School Board Update
Ontario Is Proposing Changes to Governance and Collective Bargaining in School Boards
Date: April 27, 2026
On April 13, 2026, the Ontario government introduced Bill 101, Putting Student Achievement First Act, 2026 for First Reading. Bill 101 passed Second Reading on April 16, 2026 and was referred to the Standing Committee on Social Policy. On April 22, 2026, the Committee announced its intention to hold public hearings in Toronto on Monday, April 27, 2026. Oral presentations and written submissions have been invited.
References in this publication to Bill 101 assume it will be passed in its current form.
According to the government’s media briefing, Bill 101 is intended to “strengthen school board oversight and accountability” and support the delivery of “high-quality education” to prepare students for well‑paying careers.
If enacted as proposed, Bill 101 would introduce significant changes to Ontario school boards’ governance, operations and collective bargaining processes. These changes would be implemented through amendments to a number of statutes, including the Education Act and the School Boards Collective Bargaining Act, 2014, and through regulations made under such statutes.
Amendments to the Education Act would centralize authority with the Minister of Education and the Lieutenant Governor in Council, reduce trustee autonomy, and expand provincial oversight over governance, spending and communications. The Bill would also introduce new provincial intervention mechanisms.
Amendments to the School Boards Collective Bargaining Act, 2014 would fundamentally restructure employer representation in English‑language school board collective bargaining by designating the Council of Ontario Directors of Education (CODE) as the central employer bargaining agency for all English‑language public and separate district school boards (DSBs). The Ontario Public School Boards’ Association (OPSBA) and the Ontario Catholic School Trustees’ Association (OCSTA) would be removed from their current central bargaining roles, subject to the preservation of certain denominational protections for OCSTA.
Notably, several measures referenced in the briefing do not appear in Bill 101 itself. Where changes discussed in this publication are identified as originating from the briefing, they are mentioned only in that document and not in the Bill. It is presumed that such measures may be addressed through future regulations; this will only be confirmed once those regulations are filed and published.
Coming into Force
Unless we indicate otherwise, the amendments to the Education Act and the School Boards Collective Bargaining Act, 2014 proposed by Bill 101 discussed in this publication would come into force on the day the Bill receives Royal Assent.
Education Act Amendments
Changes Involving Trustees
Bill 101’s trustee‑related reforms appear in Schedule 2.
The amendments relating to honoraria discussed immediately below would come into force on a day to be named by order of the Lieutenant Governor.
Bill 101 would expand the Minister’s regulation‑making authority respecting trustee honoraria, including authority to make regulations:
- authorizing or requiring school boards to provide honoraria
- prescribing amounts or methods for calculating amounts
- setting limits and methods for calculating those limits
- establishing conditions for payment
- governing school board policies and approval processes related to honoraria
The briefing indicates that trustee honoraria would be capped at $10,000.
The Education Act currently authorizes the Minister to establish policies and guidelines governing school board “discretionary spending.” Bill 101 would expand this authority to include policies and guidelines governing school board expense policies, including required principles and content, as well as rules respecting travel, meal, hospitality, and membership expenses. This expanded authority would include defining key terms, specifying reimbursable expenses, and prohibiting reimbursement for specified persons or purposes.
The briefing indicates that trustees’ discretionary expenses would be limited to mileage or transportation costs incurred for significant travel to attend board meetings, and essential role‑related supports such as phones and computers. It further states that boards would be prohibited from paying trustees’ external organization membership fees or costs associated with non‑essential conferences.
Currently, the Lieutenant Governor may make regulations determining the number of trustees for each DSB. Bill 101 would require that such regulations provide for no fewer than 5 and no more than 12 trustees, excluding trustees elected or appointed under s. 188 of the Education Act, student trustees, and the Director of Education of an English‑language DSB.
As noted in the briefing, the Toronto DSB, which currently has 22 trustees, would be the only board affected by this change.
The briefing states that Bill 101 would improve transparency and oversight over school board subsidiaries, including transportation groups, foundations, and other temporary entities, particularly with respect to their use of public funds.
