hordruma/ontario_laws_and_regs huggingface dataset:
PART X.2 TEACHER PERFORMANCE APPRAISAL
Board decision
277.40.4 (1) A board that receives a recommendation to terminate a new teacher’s employment under section 277.40.3 shall determine, based on the competencies provided for under clauses 277.31 (1) (a) and 277.32 (1) (a), whether or not the teacher is performing satisfactorily in the position to which he or she was assigned immediately before any action of a director of education or supervisory officer under subsection 277.40.3 (12).  2006, c. 10, s. 46; 2009, c. 25, s. 45 (1). Same (2) The determination of the board shall be by majority vote of the members of the board present at a meeting of the board at which there is quorum, within 60 days of receiving the recommendation.  2006, c. 10, s. 46. Consequences of decision (3) Where the board determines that the teacher is not performing satisfactorily in the position to which he or she was assigned immediately before any action of a director of education or supervisory officer under subsection 277.40.3 (12), the board shall terminate the teacher’s employment with the board.  2006, c. 10, s. 46; 2009, c. 25, s. 45 (2). Same (4) Where the board does not make the determination described in subsection (3), the suspension or reassignment under subsection 277.40.3 (12) shall cease and, except where the teacher and the board agree otherwise, the teacher shall resume his or her former position.  2006, c. 10, s. 46; 2009, c. 25, s. 45 (3). Section Amendments with date in force (d/m/y) 2006, c. 10, s. 46
- 12/06/2006 2009, c. 25, s. 45 (1-3)
- 15/12/2009
PART X.2 TEACHER PERFORMANCE APPRAISAL
Notice to Ontario College of Teachers
277.40.5 (1) Where a board terminates a new teacher’s employment under section 277.40.4, the secretary of the board shall promptly file a complaint under section 26 of the Ontario College of Teachers Act, 1996 regarding the reasons for the termination.  2006, c. 10, s. 46. Same (2) Where a new teacher employed by a board resigns while he or she is on review status, the secretary of the board shall promptly file a complaint under section 26 of the Ontario College of Teachers Act, 1996 regarding the reasons for the teacher having been placed on review status.  2006, c. 10, s. 46. Same (3) For greater certainty, a complaint made by a secretary of a board under this section shall be deemed to be a complaint made by a member of the public under clause 26 (1) (a) of the Ontario College of Teachers Act, 1996.  2006, c. 10, s. 46. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 46
- 12/06/2006 Arbitration
PART X.2 TEACHER PERFORMANCE APPRAISAL
Arbitration under collective agreements
277.41 A collective agreement between a board and a designated bargaining agent for a teachers’ bargaining unit may provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.  2001, c. 24, s. 4; 2006, c. 10, s. 47. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2006, c. 10, s. 47
- 01/06/2006 Records of Performance Appraisals
PART X.2 TEACHER PERFORMANCE APPRAISAL
Board to receive copies of appraisals
277.42 Every person who conducts a performance appraisal of a teacher under this Part shall ensure that a copy of the performance appraisal document and copies of all documents relied on in conducting the performance appraisal are promptly given to the board.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002
PART X.2 TEACHER PERFORMANCE APPRAISAL
Information
277.45 (1) Every board shall make information about the performance appraisal system set out in this Part available to, (a) teachers employed by the board; (b) pupils who are enrolled in schools of the board and their parents; (c) the chair of the school council for each school governed by the board.  2001, c. 24, s. 4. Same (2) The Minister may issue guidelines relating to the requirements of subsection (1) and the boards shall comply with those guidelines.  2001, c. 24, s. 4. Same (3) Without limiting the generality of subsection (2), the guidelines may provide for, (a) the nature of the information to be provided in various circumstances and to various classes of persons specified in the guidelines; and (b) when and how the information is to be provided, both in transitional and ongoing circumstances.  2001, c. 24, s. 4. Legislation Act, 2006, Part III (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to an act of the Minister under this section.  2001, c. 24, s. 4; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 PART X.3   Designated Early Childhood Educators — INduction, Performance appraisal and Reporting Obligations Interpretation
PART X.3 DESIGNATED EARLY CHILDHOOD EDUCATORS — INDUCTION, PERFORMANCE APPRAISAL AND REPORTING OBLIGATIONS
Definitions
277.46 In this Part, “new designated early childhood educator” means, (a) a designated early childhood educator whose new period has not elapsed, or (b) any other designated early childhood educator who is prescribed as a new designated early childhood educator for the purposes of this Part; (“nouvel éducateur de la petite enfance désigné”) “new period”, in relation to a designated early childhood educator, means the 24-month period that follows the day on which the designated early childhood educator was first appointed to work as a designated early childhood educator. (“nouvelle période”)  2010, c. 10, s. 21. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 21
