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 AMENDMENTS 
 
 TO 
 
 PUBLIC AND HIGH 
 SCHOOLS ACTS 
 
 SINCE 190 
 
 PRINTED BY ORDER OF 
 
 THE EDUCATION DEPARTMENT OF ONTARIO 
 
 TORONTO : 
 Printed by L. K. CAMERON, Printer to the King's Most Ejtcellent Majeity 
 
 1907 
 
AMENDMENTS 
 
 TO 
 
 PUBLIC AND HIGH 
 SCHOOLS ACTS 
 
 SINCE 
 
 1901 
 
 PRINTED BY ORDER OF 
 
 THE EDUCATION DEPARTMENT OF ONTARIO 
 
 ^^ 
 
 ^ 
 
 0HHJ 
 
 
 
 TORONTO: 
 Printed by L. K. CAMERON, Printer to the King's Most Excellent Majesty 
 
 1907 
 
EXCHANS8 
 
 WARWICK BRO'S & RUTTER, Umited. Printers, 
 TORONTO. 
 
 la s.A. 
 

 AN ACT TO AMEND THE EDUCATION DEPART- 
 MENT ACT. 
 
 Assented to 26th April, 1904. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 1. Subsection 1 of section 7 of The Education ^^?><^^^- J ^8^' ^/n 
 went Act is amended by adding thereto the following: — amended. 
 
 **Also to apportion under the provisions of such regula- ^PP^^^jJjPy'J^o?^ 
 tions as may be made by Order in Council all sums of Jree^text-books 
 money voted by the Legislative Assembly for aiding public districts, 
 and separate school boards in rural districts to furnish 
 certain text-books free of cost." 
 
 AN ACT TO AMEND THE PUBLIC SCHOOLS ACT. 
 
 *" Assented to 17th March, 1902. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — , 
 
 1. Section 21 oi The Public Schools Act is amended byiEdw. vii., 
 strik'ng out the words **city or town" in the fourth, sixth ^" '"" 
 and thirteenth lines and substituting therefor the words 
 "urban municipality;" and by adding to the words "urban conveyance of 
 municipality" thus substituted in the thirteenth line the ^Xi-gcw 
 following words, "to pay for the conveyance of the pupils ^^^ct^^ns to ^^ 
 to such schools." 
 
 2. Section 41 of the said Act is hereby amended by add- 1 e^^- vii., 
 ing to the first subsection the following: "or on request amended.' 
 made in like manner to pass by-laws to consolidate two or consolidation 
 more sections into one for the purpose of providing a cen- of two or more 
 tral school. The trustees of the sections thus united shall central school, 
 continue to be trustees of the united section, but if deemed 
 expedient the municipal council may by by-law limit the 
 number of the school board to two members for each sec- 
 tion, each trustee holding office for two years and one re- 
 tiring annually by rotation. The trustees shall have all 
 
 the powers ordinarily exercised by trustees of a rural school 
 section, and in addition the power to meet the cost of con- 
 veyance of children to the central school established under 
 the jurisdiction of the board." 
 
 [3] 
 
 M533357 
 
1 Edw. VII. 
 c. 39, s. 61, 
 amended. 
 
 3. — (1) Section 61 of The Public Schools Act is amended 
 by adding thereto the following subsections : — 
 
 Election of 
 trustees when 
 council elected 
 by general 
 vote. 
 
 Proviso. 
 
 (7) In cities and towns, until a resolution has been 
 passed under the preceding subsection, the 
 school .trustees shall continue to be elected by 
 
 wards notwithstanding that the aldermen or 
 councillors are elected by a general vote and 
 the division of any city or town into wards 
 under any former provision of The Municipal 
 Act or any special Act in force at the time of 
 the abolition of wards for the purpose of muni- 
 cipal elections, shall be deemed to be continued 
 for the purpose of the election of public school 
 trustees. 
 
 (8) Where the board of trustees are elected by ballot 
 
 the election of public school trustees in such 
 city or town shall be conducted as nearly as may 
 be in the same manner provided by section 61 
 of *his Act and the officers for holding such 
 .election shall be appointed by the municipal 
 council as if the election of councillors or alder- 
 men by general vote had not been^ adopted or 
 prescribed for such city or town. 
 
 (9) Where the election of trustees is not by ballot the 
 
 election of ptiblic school trustees in such city 
 or town shall take place as nearly as may be in 
 accordance witt the provisions of section 60 of 
 this Act. 
 
 (2) Provided that nothing in this section contained shall 
 affect the validity of any election of public school trustees 
 heretofore held. 
 
 c.^M.e"' ^' — (^"^ Subsection 1 of section 63 of The Public Schools 
 
 amended ^^^ ^^ amended by inserting therein after the word **trus- 
 
 tee" in the second line the words ''or as to the return made 
 
 Subs. 2, 
 amended. 
 
 by any returning officer." 
 
 (2) Subsection 2 of the said section 63 is amended by 
 inserting therein after the word "elected" in the second 
 line the w^ords ''or may order a new election." 
 
 retroactive.^ (3) The amendments made by this" section shall apply to 
 elections heretofore held as well as to those held after the 
 passing of this Act. 
 
 Manual train- 
 ing and 
 domestic 
 science classes. 
 
 5.— (1) The Board of High School Trustees, the Board of 
 Public School Trustees and the Board of Separate School 
 Trustees or the Board of Education and the Board of Sepa- 
 rate School Trustees or any of such boards in any city or 
 town may enter into agreements for the formation and car- 
 
rying on of classes for manual training and domestic 
 science in connection with the work of the schools under 
 the management of such boards, and for providing suitable 
 buildings, apparatus and appliances for carrying on such 
 classes, and the appointment of teachers therefor. 
 
 (2) The school corporations so agreeing may delegate the 
 management and control of such classes and the buildings, 
 apparatus and appliances used in connection therewith, to 
 a joint committee composed of representatives of each of 
 such school corporations, and any joint committee so ap- 
 pointed may procure from time to time such buildings, 
 apparatus, appliances and material as may be deemed 
 necessary for carrying on the said classes, and may engage 
 teachers therefor. 
 
 (3) Each of the members of such joint committee shall 
 hold office during the pleasure of the school corporation by 
 which he is appointed. 
 
 (4) Every joint committee appointed under this section 
 shall annually on or before the first day of February, fur- 
 nish to each of the school corporations represented an esti- 
 mate showing the amounts required for carrying on the 
 work of such classes during the then current year, and such 
 school corporations shall include in the estimates to be 
 furnished to the council of the city or town the amount > 
 so required for the said classes, and the same may be in- 
 cluded in the school rates of the municipality and levied 
 and collected therewith. 
 
 6. Subsection 1 of section 74 of The Public Schools Actl^^-^^^^}- 
 is amended by inserting therein after the word ''thereto" s^s^i. ^' 
 in the fourth line the words "or repairs or improvements 
 of the school property." 
 
 AN ACT TO AMEND THE PUBLIC SCHOOLS. ACT. 
 
 Assented to 12th June, 1903. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 1. Section 16 of The Public Schools Act is amended byJ^^^gVii. 
 striking out the words "with the consent, expressed in amended. ' 
 writing," in the fourth line, and inserting in lieu thereof 
 the following words, "by giving notice in writing, of such 
 resignation to each." 
 
6 
 
 1 Edw. VII. 
 c. 39. s. 41, 
 
 amended. 
 
 Union school 
 sections. 
 
 2. Subsection 2 of section 41 of The Public Schools Act 
 is amended by adding after the word "section" in the 4th 
 line the following words, "or to unite parts of existing sec- 
 tions so as to form a neT\ aection." 
 
 1 Edw. VII., 
 c. 39, s. 54, 
 subs. 1, 
 amended. 
 
 Sijbs. 2, 
 amended. 
 
 Subs. 3, 
 amended. 
 
 3. — (1) Subsection (1) of section 54 of The Public Schools 
 Act is amended by striking out the word "three" in the 
 first line of the said subsection and inserting in lieu thereof 
 the word "five." 
 
 (2) Subsection (2) of the said section is amended by 
 striking out the word "three" in the last line of the said 
 subsection and inserting in lieu thereof the word "five." 
 
 (3) Subsection (3) of the said section is amended by 
 striking out the word "three" in the last line of the said 
 subsection and inserting in lieu thereof the word "five." 
 
 Costs of 
 assessors and 
 arbitrators. 
 
 4. The cost of proceedings under the said section 54, in- 
 cluding the fees of assessors and arbitrators, shall be borne 
 and be paid by the municipality in which the union school 
 section is situate, and in case such section includes por- 
 tions of two or more municipalities the said cost shall be 
 borne and be paid by the municipalities in the same pro- 
 portion as the equalized assessments of the municipalities 
 bear to each other. 
 
 1 Edw. VII., 
 C. 39, s. 7«, 
 subs. 1, 
 amended. 
 
 Submission of 
 question to 
 vote of 
 electors. 
 
 Rev. Stat. 
 c. 223. 
 
 5. Subsection 1 of section 76 of The Public Schools Act 
 is repealed and the following substituted therefor : — 
 
 (1) The municipal council of any urban municipality 
 may, on the application of the board of public school trus- 
 tees, pass a; by-law for borrowing money by the issue and 
 sale of debentures for the purchase of a school site or for 
 the erection of a school house or anv addition thereto or 
 for the purchase or erection of a teacher's residence, which 
 debentures and the money to be raised annually therefor 
 shall be chargeable only upon tlfe property of ratepayers 
 who are supporters of public schools. Where the muni- 
 cipal council refuses to issue such debentures to raise or 
 borrow the sum required for the said purposes, then the 
 question shall be submitted by the municipal council, if 
 requested by the board of trustees, to the vote of the elec- 
 tors qualified to vote under The Municipal Act for the 
 creating of debts, and who are supporters of public schools, 
 in the manner therein provided, and on the assent of such 
 electors being obtained the council shall issue such deben- 
 tures to raise or borrow such sum to be chargeable as afore- 
 said. 
 
 1 Edw. VII. 
 c. 39, s. 86, 
 subs. 8, 
 amended. 
 
 6. Subsection 8 of section 86 of The Public Schools Act 
 is amended by striking out all the words of the subsection 
 after the word "addition" in the third line, and substiiut- 
 
f 
 
 ing therefor the following words, '^sucli sum anniially for 
 reasonable travelling expenses, as mav be determined by 
 the county council, but in no case shall the sum so paid be 
 less than 1150 annually. Where the number of schools 
 exceeds fifty there shall be paid annually the further sum 
 of |1.5j0 for each additional school up to one hundred .and 
 fifty." 
 
 7. Section 94 of The Public Schools Act is amended byiEdw:yn. 
 
 c 39 s 94 
 
 adding the words *'or Public School Inspector" after the aimended.' 
 word ''teacher" in the 1st and 5th lines, and by adding 
 after the word * trustees" in the 2nd line of the said section 
 the words "in the case of a teacher and the county council, 
 in case of a Public School Inspector," and by striking out Retiring 
 the word "him" in the 2nd line and inserting in lieu to inspector 
 thereof the words "the teacher or Public School Inspector 
 as the case may be." 
 
 AN ACT TO AMEND THE PUBLIC SCHOOLS ACT. 
 
 Assented to 26th Avril, 1904. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 1. Section 21 of The Public Schools Act, as amended by i Edw. vii., 
 section 1 of the Act passed in the second year of His amended.' 
 Majesty's reign and chaptered 40, is further amended by ^jj^jigsion ^j 
 adding after the words "urban municipality" wherever pupils of rural 
 thev occur in the said section the words "or school section," tourt>an^^ ^°°^ 
 and by striking out the word "the" in the thirteenth line '^^*^^''' «^°- 
 and inserting in lieu thereof the word "such." 
 
 2. — (1) Subsection 2 of section 34 of The Public Schools i 'Edw. wii., 
 Act is amended by striking out all the words therein af ter 2,' Saended"^^' 
 the word "meeting" in the seventh line of the said subsec- ^^g^j.(j ^^^ 
 tion and inserting in lieu thereof the words "shall make and arbitrators as to 
 publish their award, and may in and by the said award schooi""'^^ 
 approve of the site so selected by the said trustees or may 
 change the boundaries of the same or may select such other 
 site as the said arbitrators or. the majority of them present 
 as aforesaid may deem more suitable for the purpose." 
 
 (2) Section 34 of The Public Schools Act is amended by i Edw. vii., 
 adding the following as subsection 4 : — amended^.' 
 
 (4) No action at law to set aside any award made under ^°J^^r?t^°Qf 
 this Act shall be undertaken by, or at the instance of, the ratepayers to 
 trustees of any rural school section without the consent of aside award. 
 
8 
 
 the majority of the ratepayers of the section present at a 
 special meeting duly called to consider the advisability of 
 such action at law being undertaken. 
 
 1 Edw. VII. 
 C. 39,8. 41, 
 amended. 
 
 Proviso. 
 
 3. The paragraph numbered 1 in section 41 of The Public 
 Schools Act as amended by section 2 of the Act passed in 
 the second year of His Majesty's reign, and chaptered 40, 
 is further amended by adding at the end thereof the fol- 
 lowing words : — 
 
 ''Provided that when all the school sections in a town- 
 ship have been consolidated the municipal council may 
 limit the number of trustees constituting the public school 
 board to six, after at least one month's notice in writing 
 has been given to the Secretary of the Public School Board 
 of the intention to consider a resolution to that effect." 
 
 1 Edw. VII., 
 c. 39, s. 45, 
 amended. 
 Sphool sections 
 existing 1st 
 April, 1904, 
 deemed legally 
 formed. 
 1 Edw. VII., 
 c. 39, 8.46, 
 subs. 2, 
 amended. 
 Award of arbi- 
 trators as to 
 formation, 
 etc., of union 
 school section. 
 1 Edw, VII/, 
 C. 39, 8. 46, 
 amended. 
 
 New arbitra- 
 tion after 
 expiration of 
 three years. 
 
 4. Section 45 of The Public Schools Act is amended by 
 striking out "1901" in the second line and inserting in lieu 
 thereof ''190^4." 
 
 5. The paragraph numbered 2 of section 46 of The Public 
 Schools Act is amended by adding at the end thereof the 
 following : **And the arbitrators or a majority of them pre- 
 sent at any lawful meeting shall have authority to make 
 and publish an award." 
 
 6. Section 46 of The Public Schools Act is amended by 
 adding thereto the following paragraph : — 
 
 12. *'In case any award of arbitrators forming or refus- 
 ing to form a new union school section has not been acted 
 upon, or has been adjudged illegal or void by the court 
 or judge, the proceedings in subsection 1 of this section 
 may be taken at any time after the expiration of three 
 years from the date of such award." 
 
 1 Edw. VII., 
 c. 39, 8. 83, 
 amended. 
 
 Member 
 assessed for 
 largest sum to 
 have a casting 
 vote in case of 
 a tie on any 
 question in 
 Public School 
 Board. 
 
 7. Section 64 of The Public Schools Act is amended by 
 adding thereto the following subsection : — 
 
 (5) in cities, towns and incorporated villages in every 
 question (other than the election of a chairman) arising 
 at a meeting of the Board on which there is an equality 
 of votes, if no decision is arrived at during the same meet- 
 in <y or after the Board has voted twice on the question at 
 a second meeting specially called for that purpose, the 
 member wlio is assessed for 'the largest sum on the last 
 revised assessment roll shall have a second or casting vote 
 in addition to his vote as a member of the Board. 
 
 1 Edw. VII., 
 
 c. 39, s. 82. 
 subs. 1 and 2, 
 amended. 
 
 8. Section 82 of The Public Schools Act is amended by 
 inserting after the word ''second" in the fourth line of 
 the first subsection the word "interim," and inserting 
 
after tlie word ''conduct'' in the third line of the second injer^^^^^ 
 subsection the words ''interim certificates 'shall be valid 
 for two years." 
 
 9. Section 83 of The Public Schools Act Is amended l^Y J^g^^- ^"•• 
 adding thereto the following subsection: — amended.' 
 
 (6) The council of any city or town separated from the ^parated 
 county shall pay to the treasurer of the county in which towns to con-, 
 fiuch city or town is situate such proportion of the per expenses of 
 diem allowance and other expenses mentioned in subsec- gJaminers. 
 tibns 3 and 4 of this section as may be agreed upon or as 
 may be fixed by the order of the judge of the county court 
 of the county on application made to him on behalf of such 
 county or city or separated town. 
 
 10. Subsection 2 of section 84 of The Public Schools Ac«iEdw.vii, 
 is amended by striking out the words "the county board subs! 2,' 
 
 of examiners may, with the approval of" in the 4th and^°^^^^^^' 
 5th lines and inserfmg in the 5th line after the word ''De- ^i'c'^^Sf^^Si^odei 
 partment" the word "may." schools. 
 
 11. Subsection 8 of section 86 of The Public Schools ^cfiEd^- vn-' 
 is amended by striking out "|5" in the second line and subs' 8, 
 inserting in lieu thereof "$6." ' Spector's 
 
 allowance for 
 each room 
 with separate 
 teacher . 
 
 12. Subsection 10 of section 86 of The Publit ^cTtooZs i Edw- vn., 
 Act is amended by striking out "15" in the first line and subs.' i6, 
 inserting in lieu thereof "$6." and by striking out the ^"""^^^^• 
 words "a similar sum" in the 5th line and inserting in lieu grants m^id 
 thereof "|5" for every such teacher. salary. 
 
 13. Section 86 of The Public Schools Act is amended % J ^^"^^ JJ^J^'ed 
 adding the following as subsection 10a: — 
 
 (10a) No county inspector shall receive remuneration ^^e^^^^^^t^on 
 under any of the subsections of this section, in respect of inspectors. 
 more than 120 schools; provided, however, that the salary 
 of no county inspector already appointed shall be lessened 
 unless his schools are decreased in number. 
 
 14. The Public Schools Act is amended by adding there- i Edw. vn., 
 to the following section : — ^- ^^' ^°^^^^^^- 
 
 93a. The Public School Board or the Board of Educa- Grant to 
 tion, as the case may be, of any city or town may make tffiuSdTy 
 such annual grant as they deem proper, out of the school ^®*^*^- 
 funds, to aid in the establishment of a superannuation 
 fund for the public school teachers of such city or town. 
 
 15. Subsection 4 of section 96 of The Public Schools Acf c.39,s.96, "' 
 is amended by striking out all the words in the first line Imend'ed. 
 
10 
 
 Holidays In and the words, ''of Haliburton" in the second line and 
 oos. ij^ggp^ij^g jj^ ii^yi thereof the words ''with the approval of 
 the Public School Inspector." 
 
 c.lg.^amended. 16. The Public Schools Act ^s amended by inserting 
 therein the following as section 27a : — 
 
 ^tSiTo?* °^ 27a. — (1) Any portion of an unorganized township which 
 townsMp^^^ forms part of a union school section, the remaining portion 
 forming part of which is an Organized municipality or part of an organ- 
 schwUection. ized municipality, shall for school purposes be deemed to 
 he annexed to such organized municipality and the officers 
 of such organized municipality shall make all assessments 
 and collect all taxes and do all such other acts and per- 
 form all such duties and be subject to the same liabilities 
 with respect to the portion of the unorganized township 
 forming part of such union school section as with respect 
 to any part thereof which lies within the organized muni- 
 cipality. 
 
 (2) Every person of the full age of 21 years assessed as 
 a public school supporter in an unorganized township under 
 the preceding subsection shall be entitled to vote at any 
 election of school trustees or on any school question in 
 such union school section. 
 
 cound?^^ 17. — (1) In case it appears to the council of any town- 
 
 authorizedto ship that owing to the condition of the roads or other 
 
 second school causes the public school in anv school section in such town- 
 
 durSgpartof ship is inaccessible to any of the pupils entitled to attend 
 
 cerm?n con- such school during certain months of the year, the council 
 
 ditions. mav by by<^law to be passed not later than the first day 
 
 of June in any year provide for the establishment of a 
 
 second school in such section to be opened during such 
 
 months of the year as the council may deem advisable, and 
 
 mav prescribe the area within which pupils reside who 
 
 shall have the right to attend such second school. 
 
 copy bf^b^-iaw (2) The township clerk shall transmit forthwith a copy 
 totruttees. ^^f g^^^^j^ by-law and minutes relating thereto to the trustees 
 
 of the school section affected thereby and to the public 
 
 school inspector. 
 
 Appeal.^ (3) There shall be the same right to appeal against the 
 
 neglect or refusal of the township council to pass such by- 
 law as is provided by subsection 1 of section 42 of The 
 Public Schools Act in the case of neglect or refusal to 
 form, unite, divide or alter the boundaries of a school 
 section, and the provisions of the said section respecting 
 the time of appeal, the apportionment and' qualification of 
 arbitrators and the time when the award shall take eft'ect 
 and its duration and as to notice of the award shall apply 
 to every such appeal. 
 
