Assumption of existing programs
128. (1) The Council shall assume, on the 1st day of January, 1989, the operation of all schools and classes established before that day by the boards of education under Part XII of the Education Act in which French is the language of instruction. Possession of facilities (2) Subject to subsection (3), possession of the facilities used in relation to schools and classes described in subsection (1) vests in the Council on the 1st day of January, 1989 at such rent as the board of education concerned and the Council may agree and the board of education concerned and the Council shall agree upon the allocation and disposition, without compensation, of all other property situate upon or used in connection with the facilities. Ownership of school sites (3) Where possession of all of the lands and premises used as a school site vests in the Council under subsection (2), the ownership of the lands and premises vests in the Council at the same time, without compensation, but subject to all existing debts, contracts, agreements and liabilities of the board of education that pertain to such school site. Dispute (4) Any dispute as to possession of any facilities or the allocation or disposition of property under subsection (2) or the transfer of ownership under subsection (3) may be referred by the Council and the board of education, or either of them, to the Ontario Municipal Board, which shall determine the matters in dispute, and its decision is final. Employees seconded to the Council (5) Subsections (6) to (11) apply to employees who were seconded to the Council by a board of education under subsection 120d (5) of the Municipality of Metropolitan Toronto Act, being chapter 314 of the Revised Statutes of Ontario, 1980 and who exercised the option to have their teaching contracts, contracts of employment or employment relationships, as the case may be, transferred from the board of education to the Council under clause 13 (a) of section 120d or who were deemed to have exercised that option under subsection (21) of that section. Notice to Council (6) Employees who are teachers are, for the purposes of this Act, deemed to constitute bargaining units under the School Boards and Teachers Collective Negotiations Act having regard to the employment of the employees and each such bargaining unit is deemed to have given notice to the Council of its intention under section 9 of that Act to negotiate with the view to making an agreement. Continuation of salary and benefits (7) An employee for whom, as of the 1st day of September, 1990, no new terms of employment have been agreed upon with the Council, shall continue to receive the salary and benefits to which the employee was entitled as an employee of the board of education until such time as new terms and conditions of employment with the Council are agreed upon. Continuous service (8) A transfer of a teaching contract, employment contract or employment relationship does not constitute a break in the continuous service of the employee. Seniority (9) An employee whose teaching contract, employment contract or employment relationship was transferred to the Council shall continue employment with the Council with the same seniority and the same status with respect to being a probationary or permanent employee that the employee had with the appropriate board of education. Retirement gratuity (10) Where an employee whose teaching contract, employment contract or employment relationship was transferred to the Council retires, the amount of the retirement gratuity paid to the employee shall be shared by the board of education from which it was transferred and the Council in the ratio that the number of years of service of the employee with each bears to the total number of years of service of the employee with the board of education and the Council. Bargaining unit, transitional (11) Where the Council appoints a person as an elementary school teacher or a secondary school teacher, the teacher so appointed shall be deemed to be a member of the bargaining unit under the appropriate collective agreement referred to in section 143 that relates to the employment of the teacher and, where appropriate having regard to the location where the teacher is employed, the appropriate collective agreement referred to in section 149, as if the Council were a party to each collective agreement. Idem (12) Where the Council appoints a person as an employee, other than as a teacher, the person so appointed shall be deemed to be a member of the bargaining unit under the appropriate collective agreement having regard to the employment of the person and the location of the employment, as if the Council were a party to the collective agreement. Definition (13) In this section, “seniority” means seniority as agreed upon between the board of education that employed the person and the organization that entered into a collective agreement with the board of education in respect of the person or, where there is no collective agreement, in accordance with the policy of the board of education. R.S.O. 1990, c. M.62, s. 128.