PART II.2 DISTRICT SCHOOL BOARDS
Regulations: district school boards
58.1 (1) In this section, “English-language instruction” means instruction in the English language or in American Sign Language and includes instruction provided under a program of the type described in paragraph 25 of subsection 8 (1); (“enseignement en anglais”) “French-language instruction” means instruction in the French language or in Quebec Sign Language but does not include instruction provided under a program of the type described in paragraph 25 of subsection 8 (1); (“enseignement en français”) “school” does not include a school under the jurisdiction of a school authority or an educational institution operated by the Government of Ontario. (“école”)  1997, c. 31, s. 32. Same (2) The Lieutenant Governor in Council may make regulations providing for, (a) the establishment of, (i) English-language public district school boards, to govern the provision of elementary and secondary English-language instruction in schools other than Roman Catholic separate schools, (ii) English-language separate district school boards, to govern the provision of elementary and secondary English-language instruction in Roman Catholic separate schools, (iii) French-language public district school boards, to govern the provision of elementary and secondary French-language instruction in schools other than Roman Catholic separate schools, and (iv) French-language separate district school boards, to govern the provision of elementary and secondary French-language instruction in Roman Catholic separate schools; (b) the establishment of the areas of jurisdiction of district school boards; (c) the assignment of names to district school boards; (d) the alteration of the area of jurisdiction of a district school board; (e) the dissolution of a district school board; (f) the dissolution of a school authority the area of jurisdiction of which is to be included in the area of jurisdiction of a district school board; (g), (h)  Repealed:  2009, c. 25, s. 8 (1). (i) the amalgamation or merger of one or more school authorities with a district school board to continue as a district school board; (j) the amalgamation or merger of two or more district school boards to continue as a district school board; (k) representation on and elections to district school boards, including but not limited to regulations providing for, (i) the determination of the number of members of each district school board, (ii) the establishment, for electoral purposes, of geographic areas within the areas of jurisdiction of district school boards, (iii) the distribution of the members of a district school board to the geographic areas referred to in subclause (ii), (iv) appeals to any person or body relating to anything done under a regulation made under subclause (i), (ii) or (iii), (v) nomination procedures for the election of members of district school boards, (vi) the duties to be performed by municipal clerks, officials of district school boards and others in respect of any matter relating to representation on or elections to district school boards, (vii)  Repealed:  2009, c. 25, s. 8 (3). (viii) the date in a regular election year before which a resolution under subsection (10.1) may be passed; (l) the holding in trust, transfer and vesting of assets, including but not limited to real and personal property, the transfer of liabilities and the transfer of employees among district school boards or school authorities or both, in connection with, (i) the establishment, continuation or dissolution of a district school board, (ii) the dissolution of a school authority the area of jurisdiction of which is to be included in the area of jurisdiction of a district school board, or (iii) the merger or amalgamation of a school authority the area of jurisdiction of which is to be included in the area of jurisdiction of a district school board with the district school board; (m) the deeming, for any purpose, including but not limited to purposes related to elections and taxation, of any territory without municipal organization that is within the area of jurisdiction of a district school board, (i) to be a district municipality, unless and until the territory becomes or is included in a municipality, or (ii) to be attached to a municipality, unless and until the territory becomes or is included in a municipality; (n) the recovery of some or all of the costs incurred by a district school board in meeting any requirements under this section relating to elections in territory without municipal organization or elections to a school authority; (o) the conduct of elections to a school authority the area of jurisdiction of which is entirely or partly the same as the area of jurisdiction of a district school board; (p), (q)  Repealed:  2009, c. 25, s. 8 (4). (r) such other matters, including transitional matters, that the Lieutenant Governor in Council considers necessary or advisable in connection with the establishment, merger, amalgamation, continuation or dissolution of one or more boards under this section, or with the alteration of the area of jurisdiction of a board under this section, including but not limited to transitional matters relating to, (i) representation, by election or appointment, on a board pending the next regular elections, (ii) the rights of pupils to continue to attend schools that they were enrolled in and entitled to attend immediately before the establishment, merger, amalgamation, continuation, dissolution or alteration.  