Education Quality and Accountability Office Act, 1996, S.O. 1996, c. 11, Education Quality and Accountability Office Act, 1996
Education Quality and Accountability Office Act, 1996
S.O. 1996, CHAPTER 11
Consolidation Period: From April 1, 2024 to the .
Last amendment: .
Legislative History: 1997, c. 31, s. 148; ; ; ; ; ; ; ; .
Definitions
1 In this Act,
鈥渂oard鈥 has the same meaning as in section 1 of the Education Act; (鈥渃onseil鈥)
鈥淢inister鈥 means the Minister of Education or the minister of the Crown to whom the powers and duties under this Act are assigned or transferred under the Executive Council Act; (鈥渕inistre鈥)
鈥淥ffice鈥 means the Education Quality and Accountability Office; (鈥淥ffice鈥)
鈥渢est鈥 means any method of assessing the academic achievement of elementary and secondary school pupils. (鈥渢est鈥)听 1996, c.听11, s.听1; 1997, c.听31, s.听148听(1); 2017, c. 34, Sched. 46, s. 12 (1).
Section Amendments with date in force (d/m/y)
1997, c. 31, s. 148 (1) - 01/01/1998
- 01/01/2018
Education Quality and Accountability Office established
2 A corporation without share capital known in English as the Education Quality and Accountability Office and in French as Office de la qualit茅 et de la responsabilit茅 en 茅ducation is established.听 1996, c.听11, s.听2.
Objects
3 The Office has the following objects:
1.听 To evaluate the quality and effectiveness of elementary and secondary school education.
2.听 To develop tests and require or undertake the administering and marking of tests of pupils in elementary and secondary schools.
3.听 To develop systems for evaluating the quality and effectiveness of elementary and secondary school education.
4.听 To research and collect information on assessing academic achievement.
5.听 To evaluate the public accountability of boards and to collect information on strategies for improving that accountability.
6.听 To report to the public and to the Minister on the results of tests and generally on the quality and effectiveness of elementary and secondary school education and on the public accountability of boards.
7.听 To make recommendations, in its reports to the public and to the Minister, on any matter related to the quality or effectiveness of elementary and secondary school education or to the public accountability of boards.听 1996, c.听11, s.听3; 2017, c. 34, Sched. 46, s. 12 (2).
Section Amendments with date in force (d/m/y)
- 01/01/2018
Office may require co-operation of boards
4 (1) Without limiting the powers or capacities of the Office, for the purpose of carrying out its objects, the Office may,
(a)听 require a board to administer tests to pupils enrolled in schools of the board, mark the tests and report on the results of the tests to the Office and to the general public within the jurisdiction of the board; and
(b)听 require a board to provide information to the Office, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act.听 1996, c.听11, s.听4听(1).
(2) Repealed:听 1997, c.听31, s.听148听(2).
Directives: when a pupil need not take a test
(3) The Office may issue directives regarding the circumstances in which a pupil need not take a test under this section.听 1996, c.听11, s.听4听(3).
Legislation Act, 2006, Part III
(4) A directive issued under subsection (3) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.听 1996, c.听11, s.听4听(4); 2006, c.听21, Sched.听F, s.听136听(1).
Compliance of boards
(5) A board shall do anything that it is required or directed to do under this section, within the time and in the manner and form specified by the Office.听 1996, c.听11, s.听4听(5).
Compliance of pupils
(6) A pupil shall take any test administered to him or her in accordance with this section.听 1996, c.听11, s.听4听(6).
Section Amendments with date in force (d/m/y)
1997, c. 31, s. 148 (2) - 01/01/1998
- 25/07/2007
Agreements re tests
5 (1) The Office may enter into agreements with a person operating,
(a)听 a private school, as defined in section 1 of the Education Act;
(b)听 a school provided by a band, the council of a band or an education authority where the band, the council of the band or the education authority is authorized by the Crown in right of Canada to provide education for Indians; or
(c)听 a school provided by the Crown in right of Canada,
about administering tests to pupils enrolled in the school, marking the tests and reporting the results of the tests.听 1996, c.听11, s.听5听(1).
Fees
(2) Without limiting the generality of subsection (1), an agreement may provide for the charging of fees by the Office to a person operating a school described in subsection (1).听 1996, c.听11, s.听5听(2).
Capacity to enter agreements not limited
(3) This section shall not be interpreted to limit the ability of the Office to enter into agreements with any person.听 1996, c.听11, s.听5听(3).
Minister: directives and policies
6 (1) The Minister may issue written directives and establish policies on matters relating to the objects of the Office.听 1996, c.听11, s.听6听(1); 2017, c. 34, Sched. 46, s. 12 (2).
