Provincial Schools Authority Act, R.S.O. 1990, c. P.35, Provincial Schools Authority Act
Provincial Schools Authority Act
R.S.O. 1990, Chapter P.35
Consolidation Period: From January 31, 2025 to the .
Last amendment: .
Legislative History: 1996, c. 12, s. 65; 1997, c. 31, s. 167; ; ; ; ; ; .
Definitions
1 In this Act,
鈥渁greement鈥 means a written collective agreement made pursuant to this Act between the Authority and the employee organization in respect of matters that are negotiable under this Act; (鈥渃onvention鈥)
鈥淎uthority鈥 means the Provincial Schools Authority; (鈥淎dministration鈥)
鈥渆mployee organization鈥 means the organization that is formed pursuant to this Act by teachers; (鈥渁ssociation d鈥檈mploy茅s鈥)
鈥減rincipal鈥 means a person employed in a school,
(a) who is appointed to be in charge of the school, and
(b) who is a member of the 澳门永利 College of Teachers or whose appointment is authorized by the Minister of Education and Training; (鈥渄irecteur d鈥櫭ヽole鈥)
鈥渟chool鈥 means a school operated by,
(a) the Ministry of Correctional Services,
(b) the Ministry of Education, or
(c) the Ministry of Health and Long-Term Care,
but does not include a summer course or a correspondence course; (鈥溍ヽole鈥)
鈥渟ystem principal鈥 means a person appointed by the Authority under paragraph 5.2 of subsection 171 (1) of the Education Act. (鈥渄irecteur de service鈥)
鈥渢eacher鈥 means a person employed in a school as a teacher, but not as a supervisory officer, a principal, a vice-principal or an occasional teacher, and,
(a) who is a member of the 澳门永利 College of Teachers, or
(b) whose appointment as a teacher is authorized by the Minister of Education and Training; (鈥渆nseignant鈥)
鈥渧ice-principal鈥 means a teacher who is appointed to be in charge of a school in the absence of the principal. (鈥渄irecteur adjoint鈥)听 R.S.O. 1990, c.听P.35, s.听1; 1996, c.听12, s.听65; 1997, c.听31, s.听167听(1-4); 2006, c.听10, s.听65; 2006, c.听19, Sched.听L, s.听11 (3); 2024, c. 28, Sched. 5, s. 14 (1).
Section Amendments with date in force (d/m/y)
1996, c.听12, s.听65 - 20/05/1997; 1997, c. 31, s. 167 (1-4) - 01/01/1998
- 01/06/2006; - 22/06/2006
- 31/01/2025
Provincial Schools Authority
2 (1) The authority known as the Provincial Schools Authority, consisting of five members appointed by the Lieutenant Governor in Council, is continued under the name of Provincial Schools Authority in English and under the name Administration des 茅coles provinciales in French.听 R.S.O. 1990, c.听P.35, s.听2听(1).
Chair and vice-chair
(2) The Lieutenant Governor in Council shall designate one of the members of the Authority as chair and one as vice-chair.听 R.S.O. 1990, c.听P.35, s.听2听(2).
Secretary
(3) The Authority shall appoint a secretary.听 R.S.O. 1990, c.听P.35, s.听2听(3).
Remuneration
(4) The members and the secretary of the Authority shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Council.听 R.S.O. 1990, c.听P.35, s.听2听(4).
Money
(5) The money required for the purposes of the Authority is payable out of money appropriated therefor by the Legislature.听 R.S.O. 1990, c.听P.35, s.听2听(5).
Authority as employer
3 (1) The Authority employs the teachers, principals, vice-principals and system principals and none of them is or shall be deemed to be an employee of the Crown. 1997, c.听31, s.听167听(5); 2006, c.听35, Sched.听C, s.听112; 2024, c. 28, Sched. 5, s. 14 (2).
Transition
(2) The following credits and benefits stand to the credit of a teacher under the Authority鈥檚 retirement gratuity that is based upon sick leave credit:
1. The teacher鈥檚 sick leave credits under a contract of employment that vested in the Authority on July 18, 1975.
2. The teacher鈥檚 benefits under a contract of employment that vested in the Authority on July 18, 1975 respecting termination of employment.听 1997, c.听31, s.听167听(5).
