hordruma/ontario_laws_and_regs huggingface dataset:
PART III SCHOOL AUTHORITIES — PUBLIC
New district school areas
60 (1) Where a district school area is formed under clause 59 (2) (b), upon the effective date of such formation the existing public boards in the new district school area are dissolved, and, subject to subsection 59 (4), (a) the property vested in such boards is vested in the new district school area board; and (b) all debts, contracts, agreements and liabilities for which such boards were liable become obligations of the district school area board.  R.S.O. 1990, c. E.2, s. 60 (1); 1997, c. 31, s. 35. Alteration and formation: disposition of assets and liabilities (2) Where the boundaries of a district school area are altered or a new district school area is formed under clause 59 (2) (d), upon the effective date of such alteration or formation, and, subject to subsection 59 (4), (a) all real and personal property of the board situate in the part of the district school area that is detached is vested in the board of the district school area to which such part is attached, or in the board of the new district school area, as the case may be; and (b) all debts, contracts, agreements and liabilities of the board in respect of the part of the district school area that is detached become obligations of the board of the district school area to which such part is attached or of the board of the new district school area, as the case may be.  R.S.O. 1990, c. E.2, s. 60 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 35 - 01/01/1998
PART III SCHOOL AUTHORITIES — PUBLIC
Conduct of elections
63 (1) The election of the board of a district school area shall be conducted in the same manner as for the members of a district school board where a district school area comprises, (a) a municipality; (b) all or part of two or more municipalities; (c) territory without municipal organization and a municipality; (d) territory without municipal organization and all or part of two or more municipalities. 2016, c. 15, s. 73 (2). Same (2) Before July 1 in an election year, the board of a district school area may, by resolution approved at a meeting of the public school electors, determine that the board shall conduct the elections in the same manner as for the members of a district school board, except that the members shall be elected by general vote of the public school electors of the district school area.  1997, c. 31, s. 38. Same (3) The board shall give notice of the determination made under subsection (2) to the electors in the same manner as provided in subsection 62 (2).  1997, c. 31, s. 38; 2006, c. 10, s. 8. Same (4) For the purposes of an election under this section in territory without municipal organization, the secretary of the board shall be the returning officer in respect of the territory without municipal organization and shall perform all the duties that are required of a municipal clerk in relation to the election of members of a district school board.  1997, c. 31, s. 38. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 38 - 01/01/1998 2006, c. 10, s. 8
- 01/06/2006 2016, c. 15, s. 73 (2)
- 09/06/2016
PART III SCHOOL AUTHORITIES — PUBLIC
Elections
64 (1) Despite subsection 62 (3) and (8) and section 63, where a district school area is formed under clause 59 (2) (b), the Lieutenant Governor in Council may make regulations, (a) determining the number of members to be elected to the board of the district school area; (b) determining the areas each member referred to in clause (a) shall represent; (c) providing for the nomination of candidates to be elected; and (d) prescribing the manner in which the election of the members shall be conducted, and the election of the members shall be in accordance with such regulations.  R.S.O. 1990, c. E.2, s. 64 (1). Validity of election (2) No election under this section is invalid by reason of non-compliance with the provisions of the regulations made under subsection (1) or by reason of any mistake or irregularity if it appears that the election was conducted in accordance with the principles laid down in the regulations and that the non-compliance, mistake or irregularity did not affect the result of the election.  R.S.O. 1990, c. E.2, s. 64 (2). 65 Repealed:  1997, c. 31, s. 39. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 39 - 01/01/1998
PART III SCHOOL AUTHORITIES — PUBLIC
District school area board to be inactive
66 (1) Where the number of public school pupils of compulsory school age residing in a district school area is fewer than ten and the board has ceased to operate a school, the Minister may declare the district school area board inactive as of the 31st day of December in any year.  R.S.O. 1990, c. E.2, s. 66 (1). Accounts in inactive area (2) When a district school area board is declared to be inactive, the board shall liquidate its assets, settle its accounts and have them audited, and forward to the Ministry the audited statement of accounts, the auditor’s report and the balance of the funds for deposit in the Consolidated Revenue Fund.  R.S.O. 1990, c. E.2, s. 66 (2). Board dissolved (3) If the Minister is satisfied that the board has carried out its duties under subsection (2), the Minister shall dissolve the board and the district school area shall cease to exist as of the date that the district school area board was declared inactive under subsection (1).  