11 
 
 (4) In case of arbiiration to determine the matter in ques- ^rms'of^*^"' 
 tion on the appeal, the arbitrators may provide in their 
 
 award for the establishment and location of such second 
 school and the area within which pupils reside who shall 
 haye the right to attend the same, and the period in each 
 year during which such school shall be open. 
 
 (5) The provisions of subsection 1 of section 96 of the ^hoSf w"hen** 
 said Act shall not apply to a school established under this second school 
 section, but nothing herein contained shall be deemed to • 
 relieve the pupils attending such second school from at- • ^ 
 tendance at the public school of the school section during 
 
 those periods of the school year in which such second school 
 is closed, nor to relieve the trustees of such school section 
 from the duty of providing school accommodation for such 
 pupils during such periods. 
 
 AN ACT RESPECTING BOARDS OF EDUCATION IN 
 CERTAIt^ CITIES. 
 
 Assented to 12th June, 1903. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 1. In every city having 100,000 inhabitants or more, i^i education in 
 lieu of the board of public school trustees and the board cities of 
 
 of high school trustees and the board of management of iShaWtants. 
 technical schools heretofore elected or appointed in such 
 city there shall be a board to be styled ''The Board of Edu- 
 cation for the City of " (naming the city) 
 
 which shall possess all the powers and shall perform all the 
 dutips heretofore possessed and performed by the boards 
 of high schools trustees and public school trustees and the 
 board of management of technical schools in such city, and 
 upon the organization of the said Board of Education all 
 the property vested in the board of public school trustees 
 and the board of hisrh school trustees and the board of man- 
 agement of technical schools in such citv shall become 
 vested in the Board of Education and all debts, contracts 
 and agreements for which the said respective boards were 
 liable shall become obligations of the Board of Education. 
 
 2. The said Board of Education shall be composed as Constitution of 
 
 fn Board, 
 
 ollows : 
 
 (1) Twelve members to be elected by a general vote of 
 the persons qualified to vote at elections for members of a 
 public school board in such city, and two members to be 
 apoointed bv the separate school board of such city. 
 
12 
 
 Mod«of (2) The members to be elected as aforesaid shall be elected 
 
 by general vote of the persons qualified to vote for public 
 
 school trustees in any such city and the election shall be 
 
 held at the same time and place and by the same returning 
 
 officer and shall be conducted in the same manner as the 
 
 election of mayor; and, save as otherwise provided by this 
 
 lEdw. VII., Act, all the provisions of The Public Schools Act respect- 
 
 c. 39. ijjg ^j^g election of trustees by ballot shall apply to the said 
 
 election of members of the Board of Education, but no 
 
 • person shall vote more than once for members of tTie said 
 
 Board. 
 
 (3) Each person qualified to vote as aforesaid shall be 
 entitled to as many votes as there are members to be elected 
 to the said Board and may at his option give one, two or 
 three votes (but not more than three votes; for one or more 
 candidates so long as the whole number of votes given by 
 him does not exceed the number of members to be elected 
 to the said Board. 
 
 Where the voter desires to give one, two, or three votes 
 as aforesaid he shall place one cross thus X or two crosses 
 thus X X or three crosses thus X X X on the right hand 
 side opposite the name of the candidate or candidates for 
 whom he votes; but except in the case aforesaid no person 
 shall give more than one vote for one candidate. 
 
 Term of (4) At the first election under this Act, twelve members 
 
 meSbers. **^*^*^ of the said Board sliall be elected, and six of the members 
 so elected who receive the highest number of votes shall 
 continue in office for two years thereafter and until their 
 successors have been elected under this Act, and the new 
 Board organized and the remaining six shall continue in 
 office for one year and until their successors have been 
 elected under this Act and the new Board organized. 
 
 (5) At each annual election after the first, six members 
 shall be so elected for two years to fill the places of mem- 
 bers retiring. 
 
 Determining tl In casc by rcasou of two or more members receiving 
 ?e^i?eSen/ ^^ equal number of votes at the first election, the question 
 membirehave °^ *^^ retirement of one or more of them at the end of the 
 equal number first year is in doubt, and in case no agreement as to which 
 votes. ^^ ^^^j^ members shall retire is reached at the first meeting 
 
 of the board, then at the next meeting the question shall 
 be determined by lots to be cast by the secretary or secre- 
 tary-treasurer in the presence of the Board, and the result 
 shall be entered upon the minutes of the Board. The six 
 members retiring shall be eligible for re-election. 
 
 Vacancies 4. In case the office of an elected member becomes va- 
 
 mem&re.^^^ cant from any cause, the remaining members of the Board 
 
 shall at the first meeting after such vacancy occurs, elect 
 
13 
 
 some duly qualified person *to fill such vacancy, and the 
 person so elected shall hold his seat for the remainder of 
 ' the term for which his predecessor was elected. 
 
 •5. — (1) The appointment of the members to the said ^PPo^^Jt^^nt 
 Boatd by the separate school board shall be made at the school board, 
 first meeting of the separate school board in the year 1904, 
 and at its first meeting in every second year thereafter. 
 
 (2) The member so appointed shall hold office for two Term of office 
 years and until his successor is appointed and shall be member" ^ 
 eligible for re-appointment! 
 
 6. No member of the separate school board shall be Members of 
 eligible for appointment or election as a member of the scEoS Board 
 said Board. . * ^^^ eligible. 
 
 7. In case any person appointed to. said Board of Educa- vacancy in 
 tion by the separate school board shall die, resign or remove of^separaV°" 
 from the municipality or vacate his office before the ex- ^^^^^^ Board, 
 piration of the term for which he is appointed, the vacancy 
 
 so caused shall be filled forthwith bv the separate school 
 board, and the person appointed to fill such vacancy shall 
 hold office for the unexpired term of the person whose place 
 became vacant as aforesaid. 
 
 8. The first meetine* of the said Board of Education in First meeting 
 each year shall be held at the hour of seven o'clock in the ^^ ^^^''<^- 
 afternoon of the fourth Wednesday in January. 
 
 9. At the first meeting of the said Board in every year chairman, 
 the members of the Board shall elect a chairman, and at treasurer! 
 the first meeting held after the passing of this Act the 
 Board shall also elect a secretary and treasurer or a secre- 
 tary-treasurer who shall hold office until removed by the 
 Board. 
 
 10. A majority of the members of tlp-e Board shall form Quorum. 
 
 a quorum. . 
 
 11. In case of an equality of votes at the election of chair- Equality of 
 man the member who is assessed for the largest sum on the iJiou of ch^aS 
 last revised assessment roll shall have a second or casting man. 
 vote in addition to his vote as a member of the Board. 
 
 12. The chairman of the Board may vote with the other chairman,to^ 
 members of the Board on all questions, and any question negative 
 
 on which there is an equality of votes shall be deemed ^q *i"^^ ^°^''- 
 be negatived. 
 
 13. The members appointed by the separate school board of^separate ^^^ 
 shall not vote or otherwise take part in any of the proceed- ^^v^o^e on* 
 ings of the Board of Education affecting the public ""schools. g'auS-s^^^'^"^ 
 
14 
 
 Qualification 
 of members. 
 
 14. No person shall be elected to tke Board of Education 
 who is not qualified to be elected as a trustee of a public 
 school board under The Public Schools Act. 
 
 Disqualifica- 
 tion. 
 
 lEdw. VII., 
 CO. 39, 40. 
 
 15. The provisions of The Public Schools Act and The 
 High Schools Act respecting the disqualification of per- 
 sons from being elected or appointed to, and from sitting 
 and voting as members of the said boards respectively, shall 
 apply to the said Board of Education as if the said Board 
 was named therein instead of the board of high school 
 trustees or board of public school trustees respectively. 
 
 Board to be a 
 corporation. 
 
 1 Edw. VII., 
 cc. 39, 40. 
 Rev. Stat, 
 c. 301. 
 
 First election 
 of members 
 of Board. 
 
 16. — (1) Every Board of Education constituted by this 
 Act shall be a corporation by the name of ''The Board of 
 
 Education of the City of " (naming the city) 
 
 and shall have and possess ail the powers usually possessed 
 by corporations so far as the same are necessary for carry- 
 ing out the purpose of this Act and of 71ie Public Schools 
 Act and of The High Schools Act and of The Act respect- 
 ing the Technical Schools and of all amendments to the 
 said Acts and of any by-law of the municipality establish- 
 ing or relating to a technical school. 
 
 (2) The first election of members for the Board of Edu- 
 cation under this Act shall take place at the time of hold- 
 ing the next ensuing municipal elections for 1904 ; but 
 nothing in this Act contained shall affect the public school 
 board or high school board or the board of management of 
 technical schools in such city for the year 1903. 
 
 Appoi 
 of ins 
 
 nspectors. 
 
 17. The Board of Education of every city to which this 
 Act applies shall appoint an inspector of the public schools 
 for such city. When the teachers in charge of separate 
 departments engaged by such Board exceed three hundred 
 in number, the Board shall appoint two inspectors, and 
 likewise an additional inspector for every three hundred 
 teachers on the staff j above six hundred. 
 
 dty^inti^er- ^^' ^^ *^^ event of more public school inspectors than 
 ritoriai dis- one being appointed, the Board of Education shall divide 
 ing to number the city into as many territorial divisions as there are in- 
 of inapectors. gpectors, and assign one inspector to each division, and 
 may change inspectors from one division to another, but 
 no territorial division so made shall contain more teachers 
 in charge of separate departments than the number pre- 
 scribed in section 17 hereof ; or, at its discretion, the Board 
 may designate such officers, ''chief inspectors" and "in- 
 spectors," ,and may prescribe the duties of each, provided 
 always that the duties so prescribed shall not be inconsist- 
 ent with the provisions of The Public Schools Act in that 
 behalf. 
 
15 
 
 19. The Board of Education may make sucli modification Provision for 
 of the prescribed high school courses of study to be under- Idvanced^ 
 taken in each of the high schools under its jurisdiction asf^g™^9^„j„ 
 it deems expedient, and may provide for special or ad- high schools, 
 vanced instruction in any of such courses, and may desig- 
 nate such schools, or any one of them, as English, Science 
 Commercial, Technical or Classical High Schools, accord- 
 
 insr to the course or courses of instruction provided for 
 each, but all such courses must be approved by the Minister 
 of Education, and the accommodation and equipment of 
 the school and the qualifications of the staff be subject to 
 the regulations of the Education Department. 
 
 20. This Act shall be read with and as part of The Public Actincorpor- 
 Schools Act and The Hiph Schools Act and of The Aci i Edw. vii., 
 respecting technical Schools, and the said Acts are hereby p^v.^s^t.^"^ 
 amended to conform to the provisions hereinbefore con-^-^^^- 
 tained. 
 
 21. Section 10 of the Act passed in the fifty-fourth year^v.c^M^^^^ 
 of the reign of Her late Majest-^. Queen Victoria, chap- 
 tered 82, is repealed. 
 
 AN ACT TO AMEND THE ACT RESPECTING 
 BOARDS OF. EDUCATION IN CERTAIN CITIES. 
 
 Assented to 26th April, 1904. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 1. Section 8 of The Act respecting Boards of Education zEdw.wn., 
 in certain Cities is amended by striking out the word amended, 
 ''seven'' in the second line, and inserting in lieu thereof 
 
 the word ''eigfi^t;" and by striking out the words '^^fourth 
 Wednesday" in the third line, and inserting in lieu thereof Time and place 
 the words '''Thursday after the first Monday;" and by add- ^J Krd.""""^ 
 ing at the end of the said section the following words : 
 "in the board room provided for the Board of Education 
 in the Jklunicipal Building." 
 
 2. Section 12 of the said Act is amended by inserting 3 Edw.vii./ 
 after the word "questions" in the second line, the follow- amended.' 
 ing words: "upon which as a member of the Board, he isy^^g^j 
 
 entitled to vote." chairman. 
 
16 
 
 3 Edw. VII., 
 c. 31,8. 13, 
 amended. 
 Separate 
 School repre- 
 sentatives not 
 to vote on 
 public school 
 matters. 
 3 Edw. VII., 
 c. 31,8. 16, 
 amended. 
 
 3. Section 13 of the said Act is amended by inserting tlie 
 word '^exclusively" after the word ** Education," in the 
 third line of the said section. 
 
 4. Section 16 of the said Act is amended by striking out 
 the word ''of" where it first occurs in the third line, and 
 inserting in lieu thereof the word "for." 
 
 AN ACT RESPECTING BOARDS OF EDUCATION IN 
 CERTAIN CITIES, TOWNS AND TILLAGES. 
 
 Assented to 26th April, 1904. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 Boards of 
 Education in 
 cities of less 
 than lOO.COO 
 inhabitants, 
 towns and 
 villages. 
 
 1. — (1) The council of any city having less than 100,000 
 inhabitants and the council of any town or incorporated 
 village n#t included in a high school district may, on or 
 before 'the first day of October in any year at a meeting 
 specially called for the purpose, by resolution declare that 
 it is expedient that the board of public school trustees and 
 the board of high school trustees or board of education (in 
 case the public and high school boards have been united) 
 and the board of management of technical schools, if any, 
 of such citv. town or incorporated village should be amal- 
 gamated and a Board of Education elected in lieu thereof 
 as provided bv this Act. 
 
 (2) In pursuance of the resolution passed under subsec- 
 tion 1 of this section in lieu of the board of public school 
 trustees and the board of hi^h school trustees and the board 
 of education (in case the public and high school boards 
 have been united) and the board of management of techni- 
 cal schools, if any, theretofore elected or appointed in such 
 city, town or village there shall be a board to be styled 
 "The Board of Education for the City, Town or Village 
 
 of " {naming the city, town or village) 
 
 which shall possess all the powers and perform all the 
 duties theretofore possessed and performed by the boards 
 of hiffh school trustees and public school trustees or board 
 of education (in case the public and high school boards 
 have been united) and the board of management of tech- 
 nical schools of such city, town or village, and upon the 
 organization of the said Board of Education all the pro- 
 perty vested in the board of public school trustees and the 
 
17 
 
 board of high school trustees or board of education (in case 
 the public and high school boards have been united) and 
 the board of management of technical schools of such city, 
 town or village shall become vested in the Board of Edu- 
 cation and all debts, contracts and agreements for which \ 
 the said respective boards were liable shall become obliga- 
 tions of the Board of Education. 
 
 2. The said Board of Education shall be composed as composition 
 follows:— • °'^°^'^- 
 
 (1) In cities having more than 50,000 but less than 
 100,000 inhabitants, twelve members to be elected and two 
 to be appointed by the separate school board of such city. 
 In cities having less than 50,000 inhabitants, nine members 
 to be elected and one to be appointed by the separate school 
 board of such city. In towns and incorporated villages 
 not included in a high school district seven members to be 
 elected and one member to be appointed by the separate 
 school board, if any, of such town or village. 
 
 (2) The members to 'be elected as aforesaid shall be elected Mode of 
 by general vote of the persons qualified to vote for public 
 school trustees in any such city, town or village and the 
 election shall be held at the same time and place and by 
 
 the same returning officer and. shall be conducted in the 
 same manner as the election of mayor; and, save as other- 
 wise provided bv tiiis Act. all the provisions of The Public '^^^^r-^H-, 
 Schools Act respecting the election of trustees by ballot 
 shall apply to the said election of members of the Board 
 of Education, but no person shall vote more than once for 
 members of the said Board. 
 
 (3) Each person qualified to vote as aforesaid shall be Number of 
 entitled to as many votes as there are members to be elected candidates, 
 to the said Board but may not give more than one vote to 
 
 an^' one candidate. 
 
 (4) At the first election under this Act, the full number Term of office 
 of members of the said Board shall be elected, and one- members, 
 half of the members so elected, where the number of elected 
 members is an even number, and the next number of elected 
 members higher than one-half when the number of elected 
 members is an odd number who receive the highest num- 
 ber of votes shall continue in office for two years thereafter 
 
 and until their successors have been elected under this 
 Act, and the new Board organized and the remaining mem- 
 bers shall continue in offipe for one year and until their 
 successors have been elected und,er this Act and the new 
 Board organized. 
 
 (5) At each annual election after the first, a sufficient mi places of 
 number of members shall be so elected for two years to fill T^\ng^ 
 
 2 «. a 
 
18 
 
 the places of members retiring, 
 shall be eligible for re-election. 
 
 The members retiring 
 
 Determining 3. In case by reason of two or more members receiving 
 ?e'tirement^ an equal number of votes at the first election, the question 
 where two of the retirement of one or more of them at the end of the 
 equal number first year is in doubt, and in case no agreement as to which 
 of votes. ^£ such members shall retire is reached at the first meeting 
 
 of the Board, then at the next meeting the question shall 
 be determined by lots to be cast by the secretary or secre- 
 tary-treasurer in the presence of the Board, and the result 
 shall be entered upon the minutes of the Board. » 
 
 Vacancies 4. In case the office of an elected member becomes vacant 
 
 memiSre.^^*^ from any cause, the remaining members of the Board 
 shall, at the first meeting after such vacancy occurs, elect 
 some duly qualified person to fill such vacancy, and the 
 person so elected shall hold his seat for the remainder of 
 the term for which his predecessor was elected. 
 
 Appointment 5. — (1) The appointment of a member or members to the 
 
 school board, said Board by the separate school board shall be made at 
 
 the first meeting of the separate school board in the year in 
 
 which the first election of members is held under this Act 
 
 and at its first meeting in every second year thereafter. 
 
 ofappointfd^ ^^^ ^^^ member so appointed shall hold office for two 
 member. years and until his successor is appointed, and shall be 
 eligible for re-appointment. 
 
 Members of 6. No member of the separate school board shall be 
 
 separate school t-it*. ., ^ -, . ■, o ir. 
 
 board not eligible lor appointment or election as a member oi tne 
 ^ ^ *' said Board. 
 
 Vacancy in 
 representation 
 of separate 
 school board. 
 
 7. In case any person appointed to the said Board of 
 Education by the separate school board shall die. resign or 
 remove from the municipality or vacate his office before 
 the expiration of the term for which he is appointed, the 
 vacancy so caused shall be filled forthwith by the separate 
 school board, and the person appointed to fill such vacancy 
 shall hold office for the unexpired term of the person whose 
 place became vacant as aforesaid. 
 
 First meeting 
 of board. 
 
 8. The first meetincr of the said Board of Education in 
 each year shall be held at the hour of eight o'clock in the 
 afternoon of the Thursday after the first Monday in Janu- 
 ary at the usual place of meeting of the former puMic 
 school board. 
 
 Chairman, 
 secretAry, 
 treasurer. 
 
 9. — CI) At tho first meeting of the said Boanl in every 
 year the members of the Board shall ehvt a chairman, and 
 at the first meeting held after the passing of this Act the 
 2a S.A. 
 
19 
 
 Board shall also elect a secretary and treasurer or a secie- 
 tarr-treasurer who shall hold office until removed by the 
 Board. 
 
 (2) The secretary or secretary-treasurer for the previous s^gwy *> 
 year shall preside at the first meetingr of the Board until ESSvvMfl 
 the chairman is elected, or if there be no secretary or sec-^eSS?" 
 ret ary- treasurer then such member of the Board shall pre- 
 side as may be appointed for that purpose. 
 
 10. A majority of the members of the Board shall form 
 
 a quorum. 
 
 11. — (1) In case of an equality of votes at the election 
 of chairman the member who is assessed for the largest 
 sum on the last revised assessment roll shall have a second 
 or casting vote in addition to his vote as a member of the 
 Board. 
 
 (2) In case of an equality of votes on any other question, 
 if no decision is arrived at during the same meeting ori 
 after the Board has voted twice on the question at a meet- 
 ing specially called for that purpose, the member of those 
 entitled as members to vote on the question, who is assessed 
 for the largest sum on the last revised assessment roll shall 
 have a second or casting vote in addition to his vote as a 
 member of this Board. 
 
 12. The chairman of the Board may vote with the other vowo* 
 members of the Board on all questiona. 
 
 13. The member or members appointed by the separate '^ ^ 
 
 school board shall not vote or otherwise take jMort in any "*!' ' ^ y|\^^ 
 of the proceedinffs of the Board of Education exclusively >eho5? 
 affecting the public schools. 
 
 14. No person shall be elected to the Board of Education 
 who is not qualified to be elected as a trustee of a public 
 school board under 7^ Public Schools Act. 
 
 15. The provisions of The PvbUc Schools Act and The^^ 
 
 High Schools Act respecting the disqualification of persons ^ j;aw. ,i 
 from beinor elected or appointed to. and from sitting and «-».«. 
 voting as members of the said boards respectively, shall 
 apply to the said Board of Education as if the said Board 
 was named therein instead of the board of high school trus- 
 tees or board of public school trustees respectively. 
 
