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Education Act
ontario REGULATION 460/97
TRANSITION FROM OLD BOARDS TO DISTRICT SCHOOL BOARDS
Note: This Regulation was revoked on June 4, 2010. See: O.Reg. 201/10, ss.1, 2.
Last amendment: O.Reg. 201/10.
This is the English version of a bilingual regulation.
PART I
DEFINITIONS
1.In this Regulation,
“assets” includes real and personal property; (“éléments d’actif”)
“assets, liabilities and employees”, associated with an old board, means,
(a)the assets and liabilities that the designated board associated with the old board acquired as a result of the merger under section 2 of the old board with the designated board, and
(b)the employees who were transferred under section 2 from the old board to the designated board associated with the old board; (“éléments d’actif, éléments de passif et employés”)
“Commission” means Education Improvement Commission; (“Commission”)
“designated board”, associated with an old board, means the district school board that is listed in Column 2 of Schedule 1, opposite the old board listed in Column 1 of Schedule 1; (“conseil désigné”)
“supported board”, associated with an old board, means the district school board that is listed in Column 3 of Schedule 1, opposite the old board listed in Column 1 of Schedule 1. (“conseil secondé”) O.Reg. 460/97, s.1.
PART II
MERGER OF OLD BOARDS WITH DISTRICT SCHOOL BOARDS AND RELATED EMPLOYEE TRANSFERS
2.Effective January 1, 1998,
(a)each employee of each old board listed in Column 1 of Schedule 1 is transferred to the district school board listed opposite in Column 2 of Schedule 1; and
(b)immediately after the transfer under clause (a), each old board listed in Column 1 of Schedule 1 is merged with and continued as the district school board listed opposite in Column 2 of Schedule 1. O.Reg. 460/97, s.2.
PART III
INTERIM ROLE OF DESIGNATED BOARD
3.(1)Until an order under this Regulation determining the disposition of an asset, liability or employee associated with an old board takes effect, the designated board associated with the old board shall manage the asset, liability or employee.
(2)Where a designated board is required to manage assets, liabilities or employees under subsection (1), it shall do so for and on behalf of,
(a)itself; and
(b)the supported board associated with the old board. O.Reg. 460/97, s.3.
4.(1)The designated board associated with an old board shall exercise the powers and carry out the duties of the supported board associated with the old board as necessary in order to,
(a)provide continuity in the education of pupils who have the right to attend schools governed by the supported board; and
(b)permit a smooth transition from governance by the old board to governance by the district school boards.
(2)Thedesignated board shall not exercise any power or carry out any duty of the supported board under this section after the earlier of,
(a)December 31, 1998; and
(b)a date specified for the purposes of this subsection by the Commission in relation to the designated board and the supported board, in a written notice to the two boards. O.Reg. 460/97, s.4.
5.(1)For the purposes of sections 3 and 4, in order to ensure that the governance role of the supported board associated with an old board is respected as required by subsection 58.2.1 (7) of the Act, the designated board associated with the old board shall,
(a)be guided by the principles underlying sections 312, 318 and 325 of the Act, as it read immediately before January 1, 1998; and
(b)follow any directives issued by the Commission under subsection (2).
(2)The Commission may issue directives to district school boards respecting how the requirements of the following provisions are to be met:
1.Subsection (1) of this section.
2.Sections 3 and 4.
3.Subsection 58.2.1 (7) of the Act.
(3)In issuing a directive under subsection (2), the Commission shall be guided by the principles underlying sections 312, 318 and 325 of the Act, as it read immediately before January 1, 1998. O.Reg. 460/97, s.5.
6.(1)This section applies where,
(a)on December 31, 1997, there is an agreement in effect between two old boards; and
(b)on January 1, 1998, the old boards are merged with district school boards.
(2)Until January 1, 1999, the district school boards referred to in clause (1) (b) may not amend or revoke the agreement referred to in clause (1)(a) without the prior written approval of the Commission.
(3)The Commission shall not give the approval without giving each district school board with an interest in the agreement an opportunity to make representations to the Commission. O.Reg. 460/97, s.6.