- 16/08/2010 Induction and Performance Appraisals
PART X.3 DESIGNATED EARLY CHILDHOOD EDUCATORS — INDUCTION, PERFORMANCE APPRAISAL AND REPORTING OBLIGATIONS
Induction programs
277.47 (1) Subject to the regulations, every board may establish and implement an induction program for its new designated early childhood educators.  2010, c. 10, s. 21. Same (2) If required by the regulations, every board shall, subject to the regulations, establish and implement an induction program for its new designated early childhood educators.  2010, c. 10, s. 21. Same (3) An induction program for new designated early childhood educators shall contain the following elements: 1. An orientation for new designated early childhood educators. 2. Mentoring for new designated early childhood educators. 3. Professional development and training appropriate for new designated early childhood educators. 4. Such other elements as are prescribed.  2010, c. 10, s. 21. Same (4) A board shall not require a person employed by the board as a teacher to mentor a new designated early childhood educator.  2010, c. 10, s. 21. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 21
- 16/08/2010
PART X.3 DESIGNATED EARLY CHILDHOOD EDUCATORS — INDUCTION, PERFORMANCE APPRAISAL AND REPORTING OBLIGATIONS
Performance appraisals
277.48 (1) Subject to the regulations, every board may establish and implement a program for conducting performance appraisals of its designated early childhood educators.  2010, c. 10, s. 21. Same (2) If required by the regulations, every board shall, subject to the regulations, establish and implement a program for conducting performance appraisals of its designated early childhood educators.  2010, c. 10, s. 21. Same (3) A board shall not require a person employed by the board as a teacher to conduct or participate in performance appraisals of designated early childhood educators.  2010, c. 10, s. 21. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 21
- 16/08/2010
PART XI DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Qualifications of supervisory officers
278 Every supervisory officer appointed under this Part shall hold the qualifications required by the regulations for a supervisory officer.  R.S.O. 1990, c. E.2, s. 278. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 5, s. 5 - 21/07/2020
PART XI DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Qualifications of director of education
279 (1) If qualifications for a director of education are required by the regulations, a board shall not appoint or employ a person as a director of education unless the person holds those qualifications. 2020, c. 18, Sched. 5, s. 6. Regulations (2) The Minister may make regulations prescribing the qualifications for directors of education. 2020, c. 18, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 123 - 01/01/1998 2020, c. 18, Sched. 5, s. 6 - 21/07/2020
PART XI DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Director of education and supervisory officers: district school boards
280 Every district school board shall, subject to the regulations, employ a director of education and such supervisory officers as it considers necessary to supervise all aspects of the programs under its jurisdiction. 2020, c. 18, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 123 - 01/01/1998 2009, c. 25, s. 46
- 15/12/2009 2020, c. 18, Sched. 5, s. 6 - 21/07/2020
PART XI DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Appointment of director of education: school authorities
281 (1) Two or more public school authorities may, with the approval of the Minister, agree to appoint a director of education to supervise all aspects of the programs under their jurisdictions. 2020, c. 18, Sched. 5, s. 6. Same (2) Two or more Roman Catholic school authorities may, with the approval of the Minister, agree to appoint a director of education to supervise all aspects of the programs under their jurisdictions. 2020, c. 18, Sched. 5, s. 6. Abolition of position (3) A school authority that appoints a director of education with the approval of the Minister shall not abolish the position of director of education without the approval of the Minister. 2020, c. 18, Sched. 5, s. 6. If no director of education (4) If a school authority does not appoint a director of education, then a supervisory officer shall act as the director of education and perform all the duties of the director of education. 2020, c. 18, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 123 - 01/01/1998 2020, c. 18, Sched. 5, s. 6 - 21/07/2020 282 Repealed:  1997, c. 31, s. 123. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 123 - 01/01/1998
PART XI DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Chief executive officer
