R.H. v. Kawartha Pine Ridge District School, 2012 HRTO 141

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

R.H.

Applicant

-and-

Kawartha Pine Ridge District School Board

Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: January 18, 2012

Citation: 2012 HRTO 141

Indexed as: R.H. v. Kawartha Pine Ridge District School

APPEARANCES

) R.H., Applicant ) Self-Represented ) ) Kawartha Pine Ridge ) Brenda Bowlby, Counsel District School Board, Respondent ) )

1Pursuant to an earlier Interim Decision, 2010 HRTO 2463, the Tribunal held a telephone conference hearing in this matter on September 7, 2011. The purpose of the telephone conference was to hear submissions from the parties regarding whether the Tribunal has jurisdiction over the issues raised in the Application and, in particular, whether the applicant’s allegations against the respondent relate to “services” within the meaning of section 1 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (“Code”).

2For the reasons that follow, the Application is dismissed in part.

HISTORY OF THE PROCEEDING

3The applicant is the father of a student who attended the respondent school. I note that the Application was filed by the applicant on his own behalf. It was not filed by or on behalf of the applicant’s son.

4The applicant alleges that the respondent distinguished between him and his son’s mother on the basis of gender. He has also made some allegations that relate to his disability.

5The Application, as filed with the Tribunal, is written in a stream-of-consciousness style and it was difficult to understand the nature of the applicant’s allegations or to discern how they might relate to the Code. Accordingly, the Tribunal issued an earlier Interim Decision, 2010 HRTO 2174, directing the applicant to provide to the respondent and file with the Tribunal a revised statement of fact in response to question 8 of the application form. The applicant was directed to clearly explain what happened and why he believes it was discriminatory.

6The applicant filed a revised statement of fact. In his revised statement, he makes a number of allegations about his son’s alleged treatment by the respondent. He also makes some allegations that relate to his own interactions with the respondent school. Even in light of the revised statement of fact, it is difficult to discern how the applicant’s allegations might relate to the Code. He seems to be suggesting that the respondent treated him differently than it did his son’s mother and that this was based on the applicant’s gender and, to some extent, his disability.

7Given the ambiguities in the applicant’s allegations, the respondent has not yet been required to file a Response. The respondent has, however, filed a Request for an Order During Proceedings (“Request”) seeking the early dismissal of the Application because the Tribunal does not have jurisdiction over its subject matter or, in the alternative, because the Application does not raise a prima facie violation of the Code.

8The respondent argues that the Application does not identify what services, facilities or goods the respondent is alleged to have provided to the applicant. The respondent’s mandate under the Education Act, R.S.O. 1990 c. E.2, is to provide education services to students. The applicant is not a student and, according to the respondent, the matter does not fall within section 1 or any other section of the Code.

9In response to the respondent’s Request, the applicant urged the Tribunal to deal with the merits of the Application. In a further earlier Interim Decision, 2010 HRTO 2463, the Tribunal stated that it would first determine whether it has jurisdiction to deal with the subject-matter of the Application before it would address the substance of the allegations. The Tribunal scheduled a hearing to hear oral submissions from the parties regarding the issue of the Tribunal’s jurisdiction.

10The hearing took place by telephone on September 7, 2011. At the outset of the hearing, the applicant was given an opportunity to explain how his allegations relate to the Code and, in particular, how they relate to a “service” within the meaning of section 1. Based on his oral submissions, I understand the essence of the applicant’s allegations to be that the respondent treated him differently from his son’s mother based on their genders. The applicant alleges that the respondent preferred the mother and treated her better, even though he says he is the better parent. The applicant also alleges that the respondent discriminated against him by reporting him to the Children’s Aid Society (“CAS”) but not reporting his son’s mother. He states that the respondent has harassed him by repeatedly contacting him to invite him to attend school functions, even though he has been prohibited from entering school property unless expressly permitted to do so by a superintendent.

11At the hearing, counsel for the respondent denied the allegations of discrimination. While she accepted that the Application contains allegations that relate to grounds prohibited in the Code, she argues that the Tribunal has no jurisdiction over the matter because the respondent does not provide services to the applicant within the meaning of section 1 of the Code. She also argues that the applicant has failed to establish a prima facie case of discrimination.

12Following the hearing, the Tribunal issued a Case Assessment Direction (“CAD”) dated September 14, 2011. Pursuant to the CAD, the applicant was given an opportunity to make written submissions regarding the Tribunal’s Interim Decision in Contini v. Rainbow District School Board, 2011 HRTO 1340. This case was referred to by the respondent at the September 7 hearing, but the applicant had not been provided with a copy of the case in advance of the hearing.

13The CAD also gave the applicant a further opportunity to clarify how the allegations contained in the Application and the revised statement of fact relate to the Code. The purpose of the CAD was not to allow the applicant to add to the allegations already made, but to give him a further opportunity to explain how the existing allegations relate to the Code. In this regard, the CAD directed the applicant to set out a list of each allegation or alleged incident, to identify where it is referenced in the Application or the revised statement of fact filed pursuant to Interim Decision 2010 HRTO 2174, and to set out what the respondent did or did not do that allegedly contravenes the Code in regards to each incident.

