6) Section 33 of the Public Inquiries Act, 2009 applies to an investigation.  2009, c. 33, Sched. 6, s. 53 (2). Report of investigator (7) On completion of an investigation, an investigator shall report in writing to the Minister, who shall promptly transmit a copy of the report to the secretary of the board.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7
- 23/06/2000 2006, c. 10, s. 21 (1-3)
- 01/06/2006 2009, c. 33, Sched. 6, s. 53 (2) - 01/06/2011
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Minister’s powers on reviewing reports: directions
230.3 (1) The Minister may give any directions to the board that he or she considers advisable to address the non-compliance or likelihood of non-compliance referred to in the following clauses, if, in the opinion of the Minister, (a) the report made under subsection 230.2 (7) discloses evidence of non-compliance with a requirement specified under subsection 230.2 (2) or evidence that an act or omission of the board will likely result in non-compliance with a requirement specified under subsection 230.2 (2); or (b) a report made under subsection 13.2 (15) discloses evidence of non-compliance with a regulation made under clause 13 (7) (d.1) or evidence that an act or omission of the board will likely result in non-compliance with a regulation made under clause 13 (7) (d.1). 2017, c. 34, Sched. 12, s. 5. Vesting order: board failure to comply with direction (2) If the Minister advises the Lieutenant Governor in Council that he or she is of the opinion that the board has failed to comply with a direction given under subsection (1), the Lieutenant Governor in Council may make any order that the Lieutenant Governor in Council considers necessary or advisable to vest in the Ministry control and charge over the administration of the affairs of the board.  2000, c. 11, s. 7. Notice to board (3) The order shall be promptly transmitted to the secretary of the board.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7
- 23/06/2000 2006, c. 10, s. 22
- 01/06/2006 2017, c. 34, Sched. 12, s. 5 - 14/12/2017
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Vesting order
230.4 (1) Where a board is subject to an order under subsection 230.3 (2), (a) the Minister shall publish notice of the order in The Ontario Gazette; and (b) the persons directed by the Minister to do so shall give notice of the order to the persons specified by the Minister, in the form specified by the Minister.  2000, c. 11, s. 7. No proceedings against board without leave of Minister (2) After notice has been published in The Ontario Gazette under clause (1) (a), (a) no proceeding against the board shall be commenced or continued in any court without leave of the Minister; and (b) no order of any court shall be enforced against the board without leave of the Minister.  2000, c. 11, s. 7. Suspension of limitation period (3) Subject to subsection (4), where the commencement or continuance of any proceeding or the enforcement of a court order is prevented under this section, (a) the running of any limitation period relating to the proceeding or enforcement is suspended until the Minister gives leave to commence or continue the proceeding or to enforce the court order, as the case may be; and (b) the person having the right to commence or continue the proceeding or to enforce the court order shall, immediately after the leave is given, have the same length of time within which to commence or continue the proceeding or enforce the court order, as the case may be, as the person had when the notice was published in The Ontario Gazette under clause (1) (a).  2000, c. 11, s. 7. Same (4) Subsection (3) does not apply unless application is made to the Minister for leave to commence or continue the proceeding or to enforce the order within the relevant limitation period and the Minister refuses to give the leave.  2000, c. 11, s. 7. Effect of order (5) Subsection (2) does not apply in relation to a board that is subject to an order under subsection 230.3 (2) after the Minister, under clause 230.5 (2) (b),  makes an order of a type described in clause 257.34 (2) (b) or (i) with respect to the board.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Control exercisable by Minister
230.5 (1) Where the Lieutenant Governor in Council has made an order under subsection 230.3 (2) in respect of a board, the Minister has control and charge over the board generally with respect to any matter in any way affecting the board’s affairs.  2000, c. 11, s. 7. Same (2) Without limiting the generality of subsection (1), where the Lieutenant Governor in Council has made an order under subsection 230.3 (2) in respect of a board, (a) the Minister has control and charge over the exercise and performance by the board of its powers, duties and obligations with respect to all matters, including but not limited to all matters referred to in clauses 257.33 (2) (a) to (i); and (b) sections 257.34 to 257.38 apply, with necessary modifications, as if the board were subject to an order under subsection 257.31 (2) or (3).  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Exercise of board jurisdiction subject to order
230.6 The powers and duties under this or any other Act of a board that is subject to an order under subsection 230.3 (2) shall only be exercised or performed in accordance with and subject to this Part and any order made or agreement entered into under it.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Exclusive jurisdiction
230.7 (1) Subject to subsections (3) and (4) and subsection 230.17 (3), the Minister has exclusive jurisdiction as to all matters arising under this Part or out of the exercise by the board or any person of any of the powers conferred by this Part, and that jurisdiction is not open to question or review in any proceeding or by any court.  2000, c. 11, s. 7. Review of orders, etc. (2) The Minister may at any time review any order, direction or decision made by him or her under this Part and confirm, amend or revoke it.  2000, c. 11, s. 7. Exclusive jurisdiction (3) Subject to subsection 230.17 (3), the Lieutenant Governor in Council has exclusive jurisdiction as to the making of an order under subsection 230.3 (2), and that jurisdiction is not open to question or review in any proceeding or by any court.  2000, c. 11, s. 7. Review of orders, etc. (4) The Lieutenant Governor in Council may at any time review any order made by the Lieutenant Governor in Council under subsection 230.3 (2) and confirm, amend or revoke it.  2000, c. 11, s. 7. Limitation (5) This section is subject to section 230.19.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Powers of Minister
230.8 The Minister may make any orders from time to time that he or she considers advisable to carry out the provisions of this Part or any agreement made under it and may make rules in respect of any thing done under this Part.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Forms of certificates, notices, etc.
