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ONTARIO regulation 303/01

made under the

child and family services act

Made: July 19, 2001
Filed: July 24, 2001
Printed in The Ontario Gazette: August 11, 2001

Amending Reg. 70 of R.R.O. 1990

(General)

1. Subsection 37 (1) of Regulation 70 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(1) The Custody Review Board continued under section 96 of the Act shall consist of not more than 34 members.

2. Subsection 67 (1) of the Regulation is revoked and the following substituted:

(1) The Child and Family Services Review Board continued under section 207 of the Act shall consist of not more than 34 members.

3. The Regulation is amended by adding the following section before the heading “Miscellaneous”:

69.1 (1) The Board shall hear and determine appeals under subsection 311 (5) of the Education Act from decisions to expel pupils made by district school boards and school authorities, as defined in that Act.

(2) To bring an appeal described in subsection (1), a person who is entitled under section 311 of the Education Act to bring the appeal must give the Board a written notice of appeal within 60 days after the date of the decision that is being appealed.

(3) The Board may extend the period of time for giving the written notice of appeal, before or after the expiry of the period, if it is satisfied that there are reasonable grounds for the extension.

(4) The notice of appeal shall,

(a) set out the date of the decision that is being appealed;

(b) set out the name of the district school board or school authority that made the decision;

(c) state whether the decision imposes a limited expulsion as described in subsection 309 (14) of the Education Act or a full expulsion as described in subsection 309 (16) of that Act; and

(d) be in the form, if any, approved by the Minister and available from the Board.

(5) The Board shall not refuse to deal with an appeal on the ground that there is a deficiency in the notice of appeal or that the notice of appeal deviates from the form, if any, approved by the Minister.

(6) The parties to the appeal are:

1. The person who gave the Board the written notice of appeal.

2. The district school board or school authority that made the decision that is being appealed.

3. Any other person specified by the Board.

(7) The Board shall commence a hearing within 30 days after receiving a written notice of appeal.

(8) The Board may extend the period of time for commencing the hearing, before or after the expiry of the period, at the request of any party to the appeal.

(9) The Board shall provide each party, or the party’s counsel or agent, with a copy of the Board’s decision on the appeal within 10 days after completing the hearing.

4. This Regulation comes into force on the later of,

(a) the day it is filed;

(b) June 29, 2001; and

(c) the day section 311 of the Education Act comes into force.