PART IV
ORDERS ON JOINT REQUEST
Joint Request for Order
7.(1)The supported board associated with an old board and the designated board associated with the old board may jointly request, in writing, that the Commission make an order with respect to any asset, liability or employee associated with the old board.
(2)A joint request may be made under subsection (1) at any time before the Commission makes an order under this Regulation determining the disposition of the asset, liability or employee.
(3)A joint request may be in respect of any group of assets, liabilities and employees associated with one or more old boards with which both the designated board and the supported board are associated.
(4)The joint request must identify the assets, liabilities and employees that are the subject of the request and, with respect to each, state whether the asset, liability or employee should be transferred to the supported board or remain with the designated board.
(5)The joint request may include representations respecting the proposed disposition, including but not limited to representations respecting,
(a)the timing of any transfer; and
(b)the terms and conditions to which the transfer order should be subject. O.Reg. 460/97, s.7.
Authority of Commission to Make Order on Joint Request
8.(1)The Commission may make an order under this Part determining the disposition of assets, liabilities and employees that are the subject of a joint request.
(2)Subject to subsections (4) and (5) and section 9, the order may be in accordance with the joint request or may vary from it, as the Commission considers appropriate having regard to,
(a)the needs of the designated board;
(b)the needs of the supported board; and
(c)where applicable, the interests described in subsection 33 (4).
(3)In addition to the matters mentioned in clauses (2) (a) to (c), in the case of an order respecting an employee, the Commission may take into account the preferences of the employee where the Commission considers it appropriate to do so.
(4)Subject to subsections (5) and (6) and section 9, the order,
(a)shall specify the time at which the disposition of each asset, liability or employee is to take effect; and
(b)may be made subject to the terms and conditions that the Commission considers appropriate having regard to the matters referred to in clauses (2) (a) to (c).
(5)The Commission shall not make an order respecting any asset, liability or employee under this Part unless,
(a)the Commission is satisfied that the order will not unduly impair the ability of the designated board to exercise its powers, carry out its duties and conduct its day-to-day operations;
(b)the Commission is satisfied that the supported board will be able to discharge its administrative and operational responsibilities for the assets, liabilities and employees that will be transferred to it under the order; and
(c)the designated board and the supported board state in writing that they agree with the order.
(6)In addition, the Commission shall not make an order under this Part determining whether an employee is to be transferred to a supported board or is to remain with a designated board unless,
(a)the employee agrees to the determination in writing;
(b)the employee has been notified in accordance with directives issued by the Commission of the proposal with respect to him or her in the joint request, 15 days have elapsed from the notification and no dispute resolution process is ongoing under Part V with respect to the employee; or
(c)the employee has been the subject of a dispute resolution process under Part V and that process is no longer ongoing, whether because of the issuance of a notice under section 13 or because the process as established by the Commission’s directives has been completed. O.Reg. 460/97, s.8.
Timing of Orders on Joint Request
9.(1)Subject to subsections (2) and (4), an order under this Part determining the disposition of an asset, liability or employee shall not be made after August 31, 1998 and shall not provide for the transfer of any asset, liability or employee after August 31, 1998. O.Reg. 460/97, s.9(1); O.Reg. 477/98, s.1(1).
(2)The Commission may make an order under this Part determining the disposition of an asset or liability at any time before January 1, 1999 if, on August 31, 1998, a dispute resolution process under Part V as to the disposition is ongoing.
(3)An order made under subsection (2) shall not provide for the transfer of any asset or liability after December 31, 1998. O.Reg. 460/97, s.9(2, 3).
(4)The Commission may make an order under this Part determining the disposition of an employee at any time before October 31, 1998 if,
(a)on August 31, 1998, the employee was employed by the Algoma District School Board or the Rainbow District School Board; and
(b)on or after August 31, 1998, a dispute resolution process under Part V as to the disposition of the employee was ongoing.
(5)An order made under subsection (4) shall not provide for the transfer of an employee after October 30, 1998. O.Reg. 477/98, s.1(2).
