Putting Student Achievement First Act, 2026 — Bill 101 (44th Parliament, 1st Session)
Bill 101, 44-1
Ontario — Bills
role="main" class="main-container container js-quickedit-main-content" id="main-content">
Bill 101, Putting Student Achievement First Act, 2026
Calandra, Hon. Paul Minister of Education
Current status:
Royal Assent received. Statutes of Ontario 2026,
chapter 4
Please select
View bill
Status
Debates
Acts affected
Votes
Royal Assent
As Amended by Standing Committee
Original
Bill 101 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 101 and does not form part of the law.
Bill 101 has been enacted as
Chapter 4 of the Statutes of Ontario, 2026.
SCHEDULE 1
CHILD CARE AND EARLY YEARS ACT, 2014
The
Schedule makes the following amendments to the Child Care
and Early Years Act, 2014 :
1. The
Minister is given additional power to support operators of child care and early
years programs and services and service system managers.
2. The
Minister is given power to assign an Ontario education number to a child who
has not already been assigned one, if requested to do so by the child’s parent.
SCHEDULE 2
EDUCATION ACT
The
Schedule amends the Education Act . Among the
amendments are the following:
1. The
Minister is given power to establish policies and guidelines,
i. for
the assessment of student achievement,
ii. respecting
board expense policies,
iii. related
to the use of educational materials in instruction, and
iv. related
to boards’ public communications.
2. Paragraph
31 of subsection 8 (1) and subsections 169.1 (2.1) and (2.2) of the Act are
repealed, removing the Minister’s power to establish policies and guidelines
respecting school climate surveys and the related requirement that boards use
those surveys to collect information from pupils, staff, parents and guardians
to monitor and evaluate the policies.
3. The
existing regulation-making powers respecting school board controlled entities
is amended to require the Minister’s approval regarding such entities in
certain circumstances.
4. Currently,
the number of members on district school boards is determined under the Act,
subject to the regulations. The amendments provide that the number provided for
in the regulations shall be between 5 and 12.
5. Amendments
are also made respecting the regulation-making powers relating to honoraria for
members of boards.
6. The
Schedule amends
section 195 of the Act to require a board to obtain the
Minister’s approval before acquiring a school site or other land. A new process
is established under which a board must submit a request for the Minister’s
approval to acquire land or to apply for approval to expropriate land, and the
Minister must respond within a prescribed time period, if any.
7. Amendments
are made to subsections 195 (4), (5) and (6) of the Act to expand
the types of work to which the provisions apply, including additions,
alterations, improvements and repairs. New subsections 195 (7) to
(9) permit the Minister to establish policies respecting the use of school
sites, the requirements for obtaining Minister’s approvals and the addition to,
or erection, alteration, improvement or repair of, buildings.
8. New
section 195.0.1 authorizes the Minister to give directions to a board, or
to select a person or body to take control of the management of an addition to,
or erection, alteration, improvement or repair of, a building, if the Minister
is of the opinion that the board has not complied or is unlikely to comply with
policies or regulations. The powers and obligations of a selected person or
body, the board’s duty to co ‑ operate and the Minister’s authority to issue directions
are set out. The Minister may also require the board to pay fees and expenses
incurred in relation to an order made under the section.
9. Currently,
the Act provides that where a board is subject to a vesting order, the ability
of the board to enter into certain agreements or approve of the issuing of
certain instruments is subject to the approval of the Minister. The
Schedule
amends the Act to provide that only the Minister, exercising the powers of the
board, may enter into such agreements or require the issuing of such
instruments. Related amendments are made, including to regulation-making
powers. The Act is also amended to require certain procedural steps to be taken
when the Minister provisionally exercises the power to make a vesting order.
10. Provisions
are added respecting the situations where a board is required to obtain the
Minister’s approval of its estimates.
11. Divisions
C and F of
Part IX of the Act are repealed.
12. The
Minister is given power to assign an Ontario education number to a child who
has not already been assigned one, if requested to do so by the child’s parent
or guardian.
13. Various
district school boards. The director of education in such a board is the chief
executive officer of the board and shall be referred to by the board as the
chief executive officer of the board for all purposes. The director of
education is required to appoint a chief education officer. The director of
education is a member of the board but is not entitled to exercise a binding
vote.
14. Currently,
the Act sets out certain processes that apply when French-language rights
holders groups seek to develop proposals under
section 294 of the Act. The
Schedule amends the processes to provide for the Minister to perform the roles
currently assigned to the Languages of Instruction Commission of Ontario and to
make other related and consequential amendments. The
Schedule also repeals the
provisions in the Act that provide for the continuation of the Commission.
15. Provisions
are added respecting the personal liability of various persons, establishing
vicarious liability and extinguishing certain causes of action.
16. Various
related and consequential amendments are made.
SCHEDULE 3
HIGHER EDUCATION QUALITY COUNCIL OF ONTARIO ACT, 2005
The
Schedule amends the Higher Education Quality Council of
Ontario Act, 2005 . The board of the Council’s composition and
appointment requirements in
section 2 of the Act are amended and new subsection
2 (3.1) provides for certain members to have been deemed appointed by the
Minister. New
section 7.1 of the Act provides for the winding up of the Council
and new
section 8.6 of the Act provides for the dissolution of the Council. New
section 8.1.1 of the Act provides that the Minister is required to prepare the
final annual report of the Council. New sections 8.3 to 8.5 of the Act set out
the rules respecting liability and proceedings. The
Schedule also provides for
the repeal of the Act on a day to be named by order of the Lieutenant Governor
in Council.
SCHEDULE 4
ONTARIO COLLEGE OF TEACHERS ACT, 1996
The
Schedule amends
section 40 of the Ontario College of
Teachers Act, 1996 to separate the regulation-making authority
respecting accreditation of professional teacher education programs from the
authority respecting accreditation of ongoing education programs for teachers.
The amendments provide that regulations made in respect of accreditation of
professional teacher education programs may specify requirements such as
timing, areas of study, delivery and practical experience and set out that such
accreditation requirements apply despite any authority of post ‑ secondary educational
institutions over their academic programs and prevail over decisions of their
academic governing bodies.
SCHEDULE 5
SCHOOL BOARDS COLLECTIVE BARGAINING ACT, 2014
The
Schedule amends the School Boards Collective Bargaining
Act, 2014 . Among the amendments are the following:
1. Currently,
Section 21 of the Act designates the Ontario Catholic School Trustees’
Association (or “OCSTA”) as the employer bargaining agency for every
units. It also designates the Ontario Public School Boards’ Association (or
district school board and every board established under
section 68 of the Education Act with respect to all bargaining units.
Section 21 of the Act is amended to instead designate the Council of Ontario
Directors of Education (or “CODE”) as the employer bargaining agency for all of
these boards and with respect to all bargaining units.
2. A
new
section 52 provides for a committee within the CODE whose object is to
oversee and direct CODE’s activities as an employer bargaining agency. The
process by which CODE exercises any of its rights or privileges under the Act
or performs any of its duties under the Act may be specified by a regulation
made by the Minister or, in the absence of such regulation, by a by-law of the
committee. This process need not require voting and, even where voting is
required, need not comply with subsection 21 (4) of the Act. A new
section 53
provides for transitional matters related to the transfer of the role of
employer bargaining agency from the OCSTA to the CODE and from the OPSBA to the
CODE. In particular, the Minister is authorized to make orders to facilitate
the effective assumption by the CODE of the role of employer bargaining agency.
A new
section 54 provides the Minister with various regulation-making
authority, including the authority to make regulations governing the committee
within the CODE. New sections 55 to 57 limit personal liability in relation to
the exercise of powers, duties or functions under sections 52 and 53 or a
regulation made under
section 54.
3. A
new
section 22.1 authorizes the Minister to, by regulation, take certain
measures to enable a different person or body of persons to exercise the CODE’s
rights and privileges and perform its duties under the Act as an employer
bargaining agency or as the member of a council designated by or under
section
21 of the Act if the Minister is of the opinion that the CODE is unable or
unwilling to exercise those rights and privileges or perform those duties.
4. A
new
section 25.1 of the Act provides that the OCSTA is entitled to observe
central bargaining at a central table if the relevant employer bargaining
district school board. This new
section provides for a process by which
particular matters or proposals that are the subject of central bargaining may
be made the subject of local bargaining if the OCSTA gives notice that the
matter or proposal may prejudicially affect denominational rights and
privileges. Authority is vested in the Minister to, by regulation, require
relating to the OCSTA’s activities under the Act.
5. A
association” with the term “employers’ association”.
Bill 101 2026
Act to amend various Acts in respect of education and child care
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Child
Care and Early Years Act, 2014
Schedule 2
Education
Act
Schedule 3
Higher
Education Quality Council of Ontario Act, 2005
Schedule 4
Ontario
College of Teachers Act, 1996
Schedule 5
School
Boards Collective Bargaining Act, 2014
His
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3 and
the Schedules to this Act.
Commencement
(1) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by order of the Lieutenant Governor in Council, an
order may apply to one or more of those provisions, and orders may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Putting
Student Achievement First Act, 2026 .
SCHEDULE 1
CHILD CARE AND EARLY YEARS ACT, 2014
Subsection 54 (1) of the Child Care and Early Years Act,
2014 is amended by striking out “and” at the end of clause (b), by
adding “and” at the end of clause (
c) and by adding the following clause:
(
d) provide
services to support operators of child care and early years programs and
services and service system managers in carrying out their functions and duties
under this Act.
(1) Subsection 72 (1) of the Act is repealed and the following
substituted:
Assignment
of numbers
(1) The
Minister may assign an Ontario education number to a child who has not already
been assigned one under this or any other Act if,
(
a) the
child’s parent has requested the assignment of an Ontario education number for
the child; or
(
b) the
child is registered or seeks to be registered in,
(
i) a
program or service that includes the provision of licensed child care, or
(ii) an
early years program or service prescribed by the regulations.
(2) Subsection
72 (3) of the Act is repealed and the following substituted:
Same
(3) Subsection
(2) applies to,
(
a) the
Minister; and
(
b) in
the case of a child described in clause (1) (b), persons who provide or operate
programs and services described in subclauses (1) (b) (
i) and (ii).
Commencement
This
Schedule comes into force on the day the Putting
Student Achievement First Act, 2026 receives Royal Assent.
SCHEDULE 2
EDUCATION ACT
Section 1 of the Education Act is amended by adding
the following subsection:
Digital
materials
(1.2) For
greater certainty, a reference in this Act or the regulations to educational
materials, such as textbooks and other learning materials, includes digital
textbooks and learning materials.
(1) Paragraph 3.3 of subsection 8 (1) of the Act is repealed and the
following substituted:
policies, guidelines: assessment of student achievement
3.3 establish
policies and guidelines for the assessment of student achievement with respect
to pupils attending schools under the jurisdiction of a board and require
boards to comply with the policies and guidelines;
(2) Paragraph
3.7 of subsection 8 (1) of the Act is repealed and the following substituted:
policies
and guidelines: school board expense policies
3.7 establish
and require boards to comply with policies and guidelines governing board
expense policies, including policies and guidelines that,
i. specify
key principles and other content that must be included in board expense
policies, and
ii. set
out requirements relating to discretionary spending, travel, meal and
hospitality expenses and membership fees, including defining those terms,
specifying the expenses that may be reimbursed and prohibiting the reimbursement
of expenses for specified persons or purposes;
(3) Subsection
8 (1) of the Act is amended by adding the following paragraph:
policies and guidelines: educational materials
7.1 establish
and require boards to comply with policies and guidelines,
i. respecting
the use of educational materials approved under paragraph 6, such as textbooks
and other learning materials, in instruction, and
ii. respecting
the establishment, content and adoption of rules and procedures, by boards, to
govern the selection and use of educational materials for instructional
purposes;
(4) Subsection
8 (1) of the Act is amended by adding the following paragraph:
board
communication, general
27.4 establish,
and require boards to comply with, policies and guidelines governing boards’
public communications, including policies and guidelines governing public
communications made by board officers and employees and by board members acting
as representatives of the board;
(5) Paragraph
31 of subsection 8 (1) of the Act is repealed.
