Amendments to Hiring Practices Regulation under Education Act Filed

On May 8, 2013, the Ontario government filed O. Reg. 148/13 amending O. Reg. 274/12, Hiring Practices, under the Education Act.

Subsection 4(2) of O. Reg. 274/12 has been amended such that an occasional teacher may apply to a board to be placed on a long-term occasional teachers list and the board shall grant the teacher an interview, subject to the conditions specified therein.

Clause 4(2)(b) of O. Reg. 274/12 has been amended such that an occasional teacher may apply to the board to be placed on the list and the board shall grant the teacher an interview if the teacher has been on the board’s roster of occasional teachers for at least 10 months and “the teacher has taught as an occasional teacher in one or more schools of the board for at least 20 full days during a 10-month period that is within the five years immediately preceding the day the application is submitted.”

O. Reg. 148/13 came into force on May 8, 2013.

Regulatory Amendment Filed Under Education Act (Operation of Schools - General)

On March 26, 2013, the Ontario government filed O. Reg. 121/13, amending Regulation 298, Operation of Schools – General. It adds to the duties of secondary school principals, for the purpose of assisting in course selection, the requirement to inform prescribed pupils of ways to earn a credit that are an alternative to enrolment as a full-time pupil (but not including enrolment in a private school).

O. Reg. 121/13 will come into force on September 1, 2013

Amendment to Sick Leave Credits and Sick Leave Credits Gratuities Regulation Filed

On March 26, 2013, O. Reg. 112/13, amending O. Reg. 1/13 Sick Leave Credits and Sick Leave Credits Gratuities made under the Education Act, was filed.

O. Reg. 112/13 adds “Limestone District School Board” to subsection 4(5) of O. Reg. 1/13. That subsection states that employees of the boards specified must have 10 years of service with the applicable board as a condition of eligibility to receive a sick leave credit gratuity. O. Reg. 112/13 is deemed to have come into force on September 1, 2013.

 

 

Certain Education Act Regulations Revoked

On January 25, 2013, the Ontario government filed O. Reg. 38/13 made under the Education Act. The Regulation revokes the following regulations made under the Education Act, effective January 25, 2013:

Putting Students First Act, 2012 Repealed

On January 23, 2013, section 20 of the Putting Students First Act, 2012 (“Act”) was proclaimed into force.

The effect of proclaiming section 20 into force is that the Act (formerly known as Bill 115) has been repealed.

Regulatory Changes to 2013-2014 Professional Activity Days Filed under Education Act

On January 21, 2013, the Ontario government filed O. Reg. 13/13, amending Regulation 304, School Year Calendar, Professional Activity Days, made under the Education Act.

Among other things, O. Reg. 13/13 amends subsection 2(3.1) (requirement that every school year shall include a minimum of 194 school days as designated) to add that for the school year 2013-2014 the days shall be designated as follows:

  • five days shall be designated by the board to be professional activity days;
  • in addition to the five designated days, one day may be designated as a professional activity day (in which case some of those activities shall relate to curriculum development, implementation and review);
  • any school days not designated as either of the above shall be instructional days.

The Regulation also amends section 4.1 of Regulation 304 to provide that for two of the professional activity days for the school year 2013-2014, the board must prepare an agenda containing certain prescribed information and at least 10 school days before the scheduled professional activity day, must make that agenda available through prescribed means.

The Regulation came into effect on the day it was filed.

Regulatory Amendment Filed under Putting Students First Act

On January 21, 2013, the Ontario government filed O. Reg. 12/13, amending O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“Act”).