PART V
DISPUTE RESOLUTION PROCESS
10.(1)The Commission shall establish a process for resolving disputes with respect to the holding in trust, transfer and vesting of assets, the transfer of liabilities and the transfer of employees of old boards to and among district school boards.
(2)A hearing under the dispute resolution process, whether written or oral, shall be held by the Commission or by a panel, established under section 27, of one or more members of the Commission.
(3)The Commission may issue directives for the purpose of implementing the dispute resolution process. O.Reg.460/97, s.10.
11.(1)Subject to subsection (1.1), the Commission shall take such steps and issue such directives as it considers necessary to ensure that, by August 31, 1998, all dispute resolution processes respecting employees,
(a)are completed in accordance with the Commission’s directives establishing the dispute resolution process; or
(b)are discontinued because of the issuance of a notice under section 13. O.Reg. 460/97, s.11(1); O.Reg. 477/98, s.2(1).
(1.1)The Commission shall take such steps and issue such directives as it considers necessary to ensure that, by October 30, 1998, all dispute resolution processes respecting employees described in clause 9 (4) (a),
(a)are completed in accordance with the Commission’s directives establishing the dispute resolution process; or
(b)are discontinued because of the issuance of a notice under section 13. O.Reg. 477/98, s.2(2).
(2)The Commission shall take such steps and issue such directives as it considers necessary to ensure that, by December 31, 1998, all dispute resolution processes respecting assets and liabilities,
(a)are completed in accordance with the Commission’s directives establishing the dispute resolution process; or
(b)are discontinued because of the issuance of a notice under section 13. O.Reg. 460/97, s.11(2).
12.(1)Subject to section 13, the dispute resolution process applies to every asset and liability associated with an old board the disposition of which has not been determined by an order under Part IV before April 1, 1998.
(2)Subject to section 13, the dispute resolution process applies to every employee associated with an old board whose disposition has not been determined by an order under Part IV before March 1, 1998.
(3)Subject to section 13, the dispute resolution process applies to every asset, liability or employee in respect of which notice is given under subsection (4).
(4)A designated board associated with an old board or a supported board associated with an old board may, in accordance with the directives issued under section 10, give written notice invoking the dispute resolution process in respect of any asset, liability or employee associated with the old board.
(5)A notice under subsection (4) may be given in respect of an asset or liability at any time before April 1, 1998 and in respect of an employee at any time before March 1, 1998.
(6)Subject to section 13, the dispute resolution process applies to every employee in respect of whom notice is given under subsection (7).
(7)An employee associated with an old board may, in accordance with the directives issued under section 10, give written notice invoking the dispute resolution process in respect of himself or herself.
(8)A notice under subsection (7) may be given at any time before March 1, 1998. O.Reg. 460/97, s.12.
13.(1)The Commission shall monitor all dispute resolution processes in order to identify, in each case as soon as is reasonably possible,
(a)each asset or liability with respect to which there is agreement between the supported board and the designated board; and
(b)each employee with respect to whom there is agreement among the employee, the supported board and the designated board.
(2)The Commission shall issue such directives as it considers appropriate to assist it in carrying out its obligations under subsection (1).
(3)When the Commission identifies an asset, liability or employee under subsection (1), the Commission shall, as soon as reasonably possible, issue a written notice to that effect.
(4)The notice under subsection (3) shall be given to the supported board and the designated board.
(5)Where the notice under subsection (3) relates to an employee, the notice shall also be given to the employee.
(6)The dispute resolution process ceases to apply to an asset, liability or employee when the Commission issues,
(a)a notice under subsection (3); or
(b)an order under this Regulation determining the disposition of the asset, liability or employee. O.Reg. 460/97, s.13.
PART VI
ORDERS WITHOUT JOINT REQUEST
14.(1)Subject to subsection (3), at any time before August 31, 1998, the Commission may make an order determining the disposition of any asset, liability or employee associated with an old board the disposition of which has not been determined by an order made under this Regulation if,
(a)the asset, liability or employee has been the subject of a dispute resolution process under Part V; and
(b)that asset, liability or employee is no longer the subject of the dispute resolution process, whether because of the issuance of a notice under section 13 or because the process as established by the Commission’s directives has been completed. O.Reg. 460/97, s.14(1); O.Reg. 477/98, s.3(1).
