In this latest edition of our School Board Update, we provide you with a brief overview of the significant changes recently proposed by the Ontario government to the employment and labour laws in our province…
Tag: Education Act
Leaves of Absence, Procedural Matters and More
In this latest edition of our School Board Update, we are bringing you summaries of three recent cases which will be of interest. They deal with abuse of process at arbitration, entitlement of part-time and custodial employees to miscellaneous leaves, and the balancing of religious freedom with other statutory requirements…
Court Rules that Education Act Authorizes Payment of Post-Retirement Benefits to Retirees Over Age 65
The Divisional Court has ruled that two school boards have authority under the Education Act (Act) to…
In Camera Deliberations of Teacher Dismissal can be Subject of Testimony, Supreme Court of Canada Rules
On March 18, 2016, the Supreme Court of Canada issued Commission scolaire de Laval v. Syndicat de l’enseignement de la région de Laval (“Laval”), a significant decision on whether a union can subpoena members of a school board’s executive committee to testify about their in camera deliberations regarding a teacher’s dismissal…
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…
After Keewatin: The Use of Exclusions
Overview In a recent case, the Human Rights Tribunal of Ontario served clear notice that excluding a student under s. 265(m) of the Education Act, because of behavioural issues arising from the student’s disability, must not offend human rights principles. In R.B. v. Keewatin Patricia District School Board, the Tribunal found that the exclusion of…
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…
Concerted Withdrawal of Voluntary/Extracurricular Activities by Teachers Declared an Unlawful Strike
In a landmark ruling, and after much anticipation, the Ontario Labour Relations Board (“OLRB”) has finally rendered its decision in the longstanding debate about whether the withdrawal, in combination or in concert, of participation in voluntary extracurricular activities by teachers constitutes a “strike” within the meaning of the Education Act. In this FTR Now, we…
OLRB: Withdrawal of Extracurricular Activities Constitutes an Unlawful Strike
Today, the Ontario Labour Relations Board (“OLRB”) rendered Trillium Lakelands District School Board and Upper Canada District School Board v. Elementary Teachers’ Federation of Ontario, a significant decision in which it found the withdrawal of extracurricular activities by the Elementary Teachers’ Federation of Ontario (“ETFO”) constituted an unlawful strike according to the definition set out…
New Education Act Amendments Introduced Relating to Concussions
On March 6, 2012, the Ontario government introduced Bill 39, Education Amendment Act (Concussions), 2012, new legislation that would, if passed, amend Part XIII.1 of the Education Act, and empower the Minister of Education to set policies and guidelines respecting head injuries and concussions suffered by pupils. We highlight a few key proposed amendments below….