Agreements tees as to pay- Proviso. Distribution of county rate. Borrowing powers of trustees of separate schools. year, to cause, through their collectors and other municipal officers, to be levied in each year, upon the taxable property liable to pay the same, all sums of money for rates or taxes legally imposed thereon in respect of separate schools by competent lawful authority in that behalf and at their request, and the council shall account annually for the sums so to be collected, and any expenses attending the assessment, collection or payment of school rates by the municipal council, or any of its officers, for the trustees entitled thereto, shall be payable by the municipality, and the said rates, as and when collected, shall within a reasonable time thereafter, and not later than the fourteenth day of December in each year, be paid over to the trustees, without any deduction whatever. 49 V. c. 46, s. 56. 56. Any board of separate school trustees, and the council of any municipality (three-fifths of whose members are not separate school supporters), may enter into an agreement for a term of years, that for each year of the said term, and at such times and in such sums as may be agreed upon, there shall in lieu of and as being the amount to be levied and collected in such year for separate school purposes, be paid by the municipality to the board a fixed proportion of the total amount levied and collected within the municipality in and for the year for both public and separate school purposes; provided always, that if in and for any year the rate in the dollar of assessment actually levied for separate school purposes within the municipality is not the same as that actually levied therein for public school purposes, then the agreement shall not be in force for or apply to such last mentioned year; provided also that any agreement made as aforesaid may be determined at the end of any calendar year on giving six months' notice by either of the parties thereto to the other party. 49 V. c. 46, s. 57. 57. The county inspector of public schools shall, before distributing the county rate among the public school sections, deduct the amount certified to him by the clerk of any municipality in which any separate school section or part of a section is situate, according to the list given by the clerk, of the supporters of separate schools against whom the county rate for public school purposes has been placed and rated, and shall give the trustees of the separate school section an order on the county treasurer or sub-treasurer for the amount so placed and rated, and it shall be the duty of the treasurer or sub-treasurer to pay over the same. 49 V. c. 46, s. 58. 58.—(1) The trustees of a separate school shall have full power as a body corporate to borrow money for school purposes, and to make valid mortgages and other instruments for the security and payment of such borrowed money, or of moneys payable or to be paid for school sites, school buildings. or additions thereto, or the repairs thereof, upon the school house property and premises, or any other real or personal property vested in them, or upon the separate school rates, and any ratepayer who was a separate school supporter at the time when the loan was effected on the security of the said rates or property shall, while resident within the section or municipality within which the separate school is situate, continue to be liable for the rate to be levied for the repayment of the loan. (2) The principal money representing any sum so borrowed may, in the mortgage or other instrument securing the repayment thereof, be made payable in annual or other instalments, with or without interest, and the trustees, in addition to all other rates or moneys which they may now levy in any one year, shall also have power and authority to levy and collect such further sum or sums as in each year may be requisite for paying all principal money and interest falling due in such year under the terms of such mortgage or other instrument aforesaid, and the said sums shall be levied and collected in each year in the same manner and form, and from the like persons and property by, from, upon or out of which other separate school rates may now be levied and collected. 49 V. c. 46, s. 59. (3) The mortgages and other instruments which the trustees have power to make, as aforesaid, for the security and payment of money borrowed or payable for school purposes may, in the discretion of the trustees, be made in the form of debentures; and debentures shall be a charge on the same property and rates aforesaid, as in the case of mortgages thereof made by the trustees, as in sub-section 1 mentioned. (4) Every by-law of the trustees for the issue of such debentures shall be sealed with the corporate seal of the board of trustees, and shall be signed by the chairman and secretary of the board, and the by-law may be quashed by application to the High Court at Toronto, in the same way as municipal by-laws may be quashed. (5) The by-law shall name a day in the financial year in which the same is passed when the by-law is to take effect, and shall state the whole of the debt and the obligations to be issued thereunder, and shall make the same payable in twenty years at furthest from the day on which the by-law takes effect, and shall provide for including thereafter in the yearly separate school rate a sufficient sum for the payment of an amount sufficient to pay the yearly interest during the currency of the debentures, and also a certain specific sum to be realized annually for the payment of the principal, which specific sum shall be sufficient with the estimated interest on the investments thereof to discharge the debt when payable. (6) Every such by-law, before being acted upon, shall be published for at least three successive weeks in some public newspaper published weekly, or oftener, in the city, town or county in which the separate school is situate, and if no application to quash the by-law shall be made for three months after the publication thereof as aforesaid, the by-law shall, as in the case of a municipal by-law, be valid, notwithstanding any want of substance or form in the by-law or in the time or manner of passing the same. (7) No debenture issued under the by-law shall be for less than $100. The debentures may be in the form following: PROVINCE OF ONTARIO, No.... Debenture of the Board of Trustees of the Roman Catholic Separate Schools for (or other corporate name of the Board, as the case may be), The Board of Trustees of the Roman Catholic Separate Schools for hereby promise to pay to bearer at the Bank of day of Issued this by virtue and under authority of the Separate Schools Act, and pursuant to by-law number of Separate School Trustees, passed on the entitled a by-law to raise by way of loan the sum of for the purposes therein mentioned, bearing date the of said Board day of 18 dollars day of A. B., Chairman. Coupon No.... Separate schools entitled to a share of the at The Board of Trustees of the Roman Catholic Separate School for on the day of 18 the sum of dollars, (8) Nothing contained in the preceding five sub-sections shall be deemed to declare or imply any construction of any statute or of any provision thereof, passed prior to the twentieth day of April, in the year 1887, or as declaring or implying that the trustees had not theretofore power to make and issue debentures for the security and payment of money borrowed or payable for school purposes. 