 16. — (1^ Every Board of Education constituted by thisBoudtotei 
 Act shall be a corporation by the name of ''The Board of ^ 
 
 Education for the City. Town or Tillage of : " 
 
 (naming the city, town or village) and shall have anid 
 
 .VIL, 
 
20 
 
 lEdvv. VII., 
 cc. 39, 40. 
 Rev. Stat., 
 C, 301. 
 
 possess all the powers usually possessed by corporations so 
 far as the same are necessary for carryino: out the purposes 
 of this Act and of The Public Schools Act and of The High 
 Schools Act and of The Act respectincf Technical Schools 
 and of all amendments to the said Acts and of any by-law 
 of the municipality establishing" or relating to a technical 
 school. 
 
 First election 
 of members 
 of board. 
 
 (2) The j&rst election of members for the Board of Educa- 
 tion under this Act shall take place at the time of holding 
 the next ensuing municipal elections for the year follow- 
 ing the passing of the resolution mentioned in section 1 of 
 this Act; but nothing' in this Act contained shall affect the 
 public school board or high school board or board of edu- 
 cation (in case the public and high school boards have 
 been united) or the board of management of technical 
 schools of such city, town or village for the year in which 
 the said resolution has been passed. 
 
 Appointment 
 of inspectors. 
 
 17. The Board of Education of every such city or town 
 separated from the county shall appoint an inspector of the 
 public schools for such city or town. 
 
 Provision for 
 special and 
 advanced 
 courses of 
 instruction in 
 high schools. 
 
 18. The Board of Education may make such modifica- 
 tion of the prescribed high school courses of study to be 
 undertaken in each of the high schools under its jurisdic- 
 tion as it 'deems expedient, and may provide for special or 
 advanced instruction in any of such courses, and may 
 designate sucH schools, or any one of them, as English, 
 Science, Commercial, Technical or Classical High Schools, 
 according to the course or courses of instruction provided 
 for each, but all such courses must be approved by the 
 Minister of Education, and the accommodation and equip- 
 ment of the school and the qualifications of the staff be 
 subject to the regulations of the Education Department. 
 
 Act incorpor- 
 ated with 
 1 Edw. VII.. 
 cc. 39, 40 and 
 Rev. Stat., 
 c.Ml. 
 
 19. This Act shall be read with and as part of The Pub- 
 lic Schools Act and The High Schools Act and of The Act 
 respecting Technical Schools and the said Acts are 
 amended to conform to the provisions hereinbefore con- 
 tained. 
 
21 
 
 AN ACT TO AMEND THE ACT RESPECTING 
 BOARDS OF EDUCATION IN CERTAIN CITIES, 
 TOWNS AND TILLAGES. 
 
 Assented to 14th May, 1906. 
 
 HIS MAJESTY, by and witli tlie advice and 'consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows: — 
 
 1. Subsection 1 of section 1 of The Act respecting Boards 4Edw. vii. 
 of Education in certain Cities, Towns and Villages is subs'/i,"^' 
 amended by adding thereto the following words: ''When^"^"^^^- 
 the board of public school trustees and the board of nigh 
 school trustees have already been united in any such city, 
 town or incorporated village, the council of such munici- 
 pality may by resolution declare that it is expedient that 
 such Board of Education shall be constituted and elected i Edw. vii. 
 under section 2 of this Act, instead of being elected and ^" 
 apDointed under The Public Schools Act, and The High^^^^^'"'^^^- 
 Schools Act, and thereupon such Board of Education may 
 be elected under section 2 of this Act.'' 
 
 AN ACT TO AMEND THE HIGH SCHOOLS ACT. 
 Assented to 17th March, 1902. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 1. Subsection 7 of section 34 of The High Schools AcnEdw.vii., 
 is amended by striking out the word ''may" in the 4th Jubs'.\^^' 
 line of the said subsection and inserting in lieu thereof the*"^®^^®^- 
 word ''shall." 
 
 2. The said section 34 is further amended by adding i Edw. vii., 
 thereto the following subsections : — amended^" 
 
 (8) In adjusting the liability of the county for the main- ^^^se^o^/jJ^i^Sf • 
 tenance of county pupils in attendance at any high school separated from 
 situate in any town separated from the county, the county *^® county, 
 council (or in case of disagreement the county judge) shall 
 deduct from the amount for which the county is liable for 
 maintenance in such cases such amount as the municipality 
 so separated from the county w^ould have paid towards 
 such grant had such municipality formed part of the 
 countv. 
 
Payments by 
 county for 
 non-resident 
 and county 
 pupils in ci^' 
 or town. 
 
 22 
 
 (9) Subject to the deduction provided for in subsection 8 
 of this section when the trustees of any high school in a 
 village, town or city adjacent to a county or in a town 
 separated from a county have notified the county clerk that 
 such high school is open to non-resident and to county 
 pupils on the same terms as resident pupils, the county 
 council shall in all cases pay for the maintenance of 
 countv pupils at such high school or schools a sum equal 
 to eighty per cent, of the average cost of the yearly main- 
 tenance of pupils at such high school, provided that this 
 subsection shall not apply to cities having a population of 
 100,000 or over. 
 
 to^highSoo^s ^^^) ^^5^ county council may by a two-thirds vote give 
 by county. additional aid to any one or more high schools or collegiate 
 
 institutes in the county without giving such aid to all the 
 
 high schools in said county. 
 
 c^4o^s^^" ^* Subsection 1 of section 38 of the said Act is amended 
 8ub8.'i.' ' by striking out all the words in the said subsection after 
 Amended. ^j^^ word school in the fifth line, and inserting in lieu 
 thereof the words, ''and the council of any county may by 
 a two-thirds vote of the members thereof pass by-laws from 
 time to time for granting additional aid to any one or more 
 of the high schools in the county without making a similar 
 provision for the other high schools therein." 
 
 lEdw^vii., 4. Section 32 of The High Schools Act is amended by 
 amended.' adding thereto the following subsections : 
 
 fo??SSnd (4) The board of trustees of any high school or collegiate 
 separate school institute may annually award a number of free scholar- 
 ships to the pupils of the public or separate schools situate 
 within the municipality. The number of said scholarships 
 shall be fixed by the high school or collegiate institute 
 board, and the said board may award the same by com- 
 petitive examinations or otherwise and shall have full 
 power to prescribe the tenure of said scholarships and vote 
 monev for the expenses of holding any examination there- 
 for. Such scholarships shall be awarded only to a ratepayer 
 of the municipality or municipalities contributing to the 
 maintenance of such high school or collegiate institute. 
 
 (5) The board of trustees of any high school or collegiate 
 institute may annually award a number of free scholarships 
 not to exceed six per high school or collegiate institute on 
 the results of forgi or other examinations within the said 
 hiffh school or collegiate institute, said scholarships to 
 entitle the holder to not more than one year's free tuition 
 in said high school or collegiate institute, and the high 
 school or collegiate institute board mav make all necessary 
 rules and regulations regarding these scholarships. 
 
23 
 
 5. Section 11 of The High Schools Act is amended by lEdw. vii., 
 adding thereto the following paragraph: — amended!' 
 
 The board of trustees of any high school or collegiate ^^^^^g^'^ 
 institute may annually vote a sum of money not exceeding 
 1300 in cities of 100,000 or more and not exceeding |150 
 in other municipalities for the encouragement of athletics 
 and the expenses of school games. 
 
 6. Subsection 2 of section 38 is amended by adding there- 1 Edw. vii., 
 to the following : — l;,*\'- ^^' 
 
 amended . 
 
 ^ **But in such case each county forming such union'' Maintenance 
 * 'shall pay for the maintenance of pupils resident in it" pupusin^ 
 **who attend any high school situated in any otHer of " ^J^^^^J^^^ 
 **the united counties.*' 
 
 AN ACT TO AMEND THE HIGH SCHOOLS ACT. 
 
 Assented to 12th Juney 1903. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 1. Subsection 6 of section 34 of The High Schools Act isiEdw. vii. 
 amended by striking out the word ''the" immediately f ol- gu^s' e' ^' 
 lowing the word "pay" in the sixth line thereof, and in- amended, 
 serting the following words, "a sum equal to eighty per 
 
 cent, of the average annual," and by adding after the word 
 "schools" in the seventh line the following words, "pro- 
 vided that this subsection shall not apply to cities having 
 a population of 50,000 or over." 
 
 2, Subsection 7 of section 34 of The High Schools Act lEdw.wii., 
 and subsections 8, 9, and 10 of the said section as enacted gu^s.' vir' 
 by section 2 of the Act passed in the second year of Hia2Edw. vii., 
 Majesty's reign, chaptered 42, are repealed and the fol-^* 
 lowing subsections substituted therefor : — 
 
 (7) When the trustees- of any high school in a village, Maintenance 
 township, town, or city have notified the clerk of any pupS" "n^city 
 county, adjacent to that in which the high school is situ- ^J^^ge high 
 ated, that such high school is open to pupils resident in schools. 
 such adjacent county on the same terms as to county 
 pupils, the council of such adjacent county shall in all 
 cases pay for the maintenance of pupils from such county 
 attending such high school a sum equal to 65 per cent, of 
 the average cost of the yearly maintenance of pupils at 
 
24 
 
 sucli high school, after deducting the amount of the Gov- 
 ernment grant to such high school, and the fees payable 
 by such pupils thereat, but this subsection shall not apply 
 to cities having a population of 50,000 or over. 
 
 Additional (8) The council of any county may by a two-thirds vote 
 
 schools i^r give additional aid to any one or more high schools or 
 county. collegiate institutes in the county without giving such aid 
 
 to all the high schools in such county. 
 
 l^t^sJl!" 3. .Section 36 of The High Schools Act is amended by 
 amended.' striking out the words "made on or before the first day of 
 
 August in each year" in the sixth and seventh lines of the 
 
 said section. 
 
 AN ACT TO AMEND THE HIGH SCHOOLS ACT. 
 
 Assented to 26th April, 1904. 
 
 HIS MAJESTY, bj- and with the advice and consent of 
 the Legislative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 lEdw. VII., 1. Section 16 of I'he High Schools Act is amended by 
 aine^nded^' adding thereto the following as paragraph 11: — 
 
 Trustees may H. To Collect at their discretion, from the parents or 
 from parents guardians of the pupils attending school, a sum not ex- 
 for books, etc. needing twenty-five cents per month per pupil, to defray 
 the cost of text-books and other school supplies ; or to pur- 
 chase, for the use of pupils, text-books and other school 
 supplies at the expense of the corporation. 
 
 JEdw.vii., 2. Section 34 of The High Schools Act is amended by 
 adding thereto the following subsection: — 
 
 Contribution (Q) When the trustees of any high school situate in a 
 
 by city council '. . ,-.. ,. , • *! iii • j.- . ii 
 
 to cost of municipality contiguous to a city shall give notice to the 
 
 S*p"/^"^at^ city clerk that such high school is open to city pupils on 
 
 iS^Sinilrg the same terms as it is open to the resident pupils of the 
 
 municipality, municipalitv in which the high school is situate, the city 
 
 council shall in all such cases nay to the high school board 
 
 a sum equal to 80 per cent, of the average annual cost of 
 
 maintenance. 
 
 This subsection shall come into force and take effect on, 
 from and after the 1st day of January, 1905. 
 
25 
 
 AN ACT RESPECTING THE DEPARTMENT OF 
 EDUCATION. 
 
 Assented to 14th May, 1906. 
 
 HIS MAJESTY, bv and with tlie advice and consent of 
 the Lep^islative Assembly of the Province of Ontario, 
 enacts as follows : — 
 
 1. This Act may be cited as The Department of Educa- Qhon ntie. 
 tion Act, 
 
 2. — (1) There shall continue to be a Department of Edu- Department ot 
 cation which shall consist of the Executive Council, or a continued, 
 committee thereof, appointed by the Lieutenant-Governor; 
 and one of the said Executive Council or of such committee, 
 to be nominated by the Lieutenant-Governor, shall hold 
 the office of ''Minister of Education." 
 
 (2) The Lieutenant-Governor in Council may appoint a superin- 
 Superintendent of Education, who shall hold office during Education, 
 pleasure, and who shall be paid such salary as shall be 
 from time to time appropriated for that purpose. 
 
 3. Subject to any statute in that behalf the Depart- Jurisdiction 
 menf of Education shall have the management and con- Department, 
 trol of the following, namely : Kindergartens, Public and 
 Separate Schools, Hierh Schools and Collegiate Institutes, 
 Art Schools, Model Schools, Normal Schools, Ontario Nor- 
 mal College, Teachers' Institutes, Public Libraries, Con- 
 tinuation Classes, Technical Schools, Manual Training De- 
 partments, Household Science Departments, Night Schools, 
 School Gardens, the Brantford Institute for the Blind, 
 and the Belleville Institute for the Deaf and Dumb; with 
 power to appoint such inspectors, teachers and other offi- 
 cers for instruction and supervision as may be deemed ex- 
 pedient. The Department of Education may also appoint 
 a Registrar of the Advisory Council of Education. 
 
 4-. The Department of Education shall have power, sub- Power to make 
 ject to the Drovisions of any Staute in that behalf, to make ^^" * ^^^^' 
 regulations : — 
 
 (1) For the classification, organization, government, ^n^d^'overn" 
 courses of study, and examination of all schools, Contin- mentof 
 nation Classes, Manual Training Departments, Household ^^^°^^^' 
 Science Departments, School Gardens, and Institutes here- 
 inbefore mentioned, and for the equipment of school- 
 houses and the arrangement of school premises and for 
 determining the fees to be paid by candidates and to pre- 
 siding officers at departmental examinations; 
 
Qualification 
 and duties of 
 insp>ectors, 
 teacherf, etc. 
 
 Superannua- 
 tion—distribu- 
 tion of legisla- 
 tive grant. 
 
 Extending 
 certificates. 
 
 Ind'b^k?of (-^^ -^^^ ^^^ authorization of text-books for tlie use of 
 reference. pupils and of teachers in training* attending such Schools, 
 Continuation Classes^ Departments, School Gardens, and 
 Institutes, and for the selection of books of reference for 
 the use of teachers and pupils and for the management of 
 public and school libraries; 
 
 (3) For determining the qualification and duties of in- 
 spectors, examiners and teachers of such Schools, Contin- 
 uation Classes, Departments, ScTiool Gardens and Insti- 
 tutes, and for the appointment from time to time of such 
 examiners as may be requisite for that purpose, and for 
 prescribing the duties of the presiding officers at the exam- 
 inations ; 
 
 (4) For the paypient of the allowances of superannuated 
 inspectors and. teachers, and the distribution of all moneys 
 set apart by the Legislative Assembly for educational pur- 
 poses, including sums appropriated for the maintenance 
 of cadet corps, and grants to Historical Scoieties and Liter- 
 ary and Scientific Institutions ; 
 
 (5) For extending on such evidence as to efficiency as 
 may be deemed necessary, any certificate issued under the 
 authority of The Public Schools Act; 
 
 Affiiiaiing high (6) For affiliating with the Ontario Normal College or 
 wittrmai' the Normal Schools, such High Schools or Collegiate Insti- 
 schoois. tutes or Public Schools as may be necessary for practical 
 
 instruction in the art of teaching: 
 
 (7) For accepting, on the recommendation of the Advis- 
 ory Council constituted under this Act, in lieu of the 
 departmentgil non-professional examinations, the examina- 
 tion of any normal school or of any university in the 
 British Dominions; and for accepting such evidence of 
 professional scholarship, training, or experience, as may 
 be deemed equivalent to what is prescribed for teachers' 
 certificates : 
 
 (8) For setting apart a separate school in any city or 
 county as a model school for the training of teachers for 
 separate schools, and in such case, appointing a competent 
 person possessing the qualifications prescribed by The Pub- 
 lic Schools Act, to be a member of the countv board of 
 examiners of such city or county in addition to the num- 
 ber now authorized : 
 
 bSSSof (^) ^^^ *^^ conduct of the business of the Advisory 
 
 advisory Couucil of Educatiou hereinafter mentioned. 
 
 council . • 
 
 Accepting 
 examinations 
 of normal 
 schools, etc., 
 in British 
 Dominions. 
 
 Setting apart 
 separate 
 schools for 
 model school 
 purposes. 
 
 ADVISORY COUNCIL OF EDUCATION. 
 
 Advisory 
 Council of 
 Education 
 established 
 
 5. There shall be established an Advisory Council of 
 Education composed of twenty members as follows : — 
 
27 
 
 (a) The President of the TJniversitv of Toronto for the 
 time beinp:, who shall be chairman ex-afficio of 
 the said council. * 
 
 (6) The Superintendent of Education for Ontario who 
 shall, subject to the direction of the Minister of 
 Education, represent such Minister on the said 
 council, but shall have no vote thereon. 
 
 (c) Three additional members representing the Univer- 
 sity of Toronto, to be elected by the Senate of 
 the University. 
 
 ^d) Four members representing", respectively. Queen's 
 University, McMaster University, Ottawa Uni- 
 versity and The Western University, one to be 
 elected by the Senate of each University. 
 
 (e) Two members elected by and representing the high 
 school teachers of Ontario. 
 
 (/) Four members elected by and representing the pub- 
 lic school teachers of Ontario. 
 
 (g) One member elected by and representing the sepa- 
 rate school teachers of Ontario. 
 
 (h) And two members elected bv and representing the 
 public school inspectors of Ontario. 
 
 (t) And two members representing the school trustees 
 of the Province. 
 
 6. — (1) The said Advisory Council of Education shall be To be a 
 a consultative committee to confer with the Minister of committ^''.® 
 Education on such subjects as he may submit to it from 
 time to time. Such subjects may include the departmen- 
 tal regulations affecting the courses of study and the text- 
 books for all classes of provincial schools, continuation 
 classes, manual training departments, household science 
 departments and school gardens, the qualifications of teach- 
 ers and inspectors, and the departmental examinations. 
 
 (2) The said Advisory Council shall exercise such execu- Powers of 
 tive powers in connection with the appointment of exam- coundL^ 
 iners and associate examiners for the annual departmental 
 and university matriculation examinations, and the conduct 
 of such examinations and the settlement of the results 
 thereof as may be conferred upon it bv the Department of 
 Education and the Senate of the University of Toronto, 
 respectively. But if the said Council shall fail or neglect 
 to perform any of the duties required of it under this sub- 
 section, then such duties may be performed by the Depart- 
 ment of Education. 
 
28 
 
 Snfdicfof (^) ^^^ ®^^^ Advisory Council shall also have power to 
 
 business. make Miles and regulations for the conduct of its own 
 
 business, subject, however, to the regulations in that behalf 
 
 of the Department of Education. 
 
 dfaqSaiS"""^ 7. No pci'son shall be elected or shall sit or vote as a 
 membera^ member of the Advisory Council of Education who is di- 
 rectly or indirectly financially interested either as principal 
 or agent or otherwise in the publication, authorization or 
 sale of any text-book or other book, or of any map or chart 
 or other apparatus for use in any of the schools, continua- 
 tion classes, departments or institutes which are under the 
 management or control of the Department of Education, 
 and any member of the said Advisory Council who is or 
 becomes financiallv interested as aforesaid shall ipso facto 
 vacate his office. 
 
 Howmeetmgs §^ rphe first meeting of the said Advisory Council after 
 its first general election of members, and the first meeting 
 thereof in each year thereafter, shall be called by the Min- 
 * ister of Education, who shall also have power to call a 
 
 special meeting of the said council at any time. Such 
 other meetings as may be necessary for the transaction of 
 the business of the said council shall be called by the chair- 
 ' man. 
 
 Tm^mb*^"^ 9. — (1) Each representative of a university on the said 
 council shall be a member of the senate of su-ch University, 
 and each of the other elected members of the said council 
 shall be a member of the electing body which he or she 
 represents, and shall possess the same qualifications as are 
 prescribed by this Act for the electors of such body. 
 
 Election of (2) At any election of a representative or representatives 
 
 ol^unfvcraities. of a University each member of the senate thereof shall 
 
 have the right to vote. In other respects each senate shall 
 
 elect its representatives in such manner as the members 
 
 thereof deem expedient. 
 
 Election of (3) The representatives of the high, public and separate 
 
 inspectora!^*^ school teachers, and of the public school inspectors, shall, 
 
 respectively, be elected by closed ballot, as provided in this 
 
 Act. 
 
 Triennial 10. — (1) There shall be a general election of all members 
 
 eecions. ^^ ^j^^ sQ,id council who require to be elected, in the year 
 1906, and in every third year thereafter in accordance with 
 the provisions contained in this Act. Each member so 
 elected shall hold office for the term, of three years, and 
 until his su^essor is elected, subject, however, to the pro- 
 visions of this Act respecting members being disqualified 
 or vacating their office. 
 
