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Bill 98, Better Schools and Student Outcomes Act, 2023

Lecce, Hon. Stephen Minister of Education

Royal Assent received. Statutes of Ontario 2023,

chapter 11

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Bill 98 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 98 and does not form part of the law.

Bill 98 has been enacted as

Chapter 11 of the Statutes of Ontario, 2023.

SCHEDULE 1

EARLY CHILDHOOD EDUCATORS ACT, 2007

The

Schedule makes several amendments to the Early Childhood

Educators Act, 2007 , including the following:

1. Authorizing

the Complaints Committee to require a member to undertake a specified

continuing education or remediation program .

2. Authorizing

the Complaints Committee and the Discipline Committee to deal with members

convicted of an offence under the Criminal Code

(Canada) in particular ways.

3. Having

the Registrar, as opposed to the employer, become the complainant when an

employer’s report is filed.

4. Removing

the requirement that a child be, in the opinion of the College, supervised by a

member in order to be eligible for funding in relation to a complaint or report

against the member that the child was the subject of sexual abuse, a prescribed

sexual act or a prohibited act involving child pornography. Instead, a

person is eligible for funding if, in the opinion of the College, the member’s

practice facilitated the relationship between the child and the member or the

member’s access to the child.

5. Addressing

transitional matters.

SCHEDULE 2

EDUCATION ACT

Various

amendments are made to the Education Act , including

the following:

1. The

French version of the Act is amended to update language relating to special

education.

2. The

Act is amended to add Minister’s powers and regulation-making powers, and other

related provisions, respecting provincial priorities in education in the area

of student achievement.

3. Regulation-making

powers are added governing boards’ participation in the prescribed activities,

and relating to school board controlled entities.

4. The

Act is amended to add Minister’s powers and regulation-making powers, and other

related provisions, respecting the provision of equivalent apprenticeship

learning to pupils.

5. Amendments

are made addressing when a board may or must sell, lease or otherwise dispose

of a school site, part of a school site or school property, and giving the Minister

various powers over such dispositions, including regulation-making powers.

6. Boards

are required to adopt codes of conduct that apply to the members of the board.

Amendments set out the process that shall apply where there is an allegation of

a breach of the code of conduct.

7. The

following Minister’s powers are also added:

i. To

issue guidelines respecting the review and revision of curricula.

ii. To

issue policies and guidelines setting out the training to be completed by board

members, directors of education, supervisory officers and superintendents.

iii. To

charge a fee for the evaluation of textbooks, library books, reference books or

other learning materials for selection and approval.

iv. To

establish policies and guidelines respecting student mental health and

communications with parents.

8. Various

other related and consequential amendments are made.

SCHEDULE 3

ONTARIO COLLEGE OF TEACHERS ACT, 1996

The

Schedule makes several amendments to the Ontario College

of Teachers Act, 1996 , including the following:

1. Providing

that the references to “student” in subsection 58.1 (3) are references

described in subsection 1 (3).

2. Moving

the exception to the prohibition respecting the use of the title

“Inactive/Non-Practising” from the Act to the by-laws.

3. Allowing

the Registrar to revoke a certificate of qualification and registration if the

certificate has been suspended under subsection 24 (1) for more than three

years or for a time period set out in regulations.

4. Authorizing

the Investigation Committee to require a member to undertake remedial training

or education.

5. Authorizing

the Investigation Committee and the Discipline Committee to deal with members

convicted of an offence under the Criminal Code

(Canada) in particular ways.

6. Having

the Registrar, as opposed to the employer, become the complainant when an

employer’s report is filed.

7. Prohibiting the Registrar from removing

a suspension of a certificate or issuing a certificate unless the member whose

certificate has been suspended or revoked successfully completes the sexual

abuse prevention program requirements.

8. Making

a contravention of subsection 43.2 (3.1) or (3.2) or subsection 43.3 (1.1),

(1.2) or (1.3) an offence for which an employer, on conviction, is liable to a

fine of not more than $25,000.

9. Removing

the requirement that a student be, in the opinion of the College, supervised by

a member in order to be eligible for funding in relation to a complaint or

report against the member that the student was the subject of sexual abuse, a

prescribed sexual act or a prohibited act involving child pornography.

10. Addressing

transitional matters.

Bill 98 2023

Act to amend various Acts relating to education and child care

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Early

Childhood Educators Act, 2007

Schedule 2

Education

Act

Schedule 3

Ontario

College of Teachers Act, 1996

Preamble

The

Government is committed to re-focusing Ontario’s education system on student

achievement, prioritizing hands-on learning and skills development in reading,

writing and math. Legislative changes are needed to advance a vision for

Ontario’s kindergarten to grade 12 education system that is centred on

preparing students to succeed in life and work and on putting highly qualified

educators in the classroom while strengthening the voices of parents. The Government

believes that these reforms would ensure students graduate with a competitive

advantage while learning modern curricula in modern schools, preparing them for

the jobs of the future.

Therefore,

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 proclamation of the Lieutenant Governor, a

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Better Schools and Student Outcomes Act, 2023 .

SCHEDULE 1

EARLY CHILDHOOD EDUCATORS ACT, 2007

(1) Clause 31 (5) (

e) of the Early Childhood

Educators Act, 2007 is repealed and the following substituted:

(

e) take

such action as it considers appropriate in the circumstances and that is not

inconsistent with this Act, the regulations or the by-laws, including,

(

i) issuing

a caution, reminder, advice or admonishment to the person complained against,

(ii) requiring

the member to complete a specified continuing education or remediation program.

(2) Subsection

31 (9) of the Act is repealed and the following substituted:

Application

of section, related criminal conviction

(9) If

a member has been convicted or found guilty of an offence under the Criminal Code (Canada) for the same conduct or action

that is the subject matter of a complaint, the Complaints Committee may refer

the matter, in whole or in part, to the Discipline Committee and, in that case,

subsections (1) to (8) cease to apply and the Registrar shall notify the

complainant of the referral.

Section 33.2 of the Act is amended by adding the following subsections:

hearing

(8) Despite

clause 33 (1) (a), the Discipline Committee need not hold a hearing or afford

to any person an opportunity for a hearing or an opportunity to make oral or

written submissions before making a decision or giving a direction under

section 33 if,

(

a) the

matter has been referred to the Committee under subsection 31 (5) or (9) and

involves or includes

an act referred to in subsection (2) of this section; and

(

b) the

member has been convicted or found guilty of an offence under the Criminal Code (Canada) for the same conduct or action

that is the subject of the matter and,

(

i) the

time for an appeal has expired, or

(ii) an

appeal was dismissed or abandoned and no further appeal is available.

Same

(9) For

greater certainty,

section 33 applies, with necessary modifications, even if,

in accordance with subsection (8) of this section, a hearing is not held.

Section 49.2.1 of the Act is repealed and the following substituted:

Employer

report deemed to be complaint

49.2.1 Where the Registrar

refers an employer’s report filed under

section 49.1 or 49.2 to the Council or

a committee of Council established under

section 19, the report is deemed, for

the purposes of

Part V, to be a complaint that was filed on the day the

Registrar referred the report and the Registrar is deemed to be the

complainant.

Paragraph 1.1 of subsection 49.3 (1) of the Act is repealed and the following

substituted:

1.1 If

a referral respecting a member is made under subsection 31 (9), the Registrar

shall notify the employer of the referral.

Clause 59.2 (3) (

a) of the Act is repealed and the following substituted:

(

a) it

is alleged in a complaint or report against a member received by the College

that the child was the subject of sexual abuse, a prescribed sexual act or a

prohibited act involving child pornography and, in the opinion of the College,

the member’s practice facilitated the relationship between the child and the

member or the member’s access to the child; or

The Act is amended by adding the following section:

Transition,

Better Schools and Student Outcomes Act, 2023

59.1.2

(1) In this

section,

“transition

date” means the day subsection 1 (1) of

Schedule 1 to the Better

Schools and Student Outcomes Act, 2023 comes into force.

Transition,

s. 31 (5)

(2) Subsection

31 (5), as amended by subsection 1 (1) of

Schedule 1 to the Better Schools and Student Outcomes Act, 2023 , applies to

a complaint that is made before the transition date if no decision has been

made in respect of the matter before that date by the Complaints Committee

under subsection 31 (5) of this Act.

Transition,

s. 31 (9)

(3) Subsection

31 (9), as re-enacted by subsection 1 (2) of

Schedule 1 to the Better Schools and Student Outcomes Act, 2023 , applies to

a complaint that is made before the transition date if no decision has been

made in respect of the matter before that date by the Complaints Committee

under subsection 31 (5) of this Act.

Transition,

s. 33.2 (8)

(4) Subsection

33.2 (8) applies to a matter referred to the Discipline Committee before the

transition date if a hearing by a panel of the Discipline Committee respecting

the matter has not been commenced before the transition date.

Commencement

This

Schedule comes into force on the day the Better

Schools and Student Outcomes Act, 2023 receives Royal Assent.

SCHEDULE 2

EDUCATION ACT

(1) Subsection 1 (1) of the Education Act

is amended by adding the following definition:

“equivalent

apprenticeship learning” means a learning situation,

(

a) in

which a pupil participates in an apprenticeship program within the meaning of

the Building Opportunities in the Skilled Trades Act, 2021 ,

and

(

b) that

meets the criteria set out in the regulations; (“formation équivalente en

apprentissage”)

(2) The

definition of “equivalent learning” in subsection 1 (1) of the Act is repealed.

(3) The

French version of the

definitions of “exceptional pupil”, “special education

program” and “special education services” in subsection 1 (1) of the Act are

repealed.

(4) The

French version of subsection 1 (1) of the Act is amended by adding the

following

definitions:

«élève

ayant des besoins particuliers en éducation spécialisée» Élève présentant des

anomalies de comportement ou de communication, des anomalies d’ordre

intellectuel ou physique ou encore des anomalies multiples qui appellent un

placement approprié, de la part du comité créé aux termes de la

sous-disposition iii de la disposition 5 du paragraphe 11 (1), dans un

programme d’éducation spécialisée offert par le conseil :

a) soit

dont il est élève résident;

b) soit

qui admet ou inscrit l’élève autrement qu’en conformité avec une entente conclue

avec un autre conseil en vue de lui dispenser l’enseignement;

c) soit

auquel les frais d’instruction de l’élève sont payables par le ministre.

(«exceptional pupil»)

«programme

d’éducation spécialisée» Programme d’enseignement fondé sur les résultats d’une

évaluation continue et modifié par ceux-ci en ce qui concerne un élève ayant

des besoins particuliers en éducation spécialisée, y compris un projet qui

renferme des objectifs précis et un plan des services éducatifs qui satisfont

aux besoins de l’élève. («special education program»)

«services

en éducation spécialisée» Installations et ressources, y compris le personnel

de soutien et le matériel, nécessaires à l’élaboration et à la mise en oeuvre

d’un programme d’éducation spécialisée. («special education services»)

(1) Subsection 8 (1) of the Act is amended by adding the following

paragraph:

provincial

priorities in education

0.1 establish

policies and guidelines respecting the provincial priorities in education in

the area of student achievement prescribed under subsection 11.2 (1), and

require boards to comply with the policies and guidelines.

(2) Paragraph

3 of subsection 8 (1) of the Act is amended by adding the following

subparagraph:

(a.1) issue guidelines respecting the

review and revision of curricula, which may address how often reviews shall

occur to determine whether revisions are required and shall require revisions to

be informed by experts on pedagogy and labour market needs,

(3) Subsection

8 (1) of the Act is amended by adding the following paragraph:

policies

and guidelines: training for board members, others

3.4.1 establish

policies and guidelines setting out training, including the content, timing and

frequency of training, to be completed by board members, directors of

education, supervisory officers and superintendents and require those

individuals to comply with the policies and guidelines;

(4) Subsection

8 (1) of the Act is amended by adding the following paragraph:

fee

for evaluation of textbooks etc.

