jswizzle3737/ontario_laws_and_regs huggingface dataset:
Assets vested in Commission
106. (1) On the 1st day of January, 1954, there is vested in the Commission, (a) all the undertaking, assets and real and personal property, wherever situate, owned by, vested in or held by the Former Commission, including the capital stock of Gray Coach Lines Limited held by it; (b) all real and personal property acquired or held by The Corporation of the City of Toronto for the purposes of or on behalf of the Former Commission; (c) all real and personal property acquired or held by any area municipality in respect of any service furnished by the Former Commission to such municipality or any portion thereof. Liabilities (2) The Commission, on the 1st day of January, 1954, shall assume all liabilities of the Former Commission, and shall assume all liabilities of any area municipality incurred in respect of any property vested in the Former Commission under subsection (1). No compensation or damages (3) Subject to section 118, no compensation or damages shall be payable to the Former Commission or any area municipality in respect of any undertaking, assets and property vested in the Commission under this section. Settling of doubts (4) In the event of any doubt as to whether any particular asset or liability is vested in the Commission by this section, the Municipal Board, upon application, shall determine the matter and its decision is final and not subject to appeal. Transfer of title (5) For the purposes of the Registry Act, the Land Titles Act, or any other Act affecting title to property, it is sufficient to cite this Act to show the transmission of title to the Commission and the vesting therein of any real or personal property or any interest therein, but, if an order has been made by the Municipal Board under subsection (4), the order shall be cited as well. Pension fund society (6) On or after the 1st day of January, 1954, the Commission in relation to the Toronto Transportation Commission Pension Fund Society, a corporation subject to Part V of the Corporations Act and incorporated by letters patent dated the 3rd day of January, 1940, shall stand in the place and stead of the Former Commission. Idem (7) The name of the said Toronto Transportation Commission Pension Fund Society is changed to Toronto Transit Commission Pension Fund Society in English and Société de la caisse de retraite de la Commission de transport de Toronto in French. R.S.O. 1990, c. M.62, s. 106.
Sick benefit plan
107. (1) The Commission may provide by contract with an insurer licensed under the Insurance Act or with an association registered under the Prepaid Hospital and Medical Services Act or with a corporation to be known in English as the Toronto Transit Commission Sick Benefit Association and in French as Association de la Commission de transport de Toronto en matière de prestations de maladie, to be established subject to the Co-operative Corporations Act, for weekly sick-pay, special service, medical and surgical benefits for employees or any class thereof of the Commission and their wives or husbands and dependent children and retired employees in accordance with this section and for paying the whole or part of the cost thereof. Idem (2) The Commission shall only make contributions in respect of, (a) regular employees who have been employed for at least sixty days with the Commission and their wives or husbands and dependent children; (b) retired employees who reside in Ontario and who elect to continue the benefits, and shall not make contributions in respect of temporary or seasonal employees or dependants of regular employees other than wives or husbands and dependent children. Special benefits for other dependants (3) Special service and medical and surgical benefits may be provided for dependants other than wives or husbands and dependent children of regular employees, and for dependants of retired employees, who so elect, provided the cost thereof shall be borne by such employees. Sick-pay benefits (4) Sick-pay benefits shall not be provided for other than active regular employees of the Commission. Greater sick-pay on election of employee (5) Weekly sick-pay in an amount greater than may be provided under the other provisions of this section may be provided for such employees who elect to bear the excess cost of such greater sick-pay. Administration costs (6) The Commission may assume the cost of the administration of the benefits provided under this section. Benefits validated (7) The sick-pay, special service and medical and surgical benefits provided or to be provided before the 1st day of January, 1961, and contributions made in relation thereto by The Toronto Transportation Commission, the Toronto Transit Commission, the Toronto Transportation Commission Sick Benefit Association and the Toronto Transit Commission Sick Benefit Association are hereby confirmed and declared to be legal and valid. R.S.O. 1990, c. M.62, s. 107.
Existing agreements
108. (1) Where the Former Commission has agreed with any area municipality or other municipality or person, or any two or more of them, for services to be provided by the Former Commission, the Commission shall, on the 1st day of January, 1954, assume all liabilities and is entitled to all benefits of the Former Commission under such agreement and the Former Commission is relieved of any liability thereunder. Termination (2) Despite subsection (1) and despite anything in any such agreement, the Municipal Board, upon the application of the Commission or of any municipality or person who is a party to such agreement, may by order terminate or vary such agreement and adjust all rights and liabilities thereunder. R.S.O. 1990, c. M.62, s. 108.
Capital stock of Gray Coach Lines
109. No further investment in the capital stock of Gray Coach Lines, Limited shall be made by the Commission, nor shall the capitalization of Gray Coach Lines, Limited hereafter be increased until the consent of the Metropolitan Council is first obtained thereto. R.S.O. 1990, c. M.62, s. 109.
Powers and duties of Commission
