Bill 101, Putting Student Achievement First Act, 2026

EXPLANATORY NOTE

SCHEDULE 1
CHILD CARE AND EARLY YEARS ACT, 2014

The Schedule makes the following amendments to the Child Care and Early Years Act, 2014:

   1.  The Minister is given additional power to support operators of child care and early years programs and services and service system managers.

   2.  The Minister is given power to assign an Ontario education number to a child who has not already been assigned one, if requested to do so by the child’s parent.

SCHEDULE 2
EDUCATION ACT

The Schedule amends the Education Act. Among the amendments are the following:

   1.  The Minister is given power to establish policies and guidelines,

           i.  for the assessment of student achievement,

          ii.  respecting board expense policies,

         iii.  related to the use of educational materials in instruction, and

         iv.  related to boards’ public communications.

   2.  Paragraph 31 of subsection 8 (1) and subsections 169.1 (2.1) and (2.2) of the Act are repealed, removing the Minister’s power to establish policies and guidelines respecting school climate surveys and the related requirement that boards use those surveys to collect information from pupils, staff, parents and guardians to monitor and evaluate the policies.

   3.  The existing regulation-making powers respecting school board controlled entities is amended to require the Minister’s approval regarding such entities in certain circumstances.

   4.  Currently, the number of members on district school boards is determined under the Act, subject to the regulations. The amendments provide that the number provided for in the regulations shall be between 5 and 12.

   5.  Amendments are also made respecting the regulation-making powers relating to honoraria for members of boards.

   6.  The Schedule amends section 195 of the Act to require a board to obtain the Minister’s approval before acquiring a school site or other land. A new process is established under which a board must submit a request for the Minister’s approval to acquire land or to apply for approval to expropriate land, and the Minister must respond within a prescribed time period, if any.

   7.  Amendments are made to subsections 195 (4), (5) and (6) of the Act to expand the types of work to which the provisions apply, including additions, alterations, improvements and repairs. New subsections 195 (7) to (9) permit the Minister to establish policies respecting the use of school sites and the addition to, or erection, alteration, improvement or repair of, buildings.

   8.  New section 195.0.1 authorizes the Minister to give directions to a board, or to select a person or body to take control of the management of an addition to, or erection, alteration, improvement or repair of, a building, if the Minister is of the opinion that the board has not complied or is unlikely to comply with policies or regulations. The powers and obligations of a selected person or body, the board’s duty to co‑operate and the Minister’s authority to issue directions are set out. The Minister may also require the board to pay fees and expenses incurred in relation to an order made under the section.

   9.  Currently, the Act provides that where a board is subject to a vesting order, the ability of the board to enter into certain agreements or approve of the issuing of certain instruments is subject to the approval of the Minister. The Schedule amends the Act to provide that only the Minister, exercising the powers of the board, may enter into such agreements or require the issuing of such instruments. Related amendments are made, including to regulation-making powers. The Act is also amended to require certain procedural steps to be taken when the Minister provisionally exercises the power to make a vesting order.

10.  Provisions are added respecting the situations where a board is required to obtain the Minister’s approval of its estimates.

11.  Divisions C and F of Part IX of the Act are repealed.

12.  The Minister is given power to assign an Ontario education number to a child who has not already been assigned one, if requested to do so by the child’s parent or guardian.

13.  Various amendments are made respecting the role of the director of education in English-language district school boards. The director of education in such a board is the chief executive officer of the board and shall be referred to by the board as the chief executive officer of the board for all purposes. The director of education is required to appoint a chief education officer. The director of education is a member of the board but is not entitled to exercise a binding vote.

14.  Currently, the Act sets out certain processes that apply when French-language rights holders groups seek to develop proposals under section 294 of the Act. The Schedule amends the processes to provide for the Minister to perform the roles currently assigned to the Languages of Instruction Commission of Ontario and to make other related and consequential amendments. The Schedule also repeals the provisions in the Act that provide for the continuation of the Commission.

15.  Provisions are added respecting the personal liability of various persons, establishing vicarious liability and extinguishing certain causes of action.

16.  Various related and consequential amendments are made.

SCHEDULE 3
HIGHER EDUCATION QUALITY COUNCIL OF ONTARIO ACT, 2005

The Schedule amends the Higher Education Quality Council of Ontario Act, 2005. The board of the Council’s composition and appointment requirements in section 2 of the Act are amended and new subsection 2 (3.1) provides for certain members to have been deemed appointed by the Minister. New section 7.1 of the Act provides for the winding up of the Council and new section 8.6 of the Act provides for the dissolution of the Council. New section 8.1.1 of the Act provides that the Minister is required to prepare the final annual report of the Council. New sections 8.3 to 8.5 of the Act set out the rules respecting liability and proceedings. The Schedule also provides for the repeal of the Act on a day to be named by order of the Lieutenant Governor in Council.

SCHEDULE 4
ONTARIO COLLEGE OF TEACHERS ACT, 1996

The Schedule amends section 40 of the Ontario College of Teachers Act, 1996 to separate the regulation-making authority respecting accreditation of professional teacher education programs from the authority respecting accreditation of ongoing education programs for teachers. The amendments provide that regulations made in respect of accreditation of professional teacher education programs may specify requirements such as timing, areas of study, delivery and practical experience and set out that such accreditation requirements apply despite any authority of post‑secondary educational institutions over their academic programs and prevail over decisions of their academic governing bodies.

SCHEDULE 5
SCHOOL BOARDS COLLECTIVE BARGAINING ACT, 2014

The Schedule amends the School Boards Collective Bargaining Act, 2014. Among the amendments are the following:

   1.  Currently, Section 21 of the Act designates the Ontario Catholic School Trustees’ Association (or “OCSTA”) as the employer bargaining agency for every English-language separate district school board with respect to all bargaining units. It also designates the Ontario Public School Boards’ Association (or “OPSBA”) as the employer bargaining agency for every English-language public district school board and every board established under section 68 of the Education Act with respect to all bargaining units. Section 21 of the Act is amended to instead designate the Council of Ontario Directors of Education (or “CODE”) as the employer bargaining agency for all of these boards and with respect to all bargaining units.

   2.  A new section 52 provides for a committee within the CODE whose object is to oversee and direct CODE’s activities as an employer bargaining agency. The process by which CODE exercises any of its rights or privileges under the Act or performs any of its duties under the Act may be specified by a regulation made by the Minister or, in the absence of such regulation, by a by-law of the committee. This process need not require voting and, even where voting is required, need not comply with subsection 21 (4) of the Act. A new section 53 provides for transitional matters related to the transfer of the role of employer bargaining agency from the OCSTA to the CODE and from the OPSBA to the CODE. In particular, the Minister is authorized to make orders to facilitate the effective assumption by the CODE of the role of employer bargaining agency. A new section 54 provides the Minister with various regulation-making authority, including the authority to make regulations governing the committee within the CODE. New sections 55 to 57 limit personal liability in relation to the exercise of powers, duties or functions under sections 52 and 53 or a regulation made under section 54.

   3.  A new section 22.1 authorizes the Minister to, by regulation, take certain measures to enable a different person or body of persons to exercise the CODE’s rights and privileges and perform its duties under the Act as an employer bargaining agency or as the member of a council designated by or under section 21 of the Act if the Minister is of the opinion that the CODE is unable or unwilling to exercise those rights and privileges or perform those duties.

   4.  A new section 25.1 of the Act provides that the OCSTA is entitled to observe central bargaining at a central table if the relevant employer bargaining agency represents one or more bargaining units at an English-language separate district school board. This new section provides for a process by which particular matters or proposals that are the subject of central bargaining may be made the subject of local bargaining if the OCSTA gives notice that the matter or proposal may prejudicially affect denominational rights and privileges. Authority is vested in the Minister to, by regulation, require English-language separate district school boards to pay fees to the OCSTA relating to the OCSTA’s activities under the Act.

   5.  A terminological change is made in English to replace the term “trustees’ association” with the term “employers’ association”.

Bill 101 2026

An Act to amend various Acts in respect of education and child care

CONTENTS

 

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

2 (1)  Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

(2)  The Schedules to this Act come into force as provided in each Schedule.

(3)  If a Schedule to this Act provides that any of its provisions are to come into force on a day to be named by order of the Lieutenant Governor in Council, an order may apply to one or more of those provisions, and orders may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Putting Student Achievement First Act, 2026.

