hordruma/ontario_laws_and_regs huggingface dataset:
DIVISION F REVIEW OF EDUCATION FUNDING
Operation of Division C
257.106 (1) Division C is inoperative with respect to English-language public boards.  1997, c. 31, s. 113 (6). Same (2) Division C is inoperative with respect to French-language public district school boards.  1997, c. 31, s. 113 (6). Same (3) Division C is inoperative with respect to English-language Roman Catholic boards.  1997, c. 31, s. 113 (6). Same (4) Division C is inoperative with respect to French-language separate district school boards.  1997, c. 31, s. 113 (6). Same (5) Division C is inoperative with respect to a board of a Protestant separate school.  1997, c. 31, s. 113 (6). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (6) - 01/01/1998 257.107 Repealed:  2009, c. 25, s. 38. Note:  On August 31, 1998, every permanent teacher’s contract, probationary teacher’s contract and continuing education teacher’s contract between a board and a teacher that is made in accordance with the regulations ceases to be in force.  See:  1997, c. 31, ss. 114 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (6) - 01/01/1998 2009, c. 25, s. 38
- 15/12/2009 PART IX.1   extended day programs and Third Party Programs
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Definitions
258 In this Part, “operator” means, in respect of a third party program, the owner or person who has the charge, management or control of the program; (“exploitant”) “parent” includes a person who has lawful custody of a child. (“parents”)  2010, c. 10, s. 10; 2011, c. 9, Sched. 10, s. 4. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 114 (1) - 31/08/1998 2010, c. 10, s. 10
- 03/06/2010 2011, c. 9, Sched. 10, s. 3, 4 - 12/05/2011
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Extended day or third party programs: grade 1 to 6 pupils
259.1 (1) Subject to the regulations, policies and guidelines made under this Part, every board shall do one of the following on every school day, other than professional activity days, outside the time when classes are operated in the school, for pupils of each elementary school of the board who are enrolled in grades 1 to 6: 1. Operate an extended day program. 2. Ensure that a third party program is operated by a person or entity other than a board. 2014, c. 11, Sched. 4, s. 5 (2). Third party programs (2) A board shall ensure that a third party program operated for the purposes of this section meets the following requirements: 1. The program must be a child care centre licensed under the Child Care and Early Years Act, 2014 or another program prescribed by the regulations made under this Part. 2. The program must meet any conditions and criteria prescribed by the regulations, policies or guidelines made under this Part, including conditions and criteria related to programs or operators of programs. 2014, c. 11, Sched. 4, s. 5 (2); 2019, c. 4, Sched. 3, s. 5. Same (3) Two or more boards may enter into agreements for the purposes of subsection (4). 2014, c. 11, Sched. 4, s. 5 (2). Same (4) Subject to the regulations, policies and guidelines made under this Part, a board may do one of the following outside the time when classes are operated in the school, for pupils enrolled in a school of another board if the board has entered into an agreement with the other board to do so: 1. Operate an extended day program. 2. Ensure that a third party program is operated by a person or entity other than a board. 2014, c. 11, Sched. 4, s. 5 (2). Same (5) If an agreement under subsection (4) provides that the program will be operated on every school day, other than professional activity days, for pupils who are enrolled in grades 1 to 6 in a school of the other board, the other board is relieved of its obligations under subsection (1) with respect to the pupils enrolled in that school until, (a) the agreement is terminated or expires; or (b) if the program is a third party program, the program is terminated or ceases to operate. 2014, c. 11, Sched. 4, s. 5 (2). No limitation of rights (6) Subject to subsection (7), nothing in this section limits any right of a board to enter into an agreement with a person or entity to operate a program for pupils enrolled in a school of the board. 2014, c. 11, Sched. 4, s. 5 (2). Conflict with subs. (1) program (7) A board shall not enter into an agreement with a person or entity, other than a board, to operate a program for pupils enrolled in a school of the board that is of the same nature as a program operated under subsection (1). 2014, c. 11, Sched. 4, s. 5 (2). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 10, s. 5 - 12/05/2011 2014, c. 11, Sched. 4, s. 5 (1)
- 31/08/2015; 2014, c. 11, Sched. 4, s. 5 (2) - 29/08/2016 2019, c. 4, Sched. 3, s. 5 - 01/07/2019
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Operator not agent of board
259.2 Nothing under this Part makes the operator of a third party program an agent of a board.  2011, c. 9, Sched. 10, s. 5. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 10, s. 5 - 12/05/2011
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Termination or cessation of third party program