1997, c. 31, s. 32; 2002, c. 18, Sched. G, s. 6 (1); 2009, c. 25, s. 8 (1-4). Provisions in regulations: effect for electoral purposes (3) A regulation made under subsection (2) may provide that it shall be deemed to have come into force and taken effect on the day of filing or at such earlier or later time as is stated in the regulation, for any purpose related to representation on or elections to a district school board or school authority.  1997, c. 31, s. 32. Same (4) Subsection (3) applies only to the extent necessary to permit the next regular election after the regulation is made, or any by-election preceding that next regular election, to be held in a way that takes account of the provisions of the regulation.  1997, c. 31, s. 32. Regulations: school outside jurisdiction of a board to be school of the board (5) The Lieutenant Governor in Council may make regulations providing that a school described in subsection (6) that is outside the area of jurisdiction of a district school board is a school of the district school board.  1997, c. 31, s. 32. Same (6) Subsection (5) applies only to schools to which section 101 of this Act, as it read on December 31, 1997, applied.  1997, c. 31, s. 32. Purpose of clauses (2) (d), (e) (7) The purpose of clauses (2) (d) and (e) is to provide authority to the Lieutenant Governor in Council to make changes in the jurisdiction of boards on a case by case basis.  1997, c. 31, s. 32. Limitation re clauses (2) (d), (e) (8) A regulation shall not be made under clause (2) (d) or (e) if an area that, immediately before the regulation takes effect, was within the area of jurisdiction of a board would, immediately after the regulation takes effect, not be within the area of jurisdiction of a board.  1997, c. 31, s. 32. Subdelegation (9) In a regulation under subclauses (2) (k) (i) to (iii), the Lieutenant Governor in Council may delegate to a person or body the authority to provide for anything relating to the matters mentioned in subclauses (2) (k) (i) to (iii), subject to such conditions and restrictions as are specified in the regulation.  1997, c. 31, s. 32. Number of members on a district school board (10) A regulation under subclause (2) (k) (i) shall not provide for more than 22 or fewer than five members on any district school board.  1997, c. 31, s. 32. Same (10.0.1) Subject to subsections (10.0.2) to (10.1) and to the regulations, the number of members of a district school board, not including members appointed under subsection 188 (5), shall be the number of members determined for the board for the purposes of the regular election in 2006.  2009, c. 25, s. 8 (5). Same (10.0.2) A district school board whose area of jurisdiction was increased in 2009 may by resolution request the Minister to increase its number of members.  2009, c. 25, s. 8 (5). Same (10.0.3) In response to a request by a district school board under subsection (10.0.2), the Minister may by order increase the number of members of the board if, in the Minister’s opinion, the increase is justified by, (a) a demographic change in the board’s geographical area of jurisdiction; (b) the change in the size of the board’s geographical area of jurisdiction; or (c) any other circumstances that the Minister considers relevant.  2009, c. 25, s. 8 (5). Same (10.0.4) A request under subsection (10.0.2) shall not be made after March 15, 2010.  2009, c. 25, s. 8 (5). Same (10.0.5) A Minister’s order under subsection (10.0.3) shall not be made after April 15, 2010.  2009, c. 25, s. 8 (5). Same (10.0.6) An increase under subsection (10.0.3) may be smaller than that requested by the board under subsection (10.0.2).  2009, c. 25, s. 8 (5). Same (10.1) Subject to subsections (10.2) and (10.3), a district school board may by resolution reduce the number of members to be elected at the next regular election.  2002, c. 18, Sched. G, s. 6 (2); 2009, c. 25, s. 8 (6). Same (10.2) The resolution shall be passed before the prescribed date in the year of the regular election.  2002, c. 18, Sched. G, s. 6 (2). Same (10.3) The resolution shall not provide for fewer than five members.  2002, c. 18, Sched. G, s. 6 (2). Same (11) The numbers referred to in subsections (10) to (10.3) do not include any person elected or appointed to a district school board under section 188.  2002, c. 18, Sched. G, s. 6 (3). Geographic areas (12) A geographic area established under subclause (2) (k) (ii) for a district school board may, (a) be the same as or less than the entire area of jurisdiction of the district school board; (b) include areas within the area of jurisdiction of the district school board that do not adjoin one another; and (c) consist of, (i) all or part of one or more municipalities, or (ii) territory without municipal organization, or both.  1997, c. 31, s. 32. Same (13) A person who establishes a geographic area under a regulation made under subclause (2) (k) (ii) shall have regard to any relevant submissions made by any person.  1997, c. 31, s. 32. (13.1) Repealed:  2009, c. 33, Sched. 2, s. 25 (1). Purpose of clause (2) (l) (14) The purpose of clause (2) (l) is to provide authority to the Lieutenant Governor in Council to resolve questions relating to assets, liabilities and employees that arise in connection with any changes in the jurisdiction of boards that may be made on a case by case basis.  1997, c. 31, s. 32. Limitation (15) The Lieutenant Governor in Council has no authority under clause (2) (l) to transfer employees of a public board to a Roman Catholic board or to transfer employees of a Roman Catholic board to a public board.  1997, c. 31, s. 32. Exception (16) The limitation provided in subsection (15) does not apply in relation to the transfer of an employee between two boards if, (a) both boards agree that the limitation should not apply in respect of the transfer; and (b) the Minister approves the agreement referred to in clause (a).  