385/24: Provincial Interest In Education
Education Act
2024-10-15
Amending O. Reg. 43/10
Regulation comes into force on the day it is filed.
Ontario Regulation 385/24 made under the Education Act Made: October 10, 2024 Filed: October 15, 2024 Published on e-Laws: October 16, 2024 Published in The Ontario Gazette: November 2, 2024 Amending O. Reg. 43/10 (PROVINCIAL INTEREST IN EDUCATION) 1. Ontario Regulation 43/10 is amended by adding the following Part: PART II URGENT REVIEW Urgent situation, TDSB 10. (1) In this Part, “Board” means the Toronto District School Board. (2) This Part applies if the Minister is of the opinion that an urgent situation exists in the Board with respect to, (a) a matter described in paragraph 1, 2, 3, 4 or 5 of subsection 2 (2); or (b) the performance of any of the following in carrying out their duties under the Act or any other Act, or under any policy, guideline, directive or regulation made under the Act or any other Act: (i) The Board. (ii) Current members, chairs or directors of education of the Board. (iii) Former members, chairs or directors of education of the Board. Expedited performance review 11. (1) If the Minister has concerns regarding the performance of the Board or any person referred to in subclause 10 (2) (b) (ii) or (iii) with respect to a matter referred to or described in subsection 10 (2), the Minister may provide for an expedited review of the performance of the Board with respect to that matter. (2) An expedited review shall be conducted by one or more individuals appointed by the Minister. (3) The Minister may provide procedural directions with respect to the expedited review and may establish timelines respecting any requirement under this Part. (4) The Minister’s powers under subsection (3) may be delegated in writing to the individual or individuals appointed under subsection (2). Duty to co-operate 12. (1) The Board and any person referred to in subclause 10 (2) (b) (ii) shall co-operate fully with any review under this Part and shall take all necessary steps to facilitate the review, including complying with all procedural directions and timelines established under section 11. (2) If the individual or individuals appointed by the Minister to conduct the expedited review advise the Minister that, in their opinion, the Board or any person referred to in subclause 10 (2) (b) (ii) is not meeting his, her or its obligations under subsection (1) of this section, the individual or individuals shall report the failure to the Minister and if the Minister agrees with the opinion, he or she may advise the Board in writing that he or she has concerns that the failure may be an act or omission by the Board that contravenes this regulation. Report 13. (1) After an expedited review is completed, the individual or individuals who conducted the review shall prepare a report that, (a) describes the Board’s performance with respect to the matter reviewed; and (b) if the individual or individuals who conducted the review consider it appropriate to do so, recommends measures to improve the Board’s performance with respect to the matter reviewed. (2) The individual or individuals who conducted the review shall submit the report to the Minister and give a copy to the Board. Minister’s recommendations 14. (1) After considering the report, the Minister may, (a) issue any directions to the Board he or she considers necessary to address any material deficiencies in the Board’s performance revealed by the report; and (b) require the Board to submit an expedited plan to address any material deficiencies in the Board’s performance revealed by the report. (2) The Board shall comply with any directions issued under clause (1) (a) within the timelines set by the Minister. (3) The Board shall ensure that, assuming that the Board complies with any directions issued under clause (1) (a) within the timelines set by the Minister, the expedited plan submitted under clause (1) (b) is adequate to address any material deficiencies in the Board’s performance revealed by the report. Revocation 2. Part II of the Regulation is revoked. Commencement 3. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed. (2) Section 2 comes into force on December 31, 2025.   Français