6.1 charge

a fee for the evaluation of textbooks, library books, reference books or other

learning materials for the purposes of selection and approval under paragraph

(5) Subsection

8 (1) of the Act is amended by adding the following paragraph:

equivalent

apprenticeship learning

22.1 establish

policies and guidelines respecting equivalent apprenticeship learning and

require boards to comply with them, and require boards to develop and offer

equivalent apprenticeship learning to their pupils in accordance with the

policies and guidelines;

(6) Paragraph

27.1 of subsection 8 (1) of the Act is amended by striking out “and” at the end

of subparagraph (b), by adding “and” at the end of subparagraph (

c) and by adding

the following subparagraph:

(

d) to

make the report available to the public in any manner that the Minister

considers appropriate;

(7) Subsection

8 (1) of the Act is amended by adding the following paragraph:

board

communication with parents and guardians

27.3 establish,

and require boards to comply with, policies and guidelines governing boards’

communications with parents and guardians, including policies and guidelines,

(

a) specifying

informational materials that boards shall provide to parents and guardians,

including materials setting out parents’ and guardians’ rights and

responsibilities under this Act in relation to matters such as special

education, or requiring boards to develop such materials,

(

b) respecting

the form and content of the materials and the frequency and manner in which

they shall be provided to parents and guardians or made publicly available, and

(

c) requiring

boards to develop and comply with a protocol setting out standards for

responding to parent and guardian inquiries, specifying the content that the

protocol must include or address and requiring boards to make the protocol

publicly available;

(8) Subsection

8 (1) of the Act is amended by adding the following paragraph:

student

mental health

29.6 establish

policies and guidelines respecting student mental health, including respecting

the use of learning materials relating to student mental health, and require

boards to comply with the policies and guidelines;

(9) Section

8 of the Act is amended by adding the following subsection:

Records

of training

(2) If

board members, directors of education, supervisory officers or superintendents

are required by a policy or guideline issued under paragraph 3.4.1 of

subsection (1) to complete training, the board shall keep records relating to

the completion of the training for at least four years.

(10) The

French version of subsection 8 (3) of the Act is repealed and the following

substituted:

Programmes

d’identification et programmes et services en éducation spécialisée

(3) Le

ministre veille à ce que les enfants ayant des besoins particuliers en

éducation spécialisée de l’Ontario puissent bénéficier, conformément à la

présente loi et aux règlements, de programmes et services en éducation

spécialisée qui soient appropriés et pour lesquels les parents ou tuteurs

résidents de l’Ontario ne soient pas obligés d’acquitter de droits. Il prévoit

la possibilité, pour les parents ou les tuteurs, d’interjeter appel de la

décision de placement d’un élève dans un programme d’éducation spécialisée et,

à ces fins, le ministre :

a) exige

que les conseils scolaires mettent en oeuvre des méthodes d’identification

précoce et continue de l’aptitude à apprendre et des besoins des élèves, et il

fixe des normes régissant la mise en oeuvre de ces méthodes;

b) définit

les anomalies des élèves en ce qui concerne les programmes et services en

éducation spécialisée, établit des classes, groupes ou catégories d’élèves

ayant des besoins particuliers en éducation spécialisée, et exige que les

conseils utilisent les définitions ou les classements établis aux termes du

présent alinéa.

(1) The French version of paragraphs 5 and 6 of subsection 11 (1) of

the Act are repealed and the following substituted:

programmes

d’éducation spécialisée

5. régir

la création, la mise en oeuvre, l’organisation et l’administration de ce qui

suit :

i. les

programmes d’éducation spécialisée,

ii. les

services en éducation spécialisée,

iii. les

comités pour identifier les élèves ayant des besoins particuliers en éducation

spécialisée, s’occuper de leur placement et le réexaminer;

appels

relatifs à l’identification et au placement d’élèves

6. régir

la marche à suivre pour les parents ou tuteurs qui veulent appeler de

l’identification et du placement d’élèves ayant des besoins particuliers en

éducation spécialisée dans des programmes d’éducation spécialisée;

(2) Section

11 of the Act is amended by adding the following subsection:

Regulations:

equivalent apprenticeship learning

(2) Subject

to the approval of the Lieutenant Governor in Council, the Minister may make

regulations governing the provision of equivalent apprenticeship learning,

including regulations prescribing criteria for the purposes of the definition

of “equivalent apprenticeship learning”.

(3) Section

11 of the Act is amended by adding the following subsections:

Regulations:

board participation in activities

(5) Subject

to the approval of the Lieutenant Governor in Council, the Minister may make

regulations prescribing activities relating to a board’s business activities

and governing boards’ participation in those activities.

Regulations:

school board controlled entities

(6) Subject

to the approval of the Lieutenant Governor in Council, the Minister may make

regulations in respect of school board controlled entities, including,

(

a) defining

“school board controlled entity” and prescribing persons or organizations that

are school board controlled entities;

(

b) prescribing

requirements relating to finance and accountability and requiring school board

controlled entities to comply with the requirements.

The French version of clause 11.1 (6) (

d) of the Act is repealed and the

following substituted:

d) la prise

et la mise en oeuvre des mesures qui y sont précisées en ce qui concerne la

prestation de services en éducation spécialisée;

The Act is amended by adding the following section:

Regulations

re provincial priorities

11.2

(1) The

Lieutenant Governor in Council may make regulations prescribing provincial

priorities in education in the area of student achievement.

Review

(2) The

Minister shall review a regulation made under subsection (1) at least every

three years for the purpose of determining whether any amendments are

advisable.

(1) The French version of subsection 13 (4.1) of the Act is repealed

and the following substituted:

Idem

(4.1) Une

école d’application peut offrir, sous le régime de l’internat ou de l’externat,

des programmes et services en éducation spécialisée aux élèves ayant des

besoins particuliers en éducation spécialisée qui ont des troubles

d’apprentissage ou un handicap auditif ou visuel.

(2) The

French version of subsection 13 (5) of the Act is amended by striking out

“élèves en difficulté” in the portion after clause (

b) and substituting “élèves

ayant des besoins particuliers en éducation spécialisée”.

The French version of clause 13.1 (7) (

b) of the Act is amended by striking out

“d’enfants en difficulté” and substituting “d’enfants ayant des besoins

particuliers en éducation spécialisée”.

Subsection 21 (1.1) of the Act is repealed and the following substituted:

Participation

in equivalent apprenticeship learning

(1.1) A

person shall be considered to be attending school when he or she is

participating in equivalent apprenticeship learning.

(1) Subsection 30 (3) of the Act is amended by adding “Subject to

subsection (3.1)” at the beginning.

(2) Section

30 of the Act is amended by adding the following subsection:

Exception

(3.1) Subsection

(3) does not apply when the person required to attend school is employed during

school hours as part of equivalent apprenticeship learning.

10 The French version of subsection 49.2 (7) of

the Act is repealed and the following substituted:

Élèves

ayant des besoins particuliers en éducation spécialisée

(7) Le

présent

article ne s’applique pas aux personnes suivantes :

a) les

personnes qui sont identifiées à

titre d’élèves ayant des besoins particuliers

en éducation spécialisée en vertu de la présente loi et qu’un comité

d’identification, de placement et de réexamen de l’éducation spécialisée a

recommandé de placer dans un programme scolaire de jour;

b) les

personnes qui sont membres d’une catégorie de personnes prescrite en vertu du

paragraphe (8).

The French version of the heading before

section 57 and

section 57 of the Act are

repealed and the following substituted:

Tribunaux

de l’éducation spécialisée et comités consultatifs de l’éducation spécialisée

Tribunaux

de l’éducation spécialisée

(1) Le

lieutenant-gouverneur en conseil crée un ou plusieurs tribunaux de l’éducation

spécialisée.

Nomination

(1.1) Le

lieutenant-gouverneur en conseil peut nommer les membres des tribunaux de

l’éducation spécialisée et fixer la durée de leur mandat.

Rémunération

et indemnités

(1.2) Les

membres d’un tribunal de l’éducation spécialisée reçoivent la rémunération que

fixe le lieutenant-gouverneur en conseil et le remboursement des dépenses

raisonnables et nécessaires qu’ils engagent afin d’assister aux réunions et de

conduire les affaires du tribunal.

Présidence

(1.3) Le

ministre peut nommer à la présidence l’un des membres d’un tribunal de

l’éducation spécialisée.

Vice-présidence

(1.4) Le

président d’un tribunal de l’éducation spécialisée peut nommer à la

vice-présidence l’un des membres du tribunal.

Idem

(1.5) En

cas d’absence ou d’empêchement du président d’un tribunal de l’éducation

spécialisée, le vice-président peut exercer ses pouvoirs ou fonctions.

Règlements

(2) Le

lieutenant-gouverneur en conseil peut, par règlement, prévoir ce qui suit en ce

qui concerne les tribunaux de l’éducation spécialisée :

a) leur

organisation et leur administration;

b) leurs

règles de pratique et de procédure;

c) les

frais que doivent assumer les personnes qui comparaissent devant eux.

Droit

d’appel

(3) Le

parent ou le tuteur d’un élève qui a épuisé tous les droits d’appel prévus par

règlement en ce qui concerne l’identification ou le placement de l’élève à

titre d’élève ayant des besoins particuliers en éducation spécialisée et qui

n’est pas satisfait de la décision prise à cet égard peut interjeter appel de

celle-ci devant un tribunal de l’éducation spécialisée.

Audience

du tribunal de l’éducation spécialisée

(4) Le

tribunal de l’éducation spécialisée entend l’appel et peut :

a) soit

le rejeter;

b) soit

l’accueillir et rendre l’ordonnance qu’il estime nécessaire en ce qui concerne

l’identification ou le placement.

Décision

définitive

(5) La

décision du tribunal de l’éducation spécialisée est définitive et lie les

parties.

The French version of

section 57.1 of the Act is amended by striking out “pour

l’enfance en difficulté” wherever it appears and substituting in each case “de

l’éducation spécialisée”.

(1) Subsection 169.1 (4) of the Act is repealed and the following substituted:

Communication

re multi-year plan

(4) Every

board shall,

(

a) publish

the plan referred to in clause (1) (f), in the form required by the Minister,

on its website;

(

b) take

steps to,

(

i) bring

the plan referred to in clause (1) (

f) to the attention of parents of pupils,

supporters and employees of the board, and

(ii) report

to parents of pupils, supporters and employees of the board about progress in

implementing the plan referred to in clause (1) (f); and

(

c) meet

with parents of pupils about the plan referred to in clause (1) (f),

(

i) within

the first two months of each school year, to discuss the plan as it applies to

that school year, and

(ii) within

the last two months of each school year, to report on progress and results

achieved in that school year.

Meetings

(4.1) Meetings

required under clause (4) (

c) must include information on planned and actual

spending related to the plan, and provide means for parents of pupils to

participate in the meetings and engage with all other participants.

(2) Section

169.1 of the Act is amended by adding the following subsections:

Support

personnel

(6) The

Minister may assign support personnel to work with a board where,

(

a) the

board’s multi-year plan referred to in clause (1) (

f) fails to address all the

elements required under that clause, except as it relates to clause (1) (b); or

(

b) the

Minister is unsatisfied with the board’s progress in implementing the

multi-year plan or achieving the goals of the plan, except as it relates to

clause (1) (b).

Same

(7) The

board has a duty to co-operate with the support personnel assigned by the

Minister under subsection (6).

The Act is amended by adding the following section:

Provincial

priorities for student achievement, multi-year plan

169.2 Every board shall

develop the multi-year plan referred to in clause 169.1 (1) (

f) in a manner

consistent with the policies and guidelines established under paragraph 0.1 of

subsection 8 (1), with the aim of achieving goals related to the provincial

priorities in education in the area of student achievement prescribed under

subsection 11.2 (1).

(1) The French version of paragraph 7 of subsection 170 (1) of the

Act is repealed and the following substituted:

programmes

et services d’éducation spécialisée

7. offrir,

conformément aux règlements, des programmes et des services d’éducation

spécialisée aux élèves ayant des besoins particuliers en éducation spécialisée

ou conclure une entente avec un autre conseil à cette fin;

(2) Subsection

170 (1) of the Act is amended by adding the following paragraph:

equivalent

apprenticeship learning

7.3 in

accordance with any policies or guidelines established under paragraph 22.1 of

subsection 8 (1), develop and offer equivalent apprenticeship learning to their

pupils;

(3) Subsection

170 (1) of the Act is amended by adding the following paragraph:

collaboration

with municipalities

8.1 collaborate

with municipalities to plan for the early and integrated development of school

sites and the establishment of child care centres within schools to meet

current and future needs of the board;

(4) Subsection

170 (1) of the Act is amended by adding the following paragraph:

co-operation

re child care

19. co-operate

with service system managers, as required by subsections 51 (4) and 52 (2) of

the Child Care and Early Years Act, 2014 , for the

purposes of developing and implementing child care and early years programs and

services plans.