50 V. c. 41, s. 1. 59. Every separate school shall be entitled to a share in the fund annually granted by the Legislature of this Province for the support of public schools, and shall be entitled also to a public grant. share in all other public grants, investments and allotments for public school purposes now made or hereafter to be made by the Province or the municipal authorities, according to the average number of pupils attending the school during the twelve next preceding months, or during the number of months which may have elapsed from the establishment of a new separate school, as compared with the whole average number of pupils attending school in the same city, town, village or township. 49 V. c. 46, s. 60. share of local 60. Nothing herein contained shall entitle a separate But not to any school within any city, town, incorporated village or town- assessment for ship, to any part or portion of school moneys arising or public schools. accruing from local assessment for public school purposes within the city, town, village, or township, or the county or union of counties within which the city, town, village or township is situate. 49 V. c. 46, s. 61. separate 61. The teachers of a separate school under this Act Certificates shall be subject to the same examinations, and receive their to teachers of certificates of qualification, in the same manner as public school schools. teachers generally; but the persons qualified by law as teachers, either in the Province of Ontario, or, at the time of the passing of The British North America Act, in the Province of Quebec, shall be considered qualified teachers for the purpose of this Act. 49 V. c. 46, s. 62. 62. The trustees of every separate school shall, on or before Return to be transmitted by the thirtieth day of June and the thirty-first day of December trustees. of every year, transmit to the Minister of Education a correct return of the names of the children attending the school, together with the average attendance during the next preceding six months, or during the number of months which have elapsed since the establishment thereof, and the number of months it has been so kept open; and the Minister shall thereupon determine the proportion which the trustees of the separate school are entitled to receive out of the legislative grant, and shall pay over the amount thereof to the trustees. 49 V. c. 46, s. 63. separate 63. The Minister of Education, all Judges, Members of the Visitors of Legislature, the heads of the municipal bodies in their respec- schools. tive localities, the inspectors of public schools, and the clergymen of the Roman Catholic Church, shall be visitors of separate schools. 49 V. c. 46, s. 64. 64. The Roman Catholic separate schools (with their reg- Inspection of isters) shall be subject to such inspection as may be directed schools. from time to time by the Minister of Education, and shall be subject also to such regulations as may be imposed from time to time by the Education Department. 49 V. c. 46, s. 65. for teachers of 65. The Education Department may authorize a separate Model schools school in any county to be constituted a model school for the separate training of teachers for separate schools, subject to the regula- schools. tions of the department, and where in any county such model school has been established, or from the special circumstances of the separate schools therein, the Minister of Education Appointment of trustee of high school by trustees of separate school. Disagreement between trustees, inspectors, etc. Superannuation fund. Repayment to wife, etc., of deceased teacher. Right of teacher to retire on should deem it expedient, he may recommend for appointment by the Lieutenant-Governor in Council some one competent person possessing qualifications prescribed by the Education Department to be a member of the county board of examiners of such county in addition to the number now authorized, and who shall possess and discharge the like powers and duties as the other members of the board. 49 V. c. 46, s. 66. 66. In the case of a separate school established under this Act in any city, town, or incorporated village in which a high school is established, it shall be lawful for the trustees of the separate school to appoint any ratepayer (not one of themselves) as trustee of such high school, provided always that in the case of a united high and public school board such trustee shall not take any part in the proceedings of the board in regard to any matters affecting the public school. 49 V. c. 46, s. 67, 67. In the event of a disagreement between trustees of Roman Catholic separate schools and inspectors of public schools, or other municipal authorities, or in the event of a protest against the election of a rural school trustee, or other procedings of a rural school meeting, made in writing and signed by five supporters of the separate school concerned, the case in dispute shall be referred to the equitable arbitrament of the Minister of Education, subject nevertheless to appeal to the Lieutenant-Governor in Council, whose award, shall be final in all cases. 49 V. c. 46, s. 68. SUPERANNUATION. 68. Every teacher or inspector whose name is entered as having paid into the fund for the support of superannuated teachers, may contribute to such fund in such manner as may be prescribed by the Education Department, the sum of at least $4 annually. 49 V. c. 46, s. 69. 69. On the decease of any teacher or inspector, his wife, her husband, or other legal representative, shall be entitled to receive back the full amount paid into the superannuation fund by such teacher or inspector, with interest at the rate of seven per cent per annum. 49 V. c. 46, s. 70. 70.-(1) Every teacher or inspector who, while engaged in his profession, contributed to the superannuated teachers reaching sixty fund as provided by this Act, shall on reaching the age of years of age. sixty years be entitled to retire from the profession at his discretion, and receive an allowance or pension at the rate of $6 per annum, for every year of such service in Ontario, upon furnishing to the Education Department satisfactory evidence of good moral character, of his age, and of the length of his service as teacher or inspector. |