29 
 
 (2) All retiring members of the said council, who retain Eligible for 
 their qualification, shall be eligible for re-election. re-eiection. 
 
 11- — (1) Every teacher who holds a permanent certifi- what teachers 
 cate of qualification grranted by the Department of Educa- '"''^' ''°*®- 
 tion, and who is engaged in teaching in a school for 
 which such permanent certificate qualifies said teacher 
 when the inspector concerned makes out a list of qualified 
 voters of the electing bodv of which such teacher is a mem- 
 ber, as required by this Act, shall be qualified to vote at 
 the election of a representative or representatives of such 
 electing body. • 
 
 (2) Every public school inspector who is in ofilce when what inspec- 
 the Registrar of the Advisory Council makes out the list '^'"^^^y^^*®- 
 of inspectors qualified to vate for representatives of pub- 
 lic school inspectors, as required by this Act, shall be 
 qualified to vote at any election of such representatives. 
 
 (3) No teacher or inspector shall be entitled to vote at Teacher or 
 any election under this Act who does not possess the quali- STote^.'^urfieL 
 fication herein prescribed for such teacher or inspector, qualified. 
 
 12. The Registrar of the said Advisory Council shall per- Registrar's 
 form the duties required of him bv this Act and such other ^^^^^^• 
 duties as the Department of Education or the Minister of 
 Education may require. 
 
 One of such duties shall be to enter alphabetically in 
 separate registers the names with the post office addresses 
 of all persons belonging to each body of electors (except 
 University Senate) entitled to elect representatives under 
 this Act, one register for each of such bodies ; and such 
 entries shall be made for each general election as soon as 
 possible after receipt of the respective lists of qualified 
 electors from the various inspectors as hereinafter provided 
 and shall be completed before the third Wednesday in 
 October of the year in which the election is held. 
 
 13. — (1) Eor the purpose of the elections aforesaid of Voters' lists 
 the representatives of the respective bodies of teachers, 
 the high, public and separate school inspectors on or 
 before the first Wednesday of October in each year in which 
 an election to the said council is to be held, shall respec- 
 tivelv furnish the Registrar of the said Advisory Council 
 a list of names of all teachers in the schools over which 
 they respectively have jurisdiction who are entitled to vote 
 under this Act with their post office addresses as last 
 known. On or before the same date the Registrar of the 
 said Advisory Council shall prepare a list of the public 
 school inspectors who are entitled to vote under this Act. 
 
30 
 
 Vacancy in 
 office of in- 
 spector or 
 registrar. 
 
 (2) If in any case by reason of vacancy of ofl&ce, illness, 
 absence or any otlier cause there is no inspector or Regis- 
 trar to furnish any of such lists the Minister of Education 
 may require any competent person to furnish the same. 
 
 Nominations 
 of candidates . 
 
 Nomination 
 papers. 
 
 Invalid nomi- 
 nation papers. 
 
 14. — (1) No teacher or inspector shall be elected to the 
 ^aid Advisory Council who has not been nominated in 
 writing signed by at least six of the persons who are enti- 
 tled to vote under this Act as a member of the electing 
 body to which such teacher or inspector belongs. 
 
 (2) Every nomination paper shall contain the name and 
 post oflSce address of each candidate noiAinated therein 
 and the post office address of each person signing such 
 nomination paper, and shall be delivered at the office of 
 the Registrar of the said Advisory Council not later than 4 
 o'clock in the afternoon on the first Wednesday of October 
 in the year in which the election is to be held and not 
 earlier than- two weeks prior to such date. Nomination 
 papers received by the Registrar by post within the time 
 aforesaid shall be deemed to be duly delivered to him. 
 
 (3) Any nomination paper which does not comply with 
 the provisions of this section shall be null and void. 
 
 Election by 
 acclamation . 
 
 15. In case the number of candidates duly nominated 
 as aforesaid does not exceed the number of representatives 
 to be elected in any case, the person or persons so nominated 
 shall be deemed elected and the Registrar shall forthwith 
 report the result with the names and post office addresses 
 of the persons so elected to the Minister of Education. 
 
 proceedings |g. — (1) When a greater number of candidates in any 
 
 to be taken, case are duly nominated as aforesaid than the number of 
 representatives to be elected by any electing body, then an 
 election shall be held and the registrar of the said council 
 shall send by post on or before the third Wednesday of 
 October in the year in which the election is to be held a 
 voting paper, which may be in the form set forth in the 
 schedule to this Act, to each person qualified to vote at 
 such election together with a list giving the names and post 
 office addresses of all the candidates duly nominated a^ 
 aforesaid. The voting shall be limited to the candidates 
 named in the said list. 
 
 Elector may (2) Each person qualified to vote as aforesaid shall be 
 
 for any ^^ ^^^^ entitled to as many votes as there are members to be elected 
 
 candidate. j^^ represent the electing body to which the voter belongs 
 
 but may not give more than one vote to any one candidate. 
 
 Damaged (3) In case a voting paper is accidentally so damaged as 
 
 vomg paper. ^^ ^^ unfit for use the person to whom it was sent by the 
 
 registrar may return it to him and obtain another to be 
 
31 
 
 used in its place, but no second voting paper shall be fur- 
 nished to any elector unless the first one is returned dam- 
 aged as aforesaid. 
 
 17. — (1) The votes at an election of representatives of Mode of 
 High, Public, and Separate School teachers and Public ^Sl^*''* 
 School inspectors respectively shall be given by closed 
 \oting papers, and such votmg paper shall be delivered 
 to the Registrar of the Council between the hours of ten 
 o'clock in the forenoon and four o'clock in the afternoon 
 of any day between the third Wednesday of October and 
 the first Wednesday of November, both days included, in 
 any year in which an election is held; and any voting 
 papers received by the Registrar by post at any hour within 
 the dates aforesaid before four o'clock in the afternoon of 
 the last named day shall be deemed to be duly delivered 
 to him for the purpose of the election. 
 
 (2) The voting papers shall, upon the Thursday after the opening of 
 first Wednesday of November, at ten o'clock in the fore- * ° P»pew- 
 noon be opened by the Registrar with such assistance as 
 
 the Minister of Education may deem necessary in presence 
 of the scrutineers to be appointed as hereinafter mentioned, 
 who shall examine and count the votes and keep a record 
 thereof in proper books to be provided by the Minister of 
 Education. Any duly qualified candidate at the election 
 may be present at the opening of the voting papers. No 
 voting paper shall be counted which has not been furnished 
 by the Registrar. 
 
 (3) The Ontario Educational Association at its Easter ^fPJSSlere. 
 meeting previous to the election, or, in default, the Presi- 
 dent of the TJniversity of Toronto, shall appoint two per- 
 sons, who, with a person appointed by the Minister of Edu- 
 cation for this purpose, shall act as scrutineers at the elec- 
 tions. 
 
 (4) In the event of an elector placing more names upon what votes to 
 his or her voting paper than there are representatives to ^® ^°"^^®*^' 
 be elected by the electing body to which such elector 
 belongs the first name or names, making the number for 
 
 whom the said elector was entitled to vote, shall be counted 
 and no other. 
 
 (5) In the event of an elector placing upon his voting Elector voting 
 paper any name or names of persons who were not quali- candidates "^^ 
 fied candidates the vote in favor of any qualified candidate 
 
 who is properly voted for shall not thereby be invalidated. 
 Such voting paper shall be acted upon as if the name or 
 names of the person or persons who were not qualified 
 candidates had not been placed in such voting paper. 
 
 (6) Upon the completion of the counting of the votes Declaration of 
 and of the scrutiny, the Registrar of the Council shall ^^^^ 
 
32 
 
 Equality of 
 votes. 
 
 declare elected as a member or members of the Council the 
 candidate or the required number of candidates who have 
 received the highest number of votes cast by the respec- 
 tive bodies of electors, and shall forthwith thereafter 
 report the same in writing, signed by himself and by the 
 scrutineers, to the Minister of Education. 
 
 (7) In case of an equality of votes for two or more can- 
 didates which leaves the e^lection of one or more members 
 of the Council undecided, then the scrutineers shall forth- 
 with put into a ballot box a number of similar papers 
 with the names of the candidates respectively having such 
 equality of votes written thereon, one for each candidate, 
 and the Registrar shall draw by chance from the ballot box 
 in presence of the scrutineers one or more of the papers 
 sufficient to make up the required number, and the per- 
 son or persons whose name or names are upon the papers 
 so drawn shall be deemed elected to the said council. 
 
 Date of 
 
 University 
 election. 
 
 18. Representatives of the said Universities shall be 
 elected on or before the first Wednesday in November of 
 any year in which a general election of members of said 
 Council is to be held under this Act, and notification of 
 the names of the person or persons jelected shall be sent 
 forthwith to the Minister of Education by the Registrars 
 of the Universities respectively. 
 
 Default of 
 election. 
 
 19. — (1) In case defulat shall be made in the election of 
 a representative or of the required number of representa- 
 tives of any of the said Universities or of any of the re- 
 spective bodies authorized to elect representatives to the 
 said Advisory Council, at the time prescribed therefor by 
 this Act, the Lieutenant-Governor in Council may appoint 
 a member or members to fill the office or offices so left 
 vacant, provided, however, that every person so appoint- 
 ed shall be a properly (jualified member of the body such 
 person is to represent on the said Council. 
 
 vacan(^esin (2) In casc the officc of a representative of any of the 
 representation said Universities on the said Council is vacated for any 
 cause before the expiration of his term of office, the Sen- 
 ate of such University shall elect another representative 
 qualified according to the provisions of this Act to fill 
 such vacancv as soon after such vacancy occurs as may 
 be convenient, and if such vacancy is not filled in manner 
 aforesaid within one month after it occurs the Lieuten- 
 ant-Governor in Council may appoint a member of such 
 University to fill such vacancy. 
 
 Vacancies in (^) In case any member of the said Council representing 
 
 oKXVVo^r'' ^^^ Public School Inspectors or one of the said bodies of 
 inspectors tcachers shall vacate his or her office from any cause before 
 the expiry of the term for which he or she was elected. 
 
 how filled. 
 
33 
 
 the defeated candidate for sucli office who at the last pre- 
 ceding election had the highest number of votes next after 
 the candidate or candidates elected, and who is still willing 
 to accept the office, shall forthwith become a member of 
 the said Council in place of and for the remainder of the 
 unexpired term of the former representative so vacating 
 his office as aforesaid, and as soon as convenient shall be 
 notified by the Minister of Education that he has become 
 a member of the aid Advisory Council. 
 
 Tf further vacancy occurs in the representation of the 
 same electing body, the defeated candidate at the last pre- 
 ceding election who received the second or next highest 
 number of votes, and who is still willing to accept office, 
 shall become a member of the said Council to fill such 
 vacancy, and shall be notified by the Minister of Educa- 
 tion to that effect as hereinbefore provided. 
 
 (4) If bv reason of two or more of such defeated candi- ^^"*ViL?L 
 
 ij''«ii i» 1 !• •! 1 votea In such 
 
 dates m either oi such cases having received an equal cases, 
 number of votes, the question of filling any vacancy can- 
 not be decided in manner aforesaid, then such question 
 shall be decided by chance in the manner provided by sub- 
 section 7 of section 17 of this Act. 
 
 . (5) If in any such case there is no such defeated can- JJ^^^g^^j^^^^'y 
 didate to fill such vacancy or none still willing to accept by Lieutenant- 
 the office, or if for any reason a vacancy cannot be filled council, 
 under any of the preceding provisions, then the vacancy 
 may be filled by the Lieutenant-Governor in Council by 
 the appointment to the said Advisory Council of a pro- 
 perly qualified member of the body to be represented. 
 
 20. Notwithstandmg any of the provisions hereinafter Ei«^tion^^d^ 
 contained, the members of the said Advisory Council repre- of representa- 
 senting the school trustees of the Province, shall be elected, trustees, 
 each for a term of three years, by the members of the trus- 
 tee section of the Ontario Educational Association at any 
 annual meeting thereof, and sucli election shall be con- 
 ducted in all respects in such manner as the majority of 
 the members of the said trustee section shall deem expedi- 
 ent. Any vacancy occurring at any time in such repre- 
 sentation may be filled at the next annual meeting of the 
 said association. 
 
 The Lieutenant-Governor in Council may appoint two f^^^^^Pf ««"• 
 renresentatives of the said school trustees as members of the trustees, 
 said Advisory Council to hold office until the members of 
 the said trustee section hold their first election, and in case 
 of vacancy at any time in such representation, the Lieuten- 
 ant-Governor in Council may appoint a member to hold 
 office until the said trustee section elects another repre- 
 sentative to fill such vacancy. 
 3 s. A 
 
34 
 
 Vacating 
 office. 
 
 21. Any member of the Advisory Board of Education 
 who ceases to reside in, the Province of Ontario or ceases 
 to possess the qualification upon which such member was 
 elected as required by this Act, or becomes insane or is 
 convicted of any felony or misdemeanor shall ipso facto 
 vacate his or her o£&ce. 
 
 offi°eoreduVa° ^^' Notwithstanding the provisions of this Act, the Edu- 
 tionai council, cational Council appointed u^der the provisions of Section 
 6 of The Education Department Act of 1901 shall continue 
 in office and shall discharge the prescribed duties con- 
 nected with the annual departmental and matriculation 
 examinations of 1906 until all matters connected there- 
 with have been finally disposed of. 
 
 POWER AND DUTIES OF MINISTER OF EDUCATION. 
 
 Powers of 23. It shall be the duty of the Minister of Education 
 
 and he shall have power : 
 
 Apportionment (1) To apportion all sums of money voted by the Legis- 
 lative Assembly as a general grant for public and separate 
 schools among the several cities, towns, incorporated vil- 
 lages and townships, except townships in the territorial 
 districts, according ta the population in each as compared 
 with the whole population of the Province, as shewn by the 
 last annual returns received from the municipal clerks; 
 
 Special grants. (2) To apportion all sums of money voted, by the Legis- 
 lative Assembly as a special grant for rural public and 
 separate schools among the several townships according 
 to the population of each as compared with the popula- 
 tion of all the townships in the Province, not including 
 the territorial districts, according to the last annual re- 
 turns received from the township clerks ; 
 
 (3) To divide the total of the amounts so apportioned to 
 each city, town, incorporated village and township be- 
 tween public and separate schools according to the aver- 
 age«number of pupils attending such schools respectively, 
 during the next preceding calendar year, or during the 
 number of months which may have elapsed from the estab- 
 lishment of a new public or separate school as compared 
 with the whole average number of pupils attending school 
 in the same city, town, village or township ; 
 
 (4) To see that the money so apportioned to the public 
 schools of every city, town and incorporated village is paid 
 to the treasurer thereof, and that the money so apportioned 
 to the public schools of each township is paid to the treas- 
 urer of the county in which such township is situated, on 
 or before the first day of July in each year, as the Lieuten- 
 ant-Governor in Council may direct : 
 
 Division 
 between pub- 
 lic and Bepar- 
 ate schools. 
 
 Payment of 
 grant to 
 treasurer. 
 
35 
 
 (5) To direct the county inspector to distribute among Distribution of 
 the public school sections of each township under his juris- pSSiVsc'hJoisJ 
 diction, subject to the Regulations of the Department of 
 Education, all sums apportioned as aforesaid to the rural 
 
 public schools therein, on the basis of the salaries paid to 
 the teachers, the character of the accommodations, and the 
 value of the equipment, after providing a minimum grant 
 for each such school which is equipped as required by the 
 Regulations of the Department of Education. All such 
 grants shall be payable bv the township treasurer to the 
 order of the treasurer or secretary-treasurer of the board 
 of trustees on the inspector's order. Notice of such dis- 
 tribution shall be given by the inspector to the trustees 
 concerned ; 
 
 (6) To distribute among the separate schools of each Distribution of 
 township, subject to the Regulations of the Department feparJte"^"^* 
 of Education, all sums apportioned as aforesaid to the"^^*^^^* 
 rural separate schools therein, on the basis of the salaries 
 
 paid to the teachers, the character of the accommodations, 
 and the value of the equipment, after providing a mini- 
 mum grant for each such school which is equipped as 
 required by the Regulations of the Department of Educa- 
 tion ; to give notice of such distribution to each separate 
 school board concerned and to pay to the board of each 
 separate school the amount apportioned thereto as afore- 
 said, on or before the first day of July in eacii year, as the 
 Lieutenant-Governor in Council may direct ; • 
 
 (7) To apportion under the provisions of such regulations Apportionment 
 as may be made by the Department of Education, all sums assSng p*oo7 
 of money voted by the Legislative Assembly for assisting ggjgjj^*;^^^^ 
 public and separate^ school boards in poor rural districts to 
 
 pay teachers* salaries ; 
 
 (8) To pay to the trustees of every rural school in the Payments to 
 Territorial Districts out of any sums of money voted there- }e?rUorii?di6- 
 for by the Legislative Assembly, at least one hundred dol- ^"cts. 
 
 lars for the full calendar year in equal half-yearly instal- 
 ments on the report of the Inspector that this Act and the 
 Regulations of the Department of Education^ have been 
 complied with ; and to direct the Inspector to distribute thje 
 rest of the grant, if any, amongst said schools in accordance 
 with the regulations of the Department of Education; 
 
 (9) To apportion all sums of monev voted by the Legisla- High school 
 tive Assembly for high school purposes among the several ^alS.*' ^^^ 
 hi?h schools of the Province, subject to the regulations of 
 
 the Departinent of Education, on the basis of the salaries 
 paid to teachers, the character of the accommodations, 
 and the value of the equipment, after providing a mini- 
 mum grant for each such school which is equipped in 
 accordance with the Regulations of the Department of Edu- 
 cation ; and to give notice of such apportionment to the 
 
36 
 
 Minister may 
 submit ques- 
 tions arising 
 upon school 
 law to High 
 Court. 
 
 county clerk of each county, and to see that the same is 
 paid to the high school treasurer as the Lieutenant-Gover- 
 nor in Council may direct ; 
 
 other grants, (IQ) Subject to the Regulations of the Department of Edu- 
 cation, to apportion out of any grant made by the Legisla- 
 tive Assembly for such purposes, all sums payable under 
 anv statute in that behalf towards the maintenance of the 
 normal schools or other schools or institutes for the train- 
 ing of teachers, continuation classes, technical schools, 
 maual training departments, household science depart- 
 ments, school gardens, kindergartens, night schools, public 
 libraries, art schools, inspection of schools, the examination 
 of teachers, and all other incidental departmental expen- 
 ses; also to apportion under the provisions of such regula- 
 tions as may be made by Order in Council all sums of 
 money voted by the Legislative Assembly for aiding public 
 and separate school boards in rural districts to furnish cer- 
 tain text-books free of cost. 
 
 (11) To submit a case on any question arising under The 
 Public Schools Act or The High Schools Act, or under The 
 Separate Schools Act to any Judge of the High Court for 
 his opinion and decision, or, with the consent of such 
 Judge, to a Divisional Court of the said High Court for 
 its opinion and decision ; 
 
 dipmes^n"^^ (12) To decide upon all disputes and complaints laid 
 complaints. before him the settlement of which is not otherwise pro- 
 vided for by law, and upon all appeals made to him from 
 the decision of any inspector or other school officer; 
 
 (13) To appoint one or more persons, as he may deem 
 expedient, to inquire into and report to him upon any 
 school matter. Such person or persons, or any of them, 
 shall have power to administer oaths to witnesses, or re- 
 quire them to make solemn affirmation of the truth of the 
 matters they may be examined upon; to suspend or can- 
 cel for cause any certificate of qualification granted by the 
 Education Department ; 
 
 (14) To apply to the High Court for a writ of subpoena 
 ad testificandum and also duces tecum upon the praecipe of 
 the Minister of Education therefor, containing the names 
 of the witnesses intended to be summoned thereby, such 
 writ to be directed to each person who is required thereby 
 to attend and give evidence at such times, and places, 
 and before such person or persons as the Minister shall 
 appoint ; and default of any person in obeying- such sub- 
 poena shall be punishable as in any action or cause in the 
 said Court; 
 
 to^madrby (^^) "^^ report annually to the Lieutenant-Governor upon 
 Minister of the Condition of Education in Ontario, with such suereres- 
 
 Education. i- £ - ' '2. r. j i • « 
 
 tions lor improving it as he may deem expedient. 
 
 Power to 
 appoint com- 
 missioners. 
 
 Compelling 
 attendance of 
 witnesses. 
 
37 
 
 SPECIAL PROVISION FOR 1906. 
 
