Education Act R. S. O. 1990, chapter e. 2 Historical version for the period April 19, 2016 to June 8, 2016

33. establish evening classes; R.S.O. 1990, c. E.2, s. 171 (1), par. 33.

34. erect and maintain any wall or fence considered necessary by the board for enclosure of the school premises; R.S.O. 1990, c. E.2, s. 171 (1), par. 34.

35. contribute toward the support of school fairs; R.S.O. 1990, c. E.2, s. 171 (1), par. 35.

36. authorize such school activities as pertain to the welfare of the pupils and exercise jurisdiction in respect thereof; R.S.O. 1990, c. E.2, s. 171 (1), par. 36.

37. operate a cafeteria for the use of the staff and pupils; R.S.O. 1990, c. E.2, s. 171 (1), par. 37.

38. institute a program of records management that will, subject to the regulations in respect of pupil records,

i. provide for the archival retention by the board or the Archivist of Ontario of school registers, minute books of the board and its predecessors, documents pertaining to boundaries of school sections, separate school zones and secondary school districts, original assessment and taxation records in the possession of the board and other records considered by the board to have enduring value or to be of historical interest, and

ii. establish, with the written approval of the auditor of the board, schedules for the retention, disposition and eventual destruction of records of the board and of the schools under its jurisdiction other than records retained for archival use; R.S.O. 1990, c. E.2, s. 171 (1), par. 38.

39. employ and pay teachers, when so requested in writing by a charitable organization having the charge of children of school age, for the education of such children, whether such children are being educated in premises within or beyond the limits of the jurisdiction of the board, and pay for and furnish school supplies for their use; R.S.O. 1990, c. E.2, s. 171 (1), par. 39.

40. with the approval of the Minister, conduct an education program in a centre, facility, home, hospital or institution that is approved, designated, established, licensed or registered under any Act and in which the Ministry does not conduct an education program, or in a demonstration school for exceptional pupils; R.S.O. 1990, c. E.2, s. 171 (1), par. 40.

41. provide for maternity leave for a teacher or designated early childhood educator, not exceeding two years for each pregnancy; R.S.O. 1990, c. E.2, s. 171 (1), par. 41; 2010, c. 10, s. 8 (8).

42. when requested by the board of a cerebral palsy treatment centre school, a crippled children’s treatment centre school, a hospital school or a sanatorium school, and with the approval of the Minister, by agreement, assume the assets and liabilities of such board and continue to operate such a school, and, upon the effective date of the agreement between the two boards, the board making the request is dissolved; R.S.O. 1990, c. E.2, s. 171 (1), par. 42.

43. Repealed: 1997, c. 31, s. 82 (4).

agreement for provision and use of recreational facilities

44. with the approval of the Minister, enter into an agreement with a university, college of a university, or the board of governors of a polytechnical institute or of a college of applied arts and technology, in respect of the provision, maintenance and use of educational or recreational facilities on the property of either of the parties to the agreement; R.S.O. 1990, c. E.2, s. 171 (1), par. 44.

45. pass a resolution referred to in subsection 57 (1) of the Municipal Elections Act, 1996; 1996, c. 32, s. 70 (4).

46. provide for insurance against risks that may involve pecuniary loss or liability on the part of the board, and for paying premiums therefor; R.S.O. 1990, c. E.2, s. 171 (1), par. 46.

47. Repealed: 1997, c. 31, s. 82 (5).

child care facilities

48. construct and renovate child care facilities in any school; 1991, c. 10, s. 5 (1).

49. establish, operate and maintain child care centres within the meaning of the Child Care and Early Years Act, 2014, subject to that Act. 2014, c. 11, Sched. 4, s. 3.

50. Repealed: 1996, c. 13, s. 6 (2).

Powers of boards re: days of work

(2)  A board may require teachers and designated early childhood educators to work during some or all of the five working days preceding the start of the school year. 1997, c. 31, s. 82 (6); 2010, c. 10, s. 8 (9).

(3)  A board may authorize the principal of a school to make determinations respecting the work to be done by teachers and designated early childhood educators of the school during the working days referred to in subsection (2) and the principal shall exercise that discretion subject to the authority of the appropriate supervisory officer. 1997, c. 31, s. 82 (6); 2010, c. 10, s. 8 (10).

(4)  For the purposes of subsections (2) and (3), a working day is a day other than Saturday or a holiday as defined in Part VI (Interpretation) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 107 (1).

(5)  Work that may be required under subsections (2) and (3) includes but is not limited to participation in professional development activities. 1997, c. 31, s. 82 (6).