SCHEDULE 1
CHILD CARE AND EARLY YEARS ACT, 2014

1 Subsection 54 (1) of the Child Care and Early Years Act, 2014 is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

  (d)  provide services to support operators of child care and early years programs and services and service system managers in carrying out their functions and duties under this Act.

2 (1)  Subsection 72 (1) of the Act is repealed and the following substituted:

Assignment of numbers

(1)  The Minister may assign an Ontario education number to a child who has not already been assigned one under this or any other Act if,

  (a)  the child’s parent has requested the assignment of an Ontario education number for the child; or

  (b)  the child is registered or seeks to be registered in,

          (i)  a program or service that includes the provision of licensed child care, or

         (ii)  an early years program or service prescribed by the regulations.

(2)  Subsection 72 (3) of the Act is repealed and the following substituted:

Same

(3)  Subsection (2) applies to,

  (a)  the Minister; and

  (b)  in the case of a child described in clause (1) (b), persons who provide or operate programs and services described in subclauses (1) (b) (i) and (ii).

Commencement

3 This Schedule comes into force on the day the Putting Student Achievement First Act, 2026 receives Royal Assent.

SCHEDULE 2
EDUCATION ACT

1 Section 1 of the Education Act is amended by adding the following subsection:

Digital materials

(1.2)  For greater certainty, a reference in this Act or the regulations to educational materials, such as textbooks and other learning materials, includes digital textbooks and learning materials.

2 (1)  Paragraph 3.3 of subsection 8 (1) of the Act is repealed and the following substituted:

policies, guidelines: assessment of student achievement

3.3  establish policies and guidelines for the assessment of student achievement with respect to pupils attending schools under the jurisdiction of a board and require boards to comply with the policies and guidelines;

(2)  Paragraph 3.7 of subsection 8 (1) of the Act is repealed and the following substituted:

policies and guidelines: school board expense policies

3.7  establish and require boards to comply with policies and guidelines governing board expense policies, including policies and guidelines that,

           i.  specify key principles and other content that must be included in board expense policies, and

          ii.  set out requirements relating to discretionary spending, travel, meal and hospitality expenses and membership fees, including defining those terms, specifying the expenses that may be reimbursed and prohibiting the reimbursement of expenses for specified persons or purposes;

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

policies and guidelines: educational materials

7.1  establish and require boards to comply with policies and guidelines,

           i.  respecting the use of educational materials approved under paragraph 6, such as textbooks and other learning materials, in instruction, and

          ii.  respecting the establishment, content and adoption of rules and procedures, by boards, to govern the selection and use of educational materials for instructional purposes;

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

board communication, general

27.4 establish, and require boards to comply with, policies and guidelines governing boards’ public communications, including policies and guidelines governing public communications made by board officers and employees and by board members acting as representatives of the board;

(5)  Paragraph 31 of subsection 8 (1) of the Act is repealed.

3 (1)  Section 11 of the Act is amended by striking out “Subject to the approval of the Lieutenant Governor in Council, the Minister may” wherever it appears and substituting in each case “The Lieutenant Governor in Council may”.

(2)  Subsection 11 (6) of the Act is amended by adding the following clause:

(a.1) requiring boards to obtain the Minister’s approval or confirmation before establishing or continuing to operate or maintain a school board controlled entity or making any change to its purposes or objects, including requiring the dissolution of an entity if the Minister does not give approval or confirmation;

4 Subsection 13 (7) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Regulations

(7)  The Lieutenant Governor in Council may, in addition to the powers under section 11, make regulations with respect to schools continued or established under this section,

.     .     .     .     .

5 Part I of the Act is amended by adding the following sections:

Crown liability

No personal liability

17.2  (1)  No cause of action arises against any current or former member of the Executive Council, deputy minister or employee, officer or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions.

Crown remains vicariously liable

(2)  Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1).

No liability for acts or omissions of others

(3)  No cause of action arises against the Crown or any person specified in subsection (1) for an act or omission of a person other than the Crown or a person specified in that subsection, if the act or omission is related, directly or indirectly, to the exercise or performance, or intended exercise or performance, of a power, duty or function under this Act.

Proceedings by Crown not prevented

(4)  This section does not apply with respect to proceedings brought by the Crown.

Proceedings barred

17.3  (1)  No proceeding shall be commenced,

  (a)  against any person specified in subsection 17.2 (1) in respect of a matter referred to in that subsection; or

  (b)  against the Crown or any person specified in subsection 17.2 (1) in respect of a matter referred to in subsection 17.2 (3).

Same

(2)  Subsection (1) does not apply with respect to an application for judicial review, a claim for a constitutional remedy, or any proceeding that is specifically provided for under this Act, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario or any form of compensation or damages, including loss of revenue or profit.

Proceedings by Crown not prevented

(3)  This section does not apply with respect to proceedings brought by the Crown.

6 (1)  Subclause 58.1 (2) (k) (i) of the Act is repealed and the following substituted:

          (i)  the number of members of each district school board or the determination of the number,

(2)  Subclause 58.1 (2) (k) (viii) of the Act is repealed.

(3)  Subsections 58.1 (10) to (11) of the Act are repealed and the following substituted:

Number of members on a district school board

(10)  A regulation under subclause (2) (k) (i) shall not provide for a number of members of a district school board that is less than 5 or more than 12.

Same

(11)  The numbers referred to in subsection (10) do not include any person elected or appointed to a district school board under section 188, a student trustee or the director of education of an English-language district school board.

7 Subsections 169.1 (2.1) and (2.2) of the Act are repealed.

8 Section 191 of the Act is repealed and the following substituted:

Honorarium for members of boards

191 The Minister may make regulations respecting honoraria for members of boards, including regulations,

  (a)  authorizing or requiring boards to provide honoraria to members;

  (b)  specifying the amount of an honorarium to be provided to members or a method for calculating the amount;

  (c)  setting limits on honoraria and providing a method for calculating those limits;

  (d)  specifying conditions that must be satisfied for the payment of honoraria by the board;

  (e)  governing board policies regarding the payment of honoraria and processes respecting the adoption of such policies.

9 (1)  Subsection 195 (1) of the Act is amended by striking out “may select and may acquire” and substituting “may select and may, with the approval of the Minister, acquire”.

(2)  Subsections 195 (1.1) to (1.4) of the Act are repealed and the following substituted:

Request for approval to acquire, etc.

(1.1)  Before a board acquires or applies for an approval to expropriate a school site or any other land under subsection (1), the board shall submit a request, in the manner and form specified by the Minister, for the Minister’s approval to acquire or apply to expropriate the school site or land.

Minister’s response

(1.2)  The Minister shall approve or refuse a request made under subsection (1.1) within the prescribed time period, if any.

Regulations

(1.3)  The Minister may make regulations prescribing the time period referred to in subsection (1.2).

(3)  Subsection 195 (4) of the Act is amended by striking out “add to or alter” and substituting “add to, alter, improve or repair”.

(4)  Subsection 195 (5) of the Act is amended by,

  (a)  striking out “erect” and substituting “add to, erect, alter or improve”; and

  (b)  striking out “school building” wherever it appears and substituting in each case “building”.

(5)  Subsection 195 (6) of the Act is repealed and the following substituted:

Additions, alterations, etc.

(6)  A board may, with the approval of the Minister, make an addition, alteration or improvement to a building that is acquired by the board under a lease.

Policies

(7)  The Minister may establish and require boards to comply with policies respecting,

  (a)  the use of a school site or other land acquired under subsection (1); and

  (b)  the addition to, or erection, alteration, improvement or repair of, buildings under subsection (4), (5) or (6).

Same

(8)  For greater certainty, a policy established under subsection (7) or a regulation made under section 195.0.5 may require a board to give notice to the Minister or obtain the Minister’s approval in respect of an addition to, or erection, alteration, improvement or repair of, a building or any step in such work.

Subject to policies, regulation

(9)  The use of a school site or other land acquired under subsection (1) and the addition to, or erection, alteration, improvement or repair of, a building under subsection (4), (5) or (6) shall be done in accordance with any policies established under subsection (7) and any regulations made under section 195.0.5.