14On October 26, 2011, the applicant filed written submissions with the Tribunal and delivered a copy of these to the respondent. The submissions reiterate the allegations already made by the applicant and seem to contain some new allegations. However, they do not provide the specific information requested in the September 14, 2011 CAD.

THE APPLICANT’S ALLEGATIONS

15The Tribunal recognizes that the applicant is self-represented. While the applicant has not filed a request to amend his Application, the Tribunal is nevertheless mindful of its power under Rule 1.7(c) of the Tribunal’s Rules of Procedure to allow any filing to be amended. However, such amendments are only allowed where the Tribunal determines appropriate because it would provide for a fair, just and expedition resolution of any matter before the Tribunal. All applicants, including self-represented applicants, do not have an unlimited opportunity to add new allegations of discrimination to an Application. In the circumstances of this case, where the applicant’s articulation of his allegations was very difficult to understand, the Tribunal deemed it necessary to give him further opportunities to (orally and in writing) clarify the allegations contained in the Application and the revised statement of fact and explain how they relate to the Code.

16The Application and the revised statement of fact are lengthy and detailed documents in which the applicant had an opportunity to set out his allegations of discrimination.

17As I have indicated, the applicant’s additional written submissions filed on October 26, 2011, seem to contain new allegations that had not been identified in the Application or in the revised statement of fact. It is not appropriate for the applicant to add new allegations in response to Tribunal’s CAD and its request that he clarify his existing allegations. Accordingly, in deciding whether the issues raised in the Application fall within the Tribunal’s power to decide, I have not considered the new allegations contained in the applicant’s October 26, 2011 written submissions.

18I have carefully reviewed the allegations of discrimination contained in the Application and the applicant’s revised statement of fact, filed on November 12, 2010, pursuant to Interim Decision, 2010 HRTO 2174. As I have indicated, the Application and the revised statement of fact are written in a way that makes it difficult to make out the nature of the allegations against the respondent. I understand the applicant’s allegations, based on my review of the Application and the revised statement of fact, to be as follows:

a. A superintendent stated that he did not have time for the applicant’s son;

b. The respondent did not provide a counsellor for the applicant’s son and the school receptionist became angry and threatening when asked to provide counselling services;

c. The applicant’s son was detained and questioned by his homeroom teacher;

d. The respondent contacted the Children’s Aid Society to report the applicant, stating that the applicant had “mental problems”. It did not, however, report the applicant’s son’s mother;

e. The applicant was barred from attending at his son’s school because he allegedly scared female (but not male) staff;

f. An individual at the school did not provide the applicant with the name of an individual who had helped him in the past. The applicant alleges this is in reprisal to his filing the Application;

g. The respondent did not take appropriate steps to ensure the applicant’s son attends school when he is in his mother’s care;

h. The respondent assumed based on the applicant’s physical disability that he also has a mental disability;

i. There is no disabled parking space at a gas station where the school staff suggested the applicant park while waiting for his son. It is somewhat unclear, but the applicant’s submissions seem to suggest that he is required to pick his son up at the gas station rather than at the school either because of a court order or because the school has prevented him from accessing school property;

j. The respondent has not responded to the applicant’s concerns because the applicant appears to be “dopey” when in fact he is taking medication for a number of health-related issues. The applicant states that his son’s mother receives better treatment by the respondent;

k. The applicant’s son was forced to change schools because the respondent made statements about the applicant’s alleged mental disability and because it contacted CAS;

l. The respondent invites the applicant to events on school property even though he is not permitted to enter school property;

m. A counsellor employed by the respondent recommended a meeting between the applicant and his son’s mother, even though there is a peace bond preventing contact between them. The counsellor became angry when she learned of the peace bond;

n. The counsellor told the applicant’s son that he would end up in foster care;

o. A teacher asked personal questions of the applicant’s son in the school hallway; and

p. The respondent or an employee of the respondent alleged that the applicant made a “disgusting comment” and, as I understand it, that he made lewd gestures.

THE ISSUE

19At issue at this stage of the proceeding is whether the Application relates to matters that are within the Tribunal’s power to decide. In particular, I must determine whether the applicant’s allegations relate to a “service” offered to him by the respondent within the meaning of section 1 of the Code.

20The Tribunal does not have a general power to decide whether the respondent treated the applicant fairly or appropriately. The Tribunal’s powers relate only to alleged discrimination and violations of the Code. If an Application does not implicate one of the social areas (such as service) identified in the Code, the statute does not apply and the Tribunal has no power to decide the issues raised. Although the applicant has clearly stated that he feels the respondent treated him unfairly, to establish that the Application falls within the Tribunal’s power to decide, the applicant must also explain how this alleged mistreatment relates to a “service” provided to him by the respondent.

21As I have indicated, the Application has been filed by the applicant on his own behalf; the applicant’s son is not a party to this proceeding. Thus, the issue for me to consider is not whether the respondent offers a “service” to the applicant’s son, but whether the Application relates to a “service” offered by the respondent to the applicant.