Among other things, O. Reg. 12/13:

  • revokes paragraph 6 of subsection 2(2) of O. Reg. 2/13 (gratuity wind-up for sick leave credit gratuity in certain circumstances) and provides for determining the amount of a retirement gratuity in certain circumstances and on the basis of a prescribed formula;
  • for employees who do not bargain collectively and where an employment contract between a board and a board employee provides for an annual salary of less than $100,000 and for movement on the salary grid (subsection 2(4) of O. Reg. 2/13), revokes the requirement for certain terms, prescribes rules for movement on the salary grid in certain circumstances and prescribes a formula for payment of any amount owing to an employee, if any, on the last day of the restraint period;
  • modifies certain obligations in respect of a collective agreement between a board and the Canadian Union of Public Employees;
  • provides, among other things, that where a collective agreement is in effect, neither the board nor an employee bargaining agent can ask an arbitrator or an arbitration board to inquire into the constitutionality of the Act or an order made under the Act, but such restrictions do not apply to proceedings before a court;
  • for employees who bargaining collectively (subsection 3(2) of O. Reg. 2/13), revokes the requirement for certain terms, prescribes rules for applicable employees regarding movement through the salary grid and prescribes a formula for payment of any amount owing to an employee, if any, on the last day of the restraint period; and
  • adds sections regarding special rules and exemptions for bargaining units of early childhood educators and for an exemption for certain employees of the Durham District School Board.

The Regulation is deemed to have come into force on September 1, 2012.

Education Act Regulation "Sick Leave Credits and Sick Leave Credit Gratuities" Amended

On January 21, 2013, the Ontario government filed O. Reg. 11/13, amending O. Reg. 1/13 (Sick Leave Credits and Sick Leave Credit Gratuities) made under the Education Act.

Among other things, O. Reg. 11/13:

  • increases to 11 (from 10) the number of sick leave days per year for which an applicable permanent employee is eligible;
  • prescribes circumstances under which employees represented by the Canadian Union of Public Employees (“CUPE”) are eligible for sick leave credits in addition to those provided under subsection 1(2) of O. Reg. 1/13, and the formula for determining those credits;
  • prescribes circumstances under which other employees may be eligible for sick leave credits in addition to those provided under subsection 1(2) of O. Reg. 1/13;
  • adds a bargaining unit represented by CUPE to subsection 3(2) of O. Reg. 1/13, regarding use of sick leave credits;
  • prescribes terms of use of unused sick leave credits by employees, other than teachers, who work less than a full day in the course of a graduated return to work;
  • revokes subsection 4(4) of O. Reg. 1/13 and prescribes a formula for determining the amount for a gratuity wind-up for specified employees; and
  • adds Waterloo Catholic District School Board to subsection 4(5) of O. Reg. 1/13 (applicable to certain employees).

The Regulation is deemed to have come into force on September 1, 2012.

Sick Leave Credits and Sick Leave Credit Gratuities Regulation Filed under Education Act

On January 2, 2013, the Ontario government filed O. Reg. 1/13, “Sick Leave Credits and Sick Leave Credit Gratuities” made under the Education Act.

The Regulation establishes:

  • a board employee's eligibility for sick leave credits;
  • the day during a board's fiscal year on which an employee eligible for sick leave credits will be provided with those credits;
  • how a sick leave credit may be used by an employee; and
  • that an employee is not eligible to receive sick leave credit gratuities after August 31, 2012, subject to the exceptions specified.

The Regulation is deemed to have come into force on September 1, 2012 and will be revoked on August 31, 2014

PSFA "General" Regulation Filed

On January 2, 2013, the Ontario government filed O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“PSFA”).

Among other things, O. Reg. 2/13 establishes additional prescribed terms further to subsection 2(1) of the PSFA for employees who do not bargain collectively. The terms include, among other things:

  • terms that shall be contained in employment contracts between a board and a board employee pertaining to, among other things, retirement gratuities, retirement benefits, maternity benefits and entitlement to receive top up benefits that an employee is entitled to under the Workplace Safety and Insurance Act, 1997 (“WSIA”);
  • terms that shall be contained in an employment contract between a board and a principal or vice-principal of the board;
  • terms that shall be contained in an employment contract between the board and a board employee that provides for a salary of less than $100,000 annually and that provides for movement on the salary grid; and
  • in specified circumstances, certain exemptions from the application of certain provisions of section 2(1) of the PSFA.

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PSFA "Sick Leave Provisions 2012-2013" Regulatory Amendment Filed

On January 2, 2013, the Ontario government filed O. Reg. 3/13, Sick Leave Provisions, 2012-2013, amending O. Reg. 313/12 made under the Putting Students First Act, 2012 (“PSFA”).

