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School Board Update

The Ontario Divisional Court recently dismissed an application for judicial review of a preliminary arbitration decision in which Arbitrator Steinberg concluded that he lacked jurisdiction over aspects of the Ontario English Catholic Teachers’ Association’s (OECTA) grievance alleging violations of the preparation, planning and supervision (PPS) provisions of the collective agreement. He determined that the PPS…

School Board Update

As we previously reported, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022 (Bill 28) on October 31, 2022. On November 3, 2022, Bill 28 received Royal Assent and is now law. As a result, it creates collective agreements between school boards and the Canadian Union of Public Employees (CUPE) with terms…

School Board Update

On October 31, 2022, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022 (Bill 28 or the Bill) which, if passed, would enact and implement new central terms for collective agreements between the Council of Trustees’ Associations and the Canadian Union of Public Employees (CUPE). These collective agreements would have a term…

School Board Update

Welcome to our newest edition of the School Board Update. In this Update we review a recent decision from the Human Rights Tribunal of Ontario (Tribunal) concerning allegations of discrimination with respect to educational services because of sex and gender identity contrary to the Ontario Human Rights Code (Code). We hope you find this summary…

School Board Update

Recent Cases of Note

· 15 min read

Welcome to our latest edition of the School Board Update. In this Update we discuss three significant decisions. The first decision is from the Ontario Labour Relations Board. It clarifies that, with the revocation of O. Reg. 274/12 Hiring Practices, school boards are obliged to comply with Policy/Program Memorandum No. 165, School Board Teacher Hiring…

School Board Update

On August 17, 2021, the Ontario government announced that COVID-19 vaccination policies will be made mandatory in certain settings including, but not limited to, publicly funded school boards, private schools and licensed child care settings for the 2021-22 school year. On August 18, 2021, the Minister of Education outlined further details of this initiative in…

School Board Update

On August 3, 2021, the Ministry of Education (MOE) released its COVID-19: Health, Safety and Operational Guidance for Schools (2021-2022) (Direction), which is its plan for return to school in September. The Direction was approved by the Office of the Chief Medical Officer of Health for the purpose of regulations made under the Reopening Ontario…

School Board Update

On March 5, 2021, Arbitrator Susan Stewart released an award (Award) between the Hamilton Wentworth District School Board (Board) and ETFO dealing with preparation time (prep time) for remote learning elementary teachers in its virtual classes during the current 2020-21 school year. The grievance alleged that the Board had failed to provide prep time in…

School Board Update

On February 22, 2021, the Ontario Ministry of Education (Ministry) released the much anticipated Policy/Program Memorandum No. 165 (PPM 165) regarding “School Board Teacher Hiring Practices.” PPM 165 comes in response to the revocation of Ontario Regulation 274/12 “Hiring Practices” and will replace the Interim policy for school board hiring practices. The PPM is effective…

School Board Update

For 20 years, beginning in 1997, school boards and teachers’ federations agreed that class size limits pertaining to elementary school students needed to be met only by and on a “determination date” identified in the first half of the fall term. Following the negotiation of its 2017 Extension Agreement and an associated Letter of Commitment from the Crown, the Elementary Teachers’ Federation of Ontario (ETFO) challenged this mutual understanding in two related arbitrations. Two arbitration awards and one judicial review later, the issue has now been definitively resolved – in favour of the school boards’ interpretation and the continuation of the historical compliance system.