R.S.O. 1990, c. E.2, s. 66 (3). Records to be forwarded to Ministry (4) The records of the dissolved board of the district school area shall be filed as the Minister may direct and, for the purposes of this Act, the pupils resident in such area shall be deemed not to reside in a school section.  R.S.O. 1990, c. E.2, s. 66 (4). Closing of school by Minister (5) Where in any district school area there are for two consecutive years fewer than eight persons between the ages of five and fourteen years residing therein, the Minister may direct that the public school of the area shall no longer remain open, and the school shall thereupon be closed until the Minister otherwise directs.  R.S.O. 1990, c. E.2, s. 66 (5). Secondary School Authorities
PART III SCHOOL AUTHORITIES — PUBLIC
Secondary school districts
67 (1) The Lieutenant Governor in Council may establish any area in the territorial districts that is not part of the area of jurisdiction of a public district school board as a secondary school district and may discontinue or decrease or increase the area of any such secondary school district and, if any such secondary school district is discontinued, or the area is decreased or increased, the assets and liabilities of the board shall be adjusted or disposed of as determined by the Ontario Land Tribunal.  R.S.O. 1990, c. E.2, s. 67 (1); 1997, c. 31, s. 41 (1); 2021, c. 4, Sched. 6, s. 43 (1). Same (2) Where a secondary school district is established under subsection (1), the Lieutenant Governor in Council may make regulations providing for, (a) the formation and composition of a secondary school board; (b) the dissolution of a secondary school board; (c) elections to a secondary school board, including but not limited to qualifications to vote in those elections; (d) disqualifications for the purposes of subsection 219 (4).  1997, c. 31, s. 41 (2). Same (3) A secondary school board established under this section is a corporation by the name designated by the Lieutenant Governor in Council.  1997, c. 31, s. 41 (2). (4) Repealed:  1997, c. 31, s. 41 (2). (5) Repealed:  1997, c. 31, s. 41 (2). (6) Repealed:  1997, c. 31, s. 41 (2). (7) Repealed:  1997, c. 31, s. 41 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 40, 41 (1, 2) - 01/01/1998 2021, c. 4, Sched. 6, s. 43 (1) - 01/06/2021 School Authorities on Tax Exempt Land Schools on exempt land
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Boundaries of zones
78 (1) Unless otherwise determined in accordance with regulations made under subsection 58.1 (2) or section 86.1, the boundaries of a separate school zone shall, in accordance with sections 80 and 84, be the boundaries of, (a) a municipality; (b) a geographic township; (c) a combination of municipalities; (d) a combination of geographic townships; or (e) a combination of the areas referred to in clauses (a) to (d).  R.S.O. 1990, c. E.2, s. 78 (1); 1997, c. 31, s. 45 (1). Zones not in municipalities or geographic townships (2) The boundaries of a separate school zone, in those parts of the territorial districts that are neither geographic townships nor municipalities, shall be the boundaries of a 9.6 kilometre square of land of which two sides are parallel to a line of latitude.  R.S.O. 1990, c. E.2, s. 78 (2). Zone description (3) If a separate school zone is a 9.6 kilometre square of land, the location of the zone shall be determined by the latitude and longitude of its northwest corner.  R.S.O. 1990, c. E.2, s. 78 (3). (4) Repealed:  1997, c. 31, s. 45 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 45 (1, 2) - 01/01/1998 79 Repealed:  1997, c. 31, s. 46. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 46 - 01/01/1998 Formation And Discontinuance of Zones
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Powers of board members
81 (1) The board members elected at a meeting convened under subsection 80 (1) have all the powers of a district school area board in territory without municipal organization and are in all other respects subject to the provisions of this Act that apply to boards of rural separate schools.  1997, c. 31, s. 48. Where school not united (2) Where in any year a separate school zone is established by not fewer than five members of five families under clause 80 (1) (c), the public meeting for the election of board members shall be held before June 1 in that year, and the only powers and duties of the board so formed are to proceed in the same year to implement the provisions of section 84, and if the separate school zone is not united with one or more separate school zones to form a combined separate school zone before August 1 in that year under section 84, the board is dissolved on that date.  1997, c. 31, s. 48. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 48 - 01/01/1998
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Right to vote in year of establishment of zone
82 A Roman Catholic who is a householder or freeholder, who is eighteen years of age and who desires to establish the area in which the Roman Catholic is resident as a separate school zone under section 80, is entitled, in the year in which the separate school zone is established, to vote on any matter that relates to the separate school.  R.S.O. 1990, c. E.2, s. 82.