O. Reg. 3/13 revokes and replaces subsection 2(3) of O. Reg. 313/12 with a provision that states any rule made before September 1, 2012 requiring an employee absent from work on that day to return to work in order to determine sick leave eligibility for the fiscal year 2012-2013 is inapplicable, unless:

  • the employee is in receipt of workplace safety and insurance benefits or long-term disability benefits;
  • the employee is on an unpaid leave of absence (other than a leave for illness, disability or a chronic condition); or
  • the employee does not have any unused sick leave credits that were provided in the previous fiscal year.

The Regulation is deemed to have come into force on September 1, 2012.

Regulatory Proposal Issued Regarding School Bus Driver Requirements

On November 22, 2012, the Ontario government (Ministry of Education) issued a regulatory proposal regarding the requirement that school bus drivers have a clear criminal record check report in order to qualify for and hold the requisite driver’s licence.

That requirement is currently found in a regulation under the Highway Traffic Act. Under this proposal, the requirement will be transferred to O. Reg. 521/01, Collection of Personal Information, under the Education Act.

Any comments on this proposal are due by January 2, 2013.

PSFA Regulations Filed (Hiring Practices and Sick Leave Provisions 2012-2013)

On September 12, 2012, sections 1 through 19 (inclusive) and 21 of the Putting Students First Act, 2012 (”PSFA”) were proclaimed in force. The restraint period applies retroactively, as outlined in the Act.

On that date, the Ontario government filed a new regulation under the Education Act with respect to hiring practices. It is important to note this regulation was filed under the broad regulation-making powers set out in the Education Act, rather than the narrower powers established under the PSFA. Among other things, O. Reg. 274/12:

  • provides rules for the ranking of occasional teachers by seniority;
  • prescribes information to be included in the roster of occasional teachers;
  • requires boards to create a “long-term occasional teachers list;”
  • prescribes conditions under which an occasional teacher may apply to the board to be placed on the long-term occasional teachers list;
  • establishes a minimum notice requirement for the posting of long-term assignment or permanent teaching positions;
  • establishes a seniority-based framework for assignments or appointments of qualified occasional teachers to long-term assignments;
  • establishes a seniority-based framework for assignments or appointments to permanent positions; and
  • outlines the rights of unsuccessful candidates.

This regulation came into force on September 12, 2012. As a regulation under the Education Act, it applies to all school boards and, by section 277.13 of the Education Act, it prevails over any collective agreement.

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New PSFA Regulation Filed - Deductions From Wages

On September 21, 2012, the Ontario government filed a new regulation under the Putting Students First Act, 2012.

O. Reg. 282/12 (Orders to Reimburse Boards – Deductions From Wages) applies with respect to the deduction, under subsection 9 (6) of the PSFA, from an employee’s wages for amounts the employee is required to reimburse to a board under an order made under paragraph 4 of subsection 9 (2) of the Act.

The regulation is now in force.

Bill 115, Putting Students First Act, 2012 Passes Third Reading

On September 11, 2012, Bill 115, Putting Students First Act, 2012, passed at Third Reading, as amended by the Standing Committee on Social Policy. The Act will come into force on a day to be proclaimed by the Lieutenant Governor.

For background information on the Putting Students First Act, please see our FTR Now of August 20, 2012, “Ontario to Introduce Sweeping Legislation Concerning School Board Bargaining” and our subsequent blog posts.

Proposed Teacher Bargaining Legislation Passes Second Reading, Referred to Committee

Education Act Regulations Filed: Extended Day and Third Party Programs

On August 31, 2012, the Ontario government filed the following two regulations under the Education Act:

The regulations are now in force.

Changes to Proposed Legislation on Teacher Bargaining

On August 27, 2012, the Ontario Legislative Assembly resumed, and the government introduced Bill 115, Putting Students First Act, 2012.

The government has made a number of changes to the original draft of the Bill that was released on August 16, 2012, including a key change to the proposed regulation-making powers about the imposition of collective agreement provisions concerning teacher control over diagnostic student assessments and the mandatory consideration of seniority in teacher hiring.

