PART VI BOARDS
Powers of boards
171 (1) A board may, committees 1. establish committees composed of members of the board to make recommendations to the board in respect of education, finance, personnel and property;  R.S.O. 1990, c. E.2, s. 171 (1), par. 1. idem 2. establish committees that may include persons who are not members of the board in respect of matters other than those referred to in paragraph 1;  R.S.O. 1990, c. E.2, s. 171 (1), par. 2. appoint employees 3. except as otherwise provided under this Act, appoint and remove such officers and servants and appoint and remove such teachers and designated early childhood educators, as it considers expedient, determine the terms on which such officers, servants, teachers and designated early childhood educators are to be employed, prescribe their duties and fix their salaries, except that in the case of a secretary of a board who is a member of the board, the board may pay only such compensation for his or her services as is approved by the electors at a meeting of the electors;  R.S.O. 1990, c. E.2, s. 171 (1), par. 3; 2001, c. 24, s. 3; 2010, c. 10, s. 8 (1). voluntary assistants 4. permit a principal to assign to a person who volunteers to serve without remuneration such duties in respect of the school as are approved by the board and to terminate such assignment;  R.S.O. 1990, c. E.2, s. 171 (1), par. 4. supervisors, teachers 5. appoint persons to supervise teaching staff and every appointee shall hold the qualifications and perform the duties required under any Act or regulation administered by the Minister;  2010, c. 10, s. 8 (2). supervisors, designated early childhood educators 5.1 appoint persons to supervise persons in positions designated by the board as requiring an early childhood educator and every appointee shall hold the qualifications and perform the duties required under any Act or regulation administered by the Minister;  2010, c. 10, s. 8 (2). psychiatrist or psychologist 6. appoint one or more, i. psychiatrists who are on the register of specialists in psychiatry of The Royal College of Physicians and Surgeons of Canada or of the College of Physicians and Surgeons of Ontario, ii. psychologists who are legally qualified medical practitioners or are members of the College of Psychologists of Ontario;  R.S.O. 1990, c. E.2, s. 171 (1), par. 6; 1997, c. 31, s. 82 (1). schools and attendance areas 7. determine the number and kind of schools to be established and maintained and the attendance area for each school, and close schools in accordance with policies established by the board from guidelines issued by the Minister;  R.S.O. 1990, c. E.2, s. 171 (1), par. 7. courses of study 8. provide instruction in courses of study that are prescribed or approved by the Minister, developed from curriculum guidelines issued by the Minister or approved by the board where the Minister permits the board to approve courses of study;  R.S.O. 1990, c. E.2, s. 171 (1), par. 8. instruction by electronic or other means 8.1 provide instruction in courses of study described in paragraph 8, by electronic or other means, to pupils who are not present in the classroom;  2006, c. 10, s. 12. computer programming 9. in lieu of purchasing a computer or system of computer programming, enter into an agreement for the use thereof by the board;  R.S.O. 1990, c. E.2, s. 171 (1), par. 9. playgrounds, parks, rinks 10. operate the school ground as a park or playground and rink during the school year or in vacation or both, and provide and maintain such equipment as it considers advisable, and provide such supervision as it considers proper, provided the proper conduct of the school is not interfered with;  R.S.O. 1990, c. E.2, s. 171 (1), par. 10. gymnasiums 11. organize and carry on gymnasium classes in school buildings for pupils or others during the school year or in vacation or both, and provide supervision and training for such classes, provided the proper conduct of the school is not interfered with;  R.S.O. 1990, c. E.2, s. 171 (1), par. 11. milk 12. purchase milk to be consumed by the pupils in the schools under the jurisdiction of the board during school days in accordance with the terms and conditions prescribed by the regulations;  R.S.O. 1990, c. E.2, s. 171 (1), par. 12. provision of supplies, etc. 13. provide school supplies, other than the textbooks that it is required to provide under paragraph 13 of subsection 170 (1), for the use of pupils;  R.S.O. 1990, c. E.2, s. 171 (1), par. 13. libraries 14. establish and maintain school libraries and resource centres;  R.S.O. 1990, c. E.2, s. 171 (1), par. 14. 15.  