The French version of paragraph 40 of subsection 171 (1) of the Act is amended

by striking out “élèves en difficulté” and substituting “les élèves ayant des

besoins particuliers en éducation spécialisée”.

The French version of subsection 190 (3) of the Act is amended by striking out

“enfants en difficulté” and substituting “enfants ayant des besoins

particuliers en éducation spécialisée”.

The Act is amended by adding the following section:

Information

and reports re school property

193.1

(1) A board

shall provide to the Minister such information and reports as the Minister

requires respecting school sites, parts of school sites or other property of

the board and respecting the board’s plans for current and future school sites,

parts of school sites and property of the board, including information

respecting,

(

a) the

condition of school sites, parts of school sites and

property of the board ; and

(

b) the

board’s plans for the acquisition, sale, lease or other

disposition of school sites, parts of school sites or property of the

board.

Same

(2) The

information and reports shall be provided in the form and manner and at times

requested by the Minister.

Subsections 194 (3) to (5) of the Act are repealed and the following

substituted:

Power to dispose of site or property

(3) A

board may sell, lease or otherwise dispose of a school site, part of a school

site or other property of the board in the circumstances prescribed by the

regulations.

Exception

(4) Subsection

(3) does not apply in respect of real property described in subsection (1).

Requirement

to dispose of site or property

(5) A

board shall sell, lease or otherwise dispose of a school site, part of a school

site or other property of the board in the circumstances prescribed by the

regulations.

Direction

by Minister

(6) The

Minister may direct a board to sell, lease or otherwise dispose of a school

site, part of a school site or other property of the board if it is not needed

to meet the board’s current pupil accommodation needs or its pupil

accommodation needs for the next 10 years, as determined in accordance with the

regulations.

Conduct of sale, lease, disposition

(7) A

sale, lease or other disposition of a school site, part of a school site or other

property of a board under this

section shall be conducted in accordance with

the regulations.

Notice or approval

(8) In

the circumstances prescribed by the regulations, a board shall give notice to

the Minister of a sale, lease or other disposition of a school site, part of a

school site or other property of a board under this section, or obtain the

approval of the Minister for the sale, lease or other disposition.

Application

of proceeds

(9) The

board shall apply the proceeds of a sale, lease or other disposition of a

school site, part of a school site or other property of a board for the

purposes of the board.

Regulations

(10) The

Minister may make regulations governing the sale, lease or other disposition of

school sites, parts of school sites or other property of a board, including

regulations,

(

a) prescribing

the circumstances in which a board may make or shall make a sale, lease or

disposition;

(

b) respecting

the conduct of a sale, lease or disposition;

(

c) prescribing

the circumstances in which a board shall give notice to the Minister of a sale,

lease or disposition or obtain the approval of the Minister for the sale, lease

or disposition;

(

d) respecting to whom school sites or parts

of school sites or property may or must be offered;

(

e) respecting

the price or other consideration for a disposition or class of dispositions;

(

f) respecting

the use of the proceeds of a disposition or class of dispositions;

(

g) respecting

the purposes for which school sites, parts of school sites or property that is

disposed of to other boards must be used by the transferee board;

(

h) requiring

a transferee board to return a school site or part of a school site or property

to the transferor board if no longer used for the purposes referred to in

clause (g);

(

i) respecting

the price or other consideration for a return or class of returns required

under clause (h).

Same

(11) The

Lieutenant Governor in Council may make regulations,

(

a) for

the purposes of subsection (6), governing the circumstances when a school site,

part of a school site or other property is not needed to meet a board’s current

pupil accommodation needs or its pupil accommodation needs for the next 10

years, and authorizing the Minister to determine whether the circumstances

exist;

(

b) providing

for transitional matters that, in the Lieutenant Governor in Council’s opinion,

are necessary or desirable in connection with the implementation of

section 19

of

Schedule 2 to the Better Schools and Student Outcomes

Act, 2023 .

Conflict

with transitional regulations

(12) In

the event of a conflict between this Act or the regulations and a regulation

made under clause (11) (b), the regulation made under clause (11) (

b) prevails.

(1) Subsection 195 (1) of the Act is amended by striking out “(1.1)

and (1.2)” and substituting “(1.1), (1.2) and (1.5)”.

(2) Section

195 of the Act is amended by adding the following subsections:

Shared

use of site

(1.5) Where

a board plans to acquire a school site for pupil accommodation and the site

will not be occupied or used exclusively by the board, or exclusively with

another board, municipality, child care centre or other prescribed entity, the

board shall do so in accordance with any regulations.

Regulations

(1.6) The

Minister may make regulations governing the acquisition of a school site

referred to in subsection (1.5), including regulations providing that an acquisition

is subject to the Minister’s approval, and prescribing entities for the

purposes of that subsection.

(3) Subsection

195 (4) of the Act is amended by striking out “Subject to

section 196 or

subsection 197 (1)” at the beginning and substituting “Subject to subsections

195 (1.5) and 197 (1)”.

The Act is amended by adding the following section:

Joint

use of schools

195.1

(1) The

Minister may direct two or more boards to enter into an arrangement with each

other for the joint construction, ownership, control, management, maintenance,

operation, location or use of a school site, part of a school site or other property

of a board.

Regulations

(2) The

Minister may make regulations governing the arrangements referred to in

subsection (1).

Section 196 of the Act is repealed and the following substituted:

Approval

of Minister re demolition

Despite

any provision of this or any other Act, a board shall not demolish a building

unless, in addition to any other approval that may be required, the board has

obtained the approval of the Minister.

The Act is amended by adding the following section:

Functional

specifications etc.

196.1

(1) The

Minister may require boards to use particular functional specifications,

designs or plans when constructing, renovating or making additions to school

buildings or premises.

Same

(2) For

the purpose of subsection (1), the Minister may issue policies and guidelines

and require boards to comply with them.

Legislation Act, 2006 ,

Part III

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to a policy or guideline of the Minister under this section.

Sections 218.2 and 218.3 of the Act are repealed

and the following substituted:

Code

of conduct

218.2

(1) A board

shall adopt a code of conduct that applies to the members of the board.

Regulations

(2) The

Minister may make regulations governing codes of conduct that apply to board

members, including,

(

a) prescribing

codes of conduct or parts of codes of conduct;

(

b) prescribing

matters to be addressed by codes of conduct.

Breach

of code of conduct

218.3

(1) A member of a

board who has reasonable grounds to believe that a member of the board has

breached the board’s code of conduct may notify the following persons in

writing of the alleged breach:

1. The

director of education, if the notice relates to the conduct of the board chair

or vice-chair.

2. In

all other situations, the board chair.

Same

(2) If

a person other than those described in paragraph 1 or 2 of subsection (1) is

prescribed by regulation, the notification shall be given to the prescribed

person instead of the persons described in those paragraphs.

Same

(3) If

notification of an alleged breach is given under subsection (1), the person to

whom the notification was made shall,

(

a) immediately

provide a copy of the written notice to the member whose conduct is the subject

of the alleged breach and to the entire board; and

(

b) if

the matter is not resolved within 10 days after the member received the notice

under clause (a), or within such other time period as may be prescribed by

regulation, refer the matter to an integrity commissioner appointed by the

board.

Roster

(4) The

Minister may create a roster of integrity commissioners, 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 .

Appointment

of integrity commissioner

(5) If

the Minister has created a roster of integrity commissioners, an appointment

under subsection (2) shall be from the roster.

Same

(6) The

qualifications for members of the roster and the processes relating to the

creation of the roster are subject to any requirements prescribed by the

regulations.

Investigation

(7) Subject

to subsection (8), the integrity commissioner appointed by a board shall

commence an investigation into the alleged breach of the board’s code of

conduct no later than 14 days after being appointed under subsection (3), or

within such other time period as may be prescribed by regulation, and shall

provide the member with the opportunity to respond to the allegations, as well

as a right of reply, where appropriate.

Late,

bad faith, frivolous or vexatious complaint

(8) An

integrity commissioner may refuse to commence an investigation into an alleged

breach if,

(

a) the

complaint was made more than 60 days after the day the alleged breach occurred

or was discovered, whichever is later, unless the integrity commissioner is

satisfied the delay was incurred in good faith and no substantial prejudice

will result to any person affected by the delay; or

(

b) in

the opinion of the integrity commissioner, the complaint is made in bad faith

or is frivolous or vexatious.

Same

(9) If

a breach relates to a series of incidents, the 60-day period in clause (8) (

a) runs from the day the last incident in the series occurred or was discovered.

Discovery

of breach

(10) A

breach is discovered on the earlier of,

(

a) the

day on which the member notifying the board first knew that the breach had

occurred; and

(

b) the

day on which a reasonable person with the abilities and in the circumstances of

the member notifying the board first ought to have known of the matters

referred to in clause (a).

Notice

(11) The

integrity commissioner shall provide written notice of a refusal to commence an

investigation to the member who is the subject of the complaint and to the

board.

Decision

final

(12) A

decision of an integrity commissioner under subsection (8) is final.

Powers

(13) In

the course of conducting the investigation, the integrity commissioner may,

(

a) require

the production of any records that may in any way relate to the investigation;

(

b) examine

and copy any records required under clause (a); and

(

c) require

any officer of the board or any other person to appear before him or her and

give evidence, on oath or affirmation, relating to the investigation.

Public

Inquiries Act, 2009

(14) Section

33 of the Public Inquiries Act, 2009 applies to an

investigation.

Time

limit

(15) The

integrity commissioner shall make a determination with respect to a complaint

of an alleged breach no later than 90 days after commencing the investigation,

or within such other time period as may be prescribed by regulation, unless the

integrity commissioner notifies the board and the member who is the subject of

the complaint that an extension is necessary and of the reasons for the

extension.

Transition

(16) If

a member of a board brings an alleged breach of the board’s code of conduct to

the attention of the board before the day

section 24 of

Schedule 2 to the Better Schools and Student Outcomes Act, 2023 comes into

force and the board has not, as of that day, made a determination in respect of

the alleged breach,

section 218.3 of the Act, as it read immediately before

that day, applies in respect of the alleged breach.

Determination,

sanctions

218.3.1

(1) If the

integrity commissioner determines, following an investigation under subsection

218.3 (7), that the member has breached the board’s code of conduct, the

integrity commissioner may impose one or more of the following sanctions:

1. Censure

of the member.

2. Requiring

the board to reduce the member’s honorarium by an amount not exceeding the

prescribed amount, requiring the member to return any excess already paid to

the member and authorizing the board to recover the excess from the member.

3. Barring

the member from attending all or part of one or more meetings of the board or

one or more meetings of a committee of the board, for the period of time

specified by the integrity commissioner up to a maximum of 90 days or the balance

of the member’s term of office, whichever is less.

4. Barring

the member from sitting on one or more committees of the board, for the period

of time specified by the integrity commissioner, up to a maximum of 90 days or

the balance of the member’s term of office, whichever is less.

5. Barring

the member from becoming the chair or vice-chair of the board or of any

committee of the board, or removing the member from any of those positions.

6. Barring

the member from exercising the privileges of a board member or acting as a

board representative, or removing the member from a position the member holds

as a board representative.

7. Subject

to any other limits set out in paragraphs 1 to 6, any other sanction that, in

the opinion of the integrity commissioner, is reasonable and appropriate in the

circumstances.

8. Subject

to any other limits set out in paragraphs 1 to 6, any other sanction that, in

the opinion of the integrity commissioner, would promote compliance with the

board’s code of conduct.

Regulation

(2) The

Minister may, by regulation, prescribe an amount for the purposes of paragraph

2 of subsection (1).

Sanction

re meetings

(3) For

greater certainty, the imposition of a sanction under paragraph 3 of subsection

(1) barring a member from attending all or part of one meeting of the board

shall be deemed, for the purpose of clause 228 (1) (b), to be authorization for

the member to be absent from the meeting.

Same

(4) A

member of a board who is barred from attending all or part of a meeting of the

board or a meeting of a committee of the board under subsection (1) is not

entitled to receive any materials that relate to that meeting or that part of

the meeting and that are not available to members of the public.