ANALYSIS

The relevant legislation

22Section 1 of the Code provides:

Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

23Section 34(1) of the Code states:

If a person believes that any of his or her rights under Part I [which includes section 1] have been infringed, the person may apply to the Tribunal for an order under section 45.2, …. [emphasis added]

Legal principles

24The respondent readily acknowledges that boards of education are subject to the Code with respect to education and educational services they provide to students: see, for example, Jaffer v. York University, [2010] O.J. No. 4252, 2010 ONCA 654 (C.A.), at para. 36, and Peel Board of Education v. Ontario Human Rights Commission, (1990), 1990 CanLII 6605 (ON HCJ), 72 O.R. (2d) 593 (Div. Ct.). However, this Application raises a different issue: it is not about educational services provided to a student, it is about whether the respondent has provided a service (within the meaning of the Code) to the applicant, the parent of a student.

25The respondent argues that, by virtue of sections 170 and 171 of the Education Act, R.S.O. 1990, c. E.2, it is mandated to provide services to students, not to parents.. These sections of the Education Act are quite lengthy and rather than set them out in full here, I have included them in Schedule A to this Interim Decision. These provisions set out in detail the duties and powers of school boards, which include to provide education and accommodation to pupils, to offer special education programs and services to certain pupils, to operate schools, to hire staff, to fix fees payable by pupils, and to govern the use of school facilities.

26In Contini, supra, the Tribunal found that a service relationship can exist between a parent and a school board, at least in regards to student bussing. In that case, the Tribunal found that a school board provided a benefit to a parent when it transported her child to school by bus. In essence, the benefit to parents is that they are not left to arrange or provide transportation for their children.

27The respondent in the present Application argues that the facts of this case are different from Contini. First, this applicant does not (in the Application or the revised statement of fact) directly allege discrimination in transportation services. His allegations relate to a number of other issues, including his ability to attend on school property, off-site parking, and the appropriateness and sufficiency of the educational services provided to his son.

28Counsel for the respondent argues that not all interactions between a parent and a school or school board constitute a “service” within the meaning of section 1 of the Code. Counsel argued that this issue must be addressed on a case-by-case basis and that, for each allegation, the Tribunal must consider whether the applicant actually derived a benefit such that the specific interaction with the parent constitutes as “service” within the meaning of the Code.

29I adopt the Tribunal’s reasoning in Contini in regards to the notion that human rights legislation, including the term “service” at section 1 of the Code, must be interpreted liberally and purposively. I also accept that, in some circumstances, the interaction between a parent and a school board will create a service relationship for the purposes of the Code. I do not, however, believe that either the language of the Code or the Tribunal’s decision in Contini support the proposition that all interactions between a school and a parent constitute a “service” within the meaning of the Code. Nor do I understand Contini to mean that every school interaction from which the parent derives a benefit (however indirect) is a “service” for the purposes of the Code.

30I note that in Contini, the Tribunal placed considerable importance on the language of the respondent’s policies regarding transportation and the reference to and role of parents within those policies and practices. The Tribunal relied, among other things, on the following passage from the respondent school board policies:

The Consortium may provide transportation for students who cannot access regular modes of transportation. Transportation will be provided at the discretion of the Director of Education or designate for injuries/medical conditions where the lack of access to school transportation presents a hardship for the parent/guardian. [Emphasis added.]

31The fact that transportation requests had to be made by parents and given that the school board considered the parents’ needs in making transportation decisions led the Tribunal to conclude that bussing was a service to the parent within the meaning of the Code.

32I accept the respondent’s argument that whether a particular interaction between a school or a school board and a parent is a “service” must be evaluated on a case-by-case basis and will depend to a large extent on the nature of that particular interaction. In my view, this approach is consistent with the Tribunal’s reasoning in Contini. As the Tribunal explained in Contini, some of the factors that will assist the Tribunal in its determination are the respondent’s legislative mandate, whether its policies or practices create a specific role for parents, whether the provision of the service to the student involves an interaction with the parent, and whether the parent derives a benefit from that interaction.

33Arguably, parents generally benefit (at least indirectly) from education or educational services offered to their children. For example, the fact that a child is at school and receiving educational services means that the parent does not otherwise have to care or arrange care for the child during school hours. Similarly, the fact that a student is receiving counselling or additional learning assistance in a school setting may indirectly benefit parents, who may be faced with better-adjusted or more content children and who may need to spend less time assisting their children in their learning process.

34In my view, however, circumstances such as those described above will not (without evidence of an interaction between the respondent and the parent or some other connection between the service to the student and the parent) generally constitute a “service” to the parent within the meaning of the Code.

35For services provided to a student to also be a service to the parent requires more than just a remote benefit to the parent in the sense, for example, that the parent is relieved of the obligation to arrange alternate care for a child attending school. As the Tribunal concluded in Contini, it is important to consider whether there is some connection between the service provided to the student and the needs, interests, or limitations of the parent. It is also important to consider whether and to what extent the respondent was required to interact with the parent in order to provide the service in question to the student.