Repealed:  2010, c. 10, s. 8 (3). signatures mechanically reproduced 16. provide that the signature of the treasurer and of any other person authorized to sign cheques issued by the treasurer may be written or engraved, lithographed, printed or otherwise mechanically reproduced on cheques;  R.S.O. 1990, c. E.2, s. 171 (1), par. 16. membership fees and travelling expenses 17. pay the travelling expenses and membership fees of any member of the board, or of any teacher, designated early childhood educator or officer of the board, incurred in attending meetings of an educational association and may make grants and pay membership fees to any such organization;  R.S.O. 1990, c. E.2, s. 171 (1), par. 17; 2010, c. 10, s. 8 (4). legal costs 18. pay the costs, or any part thereof, incurred by any member of the board or by any teacher, designated early childhood educator, officer or other employee of the board in successfully defending any legal proceeding brought against him or her, i. for libel or slander in respect of any statements relating to the employment, suspension or dismissal of any person by the board published at a meeting of the board or of a committee thereof, or ii. for assault in respect of disciplinary action taken in the course of duty;  R.S.O. 1990, c. E.2, s. 171 (1), par. 18; 2010, c. 10, s. 8 (5). 19.-21.  Repealed:  1997, c. 31, s. 82 (2). 22.  Repealed:  1997, c. 31, s. 82 (3). pupil fees 23. subject to the provisions of this Act and the regulations, fix the fees to be paid by or on behalf of pupils;  2010, c. 10, s. 8 (6). pupil fees, payment and enforcement 23.1 subject to the provisions of this Act and the regulations, fix the times of payment of fees to be paid by or on behalf of pupils, enforce payment of those fees by action in the Small Claims Court, and exclude any pupil by or on behalf of whom fees that are legally required to be paid are not paid after reasonable notice;  2010, c. 10, s. 8 (6). permit use of school and school buses 24. permit the school buildings and premises and school buses owned by the board to be used for any educational or other lawful purpose;  R.S.O. 1990, c. E.2, s. 171 (1), par. 24. surgical treatment 25. provide for surgical treatment of children attending the school who suffer from minor physical defects, where in the opinion of the teacher and, where a school nurse and medical officer are employed, of the nurse and medical officer, the defect interferes with the proper education of the child, and include in the estimates for the current year the funds necessary for cases where the parents are not able to pay, provided that no such treatment shall be undertaken without consent that complies with the Health Care Consent Act, 1996;  R.S.O. 1990, c. E.2, s. 171 (1), par. 25; 1992, c. 32, s. 9; 1996, c. 2, s. 65; 2021, c. 4, Sched. 11, s. 7 (5). cadet corps 26. establish and maintain cadet corps;  R.S.O. 1990, c. E.2, s. 171 (1), par. 26. athletics 27. provide for the promotion and encouragement of athletics and for the holding of school games;  R.S.O. 1990, c. E.2, s. 171 (1), par. 27. activities 28. provide, during the school year or at other times, activities and programs on or off school premises, including field trips, and exercise jurisdiction over those persons participating therein;  R.S.O. 1990, c. E.2, s. 171 (1), par. 28. guidance 29. appoint one or more teachers qualified in guidance according to the regulations to collect and distribute information regarding available occupations and employments, and to offer such counsel to the pupils as will enable them to plan intelligently for their educational and vocational advancement;  R.S.O. 1990, c. E.2, s. 171 (1), par. 29. public lectures 30. conduct free lectures open to the public and include in the estimates for the current year the expenses thereof;  R.S.O. 1990, c. E.2, s. 171 (1), par. 30. continuing education 31. establish continuing education courses and classes;  R.S.O. 1990, c. E.2, s. 171 (1), par. 31. deposit for continuing education textbooks 31.1 require a pupil enrolled in a continuing education course or class that is eligible for credit towards a secondary school diploma to pay a nominal deposit for a textbook provided by the board that will be forfeited to the board in whole or in part if the textbook is not returned or is returned in a damaged condition;  1993, c. 11, s. 31 (3). courses for teachers and designated early childhood educators 32. establish and conduct during the school year courses for teachers and designated early childhood educators;  R.S.O. 1990, c. E.2, s. 171 (1), par. 32; 2010, c. 10, s. 8 (7). evening classes 33. establish evening classes;  R.S.O. 1990, c. E.2, s. 171 (1), par. 33. erect fences 34. erect and maintain any wall or fence considered necessary by the board for enclosure of the school premises;  R.S.O. 1990, c. E.2, s. 171 (1), par. 34. school fairs 35. contribute toward the support of school fairs;  R.S.O. 1990, c. E.2, s. 171 (1), par. 35. student activities 36. authorize such school activities as pertain to the welfare of the pupils and exercise jurisdiction in respect thereof;  R.S.O. 1990, c. E.2, s. 171 (1), par. 36. cafeteria 37. operate a cafeteria for the use of the staff and pupils;  R.S.O. 1990, c. E.2, s. 171 (1), par. 37. records management 38. institute a program of records management that will, subject to the regulations in respect of pupil records, i. provide for the archival retention by the board or the Archivist of Ontario of school registers, minute books of the board and its predecessors, documents