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Legislative grants
83 On receipt by the Minister of the documents required under section 80 that a separate school zone has been established and where the Minister is satisfied that suitable accommodation has been provided for school purposes, the Minister may pay to the board for educational purposes the sums approved for the purpose by the Lieutenant Governor in Council.  1997, c. 31, s. 49. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 49 - 01/01/1998
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Formation of combined separate school zones
84 (1) A Roman Catholic school authority or five supporters of the Roman Catholic school authority may, before July 1 in any year, hold a meeting of the supporters of the school authority to consider the question of uniting the separate school zone with one or more other separate school zones, other than the zone of a separate district school board, to form a combined separate school zone and, where the majority of the supporters present at the meeting who vote on the question, vote in favour of the union each board shall give notice of the decision, before August 1 of the same year, to the Minister, the clerks of the municipalities affected, and the appropriate assessment commissioner, and the combined separate school zone formed under this section shall be deemed to be one zone for all Roman Catholic school purposes on December 1 of the same year, except that, for the purposes of the election of board members, it shall be deemed to be one zone on the day of nomination for board members of the combined separate school board.  1997, c. 31, s. 50 (1). (2) Repealed:  1997, c. 31, s. 50 (1). Dissolution of boards (3) When a combined separate school zone is formed, the board of each zone forming part of the union is dissolved, and all the real and personal property vested in such board is vested in the board of the combined separate school zone.  R.S.O. 1990, c. E.2, s. 84 (3); 1997, c. 31, s. 50 (2). Corporate name (4) The members of a combined separate school board are a corporation by the name of “The ............................ Combined Roman Catholic Separate School Board” or “Conseil unifié des écoles séparées catholiques de ..........................” or both (inserting the name selected by the board and approved by the Minister).  1997, c. 31, s. 50 (3). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 50 (1-3) - 01/01/1998
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Detaching school zone from combined school zone
85 (1) Where, in an area that is not part of the area of jurisdiction of a separate district school board, a petition to detach a separate school zone from a combined separate school zone is submitted in any year to the combined separate school board, the board shall provide for a vote on the question within 90 days of the receipt of the petition.  1997, c. 31, s. 51 (1). Same (1.1) A petition under subsection (1) must be from at least 10 members of 10 families, with each member being at least 18 years of age, a householder or freeholder and a supporter of a combined separate school.  1997, c. 31, s. 51 (1). Qualified voters detaching a separate school zone (2) The persons who are entitled to vote on the question are the supporters of the combined separate school who reside in the portion of the combined separate school zone that it is proposed to detach.  R.S.O. 1990, c. E.2, s. 85 (2); 1997, c. 31, s. 51 (2). When school zone detached (3) If, before July 1 in any year, a majority of the supporters who are entitled to vote on the question vote in favour of detaching the zone, it is detached on January 1 of the following year, except that, for the purposes of the election of board members, it shall be deemed to be detached on the day of nomination for board members, and the requisite number of board members of the separate school zone so detached shall be elected as provided under section 92 or 93, as the case may be.  1997, c. 31, s. 51 (3). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 51 (1-3) - 01/01/1998
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Regulation
86.1 If the board of a separate school zone in the territorial districts applies to the Minister to extend the boundaries of the separate school zone so as to include parcels of land on which a separate school zone cannot be established because of the operation of subsection 80 (1), the Lieutenant Governor in Council may by regulation extend the boundaries of the separate school zone.  1997, c. 31, s. 53. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 53 - 01/01/1998 Separate School Electors 87 Repealed:  1997, c. 31, s. 54. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 54 - 01/01/1998
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Residing outside municipality
88 Except as otherwise provided under this Act or the Municipal Elections Act, 1996, when a supporter of a separate school in a local municipality resides outside the municipality, he or she is entitled to vote in the ward or polling subdivision in which the separate school nearest to his or her residence is situate.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 Rural Separate Schools
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Rural separate school boards
89 (1) The board of a rural separate school shall consist of three members who, subject to subsection (3), shall be elected in each year in which a regular election is held under the Municipal Elections Act, 1996 and shall hold office until the date the next regular election is held under that Act and their successors are elected under this Act and the new board is organized.  1997, c. 31, s. 55. Same (2) The term of office of members of a rural separate school board shall commence on December 1 in the year of a regular election.  1997, c. 31, s. 55. Same (3) Where the first election of a newly established rural separate school board is held in a year in which no regular election is held under the Municipal Elections Act, 1996, the members so elected shall hold office until the date on which the next regular election is held under that Act and their successors are elected under this Act and the new board is organized.  1997, c. 31, s. 55. Organization and quorum (4) A majority of the board members is a quorum, and the board shall be organized by the election of a chair and by the appointment of a treasurer.  