Bill 115 as now drafted would limit such regulations regarding testing and hiring to employees represented by a union or teacher federation (such as OECTA or AEFO) that has signed a Memorandum of Understanding with the Ministry of Education on or before August 31, 2012. Such regulations will not apply to teacher federations (such as ETFO and OSSTF) if they have not signed a Memorandum with the Ministry by that date.

For background information on the Putting Students First Act, please see our FTR Now of August 20, 2012, “Ontario to Introduce Sweeping Legislation Concerning School Board Bargaining.”

Ontario Introduces Bill 115, Putting Students First Act, 2012

On August 27, 2012, the Ontario Legislative Assembly resumed, and the government introduced Bill 115, Putting Students First Act, 2012.

The government has made a number of changes to the original draft of the Bill that was first introduced on August 16, 2012.

We are in the process of reviewing the proposed legislation. For background information on the Putting Students First Act, please see our FTR Now of August 20, 2012, “Ontario to Introduce Sweeping Legislation Concerning School Board Bargaining.”

Putting Students First Act to be Introduced August 27, Legislature Recalled

The Ontario government announced that the Legislature has been recalled for August 27, 2012 to permit the introduction of the government’s Putting Students First Act Bill. 

As previously reported, the government first released a draft of the Putting Students First Act on August 16, 2012, legislation that would, if passed, impose a two-year freeze on teacher salaries and prohibit labour disruption, among other matters. Once introduced at First Reading on August 27, 2012, the normal legislative process may be expedited on agreement by all parties. Absent all-party agreement, a regular legislative process applies.

The Legislature previously adjourned until September 10, 2012.

An FTR Now discussing the potential impact of the legislation will be available shortly on our website.

Ontario To Introduce Wage Freeze Legislation for Teachers

On August 16, 2012, the Ontario government announced its intention to introduce the Putting Students First Act, legislation that would, if passed, impose a two-year freeze on teacher salaries and prohibit labour disruption, among other matters.

Specifically, the Bill would require school boards and local bargaining units of teachers and support staff to accept local agreements consistent with the following provisions and parameters, first outlined in the Memorandum of Understanding between the government and the Ontario English Catholic Teachers’ Association (“OECTA”) and similar agreements negotiated before August 31, 2012:

  • a zero per cent salary increase in 2012-13 and 2013-14;
  • a 1.5 per cent pay cut in the form of three unpaid professional development days;
  • agreement to restructure the grid with a view to long-term, sustainable savings;
  • elimination of the current retirement gratuity for payment of unused sick days;
  • a restructured short-term sick leave plan that would include up to 10 sick days;
  • agreement to address non-monetary issues including greater autonomy for teachers in applying diagnostic assessments; and
  • prohibit strikes or lockouts for a two-year period.

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Anti-Bullying Bill Receives Royal Assent

On June 19, 2012, Bill 13, the Accepting Schools Act, 2012, received Royal Assent.

Section 7 (Bullying Awareness and Prevention Week) came into force upon Royal Assent. As previously reported, the remaining sections of the Bill will come into force on September 1, 2012.

Ontario Establishes New Class Size Limits

On June 4, 2012, the Ontario government filed a new class size regulation under the Education Act. O. Reg. 132/12 (Class Size) defines a number of terms, including:

  • “class size” in relation to elementary and secondary schools;
  • co-operative education class;
  • course;
  • cycle;
  • instructional day;
  • part-time; and
  • transfer course.

As outlined in the Ministry of Education’s announcement, the regulation sets new maximum average class sizes for students from kindergarten to Grade 12, including:

  • a board average of 26 students per two instructors for full-day kindergarten (“FDK”);
  • a cap of 23 students for junior kindergarten (in schools where FDK has not yet been rolled out) through to Grade 3, with 90 per cent of classes at 20 or fewer students;
  • a board average of 24.5 students for Grades 4 to 8, with differences for some boards consistent with previous commitments to class size reductions; and
  • a board average of 22 students for Grades 9 to 12.

The Regulation revokes O. Reg. 399/00 (Class Size), as recently amended by O. Reg. 26/12, and will come into force on September 1, 2012.

Amended Ontario Anti-Bullying Bill Passes Third Reading

On June 5, 2012, Bill 13, the Accepting Schools Act, 2012, passed at Third Reading. As previously reported, Bill 13 was extensively amended by the Standing Committee on Social Policy.