 24. Notwithstanding tlie provisions hereinbefore con- Apportionment 
 tained, all sums of money voted by the Legislative Assem- gmnf Infww^ 
 bly as a general grant for public and separate schools for 
 the year 1906 shall be apportioned as if this Act had not 
 been passed ; all moneys voted by the Legislative Assembly 
 as a special grant for rural public and separate schools for 
 the year 1906 shall be divided among the respective town- 
 ships in the Province, not including the territorial districts, 
 in the manner set forth in subsection 2 of section 23 of this 
 Act; the part of such special grant which is apportioned 
 to each township shall be divided between public and sepa- 
 rate schools therein in the manner set forth in subsection 3 
 of said section 23, and the part thereof which is appor- 
 tioned to the public schools of such township shall, sub- 
 ject to the regulations of the Education Department in 
 regard to union school sections composed of portions of 
 dift'erent townships in the same or in different counties, 
 be divided bv the inspector equally among all the other 
 public schools therein, and the part thereof which is ap- 
 portioned to the separate schools of any township shall be 
 divided by the Minister of Education equally among all the 
 separate schools therein. In each township where there 
 are no separate schools the amount of such special grant 
 apportioned, to such township for the year 1906 shall be 
 divided by the inspector equally among • all the public 
 schools therein. 
 
 SUPERINTENDENT OF EDUCATION. 
 
 25. — (1) The Superintendent of Education shall, subject Duties and 
 to the Minister of Education and any Acts or Regulations sSpe^rinten- ® 
 in that behalf, have the general supervision and direction J^^^ ^^ ^^'^^*- 
 of all classes of high, public and separate schools, the tech- 
 nical schools, the professional training schools and examin- 
 ations for teachers of the said schools, the teachers' insti- 
 tutes, the art schools, the school libraries, and the inspec- 
 tors of the said schools, and may make recommendations to 
 the Minister on any matter arising out of such supervision 
 and direction. 
 
 (2) And the said Superintendent shall make annually to Annual report, 
 the Minister a report on the condition and requirements of 
 the part of the Provincial system of Education under his 
 supervision and direction. 
 
 26. Except as provided in sections 3 and 4 of this Act fo^f/t|J>f^^ ^^ 
 nothing in this Act contained shall be deemed, taken or segarate^^^ 
 construed as, in any manner or for any purpose, altering, affected, 
 varying or affecting any power, right or authority which, 
 before the passing of this Act, was by law vested in or 
 held, had or possessed by the Minister of Education or the 
 
38 
 
 Department of Education in respect either to Roman 
 Catholic Separate Schools or of any matter or thing what- 
 soever pertaining- to or affecting said Separate Schools. 
 
 REGULATIONS AND ORDERS IN COUNCIL. 
 
 ?ndo?dere1ii ^'^' — ^^^ Every Regulation or Order in Council made 
 
 couHciitobe Under this Act or under the public, separate or high schools 
 
 LegisiaUve '^^ Acts, shall he laid before the Legislative Assembly forth- 
 
 Assembiy. with, if the Legislature is in session at the ^ date of such 
 
 Regulation or Order in Council, and if the Legislature is 
 
 not in session such Regulation or Order in Council shall be 
 
 laid before the said House within the first seven days of 
 
 the session next after such Regulation or Order in Council 
 
 is made. 
 
 Disapproval by (2) In case the Legislative Assembly at the said session, 
 Assembly. or if the sessiou does not continue for three weeks after the 
 said Regulation or Order in Council is laid before the 
 House, then at the ensuing session of the Legislature, dis- 
 approves by resolution of such Regulation or Order in Coun- 
 cil either wholly or of any part thereof, the Regulation or 
 Order in Council, so far as disapproved of, shall have no 
 effect from the time of such resolution being passed. 
 
 COMMISSIONS OF ENQUIRY. 
 
 S-Gov^Sor 28.— (1) When the Lieutenant-Governor in Council 
 
 in Council maydcems it expedient to cause inquiry to be made into or con- 
 order enquiry. . T ^ 
 cernmg : — 
 
 (a) Any institution which is under the control or man- 
 
 agement of the Deportment of Education or 
 any matter pertaining thereto ; 
 
 (b) School books ; 
 
 (c) Or any educational question, 
 
 Powers of The Lieutenant-Govemor may, by the commission in the 
 
 commissioners. „ . • . " . ' . . , 
 
 case, confer upon the commissioner or commissioners by 
 whom such inquiry is to be conducted, the power of sum- 
 moning before them any person or witnesses, and of requir- 
 ing them to give evidence on oath, orally or in writing (or 
 on solemn affirmation, if they are persons entitled to affirm 
 in civil matters), and to produce such documents and things 
 as the commissioners deem requisite to the full investiga- 
 tion of the matters into which they are appointed to 
 examine. 
 
 Enforcing ^ (2) The Commissioner or commissioners shall have 
 
 before *cwn mis the Same power to enforce the attendance of witnesses and 
 
 sioners. ^^ compel them to give evidence and produce documents 
 
 and things, as is vested in any court in civil cases ; but no 
 
39 
 
 person or witness shall be compelled to answer any ques- 
 tion, by his answer to which he might render himself liable 
 to a criminal prosecution. 
 
 29. The Act passed in the first vear of His Majesty's i Edw. vii., 
 reign, chaptered 38, is hereby repealed. ' c. 88 repealed. 
 
 SCHEDULE. 
 
 (Section 10, (S) ). 
 
 Form of Voting Paper. 
 
 • Advisory Council of Education. 
 
 Election, 19 
 
 I resident at , in the County of do 
 
 hereby declare : 
 
 (1) That the signature affixed hereunto is my proper hand- 
 writing ; 
 
 (2) That I vote for the following person or persons as member 
 or members (as the case may he) of the Advisory Council of Edu- 
 cation, viz., 
 
 of in the County of etc. ; 
 
 (3) That I have not signed any other voting paper as High, 
 Public, or Separate School teacher, or Public School Inspector ; 
 
 (4) That the voting paper was executed on the day of the date 
 hereof ; 
 
 (5) That I vote in my right as High, Public, or Separate School 
 teacher or Public School • Inspector (as the case may he); and 
 
 (6) That the date and number of my permanent professional 
 certificate are 
 
 Witness my hand this day of , A.D. 19 
 
 AN ACT TO AMEND THE PUBLIC SCHOOLS ACT. 
 
 Assented to 14th May, 1906. 
 
 HIS MAJESTY, by and with the advice and consent 
 of the Legislative Assembly of the Province of On- 
 tario, enacts as follows: — 
 
 1. Paragraph 4 of section 2 of The Public Schools Act isiEdw.vii., 
 hereby amended by inserting after the word ''house'' iiipa?%^'^* 
 the second line thereof the words ''school garden." amended. 
 
 2. Section 2 of The Public Schools Act is hereby amended i Edw.yii., 
 by adding thereto the following paragraph : amended. 
 
 11. "Secretary" or "Treasurer" shall mean Secretary- •• secretary.';^ 
 treasurer in a school section or municipality where a sec- meanmg^of! 
 retary-treasurer is elected. 
 
40 
 
 lEdw.VIl., 
 C. 39, 8. 8, 
 subs. 2, 
 repealed. 
 
 Grouping 
 schools for 
 continuation 
 claises. 
 
 3. Subsection 2 of section 8 of the said Act is hereby- 
 repealed and the following substituted therefor : — 
 
 (2) The trustees of any number of public schools, or any 
 number of public and separate schools, not situated in a 
 high school district as defined by The High Schools Act, 
 may, by mutual agreement, determine that such continua- 
 tion classes shall be conducted in one of such schools for 
 the benefit of the pupils of all of them', and in such cases 
 the trustees of each of the said schools shall have power 
 to provide, by additional or increased rates to be levied 
 upon ^le same property upon which the other school rates 
 are levied, for the maintenance of such continuation classes. 
 The said agreement shall specify the proportion of the cost 
 of maintenance to be paid by the trustees o-f each of said 
 schools, or shall provide for the settlement of the same b:J 
 arbitration or by such other method as they deem expedi- 
 ent. 
 
 1 Edw. VII. 
 C. 89, s. 8, 
 subs. 5, 
 amended. 
 
 Qualifications 
 of teachers of 
 'continuation 
 
 classes. 
 
 4-. Subsection 5 of section 8 of the said Act is hereby 
 amended by striking out the words ''at the date of this 
 Act" in the first line thereof and substituting therefor the 
 words ''on the 15th day of April, 190T,'" and by striking 
 out all the words in the said subsection after the word 
 ''principal" in the fourth line thereof and substituting 
 therefor the words "or assistant after the date when this 
 Act takes effect shall possess the qualifications prescribed 
 by the llegulations of the Department of Education." 
 
 continuation 
 classes in 
 united coun 
 ties. 
 
 1 Edw. VII., 5. Subsection 6 of said section 8 is hereby amended by 
 subs! 6.' ' adding thereto the following paragraph: — 
 
 amended. 
 
 Apportionment "The council of two Or more counties united for munici- 
 
 01 amount to i i • n i j t i • -i o 
 
 be raised for pal purposes mfty apportion the amount to be levied for 
 continuation classes so that each county forming such union 
 shall be liable only for sums payable in respect of continu- 
 ation classes within such county. Where trustees of differ- 
 ent schools situated in more than one of such united coun- 
 ties have joined together under subsection 2 for the con- 
 duct of continuation classes, the said council may deter- 
 mine the proportion to be paid by each of such counties in 
 respect of such continuation classes." 
 
 1 Edw. VII., 6. Subsection 2 of section 9 of the said Act is hereby 
 subs! 'A ^* amended by striking out the word "member" in the first 
 amended. ijjjg thereof and substituting therefor the word "number." 
 
 1 Edw. VII., 
 c. 39, s. 11, 
 repealed. 
 
 lEdw. VII., 
 c. 39, 8. 12. 
 subs. 4, 
 amended. 
 
 7. Section 11 of the said Act is hereby repealed. 
 
 8. Subsection 4 of section 12 of the said Act is hereby 
 amended by adding thereto the following words: "and to 
 furnish annually, on or before the first day of December, to 
 the local public school inspector, information in writing of 
 
41 
 
 the acreage, tlie assessed value, the rate for school purposes 
 and the school population between the ages of five and 
 twenty-one years of each section or part of union section 
 within the township. '^ 
 
 9. Subsection 5 of section 12 of the said Act is hereby i Edw. vu-. 
 amended by striking out all the words after the word subs.' ,< ' 
 ''shall'' in the second line, the whole of thp third, f ourth •°''^^^^' 
 and fifth lines and the first three words of the sixth line 
 thereof, and substituting therefor the words '*call the first 
 meeting for the fourth Wednesday after the formation of 
 
 such section, by causing notices to be posted in three of 
 the most public places in the new section at least six clear 
 days before the date when the said meeting is to be held" 
 and by striking out the word ''time" in the seventh line 
 and substituting therefor the word "hour." 
 
 10. Subsection 6 of said section 12 is hereby amended i Edw. vii., 
 by striking out all the words in the second line after the subs! 6, ' • 
 word "elected" and the first seven words of the third line *°^®^'^®^- 
 and substituting therefor the words "or the first trustee in 
 seniority shall hold office for a term to be computed from 
 
 the date of the election until the expiration of three years 
 from the next date fixed by this Act for holding annual 
 meetings of ratepayers, the second shall hold office for one 
 year less and the third for two years less than the said 
 term, subject in all cases to the provisions of this Act 
 respecting trustees being disqualified or vacating their 
 offices." I 
 
 \ 
 
 11. Subsection 4 of section 14 of the said Act is hereby i Ed w.vii.. 
 amended bv striking out the last four words of the second subs! 4", 
 line, the whole of the third line and the first word of the^^^^^^^^- 
 fourth line, and substituting therefor the following: ''He ChaiTm^n^of 
 shall not vote unless there is an equality of other votes ing^-casting 
 when he shall give the casting vote." 
 
 12. Subsection 2 of section 15 of the said Act is hereby i^dw- vii., 
 amended by inserting after the word "names" in the f 9^5"*^ ^^^^.^^ ' 
 line thereof the words "and residences" and by striking 
 
 out the words, "with the residence of the voter" at theV°*^^f** 
 end of the said subsection. meetings. 
 
 13. Subsection 3 of section 15 of the said Act is hereby lEdw^vii.. 
 repealed' and the following substituted therefor : S^lafed 
 
 (3) When a poll is granted on any public school question Recording 
 the secretary shall prepare or procure a poll-book with two ^o^tes.auchooi 
 separate columns marked respectivelv "for" and against : 
 and shall opposite to such columns write the name and 
 residence of each ratepayer voting on the said question: 
 
42 
 
 and snail record his vote by setting the figure *'l" oppo- 
 site his name in the proper column so as to show how he 
 votes on the said question. 
 
 1 Edw. VII. 
 C.39, s, 15, 
 subs. 4. 
 amended. 
 
 Declaration of 
 farmer's son 
 voting at 
 meetings. 
 
 14. The following paragraph shall be inserted immedi- 
 ately after the third paragraph of the declaration set forth 
 in subsection 4 of section 15 of the said Act and shall be 
 substituted for said third paragraph when a person claims 
 to vote as a* farmer's son: ''That my father (mother, step- 
 father or stepmother, as the case may be) is a supporter 
 of the public school in said school section No. — , and 
 that I have been a resident of said section for the past six 
 months.'' 
 
 1 Edw. VII. 
 c. 39, s. 15, 
 
 subs. 7, 
 amended. 
 
 15. Subsection 7 of section 15 of the said Act is hereby 
 amended by inserting after the. word ''election" in the 
 third line thereof the words : "and of the name and address 
 of the chairman of the said meeting." 
 
 i^dw.yii., IQ Subsection 8 of section 15 of the said Act is hereby 
 subs.' 8.' ' amended by striking out all the words between the word 
 amended. '^^^^^^^ ^^'^-^^ fifth H^e and the word "time" in the sixth 
 ]ine thereof and substituting therefor the following: "and 
 confirm the said election or proceedings if found to be 
 in accordance with this Act or set aside the same if found 
 not to be in substantial accordance therewith, and in the 
 toSSiinl.^' latter event he shall appoint a" and by adding at the end 
 of the said subsection the following : "and it shall not be 
 incumbent upon the inspector to set aside such election or 
 proceedings for want of formal compliance with the provi- 
 sions of this Act if_he is satisfied that the result of such 
 election or proceedings has not been affected thereby." 
 
 J^^^. VII., 17 Subsection 9 of section 15 of the said Act is hereby 
 
 subs! 9, ' amended by adding at the end thereof the words "or the 
 
 vote or proceedings upon any school question." 
 
 1 Edw. VII., 
 c. 39, s 18, 
 subs. 2 
 amended. 
 
 18. Subsection 2 of section 18 of the said Act is hereby 
 amended by inserting after the word "money" in the last 
 line thereof the words : "in his possession, power or con- 
 trol." 
 
 J.^39.'^8.T9"' 1^- Subsection 2 of section 19 of the said Act is hereby 
 8«t>».'2. ' amended by adding thereto the following: "such request 
 
 in writing or petition and the notice calling such special 
 mietm^^^^'*"^ meeting shall specify the objects for which such special 
 
 meeting is to be held." 
 
 c.38%'. 20, ■' 20. Section 20 of the said Act is hereby amended by 
 amended. striking out all the words therein after the word "there- 
 by" in the fourth line thereof. 
 
43 
 
 21 . Subsection 1 of section 22 is hereby repealed and the i Edw. vii., 
 following substituted therefor: subs!?;^^' 
 
 repealed. 
 
 (1) There shall be two auditors in each rural school ^^^^.^^j^^^^ 
 section. One shall be elected annually by the ratepayers rural school 
 at the annual or a special meeting and the other shall i;)e ^'^^*'''°^* 
 appointed by the school trustees on or before the first day 
 of December in each year. In case an auditor dies or 
 refuses or is unable to act another may be elected or ap- 
 pointed in his place by the same authority that elected or 
 appointed him. But if from any cause at any time after 
 the first iay of December there are not two auditors, 
 willing, able and authorized to act, the inspector on Ihe 
 written request of any two ratepayers shall appoint one 
 or both auditors as the case may require. 
 
 22. Subsection 1 of section 34 of the said Act is hereby i Edw. vii., 
 repealed and the following substituted therefor : — subs. \^^' 
 
 repealed. 
 
 34. — (1) The trustees of every rural school section, or ggj^^^jj^g ^^^ 
 a majority of them, shall have power to select a new site for rural 
 school site or to agree upon a change of school site, and 
 thereupon the trustees shall forthwith call a special meet- 
 ing of the ratepayers to consider the school site selected 
 by them ; and no school site shall be adopted, or change of 
 school site made, except in the manner hereinafter pro- 
 vided, without the consent of a majority of such special 
 meeting. 
 
 23. Sub-'ection 2 of said section 34 is hereby amended by lEdw. vii., 
 inserting the word ''school" immediately before the word gubsl 2. ^''' 
 "site" in the second line thereof. amended. 
 
 24. Subsection 2 of section 35 of the said Act is hereby 1 Edw. vii. 
 amended by inserting after the word ''site" in the fif th ^;,g' \^^' 
 line thereof the words "or required for the enlargement of a^^ended. 
 the school premises." 
 
 25. vSubsection 4 of said section 35 is hereby amended by 1 Edw. vii., 
 inserting: after the word "site" in the fifth line thereof the subs! 4. 
 words "or for the enlargement thereof." 
 
 26. Subsection 1 of section 36 of the said Act is hereby 1 Edw. vii., 
 amended bv insertinsr after the word "site" in the first line subs', i, 
 thereof the words "or for land required for the enlarge- ^"^^°^^- 
 ment of school premises" and bv adding at the end thereof 
 
 the following: "and showinsr that the amount of the dam- 
 ages has been paid or tendered as provided in the preced- 
 ing section." 
 
 27. Subsection 1 of section 37 of the said Act is hereby ^ Edw. vii., 
 amended bv striking out the word "the" in the second line subs! li 
 thereof and substituting therefor tTie word "any" and by'^"^^^^^^- 
 
u 
 
 striking? out all the words after the word ^ 'house" in the 
 third line thereof and substituting therefor the words 
 ' 'without the consent of the owner thereof." 
 
 c.^Q.'I.IsV" 28. Section 38 of the said Act is hereby amended by 
 
 amended. striking out all the words after ''shall" in the fourth 
 line, and the whole of the fifth and sixth lines thereof 
 and substituting therefor the words "approach within one 
 hundred yards of or include any garden, orchard, pleas- 
 ure ground, or dwelling house without the consent of the 
 owner thereof." 
 
 c^sg'^s' T5"" 2^- Section 45 of the said Act is hereby amended by add- 
 amended.' ing" thereto the followino- subsections: — 
 
 School sections 
 and union 
 sections 
 confirmed. 
 
 (2) Whenever a school section or a union school section 
 has existed in fact for three months and upw^ards, and 
 whether the same has been formed in accordance with the 
 provisions of the law in that behalf or not, it shall be 
 deemed to have been legally formed and shall continue to 
 exist, subject, however, to the provisions of this Act as 
 far as applicable, as if such section had been formed there- 
 under, unless, in the meantime, proceedings have been 
 taken calling in question the legal status of such section 
 and notice thereof has been given to the persons who ought, 
 according to the practice of the Court in which the proceed- 
 ings are taken, to be served with notice thereof, and such 
 proceedings shajl result in its beiner determined that such 
 section has not been legally formed. 
 
 Proceedings (3) No proceeding in or in relation to the formation, 
 
 etc., validated, alteration or dissolution of a rural school section or a union 
 school section and no arbitration or award in reference 
 thereto or as to any matter which by the provisions of this 
 Act are to be or mav be determined by arbitration shall be 
 deemed to be invalid or shall be set aside because of the 
 failure to comply with the provisions of this Act applicable 
 to such proceeding, arbitration or award unless in the 
 opinion of the tribunal before which such proceeding, 
 arbitration or award is called in question the same, if 
 allowed to stand, will cause substantial injustice to be 
 done to the persons aiYected thereby or some of them. 
 
 Scounty^or ^^^ Should any question arise touching the validity of 
 district judge, the proceedings in or in relation to the formation, altera- 
 tion or dissolution of any rural school section or union 
 school section, or touching the selection, adoption or change 
 of a school site, or touchinor any bv-law of the council of 
 any municipal corporation in any way relating to the said 
 matters or any or either of them or touching any arbitra- 
 tion or award heretofore or hereafter had or made under the 
 provisions or authoritv of this Act, the same shall not be 
 raised, or determined bv action or proceeding in the High 
 
45 
 
 Court of Justice for Ontario, but shall be raised, heard and 
 determined upon a summary application to tne judge of 
 the county or district court of the county or district in 
 v\"hich such school section or some part thereof is situate, 
 and the decision of such judge shall be final and conclu- 
 sive, unless special leave to appeal therefrom shall be given 
 by the High' Court or a judge thereof, and if such leave be 
 given an appeal shall lie to the 'High Court upon questions 
 of law only, upon and subject to such terms and conditions 
 as the court or judge giving the leave shall prescribe. 
 
