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….

Ontario Confirms Average Full-Day Kindergarten Class Size

On March 2, 2012, the Ontario government filed important new amendments to the class size regulation under the Education Act for full-day junior kindergarten and kindergarten classes. The amendments, which come into force on September 1, 2012, are intended to assist school boards which have kindergarten class size maxima in their teachers’ collective agreements that…

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 –…