With the exception of the amendments outlined in section 7 (Bullying Awareness and Prevention Week), Bill 13 will come into force on September 1, 2012.

Background information on the Bill’s progress through the Legislature is available here, and in our FTR Now of December 9, 2011, “Anti-Bullying Legislation Tabled in Ontario Legislature.”

Amended Ontario Anti-Bullying Bill Ordered for Third Reading

On May 30, 2012, Bill 13, the Accepting Schools Act, 2012, was reported back to the House as amended by the Standing Committee on Social Policy.

The proposed Committee amendments are extensive. Of particular note, Bill 13 now:

  • contains a revised definition of “bullying”;
  • adopts a definition of “cyber-bullying” that essentially tracks the definition proposed in the Opposition’s private member anti-bullying bill, Bill 14, the Anti-Bullying Act, 2011;
  • incorporates “gender identity” and “gender expression” into proposed amendments to subsection 169.1 (1) of the Education Act ("Act") (Part VI, Duties and Powers of Boards);
  • proposes a requirement under section 170 (1) of the Act (Duties of boards) for boards to develop (i) annual professional development programs to educate teachers and other staff about bullying prevention and strategies for promoting positive school climates; and (ii) programs, interventions or other supports for pupils who have been bullied, pupils who have witnessed incidents of bullying and pupils who have engaged in bullying, and the programs, interventions and other supports that may be provided by social workers, psychologists or other professionals;
  • imposes a new duty on the principal to investigate;
  • provides for mandatory notice to a parent or guardian of (a) a pupil who the principal believes has been harmed; and (b) any pupil of the school who the principal believes has engaged in the activity that resulted in the harm;
  • requires the Minister to develop a model bullying prevention and intervention plan, with prescribed content, to assist boards in establishing bullying prevention and intervention plans under section 303.3 of the Act; and
  • imposes an annual reporting obligation in respect of suspensions and expulsions.

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Ontario Anti-Bullying Bill Referred to Committee

On May 3, 2012, Bill 13, the Accepting Schools Act, 2011, passed at Second Reading and was ordered referred to the Standing Committee on Social Policy.

As previously reported, Bill 13 is intended to address the issue of bullying in schools, and would, if passed, amend the Education Act to include a definition of bullying, new requirements for school boards to implement anti-bullying policies, and the prevention of bullying in schools in the provincial code of conduct, among other matters. The legislation would also authorize the Minister to establish policies and guidelines with respect to disciplining pupils who engage in bullying, sexual assault, gender-based violence and incidents based on homophobia, among other things. It would further authorize the Minister to establish policies and guidelines with respect to bullying prevention and intervention in schools.

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Education Act Regulatory Amendment Filed (Honoraria)

On April 18, 2012, the Ontario government filed an amendment to O. Reg. 357/06 under the Education Act (Honoraria for Board Members).

O. Reg. 57/12 adds a new Part II (Rules For The Period From April 1, 2012 To March 31, 2014), imposing a temporary limit on honoraria for a chair, vice-chair or other member of a district school board. Specifically, an honorarium “shall not exceed the maximum amount that was payable to a member with that office during the period in which the restraint measures under sections 7 to 11 of the Public Sector Compensation Restraint to Protect Public Services Act, 2010 applied.”

The amendment is now in force.

Ontario Introduces Education Act Amendments Relating to Concussions

On March 6, 2012, the Ontario government introduced Bill 39, Education Amendment Act (Concussions), 2012. If passed, the Bill would rename Part XIII.1 of the Education Act “Pupil Health,” and create new provisions for concussions.

These provisions would authorize the Minister to make policies and guidelines relating to the following:

  • the distribution of head injury prevention information to pupils, parents, guardians, board employees and volunteers, as well as the identification of symptoms of concussions and the management of concussions;
  • the management of concussions, including both the removal of a pupil who is suspected of having sustained a concussion from intramural or inter-school athletics or any part of the health and physical education curriculum, as well as the return of that pupil; and
  • the responsibilities of board employees, classes of board employees, or other persons who are involved in intramural or inter-school athletics or any part of the health and physical education curriculum in relation to the foregoing.