 30. Section 48 of the said Act is hereby amended 1^7 J ^g^-^"- 
 striking out the figures ''43" in the 14th line thereof and amended.' 
 substituting therefor the figures ''46." 
 
 31. Subsection 1 of section 58 is hereby amended ^^Y ^ ^gg^- X^^' 
 striking out the words "after the first election of trustees" subs.' ij 
 
 in the third line thereof and substituting therefor the *'^^"^^'^- 
 words: '^except as hereinafter provided." 
 
 32. Subsection 2 of section 58 of the said Act is hereby i Edw. yii., 
 amended by striking out the words "one of the trustees in siibl's"" °^' 
 each^ward" in the first line thereof and substituting there- '^""^^^^e^i- 
 for the words "After the first election of trustees in any 
 
 ward or when from any cause the two trustees in any ward 
 are elected simultaneously, one of them" and by striking 
 out all the words of said subsection after the word "retire" 
 in the sixth line thereof and substituting therefor the 
 words : "After such first or simultaneous election one trus- 
 tee shall be elected annually for each ward." 
 
 33. — (1) Subsection 1 of section 59 of the said Act isiEdw. vii., 
 hereby amended by striking out the words "after the first gubl; f; ^^' 
 election of trustees" in the second and third lines thereof , amended, 
 and substituting therefor the words, "except as hereinafter 
 provided." 
 
 (2) Subsection 2 of section 59 of the said Act is hereby i Edw^ vii.. 
 amended by striking out the first four words thereof and subs' i 
 substituting therefor the following: "After the first elec- ^^«"^^^- 
 tion of trustees in any such incorporated village three of 
 them" and by striking out the word "which" in the 6th 
 line thereof and substituting therefor the words "such 
 first election." 
 
 34-. Subsection 6 of section 60 of the said Act is hereby i Edw. vii., 
 amended by inserting after the. word "names" in the T^^sute.'e."^' 
 line thereof the words "and residences" and by striking amended, 
 out the last six words of the said subsection, 
 
 35. The Public Schools Act is herebv amended by insert- J Edw.^vn.,^^ 
 ino- therein immediately after section 60 thereof the follow- 
 ing as section 60<2 : 
 
not to vote. 
 
 46 
 
 rmptedfrom ^^.^' ^^^ person exempted by the trustees of any school 
 school rates section from the payment of school rates wholly or in part 
 on account of indigence shall thereby be deprived of the 
 right to vote at any election of trustees or any meeting of 
 ratepayers so long as such exemption shall continue. 
 
 lEdw- vn., 36. Paragraph 5 of section 65 of the said Act is hereby 
 
 par.'s," * amended by inserting aftet* the Avord ''assistants" in the 
 
 amended. g^^j^ j-^^^ thereof the words ''to maintain each school dur- 
 
 in"* the whole period of each school year except in cases 
 
 where it is otherwise provided under this Act." 
 
 1 Edw. vri 
 
 c. 39, s. 65, 
 
 37. Subsection 7 of the said section 65 is hereby repealed 
 subs.'~7 "' and the following substituted therefor : 
 
 repealed. " 
 
 Triustees pur- (7) To purchase, in case they deem it expedient, for 
 bookstand "° the use of pupils attending school, text-books and other 
 supplies. school supplies; and, at their discretion, either to furnish 
 
 the same to the pupils free of charge or to collect for the 
 use thereof from the respective parents ar guardians of 
 the pupils a sum not exceeding twenty cents per month 
 per pupil to defray the cost thereof. 
 
 l^Q^^; W' 38. Section 68 of the said Act is hereby repealed and the 
 
 c. 39, s. 68, , -- . 1 ■•, T 1 n 
 
 repealed. following substituted therefor: — 
 
 i^nWrSi 68.— (1) The school board or board of education of every 
 purposes. urban municipality shall have power to acquire and expro- 
 priate any land required by them to be used for a school 
 site, or for the enlargement of or an addition to, any exist- 
 ing school site. 
 
 appointment ^2) If the owncr of the land required refuses to sell the 
 of Tjy trustees, ^^j^q qj. demands therefor a price deemed unreasonable by 
 tlie school board or board of education, or refuses to accept 
 the price such board is willing to pay, the school board or 
 board of education may appoint an arbitrator and serve 
 nr-tic" of such appointment upon the owner of the land 
 reijuired and require him to appoint an arbitrator. Such 
 notice may contain' a description of the land required as 
 aforesaid, and a duplicate of such notice .containing such 
 description may be registered in the registry office of the 
 county or city in which the land is situated, together with 
 an affidavit verifying the same and proving service of 
 such notice upon the said owner. Such registration shall 
 be notice to all persons whomsoever that the said land is 
 being expropriated in the manner and at a price to be fixed 
 as herein provided. 
 
 Appointment (3) The said owner, within seven clear days after the 
 
 byowner-'^ service upon him of notice of the appointment of an arbi- 
 
 tMrdarbitra- frator by the said school board or board of education as 
 
 aforesaid, shall appoint an arbitrator, and the two arbi- 
 
47 
 
 trators so appointed shall appoint a third arbitrator, or in 
 default of their appointment of a third arbitrotor within 
 four clear days after the appointment of an arbitrator by 
 the owner of the said land as aforesaid, the county jud^e 
 of the county in which the land in question is situated:, 
 upon the application of either party made upon two clear 
 days' notice to the other party, shall appoint a third arbi- 
 trator. 
 
 (4) If the owner of the land required refuse or neglect owner 
 to appoint an arbitrator and to give notice of such appoint- appoint. 
 ment to the said school board or board of education within 
 seven clear days after receiving notice of the appointment 
 
 of an arbitrator by such board as aforesaid, the school 
 board or board of education may apply ex 'parte to the said 
 county judge upon affidavit setting forth the facts, and 
 thereupon the county judge, with or without directing 
 notice of such application to be served upon the owner of 
 the said land as he shall deem proper, shall appoint two 
 additional arbitrators. 
 
 (5) If an appointed arbitrator refuses to act or is i neap- Arbitrators re- 
 able of acting or dies, the other arbitrators, or in case of n^giecUng to 
 their default for seven j^lear da^s, the county judge, shall, *^^* 
 upon the application of either party, appoint an arbitrator 
 
 to fill such vacancy, and the arbitrator so appointed shall 
 have all the powers and act in the stead of the arbitrator so 
 refusing or being incapable to act or dying as aforesaid. 
 
 (6) Every school board or board of education in an urban g'r'Ta^dlVSn 
 municipality shall make to the owners or occupiers of any or injured, 
 real property adjacent to the land expropriated which is 
 injuriously affected by the exercise of the powers of expro- 
 priation conferred by this Act, due compensation for any 
 damages necessarily resulting from the exercise of such 
 powers: and every claim for such compensation, if not 
 
 settled by mutual agreement, shall be determined by the 
 said arbitrators. The said school board or board of educa- 
 tion shall give such notices to the owners and occupiers of 
 such adjacent land as the said arbitrators shall deem just 
 and reasonable, and shall name a time therein within which 
 claims shall be filed before the arbitrators ; and upon filing 
 their claims the said owners and occupiers shall be entitled 
 to be heajd and to adduce evidence before the said arbitra- 
 tors, and shall be bound by the aw^ard of the arbitrators as 
 to the compensation for such damages. In case any. owner 
 or occupier of such adjacent land fails to make his claim 
 to such compensation in writing filed before the said arbi- 
 trators within the time limited by such notice, or such 
 further time pending the arbitration as the arbitrators in 
 their discretion shall permit, such owner or occupier shall 
 lose all right to such compensation. 
 
48 
 
 Arbitrators (7) The arbitrators so appointed as aforesaid shall have 
 
 ™r o^ths!'"^^ power to, administer oaths to persons appearing to give 
 evidence before them, or to take the solemn affirmations of 
 such persons, if they are entitled to affirm in civil proceed- 
 ings. 
 
 Powersof (g) ^he arbitrators shall have power to hear and deter- 
 
 arbitratorsasto .'__.. • t , « i ' •» 
 
 determining mine all claims OP rights of encumbrancers, lessees, tenants 
 c aims. ^^j^j other persons as well as those of the owner in respect 
 
 of the said land required, and of the owners and occupiers 
 of such adjacent lands : and to decide who are necessary or 
 proper persons to appear before them either generally upon 
 the said arbitration or in respect of any particular claim or 
 right : and to direct all necessary notices to be served and 
 in what manner they may be served ; and after hearing all 
 parties interested, and the evidences adduced, the said 
 arbitrators shall make their award as to the price to be 
 paid for the land in question and as to the apportionment 
 of such price where more parties than one are interested 
 therein, and as to the amount to be paid to each lessee, ten- 
 ant or other claimant by way of compensation in respect of 
 an^ interest or right affected, and as to any compensation 
 or damages, if any, to be paid to such adjacent owners or 
 occupiers, or anv of them. 
 
 Decision of two (9) In case of the disagreement of the arbitrators on nny 
 be binding. matter Connected with the said arbitration or as to the 
 award to be made, the decision or award of any two of them 
 shall be valid and binding upon all parties. 
 
 Twoarbitra- (10) If one arbitrator refuses or neglects to attend any 
 ce?d?n*Ib?ence lawful meeting of the arbitrators, the other two arbitrators 
 of third. ^^^ proceed in his absence and may hear and determine 
 
 all matters that come before them and may make and pub- 
 lish their award upon the matter or matters in question, 
 and such award shall be valid and binding upon all parties ; 
 or they may adjourn the meeting for any period not exceed- 
 ing ten days, giving the absent arbitrator notice of the said 
 adjournment. 
 
 Subpoenas. (11) The school board or board of education, the owner 
 
 of the land in question, or any encumbrancer, lessee, ten- 
 ant, or other person interested in the said land or claiming 
 compensation in respect of any interest or right affected 
 by the expropriation of such land, or any owner or occupier 
 of such adjacent land, may sue out of the High Court of 
 Justice a writ of subpoena ad testificandum, or a writ of 
 subpoena duces tecum ^ and may comnel the attendance of 
 witnesses and the production of documents and things be- 
 fore the said arbitrators in the manner practised in the 
 said court, but no person shall be compelled under any such 
 writ to produce any document which he could not be com- 
 pelled to produce on the trial of an action in the said 
 court. 
 
49 
 
 (12) The arbitrators shall make their award within three Time for mak- 
 months after entering on the reference or after having been "'^ *'^*'"**- 
 called on to act by notice in writing from the said school 
 board or board of education or the owner of the land in 
 question, or on or before any later day to- which the arbi- 
 trators, by any writing signed by them, may from time to 
 time enlarge the time for making the award. 
 
 (IS) The said school board or board of education shall Payment of 
 pay all sums as required by the said award to the parties ^^^'°'^" 
 to whom such sums are awarded, or into court in accoid- 
 ance with the provisions of this Act. 
 
 If by reason of the absence of the person entitled to be when amount 
 paid any sum, or for any other reason, payment of such SlpitdlmS^ 
 sum cannot be made pursuant to the said award, or if the ^°^''*- 
 title to the said land expropriated, or any interest therein, 
 or to or in such adjacent land oi any part thereof, or the 
 right to any portion of the compensation therefor, is in 
 doubt, or if the school board or board of education have 
 reason to fear any claim or encumbrance, or if for any 
 other reason the said school board or board of education 
 deems it advisable, such board may pay the moneys due 
 under the said award or anj part thereof into the High 
 Court of Justice w4th six months' interest thereon. 
 
 Upon payment or tender of all moneys awarded by the 
 arbitrators to the parties entitled thereto, or upon payment 
 thereof, or such part thereof as has not been paid to any 
 person pursuant to the said award, into court w4th interest 
 as aforesaid pursuant to this Act, the school board or board 
 of education mav enter upon, take, anxl use the said land 
 for the purpose for which it was required. 
 
 (14) The owner of the land required and all parties inter- owners and 
 ested therein or claiming any compensation by reason of aSrwitncMes. 
 the expropriation of the same, and every owner or occupier 
 
 of adjacent land claiming compensation or damages, shall, 
 subject io any legal objection, submit to be examined by or 
 before the arbitrators on oath, or on affirmation, if entitled 
 to affirm in civil cases, in relation to the matters in ques- 
 tion, and shall, subject as aforesaid, produce before the 
 arbitrators all deeds, writings, documents and things in 
 their possession or power respectively, which may be re- 
 quired or called for, and do all other things which during 
 the proceedings on the reference the arbitrators may 
 require. 
 
 (15) The award of the arbitrators shall be in writing. Award to be in 
 and in duplicate if required by the school board or board dupHcftt°if '° 
 of education, and shall set forth the metes and bounds of ^®^"^^^^- 
 the land in question, and, the said award or a duplicate 
 
 thereof shall be registered in the registrv office of the 
 county or city in which the said land is situated, on the 
 
 4 S.A. 
 
50 
 
 affidavit of the secretary of tlie board verifying tlie same, 
 and shall be deemed to be the title of the trustees to the 
 land mentioned therein and .shall be a good title thereto 
 against all persons whomsoever. 
 
 Costs of arbi- (16) The costs of the arbitration and award, and of every 
 matter involved therein, shall be in the discretion of the 
 arbitrators, who may direct to and by whom and in what 
 manner such costs or any part thereof shall be paid, and 
 they may award costs to be paid as between solicitor and 
 client. 
 
 s^^39"sS,'*to ^1'^) Subsection 1 of section 39 of the said Act shall be 
 urban munici- construed as applying to land in urban municipalities as 
 panes, ^^Yi gg ^Q lands required for rural school sites. 
 
 1 Edw. VII. 
 C. 39, s. 70, 
 repealed . 
 
 39. — (1) Section 70 of the said Act is hereby repealed and 
 the following substituted therefor : — 
 
 County rate 
 in aid of 
 schools. 
 
 Township 
 grant in aid 
 of schools. 
 
 Where assess- 
 ment is less 
 than $30,000 
 for each 
 section. 
 
 70. — (1) The municipal council of every organized county 
 shall levy and collect by an equal rate upon the taxable 
 property of the whole county (not included in urban muni- 
 cipalities or annexed to any urban municipality for school 
 purposes) according to the equalized assessments of the 
 municipalities, in the manner provided by this Act and 
 The Municipal and Assessment Acts, a sum which shall be 
 at least the equivalent of all special grants made by the 
 Legislative Assembly to the rural schools of the county, and 
 such sum shall be payable to the trustees of the respective 
 schools receiving such legislative special grants in the 
 same proportions as the said special grants ^re apportioned. 
 
 (2) Where the assessed value of all the taxable property 
 of the public school supporters in any township of an organ- 
 ized county is at least equal to an average assessment of 
 130,000 for each public school section therein the munici- 
 pal council of such township shall levy and collect by as- 
 sessment upon the taxable property of the public school 
 supporters of the whole township in the manner provided 
 by this Act and The Municipal and Assessment Acts, the 
 sum of $300 at least for every public school where a teacher 
 or principal teacher is engaged for a whole year exclusive 
 of Vacations, and a proportionate amount of such sum of 
 |300 at least, w^here a teacher or principal teacher is en- 
 gaged for six months or longer ; and the additional sum of 
 at least $200 for an assistant teacher engaged for a whole 
 year exclusive of vacations, and a proportionate amount of 
 such sum of |200 at least, where an assistant teacher is 
 engaged for pix months or longer. 
 
 (3) Where such assessed value is less than an average 
 assessment of |30,000 for each public school section in any 
 township:, the municipal council of such township shall 
 
51 
 
 levy and collect as aforesaid tlie sum of |150 at least for 
 every public school where a teacher or principal teacher is 
 engaged for a whole year exclusive of vacations, and a pro- 
 portionate amount of said sum of |150 at least where a 
 teacher or principal teacher is engaged for six months or 
 longer; and an additional ^um of at least |100 for every 
 assistant teacher engaged for a whole year exclusive of 
 vacations, and a proportionate amount of such sum of |100 
 at least, where such assistant teacher is engaged for six 
 ]nonths or longer. 
 
 (4) The sums so levied and collected by the council of the ofPfoJ^nship 
 township shall, after the expiration of the present calendar grant to 
 year, be applied exclusively to teachers' salaries. salaries. 
 
 (5) In addition to the sum provided by the township Amounte to 
 council towards each teaeher's salary, the trustees of every trustees to- 
 rural school section shall, in the cases hereinafter men- ^li^es*^^^®" 
 tioned, pay annually, after the expiration of the current 
 calendar vear, to the teacher, where there is only one, and 
 
 to the principal teacher where there are more teachers 
 than one, at least the sum hereinafter mentioned (subject 
 only to a proportionate reduction in case the whole year's 
 salarv does not become due), that is to say: 
 
 (a) |200 where the assessed value of the taxable pro- 
 perty of the public school supporters in the 
 section is at least |200,000 ; 
 
 (6) |150 where such assessed value is at least |150,000 
 but less than |200.:,000; 
 
 (c) |100 where such assessed value is at least f 100,000 
 
 but less than 1150,000; 
 
 (d) |50 where such assessed value is at least |50,000, 
 
 but less than |100,000; 
 
 (e) |25 where such assessed value is at least |30,000; 
 
 but less than |50,000 : 
 
 And 1100 to every assistant teacher, whatever such assessed 
 value is. 
 
 The said trustees m making their annual estimates and 
 requisitions for school moneys to be levied and collected 
 from the ratepayers, shall include whatever amount, con- 
 sidering their other sources of income, is necessary to pro- 
 vide for such payment or payments. 
 
 (6) The public school inspector shall have power to, and SCleV^ 
 shall, suspend the certificate of any teacher in a rural Joi^accepting 
 school who agrees to accept a salary of less amount than is 
 
 herein provided for, or who by rebate, deduction, donation, 
 or other subterfuge accepts a less amount in settlement of 
 his or her claim for salary. The inspector shall forthwith 
 
52 
 
 Rates for 
 teachers' 
 salaries in 
 union school 
 sections. 
 
 report such suspension to the Minister of Education.;, and 
 the suspension shall be continued or dealt with as the 
 Minister deems expedient. 
 
 In case the full amount of the salary provided for herein 
 shall not be paid to any teacher by the trustees of a rural 
 school, or if by rebate, deduction, donation or other sub- 
 terfuge, any such teacher accepts a less amount in settle- 
 ment of his or her salary the difference between the said 
 full amount provided for herein and the less sum so paid 
 or accepted as aforesaid, shall be deducted by the township 
 treasurer, on the order of the public school inspector, from 
 the amount payable by the township council to the said 
 trustees under subsection 2 or 3 (as the case may be) of 
 this section, and by said treasurer divided equally amongst 
 the other school sections of the township. 
 
 (7) In the case of a union school section formed of parts 
 of different townships, the sums herein provided to be levied 
 and collected from the ratepayers by township councils 
 shall be levied and collected as aforesaid by the several 
 councils out of the taxable property of the public school 
 supporters of such union school section, each in the pro- 
 portion which such taxable property within its jurisdic- 
 tion bears to'tlie taxable property of public school support- 
 ers in the whole union section. 
 
 (8) In the case of a union school section formed of parts 
 of different townships, the sums mentioned in subsection 2 
 of this section shall be paid by the respective township 
 councils in proportions to be fixed in accordance with the 
 provisions of section 54 of this Act. 
 
 ^mSSply-* (^) Wh-en any portion of the salary of any teacher in a 
 able by county rural school f or any reason does not become payable or is 
 owns ip. ^,jj-jjjjg|j from such teacher in accordance with the terms 
 of this Act, the sums payable respectively by the county, 
 the township or townships, and the ratepayers, on account 
 of such salary, shall abate:, in the proportions in which they 
 were respectively liable for the whole. 
 
 re^uiiSdfto (10) All monevs hereby required to be levied and col- 
 
 pai?over^as^^ Iccted and applied to the salaries of teachers shall be paid 
 required. fo the treasurers of the respective public school boards 
 from time to time as may be required by the school trus- 
 tees. 
 
 Township 
 grants to 
 union school 
 sections . 
 
 Apprtionment 
 in united 
 counties. 
 