(2)An order made under subsection (1) shall not provide for the transfer of any asset, liability or employee after August 31, 1998. O.Reg. 460/97, s.14(2).
(3)At any time before October 31, 1998, the Commission may make an order determining the disposition of an employee, the disposition of whom has not been determined by an order made under this Regulation if,
(a)on August 31, 1998, the employee was an employee of the Algoma District School Board or the Rainbow District School Board;
(b)on or after August 31, 1998, a dispute resolution process under Part V as to the disposition of the employee was ongoing; and
(c)the employee is no longer the subject of the dispute resolution process, whether because of the issuance of a notice under section 13 or because the process as established by the Commission’s directives has been completed.
(4)An order made under subsection (3) shall not provide for the transfer of any employee after October 30, 1998. O.Reg. 477/98, s.3(2).
15.(1)On August 31, 1998, the Commission shall make an order determining the disposition of each employee associated with an old board whose disposition has not been determined by an order made under this Regulation.
(2)An order made under subsection (1) shall not provide for the transfer of any employee after August 31, 1998. O.Reg. 460/97, s.15 (1,2).
(2.1)Subsections (1) and (2) do not apply to an employee if,
(a)on August 31, 1998, the employee is employed by the Algoma District School Board or the Rainbow District School Board; and
(b)on or after August 31, 1998, a dispute resolution process under Part V as to the disposition of the employee is ongoing.
(2.2)On October 30, 1998, the Commission shall make an order determining the disposition of each employee referred to in subsection (2.1) whose disposition has not been determined by an order made under this Regulation.
(2.3)An order made under subsection (2.2) shall not provide for the transfer of any employee after October 30, 1998. O.Reg. 477/98, s.4.
(3)Subsection (4) applies if the dispute resolution process under Part V in respect of an asset or liability is no longer ongoing, whether because of the issuance of a notice under section 13 or because the process as established by the Commission’s directives has been completed.
(4)On August 31, 1998, the Commission shall make an order determining the disposition of each asset or liability associated with an old board the disposition of which has not been determined by an order made under this Regulation.
(5)An order made under subsection (4) shall not provide for the transfer of any asset or liability after August 31, 1998. O.Reg. 460/97, s.15 (3-5).
16.(1)At any time after August 31, 1998 and before December 31, 1998, the Commission may make an order determining the disposition of any asset or liability associated with an old board the disposition of which has not been determined by an order made under this Regulation, if the dispute resolution process under Part V in respect of the asset or liability is no longer ongoing, whether because of the issuance of a notice under section 13 or because the process as established by the Commission’s directives has been completed.
(2)An order made under subsection (1) shall not provide for the transfer of any asset or liability after December 31, 1998. O.Reg. 460/97, s.16.
17.(1)On December 31, 1998, the Commission shall make an order determining the disposition of each asset and liability associated with each old board the disposition of which has not been determined by an order made under this Regulation.
(2)An order made under subsection (1) shall not provide for the transfer of any asset or liability after December 31, 1998. O.Reg. 460/97, s.17.
18.(1)In making an order under this Part, the Commission shall have regard to,
(a)the needs of the designated board;
(b)the needs of the supported board; and
(c)where applicable, the interests described in subsection 33 (4).
(2)In making an order under this Part respecting an employee, the Commission may also take into account the preferences of the employee where the Commission considers it appropriate to do so. O.Reg. 460/97, s.18(1,2).
(3)An order made under this Part shall specify, subject to subsections 14 (2), 14 (4), 15 (2), 15 (2.3) 15 (5), 16 (2) and 17 (2), the time at which the disposition of each asset, liability or employee is to take effect. O.Reg. 460/97, s.18(3); O.Reg. 477/98, s.5.
(4)An order made under this Part may be made subject to the terms and conditions that the Commission considers appropriate having regard to the matters referred to in clauses (1) (a) to (c). O.Reg. 460/97, s.18(4).