1991, c. 10, s. 5 (1) - 27/06/1991; 1992, c. 32, s. 9 - 3/04/1995; 1993, c. 11, s. 31 (3) - 29/07/1993; 1996, c. 2, s. 65 - 29/03/1996; 1996, c. 13, s. 6 (1) - 1/07/1996; 1996, c. 13, s. 6 (2) - 27/06/1996; 1996, c. 32, s. 70 (4) - 19/12/1996; 1997, c. 31, s. 82 (1-6) - 1/01/1998

171.1  (1)  In this section,

“college” means a board of governors of a college of applied arts and technology established in accordance with section 3 of the Ontario Colleges of Applied Arts and Technology Act, 2002; (“collège”)

“hospital” has the same meaning as “board” in section 1 of the Public Hospitals Act; (“hôpital”)

“municipality” includes an upper-tier municipality; (“municipalité”)

“university” means a degree granting institution authorized under section 3 of the Post-secondary Education Choice and Excellence Act, 2000. (“université”) 1996, c. 13, s. 7; 1997, c. 31, s. 83 (1, 2); 2002, c. 17, Sched. F, Table; 2009, c. 33, Sched. 13, s. 1 (13).

(2)  A board may enter into an agreement with another board or with a municipality, hospital, university or college for one or more of the following purposes:

1. The joint provision or use of transportation services.

2. The joint provision or use of administrative support services or operational support services.

3. The joint provision or use of support services for educational programs.

4. The joint provision or use of equipment or facilities for administrative or operational purposes.

5. The joint investment of funds.

6. A purpose prescribed under clause (5) (a). 1996, c. 13, s. 7.

(3)  A board may enter into an agreement with any class of persons or organizations prescribed under clause (5) (b) for any purpose prescribed in connection with the class of persons or organizations under clause (5) (c). 1996, c. 13, s. 7.

(4)  No agreement entered into under this section for the joint investment of funds may,

(a) affect an education development charges account established under an education development charge by-law to which section 257.103 applies; or

(b) provide for investment by a board that is not permitted by subsection 241 (1). 1997, c. 31, s. 83 (3); 2009, c. 34, Sched. I, s. 2.

(5)  The Lieutenant Governor in Council may make regulations,

(a) prescribing purposes for the purpose of paragraph 6 of subsection (2);

(b) prescribing classes of persons and organizations for the purpose of subsection (3);

(c) prescribing, in connection with any class of persons or organizations prescribed under clause (b), any of the purposes mentioned in paragraphs 1 to 5 of subsection (2) or prescribed under clause (a). 1996, c. 13, s. 7.

Classes

(6)  A class prescribed under subsection (5) may be defined with respect to any characteristic and may be defined to consist of or to include or exclude any specified member. 1996, c. 13, s. 7.

(7)  This section shall not be interpreted to authorize a board or any other person to acquire, provide or use any thing or service that it would not otherwise be authorized to acquire, provide or use. 1996, c. 13, s. 7.

(8)  Where a board is permitted to do a thing by or under this section as well as by or under another provision of this or any other Act, any conditions or requirements set out by or under the other provision that relate in any way to the doing of the thing must be complied with. 1996, c. 13, s. 7.

1996, c. 13, s. 7 - 27/06/1996; 1997, c. 31, s. 83 (1, 3) - 1/01/1998

1997, c. 31, s. 84 - 1/01/1998

173.  (1)  Any person may, with the approval of the board concerned, establish scholarships, bursaries or prizes.

(2)  A board may award bursaries or prizes to its pupils under such terms and conditions as the board may prescribe. R.S.O. 1990, c. E.2, s. 173.

1997, c. 31, s. 85 - 1/01/1998

1997, c. 31, s. 85 - 1/01/1998

Benefits

Insurance: accident, liability, etc.

176.  A board may,

1. provide, by contract with an insurer licensed under the Insurance Act,

i. group accident insurance to indemnify a member of a board or of an advisory committee appointed by a board or his or her estate against loss in case he or she is accidentally injured or killed, and

ii. group public liability and property damage insurance to indemnify a member of a board or of an advisory committee appointed by a board or his or her estate in respect of loss or damage for which he or she has become liable by reason of injury to persons or property or in respect of loss or damage suffered by him or her by reason of injury to his or her own property,

while travelling on the business of the board or in the performance of duties as a member of the board or of an advisory committee either within or outside the area over which the board has jurisdiction; R.S.O. 1990, c. E.2, s. 176, par. 1.