Application of the legal principles to the facts of this case

36One of the difficulties presented in this case is the lack of clarity in the applicant’s allegations of discrimination. As I have indicated, it is generally appropriate to consider interactions on a case-by-case basis to determine whether, in light of the factors described in paragraph 33, above, they constitute a service to the parent within the meaning of the Code. In Contini, the Tribunal engaged in a detailed analysis of the interaction in question as well as the respondent school board’s policies, practices, and legislative mandate.

37Given the ambiguity in the applicant’s allegations, a detailed analysis of this nature is not possible in this matter, nor would it be efficient, just or expeditious to seek further clarification in order to conduct such an analysis.

38The applicant’s allegations generally fall into three categories:

a. Allegations that the educational and education-related services provided to his son were inappropriate or discriminatory: see paragraphs 18 a, b, c, g, k, n, and o;

b. Allegations related to direct interactions between the respondent and the applicant: see paragraphs 18 e, f, h, j, l, m, and p; and

c. Allegations that relate to the parties’ interactions with third parties: see paragraph 18 d (contacting CAS) and i (availability of appropriate parking off site).

39For the reasons that follow and applying the legal principles set out above, I find that some of the allegations contained in the Application are not a “service” within the meaning of the Code because:

a. They relate exclusively to the quality or appropriateness of educational services provided (or not) to the applicant’s son and do not involve an interaction between the applicant and the respondent; or

b. In the case of off-site parking, because it relates to the parties’ interactions with third parties and does not involve a service provided by the respondent to the applicant.

In regards to the applicant’s other allegations, there is an interaction between the applicant and the respondent. Because I cannot conduct the requisite detailed analysis, I make no finding as to whether these interactions constitute a “service” to the applicant within the meaning of the Code. Instead, in the particular circumstances of this case, I find that it is most fair, just, and expeditious to conduct a hearing on the merits of these allegations.

a. Allegations regarding the respondent’s behaviour towards the applicant’s son

40All of the allegations in category (a) relate to the respondent’s alleged behaviour towards the applicant’s son and its provision (or failure to provide) educational services to his son. Allegations in this category are described in detail at paragraph 18 (see also paragraph 38(a)). They concern interactions between the respondent and the applicant’s son regarding counselling and other education-related assistance (such as attendance management), as well as to interactions between the applicant’s son and staff employed by the respondent.

41While the applicant may derive some indirect benefit from the fact that his son receives educational or counselling services or support from school staff, based on the principles set out above, I cannot conclude that, in regards to any of the allegations in this category, the applicant received a “service” from the respondent within the meaning of the Code.

42Unlike in Contini, the applicant does not allege that he had any interactions with the respondent in regards to this category of allegation. Nothing in the Education Act suggests that the applicant (as the parent of a student) has a role to play or that his needs, interests or limitations were factors in these specific interactions. The applicant has not identified any policies or practices of the respondent that create a role for him in these specific interactions or that connect his needs, interests or limitations to the allegations identified in this category.

43The specific interactions that give rise to all of these allegations are between the respondent and the applicant’s son As I have indicated, absent some interaction or connection between the applicant and the respondent in regards to the services provided to the student, there can be no “service” within the meaning of the Code. For this reason, the portions of the Application that relate to this category of allegation are dismissed.

b. Allegations regarding interactions with third parties

44The applicant makes two allegations of discrimination that relate, in essence, to interactions with third parties (category (c) - see paragraph 38 above).

45First, I understand the applicant to allege that the respondent discriminated against him when it reported him to CAS but did not report his son’s mother: see paragraph 18(d). The applicant argues that his gender was a factor in the respondent’s decision to report him to CAS.

46The Tribunal has, in the past, considered whether a parent’s Code-related ground was a factor in a respondent’s decision to contact CAS regarding that person’s child: see H.G. v. Ottawa-Carleton District School Board, 2010 HRTO 1326. I am satisfied that this portion of the Application may proceed to a hearing. At this stage of the proceeding, however, I make no findings regarding whether or not the respondent’s decision to contact CAS constitutes a “service” to the applicant.

47Second, the applicant alleges that he was not permitted to attend the respondent school. This allegation is dealt with as part of category (b), below, and it will proceed to a hearing.

48The applicant also alleges that he was discriminated against because there was no appropriate parking at the nearby gas station where staff at the respondent school suggested he park while waiting for his son. I find that, even if the respondent school suggested he park at a gas station, any of the applicant’s parking issues on that third party’s lot do not relate to a “service” provided by the respondent to the applicant. To the extent that the applicant was in receipt of parking services, these were provided by the third party, not the respondent. Accordingly, the allegation that the respondent discriminated against the applicant in relation to the parking at a nearby gas station is dismissed.

c. Allegations regarding incidents between the respondent and the applicant

49The allegations in category (b) (see paragraph 38 above) concern interactions between the applicant and the respondent. While I am satisfied that the allegations in category (a) do not relate to a service to the applicant within the meaning of the Code, the issue is less clear regarding the allegations in category (b).