110. On and after the 1st day of January, 1954, the Commission, (a) shall consolidate and co-ordinate all forms of local passenger transportation within the Metropolitan Area, with the exception of steam railways and taxis, and shall plan for the future development of such transportation so as to serve best the inhabitants of the Metropolitan Area; (b) has and may exercise, with respect to the entire Metropolitan Area, all the powers, rights, authorities and privileges with respect to the construction, maintenance, operation, extension, alteration, repair, control and management of local passenger transportation which the Former Commission had with respect to any part of the Metropolitan Area on the 31st day of December, 1953; (c) has and may exercise all the powers, rights, authorities and privileges with respect to the construction, maintenance, operation, extension, alteration, repair, control and management of local passenger transportation systems heretofore or hereafter conferred upon or exercisable by the council or corporation of any area municipality, and such powers, rights, authorities and privileges shall not be exercised by any area municipality or its council or by the Metropolitan Corporation or the Metropolitan Council. R.S.O. 1990, c. M.62, s. 110.
Specific powers
111. (1) The Commission has, in particular, but not so as to restrict its general powers and duties, the following powers and duties: 1. To construct, maintain, operate, extend, alter, repair, control and manage a local transportation system within the Metropolitan Area by means of surface, underground or overhead railways, tramways or buses, or any other means of local transportation except steam railways and taxis. 2. To establish new local passenger transportation services in the Metropolitan Area as and when required and to alter, curtail or abolish any services if the Commission considers it desirable so to do. 3. If the Commission considers it desirable, to establish, construct, manage and operate parking lots for the parking of vehicles in connection with its local passenger transportation system, and to charge fees for parking therein. 4. Subject to section 112, to fix such tolls and fares and establish such fare zones so that the revenue of the Commission shall be sufficient to make all transportation facilities under its control and management selfsustaining, after providing for such maintenance, renewals, depreciation, debt charges and reserves as it may think proper. 5. To purchase, lease, acquire and use any real or personal property for its purposes, but the Commission shall not acquire any property that is to be paid for by money raised on the issue of debentures of the Metropolitan Corporation unless the approval of the Metropolitan Council has first been obtained. 6. To make requisitions upon the Metropolitan Corporation for all sums of money necessary to carry out its powers and duties, but nothing in this Act divests the Metropolitan Council of its authority with reference to providing the money required for such works, and when such money is provided by the Metropolitan Corporation the treasurer of the Metropolitan Corporation shall upon the certificate of the Commission pay out any money so provided. 7. To engage in the business of providing consulting services in transit related matters within or outside the Metropolitan Area, either directly or through a subsidiary, provided that the investment by the Commission in the capital stock of the subsidiary, shall not exceed the sum of $100,000 without the consent of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 111 (1). Dealing with land and personal property (2) The power of the Metropolitan Corporation to acquire land and personal property for the purposes of the Metropolitan Corporation includes the power to acquire, use, sell, lease or otherwise dispose of them for the purposes of the Commission. 1996, c. 32, s. 78 (12).
Metropolitan Corporation contributions, to capital costs
112. (1) The Metropolitan Corporation may contribute to the capital costs of the Commission. R.S.O. 1990, c. M.62, s. 112 (1); 1996, c. 32, s. 78 (13). to operating costs (2) The Metropolitan Corporation may contribute to the cost of operating the transportation system operated by the Commission. R.S.O. 1990, c. M.62, s. 112 (2).
Agreements
113. (1) The Commission may enter into an agreement with any person, or with one or more area municipalities, or with one or more other municipalities situated within twenty-five miles of the Metropolitan Area, under which the Commission will operate a local passenger transportation service upon such terms as may be agreed upon, but every such agreement shall provide that any deficit in operations shall be paid by the person or municipality or municipalities, and if the agreement is with one or more municipalities the agreement shall provide that any surplus in operations shall be credited to the municipality or municipalities. Surplus or deficit (2) Where an agreement is entered into under subsection (1) with one or more municipalities, the council of any such municipality may pass by-laws, (a) providing that any deficit charged to the municipality shall be payable out of, and any surplus shall be credited to, the general funds of the municipality; or (b) with the approval of the Municipal Board, providing that any deficit shall be assessed against, and any surplus shall be credited to, the rateable property in any area or areas of the municipality defined in the by-law. R.S.O. 1990, c. M.62, s. 113.
Definition
114. In paragraphs 1 and 2 of subsection 111 (1) and in subsection 115 (1), “Metropolitan Area” shall be deemed to include the whole of Steeles Avenue where it is a boundary of an area municipality. R.S.O. 1990, c. M.62, s. 114.
Annual report
116. Immediately after the close of each calendar year, the Commission shall prepare, deliver to the Metropolitan Council, and publish, (a) a complete audited and certified financial statement of its affairs, including revenue and expense account, balance sheet and profit and loss statement; (b) a general report of its operations during that calendar year. R.S.O. 1990, c. M.62, s. 116.
Actions, etc., against Commission