(6) Section
8 of the Act is amended by adding the following subsection:
Expenses
(2.1) A
policy or guideline made under paragraph 3.7 of subsection (1) may provide
that, despite anything in this Act, a board shall not pay certain expenses of a
member or reimburse a member for certain expenses or that such payment or
reimbursement shall be restricted in accordance with the policy or guideline.
(1) Section 11 of the Act is amended by striking out “Subject to the
approval of the Lieutenant Governor in Council, the Minister may” wherever it
appears and substituting in each case “The Lieutenant Governor in Council may”.
(2) Subsection
11 (6) of the Act is amended by adding the following clause:
(a.1) requiring
boards to obtain the Minister’s approval or confirmation before establishing or
continuing to operate or maintain a school board controlled entity or making
any change to its purposes or objects, including requiring the dissolution of
an entity if the Minister does not give approval or confirmation;
Subsection 13 (7) of the Act is amended by striking out the portion before
clause (
a) and substituting the following:
Regulations
(7) The
Lieutenant Governor in Council may, in addition to the powers under
section 11,
make regulations with respect to schools continued or established under this
section,
. . . .
Part I of the Act is amended by adding the following sections:
Crown
liability
personal liability
17.2
(1) No
cause of action arises against any current or former member of the Executive
Council, deputy minister or employee, officer or agent of the Crown for any act
done in good faith in the exercise or performance, or intended exercise or
performance, of the person’s powers, duties or functions under this Act or for
any alleged neglect, default or other omission in the exercise or performance
in good faith of those powers, duties or functions.
Crown
remains vicariously liable
(2) Despite
subsection 8 (3) of the Crown Liability and Proceedings
Act, 2019 , subsection (1) does not relieve the Crown of liability to
which it would otherwise be subject as a result of the acts or omissions of a
person specified in subsection (1).
liability for acts or omissions of others
(3) No
cause of action arises against the Crown or any person specified in subsection
(1) for
an act or omission of a person other than the Crown or a person
specified in that subsection, if the act or omission is related, directly or
indirectly, to the exercise or performance, or intended exercise or
performance, of a power, duty or function under this Act.
Proceedings
by Crown not prevented
(4) This
section does not apply with respect to proceedings brought by the Crown.
Proceedings
barred
17.3
(1) No
proceeding shall be commenced,
(
a) against
any person specified in subsection 17.2 (1) in respect of a matter referred to
in that subsection; or
(
b) against
the Crown or any person specified in subsection 17.2 (1) in respect of a matter
referred to in subsection 17.2 (3).
Same
(2) Subsection
(1) does not apply with respect to an application for judicial review, a claim
for a constitutional remedy, or any proceeding that is specifically provided
for under this Act, but does apply with respect to any other court,
administrative or arbitral proceeding claiming any remedy or relief, including
specific performance, an injunction, declaratory relief, a remedy in contract,
restitution, unjust enrichment or tort, a remedy for breach of trust or
fiduciary obligation or any equitable remedy, enforcement of a judgment, order
or award made outside Ontario or any form of compensation or damages, including
loss of revenue or profit.
Proceedings
by Crown not prevented
(3) This
section does not apply with respect to proceedings brought by the Crown.
(1) Subclause 58.1 (2) (k) (
i) of the Act is repealed and the
following substituted:
(
i) the
number of members of each district school board or the determination of the
number,
(2) Subclause
58.1 (2) (k) (viii) of the Act is repealed.
(3) Subsections
58.1 (10) to (11) of the Act are repealed and the following substituted:
Number
of members on a district school board
(10) A
regulation under subclause (2) (k) (
i) shall not provide for a number of
members of a district school board that is less than 5 or more than 12.
Same
(11) The
numbers referred to in subsection (10) do not include any person elected or
appointed to a district school board under
section 188, a student trustee or the
Subsections 169.1 (2.1) and (2.2) of the Act are repealed.
Section 191 of the Act is repealed and the following substituted:
Honorarium
for members of boards
The
Minister may make regulations respecting honoraria for members of boards,
including regulations,
(
a) authorizing
or requiring boards to provide honoraria to members;
(
b) specifying
the amount of an honorarium to be provided to members or a method for
calculating the amount;
(
c) setting
limits on honoraria and providing a method for calculating those limits;
(
d) specifying
conditions that must be satisfied for the payment of honoraria by the board;
(
e) governing
board policies regarding the payment of honoraria and processes respecting the
adoption of such policies;
(
f) specifying
circumstances in which
section 191.3 does not apply.
(1) Subsection 195 (1) of the Act is amended by striking out “may
select and may acquire” and substituting “may select and may, with the approval
of the Minister, acquire”.
(2) Subsections
195 (1.1) to (1.4) of the Act are repealed and the following substituted:
Request
for approval to acquire, etc.
(1.1) Before
a board acquires or applies for an approval to expropriate a school site or any
other land under subsection (1), the board shall submit a request, in the
manner and form specified by the Minister, for the Minister’s approval to
acquire or apply to expropriate the school site or land.
Minister’s
response
(1.2) The
Minister shall approve or refuse a request made under subsection (1.1) within
the prescribed time period, if any.
Regulations
(1.3) The
Minister may make regulations prescribing the time period referred to in
subsection (1.2).
(3) Subsection
195 (4) of the Act is amended by striking out “add to or alter” and
substituting “add to, alter, improve or repair”.
(4) Subsection
195 (5) of the Act is amended by,
(
a) striking
out “erect” and substituting “add to, erect, alter or improve”; and
(
b) striking
out “school building” wherever it appears and substituting in each case
“building”.
(5) Subsection
195 (6) of the Act is repealed and the following substituted:
Additions,
alterations, etc.
(6) A
board may, with the approval of the Minister, make an addition, alteration or
improvement to a building that is acquired by the board under a lease.
Policies
(7) The
Minister may establish and require boards to comply with policies respecting,
(
a) the activities that constitute
additions, erections, alterations or improvements that require the Minister’s
approval under subsection (5) or (6) and any requirements that boards must
fulfil in order to obtain an approval;
(
b) the
use of a school site or other land acquired under subsection (1); and
(
c) the addition to, or erection, alteration, improvement or
repair of, buildings under subsection (4), (5) or (6).
Same
(8) For
greater certainty, a policy established under subsection (7) or a regulation
made under
section 195.0.5 may require a board to give notice to the Minister
or obtain the Minister’s approval in respect of an addition to, or erection, alteration,
improvement or repair of, a building or any step in such work.
Subject
to policies, regulation
(9) The
use of a school site or other land acquired under subsection (1) and the addition
to, or erection, alteration, improvement or repair of, a building under
subsection (4), (5) or (6) shall be done in accordance with any policies
established under subsection (7) and any regulations made under
section 195.0.5.
The Act is amended by adding the following sections:
Direction
and order re non-compliance
195.0.1
(1) If,
in the opinion of the Minister, a board has not complied or is unlikely to
comply with a policy established under subsection 195 (7) or a regulation made
under
section 195.0.5 , the Minister
may ,
(
a) give
any direction to the board to do anything or refrain from doing anything that
the Minister considers advisable to address the non-compliance or likely
non-compliance, including directions to,
(
i) prepare,
submit and implement a plan for addressing the non-compliance, and
(ii) sell
or otherwise dispose of the building, the school site or other land, or any
part of the building, school site or other land in accordance with this Act and
the regulations; or
(
b) make an order selecting a person or body to take control
of the management of the addition, erection, alteration, improvement or repair.
Order
given to secretary
(2) The
Minister shall promptly give a copy of an order made under clause (1) (
b) to
the secretary of the board.
Powers
and obligations of person or body
(3) If
a person or body is selected under clause (1) (b),
(
a) the
person or body may exercise the powers of the board respecting the management
of the addition to, or erection, alteration, improvement or repair of, the
building, and anything done by the person in exercising such powers is deemed
to be done by and for the board and in its name; and
(
b) the
person or body shall comply with any policies established under subsection 195 (7) and
any regulations made under
section 195.0.5 that apply to the board unless the
Minister provides otherwise.
Same
(4) The
powers referred to in clause (3) (
a) that a selected person or body may
exercise include,
(
a) managing
the allocation of revenues and expenditures;
(
b) communicating
with the school community;
(
c) managing
contracts, including entering into and terminating contracts and selecting vendors;
(
d) altering
or cancelling any or all aspects of the addition to, or erection, alteration, improvement
or repair of, the building, subject to the prior written consent of the
Minister; and
(
e) any
other power that may be prescribed.
Co-operation
of the board
(5) If
a person or body is selected under clause (1) (b), the board shall co-operate
with the selected person or body in the exercise of the person or body’s powers
described in clause (3) (a).
Direction
of Minister
(6) The
Minister may give any direction that the Minister considers advisable to a
board or to a person or body selected under clause (1) (
b) in respect of the
addition to, or erection, alteration, improvement or repair of, the building,
including any of the following directions:
1. A
direction requiring the board to co-operate with the selected person or body.
2. A
direction requiring the board to take one or more steps in order to facilitate
the management of the addition, erection, alteration, improvement or repair by
the selected person or body.
3. A
direction establishing roles, responsibilities and timelines in respect of
managing the addition, erection, alteration, improvement or repair.
4. A
direction setting out steps to be taken in respect of the addition, erection,
alteration, improvement or repair.
5. A
direction requiring reporting to the Minister.
6. A
direction requiring the board to make funds available to the selected person or
body for the purpose of managing the addition, erection, alteration,
improvement or repair.
Direct
payment of fees and expenses
(7) The
Minister may direct the board to pay any fees and expenses reasonably incurred
in relation to an order made under clause (1) (
b) and may specify in the
direction that the payment shall be chargeable to such of the board’s accounts
as the Minister may direct.
Compliance
with directions
(8) A
board and a person or body selected under clause (1) (
b) shall comply with any
direction issued to the board, person or body by the Minister under this
section within the time specified in the direction.
Exception,
Crown
(9) If
the selected person or body is the Crown, the Minister may determine that
subsection (8) does not apply.
Directions
available to public
(10) The
Minister shall ensure that any direction given under this
section is made available
to the public.
Board
vicariously liable
195.0.2
(1) If
a board is subject to an order under clause 195.0.1 (1) (b), any current or
former member of the Executive Council, deputy minister, employee, officer or
agent of the Crown, or a current or former trustee, employee or officer of
another board selected for the purposes of clause 195.0.1 (1) (b), is deemed to
be an officer of the board and not an employee, officer or agent of the Crown
or of the selected board, for the purposes of any cause of action against the
person and any claim for vicarious liability in relation to the person’s acts
or omissions under
section 195.0.1 in managing or administering the addition
to, or erection, alteration, improvement or repair of, the board’s buildings.
personal liability
(2) No
cause of action arises against any individual referred to in subsection (1) for
any act done in good faith in the exercise or performance, or intended exercise
or performance, of the person’s powers, duties or functions under
section
195.0.1 or for any alleged neglect, default or other omission in the exercise
or performance in good faith of those powers, duties or functions.
Board
vicariously liable
(3) Subsection
(2) does not relieve the board of liability to which it would otherwise be
subject as a result of the acts or omissions of an individual referred to in
subsection (1).
Proceedings
barred
(4) No
proceeding shall be commenced against any individual referred to in subsection
(1) in respect of a matter referred to in that subsection.
Proceedings
by Crown not prevented
(5) This
section does not apply with respect to proceedings brought by the Crown.
