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

(3)  A regulation made under subsection (2) may apply with respect to any period specified in the regulation, including a period before the regulation is filed or before the day subsection 1 (1) of the Putting Students First Act, 2012 comes into force, but shall not apply to a period before which any applicable restraint period, as defined in that Act, begins. 2012, c. 11, s. 21 (1).

(4)  Section 14, subsections 15 (1) and (3), 16 (1) and (2) and section 18 of the Putting Students First Act, 2012 apply, with the following and any other necessary modifications, in respect of this section and the regulations made under it:

1. A reference to the Putting Students First Act, 2012 or to a provision of that Act shall be read as a reference to this section, and a reference to a regulation made under that Act shall be read as a reference to a regulation made under subsection (2).

2. The reference in subsection 15 (3) of the Putting Students First Act, 2012 to a term described in subsection 4 (1) of that Act shall be read as a reference to a term prescribed under subsection (2). 2012, c. 11, s. 21 (1).

Agreements

181.  (1)  A board may, subject to subsection (2), enter into an agreement with another board to provide, for the other board for such periods and under such conditions as are specified in the agreement,

(a) accommodation and equipment for administrative purposes;

(b) accommodation and equipment for instructional and other educational purposes;

(c) the services of teachers, designated early childhood educators and other personnel; or

(d) the transportation of pupils,

that the board by this Act is authorized or required to provide for its own pupils. R.S.O. 1990, c. E.2, s. 181 (1); 2010, c. 10, s. 9 (1).

Where building, additions, etc., required

(2)  Where the construction of a school building or an addition, alteration or improvement to a school building is required under an agreement made under subsection (1), the agreement shall make provision for the payment of the cost of such building, addition, alteration or improvement. R.S.O. 1990, c. E.2, s. 181 (2); 1997, c. 31, s. 89.

(3)  Repealed: 2009, c. 25, s. 18.

Fees, exception

(4)  Despite the regulations, other than the regulations made under Part IX.1, an agreement under this section may provide for the calculation and payment of fees in respect of pupils covered by the agreement. 2010, c. 10, s. 9 (2).

1997, c. 31, s. 89 - 1/01/1998

182.  (1)  A French-language public district school board that has jurisdiction in an area that is also the area or part of the area of jurisdiction of a French-language separate district school board may, with the approval of the Minister, enter into an agreement with the separate district school board to transfer a secondary school of the public district school board. 1997, c. 31, s. 90.

(2)  A transfer of a secondary school referred to in subsection (1) is not a closing of the secondary school. R.S.O. 1990, c. E.2, s. 182 (2).

1997, c. 31, s. 90 - 1/01/1998

183.  (1)  In this section,

“municipality” includes an upper-tier municipality and a local board, as defined in the Municipal Affairs Act, but does not include a board as defined in subsection 1 (1). 2002, c. 17, Sched. F, Table.

Same

(2)  One or more boards and the council of a municipality or the councils of two or more municipalities may enter into an agreement,

(a) in respect of the use of existing facilities owned by one of such parties; or

(b) for the purpose of establishing and providing for the maintenance and operation of facilities on the property of any of the parties to such agreement,

for such cultural, recreational, athletic, educational, administrative or other community purposes as are set out in the agreement, and such agreement shall include provision for,

(c) the acquisition of any land that may be required for the purposes of the agreement, and the manner of approving and the method of apportioning the cost thereof;

(d) the manner of approving and the method of apportioning the cost of the construction, maintenance and operation of the facilities;

(e) the manner in which each party to the agreement shall pay its portion of the costs referred to in clauses (c) and (d) and the times when such costs shall be paid;

(f) the regulation, control and use of the facilities including the charging of fees for admission thereto; and

(g) the duration of the agreement and the manner in which and the terms upon which it may be terminated. R.S.O. 1990, c. E.2, s. 183 (2).

(3)  Where, pursuant to an agreement made under this section, a permanent improvement is required, it shall not be proceeded with until such plans and specifications therefor as are required by the Minister have been approved by the Minister. R.S.O. 1990, c. E.2, s. 183 (3).

(4)  This section does not affect an agreement entered into before the 23rd day of June, 1972,

(a) under subsection 168 (2) of the Municipality of Metropolitan Toronto Act; or

(b) between a board and the council of a municipality, including a regional municipality or a county, or a local board thereof, for fulfilling, executing or completing, at their joint expense or at the expense of either of the parties to the agreement, any undertaking for the joint benefit of the parties to the agreement, including the joint use of educational and municipal facilities,

but an amendment to an agreement referred to in clause (a) or (b) or an agreement to which the said subsection 168 (2) applies may be made only in accordance with this section. R.S.O. 1990, c. E.2, s. 183 (4); 1997, c. 31, s. 91 (2).

(5)  Repealed: 2002, c. 17, Sched. F, Table.

1997, c. 31, s. 91 (2) - 1/01/1998

184.  (1)  A board may enter into an agreement with another board to provide education for pupils of the one board in a school or schools operated by the other board. 1997, c. 31, s. 92.

(2)  Where an agreement is entered into under subsection (1), the board requesting the instruction shall pay to the board providing the instruction the fees, if any, payable for the purpose under the regulations. 1997, c. 31, s. 92.