School Board Leadership Changes
Chief Executive Officer (CEO)
Under the Education Act, the Director of Education in English‑language public and Catholic DSBs currently serves as both the Chief Education Officer (CEdO) and the Chief Executive Officer (CEO). While the briefing characterizes the CEO role as new, Bill 101 would formally separate the two functions.
The amendments in Bill 101 discussed in the two paragraphs immediately below would come into force on a day to be named by order of the Lieutenant Governor.
Bill 101 would require the Director of Education in an English‑language DSB to serve as its CEO but not its CEdO, and be referred to by the board as the CEO for all purposes, including public communications.
Bill 101 would also require the CEO to appoint an employee of the board as the CEdO, although the CEO may also be appointed CEdO. The briefing confirms that a CEO may hold both roles where qualifications are met.
From this point forward, we refer in this publication to the Director of Education of an English‑language DSB as its CEO.
The briefing states that CEOs would oversee board finances and operations and be required to possess business qualifications. Their responsibilities would also include oversight of administration, resource allocation, corporate services, policy implementation, alignment with provincial direction, budget development, and leadership of contract negotiations with teachers’ and support staff unions.
The briefing indicates also that budget matters would be referred to the Minister for decision where trustees are unable to reach agreement.
While boards of trustees would retain authority to appoint the CEO, Bill 101 would prohibit an English‑language DSB from dismissing its CEO without the prior written approval of the Minister. According to the briefing, this requirement is intended to prevent retaliatory dismissals while CEOs carry out their responsibilities.
Bill 101 would make the CEO a member of the board by virtue of office, but without a binding vote on board or committee matters. The CEO would not be considered a board member for the purposes of specified provisions of the Education Act or any additional provisions prescribed by regulation. The Lieutenant Governor would be authorized to make regulations deeming the CEO not to be a board member under other statutes.
The briefing verifies that the CEO would serve as board secretary and that they would confirm certain resolutions with financial implications.
Chief Education Officer (CEdO)
Bill 101 would prohibit the appointment of a CEdO unless the individual is a member of the Ontario College of Teachers or has equivalent qualifications, and meets any additional requirements prescribed by regulation.
The briefing states that the CEdO’s role would be to provide pedagogical leadership to advance student achievement, safety and well‑being, with a focus on educational and academic programming, curriculum implementation and effective program delivery.
Bill 101 would authorize the Minister to make regulations prescribing the powers, duties, responsibilities, and qualifications of CEdOs.
School Boards’ Public Communications
Bill 101 would authorize the Minister to establish and require compliance with policies and guidelines governing school boards’ public communications, including communications by officers, employees, and trustees acting in an official capacity.
The briefing indicates these measures are intended to promote consistency in board communications with families and communities and focus communications on core operational functions. Affected communications may include board websites, official emails and newsletters, and social media accounts.
Ensuring More Consistent and Effective Learning Experiences
Bill 101 would authorize the Minister to establish policies and guidelines respecting the use and selection of approved educational materials and assessment of student achievement.
It would also repeal the Minister’s authority to establish policies and guidelines respecting school climate surveys, as well as the requirement that boards use those surveys to monitor related policies.
The briefing further notes that legislative changes are being introduced to support improved attendance and participation among secondary school students.
School Board Collective Bargaining Act Amendments
Importantly, references to “trustees association” in the School Board Collective Bargaining Act will be replaced by “employers’ association” which is now defined as CODE. However, on a transitional basis, OPSBA and OCSTA are deemed to be employers’ associations with respect to funds granted or paid to them before the day upon which s. 4(12) of Schedule 5 of Bill 101 comes into force.
Currently, paragraphs 3 and 4 of s. 21 of the School Boards Collective Bargaining Act, 2014 designate OCSTA as the employer bargaining agency for all English‑language separate DSBs, and OPSBA as the employer bargaining agency for all English‑language public DSBs and boards established under s. 68 of the Education Act. Bill 101 would replace both OCSTA and OPSBA by designating CODE as the central employer bargaining agency for all such boards and all bargaining units under s. 21. Bill 101 establishes a duty to cooperate in good faith on CODE, OPSBA and OCSTA to do anything necessary to ensure that CODE may effectively assume its role as employer bargaining agent under s. 21. The Minister would be authorized to make orders facilitating CODE’s assumption of this role from OPSBA and OCSTA and any other function that may have been carried out by OPSBA or OCSTA in relation to the terms and conditions of employment of any employees of a school board. Finally, Bill 101 allows for the Minister to order the transfer of rights, powers, duties, property, contracts, employees, money, information or records of OPSBA or OCSTA to CODE.
