hordruma/ontario_laws_and_regs huggingface dataset:
PART IX FINANCE
Financial recovery plan
257.29.1 (1) The Minister may order a board to adopt by resolution a financial recovery plan and submit it to the Minister within the time the Minister specifies if, (a) the board’s financial statements for a fiscal year show that the board had an in-year deficit contrary to section 231 or a regulation made under section 231 or an accumulated deficit; or (b) the Minister has reasonable grounds to believe that the board’s financial statements for a fiscal year will show that the board had an in-year deficit contrary to section 231 or a regulation made under section 231 or an accumulated deficit.  2009, c. 34, Sched. I, s. 11; 2019, c. 7, Sched. 20, s. 4. Minister’s approval (2) The Minister may, with respect to a financial recovery plan submitted to him or her under subsection (1), (a) approve the plan, subject to such amendments as the Minister determines are necessary; (b) reject the plan and require the board to submit a new plan addressing such matters as the Minister specifies; or (c) reject the plan and do anything else he or she is authorized to do under Division D or Part VIII.  2009, c. 34, Sched. I, s. 11. Compliance with financial recovery plan (3) The board shall comply with the provisions of a financial recovery plan approved under subsection (2) until the board’s financial statements for a fiscal year show that in that year it had neither an accumulated deficit nor an in-year deficit.  2009, c. 34, Sched. I, s. 11. New financial recovery plans (4) Even after a financial recovery plan has been approved under subsection (2), the Minister may require the board to submit another such plan if, (a) the Minister determines that the board has not complied with the provisions of the financial recovery plan that was approved or with a regulation respecting financial recovery plans; or (b) the Minister is of the opinion that a new financial recovery plan is required due to circumstances arising since the financial recovery plan was approved.  2009, c. 34, Sched. I, s. 11. Regulations (5) The Minister may make regulations governing financial recovery plans, including regulations governing the duration of plans and setting out goals or targets that the board must meet while subject to a financial recovery plan.  2009, c. 34, Sched. I, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 34, Sched. I, s. 11 - 01/09/2010 2019, c. 7, Sched. 20, s. 4 (1, 2) - 29/05/2019 DIVISION D   SUPERVISION OF BOARDS’ FINANCIAL AFFAIRS
PART IX FINANCE
Minister’s powers on reviewing report: directions
257.31 (1) After reviewing the report made under subsection 257.30 (5), the Minister may give any directions to the board that he or she considers advisable to address the financial affairs of the board.  1997, c. 31, s. 113 (4). Vesting order Report recommendation (2) If the report recommends that control and charge over the administration of the affairs of the board should be vested in the Ministry, 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.  1997, c. 31, s. 113 (4). Board failure to comply with direction (3) 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.  1997, c. 31, s. 113 (4). Notice to board (4) The order shall be promptly transmitted to the secretary of the board.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998
PART IX FINANCE
Vesting order
257.32 (1) Where a board is subject to an order under subsection 257.31 (2) or (3), (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.  1997, c. 31, s. 113 (4). 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.  1997, c. 31, s. 113 (4). 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).  1997, c. 31, s. 113 (4). 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.  1997, c. 31, s. 113 (4). Effect of order (5) Subsection (2) does not apply in relation to a board that is subject to an order under subsection 257.31 (2) or (3) after the Minister makes an order under clause 257.34 (2) (b) or (i) with respect to the board.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998
PART IX FINANCE
Control exercisable by Minister