50In the circumstances of this case, it is not possible to engage in the detailed analysis necessary to determine whether some of the applicant’s allegations could constitute a service within the meaning of the Code. As such, it is not necessary or appropriate for me to determine the service issue regarding the category (b) allegations at this stage of the proceeding. Rather, the most fair, just and expeditious way to proceed is to conduct a hearing on the merits of the remaining allegations. At the hearing and in accordance with the Tribunal’s decision in Pellerin v. Conseil scolaire de district catholique Centre-Sud, 2011 HRTO 1777, the Tribunal may provide direction regarding the order of the evidence and may also seek submissions from the parties regarding whether the Application should be dismissed in whole or in part because there is no reasonable prospect that some or all of the remaining allegations will succeed. A copy of the Pellerin decision (along with other decisions from the Tribunal) is available on the website at www.canlii.org.

ORDER

51For the reasons set out above, I find that:

a. The Application is dismissed as it relates to the allegations summarized in paragraph 18 a, b, c, g, k, n, and o. These allegations do not relate to a “service” to the applicant within the meaning of section 1 of the Code;

b. The Application is dismissed as it relates to the allegations summarized in paragraph 18 i. These allegations do not relate to a “service” provided to the applicant by the respondent;

c. I make no finding as to whether the allegations summarized at paragraph 18 d, e, f, h, j, l, m, and p relate to a “service” to the applicant within the meaning of the Code. At this stage of the proceeding, rather than determine the jurisdiction issue, the most fair, just and expeditious manner of proceeding is to schedule a hearing into these remaining allegations in the Application. At the hearing, the Tribunal may seek submissions from the parties regarding whether there is no reasonable prospect that the remaining allegations or part of them can succeed.

The Tribunal will schedule a one-day hearing. In advance of the hearing, the Tribunal may issue a Case Assessment Direction providing further direction to the parties regarding the hearing of the matter.

52I am not seized.

Dated at Toronto, this 18^th day of January, 2012.

“Signed by”

Michelle Flaherty

Vice-chair

Schedule A

Sections 170 and 171 of the Education Act

170. (1) Every board shall,

appoint treasurer

1. appoint a treasurer who, in the case of a board of not more than five elected members, may be a member of the board; R.S.O. 1990, c. E.2, s. 170 (1), par. 1; 2009, c. 25, s. 16 (1).

security of treasurer

2. take proper security from the treasurer; R.S.O. 1990, c. E.2, s. 170 (1), par. 2; 2009, c. 25, s. 16 (2).

order payment of bills

3. give the necessary orders on the treasurer for payment of all money expended for school purposes and of such other expenses for promoting the interests of the schools under the jurisdiction of the board as may be authorized by this Act or the regulations and by the board; R.S.O. 1990, c. E.2, s. 170 (1), par. 3.

meetings

4. fix the times and places for the meetings of the board and the mode of calling and conducting them, and ensure that a full and correct account of the proceedings thereat is kept; R.S.O. 1990, c. E.2, s. 170 (1), par. 4.

head office

5. establish and maintain a head office and notify the Ministry of its location and address and notify the Ministry of any change in the location or address of the head office within ten days of such change; R.S.O. 1990, c. E.2, s. 170 (1), par. 5.

provide instruction and accommodation

6. provide instruction and adequate accommodation during each school year for the pupils who have a right to attend a school under the jurisdiction of the board; R.S.O. 1990, c. E.2, s. 170 (1), par. 6.

provide education and accommodation

6.1 subject to payment of fees charged under section 260.1, provide education and adequate accommodation for pupils enrolled in extended day programs operated by the board; 2010, c. 10, s. 6 (1).

junior kindergartens and kindergartens

6.2 subject to paragraph 3.0.0.1 of subsection 8 (1) and paragraph 6.1 of subsection 11 (1), operate full day junior kindergartens and kindergartens on every school day, other than professional activity days, in every elementary school of the board; 2010, c. 10, s. 6 (1).

special education programs and services

7. provide or enter into an agreement with another board to provide in accordance with the regulations special education programs and special education services for its exceptional pupils; 1997, c. 31, s. 80 (1).

repair property

8. keep the school buildings and premises in proper repair and in a proper sanitary condition, provide suitable furniture and equipment and keep it in proper repair, and protect the property of the board; R.S.O. 1990, c. E.2, s. 170 (1), par. 8.

insurance

9. make provision for insuring adequately the buildings and equipment of the board and for insuring the board and its employees and volunteers who are assigned duties by the principal against claims in respect of accidents incurred by pupils while under the jurisdiction or supervision of the board; R.S.O. 1990, c. E.2, s. 170 (1), par. 9.

conduct schools

10. ensure that every school under its charge is conducted in accordance with this Act and the regulations; R.S.O. 1990, c. E.2, s. 170 (1), par. 10.

school open

11. keep open its schools during the whole period of the school year determined under the regulations, except where it is otherwise provided under this Act; R.S.O. 1990, c. E.2, s. 170 (1), par. 11.

appoint principal and teachers

12. appoint a principal and an adequate number of teachers for each school of the board; 2010, c. 10, s. 6 (2).

designate early childhood educator positions

12.0.1 subject to paragraph 3.0.0.1 of subsection 8 (1) and paragraph 6.1 of subsection 11 (1), designate at least one position in each junior kindergarten and kindergarten class in each school of the board as requiring an early childhood educator; 2010, c. 10, s. 6 (2).