117. (1) All claims, actions and demands arising from or relating to the construction, maintenance, operation, extension, alteration, repair, control and management of the Commission’s transportation system and property, or arising from the exercise of any of the powers of the Commission, shall be made upon and brought against the Commission and not upon or against the Metropolitan Corporation or any area municipality. Idem (2) The Commission may sue and be sued in its own name. R.S.O. 1990, c. M.62, s. 117.
Existing debenture liability
118. (1) On and after the 1st day of January, 1954, the Metropolitan Corporation shall pay to each area municipality before the due date all amounts of principal and interest becoming due upon any outstanding debentures issued by that area municipality in respect of any property vested in the Commission under subsection 106 (1) or issued by that area municipality for or on behalf of the Former Commission. Payments by Commission (2) The Commission shall pay to the Metropolitan Corporation, before the date mentioned in subsection (1), the amount which the Metropolitan Corporation is liable to pay on that date under subsection (1). Default (3) If the Metropolitan Corporation fails to make any payment as required by subsection (1), or if the Commission fails to make any payment as required by subsection (2), the area municipality may charge the Metropolitan Corporation, or the Metropolitan Corporation may charge the Commission, as the case may be, interest at the rate of 15 per cent per year or such lower rate as the council of the area municipality or the Metropolitan Council determines, from the date payment is due until it is made. Settling of doubts (4) In the event of any doubt as to whether any outstanding debenture or portion thereof was issued in respect of any property vested in the Commission under subsection 106 (1) or for or on behalf of the Former Commission, the Municipal Board, upon application, may determine the matter and its decision is final. R.S.O. 1990, c. M.62, s. 118.
Grants, etc., re free or reduced rate transportation for the aged
119. The Metropolitan Council may expend money and make grants to the Commission in such amounts and on such terms and conditions as the Council may consider appropriate to meet the cost of providing transportation free of charge or at a reduced rate for persons resident in the Metropolitan Area who are sixty-five years of age or over, or for any class or classes of such persons. R.S.O. 1990, c. M.62, s. 119.
Tax exemption re subway and other rapid transit
120. (1) So long as any lands and easements owned by the Metropolitan Corporation or by the Commission are used by the Commission for the purpose of a subway or other rapid transit or as car yards or shops for or in connection with such subway or other rapid transit, such lands and easements and buildings and structures thereon so owned and used are exempt from business and real property taxation, and the Commission is not liable for payments in lieu thereof under section 27 of the Assessment Act. Application to concessions (2) Subsection (1) does not apply to concessions operated, rented or leased in subway or rapid transit stations. Deemed exemption under Assessment Act (3) The exemption provided by subsection (1) shall be deemed to be an exemption from taxation provided by section 3 of the Assessment Act. R.S.O. 1990, c. M.62, s. 120. PART VIII   EDUCATION
Definitions
121. (1) In this Part, “boards” means the School Board and the boards of education; (“conseils”) “boards of education” means the following: 1. The Board of Education for the Borough of East York. 2. The Board of Education of the City of Etobicoke. 3. The Board of Education for the City of North York. 4. The Board of Education for the City of Scarborough. 5. The Board of Education for the City of Toronto. 6. The Board of Education for the City of York; (“conseils de l’éducation”) “Council” means the council maintained by section 126; (“Conseil des écoles françaises”) “elementary school teacher” means a teacher who is a member of, (a) L’Association des Enseignants Franco-Ontariens, if the major portion of the teacher’s teaching assignment is at the elementary school level, (b) The Federation of Women Teachers’ Associations of Ontario, or (c) The Ontario Public School Teachers’ Federation; (“enseignant au niveau élémentaire”) “French-speaking ratepayer” means a person who is entitled to vote at an election of members of a board of education and who has the right under subsection 23 (1) or (2), without regard to subsection 23 (3), of the Canadian Charter of Rights and Freedoms to have his or her children receive their primary and secondary school instruction in the French language in Ontario; (“contribuable francophone”) “Minister” means the Minister of Education; (“ministre”) “Ministry” means the Ministry of Education; (“ministère”) “regulations” means regulations made under the Education Act; (“règlements”) “resident pupils” means pupils, (a) who reside with their parents or guardians, or (b) who or whose parents or guardians are assessed for an amount equal to the average assessment of the ratepayers, within the limits of a secondary school district for secondary school purposes, or a school section for public school purposes, within the Metropolitan Area, but does not include pupils residing with their parents or guardians on land that is exempt from taxation for school purposes, who and whose parents or guardians are not assessed for school purposes in the secondary school district or school section; (“élèves résidents”) “School Board” means The Metropolitan Toronto School Board; (“Conseil scolaire”) “secondary school teacher” means a teacher who is a member of, (a) L’Association des Enseignants Franco-Ontariens, if less than the major portion of the teacher’s teaching assignment is at the elementary school level, or (b) The Ontario Secondary School Teachers’ Federation. (“enseignant au niveau secondaire”) R.S.O. 1990, c. M.62, s. 121 (1); 1994, c. 27, s. 111 (1) . Definitions (2) In this Part, “agreement” (in relation to the employment of teachers), “branch affiliate” and “teacher” have the same meanings as in the School Boards and Teachers Collective Negotiations Act; (“convention”, “section locale”, “enseignant”) and “elementary school” and “secondary school” have the same meanings as in the Education Act. (“école élémentaire”, “école secondaire”) R.S.O. 1990, c. M.62, s. 121 (2).