Notice

(5) The

integrity commissioner shall provide the member whose conduct was the subject

of the complaint and the board written notice of a determination that the

member has or has not breached the board’s code of conduct and of any sanctions

imposed.

Same

(6) The

written notice required under subsection (5) must include,

(

a) the

reasons for the determination;

(

b) the

reasons for any sanctions; and

(

c) information

about the right to appeal under

section 218.3.2.

Appeal

218.3.2

(1) Either

the board or the member whose conduct was the subject of the integrity

commissioner’s determination under

section 218.3.1 may appeal the

determination, the sanctions imposed, or both, and the board and the member are

the parties to such an appeal.

Board

resolution to appeal

(2) The

member whose conduct was the subject of the integrity commissioner’s

determination shall not vote on a board resolution to determine whether the board

will appeal that determination under subsection (1).

Notice

of appeal

(3) The

board or the member who appeals the integrity commissioner’s determination

shall give written notice of the appeal to the other party and the Deputy

Minister no later than 14 days after receiving written notice of the integrity

commissioner’s determination, or within such other time period as may be

prescribed by regulation.

Appeal

heard by panel

(4) The

appeal shall be heard by a panel of three integrity commissioners appointed by

the Deputy Minister or his or her delegate, but the panel shall not include the

integrity commissioner whose determination is the subject of the appeal.

Same

(5) If

a roster of commissioners was created under subsection 218.3 (4), the members

of the panel shall be appointed from the roster.

Hearing

(6) The

panel shall hold a hearing in accordance with the regulations.

Determination

overturned

(7) If

the panel overturns the determination made by the integrity commissioner, any sanction

imposed by the integrity commissioner is revoked.

Determination

upheld

(8) If

the panel upholds the determination made by the integrity commissioner, the

panel shall, within the time required by the regulations, uphold, vary or

overturn the sanction.

Determination

varied or overturned

(9) If

a sanction is varied or overturned under subsection (7) or (8), the variation

or overturning shall be deemed to be effective as of the date the original

determination was made under

section 218.3.1.

Final

determination

(10) The

decision of a panel under this

section respecting the determination of the

integrity commissioner is final.

Records

and information

(11) A

board shall keep records and publish information on its website about each of

the following:

1. A

matter referred to an integrity commissioner under subsection 218.3 (3).

2. A

decision of the integrity commissioner under subsection 218.3 (8).

3. A

determination of an integrity commissioner under

section 218.3.1.

4. A

determination by a panel under subsection (7) or (8).

Same

(12) Where

the alleged breach of the board’s code of conduct or the determination

regarding the breach involves any of the matters described in clauses 207 (2)

(

a) to (e), the board shall publish only such information as is appropriate.

Same

(13) The

Statutory Powers Procedure Act does not apply to

anything done under

section 218.3 or 218.3.1 or this section.

Same

(14) The

powers under sections 218.3 and 218.3.1 and this

section shall be exercised in

a manner that is consistent with,

(

a) the

denominational aspects of a Roman Catholic board;

(

b) the

denominational aspects of a Protestant separate school board;

(

c) the

linguistic or cultural aspects of a French-language district school board; or

(

d) the

linguistic or cultural aspects of the Centre Jules-Léger Consortium.

Regulations re codes of conduct

218.3.3 The

Lieutenant Governor in Council may make regulations respecting codes of conduct

and processes relating to alleged breaches of a code of conduct, including

regulations,

(

a) prescribing

the person to whom notice must be given under subsection 218.3 (2);

(

b) prescribing a time period for the

purposes of clause 218.3 (3) (

b) for referring a matter to an integrity

commissioner;

(

c) prescribing

the qualifications of integrity commissioners;

(

d) prescribing

fees to be paid to integrity commissioners, or the manner of calculating such

fees, and requiring boards to pay them;

(

e) prescribing

the process, including the participants and their roles in the process, by

which a person may be added to the roster of integrity commissioners;

(

f) governing

reviews of the roster of integrity commissioners, which may include prescribing

the timing and frequency of reviews and how long a person may be on the roster;

(

g) prescribing

rules and procedures that shall apply to the conduct of an investigation of an

alleged breach of a board’s code of conduct and to the process of making a

determination whether there was a breach;

(

h) prescribing a time period for the purposes

of subsection 218.3.2 (3) for giving a written notice of appeal;

(

i) governing

hearings required under subsection 218.3.2 (6) and prescribing rules and

procedures that shall apply to the hearings.

Clause 230 (

a) of the Act is amended by striking out “paragraph 2 or 3” and

substituting “paragraph 2, 3 or 22.1”.

Subsection 233 (3) of the Act is repealed and the following substituted:

Regulations

re restrictions

(3) The

Minister may make regulations,

(

a) requiring

a board to restrict, in the manner and to the extent specified in the

regulations, the use of any revenue for the purposes specified in the

regulations;

(

b) prescribing

the minimum and maximum amount of a board’s revenue that a board must use for a

specified purpose in a school board fiscal year;

(

c) prescribing

conditions on a board’s use of revenue for specified purposes.

Subsection 257.30 (2) of the Act is repealed and the following substituted:

Appointment

of investigator

(2) The

Minister may appoint as an investigator,

(

a) an

individual licensed under the Public Accounting Act, 2004

or a corporation that holds a certificate of authorization under that Act; or

(

b) an

employee in the Ministry.

Clauses 287.2 (

a) and (

b) of the Act are amended by adding “directors of

education” before “supervisory officers” wherever it appears.

Subsection 287.4 (1) of the Act is amended by adding “directors of education”

before “supervisory officers” in the portion before clause (a).

(1) Subsections 287.5 (4) and (5) of the Act are amended by striking

out “the supervisory officer, principal or vice-principal” wherever it appears

and substituting in each case “the person who is the subject of the performance

appraisal”.

(2) Subsections

287.5 (8) of the Act is amended by adding “the director of education, or to”

before “a class of supervisory officers”.

Subsection 287.6 (1) of the Act is amended by adding “director of education”

before “supervisory officer”.

Section 287.7 of the Act is amended by adding “director of education” before

“supervisory officer” wherever it appears.

The French version of clause 294 (3) (

h) of the Act is repealed and the

following substituted:

h) l’élaboration

et la mise en oeuvre de programmes d’éducation spécialisée;

Ontarians

with Disabilities Act, 2001

The French version of the

Preamble to the Ontarians with

Disabilities Act, 2001 is amended by striking out:

Loi sur l’éducation comprend des dispositions visant à répondre aux besoins des

élèves handicapés et identifiés comme «élèves en difficulté». Les conseils

scolaires sont tenus d’offrir des programmes d’enseignement et des services à

l’enfance en difficulté à l’intention de ces élèves.

and

substituting the following:

Loi sur l’éducation comprend des dispositions

visant à répondre aux besoins des élèves handicapés et identifiés comme «

élèves ayant des besoins particuliers en éducation spécialisée ». Les conseils

scolaires sont tenus d’offrir des programmes et services d’éducation

spécialisée à l’intention de ces élèves.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Better Schools and Student

Outcomes Act, 2023 receives Royal Assent.

(2) Section

1, subsections 2 (5) and (10) and 3 (1) and (2), sections 4 to 12, subsections 15

(1), (2) and (4) and sections 16, 17, 19, 20, 22 and 24 to 34 come into force

on a day to be named by proclamation of the Lieutenant Governor.

(3) Section

21 comes into force on December 31, 2023 or on an earlier day to be named by

proclamation of the Lieutenant Governor.

SCHEDULE 3

ONTARIO COLLEGE OF TEACHERS ACT, 1996

Subsection 1 (3) of the Ontario College of Teachers Act,

1996 is amended by adding the following paragraph:

10. Subsection

58.1 (3).

Subsection 14 (8) of the Act is repealed and the following substituted:

Use

of title, inactive/non-practising

(8) No

person, except a member who meets the criteria prescribed in the by-laws, shall

the French title “Enseignant(

e) agréé(

e) de l’Ontario — Membre inactif” or an abbreviation

of any of those titles to describe themselves or their profession.

The Act amended by adding the following section:

Teacher

education program, accreditation

17.1 A professional teacher

education program offered by a post-secondary educational institution shall not

be accredited unless it enables students of the program to acquire knowledge of

the Ontario curriculum, particularly in relation to math, reading and literacy,

and any other element of a professional teacher education program prescribed by

the regulations.

Clause 23 (2) (c.1) of the Act is repealed and the following substituted:

(c.1) the

notation “Inactive/Non-Practising” for a certificate of qualification and

registration, if the person meets the criteria prescribed in the by-laws;

(1) Subsection 24 (3) of the Act is amended by adding “Subject to

subsection 47.2 (4)” at the beginning.

(2) Subsection

24 (3) of the Act, as amended by subsection (1), is amended by adding

“subsection (4) and” after “Subject to”.

(3) Section

24 of the Act is amended by adding the following subsections:

Revocation

(4) The Registrar may revoke a certificate of

qualification and registration that is suspended under subsection (1) if the

suspension is not removed within three years after the date of the suspension

or within such shorter time period as may be prescribed by the regulations.

Application

for new certificate

(5) A

member whose certificate has been revoked under subsection (4) may apply for a

new certificate of qualification and registration in accordance with the

regulations.

(1) Clause 26 (5) (

d) of the Act is repealed and the following

substituted:

(

d) take

such action as it considers appropriate in the circumstances and that is not

inconsistent with this Act, the regulations or the by-laws, including,

(

i) issuing

a caution, reminder, advice or admonishment to the person complained against,

(ii) requiring

the member to complete remedial training or education.

(2) Subsection

26 (9) of the Act is repealed and the following substituted:

Application

of section, related criminal conviction

(9) If

a member has been convicted or found guilty of an offence under the Criminal Code (Canada) for the same conduct or action

that is the subject matter of a complaint, the Investigation Committee may

refer the matter, in whole or in part, to the Discipline Committee and, in that

case, subsections (1) to (8) cease to apply and the Registrar shall notify the

complainant of the referral.

Section 30.2 of the Act is amended by adding the following subsections:

hearing

(8) Despite

clause 30 (1) (a), the Discipline Committee need not hold a hearing or afford

to any person an opportunity for a hearing or an opportunity to make oral or

written submissions before making a decision or giving a direction under

section 30 if,

(

a) the

matter has been referred to the Committee under subsection 26 (5) or (9) and

involves or includes

an act referred to in subsection (2) of this section; and

(

b) the

member has been convicted or found guilty of an offence under the Criminal Code (Canada) for the same conduct or action

that is the subject of the matter and,

(

i) the

time for an appeal has expired, or

(ii) an

appeal was dismissed or abandoned and no further appeal is available.

Same

(9) For

greater certainty,

section 30 applies, with necessary modifications, even if,

in accordance with subsection (8) of this section, a hearing is not held.

Subsection 33 (4.1) of the Act is amended by striking out “the date of the

order” in the portion before paragraph 1 and substituting “the date of the

revocation order or the date of the deemed revocation”.

Paragraph 2 of subsection 35 (5) of the Act is amended by striking out “under

subsection 30.2 (1)” at the end and substituting “on the grounds of

professional misconduct”.

Subsection 40 (1) of the Act is amended by adding the following paragraph:

14.3.1 prescribing

a time period for the purposes of subsection 24 (4);

Subsection 41 (1) of the Act is amended by adding the following paragraph:

22.1 respecting

the use of the Inactive/Non-Practising title by members of the College.

Subsection 42 (1) of the Act is amended by adding the following clause:

(d.4) providing

for any transitional matters the Lieutenant Governor in Council considers

necessary or advisable in connection with the implementation of the amendments

to this Act made by

Schedule 3 to the Better Schools and

Student Outcomes Act, 2023 , including prescribing a date for the

purposes of subsection 63.4 (2);

Section 43.3.1 of the Act is repealed and the following substituted:

Employer

report deemed to be complaint

43.3.1 Where the Registrar

refers an employer’s report filed under

section 43.2 or 43.3 to the

Adjudicative Body of Chairs or a committee established under

section 15, the

report is deemed, for the purposes of Parts IV and V, to be a complaint that

was filed on the day the Registrar referred the report and the Registrar is

deemed to be the complainant.

Paragraph 1.1 of subsection 43.4 (1) of the Act is repealed and the following

substituted:

1.1 If

a referral respecting a member is made under subsection 26 (9), the Registrar

shall notify the employer of the referral.