Extinguishment
of causes of action
195.0.3
(1) No cause
of action arises against the Crown or any current or former member of the
Executive Council, deputy minister, employee, officer or agent of or advisor to
the Crown, or another board selected for the purposes of clause 195.0.1 (1) (
b) or any current or former trustee, employee or
officer of the selected board, as a direct or indirect result of,
(
a) the
giving, amendment or revocation of any direction under clause 195.0.1 (1) (
a) or subsections 195.0.1 (6) or (7);
(
b) the
making, amendment or revocation of any order under clause 195.0.1 (1) (b); or
(
c) anything
done or not done in accordance with a direction or order referred to in clause
(
a) or (b).
remedy
(2) No
costs, compensation or damages, including for loss of revenue or profit or any
other alleged loss, whether direct or indirect, are owing or payable to any
person by a person referred to in subsection (1), and no remedy, including a
remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a
breach of trust or fiduciary obligation, any equitable remedy or any remedy
under any statute, is available to any person against any person referred to in
subsection (1) in connection with anything referred to in that subsection.
Proceedings
barred
(3) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (1) may be brought or maintained against any person
referred to in that subsection.
Application
(4) Subsections
(2) and (3) do not apply with respect to an application for judicial review or
a claim for a constitutional remedy, but do apply with respect to any other
court, administrative or arbitral proceeding claiming any remedy or relief,
including specific performance, an injunction, declaratory relief or the
enforcement of a judgment, order or award made outside Ontario.
costs awarded
(5) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
expropriation or injurious affection
(6) Nothing
referred to in subsection (1) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(7) This
section does not apply with respect to proceedings brought by the Crown.
establishment of private law right, duty
195.0.4 Nothing in
section
195.0.1 or any direction or order made under that
section establishes a private
law right or duty, including a private law duty of care or fiduciary duty,
owing to any person.
Regulations
re dealings with property
195.0.5 The Minister may make
regulations governing,
(
a) the use of a school site or other land acquired under
subsection 195 (1);
(
b) the
addition to, or erection, alteration, improvement or repair of, buildings under
section 195 or 195.0.1, including,
(
i) prescribing
conditions and requirements for the addition, erection, alteration, improvement
or repair,
(ii) prescribing the
circumstances in which a board shall give notice to the Minister or obtain the
Minister’s approval in respect of an addition to, or erection, alteration, improvement
or repair of, a building or any step in such work ,
(iii) prescribing
powers of a selected person or body for the purposes of clause 195.0.1 (4) (e).
Subsection 230.1 (2) of the Act is amended by striking out “appoint” and
substituting “select”.
(1) Subsection 230.3 (3) of the Act is repealed and the following
substituted:
Notice
of order
(3) If the Minister makes an order under subsection
(1),
(
a) the
order shall be promptly given to the secretary of the board;
(
b) the
Minister shall publish notice of the order in The Ontario
Gazette ; and
(
c) the
persons directed by the Minister to do so shall give notice of the order to the
persons specified by the Minister, in the form specified by the Minister.
(2) Subsections
230.3 (5) and (6) of the Act are repealed and the following substituted:
Notice
(5) At
the time the Minister provisionally exercises the power to make an order under
subsection (1), the Minister shall give written notice of the order to the
board setting out the Minister’s reasons for the order.
immediate threat
(6) If
the Minister provisionally exercised the power to make an order under
subsection (1) and is of the opinion that there is no longer an immediate
threat to a matter of public interest, the Minister shall,
(
a) revoke
the order; or
(
b) if
the Minister has concerns about any matter of public interest, the Minister
shall notify the board of the Minister’s reasons for the concerns and specify a
period for the board to respond to the reasons set out in the notice, which
shall be no less than 14 days.
Determination
to continue order
(7) If
the Minister provides notice to a board under clause (6) (b), the Minister
shall determine whether to continue the order after considering any response of
the board.
Notice
to secretary
(8) The
Minister shall promptly notify the secretary of the board of the Minister’s decision
under subsection (7).
further action
(9) If
the Minister decides to continue the order, no further action is required to
continue the order after the notice is provided to the secretary of the board
under subsection (8).
Revocation
of order
(10) If
the Minister decides not to continue the order, the Minister shall revoke it.
Regulations
(11) The
Lieutenant Governor in Council may make regulations prescribing circumstances
for the purposes of paragraph 3 of subsection (1).
Section 230.4 of the Act is repealed and the following substituted:
proceedings against board without leave of Minister
230.4
(1) Subject
to the regulations, after notice has been published in The Ontario Gazette under
clause 230.3 (3) (b),
(
a) no
proceeding against the board shall be commenced or continued in any court
without leave of the Minister; and
(
b) no
order of any court shall be enforced against the board without leave of the
Minister.
Suspension
of limitation period
(2) Subject
to subsection (3), where the commencement or continuance of any proceeding or
the enforcement of a court order is prevented under this section,
(
a) the
running of any limitation period relating to the proceeding or enforcement is
suspended until the Minister gives leave to commence or continue the proceeding
or to enforce the court order, as the case may be; and
(
b) the
person having the right to commence or continue the proceeding or to enforce
the court order shall, immediately after the leave is given, have the same
length of time within which to commence or continue the proceeding or enforce
the court order, as the case may be, as the person had when the notice was
published in The Ontario Gazette under clause
230.3 (3) (b).
Same
(3) Subsection
(2) does not apply unless application is made to the Minister for leave to
commence or continue the proceeding or to enforce the order within the relevant
limitation period and the Minister refuses to give the leave.
Effect
of order
(4) Subsection
(1) does not apply in relation to a board that is subject to an order under
subsection 230.3 (1) after the Minister makes an order of a type described in
clause 230.5.1 (2) (
b) or (
i) with respect to the board.
Regulations
(5) The Lieutenant Governor in
Council may make regulations,
(
a) prescribing
circumstances in which leave of the Minister is not required under clause 230.4
(1) (
a) or (b);
(
b) providing
that clause (1) (
a) does not apply in respect of any proceeding against a board
or that clause (1) (
b) does not apply in respect of any order of a court
against a board.
Sections 230.5.3, 230.5.4 and 230.5.5 of the Act are repealed and the following
substituted:
Variation
or cancellation of subsisting agreements
230.5.3 Where a board is
subject to an order under subsection 230.3 (1), the Minister may exercise the
powers of the board to enter into an agreement with any person with whom the
board has previously entered into an agreement or obligation that, or some term
or obligation of which, remains in whole or in part or in any manner to be
carried out by the board, for the amendment or cancellation of the subsisting
agreement or obligation.
Minister
to direct instrument issues
230.5.4
(1) Where a
board is subject to an order under subsection 230.3 (1), the Minister may
exercise the powers of the board under this or any other Act to require money
to be provided by the issue of instruments prescribed under clause 247 (3) (
f) of the board.
Issue
of instruments
(2) Where
a board is subject to an order under subsection 230.3 (1), the Minister may
provide for the issue of instruments prescribed under clause 247 (3) (
f) or may
authorize the sale of such instruments or the offering of such instruments as
security.
Minister
to have control over money and its application
230.5.5 Where a board is
subject to an order under subsection 230.3 (1), the Minister has full charge
and control over all money belonging to the board and received by any person
for or on its behalf and the money shall be deposited in one of the following
institutions, to be designated by the Minister:
1. A
bank listed in
Schedule I or II to the Bank Act
(Canada).
2. A
loan or trust corporation registered under the Loan and
Trust Corporations Act .
3. A
credit union as defined in the Credit Unions and Caisses
Populaires Act, 2020 .
(1) Subsections 230.15 (2) and (3) of the Act are repealed and the
following substituted:
Appointment
of Minister
(2) Where
a board is subject to an order under subsection 230.3 (1), the Minister may
appoint a person, who may be an officer or employee of the board, to exercise
the powers and perform the duties of the board that the Minister may provide,
and the person so appointed shall be paid the salary and allowed the expenses
that the Minister may determine.
(2) Section
230.15 of the Act is amended by adding the following subsection:
Indemnification
(5) Where
a board has become subject to an order made under subsection 230.3 (1), the
board shall indemnify any person appointed under subsection (2) against all
costs, charges and expenses, including an amount paid to settle an action or
satisfy a judgment, reasonably incurred by the individual in respect of any
civil, criminal, administrative, investigative or other proceeding in which the
person is involved as a direct or indirect result of that order.
The Act is amended by adding the following sections:
Board
vicariously liable
230.15.1
(1) If
a board is subject to an order under subsection 230.3 (1), any current or former member of the Executive Council, deputy
minister or employee, officer or agent of the Crown and any person appointed under subsection 230.15 (2) , is
deemed to be an officer of the board and not an employee, officer or agent of
the Crown, for the purposes of any cause of action against the person and any
claim for vicarious liability in relation to the person’s acts or omissions
under this
Part in managing or administering the affairs of the board.
personal liability
(2) No
cause of action arises against any individual referred to in subsection (1) for
any act done in good faith in the exercise or performance, or intended exercise
or performance, of the person’s powers, duties or functions under this Part or
for any alleged neglect, default or other omission in the exercise or
performance in good faith of those powers, duties or functions.
Board
vicariously liable
(3) Subsection
(2) does not relieve the board of liability to which it would otherwise be
subject as a result of the acts or omissions of an individual specified in
subsection (1).
Proceedings
barred
(4) No
proceeding shall be commenced against any individual specified in subsection
(1) in respect of a matter referred to in that subsection.
Proceedings
by Crown not prevented
(5) This
section does not apply with respect to proceedings brought by the Crown.
Extinguishment
of causes of action
230.15.2
(1) No cause of action arises
against the Crown or any current or former member of the Executive Council, deputy
minister, employee, officer or agent of or advisor to the Crown or any person
appointed under subsection 230.15 (2) as a direct or indirect result of,
(
a) the
giving, amendment or revocation of any direction under subsection 230.2 (1);
(
b) the
making, amendment or revocation of an order under subsection 230.3 (1) or an
order or rule under
section 230.8;
(
c) the
making, amendment or revocation of any appointment under subsection 230.15 (2);
(
d) anything
done or not done in accordance with a direction, order, rule or appointment
referred to in clauses (
a) to (c).
remedy
(2) No
costs, compensation or damages, including for loss of revenue or profit or any
other alleged loss, whether direct or indirect, are owing or payable to any
person by a person referred to in subsection (1), and no remedy, including a
remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a
breach of trust or fiduciary obligation, any equitable remedy or any remedy
under any statute, is available to any person against any person referred to in
subsection (1) in connection with anything referred to in that subsection.
Proceedings
barred
(3) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (1) may be brought or maintained against any person
referred to in that subsection.
Application
(4) Subsections
(2) and (3) do not apply with respect to an application for judicial review or
a claim for a constitutional remedy, but do apply with respect to any other
court, administrative or arbitral proceeding claiming any remedy or relief,
including specific performance, an injunction, declaratory relief or the
enforcement of a judgment, order or award made outside Ontario.
costs awarded
(5) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
expropriation or injurious affection
(6) Nothing
referred to in subsection (1) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(7) This
section does not apply with respect to proceedings brought by the Crown.
establishment of private law right, duty
230.15.3 Nothing in
this Part or any regulation, direction, order, rule or appointment made under
this Part establishes a private law right or duty, including a private law duty
of care or fiduciary duty, owing to any person.
The Act is amended by adding the following section:
Regulations
230.19.0.1
(1) The
Lieutenant Governor in Council may make regulations respecting the application
of this Act in respect of a board that is subject to a vesting order under
subsection 230.3 (1), including regulations,
(
a) varying
the application or operation of any provision of this Act in respect of the
board;
(
b) providing
that one or more provisions of this Act do not apply in respect of the board.
Conflict
(2) If
there is a conflict between a regulation made under subsection (1) and a
provision of this Act or of any other Act or regulation, the regulation made
under subsection (1) prevails.
Retroactive
regulations
(3) A
regulation made under subsection (1) is, if it so provides, effective with
reference to a period before it is filed.
(1) Subsection 232 (1) of the Act is amended by adding “Subject to
the regulations” at the beginning.
(2) Section
232 of the Act is amended by adding the following subsections:
Same
Minister’s approval of estimates
(5.1) A
board is required to obtain the Minister’s approval of its estimates in the
prescribed circumstances and, if such approval is required, the estimates
approved by the Minister are deemed to have been approved by the board for the
purposes of this
section unless otherwise specified by regulation.