259.3 (1) If a third party program operated in a school of a board under section 259, or operated for pupils enrolled in a school of a board under section 259.1, is terminated or ceases to operate during a school year, the following applies: 1. The board is relieved of its obligations under subsection 259 (1) with respect to that school, or under subsection 259.1 (1) with respect to the pupils enrolled in that school, for seven days after the day the program is terminated or ceases to operate. 2. For the remainder of the school year, the board shall ensure that a program under subsection 259 (1) or 259.1 (1) for pupils enrolled in that school is operated, i. in respect of school days other than professional activity days, during at least the same hours of operation of the program that was terminated or ceased to operate, and ii. if required by the regulations, policies or guidelines made under this Part, A. on professional activity days or any other day on which the program that was terminated or ceased to operate would have operated under the agreement that governed it, and B. during at least the same hours of operation on the days described in sub-subparagraph A that the program that was terminated or ceased to operate would have operated under the agreement that governed it.  2011, c. 9, Sched. 10, s. 5; 2014, c. 11, Sched. 4, s. 6 (1-3). Same, s. 259 (5) or 259.1 (5) agreement (2) If a third party program operated under an agreement referred to in subsection 259 (5) or 259.1 (5) is terminated or ceases to operate during a school year, the following applies to the board that was relieved of its obligations under subsection 259 (5) or 259.1 (5), as the case may be: 1. The board continues to be relieved of its obligations under subsection 259 (1) with respect to the school, or under subsection 259.1 (1) with respect to the pupils enrolled in the school, in respect of which the agreement applies, for seven days after the day the program is terminated or ceases to operate. 2. For the remainder of the school year, the board shall ensure that a program under subsection 259 (1) or 259.1 (1) for pupils enrolled in that school is operated, i. in respect of school days other than professional activity days, during at least the same hours of operation of the program that was terminated or ceased to operate, and ii. if required by the regulations, policies or guidelines made under this Part, A. on professional activity days or any other day on which the program that was terminated or ceased to operate would have operated under the agreement that governed it, and B. during at least the same hours of operation on the days described in sub-subparagraph A that the program that was terminated or ceased to operate would have operated under the agreement that governed it.  2011, c. 9, Sched. 10, s. 5; 2014, c. 11, Sched. 4, s. 6 (4-6). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 10, s. 5 - 12/05/2011 2014, c. 11, Sched. 4, s. 6 (1-6) - 29/08/2016
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Designate early childhood educator positions
260 (1) Subject to the regulations, policies and guidelines made under this Part, every board shall designate at least one position in each extended day program unit in each school of the board as requiring an early childhood educator to lead the unit.  2010, c. 10, s. 10. Appoint early childhood educators (2) Subject to the regulations, policies and guidelines made under this Part, every board shall appoint early childhood educators to positions designated under subsection (1).  2010, c. 10, s. 10. Section Amendments with date in force (d/m/y) 1996, c. 13, s. 10 (3, 5) - 31/08/1998; 1997, c. 31, s. 116 (1, 3, 4, 6, 8, 9) - 31/08/1998 2010, c. 10, s. 10
- 03/06/2010
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Fees
260.1 (1) Every board shall charge fees in accordance with the regulations made under subsection 260.6 (1) to parents of pupils enrolled in extended day programs operated by the board to recover operating costs incurred by the board.  2011, c. 9, Sched. 10, s. 6. Same (2) No fees may be charged under subsection (1) unless the fees are charged in accordance with the regulations made under subsection 260.6 (1).  2011, c. 9, Sched. 10, s. 6. Same (3) For greater certainty, paragraph 23.1 of subsection 171 (1) applies to fees charged under subsection (1).  2010, c. 10, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 10
- 03/06/2010 2011, c. 9, Sched. 10, s. 6 - 12/05/2011
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Delegation by principal
260.2 A principal may delegate any of his or her duties under this Act that relate to the operation of extended day programs to, (a) a vice principal; or (b) another person, if approved by the board in accordance with the regulations, policies or guidelines made under this Part.  2010, c. 10, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 10
- 03/06/2010
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Right to attend
260.3 (1) Part II, except sections 19 and 20, and sections 167.1 and 293 do not apply to extended day programs.  2010, c. 10, s. 10. Same (2) Without limiting the generality of subsection (1), the right to attend a school of a board under Part II, section 167.1 or section 293 does not confer a right to be enrolled in an extended day program operated by the board.  2010, c. 10, s. 10. Same, enrolment (3) Enrolment in a school does not confer a right to be enrolled in a program operated under section 259 or 259.1.  2011, c. 9, Sched. 10, s. 7; 2014, c. 11, Sched. 4, s. 7. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 10
- 03/06/2010 2011, c. 9, Sched. 10, s. 7 - 12/05/2011 2014, c. 11, Sched. 4, s. 7 - 29/08/2016
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Agreements re financial assistance
260.4 The Minister and, if authorized by the Minister, a board, may enter into agreements with any person or entity respecting the provision of financial assistance to persons who are charged fees under section 260.1.  2010, c. 10, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 10
- 03/06/2010
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Policies and guidelines: extended day and third party programs