283 (1) Repealed: 2020, c. 18, Sched. 5, s. 7. Same (1.1) A director of education is the chief education officer and the chief executive officer of the board by which he or she is employed.  1997, c. 31, s. 124. Idem (2) The chief executive officer of a board shall, within policies established by the board, develop and maintain an effective organization and the programs required to implement such policies.  R.S.O. 1990, c. E.2, s. 283 (2). General report of chief executive officer (3) At the first meeting referred to in subsection 208 (2) or (3) and, in each following year, at the first meeting on or after the anniversary of the date the term of office of the board began, the chief executive officer of a board shall submit to the board a report in a format approved by the Minister on the action he or she has taken during the preceding 12 months under subsection (2) of this section and a copy of such report shall be submitted to the Minister on or before the 31st day of January next following. 2021, c. 34, Sched. 8, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 124 - 01/01/1998 2020, c. 18, Sched. 5, s. 7 - 21/07/2020 2021, c. 34, Sched. 8, s. 3 - 01/01/2022
PART XI DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Additional duties of director of education
283.1 (1) In addition to his or her other duties under this Act, the director of education shall, (a) annually review with the board the multi-year plan developed under clause 169.1 (1) (f); (b) ensure that the multi-year plan developed under clause 169.1 (1) (f) establishes the board’s priorities and identifies specific measures and resources that will be applied in achieving those priorities and in carrying out its duties under this Act, in particular, its responsibility for student achievement as set out in section 169.1; (c) implement and monitor the implementation of the multi-year plan developed under clause 169.1 (1) (f); (d) report periodically to the board on the implementation of the multi-year plan developed under clause 169.1 (1) (f); (e) act as secretary to the board; (f) immediately upon discovery bring to the attention of the board any act or omission by the board that in the opinion of the director of education may result in or has resulted in a contravention of this Act or any policy, guideline or regulation made under this Act; and (g) if a board does not respond in a satisfactory manner to an act or omission brought to its attention under clause (f), advise the Deputy Minister of the Ministry of the act or omission.  2009, c. 25, s. 47. Exception, secretary of small boards (2) Despite clause (1) (e), a board of not more than five elected members may appoint a member of the board to act as secretary to the board.  2009, c. 25, s. 47. References to secretary (3) A reference in this Act or any other Act, or in the regulations made under this or any other Act, to the secretary of a board is deemed to be a reference to the director of education of the board.  2009, c. 25, s. 47. Same (4) Subsection (3) does not apply to the references to secretary in clause (1) (e) and subsection (2), or to the reference to secretary in the definition of “employee” in section 57 of the Ottawa-Carleton French-Language School Board Transferred Employees Act.  2009, c. 25, s. 47. Section Amendments with date in force (d/m/y) 2009, c. 25, s. 47
- 15/12/2009
PART XI DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Supervisory officers: school authorities
284 (1) Subject to subsection (2), every school authority shall appoint one or more English-speaking supervisory officers for schools and classes where English is the language of instruction and one or more French-speaking supervisory officers for schools and classes where French is the language of instruction.  1997, c. 31, s. 125. Agreements (2) Subsection (1) does not apply where a school authority has entered into an agreement under subsection (3) or (4).  1997, c. 31, s. 125. Same (3) With the approval of the Minister, a school authority may enter into an agreement with another board to obtain the services of an English-speaking or French-speaking supervisory officer appointed by the other board.  1997, c. 31, s. 125. Same (4) A school authority may enter into an agreement with the Minister to obtain the services of an English-speaking or French-speaking supervisory officer appointed by the Minister.  1997, c. 31, s. 125. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 125 - 01/01/1998 284.1 Repealed:  1997, c. 31, s. 125. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 125 - 01/01/1998
PART XI DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Responsibility of supervisory officer
285 (1) A board with a supervisory officer, (a) shall, subject to the regulations, designate the title and area of responsibility of the supervisory officer; and (b) may assign to the supervisory officer such administrative duties, in addition to those prescribed in section 286 and the regulations, as the board considers expedient.  1993, c. 11, s. 40. (2) Repealed: 2021, c. 34, Sched. 8, s. 4. Section Amendments with date in force (d/m/y) 1993, c. 11, s. 40 - 01/09/1993 2021, c. 34, Sched. 8, s. 4 - 02/12/2021
PART XI DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Suspension or dismissal of supervisory officer by board
287 (1) A supervisory officer appointed by a board may be suspended or dismissed by the board, in accordance with the regulations, for neglect of duty, misconduct or inefficiency.  R.S.O. 1990, c. E.2, s. 287 (1). Notice re suspension or dismissal (2) Where a board suspends or dismisses a supervisory officer, the board shall forthwith notify in writing the supervisory officer and the Minister of the suspension or dismissal and the reasons therefor.  R.S.O. 1990, c. E.2, s. 287 (2).
