Human Resources Legislative Update - Legislative Developments in Human Resources Law

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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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.

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.

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.

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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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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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.

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.