10 The Act is amended by adding the following sections:

Direction and order re non-compliance

195.0.1  (1)  If, in the opinion of the Minister, a board has not complied or is unlikely to comply with a policy established under subsection 195 (7) or a regulation made under section 195.0.5, the Minister may,

  (a)  give any direction to the board to do anything or refrain from doing anything that the Minister considers advisable to address the non-compliance or likely non-compliance, including directions to,

          (i)  prepare, submit and implement a plan for addressing the non-compliance, and

         (ii)  sell or otherwise dispose of the building, the school site or other land, or any part of the building, school site or other land in accordance with this Act and the regulations; or

  (b)  make an order selecting a person or body to take control of the management of the addition, erection, alteration, improvement or repair.

Order given to secretary

(2)  The Minister shall promptly give a copy of an order made under clause (1) (b) to the secretary of the board.

Powers and obligations of person or body

(3)  If a person or body is selected under clause (1) (b),

  (a)  the person or body may exercise the powers of the board respecting the management of the addition to, or erection, alteration, improvement or repair of, the building, and anything done by the person in exercising such powers is deemed to be done by and for the board and in its name; and

  (b)  the person or body shall comply with any policies established under subsection 195 (7) and any regulations made under section 195.0.5 that apply to the board unless the Minister provides otherwise.

Same

(4)  The powers referred to in clause (3) (a) that a selected person or body may exercise include,

  (a)  managing the allocation of revenues and expenditures;

  (b)  communicating with the school community;

  (c)  managing contracts, including entering into and terminating contracts and selecting vendors;

  (d)  altering or cancelling any or all aspects of the addition to, or erection, alteration, improvement or repair of, the building, subject to the prior written consent of the Minister; and

  (e)  any other power that may be prescribed.

Co-operation of the board

(5)  If a person or body is selected under clause (1) (b), the board shall co-operate with the selected person or body in the exercise of the person or body’s powers described in clause (3) (a).

Direction of Minister

(6)  The Minister may give any direction that the Minister considers advisable to a board or to a person or body selected under clause (1) (b) in respect of the addition to, or erection, alteration, improvement or repair of, the building, including any of the following directions:

   1.  A direction requiring the board to co-operate with the selected person or body.

   2.  A direction requiring the board to take one or more steps in order to facilitate the management of the addition, erection, alteration, improvement or repair by the selected person or body.

   3.  A direction establishing roles, responsibilities and timelines in respect of managing the addition, erection, alteration, improvement or repair.

   4.  A direction setting out steps to be taken in respect of the addition, erection, alteration, improvement or repair.

   5.  A direction requiring reporting to the Minister.

   6.  A direction requiring the board to make funds available to the selected person or body for the purpose of managing the addition, erection, alteration, improvement or repair.

Direct payment of fees and expenses

(7)  The Minister may direct the board to pay any fees and expenses reasonably incurred in relation to an order made under clause (1) (b) and may specify in the direction that the payment shall be chargeable to such of the board’s accounts as the Minister may direct.

Compliance with directions

(8)  A board and a person or body selected under clause (1) (b) shall comply with any direction issued to the board, person or body by the Minister under this section within the time specified in the direction.

Exception, Crown

(9)  If the selected person or body is the Crown, the Minister may determine that subsection (8) does not apply.

Directions available to public

(10)  The Minister shall ensure that any direction given under this section is made available to the public.

Board vicariously liable

195.0.2  (1)  If a board is subject to an order under clause 195.0.1 (1) (b), a person who is a current or former Minister, Deputy Minister, employee, officer or agent of the Crown is deemed to be an officer of the board and not an employee, officer or agent of the Crown, for the purposes of any cause of action against the person and any claim for vicarious liability in relation to the person’s acts or omissions under section 195.0.1 in managing or administering the addition to, or erection, alteration, improvement or repair of, the board’s buildings.

No personal liability

(2)  No cause of action arises against any individual referred to in subsection (1) for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under section 195.0.1 or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions.

Board vicariously liable

(3)  Subsection (2) does not relieve the board of liability to which it would otherwise be subject as a result of the acts or omissions of an individual referred to in subsection (1).

Proceedings barred

(4)  No proceeding shall be commenced against any individual referred to in subsection (1) in respect of a matter referred to in that subsection.

Proceedings by Crown not prevented

(5)  This section does not apply with respect to proceedings brought by the Crown.

Extinguishment of causes of action

195.0.3  (1)  No cause of action arises against the Crown or any current or former member of the Executive Council or employee, officer or agent of or advisor to the Crown as a direct or indirect result of,

  (a)  the giving, amendment or revocation of any direction under clause 195.0.1 (1) (a) or subsections 195.0.1 (6) or (7);

  (b)  the making, amendment or revocation of any order under clause 195.0.1 (1) (b); or

  (c)  anything done or not done in accordance with a direction or order referred to in clause (a) or (b).

No remedy

(2)  No costs, compensation or damages, including for loss of revenue or profit or any other alleged loss, whether direct or indirect, are owing or payable to any person by a person referred to in subsection (1), and no remedy, including a remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a breach of trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person against any person referred to in subsection (1) in connection with anything referred to in that subsection.

Proceedings barred

(3)  No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person referred to in that subsection.

Application

(4)  Subsections (2) and (3) do not apply with respect to an application for judicial review or a claim for a constitutional remedy, but do apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief or the enforcement of a judgment, order or award made outside Ontario.

No costs awarded

(5)  No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (3).

No expropriation or injurious affection

(6)  Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Proceedings by Crown not prevented

(7)  This section does not apply with respect to proceedings brought by the Crown.

No establishment of private law right, duty

195.0.4  Nothing in section 195.0.1 or any direction or order made under that section establishes a private law right or duty, including a private law duty of care or fiduciary duty, owing to any person.

Regulations re dealings with property

195.0.5  The Minister may make regulations governing,

  (a)  the use of a school site or other land acquired under subsection 195 (1);

  (b)  the addition to, or erection, alteration, improvement or repair of, buildings under section 195 or 195.0.1, including,

          (i)  prescribing conditions and requirements for the addition, erection, alteration, improvement or repair,

         (ii)  prescribing the circumstances in which a board shall give notice to the Minister or obtain the Minister’s approval in respect of an addition to, or erection, alteration, improvement or repair of, a building or any step in such work,

        (iii)  prescribing powers of a selected person or body for the purposes of clause 195.0.1 (4) (e).

11 Subsection 230.1 (2) of the Act is amended by striking out “appoint” and substituting “select”.

12 (1)  Subsection 230.3 (3) of the Act is repealed and the following substituted:

Notice of order

(3)  If the Minister makes an order under subsection (1),

  (a)  the order shall be promptly given to the secretary of the board;

  (b)  the Minister shall publish notice of the order in The Ontario Gazette; and

  (c)  the persons directed by the Minister to do so shall give notice of the order to the persons specified by the Minister, in the form specified by the Minister.

(2)  Subsections 230.3 (5) and (6) of the Act are repealed and the following substituted:

Notice

(5)  At the time the Minister provisionally exercises the power to make an order under subsection (1), the Minister shall give written notice of the order to the board setting out the Minister’s reasons for the order.

No immediate threat

(6)  If the Minister provisionally exercised the power to make an order under subsection (1) and is of the opinion that there is no longer an immediate threat to a matter of public interest, the Minister shall,

  (a)  revoke the order; or

  (b)  if the Minister has concerns about any matter of public interest, the Minister shall notify the board of the Minister’s reasons for the concerns and specify a period for the board to respond to the reasons set out in the notice, which shall be no less than 14 days.

Determination to continue order

(7)  If the Minister provides notice to a board under clause (6) (b), the Minister shall determine whether to continue the order after considering any response of the board.

Notice to secretary

(8)  The Minister shall promptly notify the secretary of the board of the Minister’s decision under subsection (7).

No further action

(9)  If the Minister decides to continue the order, no further action is required to continue the order after the notice is provided to the secretary of the board under subsection (8).

Revocation of order

(10)  If the Minister decides not to continue the order, the Minister shall revoke it.

Regulations

(11)  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing circumstances for the purposes of paragraph 3 of subsection (1);

  (b)  governing proceedings against boards that are subject to an order under subsection (1), including,

          (i)  providing that no proceeding against the board shall be commenced or continued in any court without leave of the Minister and that no order of any court shall be enforced against the board without leave of the Minister, and governing such leave;

         (ii)  providing for and governing the suspension of the limitation period for the commencement or continuation of a court proceeding against the board or for the enforcement of a court order against the board.