2. Repealed: 1997, c. 31, s. 86.

3. where, in co-operation with business, industry or other enterprise, it provides for pupils training programs designed to supplement the courses given in its schools, provide, by contract with an insurer under the Insurance Act, accident insurance to indemnify such pupils against loss in case they are accidentally injured while participating in such a program and public liability insurance to insure such pupils and the board against loss or damage to the person or property of others while the pupils are participating in such a program; R.S.O. 1990, c. E.2, s. 176, par. 3.

4. provide, by contract with an insurer under the Insurance Act, accident and life insurance for pupils, the cost of which is to be paid on a voluntary basis by the parents or guardians. R.S.O. 1990, c. E.2, s. 176, par. 4.

1997, c. 31, s. 86 - 1/01/1998

177.  (1)  Subject to the Health Insurance Act, a board by resolution may provide,

(a) by contract either with an insurer licensed under the Insurance Act or with an association registered under the Prepaid Hospital and Medical Services Act,

(i) group life insurance for its employees or any class thereof and their spouses and children,

(ii) group accident insurance or group sickness insurance for its employees or any class thereof and their spouses and children, and

(iii) hospital, medical, surgical, nursing or dental services, or payment therefor, for employees or any class thereof and their spouses and children; and

(b) for payment by the board of the whole or part of the cost of any insurance or services provided under this subsection. R.S.O. 1990, c. E.2, s. 177 (1); 1999, c. 6, s. 20 (4); 2005, c. 5, s. 21 (7).

Contributions re insured services

(2)  A board may by resolution provide for paying the whole or part of the cost to employees of insured services under the Health Insurance Act. R.S.O. 1990, c. E.2, s. 177 (2).

(3)  If a person retires from employment with a board before he or she reaches 65 years of age, the board may retain the person in a group established for the purpose of a contract referred to in clause (1) (a) until the person reaches 65 years of age. 1994, c. 27, s. 108 (7).

(4)  If a person is retained in a group under subsection (3), the premium required to be paid to maintain the person’s participation in the contract may be paid, in whole or in part, by the person or by the board. 1994, c. 27, s. 108 (7).

1994, c. 27, s. 108 (7) - 9/12/1994; 1999, c. 6, s. 20 (4) - 1/03/2000

178.  (1)  A board, by resolution, may provide pensions for employees or any class thereof under the Ontario Municipal Employees Retirement System Act, 2006. R.S.O. 1990, c. E.2, s. 178 (1); 2006, c. 2, s. 47.

(2)  Despite subsection (1), a board that made contributions to an approved pension plan, as defined in subsection 117 (1) of the Municipal Act, being chapter M.45 of the Revised Statutes of Ontario, 1990, may continue to provide pensions under such plan, and despite the repeal of section 117 of that Act, that section, as it read immediately before its repeal, continues to apply with necessary modifications. 2002, c. 17, Sched. F, Table.

(3)  In this section,

“employee” does not include a teacher or supervisory officer or an administrative officer who is a member of the Ontario College of Teachers and who is eligible to contribute to the pension fund maintained to provide benefits in respect of The Ontario Teachers’ Pension Plan. R.S.O. 1990, c. E.2, s. 178 (3); 1996, c. 12, s. 64 (10).

Rights continued

(4)  Where a person has rights under this section in relation to an old board and the old board is amalgamated or merged with a district school board under Part II.2, the rights of the person are the same immediately after the amalgamation or merger as they were immediately before the amalgamation or merger and, for the purpose, the district school board stands in the place of the old board. 1997, c. 31, s. 87.

(5)  Repealed: 1997, c. 31, s. 87.

Section Amendments with date in force (d/m/y)

1996, c. 12, s. 64 (10) - 20/05/1997; 1997, c. 31, s. 87 - 1/01/1998

179.  (1)  A board may grant an annual retirement allowance, payable weekly, monthly or otherwise for such period as the board may determine, to any employee of the board who has been in the service of the board for at least twenty years and who,

(a) is retired because of age; or

(b) while in the service has become incapable through illness or otherwise of efficiently discharging his or her duties,

provided that no retirement allowance shall be granted under this section which, together with the amount of any pension payments payable to the employee in any year under a pension plan of the board or any municipality or under the Teachers’ Pension Act, will exceed three-fifths of the employee’s average annual salary for the preceding three years of his or her service. R.S.O. 1990, c. E.2, s. 179 (1).

Surviving spouse

(2)  Where an employee,

(a) has been granted an annual retirement allowance under subsection (1) and subsequently dies; or

(b) would have been eligible, except for his or her death, for such an allowance,

the board may grant to the surviving spouse of such employee for such period as the board may determine an annual allowance, not exceeding one-half of the maximum allowance that may be granted under subsection (1). R.S.O. 1990, c. E.2, s. 179 (2); 2005, c. 5, s. 21 (8).