1997, c. 31, s. 55; 2009, c. 25, s. 13. Regularity (5) No act or proceeding is valid that is not adopted at a regular or special meeting of the board of which notice has been given as required under section 90 and at which at least two board members are present.  1997, c. 31, s. 55. Entitlement to vote (6) Subject to subsection (7), the following are entitled to vote at any election of members of a board of a rural separate school and on any school question at any meeting of the supporters of the board: 1. A person who is at least 18 years of age, a Canadian citizen and a supporter of the rural separate school and who either resides in the area of jurisdiction of the board or is the owner or tenant of residential property in the area of jurisdiction of the board. 2. A Roman Catholic spouse of a person mentioned in paragraph 1. 3. A person entitled to vote under section 54 for the board.  1997, c. 31, s. 55. Exception (7) Only a person described in paragraph 1 of subsection (6) is entitled to vote on a question involving the selection of a school site or an expenditure for a permanent improvement.  1997, c. 31, s. 55. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 55 - 01/01/1998 2009, c. 25, s. 13 - 15/12/2009
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Duties, rural boards
90 (1) It is the duty of every rural separate school board and it has power, time and place of meetings (a) to appoint the place of each annual school meeting of the supporters of the school, and the time and place of any special meeting for, (i) filling any vacancy in the board, (ii) the approval of a site selected by the board for a new school, (iii) the appointment of a school auditor, or (iv) any other school purpose, and to cause notices of the time and place and of the objects of such meetings to be posted in three or more public places of the neighbourhood in which the school is situate at least six days before the time of holding the meeting; annual report (b) to cause to be prepared and read at the annual school meeting a report for the year then ending, containing among other things a summary of the proceedings of the board during the year, together with a full and detailed account of the revenues and expenses of the school board during such year, and signed by the chair and by one or both of the school auditors.  R.S.O. 1990, c. E.2, s. 90 (1); 2009, c. 34, Sched. I, s. 1. Appointment of auditor by the Minister (2) Where a rural separate school board neglects or the supporters at an annual or special meeting neglect to appoint an auditor, or an auditor appointed refuses or is unable to act, the Minister, upon the request in writing of any five supporters of the school, may make the appointment.  R.S.O. 1990, c. E.2, s. 90 (2). Approval of new school site (3) No site for a new school shall be acquired by a rural separate school board without approval of the site by the majority of the supporters of the rural separate school who are present at an annual or a special meeting of the board.  R.S.O. 1990, c. E.2, s. 90 (3). Section Amendments with date in force (d/m/y) 2009, c. 34, Sched. I, s. 1 - 01/09/2010 91 Repealed:  1997, c. 31, s. 56. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 56 - 01/01/1998
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Where municipality may conduct election
93 (1) Despite section 92, if the rural separate school zone is a municipality or combination of municipalities, the board of the rural separate school may, by resolution passed before July 1 in the year of an election and approved at a meeting of the supporters of the rural separate school, determine that the election of members of the board shall be conducted by the municipality having the greatest population under the Municipal Elections Act, 1996 and the members of the board shall be elected by general vote of the persons entitled to vote in the election.  1997, c. 31, s. 58 (1). Same (2) Despite section 92, if any part of the area of a rural separate school zone is in a municipality in the year of a regular election, the election of members of the rural separate school board shall be conducted, with necessary modifications, in the same manner as for members of a district school board, except that the voter shall take the following oath or make the following affirmation in English or French: You swear (or affirm) that you are the person named (or intended to be named) in the list of voters now shown to you (showing the list to the voter); That you are eighteen years of age; That you have the right to vote at this election; That you have not voted before at this election; That you have not, directly or indirectly, received any reward or gift and do not expect to receive any for the vote which you tender at this election. So help you God. (delete this sentence in an affirmation). R.S.O. 1990, c. E.2, s. 93 (2); 1997, c. 31, s. 58 (2); 2002, c. 17, Sched. F, Table; 2016, c. 15, s. 73 (3). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 58 (1, 2) - 01/01/1998 2002, c. 17, Sched. F, Table -01/01/2003 2016, c. 15, s. 73 (3)
- 09/06/2016 Combined Separate School Zones
PART IV SCHOOL AUTHORITIES — ROMAN CATHOLIC
Secretary of board as returning officer
94 (1) If territory without municipal organization is part of a combined separate school zone and the election of members of the board for a part of the combined zone is conducted under the Municipal Elections Act, 1996, the secretary of the board shall be the returning officer and shall perform all the duties of a municipal clerk in the election for the territory without municipal organization.  1997, c. 31, s. 60. Reporting of vote (2) The secretary of the board shall report forthwith the vote recorded in the territory to the returning officer for the municipality having the greatest population in the electoral area, of which the territory without municipal organization forms part.  R.S.O. 1990, c. E.2, s. 94 (2). Reporting if no municipality (3) If there is no municipality in the electoral area, the secretary of the board shall report to the returning officer of the municipality that has the greatest population in the area of jurisdiction of the board and the returning officer shall prepare the final summary and announce the result of the vote.  R.S.O. 1990, c. E.2, s. 94 (3). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 59, 60 - 01/01/1998