257.33 (1) Where the Lieutenant Governor in Council has made an order under subsection 257.31 (2) or (3) 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.  1997, c. 31, s. 113 (4). Same (2) Without limiting the generality of subsection (1), where the Lieutenant Governor in Council has made an order under subsection 257.31 (2) or (3) in respect of a board, 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 matters respecting, (a) the appointment and dismissal of the board’s officers and employees and their powers, duties, salaries and remuneration; (b) the board’s revenues and expenditures; (c) the board’s sinking funds, retirement funds and the funds prescribed under clause 247 (3) (e) and the money belonging to those funds; (d) the board’s accounting and audit systems and dealings with the board’s assets, liabilities, revenues and expenditures; (e) the yearly or other estimates of the board, financial statements of the board and other reports of the board required by the Minister as well as the form, preparation and completion of them, and the times when they shall be made; (f) the amounts to be provided for in the yearly or other estimates; (g) the borrowing of money for the current expenditures of the board until the current revenue has been received; (h) the imposition, charging and collection of all fees, charges and expenses; (i) the sale or other disposition of any of the board’s assets.  1997, c. 31, s. 113 (4); 2000, c. 11, s. 8. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2000, c. 11, s. 8 - 23/06/2000
PART IX FINANCE
Certain debenture and other debt not to form part of debt after order of Minister
257.35 After an order of the Minister has been made under section 257.34, no portion of the debenture debt of the board represented by debentures or debt incurred by any instrument prescribed under clause 247 (3) (f) ordered to be cancelled, retired or exchanged forms part of its debt within the meaning of a provision of this or any other Act limiting the board’s borrowing powers.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998
PART IX FINANCE
Variation or cancellation of subsisting agreements
257.36 Where a board is subject to an order under subsection 257.31 (2) or (3), the board may, with the approval of the Minister, enter into an agreement with any person with whom the board has previously entered into an agreement or obligation that, or some term or obligation of which, remains in whole or in part or in any manner to be carried out by the board, for the amendment or cancellation of the subsisting agreement or obligation.  1997, c. 31, s. 113 (4); 2000, c. 11, s. 9. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2000, c. 11, s. 9 - 23/06/2000
PART IX FINANCE
Minister to approve instrument issues
257.37 (1) Without the approval of the Minister first being obtained, a board that is subject to an order under subsection 257.31 (2) or (3) shall not, under this or any other Act, exercise or be required to exercise any of its powers if that exercise will or may require money to be provided by the issue of instruments prescribed under clause 247 (3) (f) of the board.  2009, c. 25, s. 37. Approval of instrument by-laws (2) Where a board is subject to an order under subsection 257.31 (2) or (3), the board may, with the approval of the Minister, pass by-laws providing for the issue of instruments prescribed under clause 247 (3) (f) or authorizing the sale of such instruments or the offering of such instruments as security, but no such by-law has any force and effect until approved by the Minister.  2009, c. 25, s. 37. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2000, c. 11, s. 10 (1, 2)
- 23/06/2000 2009, c. 25, s. 37
- 15/12/2009
PART IX FINANCE
Minister to have control over money and its application
257.38 (1) Where a board is subject to an order under subsection 257.31 (2) or (3), the Minister has full charge and control over all money belonging to the board and received by any person for or on its behalf and the money shall be deposited in one of the following institutions, to be designated by the board or, in the absence of designation by the board, by the Minister: 1. A bank listed in Schedule I or II to the Bank Act (Canada). 2.  Repealed:  2002, c. 8, Sched. I, s. 8. 3. A loan or trust corporation registered under the Loan and Trust Corporations Act. 4. A credit union as defined in the Credit Unions and Caisses Populaires Act, 2020.  1997, c. 31, s. 113 (4); 2000, c. 11, s. 11; 2002, c. 8, Sched. I, s. 8; 2020, c. 36, Sched. 7, s. 306. Same (2) When money is deposited as required by subsection (1), it shall only be applied for the purposes, in the manner and at the times that the Minister may approve.  1997, c. 31, s. 113 (4). Same (3) All cheques drawn and issued by the board shall be signed and countersigned by the persons and in the manner that the Minister may authorize.  1997, c. 31, s. 113 (4). Same (4) No money belonging to or revenues of the board may be applied by any person except with the approval of or otherwise than as directed by the Minister.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2000, c. 11, s. 11