Definition

(3)  In subsection (1),

“pension payments” means, in the case of pension payments under a board or municipal plan, only such payments that result from joint contributions of the employer and employee and does not include any such payments that result solely from contributions of the employee. R.S.O. 1990, c. E.2, s. 179 (3).

Limitation on application of section

(4)  Where the board has a pension plan in operation, or where a municipality has a pension plan in operation in which the employees of the board are included, this section applies only to employees who were in the employ of the board on or before the 1st day of July, 1954, and in any event does not apply to any employee who enters the service of the board after the 1st day of July, 1956. R.S.O. 1990, c. E.2, s. 179 (4).

180.  (1)  A board, by resolution, may establish a system of sick leave credit gratuities for employees or any class thereof provided that on the termination of his or her employment no employee is entitled to more than an amount equal to the employee’s salary, wages or other remuneration for one-half the number of days standing to the employee’s credit and, subject to subsection (3), in any event not in excess of the amount of one-half year’s earnings at the rate received by the employee immediately prior to termination of employment. R.S.O. 1990, c. E.2, s. 180 (1).

(2)  Where a sick leave gratuity is paid upon termination of employment, the number of days used to calculate the amount of the gratuity ceases to stand to the credit of the employee and is not available for transfer or reinstatement of credits under subsection (4). R.S.O. 1990, c. E.2, s. 180 (2).

(3)  Where, pursuant to a collective agreement, or a policy of the board, an employee to whom subsection (1) applies has elected to accept a reduction in employment from full-time to part-time employment in respect of one or more years or school years, as the case may be, including the year or school year immediately preceding the employee’s termination of employment by reason of retirement, the limitation upon the amount of the gratuity payable under subsection (1) does not apply to the employee and, in lieu thereof, the maximum amount receivable by the employee shall not be in excess of an amount equal to one-half of the full-time annual rate of the earnings received by the employee for the last complete year or school year, as the case may be, in which the employee was employed by the board. R.S.O. 1990, c. E.2, s. 180 (3).

(4)  Where an employee of a board that has established a sick leave credit plan under this or any other general or special Act becomes an employee of another board that has also established a sick leave credit plan under this or any other general or special Act, the latter board shall, subject to the limitation in subsection (7), place to the credit of the employee the sick leave credits standing to the credit of the employee in the plan of the first-mentioned board. R.S.O. 1990, c. E.2, s. 180 (4).

(5)  Despite subsection (4), where the contract of employment of an employee of a board has become an obligation of another board by or under any Act, the latter board shall place to the credit of the employee the sick leave credits and the termination of employment benefits standing to the employee’s credit in the system of sick leave credit gratuities of the first-mentioned board. R.S.O. 1990, c. E.2, s. 180 (5).

(6)  Where an employee of a municipality or a local board, as defined in the Municipal Affairs Act, except a school board, that has established a sick leave credit plan under any general or special Act, becomes an employee of a board that has established a sick leave credit plan under this or any other general or special Act, the board shall, subject to the limitation in subsection (7), place to the credit of the employee the sick leave credits standing to the credit of the employee in the plan of such municipality or local board. R.S.O. 1990, c. E.2, s. 180 (6).

(7)  The amount of sick leave credits placed to the credit of an employee under subsection (4) or (6) shall not exceed the amount of cumulative sick leave credits permitted under the plan to which the credits are placed. R.S.O. 1990, c. E.2, s. 180 (7).

(8)  Repealed: 1993, c. 11, s. 32.

(9)  Repealed: 1993, c. 11, s. 32.

(10)  Repealed: 1997, c. 31, s. 88.

Section Amendments with date in force (d/m/y)

1993, c. 11, s. 32 - 29/07/1993; 1997, c. 31, s. 88 - 1/01/1998

180.1  (1)  If regulations are made under subsection (2), section 180 is inoperative to the extent of any conflict with those regulations. 2012, c. 11, s. 21 (1).

(2)  The Lieutenant Governor in Council may make regulations,

(a) prescribing and governing the terms of any system of sick leave credits and sick leave credit gratuities provided by a board;

(b) prescribing and governing the terms respecting sick leave credits and sick leave credit gratuities that shall be included or deemed to be included in a collective agreement;

(c) providing for and governing the termination of systems of sick leave credits and sick leave credit gratuities authorized under subsection 180 (1), including providing for the elimination of sick leave credits that an employee has accumulated under the system and limiting the amount of a gratuity that may be paid in respect of any such credits. 2012, c. 11, s. 21 (1).