PART IV.1 EXTENSION OF ROMAN CATHOLIC ELEMENTARY SCHOOLS
Rights relating to separate school extension
135 (1) In this section, “designated person” means a person designated or deemed to be designated under section 135 of this Act, as it read immediately before the Education Quality Improvement Act, 1997 received Royal Assent; (“personne désignée”) “transferred” means transferred under section 135 of this Act, as it read immediately before the Education Quality Improvement Act, 1997 received Royal Assent. (“muté”)  1997, c. 31, s. 66 (1). (2) Repealed:  1997, c. 31, s. 66 (2). (3) Repealed:  1997, c. 31, s. 66 (2). (4) Repealed:  1997, c. 31, s. 66 (2). (5) Repealed:  1995, c. 4, s. 2 (2). (6)-(23) Repealed:  1997, c. 31, s. 66 (3). Gratuity (24) On termination of employment with the board to which a designated person’s teaching contract, employment contract or employment relationship is transferred, the person is entitled to payment of an amount calculated in accordance with, (a) the collective agreement that applied on the last date the person was employed by the public board that designated the person, as though the person had been in the continuous employ of the public board, if a collective agreement applied in respect of the person on that date; or (b) the policy of the public board that designated the person as of the last date he or she was employed by the public board, as though the person had been in the continuous employ of the public board, if no collective agreement applied in respect of the person on that date.  R.S.O. 1990, c. E.2, s. 135 (24); 1997, c. 31, s. 66 (4). Idem (25) In lieu of the payment under subsection (24), the designated person is entitled to require payment of an amount calculated in accordance with, (a) the collective agreement that applies in respect of the person on the last date the person is employed before the termination of employment, if a collective agreement applies in respect of the person on that date; or (b) the policy of the board with which the person is employed as of the last date he or she is employed by that board, if no collective agreement applies in respect of the person on that date.  R.S.O. 1990, c. E.2, s. 135 (25). Idem (26) The amount of the payment under subsection (24) or (25) shall be shared by the public board that designated the person and the board or boards to which the person’s employment was transferred under this section in the ratio that the number of years of service of the person with each board bears to the total number of years of service of the person with such boards.  R.S.O. 1990, c. E.2, s. 135 (26). Idem (26.1) Despite subsection (26), the boards concerned may agree to share the amount of the payment under subsection (24) or (25) in any manner, including the payment of the entire amount by one of the boards.  1991, c. 10, s. 4 (1). (27) Repealed:  1997, c. 31, s. 66 (5). Employment, advancement and promotion (28) Section 5 of the Human Rights Code applies to designated persons employed by a Roman Catholic school board in respect of their employment, advancement and promotion by the Board, despite section 23 of the said Code.  R.S.O. 1990, c. E.2, s. 135 (28). (29) Repealed:  1997, c. 31, s. 66 (6). Deemed designated persons (30) This section applies with necessary modifications in respect of entitlements of teachers who were employed by a public board that has jurisdiction in an area that is also the area or part of the area of jurisdiction of a Roman Catholic school board and who subsequent to a report to the Minister by the Commission under subsection 136f (1) as enacted by the Statutes of Ontario, 1986, chapter 21, section 2, but before the 24th day of June, 1986 accepted employment with the Roman Catholic school board.  R.S.O. 1990, c. E.2, s. 135 (30). Interpretation (31) For the purposes of this section, the following rules apply: 1. “Public board” in subsections (24) and (30) has the same meaning as it did immediately before the Education Quality Improvement Act, 1997 received Royal Assent. 2. A reference in subsection (26) to the public board that designated a person shall be deemed to be a reference to the successor to the old board that designated the person. 3. A reference to the board or boards to which a person’s employment is transferred shall be deemed to be a reference to the successor or successors to the old board or old boards to which the person’s employment was transferred. 4. Except as otherwise provided by regulation, for the purposes of paragraph 2, the successor to an old board that designated a person, i. in the case of a person designated in relation to schools and classes operated under Part XII of this Act, as it read on December 31, 1997, is the French-language public district school board the area of jurisdiction of which includes all or the major part of the area of jurisdiction of the old board that designated the person, and ii. in the case of a designated person other than one described in subparagraph i, is the English-language public district school board the area of jurisdiction of which includes all or the major part of the area of jurisdiction of the old board that designated the person. 5. Except as otherwise provided by regulation, for the purposes of paragraph 3, the successor to an old board to which a person’s employment was transferred is, i. in the case of a person designated in relation to schools and classes operated under Part XII of this Act, as it read on December 31, 1997, is the French-language separate district school board the area of jurisdiction of which includes all or the major part of the area of jurisdiction of the old board to which the person’s employment was transferred, and ii. in the case of a designated person other than one described in subparagraph i, is the English-language separate district school board the area of jurisdiction of which includes all or the major part of the area of jurisdiction of the old board to which the person’s employment was transferred.  1997, c. 31, s. 66 (7). Regulations: exceptions re successor board determinations (32) The Lieutenant Governor in Council may make regulations providing for exceptions to paragraphs 4 and 5 of subsection (31).  1997, c. 31, s. 66 (7). Application of Interpretation Act (33) The fact that section 66 of the Education Quality Improvement Act, 1997 repeals some but not all parts of section 135 of the Education Act, as that section read immediately before the coming into force of section 66 of the Education Quality Improvement Act, 1997, shall not be construed as having any effect on the application of section 14 of the Interpretation Act to the repealed parts.  1997, c. 31, s. 66 (7). Section Amendments with date in force (d/m/y) 1991, c. 10, s. 4 (1) - 20/12/1990; 1995, c. 4, s. 2 (2) - 14/12/1995; 1997, c. 31, s. 65, 66 (1-7) - 01/01/1998