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The Pamphlet Collection of Sir Robert Stout: Volume 42

I.—Amendments in the Law

I.—Amendments in the Law.

1. It is now the duty of the Minister to apportion annually, on or before the first of May in each year, the Legislative Grant in aid of Public and Separate Schools according to the returns for the last preceding year of the whole population of Ontario, which the Clerks of the respective Counties, Cities and Towns separated are now required to furnish to the Minister on or before the first day of April in each year. This duty is, therefore, to be performed immediately by the Several Clerks, using as the basis of their returns for the population of each County, City or Town separated the Assessment Rolls for the last year.

2. School Corporations purchasing authorized prize or library books, maps or apparatus from booksellers or others, are entitled to an equal amount from the Depository stock or half in cash, as they may desire. Normal School Students can obtain from the Depository, at cost price, text and library books, maps and apparatus; Teachers' Associations, works on education, and Public Institutions receiving Provincial aid, library, prize and text books, maps and apparatus.

3. The Franchise in the case of all Public Schools has been extended so as to include income voters who have paid a school tax, while all formerly qualified continue to be so.

4. The mode of electing the Trustees of School Boards in Cities, Towns, Villages and Townships, has been clearly provided for, as will be seen from the Act itself; while in the case of Rural School Sections the old mode has not been changed except as to the day of the Annual Meeting, which will in future be on the last Wednesday in December in each year, or if a holiday, on the day following.

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5. The duties of Municipal Councils in organized Townships apply to every organized Township in the Province; but with respect to unorganized Townships and Municipalities composed of more than one Township, but without County organization, the law is now clear, owing to the amendment in section 10 of the new Act, which provides that the Municipal Councils in such case can form portions of the Townships into School Sections or a School Board as they see fit.

6. It is important to know that the powers of Trustees of rural school sections to levy or collect upon their own authority public school rates has ceased, excepting as to pending proceedings, which may be prosecuted until the rates are collected; and henceforth the machinery for the collection of all school rates as well as other rates is the same, the basis for the requisition of the School Trustees being the Assessment Roll, and the collections being through the Municipal Collector and other Municipal officials.

7. Any surplus school money (not derived from the Municipalities' Fund, or the Municipal Loan Fund surplus) may be apportioned amongst school sections according to the average attendance of pupils at each school.

8. The amount payable from the County Rate for Teachers' salaries can either be paid by the County Treasurer under the direction of the County Inspector to any teacher direct, or transmitted to the respective sub-Treasurers.

9. It is made clear that all pupils, children of non-residents, are liable to pay a school fee, not exceeding twenty-five cents for each month.

10. In arbitrations for taking school sites all interests, including those of Owners, Mortgagees, Tenants and others, can be dealt with.

11. As to Union School Sections the following doubtful points are settled:—
(1.)The union is considered for inspection, taxation, borrowing of money and all school purposes, as within the Municipality in which the school house is situate.
(2.)Part of the portion of the Municipality forming the union may be withdrawn, but any proceeding of this nature is always, as well as the whole portion, in the discretion of the Municipal Council.page 44
(3.)On the first day of January next the provisions as to a union formed after the second day of March 1877, will apply to all unions formed before that date, and as to the latter, the period of five years runs from the time they were first established.

12. The Public School Board of any City is empowered to constitute one or more of the Public Schools in such City a Model School for the preliminary training of Public School Teachers, subject to the Regulations of the Department.

13. As to Separate Schools, in order to improve their efficiency, while recognizing the principles on which they can be established, the following has been enacted:—
(1.)Elections of Trustees in Cities, Towns, and Villages are to be held, as provided in the case of Public School Boards, and in Townships, as in Rural School Sections.
(2)Trustees can borrow on the security of the School premises or rates, repayable with interest, by instalments or otherwise.
(3.)A nonresident owner of unoccupied land can, if a Separate School supporter, require the School rates thereon to be paid to the Separate School, if any, in such Municipality.
(4.)Any Separate School rates charged upon real estate and uncollected at the end of any one year can, as in the like cases of Public School rates, be advanced by the Township.
(5.)So much of the General County rate for salaries of Public School Teachers which may be levied from Separate School supporters is to be paid over to the Separate School Trustees, if any, in the Township.
(6.)In cases where the Trustees of R. C. Separate Schools exercise their option of having the Separate School rates collected by the Municipal machinery, the Assessor can accept the knowledge of a person being a Roman Catholic as prima facie evidence of his being a Separate School supporter.
(7.)The Education Department can authorize a separate School to become a Model School for the preliminary training of Teachers for Separate Schools; and in such case, or in the special circumstances of Separate Schools in any County, the Minister may recommend to the Lieutenant-Governor in Council, the appointment of an additional member of the County Board of Examiners possessing qualifications prescribed by the Education Department.
(8.)The thirtieth section of the Separate School Act is now defined to comprise Teachers qualified either in the Pro- page 45 vince of Ontario, or at the time of the passing of the British North America Act in the Province of Quebec.
14. The powers of Public and High School Boards, in requiring Municipal Corporations to raise, upon the requisition of such Board, any sum which they might demand, has been circumscribed as to expenditure on capital account to the extent following, viz.:
(1.)The Municipal Council may, by a two-thirds vote, refuse to raise the amount demanded.
(2.)In case of refusal the School Board may require the question to be submitted to the Municipal electors qualified to vote on By-laws for creating debts, and on the assent of a majority of the electors being obtained the Municipal Council must pass the By-law.

15. In case of the Rural School Sections, Trustees cannot borrow or raise any money for expenditure on capital account unless the proposition has been first approved of at a general meeting of the qualified school electors.

16. The above provisions do not apply to cases where School Boards have, before the passing of this Act (the 11th March, 1879); resolved upon or entered upon any such expenditure under their former powers.

17. Debentures for the loan of money for School purposes may be for a term not exceeding twenty years; and may be repayable by instalments of principal as provided by the Municipal Act.

18. The Board of Examiners for the admission of pupils to the High School is now confined to the Public School Inspector and the Head Master of the High School, the expenses being equally borne by both School Boards, after deducting any fees therefor to be prescribed by the Regulations of the Department under which candidates, being non-residents of the County (or City or Town separated), will be required to pay a moderate fee; as also unsuccessful candidates.

19. As to High Schools, the thirtieth section has been made more clear, so as to carry out what was intended. The Board of Education, while one corporation, is yet to act in Public School matters and High School matters respectively, as if invested with all the powers of Public and High School Boards respectively.

20. In case of a tie in any quorum of a Public. Separate or High page 46 School Board on any question the Chairman has an additional vote to his own.