230.9 Every certificate, notice or other form that is in substantial conformity with the form required for it under this Part is not open to objection on the ground that it is not in the form required by this Part.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Powers exercisable for and in name of board
230.10 Where a board has become subject to an order made under subsection 230.3 (2), all things done by or for the Minister under this Part in relation to the affairs of the board shall for all purposes be deemed to have been done by and for the board and in its name.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Minister to have access to all records
230.11 Where a board has become subject to an order made under subsection 230.3 (2), the Minister shall have access at all times to all records of the board, including but not limited to all by-laws, assessment rolls, collectors’ rolls, minute books, books of account, vouchers and other records relating to the board’s financial transactions, and may inspect and copy them.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Powers to enforce directions, orders, etc.
230.12 (1) Where a board fails to comply with any order, direction or decision of the Minister under this Part, the Minister may, on the notice, if any, that he or she considers appropriate, do or order done all things necessary for compliance with the order, direction or decision, and may exercise all the powers of the board for the purpose, under its name.  2000, c. 11, s. 7. (2) Repealed:  2006, c. 10, s. 23 (1). Personal liability of members of boards (3) If a board that is subject to an order made under subsection 230.3 (2) applies any of its funds otherwise than as the Minister orders or authorizes, the members of the board who voted for the application are jointly and severally liable for the amount so applied, which may be recovered in a court of competent jurisdiction.  2006, c. 10, s. 23 (2). Dismissal of officers or employees (4) The Minister may dismiss from office any officer or employee of a board who fails to carry out any order, direction or decision of the Minister under this Part and may exercise all the powers of the board for the purpose, under its name.  2000, c. 11, s. 7. No indemnification (5) A board shall not indemnify any of its members, officers or employees with respect to any fine imposed on conviction for an offence under this Part or with respect to any liability under subsection (3).  2000, c. 11, s. 7; 2009, c. 34, Sched. I, s. 3. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7
- 23/06/2000 2006, c. 10, s. 23 (1, 2)
- 01/06/2006 2009, c. 34, Sched. I, s. 3 - 15/12/2009
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Injunction against exercise of board powers
230.13 The Minister may by injunction proceedings prevent the exercise by or for a board of any of its powers that has not been approved by the Minister, if that approval is required under this Part.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Combining board offices
230.14 Where a board has become subject to an order made under subsection 230.3 (2), the Minister may direct that two or more of the offices of the board shall be combined and held by the same officer, and may subsequently separate any of the offices so combined.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Expenses
230.15 (1) The Minister may direct payment of the fees or remuneration and expenses reasonably incurred by the Ministry under this Part that he or she may determine.  2000, c. 11, s. 7. Appointment of Minister (2) The Minister may appoint a person, who may be an officer of the board, to exercise the powers and perform the duties that the Minister may provide, and the person so appointed shall be paid the salary and allowed the expenses that the Minister may determine.  2000, c. 11, s. 7. Board may be heard as to salaries (3) The Minister, in determining the salaries to be paid to any person appointed under subsection (2), shall give consideration to any representations that the board may at any time make.  2000, c. 11, s. 7. Payment of salaries and expenses (4) All salaries, fees, remuneration and expenses payable under this section and all other expenses incurred by the Minister in carrying out the provisions of this Part or in the exercise of his or her powers under it shall be paid by the board to the extent directed by the Minister and be chargeable to such of its accounts as the Minister may direct.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Conflict
230.16 The powers contained in this Part shall be deemed to be in addition to and not in derogation of any power of the Minister under this or any other Act but, where the provisions of any Act or any other provision of this Act conflict with the provisions of this Part, the provisions of this Part prevail.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Revocation of order