1997, c. 31, s. 92 - 1/01/1998

185.  A board may provide for the admission of one or more of its pupils to a school for Indian children operated by a band, council of a band or an education authority where the band, council of the band or education authority is authorized by the Crown in right of Canada to provide education for Indians, subject to the approval of the band, council of the band or education authority, and the accommodation provided under the arrangement shall be in place of the accommodation that the board is required by this Act to provide for those pupils. 1997, c. 31, s. 93; 2006, c. 10, s. 13.

1997, c. 31, s. 93 - 1/01/1998

186.  Where a board has arranged under section 184 or 185 for the admission of all its pupils to a school or schools that the board does not operate, the board may close its school for the period during which the arrangement or arrangements are in effect. 1997, c. 31, s. 94.

1997, c. 31, s. 94 - 1/01/1998

187.  A board may enter into an agreement with the Crown in right of Canada for such periods and under such conditions as are specified in the agreement whereby the board may provide for the education of pupils who reside on land held by the Crown in right of Canada in a school or schools operated by the board on land owned by the board or held by the Crown in right of Canada. R.S.O. 1990, c. E.2, s. 187.

188.  (1)  A board may enter into an agreement with,

(a) the Crown in right of Canada; or

(b) a band or the council of the band or an education authority where such band, the council of the band or education authority is authorized by the Crown in right of Canada to provide education for Indians,

to provide for Indian pupils, for the period specified in the agreement, accommodation, instruction and special services in the schools of the board, and such agreement shall provide for the payment by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, of fees calculated in accordance with the regulation governing the fees payable by Canada. R.S.O. 1990, c. E.2, s. 188 (1).

Agreements re instruction in Indian schools

(2)  A board may enter into an agreement with,

(a) the Crown in right of Canada; or

(b) a band, the council of the band or an education authority referred to in clause (1) (b),

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, the band, the council of the band or the education authority, as the case may be, and such agreement shall provide for the payment by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, of the full cost of the provision of the instruction and special services. R.S.O. 1990, c. E.2, s. 188 (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).

(4)  A board shall not enter into an agreement under subsection (1), (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 (1) or (3), the cost of such services is payable by the Crown in right of Canada. R.S.O. 1990, c. E.2, s. 188 (4).

(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 there is agreement under this Act to provide instruction to pupils who are Indians within the meaning of the Indian Act (Canada). 1997, c. 31, s. 95.

(6)  A regulation under this section may provide for the type and extent of participation by the persons appointed. 1997, c. 31, s. 95.

(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.

(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.

(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)  Repealed: 1997, c. 31, s. 95.

(11)  Repealed: 1997, c. 31, s. 95.

(12)  Repealed: 1997, c. 31, s. 95.

(13)  Repealed: 1997, c. 31, s. 95.

1997, c. 31, s. 95 - 1/01/1998

189.  (1)  In this section,

“adult basic education” means programs and courses that are designed to develop and improve the basic literacy and numeracy skills of adults. R.S.O. 1990, c. E.2, s. 189 (1).

Same

(2)  Subject to the approval of the Minister, a board may, in respect of persons who reside in the area of jurisdiction of the board, enter into an agreement in writing with a college of applied arts and technology under which the college of applied arts and technology provides for the board such adult basic education as is specified in the agreement. R.S.O. 1990, c. E.2, s. 189 (2); 2006, c. 10, s. 14.

(3)  A board may, in respect of persons who reside in the area of jurisdiction of the board, enter into an agreement in writing with a community group for the provision by the group of adult basic education that is approved by the Minister. R.S.O. 1990, c. E.2, s. 189 (3).

189.1  (1)  Subject to subsection (2), one or more boards may enter into an agreement with one or more groups, organizations or entities approved under paragraph 3.0.1 of subsection 8 (1) to provide for equivalent learning opportunities for pupils of the board or boards and every such agreement shall address such matters and include such requirements as the Minister may specify. 2006, c. 28, s. 12 (1).

(2)  Prior to entering into an agreement, a board shall submit the proposed agreement to the Minister for his or her approval. 2006, c. 28, s. 12 (1).

(2)  The Minister may require boards to submit proposed agreements for his or her approval before entering into them. 2006, c. 28, s. 12 (2).

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

Transportation

190.  (1)  A board may provide for,

(a) a pupil who is enrolled in a school that the board operates;

(a.1) a resident pupil of the board who is enrolled in a school operated by another board under an agreement between the boards;

(b) a pupil in respect of whom the Minister pays the cost of education under the regulations; and

(c) a child over two years of age who may, under the regulations, be admitted to a program for children who are deaf or hard of hearing,

transportation to and from the school that the pupil attends. R.S.O. 1990, c. E.2, s. 190 (1); 1997, c. 31, s. 96 (1); 2016, c. 5, Sched. 8, s. 2.

Idem

(2)  A board may provide for a pupil who is enrolled in a school that the board operates transportation to and from an activity that is part of the program of such school. R.S.O. 1990, c. E.2, s. 190 (2).