13 Section 230.4 of the Act is repealed.

14 Sections 230.5.3, 230.5.4 and 230.5.5 of the Act are repealed and the following substituted:

Variation or cancellation of subsisting agreements

230.5.3  Where a board is subject to an order under subsection 230.3 (1), the Minister may exercise the powers of the board to enter into an agreement with any person with whom the board has previously entered into an agreement or obligation that, or some term or obligation of which, remains in whole or in part or in any manner to be carried out by the board, for the amendment or cancellation of the subsisting agreement or obligation.

Minister to direct instrument issues

230.5.4  (1)  Where a board is subject to an order under subsection 230.3 (1), the Minister may exercise the powers of the board under this or any other Act to require money to be provided by the issue of instruments prescribed under clause 247 (3) (f) of the board.

Issue of instruments

(2)  Where a board is subject to an order under subsection 230.3 (1), the Minister may provide for the issue of instruments prescribed under clause 247 (3) (f) or may authorize the sale of such instruments or the offering of such instruments as security.

Minister to have control over money and its application

230.5.5  Where a board is subject to an order under subsection 230.3 (1), the Minister has full charge and control over all money belonging to the board and received by any person for or on its behalf and the money shall be deposited in one of the following institutions, to be designated by the Minister:

   1.  A bank listed in Schedule I or II to the Bank Act (Canada).

   2.  A loan or trust corporation registered under the Loan and Trust Corporations Act.

   3.  A credit union as defined in the Credit Unions and Caisses Populaires Act, 2020.

15 (1)  Subsections 230.15 (2) and (3) of the Act are repealed and the following substituted:

Appointment of Minister

(2)  Where a board is subject to an order under subsection 230.3 (1), the Minister may appoint a person, who may be an officer or employee of the board, to exercise the powers and perform the duties of the board that the Minister may provide, and the person so appointed shall be paid the salary and allowed the expenses that the Minister may determine.

(2)  Section 230.15 of the Act is amended by adding the following subsection:

Indemnification

(5)  Where a board has become subject to an order made under subsection 230.3 (1), the board shall indemnify any person appointed under subsection (2) against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by the individual in respect of any civil, criminal, administrative, investigative or other proceeding in which the person is involved as a direct or indirect result of that order.

16 The Act is amended by adding the following sections:

Board vicariously liable

230.15.1  (1)  If a board is subject to an order under subsection 230.3 (1), any current or former Minister, deputy minister or employee, officer or agent of the Crown and any person appointed under subsection 230.15 (2), is deemed to be an officer of the board and not an employee, officer or agent of the Crown, for the purposes of any cause of action against the person and any claim for vicarious liability in relation to the person’s acts or omissions under this Part in managing or administering the affairs of the board.

No personal liability

(2)  No cause of action arises against any individual referred to in subsection (1) for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Part or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions.

Board vicariously liable

(3)  Subsection (2) does not relieve the board of liability to which it would otherwise be subject as a result of the acts or omissions of an individual specified in subsection (1).

Proceedings barred

(4)  No proceeding shall be commenced against any person specified in subsection (2) in respect of a matter referred to in that subsection.

Proceedings by Crown not prevented

(5)  This section does not apply with respect to proceedings brought by the Crown.

Extinguishment of causes of action

230.15.2  (1)  No cause of action arises against the Crown or any current or former member of the Executive Council or employee, officer or agent of or advisor to the Crown or any person appointed under subsection 230.15 (2) as a direct or indirect result of,

  (a)  the giving, amendment or revocation of any direction under subsection 230.2 (1);

  (b)  the making, amendment or revocation of an order under subsection 230.3 (1) or an order or rule under section 230.8;

  (c)  the making, amendment or revocation of any appointment under subsection 230.15 (2);

  (d)  anything done or not done in accordance with a direction, order, rule or appointment referred to in clauses (a) to (c).

No remedy

(2)  No costs, compensation or damages, including for loss of revenue or profit or any other alleged loss, whether direct or indirect, are owing or payable to any person by a person referred to in subsection (1), and no remedy, including a remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a breach of trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person against any person referred to in subsection (1) in connection with anything referred to in that subsection.

Proceedings barred

(3)  No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person referred to in that subsection.

Application

(4)  Subsections (2) and (3) do not apply with respect to an application for judicial review or a claim for a constitutional remedy, but do apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief or the enforcement of a judgment, order or award made outside Ontario.

No costs awarded

(5)  No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (3).

No expropriation or injurious affection

(6)  Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Proceedings by Crown not prevented

(7)  This section does not apply with respect to proceedings brought by the Crown.

No establishment of private law right, duty

230.15.3  Nothing in this Part or any regulation, direction, order, rule or appointment made under this Part establishes a private law right or duty, including a private law duty of care or fiduciary duty, owing to any person.

17 The Act is amended by adding the following section:

Regulations

230.19.0.1  (1)  The Lieutenant Governor in Council may make regulations respecting the application of this Act in respect of a board that is subject to a vesting order under subsection 230.3 (1), including regulations,

  (a)  varying the application or operation of any provision of this Act in respect of the board;

  (b)  providing that one or more provisions of this Act do not apply in respect of the board.

Conflict

(2)  If there is a conflict between a regulation made under subsection (1) and a provision of this Act or of any other Act or regulation, the regulation made under subsection (1) prevails.

Retroactive regulations

(3)  A regulation made under subsection (1) is, if it so provides, effective with reference to a period before it is filed.

18 (1)  Subsection 232 (1) of the Act is amended by adding “Subject to the regulations” at the beginning.

(2)  Section 232 of the Act is amended by adding the following subsections:

Same

(5.1)  A board is required to obtain the Minister’s approval of its estimates in the prescribed circumstances.

Same

(5.2)  The Minister’s approval of a board’s estimates may be subject to any conditions that, in the Minister’s opinion, are necessary or desirable.

(3)  Subsection 232 (6) of the Act is amended by striking out “and” at the end of clause (b) and by adding the following clause:

(b.1) require boards to submit any information specified by the Minister respecting the board’s preparation and adoption of the estimates; and

(4)  Section 232 of the Act is amended by adding the following subsection:

Regulations

(8)  The Minister may make regulations governing the preparation and adoption of the estimates of boards’ revenues and expenses, including,

  (a)  governing the process for preparing and adopting the estimates, including the responsibilities of the chief executive officer and the timelines to be followed;

  (b)  prescribing requirements that must be satisfied before the estimates may be adopted;

  (c)  prescribing the circumstances in which the Minister’s approval of the estimates is required;

  (d)  prescribing the circumstances in which the Minister is deemed to approve of the estimates.

19 Subsection 233 (3) of the Act is amended by adding the following clause:

  (d)  prohibiting a board from using revenue for the purposes specified in the regulations.

20 Section 233.1 of the Act is amended by striking out “The Minister, subject to the approval of the Lieutenant Governor in Council, may” at the beginning and substituting “The Lieutenant Governor in Council may”.

21 Divisions C and F of Part IX of the Act are repealed.

22 (1)  Subsection 266.2 (1) of the Act is repealed and the following substituted:

Assignment of numbers

(1)  The Minister may assign an Ontario education number to a person who has not already been assigned one under this or any other Act if,

  (a)  the person or their parent or guardian has requested the assignment of an Ontario education number for the person; or

  (b)  the person is enrolled in or seeks admission to be enrolled in a prescribed educational or training institution.

(2)  Paragraph 2 of subsection 266.2 (3) of the Act is repealed and the following substituted:

   2.  In the case of a person described in clause (1) (b), prescribed educational and training institutions.

(3)  Paragraph 4 of subsection 266.2 (3) of the Act is repealed and the following substituted:

   4.  In the case of a person described in clause (1) (b), prescribed entities that co-ordinate a person’s enrolment in or admission to a prescribed educational or training institution.

23 Section 280 of the Act is amended by adding the following subsection:

Dismissal of director of education

(2)  An English-language district school board shall not dismiss the director of education unless the board has obtained the prior written approval of the Minister.

24 The Act is amended by adding the following section:

Same, English-language district school board

283.0.1  (1)  Despite subsection 283 (1.1), in an English-language district school board, the director of education is the chief executive officer of the board but is not the chief education officer of the board.

Same

(2)  The board shall refer to the director of education as the chief executive officer of the board for all purposes, including public communications.

Chief education officer

(3)  The director of education of an English-language district school board shall appoint an employee of the board as the chief education officer of the board.

Same

(4)  The director of education may be appointed under subsection (3) as the chief education officer of a board.

