Ottawa-Carleton French-Language School Board Transferred Employees Act, R.S.O. 1990, c. O.44, Ottawa-Carleton French-Language School Board Transferred Employees Act
Ottawa-Carleton French-Language School Board Transferred Employees Act
R.S.O. 1990, CHAPTER O.44
Consolidation Period: From January 1, 2003 to the .
Last amendment: .
Legislative History: 1992, c. 17, s. 6, 7; 1993, c. 11, s. 50-56; 1993, c. 23, s. 71; 1993, c. 27, Sched.; 1994, c. 1, s. 24; 1997, c. 31, s. 163; .
Interpretation
Definitions
1 (1) In this Act,
鈥淐ommission鈥 means the Languages of Instruction Commission of 澳门永利 continued under Part XII of the Education Act; (鈥淐ommission鈥)
鈥淓nglish-language board鈥 means The Ottawa Board of Education, The Carleton Board of Education, The Ottawa Roman Catholic Separate School Board or The Carleton Roman Catholic Separate School Board; (鈥渃onseil de langue anglaise鈥)
鈥淔rench-language Board鈥 means The Ottawa-Carleton French-language School Board; (鈥淐onseil de langue fran莽aise鈥)
鈥淔rench-language instructional unit鈥 means a class, group of classes or school in which French is the language of instruction, but does not include a class, group of classes or school established under paragraph 25 of subsection 8听(1) of the Education Act (French-language instruction for English-speaking pupils); (鈥渕odule scolaire de langue fran莽aise鈥)
鈥淔rench-speaking person鈥 means a person who has the right under subsection 23听(1) or (2), without regard to subsection 23听(3), of the Canadian Charter of Rights and Freedoms to have his or her children receive their primary and secondary school instruction in the French language in 澳门永利; (鈥渇rancophone鈥)
鈥渇ull board鈥 means all of the members of the French-language Board; (鈥渃onseil pl茅nier鈥)
鈥淢inister鈥 means the Minister of Education; (鈥渕inistre鈥)
鈥減ublic sector鈥 means those members of the French-language Board who are elected as members of the public sector; (鈥渟ection publique鈥)
鈥淩egion鈥 means The Regional Municipality of Ottawa-Carleton; (鈥淩茅gion鈥)
鈥淩oman Catholic sector鈥 means those members of the French-language Board who are elected as members of the Roman Catholic sector; (鈥渟ection catholique鈥)
鈥渟chool system鈥 means a separate school board in the Region, a public board in the Region, the public sector or the Roman Catholic sector. (鈥渙rganisation scolaire鈥)听 R.S.O. 1990, c.听O.44, s.听1听(1); 2002, c.听17, Sched.听F, Table.
Regulations under Education Act
(2) A reference in this Act to the Education Act or to a provision of it shall be deemed to include a reference to the regulations made under that Act or provision.听 R.S.O. 1990, c.听O.44, s.听1听(2).
Definitions under Education Act
(3) Except where otherwise provided in this Act, words and expressions used in this Act have the same meaning as in section 1 of the Education Act.听 R.S.O. 1990, c.听O.44, s.听1听(3).
Application of Education Act
(4) Subsections 1听(2) and (4) of the Education Act apply with necessary modifications in respect of the French-language Board.听 R.S.O. 1990, c.听O.44, s.听1听(4).
Application of Constitution Act, 1867
(5) The provisions of this Act shall not be construed in a way that prejudicially affects a right or privilege with respect to denominational schools guaranteed by the Constitution Act, 1867. 听R.S.O. 1990, c.听O.44, s.听1听(5).
Idem
(6) If it is finally determined by a court that a provision of this Act prejudicially affects a right or privilege enjoyed by Roman Catholic separate school boards under the Constitution Act, 1867, that provision is repealed, it being the intention of the Legislature that the remaining provisions of this Act are separate from and independent of the said provision.听 R.S.O. 1990, c.听O.44, s.听1 (6).
Section Amendments with date in force (d/m/y)
- 01/01/2003
PARTS I-XI (ss. 2-56)听 Repealed: 1994, c.听1, s.听24听(1).
2-56 Repealed: 1994, c. 1, s. 24 (1).