appoint early childhood educators

12.0.2 subject to paragraph 3.0.0.1 of subsection 8 (1) and paragraph 6.1 of subsection 11 (1), appoint early childhood educators to positions designated under paragraph 12.0.1; 2010, c. 10, s. 6 (2).

duties – charges, convictions

12.1 on becoming aware that a person who is employed by the board as a teacher or temporary teacher, or a person who is employed by the board in a position designated by the board as requiring an early childhood educator, has been charged with or convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors, or of any other offence under the Criminal Code (Canada) that in the opinion of the board indicates that pupils may be at risk, take prompt steps to ensure that the person performs no duties in the classroom, no duties in an extended day program and no duties involving contact with pupils, pending withdrawal of the charge, discharge following a preliminary inquiry, stay of the charge or acquittal, as the case may be; 2010, c. 10, s. 6 (3).

provide textbooks

13. subject to paragraph 31.1 of subsection 171 (1), provide, without charge, for the use of the pupils attending the school or schools operated by the board, the textbooks that are required by the regulations to be purchased by the board; R.S.O. 1990, c. E.2, s. 170 (1), par. 13; 1993, c. 11, s. 30 (3).

vehicle insurance

14. where it furnishes transportation for pupils in a vehicle that is owned by the board, provide and carry with an insurer licensed under the Insurance Act for each such vehicle at least the amount of insurance that is required to be provided in respect of such a vehicle by the licensee of a school vehicle under the Public Vehicles Act; R.S.O. 1990, c. E.2, s. 170 (1), par. 14.

report children not enrolled

15. ascertain and report to the Ministry at least once in each year in the manner required by the Minister the names and ages of all children of compulsory school age within its jurisdiction who are not enrolled in any school or private school and the reasons therefor; R.S.O. 1990, c. E.2, s. 170 (1), par. 15.

reports

16. transmit to the Minister all reports and returns required by this Act and the regulations; R.S.O. 1990, c. E.2, s. 170 (1), par. 16.

statement of sick leave credits

17. where applicable, issue to an employee, upon the termination of his or her employment with the board, a statement of the sick leave credits standing to the employee’s credit with the board at the time of such termination; R.S.O. 1990, c. E.2, s. 170 (1), par. 17; 1996, c. 13, s. 5 (2).

school councils

17.1 establish a school council for each school operated by the board, in accordance with the regulations; 1997, c. 31, s. 80 (2).

requirements

18. do anything that a board is required to do under any other provision of this Act or under any other Act. 1997, c. 31, s. 80 (3).

19., 20. Repealed: 1997, c. 31, s. 80 (4).

Full day junior kindergarten and kindergarten

(2) For the purposes of paragraph 6.2 of subsection (1), a board operates full day junior kindergarten and kindergarten in a school if junior kindergarten and kindergarten operate during substantially the same period of time that classes in the first three years of the program of studies immediately following kindergarten are held in the school. 2010, c. 10, s. 6 (4).

Designated early childhood educator additional to teacher

(2.1) An early childhood educator appointed to a position under paragraph 12.0.2 of subsection (1) shall be in addition to the teacher assigned or appointed to teach the junior kindergarten or kindergarten class. 2010, c. 10, s. 6 (4).

Appoint or assign teachers

(2.2) For greater certainty, a board shall assign or appoint a teacher to each junior kindergarten and kindergarten class in each school of the board. 2010, c. 10, s. 6 (5).

(2.3), (2.4) Repealed: 2001, c. 14, Sched. A, s. 2 (1).

(2.5)-(2.8) Repealed: 2009, c. 25, s. 16 (4).

Legislation Act, 2006, Part III

(2.9) An act of the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2000, c. 11, s. 3 (6); 2006, c. 21, Sched. F, s. 136 (1).

Regulations re school councils

(3) The Lieutenant Governor in Council may make regulations respecting school councils, including regulations relating to their establishment, composition and functions. 1997, c. 31, s. 80 (5).

Class size

Regulations

170.1 (1) The Lieutenant Governor in Council may make regulations,

(a) governing class size in schools of a board;

(b) establishing the methods to be used by a board in determining class size for the purposes of this section;

(c) requiring boards to,

(i) prepare reports and plans containing the specified information relating to class size,

(ii) make the reports and plans available to the public in the specified manner, and

(iii) submit the reports and plans required to the Minister in the specified manner;

(d) defining terms used in this section for the purposes of a regulation made under this section. 2006, c. 10, s. 10.

General or particular

(2) A regulation made under subsection (1) may be general or particular. 2006, c. 10, s. 10.

Board duties

(3) Every board shall ensure that class size in its schools conforms to the requirements set out in the regulations made under clause (1) (a). 2006, c. 10, s. 10.

(4) Repealed: 2009, c. 25, s. 17.