Principals, vice-principals
(3) A principal or a vice-principal may perform the duties of a teacher despite any provision of a collective agreement.听 1997, c.听31, s.听167听(5).
(4) Repealed:听 R.S.O. 1990, c.听P.35, s.听3听(5).
(5) Spent:听 1997, c.听31, s.听167听(5).
Section Amendments with date in force (d/m/y)
1997, c. 31, s. 167 (5) - 01/01/1998
- 20/08/2007
- 31/01/2025
Employment of teachers
4 (1) Subject to subsection (2), the Authority is responsible for all matters relating to the employment of teachers, and for such purpose has all the powers and is subject to the duties and liabilities of a public board under the Education Act.听 R.S.O. 1990, c.听P.35, s.听4听(1); 1997, c.听31, s.听167听(6).
Duties of teachers
(1.1) Teachers who teach in a school operated by a Ministry referred to in the definition of 鈥渟chool鈥 in section 1 have, with necessary modifications, the duties of teachers set out in the Education Act and in the regulations made under that Act.听 2003, c.听2, s.听21听(1).
Administration
(2) All matters relating to administration in respect of teachers who teach in a school operated by a Ministry referred to in the definition of 鈥渟chool鈥 in section 1 are the responsibility of the deputy minister of the Ministry, and each such Ministry that operates a school shall provide the salaries and benefits of the teachers of such school in accordance with the collective agreements that apply with respect to the teachers.听 R.S.O. 1990, c.听P.35, s.听4听(2); 1997, c.听31, s.听167听(7).
(3) Repealed:听 1997, c.听31, s.听167听(8).
Pensions
(4) For the purposes of the Teachers鈥 Pension Act, a teacher employed by the Authority shall be deemed to be employed as a teacher by the minister of a ministry of the Government of 澳门永利.听 R.S.O. 1990, c.听P.35, s.听4听(4).
(5) Repealed:听 1997, c.听31, s.听167听(9).
Application of Part听X of Education Act
(6) Part X of the Education Act applies with necessary modifications to the teachers and to the Authority.听 R.S.O. 1990, c.听P.35, s.听4听(6).
Section Amendments with date in force (d/m/y)
1997, c. 31, s. 167 (6, 8, 9) - 01/01/1998; 1997, c. 31, s. 167 (7) - 31/08/1998
- 03/06/2003
5 (1-7) Repealed: 2014, c. 5, s. 51 (2).
Closing of schools
(8) In case of a strike against the Authority or a lockout by the Authority and subject to subsection (9), the Authority may close one or more schools if it is of the opinion that,
(a) the safety of pupils may be endangered during the strike or lockout;
(b) the school building or the equipment or supplies in the building may not be adequately protected during the strike or lockout; or
(c) the strike or lockout will substantially interfere with the operation of the school.听 1997, c.听31, s.听167听(10).
Approval for lock-out, closure
(9) Before closing a school or locking out members of a bargaining unit at a school, the Authority shall obtain the written approval of the minister responsible for the ministry that operates the school.听 1997, c.听31, s.听167听(10).
Section Amendments with date in force (d/m/y)
1997, c. 31, s. 167 (10) - 01/01/1998
- 03/06/2003
- 24/04/2014
6 Repealed: 2014, c. 5, s. 51 (3).
Section Amendments with date in force (d/m/y)
1997, c. 31, s. 167 (10) - 01/01/1998
- 24/04/2014
Regulations
7 (1) The Lieutenant Governor in Council may make regulations governing terms and conditions of employment for principals, vice-principals and system principals. 1997, c.听31, s.听167听(10); 2024, c. 28, Sched. 5, s. 14 (3).
(2) Repealed: 2024, c. 28, Sched. 5, s. 14 (4).
Section Amendments with date in force (d/m/y)
1997, c. 31, s. 167 (10) - 01/01/1998
- 31/01/2025
听