Same
(5.2) The
Minister’s approval of a board’s estimates may be subject to any conditions
that, in the Minister’s opinion, are necessary or desirable, and the Minister
may require the board to comply with the conditions.
Same
(5.3) The
Minister may approve a board’s estimate under subsection (5.1) only if it would
result in the board being in compliance with subsections (3) and (4).
Same
(5.4) For
greater certainty, an approval of a board’s estimates under subsection
(5.1) does not constitute an approval of an in-year deficit as described in
subsection (5) or vice versa.
(3) Subsection
232 (6) of the Act is amended by striking out “and” at the end of clause (
b) and by adding the following clause:
(b.1) require boards to
submit any information specified by the Minister respecting the board’s
preparation and adoption of the estimates; and
(4) Section
232 of the Act is amended by adding the following subsection:
Regulations
(8) The
Minister may make regulations governing the preparation and adoption of the
estimates of boards’ revenues and expenses, including,
(
a) governing
the process for preparing and adopting the estimates, including the
responsibilities of the chief executive officer and the timelines to be
followed;
(
b) prescribing
requirements that must be satisfied before the estimates may be adopted;
(
c) prescribing
the circumstances in which the Minister’s approval of the estimates is
required;
(
d) prescribing
the circumstances in which the Minister is deemed to approve of the estimates.
Subsection 233 (3) of the Act is amended by adding the following clause:
(
d) prohibiting
a board from using revenue for the purposes specified in the regulations.
Section 233.1 of the Act is amended by striking out “The Minister, subject to
the approval of the Lieutenant Governor in Council, may” at the beginning and
substituting “The Lieutenant Governor in Council may”.
Divisions C and F of
Part IX of the Act are repealed.
(1) Subsection 266.2 (1) of the Act is repealed and the following
substituted:
Assignment
of numbers
(1) The
Minister may assign an Ontario education number to a person who has not already
been assigned one under this or any other Act if,
(
a) the
person or their parent or guardian has requested the assignment of an Ontario
education number for the person; or
(
b) the
person is enrolled in or seeks admission to be enrolled in a prescribed
educational or training institution.
(2) Paragraph
2 of subsection 266.2 (3) of the Act is repealed and the following substituted:
2. In
the case of a person described in clause (1) (b), prescribed educational and
training institutions.
(3) Paragraph 4 of subsection 266.2
(3) of the Act is repealed and the following substituted:
4. In
the case of a person described in clause (1) (b), prescribed entities that
co-ordinate a person’s enrolment in or admission to a prescribed educational or
training institution.
Section 280 of the Act is amended by adding the following subsection:
Dismissal
of director of education
(2) An
education unless the board has obtained the prior written approval of the
Minister.
The Act is amended by adding the following section:
Same,
283.0.1
(1) Despite
director of education is the chief executive officer of the board but is not
the chief education officer of the board.
Same
(2) The
board shall refer to the director of education as the chief executive officer
of the board for all purposes, including public communications.
The Act is amended by adding the following section:
Chief
education officer
283.0.1.1
(1) The
appoint an employee of the board as the chief education officer of the board.
Same
(2) The
director of education may be appointed under subsection (1) as the chief
education officer of a board.
Qualifications
(3) A
person shall not be appointed as the chief education officer under subsection
(1) unless the person is a member of the Ontario College of Teachers or has
equivalent qualifications as may be prescribed by regulation, and meets any
other qualifications as may be prescribed by regulation.
Regulations
(4) The
Minister may make regulations,
(
a) prescribing
the powers, duties, responsibilities and qualifications of chief education
(
b) governing
performance appraisals of chief education officers, including the frequency and
timing of appraisals and the standards, methods, processes, timelines and steps
to be followed and the input and material to be taken into account when
conducting the appraisals.
The Act is amended by adding the following sections:
Director
283.0.2
(1) The
of the board by virtue of office but is not entitled to exercise a binding vote
on any matter before the board or one of its committees.
Same
(2) Despite
school board shall not be considered to be a member of the board for the
purposes of clause 169.1 (1) (
h) and sections 218.1 and 218.2 or any other
provision that may be prescribed by regulation.
Regulations
(3) The
Lieutenant Governor in Council may make regulations prescribing provisions
under this or any other Act for which the director of education of an
board.
Confirmation
283.0.3
(1) The Minister
may make regulations prescribing,
(
a) the
district school board is required to be confirmed by the chair of the board,
director of education or any other prescribed board official, and the
circumstances in which such confirmation shall not be given;
(
b) the
rules and procedures for the confirmation of a resolution or motion;
(
c) the
form and manner of the confirmation of a resolution or motion and the records
to be kept of the resolution or motion in the minute books of the board.
Same
(2) If
a regulation is made under subsection (1) requiring the confirmation of a
board resolution or motion is not effective unless the confirmation has been made
in accordance with the regulation.
(1) The definition of “Commission” in subsection 294 (1) of the Act
is repealed.
(2) Subsection
294 (8) of the Act is amended by adding “and to the Minister” after “to the
group”.
(3) Subsection
294 (9) of the Act is repealed and the following substituted:
Referral
by group to the Minister
(9) On
receipt of a refusal and the reasons for it under subsection (8), the
French-language rights holder group may refer the matter to the Minister by
sending the Minister,
(
a) a
written request for consideration of the matter; and
(
b) the
written proposal of the group.
(4) Subsection
294 (10) of the Act is amended by striking out “the Commission” and
substituting “the Minister”.
The heading before
section 295 and
section 295 of the Act are repealed and the
following substituted:
Languages of
Instruction – Dispute Resolution
Duties
of the Minister
(1) The
Minister shall consider matters referred by a French-language rights holders
group under
section 294.
Person
to speak for group
(2) The
group shall name one of its members to act as its spokesperson.
Minister
response to referral under s. 294
(3) When
a matter is referred to the Minister by a French-language rights holders group,
the Minister shall,
(
a) promptly
select one or more mediators if the Minister considers that the furtherance of
the matter may be conducive to meeting the educational and cultural needs of
the French-speaking community; or
(
b) take
no further action if the Minister considers that the furtherance of the matter
is not conducive to meeting the educational and cultural needs of the
French-speaking community.
Notice
where no further action by Minister
(4) Where
the Minister takes no further action on a referral from a French-language
rights holder group, the Minister shall promptly send notice in writing of the decision,
with written reasons, to the school authority and the person named under
subsection (2).
Notice
where mediator selected
(5) Where
the Minister makes a selection under clause (3) (a), the Minister shall give to
each party the name and address of each mediator and of each party.
Parties
(6) The
following are the parties to the mediation:
1. The
school authority.
2. Where
the referral was from a French-language rights holder group, the person named
under subsection (3).
3. Any
other person specified by the Minister.
Section 296 of the Act is repealed and the following substituted:
Mediators
Duties
(1) The
mediator or mediators shall, after inquiring into the matter referred for
mediation and conferring with the parties, endeavour to bring about an
agreement and shall, within 21 days of being selected, report to the Minister
the agreement that has been reached, or the failure to bring about an
agreement.
Extension
of period of mediation
(2) The
period referred to in subsection (1) may be extended by the Minister or by
agreement of the parties to the mediation.
(1) Subsection 297 (1) of the Act is repealed and the following
substituted:
Duties
of Minister and of school authority
(1) Where the report of the mediator or
mediators to the Minister indicates failure to bring about an agreement, the
Minister shall consider and inquire into all pertinent aspects of the matter
referred to mediation and shall, within 21 days of the Minister’s receipt of
the report, recommend in writing a course of action that the Minister considers
appropriate to settle the matter and send copies of the recommendation to each
party to the mediation.
(2) Subsection
297 (2) of the Act is amended by striking out “the Commission” and substituting
“the Minister”.
Subsection 298 (1) of the Act is amended by striking out “the Commission” and
substituting “the Minister”.
(1) Subsection 299 (1) of the Act is repealed.
(2) Subsections
299 (2) and (3) of the Act are repealed and the following substituted:
Order
by Minister
(2) Where
a school authority does not resolve to implement the recommendation of the
Minister within the period of time mentioned in
section 297 or 298, as the case
requires, the Minister shall consider the report of the mediator and shall make
such order to the school authority or take such other action to deal with the
matter as the Minister considers appropriate in the circumstances.
Report
not binding on Minister
(3) The
report of the mediator is not binding on the Minister, and the Minister is not
required to give to any person an opportunity to make submissions or to be
heard before making an order under subsection (2).
(3) Subsection
299 (6) of the Act is repealed and the following substituted:
Service
of order
(6) An
order by the Minister under subsection (2) to a school authority is effective
according to its terms when a copy is served on the secretary of the school
authority.
Ottawa-Carleton
French-Language School Board Transferred Employees Act
The definition of “Commission” in subsection 1 (1) of the Ottawa-Carleton
French-Language School Board Transferred Employees Act is repealed.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Putting Student
Achievement First Act, 2026 receives Royal Assent.
(2) Section
8, subsections 9 (1) and (2) and sections 25 and 27 to 33 come into force on a
day to be named by order of the Lieutenant Governor in Council.
SCHEDULE 3
HIGHER EDUCATION QUALITY COUNCIL OF ONTARIO ACT, 2005
(1) Subsection 2 (3) of the Higher Education
Quality Council of Ontario Act, 2005 is repealed and the following
substituted:
Appointment
of members
(3) The
Council’s board of directors shall consist of not fewer than one and not more
than seven members all of whom shall be appointed by the Minister.
Deemed
appointment
(3.1) A
person who was a member of the board immediately before the day subsection 1
(1) of
Schedule 3 to the Putting Student Achievement First
Act, 2026 came into force is deemed to have been appointed by the
Minister.
(2) Subsections
2 (5) and (6) of the Act are repealed and the following substituted:
Ministry
representative
(5) The
board of directors may include one or more employees of the Government of
Ontario.
Section 3 of the Act is repealed.
The Act is amended by adding the following section:
Winding
7.1
(1) The
Council’s board shall prepare and adopt a plan, in accordance with any
directives issued under this section, for winding up the Council and
transferring its assets, liabilities, rights and obligations to the Crown in
right of Ontario or to an agency of the Crown.
Minister’s
directives
(2) The
minister may issue written directives to the Council’s board setting out,
(
a) matters
the Council’s board is required to address in the plan before it is adopted;
(
b) processes
the Council’s board must follow in preparing and adopting the plan;
(
c) specified
amendments to the plan once adopted; and
(
d) processes
the Council must follow in implementing the plan.
Board
to amend plan
(3) If
the Minister issues a directive under clause (2) (c), the Council’s board shall
update the plan as required by the directive.
Implementation
(4) The
Council shall wind up the affairs of the Council, and transfer its assets,
liabilities, rights and obligations, in accordance with,
(
a) the
plan, or if amendments are made to the plan, the amended plan; and
(
b) any
directives issued by the Minister under clause (2) (d).
Power
to transfer assets, etc.
(5) The
following provisions apply for the purposes of implementing a plan adopted or
amended under this section:
1. The
Council may transfer to the Crown in right of Ontario or to an agency of the
Crown any of its assets, liabilities, rights and obligations, without
consideration.
2. If
an agreement is the subject of a transfer under this section, it is deemed to
be assignable by the Council without consent of any party to the agreement.
3. The
Council may enter into such other agreements, execute such documents and
instruments, and do such other acts and things as the Council considers
necessary or advisable to effect a transfer referred to in this section.
Provisions
regarding a transfer of assets, etc.
(6) The
following provisions apply to transfers of assets, liabilities, rights and
obligations of the Council that are made pursuant to a plan adopted or amended
under this section:
1. The
transferred asset, liability, right or obligation of the Council continues as
the asset, liability, right or obligation of the recipient of the transfer.
2. A
transfer of an asset, liability, right or obligation of the Council to the
recipient of the transfer shall not constitute a change of control of the
Council in respect of the asset, liability, right or obligation.