1997, c. 31, s. 32. Transfers among district school boards and school authorities (17) Without limiting the generality of clause (2) (l), a regulation under that clause may provide for, (a) processes to permit participation by classes of persons or bodies specified in the regulation in decision-making processes related to anything done under clause (2) (l); (b) processes for the resolution of disputes among classes of persons or bodies specified in the regulation; (c) the continuation of legal and other proceedings commenced by or against a district school board or school authority affected by anything done under clause (2) (l) and the enforcement of court orders and other orders or determinations relating to such a district school board or school authority; (d) deadlines for complying with any provision of the regulation; and (e) any other matter that the Lieutenant Governor in Council considers advisable in order to achieve an efficient and fair transfer of assets, liabilities and employees among the affected district school boards and school authorities.  1997, c. 31, s. 32. Dispute (18) Without limiting the generality of clause (17) (b), a regulation providing for a matter referred to in that clause may provide for disputes as to the disposition of property to be referred to an arbitrator selected by the Minister.  1997, c. 31, s. 32. Same (19) Where a dispute is referred to an arbitrator as described in subsection (18), the arbitrator shall determine the matters in dispute and the decision of the arbitrator is final.  1997, c. 31, s. 32. Clause (17) (c) (20) Without limiting the generality of clause (17) (c), a regulation providing for a matter referred to in that clause, (a) may substitute or add persons as parties to a proceeding continued under the clause; and (b) may substitute or add persons against which or by which an order or determination referred to in the clause may be enforced.  1997, c. 31, s. 32. Employees (21) The following rules apply where an employee is transferred under a regulation made under clause (2) (l): 1. A person who is an employee of a board on the day the regulation transferring the employee to another board is made and who would, but for that regulation, still be an employee of the transferor board on the day the regulation is to take effect is an employee of the transferee board referred to in the regulation on the day the regulation is to take effect. 2. A person’s employment shall be deemed not to have been terminated for any purpose by anything done under this Part.  1997, c. 31, s. 32. Tax exemption (22) Taxes are not payable under the Land Transfer Tax Act or the Retail Sales Tax Act with respect to a holding in trust, transfer or vesting under clause (2) (l).  1997, c. 31, s. 32. Transfer not a closing (23) A transfer of a school under clause (2) (l) is not a closing of the school.  1997, c. 31, s. 32. No compensation (24) Except as provided in the regulations made under clause (2) (l), no compensation or damages are payable in connection with anything done under clause (2) (l).  1997, c. 31, s. 32. Powers of board if regulation made under subclause (2) (m) (i) (25) Where a board includes within its area of jurisdiction territory without municipal organization that is deemed under clause (2) (m) to be a district municipality for the purposes of elections, the officers appointed by the board have all the same powers and duties with respect to elections of members of the board in that territory as similar officers have in a municipality with respect to similar elections.  1997, c. 31, s. 32. Powers of municipality if regulation made under subclause (2) (m) (ii) (26) Where a board includes within its area of jurisdiction territory without municipal organization that is deemed under clause (2) (m) to be attached to a municipality for the purposes of elections, the officers of the municipality have all the same powers and duties with respect to elections of members of the board in that territory as with respect to such elections in any part of the area of jurisdiction of the board that is within the municipality.  1997, c. 31, s. 32. Deemed district municipality (27) In addition to any area prescribed under subclause (2) (m) (i), an area that satisfies the following conditions shall be deemed to be a district municipality for the purposes of clause 257.12 (3) (a) from January 1, 1998 until it becomes or is included in a municipality or is deemed to be a district municipality by a regulation made under clause (2) (m): 1. The area is without municipal organization. 2. As of December 31, 1997, the area was deemed to be a district municipality under subsection 54 (2), as it read on that day. 3. The area is under the jurisdiction of a district school board.  2002, c. 18, Sched. G, s. 6 (5). Deemed separate district municipalities (28) Despite subsection (27), the part, if any, of an area described in subsection (27) that is in a separate school zone shall be deemed to be a discrete district municipality.  2002, c. 18, Sched. G, s. 6 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 32 - 01/01/1998 2002, c. 18, Sched. G, s. 6 (1-4) - 26/11/2002; 2002, c. 18, Sched. G, s. 6 (5) - 01/01/1998 2009, c. 25, s. 8 (1-6)
- 15/12/2009; 2009, c. 33, Sched. 2, s. 25 (1) - 15/12/2009 58.2 Repealed:  2009, c. 25, s. 9. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 32 - 01/01/1998 2000, c. 11, s. 21 - 23/06/2000 2009, c. 25, s. 9 - 15/12/2009 58.3 Repealed:  2009, c. 25, s. 9. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 32 - 01/01/1998 2009, c. 25, s. 9
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