Qualifications

(5)  A person shall not be appointed as the chief education officer under subsection (3) unless the person is a member of the Ontario College of Teachers or has equivalent qualifications as may be prescribed by regulation, and meets any other qualifications as may be prescribed by regulation.

Regulations

(6)  The Minister may make regulations prescribing the powers, duties, responsibilities and qualifications of chief education officers in English-language district school boards.

25 The Act is amended by adding the following sections:

Director of education, voting, English-language district school board

283.0.2  (1)  The director of education of an English-language district school board shall be a member of the board by virtue of office but is not entitled to exercise a binding vote on any matter before the board or one of its committees.

Same

(2)  Despite subsection (1), the director of education of an English-language district school board shall not be considered to be a member of the board for the purposes of clauses 169.1 (1) (g) and (h) and sections 218.1 and 218.2 or any other provision that may be prescribed by regulation.

Regulations

(3)  The Lieutenant Governor in Council may make regulations prescribing provisions under this or any other Act for which the director of education of an English-language district school board is deemed not to be a member of the board.

Confirmation of board resolution or motion, English-language district school board

283.0.3  (1)  The Minister may make regulations prescribing,

  (a)  the circumstances in which a resolution or motion passed by an English-language district school board is required to be confirmed by the chair of the board, director of education or any other prescribed board official, and the circumstances in which such confirmation shall not be given;

  (b)  the rules and procedures for the confirmation of a resolution or motion;

  (c)  the form and manner of the confirmation of a resolution or motion and the records to be kept of the resolution or motion in the minute books of the board.

Same

(2)  If a regulation is made under subsection (1) requiring the confirmation of a resolution or motion passed by an English-language district school board, the board resolution or motion is not effective unless the confirmation has been made in accordance with the regulation.

26 (1)  The definition of “Commission” in subsection 294 (1) of the Act is repealed.

(2)  Subsection 294 (8) of the Act is amended by adding “and to the Minister” after “to the group”.

(3)  Subsection 294 (9) of the Act is repealed and the following substituted:

Referral by group to the Minister

(9)  On receipt of a refusal and the reasons for it under subsection (8), the French-language rights holder group may refer the matter to the Minister by sending the Minister,

  (a)  a written request for consideration of the matter; and

  (b)  the written proposal of the group.

(4)  Subsection 294 (10) of the Act is amended by striking out “the Commission” and substituting “the Minister”.

27 The heading before section 295 and section 295 of the Act are repealed and the following substituted:

Languages of Instruction – Dispute Resolution

Duties of the Minister

295 (1)  The Minister shall consider matters referred by a French-language rights holders group under section 294.

Person to speak for group

(2)  The group shall name one of its members to act as its spokesperson.

Minister response to referral under s. 294

(3)  When a matter is referred to the Minister by a French-language rights holders group, the Minister shall,

  (a)  promptly select one or more mediators if the Minister considers that the furtherance of the matter may be conducive to meeting the educational and cultural needs of the French-speaking community; or

  (b)  take no further action if the Minister considers that the furtherance of the matter is not conducive to meeting the educational and cultural needs of the French-speaking community.

Notice where no further action by Minister

(4)  Where the Minister takes no further action on a referral from a French-language rights holder group, the Minister shall promptly send notice in writing of the decision, with written reasons, to the school authority and the person named under subsection (2).

Notice where mediator selected

(5)  Where the Minister makes a selection under clause (3) (a), the Minister shall give to each party the name and address of each mediator and of each party.

Parties

(6)  The following are the parties to the mediation:

   1.  The school authority.

   2.  Where the referral was from a French-language rights holder group, the person named under subsection (3).

   3.  Any other person specified by the Minister.

28 Section 296 of the Act is repealed and the following substituted:

Mediators

Duties

296 (1)  The mediator or mediators shall, after inquiring into the matter referred for mediation and conferring with the parties, endeavour to bring about an agreement and shall, within 21 days of being selected, report to the Minister the agreement that has been reached, or the failure to bring about an agreement.

Extension of period of mediation

(2)  The period referred to in subsection (1) may be extended by the Minister or by agreement of the parties to the mediation.

29 (1)  Subsection 297 (1) of the Act is repealed and the following substituted:

Duties of Minister and of school authority

(1)  Where the report of the mediator or mediators to the Minister indicates failure to bring about an agreement, the Minister shall consider and inquire into all pertinent aspects of the matter referred to mediation and shall, within 21 days of the Minister’s receipt of the report, recommend in writing a course of action that the Minister considers appropriate to settle the matter and send copies of the recommendation to each party to the mediation.

(2)  Subsection 297 (2) of the Act is amended by striking out “the Commission” and substituting “the Minister”.

30 Subsection 298 (1) of the Act is amended by striking out “the Commission” and substituting “the Minister”.

31 (1)  Subsection 299 (1) of the Act is repealed.

(2)  Subsections 299 (2) and (3) of the Act are repealed and the following substituted:

Order by Minister

(2)  Where a school authority does not resolve to implement the recommendation of the Minister within the period of time mentioned in section 297 or 298, as the case requires, the Minister shall consider the report of the mediator and shall make such order to the school authority or take such other action to deal with the matter as the Minister considers appropriate in the circumstances.

Report not binding on Minister

(3)  The report of the mediator is not binding on the Minister, and the Minister is not required to give to any person an opportunity to make submissions or to be heard before making an order under subsection (2).

(3)  Subsection 299 (6) of the Act is repealed and the following substituted:

Service of order

(6)  An order by the Minister under subsection (2) to a school authority is effective according to its terms when a copy is served on the secretary of the school authority.

Ottawa-Carleton French-Language School Board Transferred Employees Act

32 The definition of “Commission” in subsection 1 (1) of the Ottawa-Carleton French-Language School Board Transferred Employees Act is repealed.

Commencement

33 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Putting Student Achievement First Act, 2026 receives Royal Assent.

(2)  Subsection 2 (5) and section 7 come into force on the later of August 31, 2026 and the day the Putting Student Achievement First Act, 2026 receives Royal Assent.

(3)  Section 8, subsections 9 (1) and (2) and sections 24 and 26 to 32 come into force on a day to be named by order of the Lieutenant Governor in Council.

SCHEDULE 3
HIGHER EDUCATION QUALITY COUNCIL OF ONTARIO ACT, 2005

1 (1)  Subsection 2 (3) of the Higher Education Quality Council of Ontario Act, 2005 is repealed and the following substituted:

Appointment of members

(3)  The Council’s board of directors shall consist of not fewer than one and not more than seven members all of whom shall be appointed by the Minister.

Deemed appointment

(3.1)  A person who was a member of the board immediately before the day subsection 1 (1) of Schedule 3 to the Putting Student Achievement First Act, 2026 came into force is deemed to have been appointed by the Minister.

(2)  Subsections 2 (5) and (6) of the Act are repealed and the following substituted:

Ministry representative

(5)  The board of directors may include one or more employees of the Government of Ontario.

2 Section 3 of the Act is repealed.

3 The Act is amended by adding the following section:

Winding up

7.1  (1)  The Council’s board shall prepare and adopt a plan, in accordance with any directives issued under this section, for winding up the Council and transferring its assets, liabilities, rights and obligations to the Crown in right of Ontario or to an agency of the Crown.

Minister’s directives

(2)  The minister may issue written directives to the Council’s board setting out,

  (a)  matters the Council’s board is required to address in the plan before it is adopted;

  (b)  processes the Council’s board must follow in preparing and adopting the plan;

  (c)  specified amendments to the plan once adopted; and

  (d)  processes the Council must follow in implementing the plan.

Board to amend plan

(3)  If the Minister issues a directive under clause (2) (c), the Council’s board shall update the plan as required by the directive.

Implementation

(4)  The Council shall wind up the affairs of the Council, and transfer its assets, liabilities, rights and obligations, in accordance with,

  (a)  the plan, or if amendments are made to the plan, the amended plan; and

  (b)  any directives issued by the Minister under clause (2) (d).

Power to transfer assets, etc.

(5)  The following provisions apply for the purposes of implementing a plan adopted or amended under this section:

   1.  The Council may transfer to the Crown in right of Ontario or to an agency of the Crown any of its assets, liabilities, rights and obligations, without consideration.

   2.  If an agreement is the subject of a transfer under this section, it is deemed to be assignable by the Council without consent of any party to the agreement.