260.4.1 (1) The Minister may issue policies and guidelines, and require boards to comply with them, (a) respecting the schools at which a board is required and is not required to operate or ensure the operation of a program under subsection 259 (1); (b) respecting the schools in respect of which a board is required and is not required to operate or ensure the operation of a program under subsection 259.1 (1); (c) respecting the locations at which boards may or shall operate or ensure the operation of a program under subsection 259.1 (1); (d) authorizing boards to operate or ensure the operation of a program under subsection 259.1 (1) for pupils of more than one school of the board for the purposes of complying with its obligations under that subsection; (e) clarifying whether or not a program is of the same nature as a program operated under subsection 259 (1) or 259.1 (1), for the purposes of subsections 259 (7) and 259.1 (7); (f) governing the circumstances in which and the ways in which boards shall engage parents and other persons or entities that have an interest in the provision of extended day or third party programs in matters relating to the provision of those programs. 2014, c. 11, Sched. 4, s. 8 (1). Same (2) Without limiting the generality of subsection (1), the Minister may issue a policy or guideline under subsection (1) respecting assumptions and calculations to be used in estimating or determining enrolment in, or staffing required for, extended day programs or third party programs.  2011, c. 9, Sched. 10, s. 8; 2014, c. 11, Sched. 4, s. 8 (2). Legislation Act, 2006, Part III (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy or guideline of the Minister under this section.  2011, c. 9, Sched. 10, s. 8. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 10, s. 8 - 12/05/2011 2014, c. 11, Sched. 4, s. 8 (1, 2) - 29/08/2016
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Policies and guidelines: third party programs
260.5.1 (1) The Minister may issue policies and guidelines and require boards to comply with them, (a) governing agreements between boards and operators of third party programs, including prescribing terms and conditions that must or may be included; (b) prescribing conditions and criteria for the purposes of paragraph 3 of subsection 259 (2) or paragraph 2 of subsection 259.1 (2), including conditions and criteria related to programs or operators of programs; (c) requiring boards to comply with all or part of subparagraph 2 ii of subsections 259.3 (1) and (2).  2011, c. 9, Sched. 10, s. 10; 2014, c. 11, Sched. 4, s. 10. Legislation Act, 2006, Part III (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy or guideline of the Minister under this section.  2011, c. 9, Sched. 10, s. 10. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 10, s. 10 - 12/05/2011 2014, c. 11, Sched. 4, s. 10 - 29/08/2016
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Regulations: extended day and third party programs
260.5.2 The Lieutenant Governor in Council may by regulation, (a) do anything that may be done by policy or guideline under sections 260.4.1, 260.5 and 260.5.1; (b) prescribe programs for the purposes of paragraph 1 of subsection 259 (2);. (c) prescribe programs for the purposes of subparagraph 1 i of subsection 259.1 (2).  2011, c. 9, Sched. 10, s. 10; 2014, c. 11, Sched. 4, s. 11. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 10, s. 10 - 12/05/2011 2014, c. 11, Sched. 4, s. 11 (1, 2) - 29/08/2016
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Regulations: extended day programs, fees
260.6 (1) The Lieutenant Governor in Council may make regulations respecting the fees that a board shall charge under subsection 260.1 (1), including regulations respecting, (a) the amount of the fees or any part of the fees; (b) the manner or method of calculating or determining the amount of the fees or any part of the fees; (c) criteria or conditions relating to the calculation or determination of the amount of the fees or any part of the fees; (d) fee deposits; (e) the time of payment of the fees or any part of the fees; (f) the assumptions and calculations to be used in estimating or determining operating costs of extended day programs in schools of the board, including regulations respecting what is to be included and excluded in determining those costs and regulations respecting how those costs are to be calculated; (g) the assumptions and calculations to be used in estimating or determining any surplus or deficit or projected surplus or deficit for a fiscal year resulting from the collection of fees; (h) the management of any surplus or deficit or projected surplus or deficit, including the use of any surplus or projected surplus and the manner of making up any deficit or projected deficit; (i) respecting assumptions and calculations to be used in estimating or determining enrolment in, or staffing required for, extended day programs in schools of the board.  2011, c. 9, Sched. 10, s. 11 (1). Fee adjustments (2) A regulation made under clause (1) (h) may provide for adjustments, including a reduction or an increase, to be made to fees charged under subsection 260.1 (1) at any time, including adjustments to, (a) fees charged in the course of a fiscal year during which the surplus or deficit occurs or is projected; and (b) fees charged in one or more fiscal years following the fiscal year in which the surplus or deficit occurs or is projected.  2011, c. 9, Sched. 10, s. 11 (1). Same, subs. (1) (3) In making a regulation under subsection (1), the Lieutenant Governor in Council shall recognize that the fees to be charged by a board must bear a reasonable relationship to the operating costs incurred by the board.  2010, c. 10, s. 10; 2011, c. 9, Sched. 10, s. 11 (2). Section Amendments with date in force (d/m/y) 2010, c. 10, s. 10