Section 47.2 of the Act is amended by adding the following subsection:

Removal

of suspensions, etc.

(4) The

Registrar shall not remove a suspension of a certificate of qualification and

registration made under subsection 24 (1), 29 (3), 29.2 (1), 30 (4) or 31

(3) or issue a certificate or remove a suspension of a certificate in accordance

with an order made under

section 33 or subsection 34 (1) unless the person

whose certificate is the subject of the suspension or order provides evidence

satisfactory to the Registrar that they have successfully completed the sexual

abuse prevention program educational requirements referred to in subsection

(3) of this section.

Section 48.1 of the Act is amended by,

(

a) striking

out “or (3)” and substituting “(3), (3.1) or (3.2)”; and

(

b) striking

out “43.3 (1)” and substituting “43.3 (1), (1.1), (1.2), (1.3)”.

Clause 58.1 (3) (

a) of the Act is repealed and the following substituted:

(

a) it

is alleged in a complaint or report against a member received by the College

that the student was the subject of sexual abuse, a prescribed sexual act or a

prohibited act involving child pornography; or

Section 63.2 of the Act is amended by striking out “section 23 of that Schedule”

and substituting “section 22 of that Schedule”.

The Act is amended by adding the following section:

Transition,

Better Schools and Student Outcomes Act, 2023

63.4

(1) In this

section,

“transition

date” means the day

section 3 of

Schedule 3 to the Better

Schools and Student Outcomes Act, 2023 comes into force.

Transition,

s. 24 (4)

(2) If

a date is prescribed by the regulations for the purposes of this subsection,

subsection 24 (4) does not apply before the prescribed date in respect of a

certificate that was suspended before the transition date.

Transition,

s. 26 (5)

(3) Subsection

26 (5), as amended by subsection 6 (1) of

Schedule 3 to the Better Schools and Student Outcomes Act, 2023 , applies in

respect of a complaint that is made before the transition date if no decision

has been made in respect of the matter before that date by the Investigation

Committee under subsection 26 (5) of this Act.

Transition,

s. 26 (9)

(4) Subsection

26 (9), as re-enacted by subsection 6 (2) of

Schedule 3 to the Better Schools and Student Outcomes Act, 2023 , applies in

respect of a complaint that is made before the transition date if no decision

has been made in respect of the matter before that date by the Investigation

Committee under subsection 26 (5) of this Act.

Transition,

s. 30.2 (8)

(5) Subsection

30.2 (8) applies in respect of a matter referred to the Discipline Committee

before the transition date if a hearing by a panel of the Discipline Committee

respecting the matter has not been commenced before the transition date.

Transition,

s. 33 (4.1)

(6) For

greater certainty, subsection 33 (4.1), as amended by

section 8 of

Schedule 3

to the Better Schools and Student Outcomes Act, 2023 ,

applies in respect of a certificate revoked before the transition date pursuant

to an order made under

section 30 or deemed revoked pursuant to

section 30.3.

Transition,

s. 35 (5)

(7) Paragraph

2 of subsection 35 (5), as amended by

section 9 of

Schedule 3 to the Better Schools and Student Outcomes Act, 2023 , does not

apply to an order of the Discipline Committee made before the transition date.

Transition,

s. 47.2 (4)

(8) Subsection 47.2 (4) applies to a suspension or order

that was made before the transition date if the suspension is not removed or

the certificate is not issued before that date.

Protect,

Support and Recover from COVID-19 Act (Budget Measures), 2020

Section 38 of

Schedule 33 to Protect, Support and Recover

from COVID-19 Act (Budget Measures), 2020 is repealed and the following

substituted:

Part XII of the Act is repealed.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Better Schools and Student

Outcomes Act, 2023 receives Royal Assent.

(2) Sections

2 and 4, subsections 5 (2) and (3) and

section 11 come into force on a day to

be named by proclamation of the Lieutenant Governor.

Bill 98 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

EARLY CHILDHOOD EDUCATORS ACT, 2007

The

Schedule makes several amendments to the Early Childhood

Educators Act, 2007 , including the following:

1. Authorizing

the Complaints Committee to require a member to undertake remedial training or education a specified continuing education or remediation program .

2. Authorizing

the Complaints Committee and the Discipline Committee to deal with members

convicted of an offence under the Criminal Code

(Canada) in particular ways.

3. Having

the Registrar, as opposed to the employer, become the complainant when an

employer’s report is filed.

4. Removing

the requirement that a child be, in the opinion of the College, supervised by a

member in order to be eligible for funding in relation to a complaint or report

against the member that the child was the subject of sexual abuse, a prescribed

sexual act or a prohibited act involving child pornography. Instead, a person is eligible for funding if, in the

opinion of the College, the member’s practice facilitated the relationship

between the child and the member or the member’s access to the child.

5. Addressing

transitional matters.

SCHEDULE 2

EDUCATION ACT

Various

amendments are made to the Education Act , including

the following:

1. The

French version of the Act is amended to update language relating to special

education.

2. The

Act is amended to add Minister’s powers and regulation-making powers, and other

related provisions, respecting provincial priorities in education in the area

of student achievement.

3. Regulation-making

powers are added governing boards’ participation in the prescribed activities,

and relating to school board controlled entities.

4. The

Act is amended to add Minister’s powers and regulation-making powers, and other

related provisions, respecting the provision of equivalent apprenticeship

learning to pupils.

5. Amendments

are made addressing when a board may or must sell, lease or otherwise dispose

of a school site, part of a school site or school property, and giving the

Minister various powers over such dispositions, including regulation-making

powers.

6. Boards

are required to adopt codes of conduct that apply to the members of the board.

Amendments set out the process that shall apply where there is an allegation of

a breach of the code of conduct.

7. The

following Minister’s powers are also added:

i. To

issue guidelines respecting the review and revision of curricula.

ii. To

issue policies and guidelines setting out the training to be completed by board

members, directors of education, supervisory officers and superintendents.

iii. To

charge a fee for the evaluation of textbooks, library books, reference books or

other learning materials for selection and approval.

iv. To

establish policies and guidelines respecting student mental health and

communications with parents.

8. Various

other related and consequential amendments are made.

SCHEDULE 3

ONTARIO COLLEGE OF TEACHERS ACT, 1996

The

Schedule makes several amendments to the Ontario College

of Teachers Act, 1996 , including the following:

1. Providing

that the references to “student” in subsection 58.1 (3) are references

described in subsection 1 (3).

2. Moving

the exception to the prohibition respecting the use of the title

“Inactive/Non-Practising” from the Act to the by-laws.

3. Allowing

the Registrar to revoke a certificate of qualification and registration if the

certificate has been suspended under subsection 24 (1) for more than three

years or for a time period set out in regulations.

4. Authorizing

the Investigation Committee to require a member to undertake remedial training

or education.

5. Authorizing

the Investigation Committee and the Discipline Committee to deal with members

convicted of an offence under the Criminal Code

(Canada) in particular ways.

6. Having

the Registrar, as opposed to the employer, become the complainant when an

employer’s report is filed.

7. Prohibiting the Registrar from removing

a suspension of a certificate or issuing a certificate unless the member whose

certificate has been suspended or revoked successfully completes the sexual

abuse prevention program requirements.

8. Making

a contravention of subsection 43.2 (3.1) or (3.2) or subsection 43.3 (1.1),

(1.2) or (1.3) an offence for which an employer, on conviction, is liable to a

fine of not more than $25,000.

9. Removing

the requirement that a student be, in the opinion of the College, supervised by

a member in order to be eligible for funding in relation to a complaint or

report against the member that the student was the subject of sexual abuse, a

prescribed sexual act or a prohibited act involving child pornography.

10. Addressing

transitional matters.

Bill 98 2023

Act to amend various Acts relating to education and child care

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Early

Childhood Educators Act, 2007

Schedule 2

Education

Act

Schedule 3

Ontario

College of Teachers Act, 1996

Preamble

The

Government is committed to re-focusing Ontario’s education system on student

achievement, prioritizing hands-on learning and skills development in reading,

writing and math. Legislative changes are needed to advance a vision for

Ontario’s kindergarten to grade 12 education system that is centred on

preparing students to succeed in life and work and on putting highly qualified

educators in the classroom while strengthening the voices of parents. The

Government believes that these reforms would ensure students graduate with a

competitive advantage while learning modern curricula in modern schools,

preparing them for the jobs of the future.

Therefore,

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 proclamation of the Lieutenant Governor, a

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Better Schools and Student Outcomes

Act, 2023 .

SCHEDULE 1

EARLY CHILDHOOD EDUCATORS ACT, 2007

(1) Clause 31 (5) (

e) of the Early Childhood

Educators Act, 2007 is repealed and the following substituted:

(

e) take

such action as it considers appropriate in the circumstances and that is not

inconsistent with this Act, the regulations or the by-laws, including,

(

i) issuing

a caution, reminder, advice or admonishment to the person complained against,

(ii) requiring

the member to complete remedial

training or education

a specified continuing education or remediation program .

(2) Subsection

31 (9) of the Act is repealed and the following substituted:

Application

of section, related criminal conviction

(9) If

a member has been convicted or found guilty of an offence under the Criminal Code (Canada) for the same conduct or action

that is the subject matter of a complaint, the Complaints Committee may refer

the matter, in whole or in part, to the Discipline Committee and, in that case,

subsections (1) to (8) cease to apply and the Registrar shall notify the

complainant of the referral.

Section 33.2 of the Act is amended by

adding the following subsection:

No hearing

(8) Despite clause 33 (1)

(a), the Discipline Committee need not hold a hearing or afford to any person

an opportunity for a hearing or an opportunity to make oral or written

submissions before making a decision or giving a direction under this

section

if,

(

a) the matter has been referred to

the Committee under subsection 31 (5) or (9); and

(

b) the member has been convicted or

found guilty of an offence under the Criminal Code

(Canada) for conduct or action that involves or includes conduct or action

referred to in subsection (2) and,

(

i) the time for an appeal

has expired, or

(ii) an appeal was dismissed

or abandoned and no further appeal is available.

Section

33.2 of the Act is amended by adding the following subsections:

No hearing

(8) Despite clause 33 (1) (a), the Discipline

Committee need not hold a hearing or afford to any person an op portunity for a hearing or an opportunity to make oral or

written submissions before making a decision or giving a direction under

section 33 if,

(

a) the matter has been referred to the Committee under

subsection 31 (5) or (9) and involves or includes

an act referred to in subsection (2) of this section; and

(

b) the member has been convicted or found guilty of an

offence under the Criminal Code (Canada) for the same conduct or action that is the

subject of the matter and,

(

i) the time for an appeal has expired, or

(ii) an appeal was dismissed or abandoned and no further

appeal is available.

Same

(9) For greater certainty,

section 33 applies,

with necessary modifications, even if, in accordance with subsection (8) of

this section, a hearing is not h eld.

Section 49.2.1 of the Act is repealed and the following substituted:

Employer

report deemed to be complaint

49.2.1 Where the Registrar

refers an employer’s report filed under

section 49.1 or 49.2 to the Council or

a committee of Council established under

section 19, the report is deemed, for

the purposes of

Part V, to be a complaint that was filed on the day the

Registrar referred the report and the Registrar is deemed to be the

complainant.

Paragraph 1.1 of subsection 49.3 (1) of the Act is repealed and the following

substituted:

1.1 If

a referral respecting a member is made under subsection 31 (9), the Registrar

shall notify the employer of the referral.

Clause 59.2 (3) (

a) of the Act is repealed and the following substituted:

(

a) it is alleged in a complaint or

report against a member received by the College that the child was the subject

of sexual abuse, a prescribed sexual act or a prohibited act involving child

pornography; or

(

a) it is alleged in a complaint or

report against a member received by the College that the child was the subject

of sexual abuse, a prescribed sexual act or a prohibited act involving child

pornography and, in the opinion of the College, the member’s practice

facilitated the relationship between the child and the member or the member’s

access to the child; or

The Act is amended by adding the following section:

Transition,

Better Schools and Student Outcomes Act, 2023

59.1.2

(1) In this

section,

“transition

date” means the day subsection 1 (1) of

Schedule 1 to the Better

Schools and Student Outcomes Act, 2023 comes into force.