   3.  The Council may enter into such other agreements, execute such documents and instruments, and do such other acts and things as the Council considers necessary or advisable to effect a transfer referred to in this section.

Provisions regarding a transfer of assets, etc.

(6)  The following provisions apply to transfers of assets, liabilities, rights and obligations of the Council that are made pursuant to a plan adopted or amended under this section:

   1.  The transferred asset, liability, right or obligation of the Council continues as the asset, liability, right or obligation of the recipient of the transfer.

   2.  A transfer of an asset, liability, right or obligation of the Council to the recipient of the transfer shall not constitute a change of control of the Council in respect of the asset, liability, right or obligation.

   3.  A transfer is deemed not to,

           i.  constitute a breach, termination, repudiation or frustration of any agreement,

          ii.  constitute a breach of any Act, regulation or municipal by-law,

         iii.  constitute an event of default or force majeure,

         iv.  give rise to a breach, termination, repudiation or frustration of any licence, permit or other right,

          v.  give rise to any right to terminate or repudiate an agreement, licence, permit or other right, or

         vi.  give rise to any estoppel.

   4.  Despite any other Act that requires notice or registration of a transfer, a transfer is binding on the recipient of the transfer and all other persons.

   5.  A conviction against, or ruling, order or judgment in favour of or against the Council may be enforced by or against the recipient of the transferred conviction, ruling, order or judgment.

   6.  The recipient of a transferred action is deemed to be the party plaintiff or the party defendant, as the case may be, in any civil action commenced by or against the Council before the date of the transfer.

Notices

(7)  The Council’s board shall provide such reports as the Minister may require from time to time and shall notify the Minister, in writing, as soon as possible after it has finished implementing the plan.

4 The Act is amended by adding the following section:

Final annual report

8.1.1  (1)  The Minister shall prepare, and make available to the public, a final annual report of the Council for the period that begins immediately after the period covered by the last annual report made under section 8 and ends on the day the Council is dissolved.

Tabling

(2)  The Minister shall table the Council’s final annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it.

5 The Act is amended by adding the following sections:

Crown liability

No personal liability

8.3  (1)  No cause of action arises against any current or former member of the Executive Council or employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions.

Crown remains vicariously liable

(2)  Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1).

No liability for acts or omissions of others

(3)  No cause of action arises against the Crown or any person specified in subsection (1) for an act or omission of a person other than the Crown or a person specified in that subsection, if the act or omission is related, directly or indirectly, to the exercise or performance, or intended exercise or performance, of a power, duty or function under this Act.

Employment, etc. with the Council

(4)  If a person who is an employee or agent of the Crown is employed in or assigned to or otherwise performs duties directly for the Council, the person is deemed to be an employee of the Council and not an employee or agent of the Crown specified in subsection (1) in relation to the person’s acts or omissions arising from the employment, assignment or performance for the purposes of this section and sections 8.4 and 8.5 as well as any claim for vicarious liability.

Proceedings by Crown not prevented

(5)  This section does not apply with respect to proceedings brought by the Crown.

Council liability

No personal liability

8.4  (1)  No cause of action arises against any current or former member or employee of the Council for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions.

Council vicariously liable

(2)  Subsection (1) does not relieve the Council of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1).

Proceedings by Crown not prevented

(3)  This section does not apply with respect to proceedings brought by the Crown.

Proceedings barred

8.5  (1)  No proceeding shall be commenced,

  (a)  against any person specified in subsection 8.3 (1) in respect of a matter referred to in that subsection;

  (b)  against the Crown or any person specified in subsection 8.3 (1) in respect of a matter referred to in subsection 8.3 (3); or

  (c)  against any person specified in subsection 8.4 (1) in respect of a matter referred to in that subsection.

Same

(2)  Subsection (1) does not apply with respect to an application for judicial review or any proceeding that is specifically provided for under this Act, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario or any form of compensation or damages including loss of revenue or profit.

Proceedings by Crown not prevented

(3)  This section does not apply with respect to proceedings brought by the Crown.

6 The Act is amended by adding the following section:

Dissolution

8.6  The Council is dissolved and all of its assets, liabilities, rights and obligations are transferred to and vested in the Crown in right of Ontario.

7 Section 9 of the Act is repealed.

Repeals

8 The Act is repealed.

Commencement

9 (1)  Except as otherwise provided in this section, this Schedule comes into force on the day the Putting Student Achievement First Act, 2026 receives Royal Assent.

(2)  Sections 6 to 8 come into force on a day to be named by order of the Lieutenant Governor in Council.

SCHEDULE 4
ONTARIO COLLEGE OF TEACHERS ACT, 1996

1 (1)  Paragraph 19 of subsection 40 (1) of the Ontario College of Teachers Act, 1996 is repealed and the following substituted:

19.  respecting accreditation of professional teacher education programs offered by post-secondary educational institutions;

19.1 respecting accreditation of ongoing education programs for teachers offered by post-secondary educational institutions and other bodies;

(2)  Section 40 of the Act is amended by adding the following subsections:

Accreditation of programs offered by post-secondary educational institutions

(1.1)  Without limiting the generality of paragraph 19 of subsection (1), a regulation made under that paragraph may,

  (a)  specify the timing and duration of professional teacher education programs;

  (b)  require areas of study to be included in professional teacher education programs, including the manner of delivery of such areas of study;

  (c)  establish criteria respecting any practical experience that is to be included in professional teacher education programs, including its duration;

  (d)  provide for any transitional matters in connection with the implementation of changes to accreditation of professional teacher education programs; and

  (e)  address any other matter relating to the design, delivery or learning outcomes of professional teacher education programs.

Application of accreditation requirements

(1.2)  A regulation made under paragraph 19 of subsection (1) applies in respect of a post‑secondary educational institution despite any provision of any other Act that grants the institution authority to determine, regulate or govern its own programs, curricula, academic standards or related educational matters.

Same

(1.3)  For greater certainty, the accreditation requirements set out in a regulation made under paragraph 19 of subsection (1) prevail in the event of a conflict with any decision, by‑law or policy of a senate or other academic governing body of a post‑secondary educational institution.

Commencement

2 This Schedule comes into force on the day the Putting Student Achievement First Act, 2026 receives Royal Assent.

SCHEDULE 5
SCHOOL BOARDS COLLECTIVE BARGAINING ACT, 2014

1 (1)  The definition of “association d’employeurs” in the French version of subsection 2 (1) of the School Boards Collective Bargaining Act, 2014 is amended by striking out “, l’Ontario Catholic School Trustees’ Association ou l’Ontario Public School Boards’ Association” and substituting “ou le CODE”.

(2)  Subsection 2 (1) of the Act is amended by adding the following definition:

“CODE” means the corporation named, or previously named, the Council of Ontario Directors of Education; (“CODE”)

(3)  The English version of subsection 2 (1) of the Act is amended by adding the following definition:

“employers’ association” means l’Association des conseils scolaires des écoles publiques de l’Ontario, l’Association franco-ontarienne des conseils scolaires catholiques or the CODE; (“association d’employeurs”)

(4)  The definition of “trustees’ association” in the English version of subsection 2 (1) of the Act is repealed.

(5)  Subsection 2 (4) of the Act is repealed and the following substituted:

School board as employer

(4)  Nothing in this Act nor anything done under this Act has the effect of,

  (a)  changing the status of a school board as the employer of its employees; or

  (b)  making any other person, including an employer bargaining agency or the Crown, an employer of an employee of a school board for any purpose, including for the purposes of this Act, the Labour Relations Act, 1995, the Occupational Health and Safety Act, the Employment Standards Act, 2000 or any other Act, or at common law or in equity.

2 The English version of subsection 4 (4) of the Act is amended by striking out “a trustees’ association” at the end and substituting “an employers’ association”.

3 The English version of subsections 15 (4) and (5) of the Act is amended by striking out “trustees’ associations” wherever it appears and substituting in each case “employers’ associations”.

4 (1)  Paragraphs 3 and 4 of subsection 21 (1) of the Act are repealed and the following substituted:

   3.  The CODE is, with respect to all bargaining units, the employer bargaining agency for,

           i.  every English-language public district school board,

          ii.  every English-language separate district school board, and

         iii.  every board established under section 68 of the Education Act.

(2)  The English version of paragraph 5 of subsection 21 (1) of the Act is amended by striking out “trustees’ associations” and substituting “employers’ associations”.