Same
(2) The board of directors of the Office shall ensure that the Office operates in accordance with the directives and policies issued or established under subsection (1).听 1996, c.听11, s.听6听(2).
Legislation Act, 2006, Part III
(3) A directive issued under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.听 1996, c.听11, s.听6听(3); 2006, c.听21, Sched.听F, s.听136听(1).
Section Amendments with date in force (d/m/y)
- 25/07/2007
- 01/01/2018
Crown Agency
7 The Office is a Crown agency as defined in the Crown Agency Act.听 1996, c.听11, s.听7.
Delegation of powers of Minister
8 (1) Any power or duty conferred or imposed on the Minister under any Act may be delegated by him or her to the board of directors of the Office, as he or she considers necessary or advisable for the carrying out of the Office鈥檚 objects.听 1996, c.听11, s.听8听(1); 2017, c. 34, Sched. 46, s. 12 (2).
Delegation subject to conditions
(2) A delegation under subsection (1) shall be in writing and is subject to any conditions or restrictions set out in it.听 1996, c.听11, s.听8听(2).
Section Amendments with date in force (d/m/y)
- 01/01/2018
Capacity and powers
9 (1) For the purposes of carrying out its objects, the Office has all the capacity and powers of a natural person, except as limited by this Act and by section 11.0.1 of the Ministry of Infrastructure Act, 2011.听 1996, c.听11, s.听9听(1); 2023, c. 5, Sched. 2, s. 7.
Real property
(2) The Office may not acquire, hold or dispose of an interest in real property, other than a leasehold interest, without first obtaining the approval of the Lieutenant Governor in Council.听 1996, c.听11, s.听9听(2).
Borrowing
(3) The Office may, if it first obtains the approval of the Lieutenant Governor in Council, borrow money or give security against its property, subject to any conditions imposed by the Minister of Finance.听 1996, c.听11, s.听9听(3).
Guarantee
(4) The Lieutenant Governor in Council may by order authorize the Minister of Finance, on behalf of 澳门永利, to agree to guarantee the repayment of loans made to the Office, including interest.听 1996, c.听11, s.听9听(4).
Same
(5) A guarantee given under subsection (4) is subject to any conditions that the Minister of Finance imposes.听 1996, c.听11, s.听9听(5).
Collection of personal information
(6) The Office may collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act for the purpose of carrying out its objects.听 1996, c.听11, s.听9听(6).
Section Amendments with date in force (d/m/y)
- 01/04/2024
Non-application of certain Acts
10 The Not-for-Profit Corporations Act, 2010 and Corporations Information Act do not apply to the Office, except as specifically made applicable by this Act or the regulations made under this Act.听 1996, c.听11, s.听10; 2017, c. 20, Sched. 8, s. 80 (1).
Section Amendments with date in force (d/m/y)
- 19/10/2021
Board of directors
11 (1) The Office shall be managed by its board of directors, which shall be composed of a minimum of seven and a maximum of nine directors appointed by the Lieutenant Governor in Council.听 1996, c.听11, s.听11听(1).
Term
(2) The directors shall be appointed for such terms as may be determined by the Lieutenant Governor in Council and may be reappointed for further terms.听 1996, c.听11, s.听11听(2).
Remuneration
(3) The directors shall receive such remuneration and expenses as may be determined by the Lieutenant Governor in Council.听 1996, c.听11, s.听11听(3).
Vacancies
(4) If the position of a director becomes vacant, the Lieutenant Governor in Council may appoint a person to hold office for the unexpired portion of the term or for a new term.听 1996, c.听11, s.听11听(4).
Temporary vacancies
(5) If the position of a director becomes temporarily vacant because of a leave of absence, the Lieutenant Governor in Council may appoint a person to hold office as acting director during the leave.听 1996, c.听11, s.听11听(5).
Chair
12 (1) One director shall be designated by the Lieutenant Governor in Council to act as the chair of the board of directors.听 1996, c.听11, s.听12听(1).
Acting chair
(2) If the chair is absent or unable to act, the directors shall appoint from among themselves an acting chair.听 1996, c.听11, s.听12听(2).
Meetings
13 (1) The directors shall meet at the call of the chair and, in any event, at least four times a year.听 1996, c.听11, s.听13听(1).
Quorum
(2) A majority of the directors shall constitute a quorum.听 1996, c.听11, s.听13听(2).
By-laws
14 The board of directors may pass by-laws regulating its proceedings, specifying the powers and duties of the officers and employees of the Office and generally providing for the management of the Office.听 1996, c.听11, s.听14.
Conflict of interest and indemnification
15 Sections 132 and 136 of the Business Corporations Act apply with necessary modifications to the Office and to its directors and officers.听 1996, c.听11, s.听15.