Minimum teaching time

Regulations

170.2 (1) The Lieutenant Governor in Council may make regulations,

(a) governing the minimum teaching time for teachers in the elementary and secondary schools of a board;

(b) establishing the methods to be used by a board in determining the minimum teaching time for the purposes of this section;

(c) requiring boards to,

(i) prepare reports and plans containing the specified information relating to minimum teaching time,

(ii) make the reports and plans available to the public in the specified manner, and

(iii) submit the reports and plans to the Minister in the specified manner;

(d) defining terms used in this section for the purposes of a regulation made under this section. 2006, c. 10, s. 11.

General or particular

(2) A regulation made under subsection (1) may be general or particular. 2006, c. 10, s. 11.

Board duties

(3) Every board shall ensure that the minimum teaching times of its teachers conform to the requirements set out in the regulations made under clause (1) (a). 2006, c. 10, s. 11.

170.2.1-170.2.2 Repealed: 2006, c. 10, s. 11.

Teachers’ assistants, etc.

170.3 The Lieutenant Governor in Council may make regulations governing duties and minimum qualifications of persons who are assigned,

(a) to assist teachers or to complement instruction by teachers in elementary or secondary schools, except in junior kindergarten or kindergarten;

(b) to assist teachers and designated early childhood educators or to complement instruction by teachers and the work of designated early childhood educators in junior kindergarten or kindergarten; or

(c) to assist designated early childhood educators or to complement the work of designated early childhood educators in extended day programs. 2010, c. 10, s. 7.

Powers of boards

171. (1) A board may,

committees

1. establish committees composed of members of the board to make recommendations to the board in respect of education, finance, personnel and property; R.S.O. 1990, c. E.2, s. 171 (1), par. 1.

idem

2. establish committees that may include persons who are not members of the board in respect of matters other than those referred to in paragraph 1; R.S.O. 1990, c. E.2, s. 171 (1), par. 2.

appoint employees

3. except as otherwise provided under this Act, appoint and remove such officers and servants and appoint and remove such teachers and designated early childhood educators, as it considers expedient, determine the terms on which such officers, servants, teachers and designated early childhood educators are to be employed, prescribe their duties and fix their salaries, except that in the case of a secretary of a board who is a member of the board, the board may pay only such compensation for his or her services as is approved by the electors at a meeting of the electors; R.S.O. 1990, c. E.2, s. 171 (1), par. 3; 2001, c. 24, s. 3; 2010, c. 10, s. 8 (1).

voluntary assistants

4. permit a principal to assign to a person who volunteers to serve without remuneration such duties in respect of the school as are approved by the board and to terminate such assignment; R.S.O. 1990, c. E.2, s. 171 (1), par. 4.

supervisors, teachers

5. appoint persons to supervise teaching staff and every appointee shall hold the qualifications and perform the duties required under any Act or regulation administered by the Minister; 2010, c. 10, s. 8 (2).

supervisors, designated early childhood educators

5.1 appoint persons to supervise persons in positions designated by the board as requiring an early childhood educator and every appointee shall hold the qualifications and perform the duties required under any Act or regulation administered by the Minister; 2010, c. 10, s. 8 (2).

psychiatrist or psychologist

6. appoint one or more,

i. psychiatrists who are on the register of specialists in psychiatry of The Royal College of Physicians and Surgeons of Canada or of the College of Physicians and Surgeons of Ontario,

ii. psychologists who are legally qualified medical practitioners or are members of the College of Psychologists of Ontario; R.S.O. 1990, c. E.2, s. 171 (1), par. 6; 1997, c. 31, s. 82 (1).

schools and attendance areas

7. determine the number and kind of schools to be established and maintained and the attendance area for each school, and close schools in accordance with policies established by the board from guidelines issued by the Minister; R.S.O. 1990, c. E.2, s. 171 (1), par. 7.

courses of study

8. provide instruction in courses of study that are prescribed or approved by the Minister, developed from curriculum guidelines issued by the Minister or approved by the board where the Minister permits the board to approve courses of study; R.S.O. 1990, c. E.2, s. 171 (1), par. 8.

instruction by electronic or other means

8.1 provide instruction in courses of study described in paragraph 8, by electronic or other means, to pupils who are not present in the classroom; 2006, c. 10, s. 12.

computer programming

9. in lieu of purchasing a computer or system of computer programming, enter into an agreement for the use thereof by the board; R.S.O. 1990, c. E.2, s. 171 (1), par. 9.

playgrounds, parks, rinks

10. operate the school ground as a park or playground and rink during the school year or in vacation or both, and provide and maintain such equipment as it considers advisable, and provide such supervision as it considers proper, provided the proper conduct of the school is not interfered with; R.S.O. 1990, c. E.2, s. 171 (1), par. 10.

gymnasiums

11. organize and carry on gymnasium classes in school buildings for pupils or others during the school year or in vacation or both, and provide supervision and training for such classes, provided the proper conduct of the school is not interfered with; R.S.O. 1990, c. E.2, s. 171 (1), par. 11.

milk

12. purchase milk to be consumed by the pupils in the schools under the jurisdiction of the board during school days in accordance with the terms and conditions prescribed by the regulations; R.S.O. 1990, c. E.2, s. 171 (1), par. 12.

provision of supplies, etc.