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Ontario Confirms Full-Day Kindergarten Class Size at Average of 26

On March 2, 2012, the Ontario government filed amendments to O. Reg. 399/00 (Class Size) under the Education Act.

O. Reg. 26/12 provides that effective September 1, 2012, the average size of junior kindergarten and kindergarten classes that a school board is required to operate under Ontario regulation 224/10 (Full Day Junior Kindergarten and Kindergarten) shall be 26.

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Ontario Introduces Anti-Bullying Legislation

On November 30, 2011, the Ontario government tabled Bill 13, the Accepting Schools Act, 2011, legislation intended to address the issue of bullying in schools. This Bill, if passed, would amend the Education Act to include, among other things:

  • a definition of bullying;
  • a requirement that school boards implement policies promoting positive school environments that are inclusive and accepting of all pupils, and promoting the prevention of bullying;
  • the designation of the third week in November as “Bullying Awareness and Prevention Week”;
  • the prevention of bullying in schools in the provincial code of conduct;
  • a requirement that agreements between school boards and other persons or entities regarding the use of a school operated by the board adhere to standards consistent with the provincial code of conduct; and
  • a provision to support pupils who want to establish or lead activities that promote gender equity, anti-racism, the awareness and understanding of, and respect for, people with disabilities and people of all sexual orientations and gender identities.

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Education Act Regulations Filed: Extended Day and Third Party Programs

On June 7, 2011, the Ontario government filed the following two regulations under the Education Act:

The regulations are now in force.

 

New Education Act Regulation Filed - Supervised Alternative Learning, Excusals

On September 29, 2010, the Ontario government published O. Reg. 374/10 under the Education Act, which sets out the rules applicable to supervised alternative learning and other excusals from attendance at school.

O. Reg. 374/10 revokes Regulation 308 of the Revised Regulations of Ontario, 1990, and will come into force on February 1, 2011.

 

New Education Act Regulation Filed - Audit Committees

On September 13, 2010, the Ontario government published a regulation setting out the rules applicable to audit committees established by district school boards under subsection 253.1(1) of the Education Act.

O. Reg. 361/10 is now in force.

New Education Act Regulation Amendments Filed - Operation of Schools, Exchange Teachers

On September 8, 2010, the Ontario government published a regulation implementing a number of amendments to Reg. 298 of R.R.O. 1990 (Operation of Schools).

O. Reg. 341/10 (Operation of Schools--General) adds section 22.1, which deals with exchange teachers. Among other things, the amendments define "criminal background checks" and "jurisdiction outside Ontario".

The O. Reg. 341/10 amendments are now in force.

 

New Education Act Regulation Amendments Filed - School Councils, Parent Involvement Committees

On September 3, 2010, the Ontario government published a regulation implementing a number of amendments to O. Reg. 612/00 (School Councils).

Among other things, O. Reg. 330/10 adds Part III, which sets out the rules applicable to the purpose, creation and composition of Parent Involvement Committees.

The O. Reg. 330/10 amendments are now in force.

Section 21 of Ontario's Early Learning Legislation Now Into Force

The amendments outlined in section 21 of Bill 242, the Full-Day Early Learning Statute Amendment Act, 2010, were proclaimed in force effective August 16, 2010.

Section 21 adds PART X.3 (Designated Early Childhood Educators - Induction, Performance Appraisal and Reporting Obligations) to the Education Act (sections 277.46 to 277.52).

As previously reported, the amendments outlined at sections 1 to 20 and 22 of the Bill were proclaimed in force effective June 3, 2010.

 

New Full-Day Learning, ECE Appointment Regulations Filed

On August 18, 2010, the Ontario government published the following regulation and regulatory amendments under the Education Act:

  • O. Reg. 321/10 (Extended Day Programs), amending O. Reg. 225/10, which in part provides for board approval of delegation by a principal and the appointment of Early Childhood Educators ("ECEs");
  • O. Reg. 322/10 (Letter of Permission – Early Childhood Educators), setting out the criteria for Ministerial permission to appoint ECEs; and
  • O. Reg. 323/10 (Full-Day Junior Kindergarten and Kindergarten), amending O. Reg. 224/10, which in part sets out the process for appointing ECE positions in urgent situations.