Area municipality a secondary school district, urban school section
122. Each area municipality is a secondary school district and is deemed to be an urban school section. R.S.O. 1990, c. M.62, s. 122.
Boards of education in area municipalities
123. (1) There shall be a board of education for each area municipality, to be known respectively as, (a) The Board of Education for the Borough of East York; (b) The Board of Education for the City of Etobicoke; (c) The Board of Education for the City of North York; (d) The Board of Education for the City of Scarborough; (e) The Board of Education for the City of Toronto; and (f) The Board of Education for the City of York. Dissolution of former boards of education (2) On the day on which each such new board of education holds its first meeting, (a) the board or boards of education having jurisdiction in the area municipality for which such new board of education is established are dissolved; and (b) all the assets and liabilities of the former board or boards of education are assets and liabilities of such new board of education. R.S.O. 1990, c. M.62, s. 123.
Application of Education Act
124. (1) The provisions of the Education Act and the regulations that are not inconsistent with this Act apply to the boards of education referred to in subsection 123 (1), and, so far as such provisions are inconsistent with this Act, they do not apply to such boards of education. Powers and duties (2) Each such board of education has all the powers, duties and responsibilities conferred and imposed upon it by any general or special Act and regulations made thereunder that are not inconsistent with this Act, and shall comply with all the requirements of this Act that apply to them. Borrowing powers (3) Each such board of education may borrow money under section 245 of the Education Act only with the approval of the Metropolitan Council on the recommendation of the School Board. Director of education (4) Each such board of education shall have a director of education appointed under Part XI of the Education Act, and he or she shall also be the secretary and treasurer of such board. Eligibility of employee of board to be member (5) An employee of a board of education in the Metropolitan Area or of the School Board is not eligible to be a member of any board of education in the Metropolitan Area. R.S.O. 1990, c. M.62, s. 124.
First meeting
125. The first meeting of each such board of education after a regular election shall be held not later than the seventh day following the day on which the terms of office of the elected members commence at such place and time as the board may determine. R.S.O. 1990, c. M.62, s. 125.
Council continued
126. (1) The council known in French as Conseil des écoles françaises de la communauté urbaine de Toronto and in English as The Metropolitan Toronto French-Language School Council is continued. R.S.O. 1990, c. M.62, s. 126 (1). Duty of Council (2) The Council shall operate all French-language instructional units under Part XII of the Education Act in the Metropolitan Area other than those operated by the Metropolitan Separate School Board. R.S.O. 1990, c. M.62, s. 126 (2); 1993, c. 11, s. 46. Body corporate (3) The Council is a body corporate. Designation (4) The Council may be legally designated by either or both versions of its name. Qualification of members of Council (5) A person is qualified to be elected as a member of the Council if, (a) the person is qualified to be elected as a member of the board of education for the area municipality in which the person resides; (b) the person is a French-speaking ratepayer; and (c) the person chooses to vote only for members of the Council and not for a member of the board of education for the area municipality in which the person resides. Electors (6) A person is qualified to be an elector in respect of a member of the Council if, (a) the person is qualified to vote in a regular election of members of the board of education for the area municipality in which the person resides; (b) the person is a French-speaking ratepayer; and (c) the person chooses to vote only for members of the Council and not for a member of the board of education for the area municipality in which the person resides. Idem (7) No person is entitled to vote in a regular election for both members of the Council and members of the board of education for the area municipality in which the person resides. R.S.O. 1990, c. M.62, s. 126 (3-7).
Deemed board of education
127. Except as provided in this Part, the Council, for the purposes of every Act, shall be deemed to be a board of education in the Metropolitan Area. R.S.O. 1990, c. M.62, s. 127.
Prohibition
129. No board of education shall operate a school or class under Part XII of the Education Act. R.S.O. 1990, c. M.62, s. 129. 130. REPEALED: 1993, c. 11, s. 47.
Prohibition
130. REPEALED: 1993, c. 11, s. 47.
Resident pupils of Council
131. A person who is qualified to be a resident pupil in respect of a board of education in the Metropolitan Area and exercises his or her right under subsection 289 (1) or 291 (1) of the Education Act is also qualified to be a resident pupil of the Council. R.S.O. 1990, c. M.62, s. 131.
Non-application
132. Subsections 139 (8) to (13), section 152, clause 155 (1) (e) and subsections 155 (4) to (13) do not apply in respect of the Council. R.S.O. 1990, c. M.62, s. 132.
School Board continued
133. (1) The Metropolitan School Board is continued a corporation under the name of The Metropolitan Toronto School Board in English and Conseil scolaire de la communauté urbaine de Toronto in French, with the powers and duties and for the purposes set out in this Act. Members of School Board (2) The School Board shall be composed of the chair of, and other members appointed by, each board of education in Metropolitan Toronto in accordance with subsection (3). Numbers of members (3) The total number of members, including the chair, representing each board of education shall be the number of members set out in column 2 of the following table opposite the total population of all electoral groups of the board set out in column 1 of the following table: TABLE  Column 1