PART XI DIRECTORS OF EDUCATION AND SUPERVISORY OFFICERS
Principals, vice-principals
287.1 (1) A principal or a vice-principal may perform the duties of a teacher despite any provision in a collective agreement.  1997, c. 31, s. 127. Regulations (2) The Lieutenant Governor in Council may make regulations governing terms and conditions of employment for principals and for vice-principals.  1997, c. 31, s. 127. Same (3) A regulation may establish different requirements for different classes of principal or vice-principal.  1997, c. 31, s. 127. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 127 - 01/01/1998 PART XI.1   Performance Appraisal of Principals, Vice-Principals and supervisory officers
PART XI.1 PERFORMANCE APPRAISAL OF PRINCIPALS, VICE-PRINCIPALS AND SUPERVISORY OFFICERS
Purpose of Part
287.2 The purpose of this Part is, (a) to ensure that pupils receive the benefit of an education system staffed by supervisory officers, principals and vice-principals who are performing their duties satisfactorily; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 287.2 (a) of the Act is amended by adding “directors of education” before “supervisory officers”. (See: 2023, c. 11, Sched. 2, s. 28) (b) to provide for fair, effective and consistent evaluation of supervisory officers, principals and vice-principals, in every school; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 287.2 (b) of the Act is amended by adding “directors of education” before “supervisory officers”. (See: 2023, c. 11, Sched. 2, s. 28) (c) to promote professional growth.  2001, c. 24, s. 5. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 5
- 30/04/2010 2023, c. 11, Sched. 2, s. 28 - not in force
PART XI.1 PERFORMANCE APPRAISAL OF PRINCIPALS, VICE-PRINCIPALS AND SUPERVISORY OFFICERS
Interpretation
287.3 (1) In this Part, “parent” includes a person who has lawful custody of a child.  2001, c. 24, s. 5. References to supervisory officers (2) A reference in this Part to a supervisory officer is a reference to a supervisory officer who qualified as such as a teacher.  2001, c. 24, s. 5. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 5
- 30/04/2010
PART XI.1 PERFORMANCE APPRAISAL OF PRINCIPALS, VICE-PRINCIPALS AND SUPERVISORY OFFICERS
Minister’s guidelines
287.6 (1) The Minister may issue guidelines describing knowledge and practices that a person conducting a performance appraisal under this Part shall look for in order to assist in evaluating the competencies of and in determining the rating to be given to the supervisory officer, principal or vice-principal, as the case may be.  2001, c. 24, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 287.6 (1) of the Act is amended by adding “director of education” before “supervisory officer”. (See: 2023, c. 11, Sched. 2, s. 31) Same (2) While a person conducting a performance appraisal shall comply with the guidelines, the guidelines shall not be taken as a comprehensive statement of what the person shall or may look for or take into account when conducting a performance appraisal.  2001, c. 24, s. 5. Same (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to a guideline of the Minister under this section.  2001, c. 24, s. 5; 2006, c. 21, Sched. F, s. 107 (2). Section Amendments with date in force (d/m/y) 2001, c. 24, s. 5
- 30/04/2010 2006, c. 21, Sched. F, s. 107 (2) - 30/04/2010 2023, c. 11, Sched. 2, s. 31 - not in force
PART XI.1 PERFORMANCE APPRAISAL OF PRINCIPALS, VICE-PRINCIPALS AND SUPERVISORY OFFICERS
Interpretation of Part
287.7 (1) Nothing in this Part, or any regulation, guideline, policy or rule under it, shall be interpreted to limit rights otherwise available relating to discipline of any supervisory officer, principal or vice-principal, including but not limited to rights relating to reassignment of duties, suspension or termination of employment, whether or not a performance appraisal process relating to the supervisory officer, principal or vice-principal is being conducted under this Part.  2001, c. 24, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, section 287.7 of the Act is amended by adding “director of education” before “supervisory officer” wherever it appears. (See: 2023, c. 11, Sched. 2, s. 32) Transition (2) Nothing in this Part, or any regulation, guideline, policy or rule under it, shall be interpreted to limit a board’s ability to complete a performance appraisal of a supervisory officer, principal or vice-principal begun before this Part begins to apply to that board and that supervisory officer, principal or vice-principal, or to follow any process or take any action relating to that performance appraisal that the board might have followed or taken but for this Part.  2001, c. 24, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, section 287.7 of the Act is amended by adding “director of education” before “supervisory officer” wherever it appears. (See: 2023, c. 11, Sched. 2, s. 32) Section Amendments with date in force (d/m/y) 2001, c. 24, s. 5
- 30/04/2010 2023, c. 11, Sched. 2, s. 32 - not in force PART XII 
LANGUAGE OF INSTRUCTION Provisions Relating to District School Boards
PART XII LANGUAGE OF INSTRUCTION
Centre Jules-Léger Consortium
289.1 The Centre Jules-Léger Consortium shall only operate classes, groups of classes and schools that are French-language instructional units. 2017, c. 34, Sched. 12, s. 8. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 12, s. 8 - 14/12/2017 Provisions Relating to School Authorities