Transition,

s. 31 (5)

(2) Subsection

31 (5), as amended by subsection 1 (1) of

Schedule 1 to the Better Schools and Student Outcomes Act, 2023 , applies to

a complaint that is made before the transition date if no decision has been

made in respect of the matter before that date by the Complaints Committee

under subsection 31 (5) of this Act.

Transition,

s. 31 (9)

(3) Subsection

31 (9), as re-enacted by subsection 1 (2) of

Schedule 1 to the Better Schools and Student Outcomes Act, 2023 , applies to

a complaint that is made before the transition date if no decision has been

made in respect of the matter before that date by the Complaints Committee

under subsection 31 (5) of this Act.

Transition,

s. 33.2 (8)

(4) Subsection

33.2 (8) applies to a matter referred to the Discipline Committee before the

transition date if a hearing by a panel of the Discipline Committee respecting

the matter has not been commenced before the transition date.

Commencement

This

Schedule comes into force on the day the Better

Schools and Student Outcomes Act, 2023 receives Royal Assent.

SCHEDULE 2

EDUCATION ACT

(1) Subsection 1 (1) of the Education Act

is amended by adding the following definition:

“equivalent

apprenticeship learning” means a learning situation,

(

a) in

which a pupil participates in an apprenticeship program within the meaning of

the Building Opportunities in the Skilled Trades Act, 2021 ,

and

(

b) that

meets the criteria set out in the regulations; (“formation équivalente en

apprentissage”)

(2) The

definition of “equivalent learning” in subsection 1 (1) of the Act is repealed.

(3) The

French version of the

definitions of “exceptional pupil”, “special education

program” and “special education services” in subsection 1 (1) of the Act are

repealed.

(4) The

French version of subsection 1 (1) of the Act is amended by adding the

following

definitions:

«élève

ayant des besoins particuliers en éducation spécialisée» Élève présentant des

anomalies de comportement ou de communication, des anomalies d’ordre

intellectuel ou physique ou encore des anomalies multiples qui appellent un

placement approprié, de la part du comité créé aux termes de la

sous-disposition iii de la disposition 5 du paragraphe 11 (1), dans un

programme d’éducation spécialisée offert par le conseil :

a) soit

dont il est élève résident;

b) soit

qui admet ou inscrit l’élève autrement qu’en conformité avec une entente

conclue avec un autre conseil en vue de lui dispenser l’enseignement;

c) soit

auquel les frais d’instruction de l’élève sont payables par le ministre.

(«exceptional pupil»)

«programme

d’éducation spécialisée» Programme d’enseignement fondé sur les résultats d’une

évaluation continue et modifié par ceux-ci en ce qui concerne un élève ayant

des besoins particuliers en éducation spécialisée, y compris un projet qui

renferme des objectifs précis et un plan des services éducatifs qui satisfont

aux besoins de l’élève. («special education program»)

«services

en éducation spécialisée» Installations et ressources, y compris le personnel

de soutien et le matériel, nécessaires à l’élaboration et à la mise en oeuvre

d’un programme d’éducation spécialisée. («special education services»)

(1) Subsection 8 (1) of the Act is amended by adding the following

paragraph:

provincial

priorities in education

0.1 establish

policies and guidelines respecting the provincial priorities in education in

the area of student achievement prescribed under subsection 11.2 (1), and

require boards to comply with the policies and guidelines.

(2) Paragraph

3 of subsection 8 (1) of the Act is amended by adding the following

subparagraph:

(a.1) issue guidelines respecting the

review and revision of curricula, which may address how often reviews shall

occur to determine whether revisions are required and shall require revisions to

be informed by experts on pedagogy and labour market needs,

(3) Subsection

8 (1) of the Act is amended by adding the following paragraph:

policies

and guidelines: training for board members, others

3.4.1 establish

policies and guidelines setting out training, including the content, timing and

frequency of training, to be completed by board members, directors of

education, supervisory officers and superintendents and require those

individuals to comply with the policies and guidelines;

(4) Subsection

8 (1) of the Act is amended by adding the following paragraph:

fee

for evaluation of textbooks etc.

6.1 charge

a fee for the evaluation of textbooks, library books, reference books or other

learning materials for the purposes of selection and approval under paragraph

(5) Subsection

8 (1) of the Act is amended by adding the following paragraph:

equivalent

apprenticeship learning

22.1 establish

policies and guidelines respecting equivalent apprenticeship learning and

require boards to comply with them, and require boards to develop and offer

equivalent apprenticeship learning to their pupils in accordance with the

policies and guidelines;

(6) Paragraph

27.1 of subsection 8 (1) of the Act is amended by striking out “and” at the end

of subparagraph (b), by adding “and” at the end of subparagraph (

c) and by adding

the following subparagraph:

(

d) to

make the report available to the public in any manner that the Minister

considers appropriate;

(7) Subsection

8 (1) of the Act is amended by adding the following paragraph:

board

communication with parents and guardians

27.3 establish,

and require boards to comply with, policies and guidelines governing boards’

communications with parents and guardians, including policies and guidelines,

(

a) specifying

informational materials that boards shall provide to parents and guardians,

including materials setting out parents’ and guardians’ rights and

responsibilities under this Act in relation to matters such as special

education, or requiring boards to develop such materials,

(

b) respecting

the form and content of the materials and the frequency and manner in which

they shall be provided to parents and guardians or made publicly available, and

(

c) requiring

boards to develop and comply with a protocol setting out standards for

responding to parent and guardian inquiries, specifying the content that the

protocol must include or address and requiring boards to make the protocol

publicly available;

(8) Subsection

8 (1) of the Act is amended by adding the following paragraph:

student

mental health

29.6 establish

policies and guidelines respecting student mental health, including respecting

the use of learning materials relating to student mental health, and require

boards to comply with the policies and guidelines;

(9) Section

8 of the Act is amended by adding the following subsection:

Records

of training

(2) If

board members, directors of education, supervisory officers or superintendents

are required by a policy or guideline issued under paragraph 3.4.1 of

subsection (1) to complete training, the board shall keep records relating to

the completion of the training for at least four years.

(10) The

French version of subsection 8 (3) of the Act is repealed and the following

substituted:

Programmes

d’identification et programmes et services en éducation spécialisée

(3) Le

ministre veille à ce que les enfants ayant des besoins particuliers en

éducation spécialisée de l’Ontario puissent bénéficier, conformément à la

présente loi et aux règlements, de programmes et services en éducation

spécialisée qui soient appropriés et pour lesquels les parents ou tuteurs

résidents de l’Ontario ne soient pas obligés d’acquitter de droits. Il prévoit

la possibilité, pour les parents ou les tuteurs, d’interjeter appel de la

décision de placement d’un élève dans un programme d’éducation spécialisée et,

à ces fins, le ministre :

a) exige

que les conseils scolaires mettent en oeuvre des méthodes d’identification

précoce et continue de l’aptitude à apprendre et des besoins des élèves, et il

fixe des normes régissant la mise en oeuvre de ces méthodes;

b) définit

les anomalies des élèves en ce qui concerne les programmes et services en

éducation spécialisée, établit des classes, groupes ou catégories d’élèves

ayant des besoins particuliers en éducation spécialisée, et exige que les

conseils utilisent les définitions ou les classements établis aux termes du

présent alinéa.

(1) The French version of paragraphs 5 and 6 of subsection 11 (1) of

the Act are repealed and the following substituted:

programmes

d’éducation spécialisée

5. régir

la création, la mise en oeuvre, l’organisation et l’administration de ce qui

suit :

i. les

programmes d’éducation spécialisée,

ii. les

services en éducation spécialisée,

iii. les

comités pour identifier les élèves ayant des besoins particuliers en éducation

spécialisée, s’occuper de leur placement et le réexaminer;

appels

relatifs à l’identification et au placement d’élèves

6. régir

la marche à suivre pour les parents ou tuteurs qui veulent appeler de

l’identification et du placement d’élèves ayant des besoins particuliers en

éducation spécialisée dans des programmes d’éducation spécialisée;

(2) Section

11 of the Act is amended by adding the following subsection:

Regulations:

equivalent apprenticeship learning

(2) Subject

to the approval of the Lieutenant Governor in Council, the Minister may make

regulations governing the provision of equivalent apprenticeship learning,

including regulations prescribing criteria for the purposes of the definition

of “equivalent apprenticeship learning”.

(3) Section

11 of the Act is amended by adding the following subsections:

Regulations:

board participation in activities

(5) Subject

to the approval of the Lieutenant Governor in Council, the Minister may make

regulations prescribing activities relating to a board’s business activities

and governing boards’ participation in those activities.

Regulations:

school board controlled entities

(6) Subject

to the approval of the Lieutenant Governor in Council, the Minister may make

regulations in respect of school board controlled entities, including,

(

a) defining

“school board controlled entity” and prescribing persons or organizations that

are school board controlled entities;

(

b) prescribing

requirements relating to finance and accountability and requiring school board

controlled entities to comply with the requirements.

The French version of clause 11.1 (6) (

d) of the Act is repealed and the

following substituted:

d) la prise

et la mise en oeuvre des mesures qui y sont précisées en ce qui concerne la

prestation de services en éducation spécialisée;

The Act is amended by adding the following section:

Regulations

re provincial priorities

11.2

(1) The

Lieutenant Governor in Council may make regulations prescribing provincial

priorities in education in the area of student achievement.

Review

(2) The

Minister shall review a regulation made under subsection (1) at least every

three years for the purpose of determining whether any amendments are

advisable.

(1) The French version of subsection 13 (4.1) of the Act is repealed

and the following substituted:

Idem

(4.1) Une

école d’application peut offrir, sous le régime de l’internat ou de l’externat,

des programmes et services en éducation spécialisée aux élèves ayant des

besoins particuliers en éducation spécialisée qui ont des troubles

d’apprentissage ou un handicap auditif ou visuel.

(2) The

French version of subsection 13 (5) of the Act is amended by striking out

“élèves en difficulté” in the portion after clause (

b) and substituting “élèves

ayant des besoins particuliers en éducation spécialisée”.

The French version of clause 13.1 (7) (

b) of the Act is amended by striking out

“d’enfants en difficulté” and substituting “d’enfants ayant des besoins

particuliers en éducation spécialisée”.

Subsection 21 (1.1) of the Act is repealed and the following substituted:

Participation

in equivalent apprenticeship learning

(1.1) A

person shall be considered to be attending school when he or she is

participating in equivalent apprenticeship learning.

(1) Subsection 30 (3) of the Act is amended by adding “Subject to

subsection (3.1)” at the beginning.

(2) Section

30 of the Act is amended by adding the following subsection:

Exception

(3.1) Subsection

(3) does not apply when the person required to attend school is employed during

school hours as part of equivalent apprenticeship learning.

10 The French version of subsection 49.2 (7) of

the Act is repealed and the following substituted:

Élèves

ayant des besoins particuliers en éducation spécialisée

(7) Le

présent

article ne s’applique pas aux personnes suivantes :

a) les

personnes qui sont identifiées à

titre d’élèves ayant des besoins particuliers

en éducation spécialisée en vertu de la présente loi et qu’un comité

d’identification, de placement et de réexamen de l’éducation spécialisée a

recommandé de placer dans un programme scolaire de jour;

b) les

personnes qui sont membres d’une catégorie de personnes prescrite en vertu du

paragraphe (8).

The French version of the heading before

section 57 and

section 57 of the Act are

repealed and the following substituted:

Tribunaux

de l’éducation spécialisée et comités consultatifs de l’éducation spécialisée

Tribunaux

de l’éducation spécialisée

(1) Le

lieutenant-gouverneur en conseil crée un ou plusieurs tribunaux de l’éducation

spécialisée.

Nomination

(1.1) Le

lieutenant-gouverneur en conseil peut nommer les membres des tribunaux de

l’éducation spécialisée et fixer la durée de leur mandat.

Rémunération

et indemnités

(1.2) Les

membres d’un tribunal de l’éducation spécialisée reçoivent la rémunération que

fixe le lieutenant-gouverneur en conseil et le remboursement des dépenses

raisonnables et nécessaires qu’ils engagent afin d’assister aux réunions et de

conduire les affaires du tribunal.

Présidence

(1.3) Le

ministre peut nommer à la présidence l’un des membres d’un tribunal de

l’éducation spécialisée.