Column 2


Total population of   all electoral groups of the   board of education

Total   number   of members


Less than 112,500 persons

1


112,500 or more, up to and including 187,499 persons

   2


187,500 or more, up to and including 262,499 persons

   3


262,500 or more, up to and including 337,499 persons

   4


337,500 or more, up to and including 412,499 persons

   5


412,500 or more persons

6 Alternate members (4) A board of education, for which only one member is also a member of the School Board, may appoint one of its members as an alternate member of the School Board and the alternate member may attend the meetings of the School Board and of its committees, but shall not vote in meetings of the School Board or of its committees except in the absence of the chair of the board of education to which the alternate member belongs. Appointment by boards of education (5) The appointment of members of a board of education as members of the School Board shall be made at the first meeting of the board of education in each year after elections have been held in the area municipalities. Election of chair (6) At the first meeting of the School Board in each year, at which a quorum is present, the School Board shall elect as chair one of its members to hold office for that year and until his or her successor is elected in accordance with this section. Disqualification of employee (7) No person employed by the School Board is eligible to be a member of the School Board. R.S.O. 1990, c. M.62, s. 133.
First meeting of School Board
134. (1) The first meeting of the School Board after a regular election shall be held after the boards of education for the area municipalities have held their first meetings, but in any event, not later than the fourteenth day following the day on which the terms of office of the members of such boards of education commence, at such place and time as may be fixed by resolution of the School Board. Organization meeting (2) At the first meeting of the School Board in each year after elections have been held in the area municipalities, at which a quorum is present, the members present shall select a member to preside, and the person so selected may vote as a member, and the School Board shall organize as a board. Certificate of qualification (3) A person who is entitled to be a member of the School Board under subsection 133 (2) or an alternate member of the School Board under subsection 133 (4) shall not take a seat on the School Board until the person has filed at the first meeting of the School Board a certificate under the hand of the secretary of the board of education and under the seal of such board certifying that the person is entitled to be a member or an alternate member, as the case may be. Certificates of office (4) No business shall be proceeded with at the first meeting until after the certificates mentioned in subsection (3) have been filed by all the members who present themselves for that purpose. When School Board deemed organized (5) The School Board shall be deemed to be organized when the certificates have been filed by a majority of the members, and it may be organized and business may be proceeded with despite the failure of any of the other members to file such certificate. R.S.O. 1990, c. M.62, s. 134.
Place of meetings
135. Subject to section 134, all meetings of the School Board shall be held at such places within the Metropolitan Area and at such times as the School Board from time to time appoints. R.S.O. 1990, c. M.62, s. 135.
Quorum, voting
136. (1) The number of members of the School Board necessary to form a quorum is the majority of the number of members of which the School Board is composed under subsection 133 (2) and the concurring votes of a majority of the members of the School Board present who are entitled to vote on any matter are necessary to carry the matter. One vote (2) Each member of the School Board has one vote only. R.S.O. 1990, c. M.62, s. 136.
Term of office
137. (1) Except as provided in this section and in subsection 138 (4), the members of the School Board appointed by boards of education shall hold office while they are members of their respective boards of education and until their successors take office and a new board is organized. Chair of board of education (2) Where as a result of a change in the chair of a board of education, a member of the board of education who is also a member of the School Board becomes chair of such board of education, his or her seat on the School Board, otherwise than as chair of the board of education, becomes vacant, and another member of the board of education shall be appointed to fill the vacancy. Resignation by member of School Board (3) A member of the School Board appointed by a board of education and who is not the chair of the School Board may, with the consent, (a) of the board of education that appointed him or her; and (b) of a majority of the members of the School Board present at a meeting, entered upon the minutes of it, resign as a member without resigning from the board of education, but he or she shall not vote on a motion as to his or her own resignation and may not resign as a member of the School Board if the resignation would reduce the number of members of the School Board to less than a quorum under subsection 136 (1). R.S.O. 1990, c. M.62, s. 137.
Vacancies, chair