 (11) The county council of two or more counties united 
 for municipal purposes may apportion the amount to be 
 levied for public school pur]20ses so that each county form- 
 ing such union shall be liable only for sums payable in 
 respect of public schools within such county. 
 
 c.39, s'. 71, ■' 40. Subsection 1 of section 71 of the said Act is hereby 
 Amended. amended by inserting after the word ''property" in the 
 
63 
 
 second line thereof the words **of the public school sup- 
 porters" and by striking out all the words in the said sub- 
 section after the word * 'expenses'' in the eighth line there- 
 of. 
 
 il. — (1) Subsection 1 of section 74 of the said Act isl^^^-JJl 
 hereby amended by inserting after the word * 'purchase" subs* i," 
 in the second line thereof the words ''or enlargement." *™®° ® 
 
 (2) Subsiection 2 of section 74 of the said Act is l^^reby i E^dw^ vii. 
 amended by inserting after the word "municipality" where subs.' 2.' 
 it first occurs in the sixth line thereof the words "'Such ^°'^"^^^- 
 application must be sanction-ed by the ratepayers of the 
 union school section in the manner set forth in the preced- 
 ing subsection," and by inserting after the word "form- 
 ing" in the sixth and seventh lines thereof the words "or 
 any portion or portions of which form," and by adding at 
 the end thereof the following paragraph: "The propor- 
 tion of the moneys payable under said debentures by each 
 of the said municipalities shall be payable out of the tax- 
 able property therein lying within the said union school 
 section." 
 
 4-2. Subsection 1 of section 76 of the said Act as enacted lEdw- vii. 
 by section 5 of the Act passed in the third year of His subs! 1, ' 
 Majesty's reign, chaptered. 32, is hereby amended by in-*"^®° 
 serting after the word "purchase" in the fourth lin-e there- 
 of the words "or enlargement," and by inserting after the 
 word "thereto" in the fifth line thereof the words '*or re- 
 pairs or improvements of the school property." 
 
 43. Section 78 of the said Act is hereby amended by lEdw.vii.. 
 striking out all the words thereof after the word "for" in amended.' 
 the 7th line thereof, and inserting in place thereof the 
 
 words following: "any one or more of the following pur- 
 poses : the purchase or enlargement of a school site, the 
 erection of a school house, or any addition thereto, or the 
 erection of a teacher's residence, or any addition thereto, 
 and any sum so borrowed shall be applied only to the pur- 
 pose or purposes for which it was borrowed." 
 
 44. Subsection 3 of section 80 of the said Act is hereby 1 Edw. vii., 
 amended by adding thereto the following: "or when ^^^i^sj^s.'^' 
 any reason his engagement has ceased." *™^° 
 
 45._(1) Subsection 1 of section 83 of the said Act isi^dw-vn.- 
 hereby amended bv inserting after the word ''q^alifica-s'^l^^^^ 
 tion"'^in the seventh line thereof the words : "and actually 
 engaged in teaching having had at least three years' experi- 
 ence as a teacher in one or more of the public or separate 
 schools of the Province." 
 
 1 Edw. VII. 
 
 (2) Subsection 5 of said seciion 83 is hereby repealed. c^g. s- 83. 
 
 repealed. 
 
54 
 
 1 Edw. VII., 
 C. 39, S. 86, 
 subs, 3-6, 
 repealed. 
 
 46. Subsections 3, 4, 5 and 6 of section 86 of the said 
 Act are hereby repealed and the following subsections sub- 
 stituted therefor : 
 
 County (3) The municipal council of each county shall appoint 
 
 appointment One OP more public school inspectors for such county. 
 
 ® ' The number appointed shall be such that no inspector 
 
 shall have charge of more than one hundied and forty 
 
 schools or departments^ with separate registers, or less than 
 
 fifty, except as hereinafter provided. 
 
 Limit of (4) When more than one inspector is appointed for any 
 
 sctSois^inder county, the county council shall prescribe and number the 
 each inspector, territorial divisions of each, in such manner that no in- 
 spector shall have charge of more than one hundred and 
 twent-9 or less than fifty s'^hools except as hei«iinafter pro- 
 vided. The council may change or remove the inspectors 
 from one division of the county to another whenever they 
 deem it expedient. 
 
 (5) .Each inspector shall have charge of all the public 
 schools of any town not separated, from the county in the 
 district to which he has been appointed ; but this shall only 
 apply to the towns referred to in subsection 9 of this sec- 
 tion when the office of inspector in such towns becomes 
 vacant. 
 
 Towns not 
 separated 
 from the 
 county. 
 
 Limit where 
 French or 
 German < 
 
 {>revailing 
 anguage. 
 
 Appoi 
 
 of inspectors 
 for each elec- 
 toral division. 
 
 (6) In a county containing any municipality wherein 
 the French or German language is the common or prevail- 
 ing language, the inspector in whose division such muni- 
 cipality lies may have charge of less than fifty schools but 
 not less than forty. 
 
 (6a) Notwithstanding anything hereinbefore contained, 
 in any county divided into electoral divisions, the county 
 council may in its discretion appoint an inspector for each 
 or any of the said divisions and in such case the inspector 
 appointed to any electoral division may have charge of 
 all the public schools therein whatever their number, ex- 
 cept in cities or towns separated from the county:, or in the 
 towns referred to in subsection 9 of this section while the 
 present inspectors continue in office in said last mentioned 
 towns, but as soon as such last named inspectorships be- 
 come vacant the inspectors appointed by the council as 
 aforesaid shall take charge of the schools in such last men- 
 tioned towns. 
 
 lEdw. vii., 47. Subsection 8 of section 86 of the said Act is hereby 
 subs.'!:^' repealed and the following substituted therefor: — 
 repealed. 
 
 Remuneration (8) The county council shall pay in equal quarterly m- 
 fns^ectore. stalments to every county inspector, the annual sum of |6 
 for each teacher occupying a separate room with a sepa- 
 rate register, and such additional sum as it>deems reason- 
 
65 
 
 able for travelling expenses, which additional sum shall 
 never be less than $150 per annum, with |1.50 added for 
 each school under his charge exceeding 50 in number. The 
 county council shall also pay to every county inspector his 
 reasonable expenses for postage and stationery, and in 
 case of dispute the amount thereof shall be settled by the 
 county judge, upon the application of the inspector or of 
 the said council, and the decision of the said county judge 
 shall be final. 
 
 iS. Subsection 10 of section 86 of the said Act isiEdw. vii., 
 hereby repealed and the following substituted therefor: — subslibf^' 
 
 repealed 
 
 (10) Out of any sum of money appropriated by the Remuneration 
 Legislature for that purpose, the sum of |800 shall be paid 
 as the Lieutenant-Governor in Council may direct, towards 
 the salary of every county inspector, and the sum of S5 Maximum 
 for every teacher occupying a separate room with a sepa-saia^of 
 rate register shall be paid, as the Lieutenant-Governor in inspectors. 
 Council may direct, to the school board of every city or 
 town separated from the county, towards the payment of. 
 the salary of the inspector of such city or town. 
 
 49. Subsection 12 of section 86 of the said Act is hereby i Edw^- vii.. 
 amended by inserting after the word ''or" in the *^^^^ a^|-^J|'(j 
 line thereof the words ''subject to the approval of the^""®"^®' 
 Lieutenant-Governor in Council," and by striking out the 
 
 words "or without cause by a vote of two-thirds of such 
 council or board'^ in the fourth and fifth lines thereof. 
 
 50. Subsection 3 of section 8T of the said Act is hereby i Edw. vii.. 
 amended by adding thereto the following as paragraph subs! 3 ' 
 
 «): 
 
 "(e) The inspector shall not, however:, withhold his 
 order for the amount apportioned from the legis- 
 lative or municipal grant, nor shall the teacher's 
 salary be withheld by reason of any school being 
 kept open 'for less than six months of the year 
 when such school has been closed by order of the 
 health officer on account of any contagious dis- 
 ease or diseases." 
 
 51 Subsection T of section 93 of the said Act is hereby j ^d^, yii., 
 amended bv striking out the figures "87" where they occur J^39. s. 93. 
 in the second and third lines thereof and substituting there- amended, 
 for the figures "91" and by strikingr out the figures 89 
 in the fourth line thereof and substituting therefor the fig- 
 ures "93." ' 
 
 52. Subsection 3 of section 95 of the said Act "is hereby lEdw^vii., 
 amended bv striking out the word "any" i^.^^^^P*^ ^^^^ Bubs'.a. ' 
 thereof and substituting therefor the word "the" and by amended. 
 
56 
 
 inserting after the word "trustees" in the said fifth line the 
 words "of the last named section" and by inserting after 
 the word "remit" in the said fifth line the words "the 
 w^hole or any part of the said rates, not exceeding the 
 amount of." 
 
 1 Edw. VII. 
 c. 39, s. 95, 
 subs. 5, 
 amended. 
 
 53. Subsection 5 of section 95 of the said Act is hereby 
 amended by striking out the last two words in the fourth 
 line thereof and the first word of the fifth line thereof, 
 and by inserting after the word "purposes" in the sixth 
 line thereof the words: "or so much thereof." 
 
 1 Edw. VII., 
 c. 39, s. 98, 
 subs. 3, 
 amended. 
 
 64-. Subsection 3 of section 98 of the said Act is hereby 
 amended by inserting after the word "thereto" in the 
 sixth line thereof the following: "He snail also certify 
 under his hand to the Minister of Education a true copy 
 of the said summons, statement of claim, proceedings, evi- 
 dence, judgment and objections," and by striking out the 
 word, "hereinafter" in the sixth line thereof and" sub- 
 stituting therefor the word "hereinbefore." 
 
 1 Edw. VII. 
 C. 39, 8, 98, 
 subs. 4, 
 amended. 
 
 55. Subsection 4 of said section 98 is hereby amended by 
 striking out all the words therein from the commencement 
 thereof down to and including the word "thereto" in the 
 sixth line thereof. 
 
 1 Edw. VII. 
 c. 39, 8. 101, 
 amended. 
 
 66. Section 101 of the said Act is hereby amended by 
 striking out the words "for its use" at the end thereof, and 
 substituting therefor the words "and applied by them to 
 school purposes." 
 
 1 Edw. VII. 
 C. 39, s, 104. 
 amended. 
 
 57. Section 104 of the said Act is hereby amended by 
 inserting after the word "the" in the fifth line thereof the 
 words "municipality or" and by inserting after the word 
 "and" in the sixth line thereof the words "except in casess 
 falling within the provisions of subsection 2 of section 62 
 of this Act." 
 
 1 Edw. VII., 
 c. 39, s. 105, 
 amended. 
 
 1 Edw. VII. 
 c. 39. s. 106, 
 amended. 
 
 68. Section 10e5 of the said Act is hereby amended by 
 striking out the word "may" in the tenth line thereof and 
 substituting therefor the words "shall on proof of the 
 facts" and by inserting after the word "and" in the 
 eleventh line. thereof the words : "except in an urban muni- 
 cipality when the trnstees notifv him that they have 
 decided to allow the office to remain vacant pursuant to 
 the provisions of subsection 2 of section 62 of this Act, 
 shall " 
 
 69. Section 106 of the said Act is hereby amended bv 
 insertincr after the word "publication" at the end of the 
 fourth line thereof the words ^'in which any advertise- 
 ment is inserted in the regular course of business or." 
 
57 
 
 60. Section 113 of tlie said Act is hereby amended by i Edw. vii. 
 striking out all the words in the eip^hth line thereof after amended!'' 
 the word ''by" and inserting in place thereof the words: 
 "the public school corporation or any ratepayer or rate- 
 payers interested therein suing on behalf of himself or 
 themselves and all other ratepayers of the school section or 
 municipality interested therein." 
 
 61.— (1) Subsection 2 of section 115 of the said Act i« i.^39,1 ns.' 
 hereby amended by inserting after the word "order" i^ l^end d 
 the second line thereof the words "or a true copy therof.*' 
 
 (2) Subsection 3 of said section 115 is hereby amended bj* c. 39,\ 115, 
 inserting after the word "appointed" in the first line l^l^ded. 
 thereof the words "or at a time and place to which the ap- 
 plication may then in the discretion of the judge be 
 adjourned." 
 
 (3) Subsection 4 of said section 115 is hereby aniended J^^\y/,^" 
 by adding thereto the following paragraph : "It is shall l>e I'^ij^^,^^ 
 competent, however, for the judge, upon proof that such 
 person has done all in his power and it has become impos- 
 sible for him to deliver up, account for or pay over the 
 books, papers:, chattels or moneys aforesaid in manner 
 aforesaid, to order his discharge on such terms or conditions 
 
 as may appear just." 
 
 62. Section 116 of the said Act is hereby amended Iby J Kdw- vii.. 
 inserting after the word "ratepayer" in the last line there- amended. ' 
 of the words "any trustee, secretary or treasurer so refus- 
 ing." 
 
 63. Subsection 1 of section 121 of the said Act is hereby J.^g^;^^ y2\^;' 
 amended by inserting after the word "shall" in the third |^|;^i^.^^ 
 line thereof the words "sell or." 
 
 AN ACT TO AMEND THE DEPARTMENT OF EDU- 
 TION ACT. 
 
 Assented to 20th April, 1907. 
 
 HIS MAJESTY, by and with the advice and consent 
 of the Legislative Assembly of the Province of On- 
 tario, enacts as follows: — 
 
 1. Section 3 of The Department of Education Act '^^l^^^^J^^- 
 amended by striking out the words "Ontario Normal Col- amended, 
 leo-e" in the fifth and sixth lines and inserting therein jurisdiction of 
 after the word "Libraries" in the sixth line the words ^«p-^^-^°^- 
 "travelling libraries, summer and vacation schools, school 
 cadet corps." 
 
58 
 
 c^2^^sy"" ^- Subsection 4 of section 4 of tlie said Act is amended 
 subs! 4. ' by adding at the end thereof the words ^'and for the pre- 
 paration of school plans and specifications/' 
 
 6 Edw. VII., 
 c. 52, s. 4, 
 subs. 6, 7, 
 repealed. 
 
 Aflaiiating 
 other institu- 
 tions with 
 universities. 
 
 Accepting 
 courses in 
 faculty of 
 education for 
 professional 
 training. 
 
 3. Subsections 6 and 7 of section 4 of the said Act are 
 repealed, and the following substituted therefor : 
 
 (6) For affiliating with the Universities or the Normal 
 
 schools such Collegiate Institutes, High Schools, 
 Public Schools or Separate Schools as he may- 
 deem necessary for practical instruction in the 
 art of teaching ; 
 
 (7) For accepting such courses and examinations of 
 
 the Facultv,of Education of an Ontario Uni- 
 versity as he may deem adequate for the pro- 
 fessional training of first-class teachers and 
 High School assistant teachers. 
 
 c.M.'^s.L"' 4. Subsections 1, 2, 3, 4, 5, 6, 7, and 8 of section 23 of 
 repealed *^® ^^^^ ^^^ wxre repealed and the following subsections 
 
 substituted therefor: 
 
 Duties of 
 Minister. 
 
 Apportionment 
 of grant for 
 Urban Schools. 
 
 Division 
 between Public 
 and Separate 
 Schools. 
 
 Apportionment 
 or grant for 
 rural schools. 
 
 (1) To apportion all sums of money, voted by the Leg- 
 
 islative Assembly as a general grant for Urban, 
 Public and Separate Schools among the s-everal 
 cities, towns and incorporated villages accord- 
 ing to the population of each as compared with 
 the population of all the urban municipalities 
 in the Province according to the last annual 
 returns received from municipal clerks. 
 
 (2) To divide the amount so apportioned to each city, 
 
 town and incorporated village between the Pub- 
 lic and Separate Schools therein according to 
 the average number of pupils attending such 
 schools respectively during the next preceding 
 calendar year, or during the number of months 
 which may have elapsed from the establishment 
 of a new Public or Separate School as compared 
 with the whole average number of pupils at- 
 tending school in the same city, town or village, 
 and to pay the money so apportioned to the 
 Public Schools of each city, town and incorpor- 
 ated village to the municipal treasurer thereof, 
 and the money so apportioned to the Separate 
 Schools direct to the Separate School Trustees 
 concerned on or before the first day of July in 
 each year as the Lieut-enant-Governor in Coun- 
 cil may direct. 
 
 (3) Subject to the regulations of the Department of 
 
 Education, to apportion all sums of money 
 voted by the Legislative Assembly as a general 
 
59 
 
 grant for the rural Public and Separate Schools 
 in the^ organized counties and districts amongst 
 said rural schools in the organized counties and 
 in the districts respectively on the basis of the 
 salaries paid to the teachers, the value of the 
 equipment, the character of the accommoda- 
 tions, the grade of the teachers' professional 
 certificates, and the amount of the assessments. 
 
 (4) The grant for the rural Public and Separate Schools when grants 
 
 in the organized counties shall be payable on JJ^J^JJ^^^^hoois 
 or before the first day of August, as the Lieuten- 
 ant-G^overnor 'in Council m^y direct, to the 
 treasurer of each county, and through him (ex- 
 cept when the county treasurer acts as sub- 
 treasurer also) to the various township treas- 
 urers of the county, for payment to the respec- 
 tive Boards of Rural Public and Separate School 
 Trustees upon the warrants of the Public or 
 Separate School Inspectors concerned. 
 
 (5) Subject to the Regulations of the Department of Grants for 
 
 Education, the grants for the Rural Public and S be payable 
 Separate Schools in the districts shall be pay- ISstriments. 
 able in two instalments direct to the respective , 
 
 boards of trustees as the Lieutenant-Governor 
 in Council may direct; the first instalment on 
 or before the first day of August, and the sec- 
 ond on or before the first day of December. 
 
 (6) Under the provisions of such regulations as may Apportionment 
 
 be made by the Department of Education, to o^ &rant-^ m^ 
 apportion to Public and Separate School Boards 
 in poor rural districts:, and to the residents of 
 lumber, mining, and oth-er settlements all sums 
 of money voted by tTie Legislative Assembly for 
 teachers' salaries to Public and Separate School 
 Boards in poor rural districts, and for such 
 other school purposes as the Minister of Edu- 
 cation may consider expedient. 
 
 5. Subsection 10 of section 23 of the said Act is repealed 6 Edw^ vii., 
 and the following substituted therefor : subs'. i6 
 
 repealed. 
 
 aO) Subject to the Regulations of the Department of ^j^^^^,^^ 
 Education, to apportion out of any grants made of grant made 
 bv the Legislative Assembly for such purposes, schools, 
 all sums payable under any Statute or regula- 
 tion of the Department in that behalf towards 
 the maintenance of Faculties of Education in 
 any of the Fniversities, the Normal Schools or 
 other Schools or Institutes for the Training of 
 Teachers, Continuation Classes, Consolidated 
 
60 
 
 Schools, TecKnical Schools, Manual Training 
 Departments, Household Science Departments, 
 Instruction in Agriculture, School Gardens, 
 Kindergartens;, Night Schools, Public Libra- 
 ries, Art Schools, Inspection of Schools, the 
 Examination of Teachers, and all other Inci- 
 dental Departmental Expenses ; also to appor- 
 tion under the provisions of such regulations as 
 may be made by Order-in-Council all sums of 
 money voted by the Legislative Assembly for 
 aiding Public and Separate School Boards in 
 rural districts to furnish text-books free of cost, 
 and for paying the Public and High School 
 Boards sums in aid of cadet corps, which have 
 been established accordinor to the Regulations 
 of the Department of Education. 
 
 6Edw. VII., 
 C. 62, 8. 23, 
 amended. 
 
 Accepting 
 other qualifi- 
 cations in lieu 
 of department- 
 al examina- 
 tions. 
 
 6. The said section 23 is amended by inserting therein 
 the following subsection : 
 
 10a. To accept in lieu of the Departmental Examina- 
 tions such evidence of Academic Scholarship or 
 professional training or experience as he may 
 deem equivalent to what is prescribed for teach- 
 ers' certificates. 
 
 SSSstenV""" '^' ^^^ ^^*s ^^^ P^^*s of Acts heretofore enacted by the 
 enactments. Legislative Assembly of the Province of Ontario, in so far 
 
 as they are inconsistent with the provisions of this Act, are 
 
 repealed. 
 
 AN ACT TO AMEND THE PUBLIC SCHOOLS ACT. 
 
 A.ssented to 20th April, 1907. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of On- 
 tario, enacts as follows: — 
 
 1 Kdw. VII., 
 c. 39, s. 6, 
 amended. 
 
 Right of 
 immigrant 
 children to 
 attend schools. 
 
 1. Section 6 of The PvhJic Schools Act is amended by 
 addincr thereto the following, as subsection 2 : 
 
 (2) Every corporation, society, agent or person having 
 the custody of any child heretofore or hereafter 
 brought into the Province of Ontario, shall be 
 entitled to send such child to the Public or 
 Separate School of the muncipality or school 
 section in which the child resides, as if he were 
 the child of a ratepayer in such municipality or 
 school section ; and every such corporation, 
 society, agent or person having the custody of 
 
61 
 
 such child' shall be subject to the Acts respect- 
 ing truancy and compulsory attendance at 
 school, and to the penalties imposed by such 
 Acts in the same manner and to the same extent 
 as any ratepayer. 
 