230.17 (1) The Lieutenant Governor in Council shall revoke an order made under subsection 230.3 (2) if the Lieutenant Governor in Council is satisfied that the board is in compliance with the requirements specified under subsection 230.2 (2).  2000, c. 11, s. 7; 2006, c. 10, s. 24 (1). Same (2) A member of a board that is subject to an order made under subsection 230.3 (2) may apply to the Divisional Court for an order revoking the order made under subsection 230.3 (2).  2000, c. 11, s. 7. Same (3) The Divisional Court shall make the order applied for under subsection (2) if it is satisfied that the board is in compliance with the requirements specified under subsection 230.2 (2).  2000, c. 11, s. 7; 2006, c. 10, s. 24 (2). Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000 2006, c. 10, s. 24 (1, 2)
- 01/06/2006
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Legislation Act, 2006, Part III
230.18 (1) Part III (Regulations) of the Legislation Act, 2006 does not apply to anything done under any provision of this Part.  2000, c. 11, s. 7; 2006, c. 10, s. 25; 2006, c. 21, Sched. F, s. 136 (1). Non-application of Statutory Powers Procedure Act (2) The Statutory Powers Procedure Act does not apply to anything done under this Part.  2000, c. 11, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7
- 23/06/2000 2006, c. 10, s. 25
- 01/06/2006; 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
PART VIII COMPLIANCE WITH BOARD OBLIGATIONS
Denominational, linguistic and cultural issues
230.19 (1) Nothing in this Part authorizes the Minister to interfere with or control, (a) the denominational aspects of a Roman Catholic board; (b) the denominational aspects of a Protestant separate school board; (c) the linguistic or cultural aspects of a French-language district school board; or (d) the linguistic or cultural aspects of the Centre Jules-Léger Consortium.  2000, c. 11, s. 7; 2017, c. 34, Sched. 12, s. 6 (1). Same (2) The powers under this Part shall be exercised in a manner that is consistent with, (a) the denominational aspects of a Roman Catholic board; (b) the denominational aspects of a Protestant separate school board; (c) the linguistic or cultural aspects of a French-language district school board; or (d) the linguistic or cultural aspects of the Centre Jules-Léger Consortium.  2000, c. 11, s. 7; 2017, c. 34, Sched. 12, s. 6 (2). Section Amendments with date in force (d/m/y) 2000, c. 11, s. 7 - 23/06/2000 2017, c. 34, Sched. 12, s. 6 (1, 2) - 14/12/2017 PART IX 
FINANCE DIVISION A   GENERAL Interpretation
PART IX FINANCE
Definitions
230.20 (1) In this Part,  “accumulated deficit” means the amount, if any, by which the total of a board’s current and prior in-year deficits exceeds the total of its current and prior in-year surpluses; (“déficit accumulé”) “accumulated surplus” means the amount, if any, by which the total of a board’s current and prior in-year surpluses exceeds the total of its current and prior in-year deficits; (“excédent accumulé”) “deferred revenue” means, in respect of a board, the total of, (a) all amounts that the board is required to restrict under subsection 233 (3), and (b) all amounts that are subject to restrictions on the school purposes for which they may be used by the board, where the restrictions may be legally enforced against the board by another body or entity; (“recettes reportées”) “in-year deficit” means the amount, if any, by which a board’s expenses in a fiscal year exceed its revenues in that fiscal year; (“déficit d’exercice”) “in-year surplus” means the amount, if any, by which a board’s revenues in a fiscal year exceed its expenses in that fiscal year; (“excédent d’exercice”) “operating revenue” has the meaning prescribed by the regulations. (“recettes de fonctionnement”)  2009, c. 34, Sched. I, s. 4. Regulations (2) The Lieutenant Governor in Council may make regulations, (a) prescribing the meaning of “operating revenue”; (b) prescribing revenues, expenses or other matters to be included or excluded in the determination of a board’s accumulated deficit, accumulated surplus, in-year deficit or in-year surplus, and providing that the regulation applies only in respect of specified provisions of this Act.  2009, c. 34, Sched. I, s. 4. Fiscal year (3) The fiscal year of a board is the year from September 1 to August 31.  2009, c. 34, Sched. I, s. 4. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2009, c. 34, Sched. I, s. 4 - 01/09/2010 In-Year Deficits
PART IX FINANCE
Regulations re accounting standards
230.21 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing accounting standards with which boards must comply in preparing their financial statements; (b) phasing in or authorizing boards to phase in any changes to accounting standards to their budgets over a period of years, and governing the phase-in.  2009, c. 34, Sched. I, s. 4. Same (2) A regulation made under subsection (1) may, (a) incorporate a document or publication as it may be amended from time to time; and (b) apply in respect of the fiscal year in which the regulation is made, even if the regulation is made after the start of the fiscal year.  2009, c. 34, Sched. I, s. 4. Section Amendments with date in force (d/m/y) 2009, c. 34, Sched. I, s. 4 - 01/09/2010