The regulation and regulatory amendments are now in force.

New Education Act Regulation Filed - Performance Appraisals (Principals, Vice-Principals)

On June 14, 2010, the Ontario government filed a regulation that applies to performance appraisals of principals and vice-principals conducted under Part XI.1 of the Education Act.

O. Reg. 234/10 sets out the performance appraisal process to be followed, the rules applicable in the event of unsatisfactory ratings and "special circumstances", and the duties and powers of supervisory officers and directors.

The regulation is now in force.

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Ontario's Early Learning Legislation Comes Into Force

The amendments outlined at ss. 1-20 and 22 of Bill 242, the Full-Day Early Learning Statute Amendment Act, 2010, were proclaimed in force effective June 3, 2010.

New Early Learning Program Regulations Filed Under Education Act

On June 7, 2010, the Ontario government filed two significant regulations under the Education Act in support of its full-day learning initiative, the Early Learning Program (ELP):

  • O. Reg. 224/10, dealing with full-day junior kindergarten and kindergarten; and
  • O. Reg. 225/10, dealing with Extended Day Programs for schools subject to section 259 of the Act.

The ELP initiative was formalized in Bill 242, the Full-Day Early Learning Statute Amendment Act, 2010, which received Royal Assent.

As previously reported, Bill 242 amends provisions of the Education Act and related statutes to give effect to the ELP. More information on the ELP is available in our FTR Now of January 12, 2010.

The amendments will come into force on a date to be named by proclamation.

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New Teacher Qualification Regulations

On May 20, 2010, the government filed the following new regulation under the Ontario College of Teachers Act, 1996:

  • O. Reg. 176/10, which outlines the requirements for obtaining a certificate of qualification and registration. With certain exceptions, the Regulation is now in force.
  • O. Reg. 182/10, which outlines amendments to O. Reg. 347/02 (the accreditation of teacher education programs).

New Education Act Regulations

On May 20, 2010, the Ontario government filed the following Regulations under the Education Act:

  • O. Reg. 180/10 (Supervisory Officers), in part clarifying the definition of "acceptable post-secondary degree" for the purposes of s. 1(1) of Regulation 309 of R.R.O. 1990;
  • O. Reg. 183/10 (Operation of Schools), dealing with the assignment or appointment of teachers among other things.

Both Regulations are now in force.

Ontario's Full-Day Learning Legislation Receives Royal Assent

On May 18, 2010, Bill 242, the Full-Day Early Learning Statute Amendment Act, 2010 received Royal Assent and is expected to come into force on a date to be named by proclamation. Chapter Number: S.O.2010 C.10.

As reported, Bill 242 carried at Third Reading on April 27, 2010. It amends provisions of the Education Act and related statutes to give effect to the government’s Early Learning Program (ELP) in September of 2010, as reported in our FTR Now of January 12, 2010. The amendments outline the operation of junior kindergarten and kindergarten on a full day basis; the operation of extended day programs outside the hours of junior kindergarten and kindergarten; and the appointment of early childhood educators to positions in junior kindergarten and kindergarten and extended day programs.

First introduced February 17, 2010, Bill 242 was later amended by the Standing Committee on Social Policy.

Ontario Passes Full-Day Learning Legislation

On April 27, 2010, Bill 242, the Full-Day Early Learning Statute Law Amendment Act, 2010 carried at Third Reading. As reported in our most recent Bill 242 FTR Now, it is expected to receive Royal Assent and will come into force on a date to be named by proclamation.

Bill 242 amends provisions of the Education Act and related statutes to give effect to the government’s Early Learning Program (ELP) in September of 2010, as we reported in our FTR Now of January 12, 2010.

The amendments outline the operation of junior kindergarten and kindergarten on a full day basis; the operation of extended day programs outside the hours of junior kindergarten and kindergarten; and the appointment of early childhood educators to positions in junior kindergarten and kindergarten and extended day programs.

First introduced February 17, 2010, Bill 242 was later amended by the Standing Committee on Social Policy.

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