 2. Section 8 of the said Act is amended by adding there- i Ed w. vii.. 
 to the following as subsection 7 : — amended'. 
 
 (7) AVhere the Board of Trustees of a union school sec- continuation 
 tion establishes continuation classes in the union to be levied 
 school, or joins with one or more other Boards ^^^" 
 of Trustees in establishing such classes as here- 
 ^ inbefore provided, the Municipal Council of 
 each municipality having a whole or part of 
 its territory within the union school section 
 •shall levy and collect upon the taxable pro- 
 perty of such union school section its jurisdic- 
 tion, its proper share of the expense of estab- 
 lishing and maintaining the said continuation 
 classes accordng to the equalized assessment of 
 * each portion of the said union school section in 
 
 the respective municipalities. 
 
 3. Subsection 5 of section 12 of the said Act as amend- lE^dw.vii., 
 ed by section 9 of the Act passed in the sixth year of His subs'. 5', '' 
 Majesty's reign, Chaptered 53, is further amended by amended, 
 striking out the words ''the formation of such section" in 
 
 the sixth line of said section 9 and inserting in lieu thereof 
 the words ''time for appealing against the by-law forming 
 such section has expired or after the final disposition of 
 the appeal, if any," and by adding at the end of the said 
 subsection the words "at any time after a Board of Trus- 
 tees has been elected, they may take the proper steps under 
 the provisions of this Act to raise funds for and purchase 
 a school site and erect school buildings." 
 
 4. vSection 16 of The Public Schools Act is amended byiEdw.vii., 
 adding the following as subsections 2 and 3: — amended.' 
 
 (2) Where after the resignation of a rural School tfus- Trustee res^gn- 
 tee he has continued to act for three months without histinuingto 
 right to do so being called in question by proceedings to *'''• 
 vacate his seat, or for the holding of a new election, ^ he 
 shall be deemed to have continued to be a trustee notwith- 
 standing his resignation, and shall hold office for the re- 
 sidue of the term for which he was elected. 
 
 (3) The 'preceding subsection (2) shall apply retrospec- 
 tively. 
 
 . 5. Section 21 of the said Act is amended by adding at lEdw^. vii.. 
 the end thereof the following: amended.' 
 
lEdw. VII. 
 C. 39, s. 25, 
 subs. 5, 
 amended. 
 
 62 
 
 "Aud the TownsLiip Council shall pay to the trustees 
 ''of such rural school section their actual dis- 
 ''bursements for the maintenance of their pupils 
 *'at, and the transportation of their pupils to 
 •''and from the school they attend, not exceeding 
 "the minimum sum required by subsections 2. 
 "3 and 4 of section TO of this Act, to be levied, 
 "collected and applied to teachers' salaries in 
 "school sections where the schools are main- 
 "tained. 
 
 "The said trustees shall also be entitled to receive such 
 "share of the legislative and county grants as 
 "may be determined by the Minister of Educa- 
 "tion in case the amount received from the 
 "Township Council is not sufficient to cover the 
 "said actual disbursements." 
 
 6. Subsection 5 of section 25 of the said Act is amended 
 by adding at the end thereof the words : 
 
 "and may at any time after their election take the 
 proper steps in accordance with the provisions of 
 this Act, to raise funds for and' purchase a 
 school site and erect school buildings." 
 
 VII., 
 
 lEdw 
 c. 39, 
 amended 
 
 Collection of 
 arrears of 
 taxes in un- 
 organized 
 territory. 
 
 SherifT to 
 enter particu- 
 lars in book. 
 
 Payments of 
 arrears there- 
 after. 
 
 7. The Public Schools Act is further amended by insert- 
 ing therein the following as section 29a: — 
 
 29a. — (1) Every collector shall, on or before the first day 
 of June in the year following the year in which any school 
 rate becomes due and payable in an unorganized township 
 in a Provisional Judicial District, make a return to the 
 sheriff of the district, showing each lot or parcel assessed, 
 upon which the school rates have not been fully paid, the 
 name of the person assessed as owner or occupant and the 
 amount of school rates chargeable against the lot or parcel 
 and in arrears at the date of such return with the year for 
 which the rates so in arrear were imposed. 
 
 (2'l The sheriff shall ^ter in the book to be kept by him 
 for' that purpose the particulars furnished by the collector 
 as aforesaid. 
 
 (3) The collector shall not receive any payments on ac- 
 count of school rates so in arrear after the expiration of 
 two years from the date when the same became due and 
 chargeable, but in the case of payments made before the 
 expiration of the period of two years the collector shall 
 forthwith notify the sheriff thereof and the sheriff shall 
 enter such paymejit against the proper lot or parcel in the 
 book to be kept by him for the purpose. After the expira- 
 tion of the said period of two y-ears all such arrears shall 
 be payable to the sheriff and the sheriff shall enter such 
 
payment m the book kept by bim as aforesaid and shall 
 return the amount so paid to the secretary-treasurer of the 
 Public School Board. 
 
 (4) Whenever it appears from the entries in the book to saie of land 
 be kept by the sheriff as aforesaid that any school rate ig ^°^"'^^*'^- 
 in arrear for three years from the 31st Jay of December in 
 the year in which the same became payable the sheriff shall 
 proceed to collect the same by the sale of the lands assessed 
 and the procedure in relation to such sale and the provi- 
 sions api^licable to deeds, the redemption of lands there- 
 after and deeds to be given to the tax purchasers shall be 
 the same as nearly as possible as in the case of the sale of 
 lands by the sheriff for arrears of taxes in organized muni- 
 cipalities in a Provisional Judicial. District. 
 
 8. Subsection 1 of section 37 of The Public Schools ^c^l^i^^\f'^ 
 is amended by adding at the end thereof the following subs^ |' ' 
 words : 
 
 amended . 
 
 ''Unless a suitable school site cannot be obtained at 
 such a distance, and in case of dispute under 
 this subsection as to the loca-^ioH of a school 
 site, the matter shall be referred to the County 
 Judge, whose decision shall be final and shall 
 not be subject to appeal." 
 
 9. Section 41 of the said Act is amended by inserting ie^w. vii., 
 after the word ''years" in the fifth line of paragraph 3 of J^^g^^^J^^j^i' ' 
 the said section the wo»rds : 
 
 "except a by-law to consolidate two or more sections 
 for the purpose of providing a central school 
 which shall, unless set aside as aforesaid, re- 
 main in force for a period of at least three 
 years," and 
 
 By inserfing after the word "effect" in the second line 
 of paragraph 3 of section 41, the words "except as herein 
 otherwise provided." 
 
 10. Subsection 3 of section 42 of the said Act is amended i jdw. vii., 
 by inserting the words "except as herein otherwise provid-J^^^- 1-*2, 
 ed" after the word "effect" in the ninth line. amended. 
 
 11. Section 42 of the said Act is amended by adding lEdw. vit., 
 thereto the following as subsection 6 : amendV.^* 
 
 (6) In any judicial or territorial district the appeal Appeals as to 
 shall be to a Board of three arbitrators, which schJoi 
 shall be composed of the Senior District Judge, -"ndrstrict?. 
 or some person appointed by him for that pur- 
 pose, the Public School Inspector and some per- 
 son appointed by the Township Council. The 
 
64 
 notice of appeal shall be given to tlie Clerk of 
 the Township, the Public School Inspector, and 
 the said Senior District Judge. The Township 
 Council at its first meeting after service of such 
 notice upon the Township Clerk, shall appoint 
 an arbitrator to be a member of the said Board, 
 and the Clerk of the Township shall forthwith 
 notify the Public School Inspector of such ap- 
 pointment. 
 
 The said Senior District Judge shall, upon receipt of 
 the notice of appeal, notify the Public School 
 Inspector of his willingness to act as arbitrator 
 as aforesaid, or shall appoint some person to act 
 in his stead, and notify the Public School In- 
 spector of such appointment. 
 
 When the Board of Arbitrators is complete the Senior 
 District Judge, or his said appointee, shall con- 
 vene the first meeting of the Board, and shall be 
 chairman thereof. All the provisions of the 
 preceding subsections of this section shall, so 
 far as they are applicable, be binding upon the 
 said Board of Arbitrators and upon all parties 
 concerned. 
 
 lE^w^vii., 12. Subsection 4 of section 45 of the said Act as enacted 
 6Edw.vii., by section 29 of the Acts passed in the 6th year of His 
 amended^' Majesty's reign. Chaptered 53, is amended by adding the 
 following paragraph : — 
 
 Jurisdiction of 
 County or 
 District Judge. 
 
 ''Provided, however, that if such question arises touch- 
 'ing any arbitration or award to which the 
 County or District Judge has been a party, 
 ''the said summary application shall be heard 
 ''and determined by the Judge of the adjoin- 
 ing County or District having the largest 
 'population according to the last Dominion 
 
 1 Edw. VII. 
 C. 39, 8. 46, 
 subs. 10, 
 amended. 
 
 13. Subsection 10 of section 46 of The Public Schools Act 
 is amended bv inserting after the word "effect" in the first 
 line the words "except as herein otherwise provided," and 
 by adding at the end of the said subsection the words "but 
 the Trustees may at any time after their election take the 
 proper steps in accordance with the provisions of this Act 
 to raise funds for and purchase a school site and erect 
 school buildings." 
 
 lEdw. VII., 
 C. 39. 8. 65, 
 subs. 5, 
 amended . 
 
 14. Subsection 5 of section 65 of the said Act is amended 
 by adding thereto the following: — 
 
 "In any of the Districts, subject to any appeal to the 
 "Minister of Education, the Public School In- 
 "spector may determine the length of time, 
 
65 
 
 ''wliicli shall not be less than six months, dur- 
 *'mg which a school shall be maintained each 
 *'year, and it shall be the duty of the trustees 
 **to maintain such school during the whole of 
 '*the time so d-etermined." 
 
 15. Section 65 of the said Act is amended by adding lEdw. vii. 
 thereto the following as paragraphs 14, 15 and 16 : Smended.^' 
 
 (14) To provide in their discretion and pay for dental i>uties and 
 
 and medical inspection of pupils. Trustee?. 
 
 (15) To permit the school house and premises to be 
 
 used for any educational or other lawful pur- 
 pose which, in their discretion, they think 
 proper, providing the proper conduct of the 
 school is not interfered with. 
 
 Q6) Subject to the regulations of the Department of 
 Education to establish, conduct and maintain 
 free evening lectures to the citizens at large, 
 and in such case to include in their estimate for 
 the current year the expense thereof which shall 
 be treated as part of the expenses of the school 
 or schools under their charge. 
 
 16. Section 68 o'f the said Act as enacted by section 38 
 of the Act passed in the sixth year of His Majesty's reign, 
 Chaptered 53, is amended by inserting therein the two fol- 
 lowing subsections as subsections 2a and 26 : — 
 
 "2a. A notice for lands, as aforesaid, may be desisted 
 from at any time before any evidence is taken 
 as to the value of the said lands, before the 
 arbitrators appointed under this section, and in 
 such case a new notice may be given with re- 
 gard to the same or other lands to the same or 
 any other owner, but in such case the School 
 Board or Beard of Education giving the notice 
 so desisted from, shall pay to the owner to whom 
 such notice was given, all damages and costs 
 by him incurred in consequence of such notice 
 having been given • provided, however, that the 
 right of desistment' shall not be exercised more 
 than once." 
 
 ''2b. Where the notice provided for in subsection 2 
 of this section has been registered^ in the re- 
 gistry office of the urban municipality in which 
 the land is situated, the notice of desistment 
 may be similarly recorded, and such registra- 
 tion shall cancel the notice so recorded and be 
 a notice to 'all persons whomsoever that the ex- 
 propriation proceedings under the said first 
 named notice have been desisted from." 
 
 5 S.A. 
 
66 
 
 c.^39^8.^9!' 17. Section 69 of the said Act is repealed and the follow- 
 
 repeiied. ^^g substituted theref or : — 
 
 encouragement , 69. (1) Every Urban School Board shall have power to 
 tra?nmg°*^ expend such sums as they may deem expedient in 
 
 promoting and encouraging gymnastics and 
 other athletic exercises provided such sums shall 
 not exceed two hundred dollars per annum when 
 the annual registered attendance of pupils does 
 not exceed 3,000 and .1^50 additional for each 
 additional thousand in attendance. 
 
 (2) Such Board may also provide uniforms for classes in 
 
 military drill. 
 
 (3) Where a Board of Education has been established 
 
 in any city or toT^ni, the allowance for games to 
 High Schools and Public Schools may be con- 
 solidated, and games for the High Schools and 
 Public Schools held on the same day. 
 
 0.^3978.^71,' 1^- Subsection 1 of section 71 of the said Act is amended 
 aubs.'i, ' by adding thereto the following paragraphs: — 
 
 A.nnuai **Every Municipal Council shall annually account for 
 
 accounts. **all monies collected under any rate for Public 
 
 **School purposes. In urban municipalities such 
 "accounts shall be rendered on demand to the 
 "Board of Education or to the Board of School 
 "Trustees. In rural municipalities the account 
 "for each school section shall be rendered on 
 "demand to the Secretary of the school section." 
 
 "In case the Municipal Council at any time has col- 
 "lected from the Public School supporters of 
 "any municipality or school section any sum in 
 "excess of the sums disbursed on account of the 
 "Public School or schools within such muni- 
 "cipality or school section, the sums so in ex- 
 "cess shall be credited to the Board of Educa- 
 "tion or the Board of School Trustees on whose 
 
 "account such excess has be^n collected." 
 
 « 
 
 lEdw.vii., 19. Subsections 1, 2, 3, 4, 5 and 6 of section 70 of the 
 Subs! W^' said Act, as enacted by section 39 of the Act passed in the 
 repealed. q^^ y^^^. ^f ^^^ Majesty's reign, Chaptered 53 is repealed, 
 and the following substituted therefor : — 
 
 Amount to be 70 (1) The Municipal Council of every organized county 
 
 SSyHor sEall levy and collect by an equal rate upon the 
 
 rural schools. taxable property of the whole county, (not in- 
 
 cluded in urban municipalities or annexed to 
 any urban municipality for school purposes) ac-^ 
 cording to the equalized assessments of the muni- 
 
67 ^ 
 
 cipalities as made for the purposes of county 
 rates in the manner provided by this Act and 
 the Municipdl and Assessment Acts, a sum 
 which shall be equal to at least that portion of 
 the legislative grant which is apportioned by 
 the Minister of Education on the basis of the 
 equipment and accommodations of the rural 
 Schools of the county, and such sums shall be 
 payable to the Trustees of the respective schools 
 receiving such legislative grants in the same 
 proportions as the said grants are apportioned. 
 
 (2) Where the assessed value according to the equalized ^^ed"by° ^* 
 
 assessments aforesaid of all the taxable pro- townships for 
 perty of the Public School supporters in any salaries, 
 township in an organized county, is at least 
 equal to an average assessment of |30,000 for 
 each Public School section therein the Muni- 
 cipal Council of such township shall, each year, 
 levy and collect by assessment upon the taxable 
 property of the Public School supporters of the 
 whole township (not included in urban muni- 
 cipalities or annexed to any urban municipality 
 for school purposes) in the manner provided by 
 this Act and the Municipal and Assessment Acts, 
 the sum of |300 at least for every Public School 
 where the teacher or principal teacher is en- 
 gaged for a whole year exclusive of vacations, 
 and a proportionate amount of such sum of 
 |300 at least where a teacher or principal 
 teacher is engaged for six months or longer ; and 
 the additional sum of at least $200 for every 
 assistant teacher engaged for a whole year ex- 
 clusive of vacations, and a proportionate amount 
 of such sum of $200 at least for every assistant * 
 
 teacher engaged for 6 montlis or longer. 
 
 (3) In every organized county where such assessed 
 
 value, according to the equalized assessment 
 aforesaid is less, than an average annual assess- 
 ment of 130,000 for each Public School section 
 in any townshin, and in every organized town- 
 ship in the territorial or judicial districts, what- 
 ever its assessments may be, the Municipal Coun- 
 cil of such township shall, each year, levy and 
 collect as aforesaid the sum of |150 at least for 
 every Public School where a teacher or prin- 
 cipal teach?r is engaged for a whole year ex- 
 clusive of vacations, and a proportionate 
 amount of said sum of |150 at least where a 
 teacher or principal teacher is engaged for 6 
 months or longer ; and an additional sum of at 
 least |100 for every assistant teacher engaged 
 
68 
 
 for a whole year exclusive of vacations, and a 
 proportionate amount of sucli sum of $100 at 
 least where such assistant teacher is engaged for 
 6 months or longer. 
 
 (4) The sums so levied and collected by the council of 
 the township shall be applied exclusively to 
 teachers' salaries. 
 
 c. 3978. 70,' 20. Subsection 8 of section 70 of The Public Schools Act 
 ft^endk. is amended by inserting "and 3" after the figure ''2" in 
 the second line of the said subsection 8. 
 
 lEdw. VII. 
 C. 39, s. 70, 
 subs. 9, 
 amended. 
 
 21. Subsection 9 of the said section 70 is amended bv in- 
 serting after the word * 'ratepayers" in the fifth line, the 
 words ''and out of the legislative grant." 
 
 J.^39!^8.\",' 22. The said section 70 is amended by adding thereto 
 amended. |-}j^ following as a new subsection : 
 
 number of (^) ^^^rc two or morc school sections are consolidated 
 
 principal and for the purpose of providing a central school, all 
 
 leathers the teachers in the said central school shall, for 
 
 schcKSs!*^ ■ the purposes of this section, be deemed princi- 
 
 pal teachers unless their number is greater than 
 tha number of sections consolidated, in which 
 case the number of teachers in excess of the 
 number of school sections aforesaid shall, for 
 the purposes of this section, be deemed assis- 
 tant teach-ers. 
 
 1 Edw. vii., 
 
 G. 39, 8. 73, 
 amended. 
 
 Clerk to fur- 
 nish inspector 
 with school 
 statistics. 
 
 23 Section 73 of The Public School Act is amended by 
 adding thereto the following subsection : — 
 
 (2) It shall be the duty of the clerk of ev-ery county 
 to furnish the Pul)lic School Inspector forth- 
 with on demand w4th such school statistics in 
 regard to assessments as the Minister of Edu- 
 cation may direct. 
 
 1 Edw. VII. 
 C.39, s. 80, 
 subs. 8, 
 amended . 
 
 24. Subsection 8 of section 80 of the said Act is amended 
 by inserting after the word "disease" in the third line the 
 words "or consumption." 
 
 lEdw. VII, 
 C. 39, 8. 86, 
 subs. 3, 
 amended. 
 
 Approval of 
 appointment 
 of additional 
 inspector. 
 
 25. Subsection 3 of section 86 of the said Act as enacted 
 by section 46 of the said Act, passed in the 6th year of His 
 Majesty's reign, Chaptered 53, is amended by adding at 
 the end of the said subsection 3 the following paragraph : — 
 
 In any county in which any Public School Inspector 
 has charge of less than 140 schools or depart- 
 ments with separate registers the appointment 
 of an additional Inspector shall be subject to 
 the approval of the Lieutenant-Governor in 
 
 ♦ Council. 
 
69 
 
 26. Subsection 8 of section 86 of The Public Schools Act, lEdw. vii. 
 as enacted by section 47 of the said Act, passed in the 6th subs^.' g,' ^^' 
 year of His Majesty's reign, is amended by inserting before *™*'^^^^- 
 the word * 'postage" in t"he ninth line the word "printing." 
 
 27. Subsection 6 of section 87 of The PublicSchools ActiEdw. vii. 
 is amended by striking out the words "at his discretion" in amended!^' 
 the first line and substituting therefor the words "subject 
 
 to the approval of the Minister of Education." 
 
 SECTION 40 OF THE STATUTE LAW AMENDMENT 
 
 ACT, 1907. 
 
 Assented to 20th April, 1907. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assembly of the Province of On- 
 tario, enacts as follows: — 
 
 40. Notwithstanding anything contained in section 34 ^cStldning 
 of The High Schools Act and the amendments thereto, the amount pay- 
 liability of any municipality under subsections 6, 7 or 9iEdw. vii., 
 of the said section as amended shall be determined as f ol- Jubs! 6,' 7%. 
 lows : — 
 
 From the total cost of maintenance of the High School 
 there shall be deducted the amount of the legislative grant, 
 — the remainder shall be divided by a number representing 
 the total number of days' attendance of all pupils at such 
 High School during the year for which payment is to be 
 made and the resulting amount shall be multiplied by the 
 total number of days' attendance of pupils in respect of 
 whom such municipality is liable, the percentage mention- 
 ed in the subsection under which payment is to be made 
 shall then be determined, and from this amount the fees 
 paid by such pupils shall be deducted, and the resulting 
 amount shall be the amount payable by such municipality. 
 
lo o fcoy 
 
 
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 ivJ533357 
 
 l^ZS-3 7 
 
 d)7f\