Vice-présidence

(1.4) Le

président d’un tribunal de l’éducation spécialisée peut nommer à la

vice-présidence l’un des membres du tribunal.

Idem

(1.5) En

cas d’absence ou d’empêchement du président d’un tribunal de l’éducation

spécialisée, le vice-président peut exercer ses pouvoirs ou fonctions.

Règlements

(2) Le

lieutenant-gouverneur en conseil peut, par règlement, prévoir ce qui suit en ce

qui concerne les tribunaux de l’éducation spécialisée :

a) leur

organisation et leur administration;

b) leurs

règles de pratique et de procédure;

c) les

frais que doivent assumer les personnes qui comparaissent devant eux.

Droit

d’appel

(3) Le

parent ou le tuteur d’un élève qui a épuisé tous les droits d’appel prévus par

règlement en ce qui concerne l’identification ou le placement de l’élève à

titre d’élève ayant des besoins particuliers en éducation spécialisée et qui

n’est pas satisfait de la décision prise à cet égard peut interjeter appel de

celle-ci devant un tribunal de l’éducation spécialisée.

Audience

du tribunal de l’éducation spécialisée

(4) Le

tribunal de l’éducation spécialisée entend l’appel et peut :

a) soit

le rejeter;

b) soit

l’accueillir et rendre l’ordonnance qu’il estime nécessaire en ce qui concerne

l’identification ou le placement.

Décision

définitive

(5) La

décision du tribunal de l’éducation spécialisée est définitive et lie les

parties.

The French version of

section 57.1 of the Act is amended by striking out “pour

l’enfance en difficulté” wherever it appears and substituting in each case “de

l’éducation spécialisée”.

(1) Subsection 169.1 (4) of the Act is repealed and the following

substituted:

Communication

re multi-year plan

(4) Every

board shall,

(

a) publish

the plan referred to in clause (1) (f), in the form required by the Minister,

on its website;

(

b) take

steps to,

(

i) bring

the plan referred to in clause (1) (

f) to the attention of parents of pupils,

supporters and employees of the board, and

(ii) report

to parents of pupils, supporters and employees of the board about progress in

implementing the plan referred to in clause (1) (f); and

(

c) meet

with parents of pupils about the plan referred to in clause (1) (f),

(

i) within

the first two months of each school year, to discuss the plan as it applies to

that school year, and

(ii) within

the last two months of each school year, to report on progress and results

achieved in that school year.

Meetings

(4.1) Meetings

required under clause (4) (

c) must include information on planned and actual

spending related to the plan, and provide means for parents of pupils to

participate in the meetings and engage with all other participants.

(2) Section

169.1 of the Act is amended by adding the following subsections:

Support

personnel

(6) The

Minister may assign support personnel to work with a board where,

(

a) the

board’s multi-year plan referred to in clause (1) (

f) fails to address all the

elements required under that clause, except as it relates to clause (1) (b); or

(

b) the

Minister is unsatisfied with the board’s progress in implementing the

multi-year plan or achieving the goals of the plan, except as it relates to

clause (1) (b).

Same

(7) The

board has a duty to co-operate with the support personnel assigned by the

Minister under subsection (6).

The Act is amended by adding the following section:

Provincial

priorities for student achievement, multi-year plan

169.2 Every board shall

develop the multi-year plan referred to in clause 169.1 (1) (

f) in a manner

consistent with the policies and guidelines established under paragraph 0.1 of

subsection 8 (1), with the aim of achieving goals related to the provincial

priorities in education in the area of student achievement prescribed under

subsection 11.2 (1).

(1) The French version of paragraph 7 of subsection 170 (1) of the

Act is repealed and the following substituted:

programmes

et services d’éducation spécialisée

7. offrir,

conformément aux règlements, des programmes et des services d’éducation

spécialisée aux élèves ayant des besoins particuliers en éducation spécialisée

ou conclure une entente avec un autre conseil à cette fin;

(2) Subsection

170 (1) of the Act is amended by adding the following paragraph:

equivalent

apprenticeship learning

7.3 in

accordance with any policies or guidelines established under paragraph 22.1 of

subsection 8 (1), develop and offer equivalent apprenticeship learning to their

pupils;

(3) Subsection

170 (1) of the Act is amended by adding the following paragraph:

collaboration

with municipalities

8.1 collaborate

with municipalities to plan for the early and integrated development of school

sites and the establishment of child care centres within schools to meet

current and future needs of the board;

(4) Subsection

170 (1) of the Act is amended by adding the following paragraph:

co-operation

re child care

19. co-operate

with service system managers, as required by subsections 51 (4) and 52 (2) of

the Child Care and Early Years Act, 2014 , for the

purposes of developing and implementing child care and early years programs and

services plans.

The French version of paragraph 40 of subsection 171 (1) of the Act is amended

by striking out “élèves en difficulté” and substituting “les élèves ayant des

besoins particuliers en éducation spécialisée”.

The French version of subsection 190 (3) of the Act is amended by striking out

“enfants en difficulté” and substituting “enfants ayant des besoins

particuliers en éducation spécialisée”.

The Act is amended by adding the following section:

Information

and reports re school property

193.1

(1) A board

shall provide to the Minister such information and reports as the Minister

requires respecting school sites, parts of school sites or other property of

the board and respecting the board’s plans for current and future school sites,

parts of school sites and property of the board, including information

respecting,

(

a) the

condition of school sites, parts of school sites and

property of the board ; and

(

b) the

board’s plans for the acquisition, sale, lease or other

disposition of school sites, parts of school sites or property of the board.

Same

(2) The

information and reports shall be provided in the form and manner and at times

requested by the Minister.

Subsections 194 (3) to (5) of the Act are repealed and the following

substituted:

Power to dispose of site or property

(3) A

board may sell, lease or otherwise dispose of a school site, part of a school

site or other property of the board in the circumstances prescribed by the

regulations.

Exception

(4) Subsection

(3) does not apply in respect of real property described in subsection (1).

Requirement

to dispose of site or property

(5) A

board shall sell, lease or otherwise dispose of a school site, part of a school

site or other property of the board in the circumstances prescribed by the

regulations.

Direction by Minister

(6) The Minister may direct a

board to sell, lease or otherwise dispose of a school site, part of a school

site or other property of the board if it is not needed to meet current or

future pupil accommodation needs of the board, as determined in accordance with

the regulations.

Direction by Minister

(6) The Minister may direct a

board to sell, lease or otherwise dispose of a school site, part of a school

site or other property of the board if it is not needed to meet the board’s

current pupil accommodation needs or its pupil accommodation needs for the next

10 years, as determined in accordance with the regulations.

Conduct of sale, lease, disposition

(7) A

sale, lease or other disposition of a school site, part of a school site or other

property of a board under this

section shall be conducted in accordance with

the regulations.

Notice or approval

(8) In

the circumstances prescribed by the regulations, a board shall give notice to

the Minister of a sale, lease or other disposition of a school site, part of a

school site or other property of a board under this section, or obtain the

approval of the Minister for the sale, lease or other disposition.

Application

of proceeds

(9) The

board shall apply the proceeds of a sale, lease or other disposition of a

school site, part of a school site or other property of a board for the

purposes of the board.

Regulations

(10) The

Minister may make regulations governing the sale, lease or other disposition of

school sites, parts of school sites or other property of a board, including

regulations,

(

a) prescribing

the circumstances in which a board may make or shall make a sale, lease or

disposition;

(

b) respecting

the conduct of a sale, lease or disposition;

(

c) prescribing

the circumstances in which a board shall give notice to the Minister of a sale,

lease or disposition or obtain the approval of the Minister for the sale, lease

or disposition;

(

d) respecting to whom school sites or parts

of school sites or property may or must be offered;

(

e) respecting

the price or other consideration for a disposition or class of dispositions;

(

f) respecting

the use of the proceeds of a disposition or class of dispositions;

(

g) respecting

the purposes for which school sites, parts of school sites or property that is

disposed of to other boards must be used by the transferee board;

(

h) requiring

a transferee board to return a school site or part of a school site or property

to the transferor board if no longer used for the purposes referred to in

clause (g);

(

i) respecting

the price or other consideration for a return or class of returns required

under clause (h).

Same

(11) The

Lieutenant Governor in Council may make regulations,

(

a) for the purposes of subsection

(6), governing the circumstances when a school site, part of a school site or

other property is not needed to meet current or future pupil accommodation

needs, and authorizing the Minister to determine whether the circumstances

exist;

(

a) for the purposes of subsection

(6), governing the circumstances when a school site, part of a school site or

other property is not needed to meet a board’s current pupil accommodation

needs or its pupil accommodation needs for the next 10 years, and authorizing

the Minister to determine whether the circumstances exist;

(

b) providing

for transitional matters that, in the Lieutenant Governor in Council’s opinion,

are necessary or desirable in connection with the implementation of

section 19

of

Schedule 2 to the Better Schools and Student Outcomes

Act, 2023 .

Conflict

with transitional regulations

(12) In

the event of a conflict between this Act or the regulations and a regulation

made under clause (11) (b), the regulation made under clause (11) (

b) prevails.

(1) Subsection 195 (1) of the Act is amended by striking out “(1.1)

and (1.2)” and substituting “(1.1), (1.2) and (1.5)”.

(2) Section

195 of the Act is amended by adding the following subsections:

Shared

use of site

(1.5) Where

a board plans to acquire a school site for pupil accommodation and the site will

not be occupied or used exclusively by the board, or exclusively with another

board, municipality, child care centre or other prescribed entity, the board

shall do so in accordance with any regulations.

Regulations

(1.6) The

Minister may make regulations governing the acquisition of a school site

referred to in subsection (1.5), including regulations providing that an

acquisition is subject to the Minister’s approval, and prescribing entities for

the purposes of that subsection.

(3) Subsection

195 (4) of the Act is amended by striking out “Subject to

section 196 or

subsection 197 (1)” at the beginning and substituting “Subject to subsections

195 (1.5) and 197 (1)”.

The Act is amended by adding the following section:

Joint

use of schools

195.1

(1) The

Minister may direct two or more boards to enter into an arrangement with each

other for the joint construction, ownership, control, management, maintenance,

operation, location or use of a school site, part of a school site or other property

of a board.

Regulations

(2) The

Minister may make regulations governing the arrangements referred to in

subsection (1).

Section 196 of the Act is repealed and the following substituted:

Approval

of Minister re demolition

Despite

any provision of this or any other Act, a board shall not demolish a building

unless, in addition to any other approval that may be required, the board has

obtained the approval of the Minister.

The Act is amended by adding the following section:

Functional

specifications etc.

196.1

(1) The

Minister may require boards to use particular functional specifications,

designs or plans when constructing, renovating or making additions to school

buildings or premises.

Same

(2) For

the purpose of subsection (1), the Minister may issue policies and guidelines

and require boards to comply with them.

Legislation Act, 2006 ,

Part III

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to a policy or guideline of the Minister under this section.

Sections 218.2 and 218.3 of the Act are repealed

and the following substituted:

Code

of conduct

218.2

(1) A board

shall adopt a code of conduct that applies to the members of the board.

Regulations

(2) The

Minister may make regulations governing codes of conduct that apply to board

members, including,

(

a) prescribing

codes of conduct or parts of codes of conduct;

(

b) prescribing

matters to be addressed by codes of conduct.

Breach of code of conduct

218.3

(1) A member of a board who has reasonable

grounds to believe that a member of the board has breached the board’s code of

conduct may notify the following person, in writing, of the alleged breach:

1. The

director of education, if the notice relates to the conduct of the board chair

or vice-chair.

2. In all other situations, the

board chair.

Same

(2) If notification of an

alleged breach is given under subsection (1), the person to whom the

notification was made shall,

(

a) immediately provide a copy of the

written notice to the member whose conduct is the subject of the alleged breach

and to the entire board; and

(

b) if the matter is not resolved within

10 days after the member received the notice under clause (a), refer the matter

to an integrity commissioner appointed by the board.

Breach of code of conduct

218.3

(1) A member of a board who has reasonable

grounds to believe that a member of the board has breached the board’s code of

conduct may notify the following persons in writing of the alleged breach:

1. The director of education, if the notice relates to the conduct of the board chair or

vice-chair.

2. In all other situations, the board chair.

Same

(1.1) If a person other than those described in

paragraph 1 or 2 of subsection (1) is prescribed by regulation, the

notification shall be gi ven

to the prescribed person instead of the persons described in those paragraphs.

