PART VI BOARDS
Admission of eligible pupils to schools of the board
188 (1) A board shall admit pupils referred to in subsection (1.1) to a school operated by that board if the following conditions are met: 1. The board has received written notice that the pupil intends to attend the school from, i. the Crown in right of Canada, or ii. a band, a council of a band, a prescribed entity or an education authority that is authorized by a band or a council of a band or by the Crown in right of Canada. 2. The board has received written notice that one or more pupils intend to attend the school from, i. the parent or guardian of each pupil, ii. each pupil, if they are 16 or 17 years of age and have withdrawn from parental control, iii. each pupil, if they are at least 18 years of age, or iv. a person who is prescribed for the purpose of giving written notice in respect of a pupil. 3. The notices referred to in paragraphs 1 and 2 shall, i. specify the intended admission date of the pupil to the school, and ii. comply with any policies or guidelines issued by the Minister pursuant to subsection (1.2). 4. Any conditions, prescribed by the regulations, respecting accommodation for the pupil at the school are satisfied. 2018, c. 8, Sched. 9, s. 3 (1); 2020, c. 18, Sched. 5, s. 4 (1). Eligible pupils (1.1) A pupil is eligible to be admitted to a school operated by a board under subsection (1) if, (a) the pupil is eligible to receive funding from an entity referred to in paragraph 1 of subsection (1) for the purposes of primary or secondary education; and (b) the pupil, (i) ordinarily resides on a reserve within the meaning of the Indian Act (Canada), or (ii) is prescribed by regulation. 2018, c. 8, Sched. 9, s. 3 (1). Policies and guidelines (1.2) The Minister may establish policies and guidelines with respect to the manner of giving, content of and form of any written notices referred to in this section. 2018, c. 8, Sched. 9, s. 3 (1). Non-application of Legislation Act, 2006, Part III (1.3) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to policies and guidelines established by the Minister under this section. 2018, c. 8, Sched. 9, s. 3 (1). Date of admission (1.4) The board shall admit the pupil to the school on the later of, (a) the admission date specified in the notice provided by the entity under paragraph 1 of subsection (1); and (b) the admission date specified in the notice provided by the parent, guardian or pupil, as the case may be, under paragraph 2 of subsection (1). 2018, c. 8, Sched. 9, s. 3 (1). Prescribed fee (1.5) If the board admits a pupil under subsection (1), the board shall, in accordance with the regulations, charge the prescribed fee to the entity that provided notice under paragraph 1 of subsection (1). 2018, c. 8, Sched. 9, s. 3 (1). Services and supports (1.6) If the board admits a pupil under subsection (1), the board shall provide that pupil with at least the same services and supports that it would ordinarily provide to a pupil of the board with the same needs, but the board is not required to provide any additional prescribed services and supports unless it enters into an agreement under subsection (1.7). 2018, c. 8, Sched. 9, s. 3 (1). Agreements (1.7) Subject to subsection (1.8), the board may enter into an agreement with an entity referred to in paragraph 1 of subsection (1) setting out any services and supports that have been prescribed as a service or support for which fees are payable, if the agreement was negotiated in accordance with any prescribed process and includes the following information: 1. The amounts payable by the entity. 2. Any terms or conditions that are required by regulation to be included in such an agreement. 2018, c. 8, Sched. 9, s. 3 (1). Same (1.8) For greater certainty, the board may charge an entity that provides notice under paragraph 1 of subsection (1) only, (a) the prescribed fees; and (b) amounts with respect to prescribed services and supports. 2018, c. 8, Sched. 9, s. 3 (1). Set-off (1.9) Despite subsection (1.5), if a board owes fees under section 185 to an entity referred to in subparagraph 1 ii of subsection (1) of this section, the board may, in the prescribed circumstances and subject to any conditions or restrictions prescribed in the regulations, reduce the fees that it charges to that entity in accordance with the regulations. 2018, c. 8, Sched. 9, s. 3 (1). Transition (1.10) Any agreement entered into under section 188 as it read immediately before section 3 of Schedule 9 to the Plan for Care and Opportunity Act (Budget Measures), 2018