3. A
transfer is deemed not to,
i. constitute
a breach, termination, repudiation or frustration of any agreement,
ii. constitute
a breach of any Act, regulation or municipal by-law,
iii. constitute
an event of default or force majeure,
iv. give
rise to a breach, termination, repudiation or frustration of any licence,
permit or other right,
v. give
rise to any right to terminate or repudiate an agreement, licence, permit or
other right, or
vi. give
rise to any estoppel.
4. Despite
any other Act that requires notice or registration of a transfer, a transfer is
binding on the recipient of the transfer and all other persons.
5. A
conviction against, or ruling, order or judgment in favour of or against the
Council may be enforced by or against the recipient of the transferred
conviction, ruling, order or judgment.
6. The
recipient of a transferred action is deemed to be the party plaintiff or the
party defendant, as the case may be, in any civil action commenced by or
against the Council before the date of the transfer.
Notices
(7) The
Council’s board shall provide such reports as the Minister may require from
time to time and shall notify the Minister, in writing, as soon as possible
after it has finished implementing the plan.
The Act is amended by adding the following section:
Final
annual report
8.1.1
(1) The
Minister shall prepare, and make available to the public, a final annual report
of the Council for the period that begins immediately after the period covered
by the last annual report made under
section 8 and ends on the day the Council
is dissolved.
Tabling
(2) The
Minister shall table the Council’s final annual report in the Assembly and
shall comply with such directives as may be issued by the Management Board of
Cabinet with respect to when to table it.
The Act is amended by adding the following sections:
Crown
liability
personal liability
8.3
(1) No cause
of action arises against any current or former member of the Executive Council
or employee or agent of the Crown for any act done in good faith in the
exercise or performance, or intended exercise or performance, of the person’s
powers, duties or functions under this Act or for any alleged neglect, default
or other omission in the exercise or performance in good faith of those powers,
duties or functions.
Crown
remains vicariously liable
(2) Despite
subsection 8 (3) of the Crown Liability and Proceedings
Act, 2019 , subsection (1) does not relieve the Crown of liability to
which it would otherwise be subject as a result of the acts or omissions of a
person specified in subsection (1).
liability for acts or omissions of others
(3) No
cause of action arises against the Crown or any person specified in subsection
(1) for
an act or omission of a person other than the Crown or a person
specified in that subsection, if the act or omission is related, directly or
indirectly, to the exercise or performance, or intended exercise or
performance, of a power, duty or function under this Act.
Employment,
etc. with the Council
(4) If
a person who is an employee or agent of the Crown is employed in or assigned to
or otherwise performs duties directly for the Council, the person is deemed to
be an employee of the Council and not an employee or agent of the Crown
specified in subsection (1) in relation to the person’s acts or omissions
arising from the employment, assignment or performance for the purposes of this
section and sections 8.4 and 8.5 as well as any claim for vicarious liability.
Proceedings
by Crown not prevented
(5) This
section does not apply with respect to proceedings brought by the Crown.
Council
liability
personal liability
8.4
(1) No cause
of action arises against any current or former member or employee of the
Council for any act done in good faith in the exercise or performance, or
intended exercise or performance, of the person’s powers, duties or functions
under this Act or for any alleged neglect, default or other omission in the
exercise or performance in good faith of those powers, duties or functions.
Council
vicariously liable
(2) Subsection
(1) does not relieve the Council of liability to which it would otherwise be
subject as a result of the acts or omissions of a person specified in
subsection (1).
Proceedings
by Crown not prevented
(3) This
section does not apply with respect to proceedings brought by the Crown.
Proceedings
barred
8.5
(1) No
proceeding shall be commenced,
(
a) against
any person specified in subsection 8.3 (1) in respect of a matter referred to
in that subsection;
(
b) against
the Crown or any person specified in subsection 8.3 (1) in respect of a matter
referred to in subsection 8.3 (3); or
(
c) against
any person specified in subsection 8.4 (1) in respect of a matter referred to
in that subsection.
Same
(2) Subsection
(1) does not apply with respect to an application for judicial review or any
proceeding that is specifically provided for under this Act, but does apply
with respect to any other court, administrative or arbitral proceeding claiming
any remedy or relief, including specific performance, an injunction,
declaratory relief, a remedy in contract, restitution, unjust enrichment or
tort, a remedy for breach of trust or fiduciary obligation or any equitable
remedy, enforcement of a judgment, order or award made outside Ontario or any
form of compensation or damages including loss of revenue or profit.
Proceedings
by Crown not prevented
(3) This
section does not apply with respect to proceedings brought by the Crown.
The Act is amended by adding the following section:
Dissolution
8.6 The Council is
dissolved and all of its assets, liabilities, rights and obligations are
transferred to and vested in the Crown in right of Ontario.
Section 9 of the Act is repealed.
Repeals
The Act is repealed.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Putting Student
Achievement First Act, 2026 receives Royal Assent.
(2) Sections
6 to 8 come into force on a day to be named by order of the Lieutenant Governor
in Council.
SCHEDULE 4
ONTARIO COLLEGE OF TEACHERS ACT, 1996
(1) Paragraph 19 of subsection 40 (1) of the Ontario
College of Teachers Act, 1996 is repealed and the following substituted:
19. respecting
accreditation of professional teacher education programs offered by
post-secondary educational institutions;
19.1 respecting
accreditation of ongoing education programs for teachers offered by
post-secondary educational institutions and other bodies;
(2) Section
40 of the Act is amended by adding the following subsections:
Accreditation
of programs offered by post-secondary educational institutions
(1.1) Without
limiting the generality of paragraph 19 of subsection (1), a regulation made
under that paragraph may,
(
a) specify
the timing and duration of professional teacher education programs;
(
b) require
areas of study to be included in professional teacher education programs,
including the manner of delivery of such areas of study;
(
c) establish
criteria respecting any practical experience that is to be included in
professional teacher education programs, including its duration;
(
d) provide
for any transitional matters in connection with the implementation of changes
to accreditation of professional teacher education programs; and
(
e) address
any other matter relating to the design, delivery or learning outcomes of
professional teacher education programs.
Application
of accreditation requirements
(1.2) A
regulation made under paragraph 19 of subsection (1) applies in respect of a
post‑secondary educational institution despite any provision of any other
Act that grants the institution authority to determine, regulate or govern its
own programs,
curricula, academic standards or related educational matters.
Same
(1.3) For
greater certainty, the accreditation requirements set out in a regulation made
under paragraph 19 of subsection (1) prevail in the event of a conflict with
any decision, by‑law or policy of a senate or other academic governing
body of a post‑secondary educational institution.
Commencement
This
Schedule comes into force on the day the Putting
Student Achievement First Act, 2026 receives Royal Assent.
SCHEDULE 5
SCHOOL BOARDS COLLECTIVE BARGAINING ACT, 2014
(1) The definition of “association
d’employeurs” in the French version of subsection 2 (1) of the School Boards Collective Bargaining Act, 2014 is amended
by striking out “, l’Ontario Catholic School Trustees’ Association ou l’Ontario
Public School Boards’ Association” and substituting “ou le CODE”.
(2) Subsection
2 (1) of the Act is amended by adding the following definition:
“CODE”
means the corporation named, or previously named, the Council of Ontario
Directors of Education; (“CODE”)
(3) The
following definition:
“employers’
association” means l’Association des
conseils scolaires des écoles publiques de l’Ontario, l’Association
franco-ontarienne des conseils scolaires catholiques or the CODE; (“association
d’employeurs”)
(4) The
(1) of the Act is repealed.
(5) Subsection
2 (4) of the Act is repealed and the following substituted:
School
board as employer
(4) Nothing
in this Act nor anything done under this Act has the effect of,
(
a) changing
the status of a school board as the employer of its employees; or
(
b) making
any other person, including an employer bargaining agency or the Crown, an
employer of an employee of a school board for any purpose, including for the
purposes of this Act, the Labour Relations Act, 1995 ,
the Occupational Health and Safety Act , the Employment Standards Act, 2000 or any other Act, or at
common law or in equity.
“a trustees’ association” at the end and substituting “an employers’
association”.
striking out “trustees’ associations” wherever it appears and substituting in
each case “employers’ associations”.
(1) Paragraphs 3 and 4 of subsection 21 (1) of the Act are repealed
and the following substituted:
3. The
CODE is, with respect to all bargaining units, the employer bargaining agency
for,
i. every
ii. every
iii. every
board established under
section 68 of the Education Act .
(2) The
striking out “trustees’ associations” and substituting “employers’
associations”.
(3) The
out “a trustees’ association” wherever it appears and substituting in each case
“an employers’ association” and by striking out “trustees’ associations” and
substituting “employers’ associations”.
(4) Subsection
21 (4) of the Act is amended by adding “subject to, in the case of the CODE, a
by-law referred to in subsection 52 (3) or a regulation made under clause 54
(1) (b)” at the end.
(5) The
trustees’ association” at the beginning and substituting “An employers’
association”.
(6) The
striking out “trustees’ associations” wherever it appears and substituting in
each case “employers’ associations”.
(7) The
“trustees’ association” and substituting “employers’ association”.
(8) The
“trustees’ associations” wherever it appears and substituting in each case
“employers’ associations”.
(9) The
trustees’ association” and substituting “an employers’ association” and by
striking out “the trustees’ association” and substituting “the employers’
association”.
(10) Section
21 of the Act is amended by adding the following subsection:
Same
(10.1) The
school board to pay fees to the Ontario Catholic School Trustees’ Association,
relating to the association’s activities under this Act, and the regulation may
provide for the matters referred to in paragraphs 1 and 2 of subsection (10).
(11) Subsection
21 (11) of the Act is amended by adding “subject to, in the case of the CODE, a
by-law referred to in subsection 52 (3) or a regulation made under clause 54
(1) (b)” at the end.
(12) Subsection
21 (12) of the Act is repealed and the following substituted:
Information
re use of funds
(12) The
Minister may require an employers’ association or the Ontario Catholic School
Trustees’ Association to provide to the Minister, in the form and manner
specified, such information as he or she requests regarding the use of the
following funds:
1. Funds
granted to the employers’ association pursuant to a regulation made under
section 234 of the Education Act .
2. Fees
paid to the employers’ association pursuant to a regulation made under
subsection (10) or to the Ontario Catholic School Trustees’ Association
pursuant to a regulation made under subsection (10.1).
3. Direct
payments made under transfer payment agreements with the Crown, as represented
by the Minister.
(13) Section
21 of the Act is amended by adding the following subsection:
Transition
(13) The
Ontario Public School Boards Association and the Ontario Catholic School
Trustees’ Association are deemed to be employers’ associations for the purposes
of subsection (12) with respect to funds granted or paid to them before the day
on which subsection 4 (12) of
Schedule 5 to the Putting
Student Achievement First Act, 2026 came into force.
(1) Section 22 of the Act is amended by adding the following
subsection:
Substitution
if employer bargaining agency unable, etc., to act
Application
(0.1) In
this section, reference to an employers’ association only includes reference to
l’Association des conseils scolaires des écoles publiques de l’Ontario and l’Association
franco-ontarienne des conseils scolaires catholiques.
(2) The
trustees’ association” wherever it appears and substituting in each case “an
employers’ association” and by striking out “the trustees’ association”
wherever it appears and substituting “the employers’ association”.
The Act is amended by adding the following section:
Substitution
if CODE unable, etc., to act
22.1
(1) If, in
the Minister’s opinion, the CODE is unable or unwilling to exercise its rights
and privileges or perform its duties as an employer bargaining agency under
this Act, the Minister may, by regulation, designate a person or a body of
persons or establish a body of persons to exercise the rights and privileges
and perform the duties on its behalf until central bargaining is completed.
Same
(2) If
the CODE is a member of a council designated by or under
section 21 and, in the
Minister’s opinion, is unable or unwilling to exercise its rights and
privileges or perform its duties as a member of the council, the Minister may,
by regulation, designate a person or a body of persons or establish a body of
persons to exercise the rights and privileges and perform the duties on its
behalf until central bargaining is completed.
