Tag: Education Act

Supreme Court of Canada Addresses Workplace Privacy Rights in Ontario Schools

· 5 min read

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…

Proposed Regulatory Amendments to Teacher Assignment and Proficiency in Mathematics

· 2 min read

The Ontario government recently posted two regulatory amendments related to teacher assignments and proficiency in mathematics for comment. The first is the Proposed Regulatory Amendments to Teacher Assignments. Regulation 298 made under the Education Act mandates that principals must assign their teachers to the best possible program, in accordance with the teacher’s qualifications or as…

Consultation Regarding the Director of Education Performance Appraisal

· 2 min read

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…

Ontario Introduces Bill 13; Proposes Changes to the Occupational Health and Safety Act, Education Act

· 2 min read

On October 7, 2021, the Ontario government introduced Bill 13, Supporting People and Businesses Act, 2021 (Bill 13) for first reading. Among other things, Bill 13 includes proposed amendments to the Occupational Health and Safety Act as well as to the Education Act. Occupational Health and Safety Proposed amendments to the Occupational Health and Safety…

Ontario Legislation Extends Time Limit for Student Expulsions

· 2 min read

Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020 received Royal Assent on April 14, 2020 (Bill 189). Among other things, Bill 189 amends the Education Act (Act) to extend the time limit to expel a student where such an extension is recommended to, and granted by, the Director of Education.

School Boards Take Note: Recent Developments of Interest

· 20 min read

In this Update, we discuss a recent decision of Arbitrator Nyman with respect to what constitutes a collective agreement and which re-affirms the longstanding principle that the interpretation of a collective agreement is first to be based on the plain and ordinary meaning of the written words. We also discuss a topical case with respect to a grievor’s obligation to produce arguably relevant medical documentation in the context of a grievance arbitration – notwithstanding the contractual restrictions that may exist.

That’s a Wrap – Final School Board Update of 2018

· 10 min read

In this School Board Update, we review two recent decisions which will be of interest to school boards. The first is an arbitration decision which considers the Ontario teacher performance assessment (TPA) process in a case where the termination of a teacher’s employment was upheld. The second is a decision of the Human Rights Tribunal of Ontario which concluded that a school board was not in violation of the Human Rights Code when it did not provide Applied Behavioural Analysis / Intensive Behavioural Intervention to a young student.

Ontario Government Introduces Safe and Supportive Classrooms Act, 2018

· 2 min read

On October 25, 2018, the Ontario government introduced Bill 48, the Safe and Supportive Classrooms Act, 2018. If passed, Bill 48 will amend the Early Childhood Educators Act, 2017, the Ontario College of Teachers Act, 1996, and the Teaching Profession Act to expand the definition of sexual abuse. Notably, the amendments include: clarification that sexual…