(3)  The English version of subsections 21 (2) and (3) of the Act is amended by striking out “a trustees’ association” wherever it appears and substituting in each case “an employers’ association” and by striking out “trustees’ associations” and substituting “employers’ associations”.

(4)  Subsection 21 (4) of the Act is amended by adding “subject to, in the case of the CODE, a by-law referred to in subsection 52 (3) or a regulation made under clause 54 (1) (b)” at the end.

(5)  The English version of subsection 21 (5) of the Act is amended by striking out “A trustees’ association” at the beginning and substituting “An employers’ association”.

(6)  The English version of subsections 21 (6) and (7) of the Act are amended by striking out “trustees’ associations” wherever it appears and substituting in each case “employers’ associations”.

(7)  The English version of subsection 21 (8) of the Act is amended by striking out “trustees’ association” and substituting “employers’ association”.

(8)  The English version of subsection 21 (9) of the Act is amended by striking out “trustees’ associations” wherever it appears and substituting in each case “employers’ associations”.

(9)  The English version of subsection 21 (10) of the Act is amended by striking out “a trustees’ association” and substituting “an employers’ association” and by striking out “the trustees’ association” and substituting “the employers’ association”.

(10)  Section 21 of the Act is amended by adding the following subsection:

Same

(10.1)  The Minister may, by regulation, require an English-language separate district school board to pay fees to the Ontario Catholic School Trustees’ Association, relating to the association’s activities under this Act, and the regulation may provide for the matters referred to in paragraphs 1 and 2 of subsection (10).

(11)  Subsection 21 (11) of the Act is amended by adding “subject to, in the case of the CODE, a by-law referred to in subsection 52 (3) or a regulation made under clause 54 (1) (b)” at the end.

(12)  Subsection 21 (12) of the Act is repealed and the following substituted:

Information re use of funds

(12)  The Minister may require an employers’ association or the Ontario Catholic School Trustees’ Association to provide to the Minister, in the form and manner specified, such information as he or she requests regarding the use of the following funds:

   1.  Funds granted to the employers’ association pursuant to a regulation made under section 234 of the Education Act.

   2.  Fees paid to the employers’ association pursuant to a regulation made under subsection (10) or to the Ontario Catholic School Trustees’ Association pursuant to a regulation made under subsection (10.1).

   3.  Direct payments made under transfer payment agreements with the Crown, as represented by the Minister.

(13)  Section 21 of the Act is amended by adding the following subsection:

Transition

(13)  The Ontario Public School Boards Association and the Ontario Catholic School Trustees’ Association are deemed to be employers’ associations for the purposes of subsection (12) with respect to funds granted or paid to them before the day on which subsection 4 (12) of Schedule 5 to the Putting Student Achievement First Act, 2026 came into force.

5 (1)  Section 22 of the Act is amended by adding the following subsection:

Substitution if employer bargaining agency unable, etc., to act

Application

(0.1)  In this section, reference to an employers’ association only includes reference to l’Association des conseils scolaires des écoles publiques de l’Ontario and l’Association franco-ontarienne des conseils scolaires catholiques.

(2)  The English version of section 22 of the Act is amended by striking out “a trustees’ association” wherever it appears and substituting in each case “an employers’ association” and by striking out “the trustees’ association” wherever it appears and substituting “the employers’ association”.

6 The Act is amended by adding the following section:

Substitution if CODE unable, etc., to act

22.1  (1)  If, in the Minister’s opinion, the CODE is unable or unwilling to exercise its rights and privileges or perform its duties as an employer bargaining agency under this Act, the Minister may, by regulation, designate a person or a body of persons or establish a body of persons to exercise the rights and privileges and perform the duties on its behalf until central bargaining is completed.

Same

(2)  If the CODE is a member of a council designated by or under section 21 and, in the Minister’s opinion, is unable or unwilling to exercise its rights and privileges or perform its duties as a member of the council, the Minister may, by regulation, designate a person or a body of persons or establish a body of persons to exercise the rights and privileges and perform the duties on its behalf until central bargaining is completed.

Regulations

(3)  The regulation under subsection (1) or (2) may also,

  (a)  if it establishes a body of persons, provide for the composition of the body;

  (b)  if it designates a corporation or a body of persons or establishes a body of persons, provide for the establishment, composition and election of a negotiating committee by members of the corporation or body;

  (c)  establish policies and procedures for the effective exercise of the person’s or body’s rights and privileges and performance of the person’s or body’s duties as an employer bargaining agency under this Act;

  (d)  if it designates or establishes a body of persons, establish any voting process to be used by the body in respect of central bargaining, which process need not be consistent with subsection 21 (4);

  (e)  authorize or require the CODE, or a school board represented by the CODE, or both, to provide services to the person or body of persons;

   (f)  authorize or require the payment of fees to the person or body by the CODE or by a school board represented by the CODE, or by both;

  (g)  specify the manner of determining the amount of the fees, if any, payable to the person or body and specifying other matters respecting the payment of the fees.

7 (1)  Subsection 25 (1) of the Act is amended by striking out “or the Ontario Catholic School Trustees’ Association”.

(2)  Subsection 25 (2) of the Act is amended by striking out “A council member referred to in subsection (1)” at the beginning and substituting “L’Association franco-ontarienne des conseils scolaires catholiques”.

(3)  Subsection 25 (4) of the Act is amended by striking out “the council member that gave the notice” and substituting “l’Association franco-ontarienne des conseils scolaires catholiques”.

8 The Act is amended by adding the following section:

Denominational rights and privileges, English-language separate district school boards

25.1  (1)  This section applies to central bargaining at a particular central table if the employee bargaining agency represents one or more bargaining units at an English-language separate district school board.

Role of the OCSTA

(2)  The Ontario Catholic School Trustees’ Association is entitled to observe central bargaining at the central table but when doing so shall comply with any conditions imposed collectively by the employer bargaining agency and the Crown, which may include,

  (a)  a restriction on the number of persons who may attend bargaining sessions; or

  (b)  requirements to maintain the confidentiality of bargaining discussions.

Notice re prejudicial effect

(3)  The Ontario Catholic School Trustees’ Association may give written notice to the parties at the central table and to the Crown that a particular matter or proposal that is the subject of central bargaining may prejudicially affect the denominational rights and privileges referred to in subsection 1 (3).

Agreement re: central, local bargaining

(4)  Upon receiving the notice, the parties and the Crown may agree to exclude the matter or proposal from central bargaining and may agree to make the matter or proposal the subject of local bargaining.

Application to Ontario Labour Relations Board

(5)  If the matter or proposal is not excluded from central bargaining, the Ontario Catholic School Trustees’ Association may apply to the Ontario Labour Relations Board to decide the issue.

Parties

(6)  The Ontario Catholic School Trustees’ Association, the Crown, the employer bargaining agency, the employee bargaining agency and such other persons and entities as the Board considers appropriate may participate in a proceeding under subsection (5).

Proceeding

(7)  Subsections 25 (6) to (9) apply with respect to proceedings relating to an application under this section.

Dismissal

(8)  The Board may dismiss an application brought under subsection (5) if, in the opinion of the Board, the Ontario Catholic School Trustees’ Association failed to give a timely notice under subsection (3) or make a timely application under subsection (5).

9 The English version of clause 33 (3) (c) of the Act is amended by striking out “a trustees’ association” and substituting “an employers’ association” and by striking out “trustees’ associations” and substituting “employers’ associations”.

10 (1)  Section 39 of the Act is amended by adding the following subsection:

Ratification, English-language district school boards

(2.1.1)  A memorandum of settlement of local terms shall only be considered to have been ratified by an English-language district school board once it has been executed by the board’s director of education as well as, in the case of an English-language separate district school board, approved by the board’s trustees.

(2)  Subsection 39 (4) of the Act is amended by adding “subject to, in the case of the CODE, a by-law referred to in subsection 52 (3) or a regulation made under clause 54 (1) (b)” at the end.

11 (1)  Section 43.1 of the Act is amended by striking out “and” at the end of clause (a) and by adding the following clause:

(a.1) govern any transitional matters that may arise out of amendments that are made to any other Act and that could affect collective bargaining or collective agreements under this Act; and

(2)  Clause 43.1 (b) of the Act is amended by striking out “central”.