Regulations
(3) The
regulation under subsection (1) or (2) may also,
(
a) if
it establishes a body of persons, provide for the composition of the body;
(
b) if
it designates a corporation or a body of persons or establishes a body of
persons, provide for the establishment, composition and election of a
negotiating committee by members of the corporation or body;
(
c) establish
policies and procedures for the effective exercise of the person’s or body’s
rights and privileges and performance of the person’s or body’s duties as an
employer bargaining agency under this Act;
(
d) if
it designates or establishes a body of persons, establish any voting process to
be used by the body in respect of central bargaining, which process need not be
consistent with subsection 21 (4);
(
e) authorize
or require the CODE, or a school board represented by the CODE, or both, to
provide services to the person or body of persons;
(
f) authorize
or require the payment of fees to the person or body by the CODE or by a school
board represented by the CODE, or by both;
(
g) specify
the manner of determining the amount of the fees, if any, payable to the person
or body and specifying other matters respecting the payment of the fees.
(1) Subsection 25 (1) of the Act is amended by striking out “or the
Ontario Catholic School Trustees’ Association”.
(2) Subsection
25 (2) of the Act is amended by striking out “A council member referred to in
subsection (1)” at the beginning and substituting “L’Association
franco-ontarienne des conseils scolaires catholiques” .
(3) Subsection
25 (4) of the Act is amended by striking out “the council member that gave the
notice” and substituting “l’Association franco-ontarienne des conseils
scolaires catholiques”.
The Act is amended by adding the following section:
Denominational
25.1
(1) This
section applies to central bargaining at a particular central table if the
employee bargaining agency represents one or more bargaining units at an
Role
of the OCSTA
(2) The
Ontario Catholic School Trustees’ Association is entitled to observe central
bargaining at the central table but when doing so shall comply with any
conditions imposed collectively by the employer bargaining agency and the
Crown, which may include,
(
a) a
restriction on the number of persons who may attend bargaining sessions; or
(
b) requirements
to maintain the confidentiality of bargaining discussions.
Notice
re prejudicial effect
(3) The
Ontario Catholic School Trustees’ Association may give written notice to the
parties at the central table and to the Crown that a particular matter or
proposal that is the subject of central bargaining may prejudicially affect the
denominational rights and privileges referred to in subsection 1 (3).
Agreement
re: central, local bargaining
(4) Upon
receiving the notice, the parties and the Crown may agree to exclude the matter
or proposal from central bargaining and may agree to make the matter or
proposal the subject of local bargaining.
Application
to Ontario Labour Relations Board
(5) If
the matter or proposal is not excluded from central bargaining, the Ontario
Catholic School Trustees’ Association may apply to the Ontario Labour Relations
Board to decide the issue.
Parties
(6) The
Ontario Catholic School Trustees’ Association, the Crown, the employer
bargaining agency, the employee bargaining agency and such other persons and
entities as the Board considers appropriate may participate in a proceeding
under subsection (5).
Proceeding
(7) Subsections
25 (6) to (9) apply with respect to proceedings relating to an application
under this section.
Dismissal
(8) The
Board may dismiss an application brought under subsection (5) if, in the
opinion of the Board, the Ontario Catholic School Trustees’ Association failed
to give a timely notice under subsection (3) or make a timely application under
subsection (5).
“a trustees’ association” and substituting “an employers’ association” and by
striking out “trustees’ associations” and substituting “employers’
associations”.
(1) Section 39 of the Act is amended by adding the following
subsection:
Ratification,
(2.1.1) A
memorandum of settlement of local terms shall only be considered to have been
by the board’s director of education as well as, in the case of an
trustees.
(2) Subsection
39 (4) of the Act is amended by adding “subject to, in the case of the CODE, a
by-law referred to in subsection 52 (3) or a regulation made under clause 54
(1) (b)” at the end.
(1) Section 43.1 of the Act is amended by striking out “and” at the
end of clause (
a) and by adding the following clause:
(a.1) govern
any transitional matters that may arise out of amendments that are made to any
other Act and that could affect collective bargaining or collective agreements
under this Act; and
(2) Clause
43.1 (
b) of the Act is amended by striking out “central”.
Sections 51 to 56 of the Act are repealed and the following substituted:
The CODE as Employer
Bargaining Agency
Interpretation,
sections 52 to 57
(1) In
sections 52 to 57,
“committee”
means the committee established under subsection 52 (1); (“comité”)
“OCSTA”
means the Ontario Catholic School Trustees’ Association; (“OCSTA”)
“OPSBA”
means the Ontario Public School Boards’ Association. (“OPSBA”)
Same
(2) For
the purposes of sections 52 to 57, the role, including any privileges, rights
or duties, of an employer bargaining agency is deemed to include the role,
including any privileges, rights or duties, of a member of a council of
employers’ associations that is designated as an employer bargaining agency.
CODE
bargaining committee
(1) There
shall be a committee within the CODE whose object is to oversee and direct the
CODE’s activities as an employer bargaining agency.
By-laws
(2) The
committee may make by-laws necessary or incidental to carrying out its object.
Copy
to minister
(3) The
committee shall provide a copy of any new or amended by-law to the Minister as
soon as possible after the by-law is made or amended.
Same
(4) The
committee shall provide to the Minister a copy of any of its by-laws at the
request of the Minister.
By-laws
respecting process
(5) Subject
to any process established by the regulations and without limiting the
generality of subsection (2), a by-law of the committee may specify the process
by which the CODE exercises any of its rights or privileges under this Act or
performs any of its duties under this Act, which need not require voting and,
even where voting is required, need not comply with subsection 21 (4).
Conflict
(6) In
the event of a conflict between a by-law of the committee and one of the CODE’s
by-laws or its articles, the by-law of the committee prevails.
By-laws
(7) The
Minister may, by order, establish the committee’s by-laws or amend or replace
the committee’s by-laws.
Not
a crown agent
(8) The
CODE and, for greater certainty, the committee is not an agent of the Crown and
shall not hold itself out as such.
Same
(9) Subsection
(8) applies regardless of the manner in which the members of the committee were
elected or appointed.
Order
not regulation
(10) Part
III of the Legislation Act, 2006 does not apply to
an order of the Minister under subsection (7).
Transition
between associations
Duty
to cooperate
(1) The
CODE and the OPSBA and the CODE and the OCSTA shall co-operate in good faith
and do anything necessary to ensure that the CODE may effectively assume its
role as employer bargaining agency under
section 21.
Order
to facilitate transfer
(2) The
Minister may, by order, require the OPSBA or the OCSTA to do anything that, in
the opinion of the Minister, would facilitate the effective assumption by the
CODE of the role of employer bargaining agency under
section 21.
Same,
other functions
(3) The
Minister may, by order, require the OPSBA or the OCSTA to do anything that, in
the opinion of the Minister, would facilitate the effective assumption by the
CODE of any other function that may have been carried out by the OPSBA or the OCSTA
school board, including, despite subsection 3 (1), employees who are not
represented by a bargaining agent and employees to whom this Act does not
otherwise apply.
Scope
of orders
(4) Without
limiting the generality of subsections (2) and (3), the Minister may order
under those subsections the transfer of rights, powers, duties, property,
contracts, employees, money, information or records of the OPSBA or the OCSTA
to the CODE.
breach
(5) Disclosure
of any information as required under a Minister’s order under subsection (2) or
(3) does not constitute a breach of any agreement to which the OPSBA or the
OCSTA is a party.
Provision
of information despite privilege
(6) The
OPSBA or the OCSTA shall comply with any requirement to provide information
under a Minister’s order under subsection (2) or (3) even if the information
required to be provided is privileged or confidential.
waiver of privilege
(7) A
disclosure under subsection (6) does not constitute a waiver of privilege.
Notices
of desire to bargain
(8) Subject
to subsection (12), a notice of desire to bargain given to or by the OPSBA or
the OCSTA under
section 16 or 59 of the Labour Relations
Act, 1995 is, if the bargaining in respect of which the notice was given
has not yet concluded on the transition day, deemed to have been given to or by
the CODE.
Ongoing
proceedings
(9) The
OPSBA’s or the OCSTA’s status as a party or an intervenor in any proceeding
referred to in subsection (10) is transferred to the CODE if the proceeding is
ongoing on the transition day and the OPSBA or the OCSTA, as the case may be,
was participating in the proceeding in its former role as an employer
bargaining agency.
Same
(10) Subsection
(9) applies with respect to,
(
a) any
proceeding under this Act or the Labour Relations Act,
1995 , other than a proceeding excluded from the application of
subsection (9) by the regulations; and
(
b) any
prescribed proceeding.
Orders,
etc.
(11) An
order, judgment, or other adjudication that, on transition day, is binding on
the OPSBA or the OCSTA in its former role as an employer bargaining agency is
binding on the CODE.
Actions
taken by former association
(12) The
CODE may cancel any decision made or measure taken by the OPSBA or the OCSTA on
or after April 13, 2026 and shall do so if the committee, after having
determined that the decision or measure could frustrate the purposes of the
amendments made to this Act by
Schedule 5 to the Putting
Student Achievement First Act, 2026 , directs the CODE to do so.
Definition
(13) In
this section,
“transition
day” means the day on which
section 12 of
Schedule 5 to the Putting Student Achievement First Act, 2026 comes into
force.
Regulations
re CODE
(1) The
Minister may make regulations,
(
a) governing
the committee, including its composition and its role and authority within the
CODE;
(
b) specifying
the process by which the CODE exercises any of its rights or privileges under
this Act or performs any of its duties under this Act, which need not require
voting and, even where voting is required, need not comply with subsection 21
(4);
(
c) requiring
the CODE to provide information or reports to specified persons;
(
d) excluding
proceedings from the application of subsection 53 (9) or prescribing
proceedings for the purposes of clause 53 (10) (b);
(
e) governing
the use of any funds provided to the CODE pursuant to a regulation made under
subsection 21 (10).
Same
(2) Without
limiting the generality of clause (1) (a), a regulation made under that clause
may permit persons who are not members of the CODE to be a member of the
committee.
Conflict
(3) In
case of a conflict or an inconsistency between a regulation made under
subsection (1) and the CODE’s by-laws or articles or the committee’s by-laws,
the regulation prevails.
Crown
liability
personal liability
(1) No
cause of action arises against any current or former member of the Executive
Council, deputy minister or employee or agent of the Crown for any act done in
good faith in the exercise or performance, or intended exercise or performance,
of the person’s powers, duties or functions under sections 52 and 53 or a
regulation made under subsection 54 (1) or for any alleged neglect, default or
other omission in the exercise or performance in good faith of those powers,
duties or functions.
Crown
remains vicariously liable
(2) Despite
subsection 8 (3) of the Crown Liability and Proceedings
Act, 2019 , subsection (1) does not relieve the Crown of liability to
which it would otherwise be subject as a result of the acts or omissions of a
person specified in subsection (1).
liability for acts or omissions of others
(3) No
cause of action arises against the Crown or any person specified in subsection
(1) for
an act or omission of a person other than the Crown or a person
specified in that subsection, if the act or omission is related, directly or
indirectly, to the exercise or performance, or intended exercise or
performance, of a power, duty or function under sections 52 and 53 or a
regulation made under subsection 54 (1).
Proceedings
by Crown not prevented
(4) This
section does not apply with respect to proceedings brought by the Crown.
Trustees’
associations’ liability
personal liability
(1) No
cause of action arises against any current or former director, officer, member
or employee of the CODE, the OPSBA or the OCSTA for any act done in good faith
in the exercise or performance, or intended exercise or performance, of the
person’s powers, duties or functions under sections 52 and 53 or a regulation
made under subsection 54 (1) or for any alleged neglect, default or other
omission in the exercise or performance in good faith of those powers, duties
or functions.
Trustees’
association vicariously liable
(2) Subsection
(1) does not relieve the CODE, the OPSBA or the OCSTA of liability to which it
would otherwise be subject as a result of the acts or omissions of a person
specified in subsection (1).