- 03/06/2010 2011, c. 9, Sched. 10, s. 11 (1, 2) - 12/05/2011
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Regulations: extended day programs, financial assistance
260.7 The Lieutenant Governor in Council may make regulations respecting the provision of financial assistance to persons who are charged fees under section 260.1, including regulations, (a) providing for such positions as the Lieutenant Governor in Council considers advisable to manage the provision of the financial assistance; (b) authorizing the Minister and such other persons or entities as may be specified in the regulations to appoint persons or entities to the positions referred to in clause (a), subject to any restrictions or criteria relating to the appointments set out in the regulations; (c) designating persons or entities to be responsible for such aspects of the delivery of the financial assistance as are set out in the regulations; (d) respecting the powers, duties and functions of, (i) the Minister and any other person or entity authorized to make appointments under clause (b), (ii) any person or entity appointed under clause (b), (iii) any person or entity designated under clause (c); (e) designating geographic areas for the purpose of managing the provision of the financial assistance; (f) respecting agreements that may be entered into by the Minister or any person or entity referred to in subclause (d) (i), (ii) or (iii) in relation to the provision of the financial assistance; (g) respecting agreements that may be entered into by boards in relation to the provision of the financial assistance; (h) specifying terms and conditions that may or must be included in the agreements referred to in clauses (f) and (g), including terms providing for the transfer of powers, duties and functions under this section from one person or entity to another; (i) governing eligibility for, applications for and payment of the financial assistance; (j) governing application forms and their contents; (k) governing the resolution of disputes relating to eligibility for and the amount of the financial assistance; (l) governing the criteria for and the manner of calculating the amounts of the financial assistance; (m) requiring a person or entity who has entered into an agreement with the Minister under section 260.4 or clause (f) to provide reports, at such times and with such content as are specified in the regulations, to a board.  2010, c. 10, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 10
- 03/06/2010
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Transitional regulations
260.8 (1) The Lieutenant Governor in Council may make regulations respecting transitional matters related to the implementation of this Part or the implementation of amendments to this Part. 2010, c. 10, s. 10; 2014, c. 11, Sched. 4, s. 12. Conflict with transitional regulations (2) In the event of a conflict, a regulation made under subsection (1) prevails over provisions of an Act or regulation that are administered by the Minister.  2010, c. 10, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 10
- 03/06/2010 2014, c. 11, Sched. 4, s. 12 - 31/08/2015
PART IX.1 EXTENDED DAY PROGRAMS AND THIRD PARTY PROGRAMS
Offence
260.9 (1) Every person who knowingly furnishes false information in any application, statement or report that relates to the provision, management or receipt of financial assistance under this Part is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  2010, c. 10, s. 10. Same (2) Section 211 does not apply to a person who knowingly furnishes false information in any application, statement or report referred to in subsection (1).  2010, c. 10, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 10
- 03/06/2010 part x   TEACHERS, DESIGNATED EARLY CHILDHOOD EDUCATORS, PUPIL RECORDS AND EDUCATION NUMBERS Teachers and Designated Early Childhood Educators
PART X TEACHERS, DESIGNATED EARLY CHILDHOOD EDUCATORS, PUPIL RECORDS AND EDUCATION NUMBERS
Probationary period
261 The probationary period, if any, for teachers and designated early childhood educators when they first become employed by a board shall not exceed two years.  1997, c. 31, s. 117; 2010, c. 10, s. 13. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 115, 117 - 31/08/1998 2010, c. 10, s. 11-13
- 03/06/2010
PART X TEACHERS, DESIGNATED EARLY CHILDHOOD EDUCATORS, PUPIL RECORDS AND EDUCATION NUMBERS
Membership in Ontario College of Teachers
262 Except as otherwise provided in or under this Act, no person shall be employed in an elementary or secondary school to teach or to perform any duty for which membership in the College is required under this Act unless the person is a member of the Ontario College of Teachers.  1996, c. 12, s. 64 (11). Section Amendments with date in force (d/m/y) 1996, c. 12, s. 64 (11) - 20/05/1997
PART X TEACHERS, DESIGNATED EARLY CHILDHOOD EDUCATORS, PUPIL RECORDS AND EDUCATION NUMBERS
Membership in College of Early Childhood Educators
262.1 Except as otherwise provided under paragraph 10.1 of subsection 8 (1), no person shall be employed by a board in a position designated by the board as requiring an early childhood educator, and no person shall be employed by a board to perform any duty for which membership in the College of Early Childhood Educators is required under this Act, unless the person is a member of the College.  2010, c. 10, s. 14. Section Amendments with date in force (d/m/y) 2010, c. 10, s. 14
- 03/06/2010