- 23/06/2000 2002, c. 8, Sched. I, s. 8 - 5/01/2005 2020, c. 36, Sched. 7, s. 306 - 01/03/2022
PART IX FINANCE
Exercise of board jurisdiction subject to order
257.39 The powers and duties under this or any other Act of a board that is subject to an order under subsection 257.31 (2) or (3) shall only be exercised or performed in accordance with and subject to this Division and any order made or agreement entered into under it.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4)  - 01/01/1998
PART IX FINANCE
Exclusive jurisdiction
257.40 (1) Subject to subsections (3) and (4), the Minister has exclusive jurisdiction as to all matters arising under this Division or out of the exercise by the board or any person of any of the powers conferred by this Division, and that jurisdiction is not open to question or review in any proceeding or by any court.  1997, c. 31, s. 113 (4); 2000, c. 11, s. 12. Review of orders, etc. (2) The Minister may at any time review any order, direction or decision made by him or her under this Division and confirm, amend or revoke it.  1997, c. 31, s. 113 (4). Exclusive jurisdiction (3) The Lieutenant Governor in Council has exclusive jurisdiction as to the making of an order under subsection 257.31 (2) or (3), and that jurisdiction is not open to question or review in any proceeding or by any court.  1997, c. 31, s. 113 (4). 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 257.31 (2) or (3) and confirm, amend or revoke it.  1997, c. 31, s. 113 (4). Limitation (5) This section is subject to section 257.52.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2000, c. 11, s. 12 - 23/06/2000
PART IX FINANCE
Powers of Minister
257.41 The Minister may make any orders from time to time that he or she considers advisable to carry out the provisions of this Division or any agreement made under it and may make rules in respect of any thing done under this Division.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998
PART IX FINANCE
Forms of certificates, notices, etc.
257.42 Every certificate, notice or other form that is in substantial conformity with the form required for it under this Division is not open to objection on the ground that it is not in the form required by this Division.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998
PART IX FINANCE
Powers exercisable for and in name of board
257.43 Where a board has become subject to an order made under subsection 257.31 (2) or (3), all things done by or for the Minister under this Division 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.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998
PART IX FINANCE
Minister to have access to all records
257.44 Where a board is subject to an order under subsection 257.31 (2) or (3), 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.  1997, c. 31, s. 113 (4); 2000, c. 11, s. 13. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2000, c. 11, s. 13 - 23/06/2000
PART IX FINANCE
Powers to enforce orders
257.45 (1) Where a board fails to comply with any order, direction or decision of the Minister under this Division, 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.  1997, c. 31, s. 113 (4). (2) Repealed:  2006, c. 10, s. 34 (1). Personal liability of members of the board (3) If a board that is subject to an order made under subsection 257.31 (2) or (3) 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. 34 (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 Division and may exercise all the powers of the board for the purpose, under its name.  1997, c. 31, s. 113 (4); 2000, c. 11, s. 14 (2). 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 Division or with respect to any liability under subsection (3).  2000, c. 11, s. 14 (3); 2009, c. 34, Sched. I, s. 14. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2000, c. 11, s. 14 (1-3)
- 23/06/2000 2006, c. 10, s. 34 (1, 2)
- 01/06/2006 2009, c. 34, Sched. I, s. 14 - 15/12/2009
PART IX FINANCE
Injunction against exercise of board powers
257.46 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 Division.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998
PART IX FINANCE
Combining board offices
257.47 Where a board is subject to an order under subsection 257.31 (2) or (3), 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.  1997, c. 31, s. 113 (4); 2000, c. 11, s. 15. 1997, c. 31, s. 113 (4) - 01/01/1998 2000, c. 11, s. 15 - 23/06/2000
PART IX FINANCE
Expenses