Section Amendments with date in force (d/m/y)
1994, c. 1, s. 24 (1) - 01/07/1994
PART XII
TRANSFER OF EMPLOYEES TO FRENCH-LANGUAGE BOARD
Definitions
57 In this Part,
鈥渆mployee鈥 means a teacher or other employee and includes an employee as defined in the Labour Relations Act but does not include the director of education, the secretary or the treasurer of the board; (鈥渆mploy茅鈥)
鈥渟eniority鈥, in respect of a transferred employee, means,
(a) seniority as agreed upon between the English-language board that employed the transferred employee and the organization that entered into a collective agreement with the English-language board in respect of the transferred employees, or
(b) if there is no collective agreement, seniority as determined in accordance with the policy of the English-language board; (鈥渁nciennet茅鈥)
鈥渢ransferred employee鈥 means an employee of an English-language board who is transferred to the French-language Board under this Part. (鈥渆mploy茅 mut茅鈥)听 R.S.O. 1990, c.听O.44, s.听57.
58-66 Repealed:听 1994, c.听1, s.听24听(2).
Section Amendments with date in force (d/m/y)
1994, c. 1, s. 24 (2) - 01/07/1994
Gratuity
67 (1) Upon termination of employment with a French-language district school board established under Part II.2 of the Education Act to exercise jurisdiction in the Region, a transferred employee is entitled to payment of an amount calculated in accordance with the teaching contract, employment contract or employment relationship that applied in respect of the person on the last date that the person was employed by the English-language board as though the person had continued to be employed by the English-language board.听 R.S.O. 1990, c.听O.44, s.听67听(1); 1994, c.听1, s. 24听(3); 1997, c.听31, s.听163听(1).
Idem
(2) In lieu of the payment under subsection (1), a transferred employee has the right to require payment of an amount calculated in accordance with the teaching contract, employment contract or employment relationship that applies in respect of the person on the last date that the person is employed by the French-language school board.听 R.S.O. 1990, c.听O.44, s.听67听(2); 1994, c.听1, s.听24听(4).
Idem
(3) The amount of the payment under this section shall be shared by the English-language board and the French-language school board in the ratio that the number of years of the transferred employee鈥檚 service with each board bears to the total number of years of his or her service with both boards.听 R.S.O. 1990, c.听O.44, s.听67听(3); 1994, c.听1, s.听24听(5).
Same
(4) For the purposes of subsection (3), service with the Ottawa-Carleton French-language School Board and with a French-language school board established in the Region under subsection 11 (13) of the Education Act as it existed before section 7 of the Education Quality Improvement Act, 1997 came into force, shall be deemed to be service with a French-language district school board mentioned in subsection (1).听 1997, c.听31, s.听163听(2).
Section Amendments with date in force (d/m/y)
1994, c. 1, s. 24 (3-5) - 01/07/1994; 1997, c. 31, s. 163 (1, 2) - 01/01/1998
Dispute resolution
68 (1) A dispute in respect of any matter arising under this Part in the employment relationship between an employee and a French-language district school board established under Part II.2 of the Education Act to exercise jurisdiction in the Region or an English-language district school board established under Part II.2 of the Education Act to exercise jurisdiction in the Region may be resolved by a grievance arbitration in accordance with this section.听 1997, c.听31, s.听163 (3).
Parties
(2) The parties to the grievance arbitration are the relevant French-language district school board or the relevant English-language district school board as the case requires, and the person, or, if the person is employed under a collective agreement, the organization that represents the person under the collective agreement.听 1997, c.听31, s.听163听(3).
Grievance arbitration
(3) Subsections 137听(3) to (16) and sections 138, 139, 140, 141 and 142 of the Education Act, as those provisions existed immediately before the Education Quality Improvement Act, 1997 received Royal Assent, apply with necessary modifications to a grievance arbitration under subsection (1).听 R.S.O. 1990, c.听O.44, s.听68听(3); 1997, c.听31, s.听163听(4).
Section Amendments with date in force (d/m/y)
1997, c. 31, s. 163 (3, 4) - 01/01/1998
69-71 Repealed:听 1994, c.听1, s.听24听(9).
Section Amendments with date in force (d/m/y)
1994, c. 1, s. 24 (9) - 01/07/1994
PART XIII (ss. 72, 73) Repealed:听 1994, c.听1, s.听24听(9,听10).
72 Repealed: 1994, c.听1, s.听24听(9).
Section Amendments with date in force (d/m/y)
1994, c. 1, s. 24 (9) - 01/07/1994
73 Repealed: 1994, c.听1, s.听24听(10).
Section Amendments with date in force (d/m/y)
1994, c. 1, s. 24 (10) - 01/07/1994
听