comes into force shall, (a) remain in effect until the earlier of the day it expires or the day prescribed by regulation; and (b) be subject to any restrictions or conditions prescribed in the regulations. 2018, c. 8, Sched. 9, s. 3 (1). Regulations (1.11) The Lieutenant Governor in Council may make regulations, (a) prescribing entities for the purposes of paragraph 1 of subsection (1); (a.1) prescribing persons for the purposes of subparagraph 2 iv of subsection (1) who may provide written notice in respect of a pupil and governing the conditions under which notice may be provided by such a person; (a.2) authorizing personal information within the meaning of section 28 of the Municipal Freedom of Information and Protection of Privacy Act to be collected by boards, for the purpose of administering and implementing this section, in a manner other than directly from the individual to whom the information relates and regulating the manner in which the information is collected; (b) governing accommodation for pupils for the purposes of paragraph 4 of subsection (1); (c) prescribing eligible pupils; (d) prescribing the services and supports for which a board may charge an entity referred to in paragraph 1 of subsection (1); (e) respecting the process for entering into an agreement referred to in subsection (1.7); (f) prescribing the terms and conditions that are required to be included in an agreement referred to in subsection (1.7); (g) prescribing the circumstances in which the board may reduce the fees it charges, conditions and restrictions on reducing the fees it charges and the process for determining any reduction; (h) providing for and governing any transitional matters that the Lieutenant Governor in Council considers necessary or advisable in connection with agreements under this section, including prescribing any restrictions or conditions that will apply to such agreements. 2018, c. 8, Sched. 9, s. 3 (1); 2020, c. 18, Sched. 5, s. 4 (2). Same (1.12) A regulation made under clause (1.11) (d) may be made to apply with respect to any period specified in the regulation, including a period before the regulation is made. 2018, c. 8, Sched. 9, s. 3 (1). Agreements re instruction in Indian schools (2) A board may enter into an agreement with the Crown in right of Canada or an entity referred to in subparagraph 1 ii of subsection (1) to provide for Indian pupils, for the period specified in the agreement, instruction and special services in schools provided by the Crown in right of Canada, or the entity, as the case may be, and such agreement shall provide for the payment by the Crown in right of Canada or the entity, as the case may be, of the full cost of the provision of the instruction and special services. 2018, c. 8, Sched. 9, s. 3 (2). Agreements re accommodation for Indian pupils (3) A board may enter into an agreement with the Crown in right of Canada for a period specified in the agreement to provide for a payment from the Crown in right of Canada to provide additional classroom accommodation and to provide tuition for a maximum of thirty-five Indian pupils for each additional classroom so provided, and the fees therefor shall be calculated in accordance with the regulations, but exclusive of expenditures for the erection of school buildings for instructional purposes and additions thereto.  R.S.O. 1990, c. E.2, s. 188 (3). Cost of special services (4) A board shall not enter into an agreement under subsection (2) or (3) that requires the board to provide special services for Indian pupils that it does not provide for its resident pupils unless, in addition to the fees referred to in subsection (3), the cost of such services is payable by the Crown in right of Canada. 2018, c. 8, Sched. 9, s. 3 (3). Regulations: interests of members of bands (5) The Lieutenant Governor in Council may make regulations providing for representation on boards, by appointment, of the interests of members of bands in respect of which, (a) there are pupils admitted to the board under subsection (1); or (b) there is an agreement under this section to provide instruction to pupils, including an agreement entered into before the coming into force of section 3 of Schedule 9 to the Plan for Care and Opportunity Act (Budget Measures), 2018. 2019, c. 7, Sched. 20, s. 1. Same (6) A regulation under this section may provide for the type and extent of participation by the persons appointed.  1997, c. 31, s. 95. Same (7) A regulation under this section may provide that all persons, or one or more classes of persons, appointed under this section shall be deemed to be elected members of the board, for all purposes or for such purposes as are specified in the regulation.  1997, c. 31, s. 95. Representation on Roman Catholic boards (8) Where a person is appointed to represent the interests of Indian pupils on a Roman Catholic board, the person shall be a Roman Catholic and at least 18 years of age.  1997, c. 31, s. 95. Representation on French-language district school boards (9) Where a person is appointed to represent the interests of Indian pupils on a French-language district school board, the person shall be a French-language rights holder and at least 18 years of age.  1997, c. 31, s. 95. (10)-(13) Repealed:  1997, c. 31, s. 95. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 95 - 01/01/1998 2018, c. 8, Sched. 9, s. 3 (1-3) - 01/09/2019 2019, c. 7, Sched. 20, s. 1 - 01/09/2019 2020, c. 18, Sched. 5, s. 4 (1, 2) - 21/07/2020