Proceedings
by Crown not prevented
(3) This
section does not apply with respect to proceedings brought by the Crown.
Proceedings
barred
(1) No
proceeding shall be commenced,
(
a) against
any person specified in subsection 55 (1) in respect of a matter referred to in
that subsection;
(
b) against
the Crown or any person specified in subsection 55 (1) in respect of a matter
referred to in subsection 55 (3); or
(
c) against
any person specified in subsection 56 (1) in respect of a matter referred to in
that subsection.
Same
(2) Subsection
(1) does not apply with respect to an application for judicial review or any
proceeding that is specifically provided for under this Act, but does apply
with respect to any other court, administrative or arbitral proceeding claiming
any remedy or relief, including specific performance, an injunction,
declaratory relief, a remedy in contract, restitution, unjust enrichment or
tort, a remedy for breach of trust or fiduciary obligation or any equitable
remedy, enforcement of a judgment, order or award made outside Ontario or any
form of compensation or damages including loss of revenue or profit.
Proceedings
by Crown not prevented
(3) This
section does not apply with respect to proceedings brought by the Crown.
Consequential
Amendments
Education Act
(1) Subsection 218.3 (4) of the Education Act
is amended by striking out “following consultation with each trustees’
association identified in the definition of that term in subsection 2 (1) of
the School Boards Collective Bargaining Act, 2014 ”
at the end and substituting “following any consultation required by the
regulations”.
(2) Section
218.3.3 of the Act is amended by adding the following clause:
(d.1) prescribing
any consultation required for the purposes of subsection 218.3 (4);
Public
Sector Salary Disclosure Act, 1996
subsection 2 (1) of the Public Sector Salary Disclosure
Act, 1996 is amended by striking out “trustees’ association” and
substituting “employers’ association”.
Commencement
This
Schedule comes into force on the day the Putting
Student Achievement First Act, 2026 receives Royal Assent.
Bill 101 As Amended by Standing Committee (PDF)
This
reprint of the Bill is marked to indicate the changes that were made in
Committee.
The
changes are indicated by underlines for
new text and a strikethrough for deleted text.
______________
EXPLANATORY
NOTE
SCHEDULE 1
CHILD CARE AND EARLY YEARS ACT, 2014
The
Schedule makes the following amendments to the Child Care
and Early Years Act, 2014 :
1. The
Minister is given additional power to support operators of child care and early
years programs and services and service system managers.
2. The
Minister is given power to assign an Ontario education number to a child who
has not already been assigned one, if requested to do so by the child’s parent.
SCHEDULE 2
EDUCATION ACT
The
Schedule amends the Education Act . Among the
amendments are the following:
1. The
Minister is given power to establish policies and guidelines,
i. for
the assessment of student achievement,
ii. respecting
board expense policies,
iii. related
to the use of educational materials in instruction, and
iv. related
to boards’ public communications.
2. Paragraph
31 of subsection 8 (1) and subsections 169.1 (2.1) and (2.2) of the Act are
repealed, removing the Minister’s power to establish policies and guidelines
respecting school climate surveys and the related requirement that boards use
those surveys to collect information from pupils, staff, parents and guardians
to monitor and evaluate the policies.
3. The
existing regulation-making powers respecting school board controlled entities
is amended to require the Minister’s approval regarding such entities in
certain circumstances.
4. Currently,
the number of members on district school boards is determined under the Act,
subject to the regulations. The amendments provide that the number provided for
in the regulations shall be between 5 and 12.
5. Amendments
are also made respecting the regulation-making powers relating to honoraria for
members of boards.
6. The
Schedule amends
section 195 of the Act to require a board to obtain the
Minister’s approval before acquiring a school site or other land. A new process
is established under which a board must submit a request for the Minister’s
approval to acquire land or to apply for approval to expropriate land, and the
Minister must respond within a prescribed time period, if any.
7. Amendments
are made to subsections 195 (4), (5) and (6) of the Act to expand
the types of work to which the provisions apply, including additions,
alterations, improvements and repairs. New subsections 195 (7) to
(9) permit the Minister to establish policies respecting the use of school
sites , the requirements for
obtaining Minister’s approvals and the addition to, or erection,
alteration, improvement or repair of, buildings.
8. New
section 195.0.1 authorizes the Minister to give directions to a board, or
to select a person or body to take control of the management of an addition to,
or erection, alteration, improvement or repair of, a building, if the Minister
is of the opinion that the board has not complied or is unlikely to comply with
policies or regulations. The powers and obligations of a selected person or
body, the board’s duty to co ‑ operate and the Minister’s authority to issue directions
are set out. The Minister may also require the board to pay fees and expenses
incurred in relation to an order made under the section.
9. Currently,
the Act provides that where a board is subject to a vesting order, the ability
of the board to enter into certain agreements or approve of the issuing of
certain instruments is subject to the approval of the Minister. The
Schedule
amends the Act to provide that only the Minister, exercising the powers of the
board, may enter into such agreements or require the issuing of such
instruments. Related amendments are made, including to regulation-making
powers. The Act is also amended to require certain procedural steps to be taken
when the Minister provisionally exercises the power to make a vesting order.
10. Provisions
are added respecting the situations where a board is required to obtain the
Minister’s approval of its estimates.
11. Divisions
C and F of
Part IX of the Act are repealed.
12. The
Minister is given power to assign an Ontario education number to a child who
has not already been assigned one, if requested to do so by the child’s parent
or guardian.
13. Various
district school boards. The director of education in such a board is the chief
executive officer of the board and shall be referred to by the board as the
chief executive officer of the board for all purposes. The director of
education is required to appoint a chief education officer. The director of
education is a member of the board but is not entitled to exercise a binding
vote.
14. Currently,
the Act sets out certain processes that apply when French-language rights
holders groups seek to develop proposals under
section 294 of the Act. The
Schedule amends the processes to provide for the Minister to perform the roles
currently assigned to the Languages of Instruction Commission of Ontario and to
make other related and consequential amendments. The
Schedule also repeals the
provisions in the Act that provide for the continuation of the Commission.
15. Provisions
are added respecting the personal liability of various persons, establishing
vicarious liability and extinguishing certain causes of action.
16. Various
related and consequential amendments are made.
SCHEDULE 3
HIGHER EDUCATION QUALITY COUNCIL OF ONTARIO ACT, 2005
The
Schedule amends the Higher Education Quality Council of
Ontario Act, 2005 . The board of the Council’s composition and
appointment requirements in
section 2 of the Act are amended and new subsection
2 (3.1) provides for certain members to have been deemed appointed by the
Minister. New
section 7.1 of the Act provides for the winding up of the Council
and new
section 8.6 of the Act provides for the dissolution of the Council. New
section 8.1.1 of the Act provides that the Minister is required to prepare the
final annual report of the Council. New sections 8.3 to 8.5 of the Act set out
the rules respecting liability and proceedings. The
Schedule also provides for
the repeal of the Act on a day to be named by order of the Lieutenant Governor
in Council.
SCHEDULE 4
ONTARIO COLLEGE OF TEACHERS ACT, 1996
The
Schedule amends
section 40 of the Ontario College of
Teachers Act, 1996 to separate the regulation-making authority
respecting accreditation of professional teacher education programs from the
authority respecting accreditation of ongoing education programs for teachers.
The amendments provide that regulations made in respect of accreditation of
professional teacher education programs may specify requirements such as
timing, areas of study, delivery and practical experience and set out that such
accreditation requirements apply despite any authority of post ‑ secondary educational
institutions over their academic programs and prevail over decisions of their
academic governing bodies.
SCHEDULE 5
SCHOOL BOARDS COLLECTIVE BARGAINING ACT, 2014
The
Schedule amends the School Boards Collective Bargaining
Act, 2014 . Among the amendments are the following:
1. Currently,
Section 21 of the Act designates the Ontario Catholic School Trustees’
Association (or “OCSTA”) as the employer bargaining agency for every
units. It also designates the Ontario Public School Boards’ Association (or
district school board and every board established under
section 68 of the Education Act with respect to all bargaining units.
Section 21 of the Act is amended to instead designate the Council of Ontario
Directors of Education (or “CODE”) as the employer bargaining agency for all of
these boards and with respect to all bargaining units.
2. A
new
section 52 provides for a committee within the CODE whose object is to
oversee and direct CODE’s activities as an employer bargaining agency. The
process by which CODE exercises any of its rights or privileges under the Act
or performs any of its duties under the Act may be specified by a regulation
made by the Minister or, in the absence of such regulation, by a by-law of the
committee. This process need not require voting and, even where voting is
required, need not comply with subsection 21 (4) of the Act. A new
section 53
provides for transitional matters related to the transfer of the role of
employer bargaining agency from the OCSTA to the CODE and from the OPSBA to the
CODE. In particular, the Minister is authorized to make orders to facilitate
the effective assumption by the CODE of the role of employer bargaining agency.
A new
section 54 provides the Minister with various regulation-making
authority, including the authority to make regulations governing the committee
within the CODE. New sections 55 to 57 limit personal liability in relation to
the exercise of powers, duties or functions under sections 52 and 53 or a
regulation made under
section 54.
3. A
new
section 22.1 authorizes the Minister to, by regulation, take certain
measures to enable a different person or body of persons to exercise the CODE’s
rights and privileges and perform its duties under the Act as an employer
bargaining agency or as the member of a council designated by or under
section
21 of the Act if the Minister is of the opinion that the CODE is unable or
unwilling to exercise those rights and privileges or perform those duties.
4. A
new
section 25.1 of the Act provides that the OCSTA is entitled to observe
central bargaining at a central table if the relevant employer bargaining
district school board. This new
section provides for a process by which
particular matters or proposals that are the subject of central bargaining may
be made the subject of local bargaining if the OCSTA gives notice that the
matter or proposal may prejudicially affect denominational rights and
privileges. Authority is vested in the Minister to, by regulation, require
relating to the OCSTA’s activities under the Act.
5. A
association” with the term “employers’ association”.
Bill 101 2026
Act to amend various Acts in respect of education and child care
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Child
Care and Early Years Act, 2014
Schedule 2
Education
Act
Schedule 3
Higher
Education Quality Council of Ontario Act, 2005
Schedule 4
Ontario
College of Teachers Act, 1996
Schedule 5
School
Boards Collective Bargaining Act, 2014
His
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3 and
the Schedules to this Act.
Commencement
(1) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by order of the Lieutenant Governor in Council, an
order may apply to one or more of those provisions, and orders may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Putting
Student Achievement First Act, 2026 .
SCHEDULE 1
CHILD CARE AND EARLY YEARS ACT, 2014
Subsection 54 (1) of the Child Care and Early Years Act,
2014 is amended by striking out “and” at the end of clause (b), by
adding “and” at the end of clause (
c) and by adding the following clause:
(
d) provide
services to support operators of child care and early years programs and
services and service system managers in carrying out their functions and duties
under this Act.
(1) Subsection 72 (1) of the Act is repealed and the following
substituted:
Assignment
of numbers
(1) The
Minister may assign an Ontario education number to a child who has not already
been assigned one under this or any other Act if,
(
a) the
child’s parent has requested the assignment of an Ontario education number for
the child; or
(
b) the
child is registered or seeks to be registered in,
(
i) a
program or service that includes the provision of licensed child care, or
(ii) an
early years program or service prescribed by the regulations.
(2) Subsection
72 (3) of the Act is repealed and the following substituted:
Same
(3) Subsection
(2) applies to,
(
a) the
Minister; and
(
b) in
the case of a child described in clause (1) (b), persons who provide or operate
programs and services described in subclauses (1) (b) (
i) and (ii).
Commencement
This
Schedule comes into force on the day the Putting
Student Achievement First Act, 2026 receives Royal Assent.
SCHEDULE 2
EDUCATION ACT
Section 1 of the Education Act is amended by adding
the following subsection:
Digital
materials
(1.2) For
greater certainty, a reference in this Act or the regulations to educational
materials, such as textbooks and other learning materials, includes digital
textbooks and learning materials.