Same

(2) If

notification of an alleged breach is given under subsection (1), the person to

whom the notification was made shall,

(

a) immediately provide a copy of the

written notice to the member whose conduct is the subject of the alleged breach

and to the entire board; and

(

b) if the matter is not resolved

within 10 days after the member received the notice under clause (a), or within

such other time period as may be prescribed by regulation, refer the matter to

an integrity commissioner appointed by the board.

Roster

(3) The

Minister may create a roster of integrity commissioners, 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 .

Appointment

of integrity commissioner

(4) If

the Minister has created a roster of integrity commissioners, an appointment

under subsection (2) shall be from the roster.

Same

(5) The

qualifications for members of the roster and the processes relating to the

creation of the roster are subject to any requirements prescribed by the

regulations.

Regulations

(6) The Lieutenant Governor

in Council may make regulations,

(

a) prescribing the qualifications of

integrity commissioners;

(

b) prescribing fees to be paid to

integrity commissioners or the manner of calculating such fees, and requiring

boards to pay them;

(

c) prescribing the process,

including the participants and their roles in the process, by which a person

may be added to the roster of integrity commissioners;

(

d) governing reviews of the roster,

which may include prescribing the timing and frequency of reviews and how long

a person may be on the roster.

Investigation

(7) Subject to subsection (8),

the integrity commissioner appointed by a board shall commence an investigation

into the alleged breach of the board’s code of conduct no later than 14 days

after being appointed under subsection (2) and shall provide the member with

the opportunity to respond to the allegations, as well as a right of reply,

where appropriate.

Investigation

(7) Subject to subsection (8), the integrity

commissioner appointed by a board shall commence an investigation into the

alleg ed

breach of the board’s code of conduct no later than 14 days after being

appointed under subsection (2), or within such other time period as may be

prescribed by regulation, and shall provide the member with the opportunity to

respond to the allegations, as well as a right of reply, where appropriate.

Late,

bad faith, frivolous or vexatious complaint

(8) An

integrity commissioner may refuse to commence an investigation into an alleged

breach if,

(

a) the

complaint was made more than 60 days after the day the alleged breach occurred

or was discovered, whichever is later, unless the integrity commissioner is

satisfied the delay was incurred in good faith and no substantial prejudice

will result to any person affected by the delay; or

(

b) in

the opinion of the integrity commissioner, the complaint is made in bad faith

or is frivolous or vexatious.

Same

(9) If

a breach relates to a series of incidents, the 60-day period in clause (8) (

a) runs from the day the last incident in the series occurred or was discovered.

Discovery

of breach

(10) A

breach is discovered on the earlier of,

(

a) the

day on which the member notifying the board first knew that the breach had

occurred; and

(

b) the

day on which a reasonable person with the abilities and in the circumstances of

the member notifying the board first ought to have known of the matters

referred to in clause (a).

Notice

(11) The

integrity commissioner shall provide written notice of a refusal to commence an

investigation to the member who is the subject of the complaint and to the

board.

Decision

final

(12) A

decision of an integrity commissioner under subsection (8) is final.

Powers

(13) In

the course of conducting the investigation, the integrity commissioner may,

(

a) require

the production of any records that may in any way relate to the investigation;

(

b) examine

and copy any records required under clause (a); and

(

c) require

any officer of the board or any other person to appear before him or her and

give evidence, on oath or affirmation, relating to the investigation.

Public

Inquiries Act, 2009

(14) Section

33 of the Public Inquiries Act, 2009 applies to an

investigation.

Time limit

(15) The integrity

commissioner shall make a determination with respect to a complaint of an

alleged breach no later than 90 days after commencing the investigation, unless

the integrity commissioner notifies the board and the member who is the subject

of the complaint that an extension is necessary and of the reasons for the

extension.

Time limit

(15) The integrity commissioner shall make a

determination with respect to a complaint of an alleged breach no later than 90

days after commencing the investigation, or within such other time period as may be prescribed by

regulation, unless the integrity commissioner notifies the board and the member

who is the subject of the complaint that an extension is necessary and of the

reasons for the extension.

Transition

(16) If

a member of a board brings an alleged breach of the board’s code of conduct to

the attention of the board before the day

section 24 of

Schedule 2 to the Better Schools and Student Outcomes Act, 2023 comes into

force and the board has not, as of that day, made a determination in respect of

the alleged breach,

section 218.3 of the Act, as it read immediately before

that day, applies in respect of the alleged breach.

Determination,

sanctions

218.3.1

(1) If the

integrity commissioner determines, following an investigation under subsection

218.3 (7), that the member has breached the board’s code of conduct, the

integrity commissioner may impose one or more of the following sanctions:

1. Censure

of the member.

2. Requiring

the board to reduce the member’s honorarium by an amount not exceeding the

prescribed amount, requiring the member to return any excess already paid to

the member and authorizing the board to recover the excess from the member.

3. Barring

the member from attending all or part of one or more meetings of the board or

one or more meetings of a committee of the board, for the period of time

specified by the integrity commissioner up to a maximum of 90 days or the balance

of the member’s term of office, whichever is less.

4. Barring

the member from sitting on one or more committees of the board, for the period

of time specified by the integrity commissioner, up to a maximum of 90 days or

the balance of the member’s term of office, whichever is less.

5. Barring

the member from becoming the chair or vice-chair of the board or of any

committee of the board, or removing the member from any of those positions.

6. Barring

the member from exercising the privileges of a board member or acting as a

board representative, or removing the member from a position the member holds

as a board representative.

7. Subject

to any other limits set out in paragraphs 1 to 6, any other sanction that, in

the opinion of the integrity commissioner, is reasonable and appropriate in the

circumstances.

8. Subject

to any other limits set out in paragraphs 1 to 6, any other sanction that, in

the opinion of the integrity commissioner, would promote compliance with the

board’s code of conduct.

Regulation

(2) The

Minister may, by regulation, prescribe an amount for the purposes of paragraph

2 of subsection (1).

Sanction

re meetings

(3) For

greater certainty, the imposition of a sanction under paragraph 3 of subsection

(1) barring a member from attending all or part of one meeting of the board

shall be deemed, for the purpose of clause 228 (1) (b), to be authorization for

the member to be absent from the meeting.

Same

(4) A

member of a board who is barred from attending all or part of a meeting of the

board or a meeting of a committee of the board under subsection (1) is not

entitled to receive any materials that relate to that meeting or that part of

the meeting and that are not available to members of the public.

Notice

(5) The

integrity commissioner shall provide the member whose conduct was the subject

of the complaint and the board written notice of a determination that the

member has or has not breached the board’s code of conduct and of any sanctions

imposed.

Same

(6) The

written notice required under subsection (5) must include,

(

a) the

reasons for the determination;

(

b) the

reasons for any sanctions; and

(

c) information

about the right to appeal under

section 218.3.2.

Appeal

218.3.2

(1) Either

the board or the member whose conduct was the subject of the integrity

commissioner’s determination under

section 218.3.1 may appeal the

determination, the sanctions imposed, or both, and the board and the member are

the parties to such an appeal.

Board

resolution to appeal

(2) The

member whose conduct was the subject of the integrity commissioner’s determination

shall not vote on a board resolution to determine whether the board will appeal

that determination under subsection (1).

Notice of appeal

(3) The board or the member

who appeals the integrity commissioner’s determination shall give written

notice of the appeal to the other party and the Deputy Minister no later than

14 days after receiving written notice of the integrity commissioner’s

determination.

Notice of appeal

(3) The board or the member who appeals the

integrity commissioner ’s

determination shall give written notice of the appeal to the other party and

the Deputy Minister no later than 14 days after receiving written notice of the

integrity commissioner’s determination, or within such other time period as may

be prescribed by

regulation.

Appeal

heard by panel

(4) The

appeal shall be heard by a panel of three integrity commissioners appointed by

the Deputy Minister or his or her delegate, but the panel shall not include the

integrity commissioner whose determination is the subject of the appeal.

Same

(5) If

a roster of commissioners was created under subsection 218.3 (3), the members

of the panel shall be appointed from the roster.

Hearing

(6) The

panel shall hold a hearing in accordance with the regulations.

Regulations

(7) The Lieutenant Governor

in Council may make regulations governing hearings required under subsection

(6) and prescribing the rules and procedures that shall apply to the hearings.

Determination

overturned

(8) If

the panel overturns the determination made by the integrity commissioner, any

sanction imposed by the integrity commissioner is revoked.

Determination

upheld

(9) If

the panel upholds the determination made by the integrity commissioner, the

panel shall, within the time required by the regulations, uphold, vary or

overturn the sanction.

Determination

varied or overturned

(10) If

a sanction is varied or overturned under subsection (8) or (9), the variation

or overturning shall be deemed to be effective as of the date the original

determination was made under

section 218.3.1.

Final

determination

(11) The

decision of a panel under this

section respecting the determination of the

integrity commissioner is final.

Records

and information

(12) A

board shall keep records and publish information on its website about each of

the following:

1. A

matter referred to an integrity commissioner under subsection 218.3 (2).

2. A

decision of the integrity commissioner under subsection 218.3 (8).

3. A

determination of an integrity commissioner under

section 218.3.1.

4. A

determination by a panel under subsection (8) or (9).

Same

(13) Where

the alleged breach of the board’s code of conduct or the determination

regarding the breach involves any of the matters described in clauses 207 (2)

(

a) to (e), the board shall publish only such information as is appropriate.

Same

(14) The

Statutory Powers Procedure Act does not apply to

anything done under

section 218.3 or 218.3.1 or this section.

Same

(15) The

powers under sections 218.3 and 218.3.1 and this

section shall be exercised in

a manner that is consistent with,

(

a) the

denominational aspects of a Roman Catholic board;

(

b) the

denominational aspects of a Protestant separate school board;

(

c) the

linguistic or cultural aspects of a French-language district school board; or

(

d) the

linguistic or cultural aspects of the Centre Jules-Léger Consortium.

Regulations re codes of conduct

218.3.3 The Lieutenant Governor in Council may make regulations

respecting codes of conduct and processes relatin g to alleged breaches of a code of conduct, including

regulations,

(

a) prescribing the person to whom notice must be given

under subsection 218.3 (1.1);

(

b) prescribing a time period for the purposes of clause

218.3 (2) (

b) for referring a matter to an integrity commissioner;

(

c) prescribing the qualifications of integrity

commissioners;

(

d) prescribing fees to be paid to integrity commissioners,

or the manner of calculating such fees, and requiring boards to pay them;

(

e) prescribing the process, inc luding the participants and their roles in the process, by

which a person may be added to the roster of integrity commissioners;

(

f) governing reviews of the roster of integrity

commissioners, which may include prescribing the timing and frequency of revi ews and how long a person may be on the roster;

(

g) prescribing rules and procedures that shall apply to the

conduct of an investigation of an alleged breach of a board’s code of conduct

and to the process of making a determination whether there was a bre ach;

(

h) prescribing a time period for the purposes of subsection

218.3.2 (3) for giving a written notice of appeal;

(

i) governing hearings required under subsection 218.3.2

(6) and prescribing rules and procedures that shall apply to the hearings.

Clause 230 (

a) of the Act is amended by striking out “paragraph 2 or 3” and

substituting “paragraph 2, 3 or 22.1”.

Subsection 233 (3) of the Act is repealed and the following substituted:

Regulations

re restrictions

(3) The

Minister may make regulations,

(

a) requiring

a board to restrict, in the manner and to the extent specified in the

regulations, the use of any revenue for the purposes specified in the

regulations;

(

b) prescribing

the minimum and maximum amount of a board’s revenue that a board must use for a

specified purpose in a school board fiscal year;

(

c) prescribing

conditions on a board’s use of revenue for specified purposes.

Subsection 257.30 (2) of the Act is repealed and the following substituted:

Appointment

of investigator

(2) The

Minister may appoint as an investigator,

(

a) an

individual licensed under the Public Accounting Act, 2004

or a corporation that holds a certificate of authorization under that Act; or

(

b) an

employee in the Ministry.

Clauses 287.2 (

a) and (

b) of the Act are amended by adding “directors of

education” before “supervisory officers” wherever it appears.

Subsection 287.4 (1) of the Act is amended by adding “directors of education”

before “supervisory officers” in the portion before clause (a).