pertaining to boundaries of school sections, separate school zones and secondary school districts, original assessment and taxation records in the possession of the board and other records considered by the board to have enduring value or to be of historical interest, and ii. establish, with the written approval of the auditor of the board, schedules for the retention, disposition and eventual destruction of records of the board and of the schools under its jurisdiction other than records retained for archival use;  R.S.O. 1990, c. E.2, s. 171 (1), par. 38. education of children in charitable organizations 39. employ and pay teachers, when so requested in writing by a charitable organization having the charge of children of school age, for the education of such children, whether such children are being educated in premises within or beyond the limits of the jurisdiction of the board, and pay for and furnish school supplies for their use;  R.S.O. 1990, c. E.2, s. 171 (1), par. 39. programs in detention homes, etc. 40. with the approval of the Minister, conduct an education program in a centre, facility, home, hospital or institution that is approved, designated, established, licensed or registered under any Act and in which the Ministry does not conduct an education program, or in a demonstration school for exceptional pupils;  R.S.O. 1990, c. E.2, s. 171 (1), par. 40. Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of paragraph 40 of subsection 171 (1) of the Act is amended (See: 2023, c. 11, Sched. 2, s. 16) maternity leave 41. provide for maternity leave for a teacher or designated early childhood educator, not exceeding two years for each pregnancy;  R.S.O. 1990, c. E.2, s. 171 (1), par. 41; 2010, c. 10, s. 8 (8). assumption of treatment centres, etc. 42. when requested by the board of a cerebral palsy treatment centre school, a crippled children’s treatment centre school, a hospital school or a sanatorium school, and with the approval of the Minister, by agreement, assume the assets and liabilities of such board and continue to operate such a school, and, upon the effective date of the agreement between the two boards, the board making the request is dissolved;  R.S.O. 1990, c. E.2, s. 171 (1), par. 42. 43.  Repealed:  1997, c. 31, s. 82 (4). agreement for provision and use of recreational facilities 44. with the approval of the Minister, enter into an agreement with a university, college of a university, or the board of governors of a polytechnical institute or of a college of applied arts and technology, in respect of the provision, maintenance and use of educational or recreational facilities on the property of either of the parties to the agreement;  R.S.O. 1990, c. E.2, s. 171 (1), par. 44. election recounts 45. pass a resolution referred to in subsection 57 (1) of the Municipal Elections Act, 1996;  1996, c. 32, s. 70 (4). insurance 46. provide for insurance against risks that may involve pecuniary loss or liability on the part of the board, and for paying premiums therefor;  R.S.O. 1990, c. E.2, s. 171 (1), par. 46. 47.  Repealed:  1997, c. 31, s. 82 (5). child care facilities 48. construct and renovate child care facilities in any school;  1991, c. 10, s. 5 (1). child care centres 49. establish, operate and maintain child care centres within the meaning of the Child Care and Early Years Act, 2014, subject to that Act.
2014, c. 11, Sched. 4, s. 3. 50.  Repealed:  1996, c. 13, s. 6 (2). Powers of boards re: days of work (2) A board may require teachers and designated early childhood educators to work during some or all of the five working days preceding the start of the school year.  1997, c. 31, s. 82 (6); 2010, c. 10, s. 8 (9). Same (3) A board may authorize the principal of a school to make determinations respecting the work to be done by teachers and designated early childhood educators of the school during the working days referred to in subsection (2) and the principal shall exercise that discretion subject to the authority of the appropriate supervisory officer.  1997, c. 31, s. 82 (6); 2010, c. 10, s. 8 (10). Same (4) For the purposes of subsections (2) and (3), a working day is a day other than Saturday or a holiday as defined in Part VI (Interpretation) of the Legislation Act, 2006.  2006, c. 21, Sched. F, s. 107 (1). Same (5) Work that may be required under subsections (2) and (3) includes but is not limited to participation in professional development activities.  1997, c. 31, s. 82 (6). Section Amendments with date in force (d/m/y) 1991, c. 10, s. 5 (1) - 27/06/1991; 1992, c. 32, s. 9 - 3/04/1995; 1993, c. 11, s. 31 (3) - 29/07/1993; 1996, c. 2, s. 65 - 29/03/1996; 1996, c. 13, s. 6 (1) - 01/07/1996; 1996, c. 13, s. 6 (2) - 27/06/1996; 1996, c. 32, s. 70 (4) - 19/12/1996; 1997, c. 31, s. 82 (1-6) - 01/01/1998 2001, c. 24, s. 3 - 15/03/2002 2006, c. 10, s. 12
- 01/06/2006; 2006, c. 21, Sched. F, s. 107 (1) - 25/07/2007 2010, c. 10, s. 8 (1-10)
- 03/06/2010 2014, c. 11, Sched. 4, s. 3 - 31/08/2015 2021, c. 4, Sched. 11, s. 7 (5) - 19/04/2021 2023, c. 11, Sched. 2, s. 16 - not in force