138. (1) When a vacancy occurs in the office of chair, the School Board shall, at a general or special meeting to be held within twenty days after the vacancy occurs, elect as chair one of its members to hold office for the remainder of the term of his or her predecessor. Other members (2) If a vacancy occurs in the office of an appointed member, the board of education of which the person was a member shall, within fifteen days after the vacancy occurs, appoint a successor from among its members to hold office for the remainder of the term of the person. Resignation of chair (3) The chair of the School Board may resign the office as chair without resigning from the board of education to which the chair belongs. Vacancy due to absence from meetings (4) The seat of a member of the School Board shall become vacant if the member is absent from the meetings of the School Board for three consecutive months without being authorized so to do by a resolution of the School Board entered upon its minutes, and the School Board shall forthwith declare the seat to be vacant. R.S.O. 1990, c. M.62, s. 138.
Auditors for school board, etc.
140. Section 234 of the Education Act applies with necessary modifications to the School Board as if it were a divisional board of education. R.S.O. 1990, c. M.62, s. 140.
Definition
141. (1) In this section, “sub-system” means an identifiable, predesigned, physically integrated, co-ordinated series of parts that function as a unit of the construction of a building. Sub-systems (2) Where one or more boards of education within the Metropolitan Area have agreed to participate with the School Board in a unified school building construction program, the School Board has power, (a) to enter into contracts with persons for the production of sub-systems to be used in the construction of schools by such boards of education and to give commitments to such persons that the sub-systems that they contract to produce will be used in the construction of a minimum of square metres of school building construction; (b) to enter into contracts with persons for the performance of work or services or for the placing or furnishing of materials upon or in respect of such school building construction; (c) to require such boards of education to construct the school buildings necessary to fulfil commitments given by the School Board and to use in constructing such buildings the sub-systems, services and materials of the persons with whom the School Board has entered into contracts; and (d) to supervise and control the programming and integration of the construction of such school buildings. R.S.O. 1990, c. M.62, s. 141.
Application of Education Act
142. (1) Sections 177, 178 and 180 of the Education Act apply with necessary modifications to the School Board. Pensions (2) Where the School Board employs or has employed a person theretofore employed by a board of education in the Metropolitan Area, the employee shall be deemed to remain an employee of the board of education for the purpose of any pension plan of such board of education, and shall continue to be entitled to all rights and benefits thereunder as if he or she had remained as an employee of the board of education, until the School Board has provided a pension plan for its employees and such employee has elected, in writing, to participate therein. Idem (3) Until such election, the School Board shall deduct by instalments from the remuneration of the employee the amount that such employee is required to pay in accordance with the plan of the board of education, and the School Board shall pay to the board of education in instalments, (a) the amounts so deducted; and (b) the future service contributions payable under the plan by the board of education. Sick leave credits (4) Where the School Board employs or has employed a person theretofore employed by a board of education in the Metropolitan Area, the employee shall be deemed to remain an employee of the board of education for the purposes of any sick leave credit plan of such board of education until the School Board has established a sick leave credit plan for its employees, whereupon the School Board shall place to the credit of the employee the sick leave credits standing to his or her credit in the plan of the board of education. R.S.O. 1990, c. M.62, s. 142.
Elementary school agreement
143. (1) There shall be only one agreement at any one time, and only one set of negotiations to make or renew the agreement, respecting the terms and conditions of employment described in subsection (3) between the boards and the branch affiliates that represent the elementary school teachers employed by the boards. Secondary school agreement (2) There shall be only one agreement at any one time, and only one set of negotiations to make or renew the agreement, respecting the terms and conditions of employment described in subsection (3) between the boards and the secondary school teachers employed by the boards. Contents of agreement (3) The terms and conditions of employment referred to in subsections (1) and (2) are salaries and financial benefits of teachers and the method by which the number of teachers to be employed by a board is determined. Definition (4) In this section, “financial benefits” means, (a) compensation other than salary payable or provided directly or indirectly except money paid in reimbursement of expenses incurred in the performance of duties, (b) a benefit that, at the date the agreement under which the benefit is provided is ratified, has a value that is required to be included in income under the Income Tax Act (Canada), and (c) an insured employee benefit. R.S.O. 1990, c. M.62, s. 143.