257.48 (1) The Minister may direct payment of the fees or remuneration and expenses reasonably incurred by the Ministry under this Division that he or she may determine.  1997, c. 31, s. 113 (4). 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.  1997, c. 31, s. 113 (4). 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.  1997, c. 31, s. 113 (4). 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 Division 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.  1997, c. 31, s. 113 (4); 2000, c. 11, s. 16. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2000, c. 11, s. 16 - 23/06/2000
PART IX FINANCE
Conflict
257.49 The powers contained in this Division 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 Division, the provisions of this Division prevail.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4)  - 01/01/1998
PART IX FINANCE
Revocation of order
257.50 (1) The Lieutenant Governor in Council shall revoke an order made under subsection 257.31 (2) or (3) if the Lieutenant Governor in Council is of the opinion that the affairs of a board no longer need to be administered under this Division.  1997, c. 31, s. 113 (4). Same (2) The Lieutenant Governor in Council shall revoke an order made under subsection 257.31 (2) or (3) if the financial statements of a board for a fiscal year and the auditor’s report on the statements submitted to the Ministry under section 252 indicate that the board did not have an accumulated deficit for the fiscal year.  1997, c. 31, s. 113 (4); 2010, c. 26, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2010, c. 26, Sched. 5, s. 6 - 08/12/2010
PART IX FINANCE
Legislation Act, 2006, Part III
257.51 (1) Part III (Regulations) of the Legislation Act, 2006 does not apply to anything done under any provision of this Division or Division C.1.  1997, c. 31, s. 113 (4); 2006, c. 21, Sched. F, s. 136 (1); 2009, c. 34, Sched. I, s. 15 (1). Non-application of Statutory Powers Procedure Act (2) The Statutory Powers Procedure Act does not apply to anything done under this Division or Division C.1.  1997, c. 31, s. 113 (4); 2009, c. 34, Sched. I, s. 15 (2). Municipal Affairs Act, Parts II and III (3) Parts II and III of the Municipal Affairs Act do not apply in relation to boards.  1997, c. 31, s. 113 (4). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2009, c. 34, Sched. I, s. 15 (1, 2) - 01/09/2010
PART IX FINANCE
Denominational, linguistic and cultural issues
257.52 (1) Nothing in this Division or Division C.1 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; or (c) the linguistic or cultural aspects of a French-language district school board.  1997, c. 31, s. 113 (4); 2009, c. 34, Sched. I, s. 16 (1). Same (2) The powers under this Division and Division C.1 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; or (c) the linguistic or cultural aspects of a French-language district school board.  1997, c. 31, s. 113 (4); 2009, c. 34, Sched. I, s. 16 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (4) - 01/01/1998 2009, c. 34, Sched. I, s. 16 (1, 2) - 01/09/2010 DIVISION E   EDUCATION DEVELOPMENT CHARGES Definitions
PART IX FINANCE
Alternative project
257.53.1 (1) Before an education development charge by-law is passed under subsection 257.54 (1), a board may request and the Minister may approve, in accordance with subsection (2), an allocation of revenue raised by charges imposed by the by-law towards an alternative project. 2019, c. 9, Sched. 4, s. 3. Minister’s approval (2) A board may allocate revenue raised by charges imposed by an education development charge by-law towards an alternative project if, (a) the board provides the Minister with the plans related to the proposed allocation of revenue towards the alternative project and any other information requested by the Minister that relates to the project; and (b) the Minister, after considering any prescribed criteria, approves of the proposed allocation. 2019, c. 9, Sched. 4, s. 3. Changes to approved project (3) Before a board makes any changes to an alternative project or to a proposed allocation of revenue approved under subsection (2), the board shall provide to the Minister, within the prescribed time period, notice of the proposed changes and any updated plans and information referred to in clause (2) (a). 2019, c. 9, Sched. 4, s. 3. Same (4) If the Minister, after considering any prescribed criteria, notifies the board within the prescribed time period that the proposed changes referred to in subsection (3) shall not be made, the board shall not make the changes. 2019, c. 9, Sched. 4, s. 3. Same (5) If the Minister does not notify the board under subsection (4) that the proposed changes referred to in subsection (3) shall not be made, the board may make the changes. 2019, c. 9, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 4, s. 3 - 01/11/2019 Localized Education Development Agreements