Bill 101 would establish a committee within CODE to oversee and direct CODE’s activities as an employer bargaining agency. The Minister would be authorized to regulate this committee. The committee would be permitted to make necessary by‑laws and required to provide copies of new or amended by‑laws to the Minister.
Under Bill 101, the Minister would be authorized to regulate the processes by which CODE exercises its statutory rights and duties. In the absence of such regulations, those processes may be established by committee by‑law. Voting would not be mandatory unless required, and where required voting need not comply with the existing voting rules in the Education Act.
OCSTA’s Role
Bill 101 would permit OCSTA to observe central bargaining where the employer bargaining agent represents one or more English‑language separate DSB bargaining units, subject to conditions imposed by CODE and the Crown, including limits on the number of persons attending and confidentiality requirements.
OCSTA would be permitted to give written notice that a central bargaining proposal may prejudicially affect denominational rights. The parties may agree to exclude the matter from central bargaining and address it locally. If not excluded, OCSTA may apply to the Ontario Labour Relations Board for a determination.
Ratification of Local Agreements
Bill 101 would provide that in English‑language DSBs, local collective agreements would be ratified by the CEO. In English‑language separate DSBs, ratification would occur once agreements are executed by the CEO and approved by trustees.
French‑Language School Boards
The briefing confirms that French‑language DSBs would remain out of scope of these reforms.
What This Means for School Boards
Bill 101 would mark a shift in governance, accountability, and labour relations for English‑language school boards in Ontario, with both immediate and longer‑term operational implications.
Increased Provincial Control and Reduced Local Autonomy
Bill 101 would further centralize decision‑making authority with the Minister of Education and the Lieutenant Governor in Council. Boards would operate with reduced discretion in key areas, including governance structures, trustee compensation and expenses, public communications, and—where trustees are unable to agree—budgetary matters. Provincial intervention tools would be expanded, signaling a move toward closer oversight of board operations and compliance.
Narrowed Role and Independence of Trustees
Trustees would face tighter controls on honoraria, expenses, and board size, along with enhanced provincial oversight of board policies governing spending and communications. Taken together, these changes would further professionalize and constrain the trustee role, reinforce accountability expectations, and limit trustees’ ability to independently shape governance practices at the local level.
Fundamental Change to Senior Leadership Structure
The formal separation of the CEO and CEdO roles represents a structural shift in board leadership. CEOs would assume enhanced operational, financial, and labour relations responsibilities, while CEdOs would focus exclusively on pedagogical leadership. Boards would need to adapt governance practices and reporting relationships accordingly, including navigating the Minister’s approval role in CEO dismissal decisions.
Centralization of Employer Representation in Collective Bargaining
By designating CODE as the sole central employer bargaining agency for English‑language school boards, Bill 101 would fundamentally reshape school board collective bargaining. Individual boards would have reduced influence at the central table, with strategic direction consolidated through CODE and its internal governance structures. Boards—particularly separate school boards—would also need to carefully manage the interaction between central bargaining, local ratification requirements, and denominational protections.
Standardized Communications and Program Delivery Expectations
Boards would be required to comply with provincially prescribed policies governing public communications, including those issued by trustees and staff in their official capacities. In addition, expanded Ministerial authority over instructional materials and student achievement assessment would further standardize educational delivery across the province, while the repeal of school climate survey requirements would reduce board‑level discretion in this area.
Increased Compliance and Change‑Management Demands
Overall, Bill 101 would require school boards to reassess governance frameworks, leadership roles, bargaining processes, and internal policies to ensure alignment with enhanced provincial direction. Boards should anticipate increased compliance obligations, reduced flexibility in local decision‑making, and a heightened need for coordinated governance, labour relations and communications strategies.
If you require further information regarding Bill 101 or have questions about how it could impact your school board, please contact Dolores M. Barbini or another member of our School Boards Team.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©