Joint negotiations by boards
144. (1) The School Board and the boards of education shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 143. Committee (2) Negotiations on behalf of the School Board and the boards of education related to making or renewing an agreement mentioned in section 143 shall be carried out under the direction of a committee with each of the boards appointing one member of the committee. Decisions by committee (3) A decision by the majority of the members of the committee, representing together the employers of a majority of the elementary school teachers or secondary school teachers as the case requires, is the decision of the committee. Ratification by boards (4) A decision by the committee to approve an agreement mentioned in section 143 is not effective until the decision is ratified by a majority of the boards and the majority employs the majority of the elementary school teachers or secondary school teachers, as the case requires. Replacement of member of committee (5) The School Board may remove from the committee a person appointed by the School Board and a board of education may remove from the committee a person appointed by the board of education, but the School Board or board of education shall appoint another person to the committee in the place of the person removed. R.S.O. 1990, c. M.62, s. 144.
Joint negotiations by elementary school branch affiliates
145. (1) The branch affiliates that represent the elementary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 143. Committee (2) Negotiations on behalf of the branch affiliates mentioned in subsection (1) shall be carried out under the direction of a committee, with each of the branch affiliates appointing one member of the committee. Appointments (3) Two or more branch affiliates may each appoint the same person to be a member of the committee under subsection (2). R.S.O. 1990, c. M.62, s. 145.
Joint negotiations by secondary school branch affiliates
146. (1) The branch affiliates that represent the secondary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 143. Committee (2) Negotiations on behalf of the branch affiliates mentioned in subsection (1) shall be carried out under the direction of a committee, with each of the branch affiliates appointing one member of the committee. Appointments (3) Two or more branch affiliates may each appoint the same person to be a member of the committee under subsection (2). R.S.O. 1990, c. M.62, s. 146.
Committee
147. (1) A committee directing negotiations on behalf of branch affiliates may determine its own procedures. Ratification (2) A decision by a committee to approve an agreement mentioned in section 143 is not effective until the decision is ratified, (a) by a majority of the elementary school teachers or secondary school teachers, as the case may be, who are employed by the boards and participate in the ratification vote; and (b) by a majority of the elementary school teachers or secondary school teachers, as the case may be, who participate in the ratification vote mentioned in clause (a) conducted among the elementary school teachers or secondary school teachers, as the case may be, employed by each of a majority of the boards. R.S.O. 1990, c. M.62, s. 147.
Additional provision of elementary school agreement
148. (1) The boards and the branch affiliates that represent the elementary school teachers employed by the boards may include in an agreement between them mentioned in section 143 any other term or condition of employment that is agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the elementary school teachers employed by the boards. Additional provision of secondary school agreement (2) The boards and the branch affiliates that represent the secondary school teachers employed by the boards may include in an agreement between them mentioned in section 143 any other term or condition of employment of the teachers that is agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the secondary school teachers employed by the boards. R.S.O. 1990, c. M.62, s. 148.
Elementary school local agreement
149. (1) A board and the branch affiliates that represent the elementary school teachers employed by the board may negotiate and enter into or renew an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 143. Secondary school local agreement (2) A board and the branch affiliates that represent the secondary school teachers employed by the board may negotiate and enter into or renew an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 143. Priority (3) No board or branch affiliate shall make or renew an agreement respecting a term or condition mentioned in subsection (1) or (2) until an agreement mentioned in subsection 143 (1) or (2), as the case requires, is made or renewed in accordance with this Part and the School Boards and Teachers Collective Negotiations Act. Separate proceedings (4) Negotiations to make or renew an agreement mentioned in section 143 and negotiations to make or renew an agreement mentioned in subsection (1) or (2) may proceed simultaneously and the School Boards and Teachers Collective Negotiations Act applies separately in respect of each such agreement and the negotiations and proceedings in respect of each such agreement. R.S.O. 1990, c. M.62, s. 149.
Application of School Boards and Teachers Collective Negotiations Act