Chief Executive Officer
16 (1) The Lieutenant Governor in Council shall appoint a chief executive officer, after consulting with the directors.听 1996, c.听11, s.听16听(1).
Powers and duties
(2) The chief executive officer is responsible for the operation of the Office, the implementation of policies established by the board of directors and the performance of such other functions as are assigned by the board of directors.听 1996, c.听11, s.听16听(2).
Delegation
(3) The board of directors may delegate any of its powers or duties, including any power or duty delegated to it by the Minister, to the chief executive officer, and may impose conditions and restrictions on the delegation.听 1996, c.听11, s.听16听(3); 2017, c. 34, Sched. 46, s. 12 (2).
Same
(4) The chief executive officer may, in writing, delegate to another employee of the Office any of the chief executive officer鈥檚 powers or duties, including any that have been delegated to him or her by the board of directors, and may impose conditions and restrictions on the delegation.听 1996, c.听11, s.听16听(4).
Section Amendments with date in force (d/m/y)
- 01/01/2018
Employees
17 (1) Such employees as are considered necessary for the proper conduct of the affairs of the Office may be appointed under Part III of the Public Service of 澳门永利 Act, 2006.听 2006, c.听35, Sched.听C, s.听29.
Same
(2) The chief executive officer of the Office may exercise any powers and perform any duties or functions that the Public Service Commission may delegate to him or her under Part III of the Public Service of 澳门永利 Act, 2006 in respect of employees appointed under that Part.听 2006, c.听35, Sched.听C, s.听29.
(3) Repealed:听 2006, c.听35, Sched.听C, s.听29.
Professional and other assistance
(4) The Office may engage persons other than those employed under subsection (1) to provide professional, technical or other assistance to or on behalf of the Office and may prescribe the terms of engagement and provide for payment of remuneration and expenses of such persons.听 1996, c.听11, s.听17听(4).
Section Amendments with date in force (d/m/y)
- 20/08/2007
Fees
18 (1) Subject to the approval of Management Board of Cabinet, the Office may set fees for any class of goods or services provided by it to any class of persons.听 1996, c.听11, s.听18听(1).
Same
(2) Despite subsection (1), the approval of Management Board of Cabinet is not required in relation to fees referred to in subsection 5 (2).听 1996, c.听11, s.听18听(2).
Revenues and investments
19 (1) Despite the Financial Administration Act, the revenues and investments of the Office do not form part of the Consolidated Revenue Fund.听 1996, c.听11, s.听19听(1).
Payments to Consolidated Revenue Fund
(2) When ordered to do so by the Minister of Finance, the Office shall pay into the Consolidated Revenue Fund any money that the Minister of Finance determines is surplus to its requirements.听 1996, c.听11, s.听19听(2).
Reserves
(3) In determining the amount payable under subsection (2), the Minister of Finance shall allow such reserves for the future needs of the Office as he or she considers appropriate, and shall ensure that the payment ordered under subsection (2) will not impair the Office鈥檚 ability to pay its liabilities, to meet its obligations as they become due or to fulfil its contractual commitments.听 1996, c.听11, s.听19听(3).
Temporary investments
20 The Office may invest money that is temporarily surplus to its requirements in,
(a)听 notes, bonds, debentures and other evidences of indebtedness issued or guaranteed as to principal and interest by Canada, a province of Canada, an agency of the Government of Canada, an agency of the government of a province of Canada, a bank listed in Schedule I or II to the Bank Act (Canada) or another financial institution authorized to carry on business in Canada; and
(b)听 deposit receipts, deposit notes, certificates of deposit, acceptances and other investment instruments issued, guaranteed or endorsed by a financial institution authorized to carry on business in Canada.听 1996, c.听11, s.听20.
Fiscal year
21 The Office鈥檚 fiscal year begins on the 1st day of April in each year and ends on the 31st day of March in the following year.听 1996, c.听11, s.听21.
Annual budget
22 (1) The board of directors shall submit to the Minister of Education and Training for his or her review and approval, annually, on or before a date specified by the Minister, the Office鈥檚 proposed budget for the next fiscal year.听 1996, c.听11, s.听22听(1).
Same
(2) The Minister may require the board of directors to make any changes to the proposed budget that he or she considers appropriate.听 1996, c.听11, s.听22听(2); 2017, c. 34, Sched. 46, s. 12 (2).
Section Amendments with date in force (d/m/y)
- 01/01/2018
Annual plan of operation
23 (1) The board of directors shall submit to the Minister of Education and Training for his or her review and approval, annually, on or before a date specified by the Minister, a plan for the Office鈥檚 next year鈥檚 operations.听 1996, c.听11, s.听23听(1).
