On May 29, 2024, a board of arbitration (Board) chaired by Arbitrator William Kaplan issued its decisions on two interest arbitration cases in the school board sector which addressed outstanding compensation issues between the Ontario Secondary School Teachers’ Federation (OSSTF), the Crown, and the Ontario Public School Boards’ Association (OPSBA) in respect of secondary school…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
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School Board Update
New regulations under the Education Act provide express obligations and prohibitions that must be included in a school board’s code of conduct for its board members. The regulations also set out new requirements around integrity commissioners. This article explains these new requirements and what a school board will need to do now to bring itself…
School Board Update
On June 21, 2024, the Supreme Court of Canada rendered its decision in York Region District School Board v. Elementary Teachers’ Federation of Ontario. The decision establishes that Ontario school boards are “government”—and thus subject to the Canadian Charter of Rights and Freedoms (Charter)—and provides guidance on how alleged breaches of an employee’s Charter-based right…
School Board Update
The Ministry of Education has announced that a new regulation may be proposed which would set out the requirements and process for monitoring and evaluating the performance of directors of education. The Ministry of Education has begun a consultation seeking input from stakeholders on this initiative. The details of the consultation are discussed below. Background…
School Board Update
As we reported previously, the Ontario Government introduced Bill 98, Better Schools and Student Outcomes Act, 2023 (Bill 98) on April 17, 2023. On June 8, 2023, Bill 98 received Royal Assent and is now law. As a result, a number of significant amendments to the Education Act, the Ontario College of Teachers Act, 1996…
School Board Update
Recent Cases of Note
· 7 min readWelcome to our latest edition of the School Board Update. In this update we discuss two significant decisions. The first is an arbitration decision where the grievor alleged the Ottawa Catholic School Board failed to accommodate her and discriminated against her on the basis of her age by requiring her to teach on site rather…
School Board Update
On April 17, 2023, the Ontario government introduced Bill 98, Better Schools and Student Outcomes Act, 2023 for First Reading. If passed, Bill 98 would amend the Education Act, the Ontario College of Teachers Act, 1996 and the Early Childhood Educators Act, 2007. The government has invited interested stakeholders to comment on the proposed amendments…
School Board Update
In Toronto Catholic District School Board v Canadian Union of Public Employees, Local 1328, Arbitrator Goodfellow recently issued a local arbitration decision concerning the administration of the Board’s sick leave and short-term disability plans. The hearing related to multiple grievances all touching on similar issues. Arbitrator Goodfellow specifically answered two questions: (i) Could the Board…
School Board Update
On January 17, 2023, the Ontario Human Rights Commission (OHRC) released a new strategic plan for 2023 to 2025, entitled Human Rights First: A plan for belonging in Ontario. It centres around five priorities which include Indigenous reconciliation, the criminal justice system and the education system. In this School Board Update, we focus on the OHRC’s priorities with respect to the education system.
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…