150. (1) Except as modified by this Part, the School Boards and Teachers Collective Negotiations Act applies to negotiations, proceedings and agreements between the boards and the branch affiliates that represent the teachers employed by the boards. Application of Part (2) No agreement between a board and a branch affiliate is valid unless the agreement is made or renewed in accordance with this Part. R.S.O. 1990, c. M.62, s. 150.
Board not to implement variant term or condition of employment
151. (1) No board shall implement a term or condition of employment that is at variance from or inconsistent with an agreement mentioned in section 143. Direction by O.L.R.B. (2) Where, on the application of a board, the Ontario Labour Relations Board is satisfied that a board is implementing a term or condition of employment that is within the scope of and that is at variance from or inconsistent with an agreement mentioned in section 143, the Ontario Labour Relations Board may so declare and may direct what action boards, branch affiliates, and their employees and agents shall do or refrain from doing with respect to the term or condition of employment. Enforcement (3) The Ontario Labour Relations Board shall file in the Ontario Court (General Division) a copy of a direction made under subsection (1), exclusive of the reasons therefor, and the direction shall be entered and is enforceable in the same way as a judgment or order of the court. Application of Labour Relations Act (4) The Labour Relations Act applies, with necessary modifications, in respect of proceedings before the Ontario Labour Relations Board under this section. R.S.O. 1990, c. M.62, s. 151.
Definitions
152. (1) In this section, “additional”, in relation to teachers, means in addition to the teachers that a board is entitled to employ under an agreement under section 143; (“supplémentaire”) “school year” has the same meaning as in the Education Act. (“année scolaire”) R.S.O. 1990, c. M.62, s. 152 (1). Employment of additional teachers (2) A board of education may employ in a year more elementary school teachers or secondary school teachers or both than the board of education is entitled to employ under an agreement under section 143 if the expenditure attributable to the employment of the additional teachers, (a) is not included in the portion of the estimates of the board of education approved by the School Board; and (b) does not exceed the aggregate of the amounts that are required to be transferred to the board of education under section 155 by the council of the area municipality in which the board of education has jurisdiction and by the School Board. R.S.O. 1990, c. M.62, s. 152 (2); 1994, c. 27, s. 111 (7). Limitation (3) Where in a year the School Board has increased the apportionment of an area municipality under subsection 139 (10), the maximum amount of expenditure attributable to the employment of the additional teachers limited by clause (2) (b) shall be reduced by the amount, if any, by which the apportionment was increased under subsection 139 (10). 1994, c. 27, s. 111 (8). Termination of teachers’ employment (4) Where the increase in the apportionment mentioned in subsection (3) exceeds the aggregate of the amounts mentioned in clause (2) (b), the board of education, (a) shall not continue the employment of the additional teachers beyond the end of the school year that ends in the year in which the apportionment is increased; and (b) shall not employ more additional teachers in the year in which the apportionment is increased. 1994, c. 27, s. 111 (9). (5), (6) Repealed: 1994, c. 27, s. 111 (9).
Payment by Metropolitan Corporation
153. (1) The Metropolitan Corporation shall pay to the School Board, in monthly instalments, the money required by the School Board as shown in its estimates submitted under clause 139 (1) (g), except the money required for the purposes of subclauses (iv) and (v) of such clause, and the money required for the purposes of such subclause (v) shall be paid to the School Board from time to time as required. Payment by School Board to boards of education (2) The School Board shall pay to each board of education in the Metropolitan Area, in monthly instalments, the money required by such board of education as shown in its estimates approved by the School Board, except money approved for permanent improvements, which shall be paid to such board of education from time to time as required, but the total of such monthly payments shall be reduced by the amounts, if any, that are deducted from the legislative grants for payment to the Teachers’ Superannuation Fund and the Canada Pension Plan on behalf of the teachers employed by that board of education. R.S.O. 1990, c. M.62, s. 153.
Legislative grants
154. (1) The special and general legislative grants, which but for this Act would be payable to boards of education in the Metropolitan Area, shall be calculated as provided in the regulations. Grants payable to School Board (2) The special and general legislative grants, except those paid to boards of education under subsection (3), shall be paid to the School Board. Grants payable to boards of education (3) The legislative grants in respect of expenditures made by a board of education for the construction of classrooms to the extent that such expenditures were approved by the Minister and raised entirely by levies under subsection 155 (9) in the area municipality in which such board of education has jurisdiction, shall be paid to the board of education. R.S.O. 1990, c. M.62, s. 154.