Multi-year plan
(2) The Minister of Education and Training may require the board of directors to submit to him or her for review and approval a plan for the Office鈥檚 future operations projected over several years as specified by the Minister.听 1996, c.听11, s.听23听(2).
Changes required by Minister
(3) The Minister may require the board of directors to make any changes to a plan submitted under this section that he or she considers appropriate.听 1996, c.听11, s.听23听(3); 2017, c. 34, Sched. 46, s. 12 (2).
Section Amendments with date in force (d/m/y)
- 01/01/2018
Accounting
24 (1) The board of directors shall establish and maintain an accounting system satisfactory to the Minister.听 1996, c.听11, s.听24听(1); 2017, c. 34, Sched. 46, s. 12 (2).
Auditors
(2) The board of directors shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the Office鈥檚 accounts and financial transactions annually.听 1996, c.听11, s.听24听(2); 2004, c.听8, s.听46.
Disclosure to Auditor General
(3) The board of directors shall make available to the Auditor General, on his or her request, the auditor鈥檚 report and all accounts, records and other documents relating to the audit.听 1996, c.听11, s.听24听(3); 2004, c.听17, s.听32.
Audit required by Minister
(4) The Minister may require that any aspect of the Office鈥檚 accounts or financial transactions be audited by an auditor appointed by the Minister for the purpose.听 1996, c.听11, s.听24听(4); 2017, c. 34, Sched. 46, s. 12 (2).
Same
(5) The auditor shall submit the results of any audit performed under subsection (4) to the Minister and to the board of directors.听 1996, c.听11, s.听24听(5); 2017, c. 34, Sched. 46, s. 12 (2).
Section Amendments with date in force (d/m/y)
- 01/11/2005; - 30/11/2004
- 01/01/2018
Annual report
25 (1) The Office shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 12 (3).
Same
(2) The Office shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,
(a)听 the form and content of the annual report;
(b)听 when to provide it to the Minister; and
(c)听 when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 12 (3).
Same
(3) The Office shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 12 (3).
Section Amendments with date in force (d/m/y)
- 01/01/2018
Tabling of annual report
25.1 The Minister shall table the Office鈥檚 annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 12 (3).
Section Amendments with date in force (d/m/y)
- 01/01/2018
Other reports
25.2 (1) The Minister may require the Office to provide other reports on the Office鈥檚 affairs, objects, powers or duties. 2017, c. 34, Sched. 46, s. 12 (3).
Same
(2) Additionally, the Office may report to the Minister at any time. 2017, c. 34, Sched. 46, s. 12 (3).
Section Amendments with date in force (d/m/y)
- 01/01/2018
Regulations
26 (1) The Lieutenant Governor in Council may make regulations,
(a)听 governing the decision-making procedures followed at directors鈥 meetings;
(b)听 prescribing objects of the Office in addition to those set out in section 3;
(c)听 making any provision of the Business Corporations Act, the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act applicable to the Office, with such modifications as the Lieutenant Governor in Council considers necessary or advisable;
(d)听 authorizing personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act to be collected by the Office, for the purpose of carrying out its objects, in a manner other than directly from the individual to whom the information relates and regulating the manner in which the information is collected;
(e)听 respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.听 1996, c.听11, s.听26听(1); 2017, c. 20, Sched. 8, s. 80 (2).
Consultation
(2) Before a regulation is made under subsection (1), the Minister shall consult with the Office about it.听 1996, c.听11, s.听26听(2); 2017, c. 34, Sched. 46, s. 12 (2).
Section Amendments with date in force (d/m/y)
- 19/10/2021; - 01/01/2018
Obligation re personal information
27 (1) Before disclosing personal information obtained under this Act, the person who obtained it shall delete from it all names and identifying numbers, symbols or other particulars assigned to individuals unless disclosure of the names or other identifying information is otherwise authorized under the Freedom of Information and Protection of Privacy Act.听 1996, c.听11, s.听27听(1).
Same
(2) This section applies to personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act.听 1996, c.听11, s.听27听(2).
Protection from personal liability
28 (1) No proceeding for damages shall be instituted against a director, officer or employee of the Office for an act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of any duty or authority under this Act.听 1996, c.听11, s.听28听(1).
Crown not relieved of liability
(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.听 1996, c.听11, s.听28听(2); 2019, c. 7, Sched. 17, s. 62.
Section Amendments with date in force (d/m/y)
- 01/07/2019
29 Omitted (amends or repeals other Acts).听 1996, c.听11, s.听29.
30 Omitted (provides for coming into force of provisions of this Act).听 1996, c.听11, s.听30.
31 Omitted (enacts short title of this Act).听 1996, c.听11, s.听31.
听