(1) Paragraph 3.3 of subsection 8 (1) of the Act is repealed and the
following substituted:
policies, guidelines: assessment of student achievement
3.3 establish
policies and guidelines for the assessment of student achievement with respect
to pupils attending schools under the jurisdiction of a board and require
boards to comply with the policies and guidelines;
(2) Paragraph
3.7 of subsection 8 (1) of the Act is repealed and the following substituted:
policies
and guidelines: school board expense policies
3.7 establish
and require boards to comply with policies and guidelines governing board
expense policies, including policies and guidelines that,
i. specify
key principles and other content that must be included in board expense
policies, and
ii. set
out requirements relating to discretionary spending, travel, meal and
hospitality expenses and membership fees, including defining those terms,
specifying the expenses that may be reimbursed and prohibiting the reimbursement
of expenses for specified persons or purposes;
(3) Subsection
8 (1) of the Act is amended by adding the following paragraph:
policies and guidelines: educational materials
7.1 establish
and require boards to comply with policies and guidelines,
i. respecting
the use of educational materials approved under paragraph 6, such as textbooks
and other learning materials, in instruction, and
ii. respecting
the establishment, content and adoption of rules and procedures, by boards, to
govern the selection and use of educational materials for instructional
purposes;
(4) Subsection
8 (1) of the Act is amended by adding the following paragraph:
board
communication, general
27.4 establish,
and require boards to comply with, policies and guidelines governing boards’
public communications, including policies and guidelines governing public
communications made by board officers and employees and by board members acting
as representatives of the board;
(5) Paragraph
31 of subsection 8 (1) of the Act is repealed.
(6) Section 8 of the Act is
amended by adding the following subsection:
Expenses
(2.1) A policy or guideline
made under paragraph 3.7 of subsection (1) may provide that, despite anything
in this Act, a board shall not pay certain expenses of a member or reimburse a
member for certain expenses or that such payment or reimbursement shall be
restricted in accordance with the policy or guideline.
(1) Section 11 of the Act is amended by striking out “Subject to the
approval of the Lieutenant Governor in Council, the Minister may” wherever it
appears and substituting in each case “The Lieutenant Governor in Council may”.
(2) Subsection
11 (6) of the Act is amended by adding the following clause:
(a.1) requiring
boards to obtain the Minister’s approval or confirmation before establishing or
continuing to operate or maintain a school board controlled entity or making
any change to its purposes or objects, including requiring the dissolution of
an entity if the Minister does not give approval or confirmation;
Subsection 13 (7) of the Act is amended by striking out the portion before
clause (
a) and substituting the following:
Regulations
(7) The
Lieutenant Governor in Council may, in addition to the powers under
section 11,
make regulations with respect to schools continued or established under this
section,
. . . .
Part I of the Act is amended by adding the following sections:
Crown
liability
personal liability
17.2
(1) No
cause of action arises against any current or former member of the Executive
Council, deputy minister or employee, officer or agent of the Crown for any act
done in good faith in the exercise or performance, or intended exercise or
performance, of the person’s powers, duties or functions under this Act or for
any alleged neglect, default or other omission in the exercise or performance
in good faith of those powers, duties or functions.
Crown
remains vicariously liable
(2) Despite
subsection 8 (3) of the Crown Liability and Proceedings
Act, 2019 , subsection (1) does not relieve the Crown of liability to
which it would otherwise be subject as a result of the acts or omissions of a
person specified in subsection (1).
liability for acts or omissions of others
(3) No
cause of action arises against the Crown or any person specified in subsection
(1) for
an act or omission of a person other than the Crown or a person
specified in that subsection, if the act or omission is related, directly or
indirectly, to the exercise or performance, or intended exercise or
performance, of a power, duty or function under this Act.
Proceedings
by Crown not prevented
(4) This
section does not apply with respect to proceedings brought by the Crown.
Proceedings
barred
17.3
(1) No
proceeding shall be commenced,
(
a) against
any person specified in subsection 17.2 (1) in respect of a matter referred to
in that subsection; or
(
b) against
the Crown or any person specified in subsection 17.2 (1) in respect of a matter
referred to in subsection 17.2 (3).
Same
(2) Subsection
(1) does not apply with respect to an application for judicial review, a claim
for a constitutional remedy, or any proceeding that is specifically provided
for under this Act, but does apply with respect to any other court,
administrative or arbitral proceeding claiming any remedy or relief, including
specific performance, an injunction, declaratory relief, a remedy in contract,
restitution, unjust enrichment or tort, a remedy for breach of trust or
fiduciary obligation or any equitable remedy, enforcement of a judgment, order
or award made outside Ontario or any form of compensation or damages, including
loss of revenue or profit.
Proceedings
by Crown not prevented
(3) This
section does not apply with respect to proceedings brought by the Crown.
(1) Subclause 58.1 (2) (k) (
i) of the Act is repealed and the
following substituted:
(
i) the
number of members of each district school board or the determination of the
number,
(2) Subclause
58.1 (2) (k) (viii) of the Act is repealed.
(3) Subsections
58.1 (10) to (11) of the Act are repealed and the following substituted:
Number
of members on a district school board
(10) A
regulation under subclause (2) (k) (
i) shall not provide for a number of
members of a district school board that is less than 5 or more than 12.
Same
(11) The
numbers referred to in subsection (10) do not include any person elected or
appointed to a district school board under
section 188, a student trustee or the
Subsections 169.1 (2.1) and (2.2) of the Act are repealed.
Section 191 of the Act is repealed and the following substituted:
Honorarium
for members of boards
The
Minister may make regulations respecting honoraria for members of boards,
including regulations,
(
a) authorizing
or requiring boards to provide honoraria to members;
(
b) specifying
the amount of an honorarium to be provided to members or a method for
calculating the amount;
(
c) setting
limits on honoraria and providing a method for calculating those limits;
(
d) specifying
conditions that must be satisfied for the payment of honoraria by the board;
(
e) governing
board policies regarding the payment of honoraria and processes respecting the
adoption of such policies;
(
f) specifying circumstances in
which
section 191.3 does not apply.
(1) Subsection 195 (1) of the Act is amended by striking out “may
select and may acquire” and substituting “may select and may, with the approval
of the Minister, acquire”.
(2) Subsections
195 (1.1) to (1.4) of the Act are repealed and the following substituted:
Request
for approval to acquire, etc.
(1.1) Before
a board acquires or applies for an approval to expropriate a school site or any
other land under subsection (1), the board shall submit a request, in the
manner and form specified by the Minister, for the Minister’s approval to
acquire or apply to expropriate the school site or land.
Minister’s
response
(1.2) The
Minister shall approve or refuse a request made under subsection (1.1) within
the prescribed time period, if any.
Regulations
(1.3) The
Minister may make regulations prescribing the time period referred to in
subsection (1.2).
(3) Subsection
195 (4) of the Act is amended by striking out “add to or alter” and
substituting “add to, alter, improve or repair”.
(4) Subsection
195 (5) of the Act is amended by,
(
a) striking
out “erect” and substituting “add to, erect, alter or improve”; and
(
b) striking
out “school building” wherever it appears and substituting in each case
“building”.
(5) Subsection
195 (6) of the Act is repealed and the following substituted:
Additions,
alterations, etc.
(6) A
board may, with the approval of the Minister, make an addition, alteration or
improvement to a building that is acquired by the board under a lease.
Policies
(7) The
Minister may establish and require boards to comply with policies respecting,
(0.
a) the
activities that constitute additions, erections, alterations or improvements
that require the Minister’s approval under subsection (5) or (6) and any
requirements that boards must fulfil in order to obtain an approval;
(
a) the
use of a school site or other land acquired under subsection (1); and
(
b) the addition to, or erection, alteration, improvement or
repair of, buildings under subsection (4), (5) or (6).
Same
(8) For
greater certainty, a policy established under subsection (7) or a regulation
made under
section 195.0.5 may require a board to give notice to the Minister
or obtain the Minister’s approval in respect of an addition to, or erection, alteration,
improvement or repair of, a building or any step in such work.
Subject
to policies, regulation
(9) The
use of a school site or other land acquired under subsection (1) and the addition
to, or erection, alteration, improvement or repair of, a building under
subsection (4), (5) or (6) shall be done in accordance with any policies
established under subsection (7) and any regulations made under
section 195.0.5.
The Act is amended by adding the following sections:
Direction
and order re non-compliance
195.0.1
(1) If,
in the opinion of the Minister, a board has not complied or is unlikely to
comply with a policy established under subsection 195 (7) or a regulation made
under
section 195.0.5 , the Minister
may ,
(
a) give
any direction to the board to do anything or refrain from doing anything that
the Minister considers advisable to address the non-compliance or likely
non-compliance, including directions to,
(
i) prepare,
submit and implement a plan for addressing the non-compliance, and
(ii) sell
or otherwise dispose of the building, the school site or other land, or any
part of the building, school site or other land in accordance with this Act and
the regulations; or
(
b) make an order selecting a person or body to take control
of the management of the addition, erection, alteration, improvement or repair.
Order
given to secretary
(2) The
Minister shall promptly give a copy of an order made under clause (1) (
b) to
the secretary of the board.
Powers
and obligations of person or body
(3) If
a person or body is selected under clause (1) (b),
(
a) the
person or body may exercise the powers of the board respecting the management
of the addition to, or erection, alteration, improvement or repair of, the
building, and anything done by the person in exercising such powers is deemed
to be done by and for the board and in its name; and
(
b) the
person or body shall comply with any policies established under subsection 195 (7) and
any regulations made under
section 195.0.5 that apply to the board unless the
Minister provides otherwise.
Same
(4) The
powers referred to in clause (3) (
a) that a selected person or body may
exercise include,
(
a) managing
the allocation of revenues and expenditures;
(
b) communicating
with the school community;
(
c) managing
contracts, including entering into and terminating contracts and selecting vendors;
(
d) altering
or cancelling any or all aspects of the addition to, or erection, alteration, improvement
or repair of, the building, subject to the prior written consent of the
Minister; and
(
e) any
other power that may be prescribed.
Co-operation
of the board
(5) If
a person or body is selected under clause (1) (b), the board shall co-operate
with the selected person or body in the exercise of the person or body’s powers
described in clause (3) (a).
Direction
of Minister
(6) The
Minister may give any direction that the Minister considers advisable to a
board or to a person or body selected under clause (1) (
b) in respect of the
addition to, or erection, alteration, improvement or repair of, the building,
including any of the following directions:
1. A
direction requiring the board to co-operate with the selected person or body.
2. A
direction requiring the board to take one or more steps in order to facilitate
the management of the addition, erection, alteration, improvement or repair by
the selected person or body.
3. A
direction establishing roles, responsibilities and timelines in respect of
managing the addition, erection, alteration, improvement or repair.
4. A
direction setting out steps to be taken in respect of the addition, erection,
alteration, improvement or repair.
5. A
direction requiring reporting to the Minister.
6. A
direction requiring the board to make funds available to the selected person or
body for the purpose of managing the addition, erection, alteration,
improvement or repair.
Direct
payment of fees and expenses
(7) The
Minister may direct the board to pay any fees and expenses reasonably incurred
in relation to an order made under clause (1) (
b) and may specify in the
direction that the payment shall be chargeable to such of the board’s accounts
as the Minister may direct.
Compliance
with directions
(8) A
board and a person or body selected under clause (1) (
b) shall comply with any
direction issued to the board, person or body by the Minister under this
section within the time specified in the direction.
Exception,
Crown
(9) If
the selected person or body is the Crown, the Minister may determine that
subsection (8) does not apply.
Directions
available to public
(10) The
Minister shall ensure that any direction given under this
section is made available
to the public.
Board vicariously liable
195.0.2
(1) If a board is subject to an order under
clause 195.0.1 (1) (b), a person who is a current or former Minister, Deputy
Minister, employee, officer or agent of the Crown is deemed to be an officer of
the board an