(3)  A board may provide for a person who is qualified to be a resident pupil of the board transportation to and from the Ontario School for the Blind, an Ontario School for the Deaf, a demonstration school established by or operated under an agreement with the Minister for pupils with severe communicational exceptionalities, a centre classified as a Group K hospital under the Public Hospitals Act, a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, a psychiatric facility designated as such under the Mental Health Act and a place where an agency approved under subsection 8 (1) of Part I (Flexible Services) of the Child and Family Services Act provides a child development service, a child treatment service or a child and family intervention service. 2009, c. 33, Sched. 8, s. 12.

(4)  A board that operates a secondary school may assist in the provision of transportation for children who are qualified to be resident pupils of the board to and from a centre operated by a local association that is affiliated with the Ontario Association for Community Living. R.S.O. 1990, c. E.2, s. 190 (4); 1997, c. 31, s. 96 (2).

(5)  Repealed: 2009, c. 25, s. 19.

Agreements

(6)  For the purposes of this section, a board may make an agreement or agreements with a corporation, commission or person for the transportation of pupils. 2006, c. 10, s. 15.

(7)  Repealed: 2006, c. 10, s. 15.

Boarding of secondary school pupils

(8)  Where a pupil resides in a school section of a school authority or a separate school zone of a school authority, in a territorial district, with his or her parent or guardian in a residence that is 24 kilometres or more by road or rail from a secondary school that the pupil is eligible to attend, the school authority may reimburse the parent or guardian at the end of each month for the cost of providing for the pupil, board, lodging, and transportation once a week from his or her residence to school and return, in an amount set by the authority for each day of attendance as certified by the principal of the secondary school that the pupil attends. 1997, c. 31, s. 96 (3).

(9)  Where a pupil resides in a territorial district but not in the area of jurisdiction of any board, with his or her parent or guardian in a residence that is 24 kilometres or more by road or rail from a secondary school that the pupil is eligible to attend, the board of the secondary school that the pupil attends may reimburse the parent or guardian at the end of each month for the cost of providing for the pupil, board, lodging, and transportation once a week from his or her residence to school and return, in an amount set by the board for each day of attendance as certified by the principal of the secondary school that the pupil attends. 1997, c. 31, s. 96 (3).

(10)  Where a pupil resides with his or her parent or guardian in the area of jurisdiction of a district school board or a board established under section 67, in a residence that,

(a) in a territorial district is 24 kilometres or more; or

(b) in a municipality that is not in a territorial district is 48 kilometres or more,

by road or rail from a secondary school that the pupil attends, or where a pupil resides with his or her parent or guardian on an island in the area of jurisdiction of a district school board or a board established under section 67, the board of which the pupil is a resident pupil may reimburse the parent or guardian at the end of each month for the cost of providing for the pupil, board, lodging, and transportation once a week from his or her residence to school and return, in an amount set by the board for each day of attendance as certified by the principal of the secondary school that the pupil attends. 1997, c. 31, s. 96 (3); 2000, c. 5, s. 11 (2).

Boarding of elementary school pupils

(11)  Where a pupil resides in a territorial district but not in the area of jurisdiction of any board, with his or her parent or guardian in a residence from which daily transportation to and from an elementary school that the pupil may attend is impracticable due to distance or terrain, as certified by the appropriate supervisory officer of the elementary school nearest the residence, the board of the elementary school that the pupil attends may reimburse the parent or guardian at the end of each month for the cost of providing for the pupil, board, lodging, and transportation once a week from his or her residence to school and return, in an amount set by the board for each day of attendance as certified by the principal of the elementary school that the pupil attends. 1997, c. 31, s. 96 (3).

(12)  Where a pupil resides in the area of jurisdiction of a board with his or her parent or guardian in a residence from which daily transportation to and from an elementary school that the pupil may attend is impracticable due to distance or terrain, as certified by the appropriate supervisory officer, the board of the elementary school of which the pupil is a resident pupil may reimburse the parent or guardian at the end of each month for the cost of providing for the pupil, board, lodging, and transportation once a week from his or her residence to school and return, in an amount set by the board for each day of attendance as certified by the principal of the elementary school that the pupil attends. 1997, c. 31, s. 96 (3).

(13)  For the purpose of certifying attendance under subsections (8) to (12), the principal may add to the number of days of attendance of a pupil the number of days the pupil is excused from attendance under the regulations or is absent by reason of being ill or is absent for any other cause if the principal is of the opinion that the absence was unavoidable. 1997, c. 31, s. 96 (3).

(14)  Repealed: 1997, c. 31, s. 96 (3).

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

1997, c. 31, s. 96 (1-3) - 1/01/1998

2000, c. 5, s. 11 (2) - 1/01/2001

2001, c. 13, s. 16 - 30/11/2001

2006, c. 10, s. 15 - 1/06/2006

2008, c. 14, s. 52 - 1/01/2011

2009, c. 25, s. 19 - 15/12/2009; 2009, c. 33, Sched. 8, s. 12 - 1/01/2011

2016, c. 5, Sched. 8, s. 2 - 19/04/2016

Honoraria

191.  (1)  A board may pay to each of its members an honorarium in an amount determined by the board. 2006, c. 10, s. 16.