13. provide school supplies, other than the textbooks that it is required to provide under paragraph 13 of subsection 170 (1), for the use of pupils; R.S.O. 1990, c. E.2, s. 171 (1), par. 13.

libraries

14. establish and maintain school libraries and resource centres; R.S.O. 1990, c. E.2, s. 171 (1), par. 14.

15. Repealed: 2010, c. 10, s. 8 (3).

signatures mechanically reproduced

16. provide that the signature of the treasurer and of any other person authorized to sign cheques issued by the treasurer may be written or engraved, lithographed, printed or otherwise mechanically reproduced on cheques; R.S.O. 1990, c. E.2, s. 171 (1), par. 16.

membership fees and travelling expenses

17. pay the travelling expenses and membership fees of any member of the board, or of any teacher, designated early childhood educator or officer of the board, incurred in attending meetings of an educational association and may make grants and pay membership fees to any such organization; R.S.O. 1990, c. E.2, s. 171 (1), par. 17; 2010, c. 10, s. 8 (4).

legal costs

18. pay the costs, or any part thereof, incurred by any member of the board or by any teacher, designated early childhood educator, officer or other employee of the board in successfully defending any legal proceeding brought against him or her,

i. for libel or slander in respect of any statements relating to the employment, suspension or dismissal of any person by the board published at a meeting of the board or of a committee thereof, or

ii. for assault in respect of disciplinary action taken in the course of duty; R.S.O. 1990, c. E.2, s. 171 (1), par. 18; 2010, c. 10, s. 8 (5).

19.-21. Repealed: 1997, c. 31, s. 82 (2).

22. Repealed: 1997, c. 31, s. 82 (3).

pupil fees

23. subject to the provisions of this Act and the regulations, fix the fees to be paid by or on behalf of pupils; 2010, c. 10, s. 8 (6).

pupil fees, payment and enforcement

23.1 subject to the provisions of this Act and the regulations, fix the times of payment of fees to be paid by or on behalf of pupils, enforce payment of those fees by action in the Small Claims Court, and exclude any pupil by or on behalf of whom fees that are legally required to be paid are not paid after reasonable notice; 2010, c. 10, s. 8 (6).

permit use of school and school buses

24. permit the school buildings and premises and school buses owned by the board to be used for any educational or other lawful purpose; R.S.O. 1990, c. E.2, s. 171 (1), par. 24.

surgical treatment

25. provide for surgical treatment of children attending the school who suffer from minor physical defects, where in the opinion of the teacher and, where a school nurse and medical officer are employed, of the nurse and medical officer, the defect interferes with the proper education of the child, and include in the estimates for the current year the funds necessary for cases where the parents are not able to pay, provided that no such treatment shall be undertaken without consent that complies with the Health Care Consent Act, 1996; R.S.O. 1990, c. E.2, s. 171 (1), par. 25; 1992, c. 32, s. 9; 1996, c. 2, s. 65.

cadet corps

26. establish and maintain cadet corps; R.S.O. 1990, c. E.2, s. 171 (1), par. 26.

athletics

27. provide for the promotion and encouragement of athletics and for the holding of school games; R.S.O. 1990, c. E.2, s. 171 (1), par. 27.

activities

28. provide, during the school year or at other times, activities and programs on or off school premises, including field trips, and exercise jurisdiction over those persons participating therein; R.S.O. 1990, c. E.2, s. 171 (1), par. 28.

guidance

29. appoint one or more teachers qualified in guidance according to the regulations to collect and distribute information regarding available occupations and employments, and to offer such counsel to the pupils as will enable them to plan intelligently for their educational and vocational advancement; R.S.O. 1990, c. E.2, s. 171 (1), par. 29.

public lectures

30. conduct free lectures open to the public and include in the estimates for the current year the expenses thereof; R.S.O. 1990, c. E.2, s. 171 (1), par. 30.

continuing education

31. establish continuing education courses and classes; R.S.O. 1990, c. E.2, s. 171 (1), par. 31.

deposit for continuing education textbooks

31.1 require a pupil enrolled in a continuing education course or class that is eligible for credit towards a secondary school diploma to pay a nominal deposit for a textbook provided by the board that will be forfeited to the board in whole or in part if the textbook is not returned or is returned in a damaged condition; 1993, c. 11, s. 31 (3).

courses for teachers and designated early childhood educators

32. establish and conduct during the school year courses for teachers and designated early childhood educators; R.S.O. 1990, c. E.2, s. 171 (1), par. 32; 2010, c. 10, s. 8 (7).

evening classes

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

erect fences

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.

school fairs

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

student activities

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.

cafeteria

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

records management

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.

education of children in charitable organizations

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.

programs in detention homes, etc.

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.

maternity leave

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).

assumption of treatment centres, etc.

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.

election recounts

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

insurance

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).

day nurseries

49. establish, operate and maintain day nurseries within the meaning of the Day Nurseries Act, subject to that Act; 1993, c. 11, s. 31 (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).

Same

(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).

Same

(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).

Same

(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).

Agreements to co-operate

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).

Same

(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.

Same

(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.

Limitation re joint investment agreements

(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.

Regulations

(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.

Interpretation

(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.

Conflict

(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.