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…
Tag: Education Act
Proposed Regulatory Amendments to Teacher Assignment and Proficiency in Mathematics
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
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
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
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.
Ontario Government Introduces Safe and Supportive Classrooms Act, 2018
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…
Hiring Practices Regulation under Education Act Amended
On December 3, 2015, O. Reg 376/15, amending O. Reg. 274/12 (Hiring Practices) made under the Education Act, was filed. The amendments, which are technical in nature, relate to the hiring practices for long-term occasional (“LTO”) teachers represented by the Ontario English Catholic Teachers’ Association (“OECTA”). Among other things, the amendments specify timing requirements for the application and interview…
Ontario Re-Introduces Education Act amendments in New Child Care Oversight Bill (Formerly Bill 143)
On July 10, 2014, the Ontario government re-introduced omnibus legislation that would substantially reform the education system in Ontario. If passed, Bill 10, the Child Care Modernization Act, 2014, would enact the Child Care and Early Years Act, 2014, amend the Education Act and the Early Childhood Educators Act, 2007, and repeal the Day Nurseries…
Section 21 of Ontario’s Early Learning Legislation Now Into Force
The amendments outlined in section 21 of Bill 242, the Full-Day Early Learning Statute Amendment Act, 2010, were proclaimed in force effective August 16, 2010. Section 21 adds PART X.3 (Designated Early Childhood Educators – Induction, Performance Appraisal and Reporting Obligations) to the Education Act (sections 277.46 to 277.52). As previously reported, the amendments outlined…
New Full-Day Learning, ECE Appointment Regulations Filed
On August 18, 2010, the Ontario government published the following regulation and regulatory amendments under the Education Act: O. Reg. 321/10 (Extended Day Programs), amending O. Reg. 225/10, which in part provides for board approval of delegation by a principal and the appointment of Early Childhood Educators (“ECEs”); O. Reg. 322/10 (Letter of Permission –…