12 Sections 51 to 56 of the Act are repealed and the following substituted:

The CODE as Employer Bargaining Agency

Interpretation, sections 52 to 57

51 (1)  In sections 52 to 57,

“committee” means the committee established under subsection 52 (1); (“comité”)

“OCSTA” means the Ontario Catholic School Trustees’ Association; (“OCSTA”)

“OPSBA” means the Ontario Public School Boards’ Association. (“OPSBA”)

Same

(2)  For the purposes of sections 52 to 57, the role, including any privileges, rights or duties, of an employer bargaining agency is deemed to include the role, including any privileges, rights or duties, of a member of a council of employers’ associations that is designated as an employer bargaining agency.

CODE bargaining committee

52 (1)  There shall be a committee within the CODE whose object is to oversee and direct the CODE’s activities as an employer bargaining agency.

By-laws

(2)  The committee may make by-laws necessary or incidental to carrying out its object.

Copy to minister

(3)  The committee shall provide a copy of any new or amended by-law to the Minister as soon as possible after the by-law is made or amended.

Same

(4)  The committee shall provide to the Minister a copy of any of its by-laws at the request of the Minister.

By-laws respecting process

(5)  Subject to any process established by the regulations and without limiting the generality of subsection (2), a by-law of the committee may specify the process by which the CODE exercises any of its rights or privileges under this Act or performs any of its duties under this Act, which need not require voting and, even where voting is required, need not comply with subsection 21 (4).

Conflict

(6)  In the event of a conflict between a by-law of the committee and one of the CODE’s by-laws or its articles, the by-law of the committee prevails.

By-laws

(7)  The Minister may, by order, establish the committee’s by-laws or amend or replace the committee’s by-laws.

Not a crown agent

(8)  The CODE and, for greater certainty, the committee is not an agent of the Crown and shall not hold itself out as such.

Same

(9)  Subsection (8) applies regardless of the manner in which the members of the committee were elected or appointed.

Order not regulation

(10)  Part III of the Legislation Act, 2006 does not apply to an order of the Minister under subsection (7).

Transition between associations

Duty to cooperate

53 (1)  The CODE and the OPSBA and the CODE and the OCSTA shall co-operate in good faith and do anything necessary to ensure that the CODE may effectively assume its role as employer bargaining agency under section 21.

Order to facilitate transfer

(2)  The Minister may, by order, require the OPSBA or the OCSTA to do anything that, in the opinion of the Minister, would facilitate the effective assumption by the CODE of the role of employer bargaining agency under section 21.

Same, other functions

(3)  The Minister may, by order, require the OPSBA or the OCSTA to do anything that, in the opinion of the Minister, would facilitate the effective assumption by the CODE of any other function that may have been carried out by the OPSBA or the OCSTA in relation to the terms and conditions of employment of any employees of a school board, including, despite subsection 3 (1), employees who are not represented by a bargaining agent and employees to whom this Act does not otherwise apply.

Scope of orders

(4)  Without limiting the generality of subsections (2) and (3), the Minister may order under those subsections the transfer of rights, powers, duties, property, contracts, employees, money, information or records of the OPSBA or the OCSTA to the CODE.

No breach

(5)  Disclosure of any information as required under a Minister’s order under subsection (2) or (3) does not constitute a breach of any agreement to which the OPSBA or the OCSTA is a party.

Provision of information despite privilege

(6)  The OPSBA or the OCSTA shall comply with any requirement to provide information under a Minister’s order under subsection (2) or (3) even if the information required to be provided is privileged or confidential.

No waiver of privilege

(7)  A disclosure under subsection (6) does not constitute a waiver of privilege.

Notices of desire to bargain

(8)  Subject to subsection (12), a notice of desire to bargain given to or by the OPSBA or the OCSTA under section 16 or 59 of the Labour Relations Act, 1995 is, if the bargaining in respect of which the notice was given has not yet concluded on the transition day, deemed to have been given to or by the CODE.

Ongoing proceedings

(9)  The OPSBA’s or the OCSTA’s status as a party or an intervenor in any proceeding referred to in subsection (10) is transferred to the CODE if the proceeding is ongoing on the transition day and the OPSBA or the OCSTA, as the case may be, was participating in the proceeding in its former role as an employer bargaining agency.

Same

(10)  Subsection (9) applies with respect to,

  (a)  any proceeding under this Act or the Labour Relations Act, 1995, other than a proceeding excluded from the application of subsection (9) by the regulations; and

  (b)  any prescribed proceeding.

Orders, etc.

(11)  An order, judgment, or other adjudication that, on transition day, is binding on the OPSBA or the OCSTA in its former role as an employer bargaining agency is binding on the CODE.

Actions taken by former association

(12)  The CODE may cancel any decision made or measure taken by the OPSBA or the OCSTA on or after April 13, 2026 and shall do so if the committee, after having determined that the decision or measure could frustrate the purposes of the amendments made to this Act by Schedule 5 to the Putting Student Achievement First Act, 2026, directs the CODE to do so.

Definition

(13)  In this section,

“transition day” means the day on which section 12 of Schedule 5 to the Putting Student Achievement First Act, 2026 comes into force.

Regulations re CODE

54 (1)  The Minister may make regulations,

  (a)  governing the committee, including its composition and its role and authority within the CODE;

  (b)  specifying the process by which the CODE exercises any of its rights or privileges under this Act or performs any of its duties under this Act, which need not require voting and, even where voting is required, need not comply with subsection 21 (4);

  (c)  requiring the CODE to provide information or reports to specified persons;

  (d)  excluding proceedings from the application of subsection 53 (9) or prescribing proceedings for the purposes of clause 53 (10) (b);

  (e)  governing the use of any funds provided to the CODE pursuant to a regulation made under subsection 21 (10).

Same

(2)  Without limiting the generality of clause (1) (a), a regulation made under that clause may permit persons who are not members of the CODE to be a member of the committee.

Conflict

(3)  In case of a conflict or an inconsistency between a regulation made under subsection (1) and the CODE’s by-laws or articles or the committee’s by-laws, the regulation prevails.

Crown liability

No personal liability

55 (1)  No cause of action arises against any current or former member of the Executive Council, deputy minister or employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under sections 52 and 53 or a regulation made under subsection 54 (1) or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions.

Crown remains vicariously liable

(2)  Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1).

No liability for acts or omissions of others

(3)  No cause of action arises against the Crown or any person specified in subsection (1) for an act or omission of a person other than the Crown or a person specified in that subsection, if the act or omission is related, directly or indirectly, to the exercise or performance, or intended exercise or performance, of a power, duty or function under sections 52 and 53 or a regulation made under subsection 54 (1).

Proceedings by Crown not prevented

(4)  This section does not apply with respect to proceedings brought by the Crown.

Trustees’ associations’ liability

No personal liability

56 (1)  No cause of action arises against any current or former director, officer, member or employee of the CODE, the OPSBA or the OCSTA for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under sections 52 and 53 or a regulation made under subsection 54 (1) or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions.

Trustees’ association vicariously liable

(2)  Subsection (1) does not relieve the CODE, the OPSBA or the OCSTA of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1).

Proceedings by Crown not prevented

(3)  This section does not apply with respect to proceedings brought by the Crown.

Proceedings barred

57 (1)  No proceeding shall be commenced,

  (a)  against any person specified in subsection 55 (1) in respect of a matter referred to in that subsection;

  (b)  against the Crown or any person specified in subsection 55 (1) in respect of a matter referred to in subsection 55 (3); or

  (c)  against any person specified in subsection 56 (1) in respect of a matter referred to in that subsection.

Same

(2)  Subsection (1) does not apply with respect to an application for judicial review or any proceeding that is specifically provided for under this Act, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario or any form of compensation or damages including loss of revenue or profit.

Proceedings by Crown not prevented

(3)  This section does not apply with respect to proceedings brought by the Crown.

Consequential Amendments

Education Act

13.  (1)  Subsection 218.3 (4) of the Education Act is amended by striking out “following consultation with each trustees’ association identified in the definition of that term in subsection 2 (1) of the School Boards Collective Bargaining Act, 2014” at the end and substituting “following any consultation required by the regulations”.

(2)  Section 218.3.3 of the Act is amended by adding the following clause:

(d.1) prescribing any consultation required for the purposes of subsection 218.3 (4);

Public Sector Salary Disclosure Act, 1996

14.  The English version of clause (d.1) of the definition of “public sector” in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996 is amended by striking out “trustees’ association” and substituting “employers’ association”.

Commencement

15 This Schedule comes into force on the day the Putting Student Achievement First Act, 2026 receives Royal Assent.