PART I MINISTRY OF EDUCATION AND TRAINING
Powers of Minister
8 (1) The Minister may, provincial priorities in education 0.1 establish policies and guidelines respecting the provincial priorities in education in the area of student achievement prescribed under subsection 11.2 (1), and require boards to comply with the policies and guidelines. 2023, c. 11, Sched. 2, s. 2 (1). diplomas and certificates 1. name the diplomas and certificates that are to be granted to pupils and prescribe their form and the conditions under which they are to be granted;  R.S.O. 1990, c. E.2, s. 8 (1), par. 1. courses of study 2. prescribe the courses of study that shall be taught and the courses of study that may be taught in the primary, junior, intermediate and senior divisions;  R.S.O. 1990, c. E.2, s. 8 (1), par. 2. courses and areas of study 3. in respect of schools under the jurisdiction of a board, (a) issue curriculum guidelines and require that courses of study be developed therefrom and establish procedures for the approval of courses of study that are not developed from such curriculum guidelines, (a.1) issue guidelines respecting the review and revision of curricula, which may address how often reviews shall occur to determine whether revisions are required and shall require revisions to be informed by experts on pedagogy and labour market needs, (b) prescribe areas of study and require that courses of study be grouped thereunder and establish procedures for the approval of alternative areas of study under which courses of study shall be grouped, and (c) approve or permit boards to approve, (i) courses of study that are not developed from such curriculum guidelines, and (ii) alternative areas of study under which courses of study shall be grouped, and authorize such courses of study and areas of study to be used in lieu of or in addition to any prescribed course of study or area of study;  R.S.O. 1990, c. E.2, s. 8 (1), par. 3; 2023, c. 11, Sched. 2, s. 2 (2). junior kindergarten and kindergarten 3.0.0.1 issue and require boards to comply with policies and guidelines governing all aspects of the operation of junior kindergarten and kindergarten, including policies and guidelines, i. respecting the schools at which junior kindergarten and kindergarten are required and are not required to be operated, ii. respecting the hours during which and the days on which a board is required and is not required to operate junior kindergarten and kindergarten in one or more schools of the board, iii. respecting curriculum and programs for junior kindergarten and kindergarten, iv. respecting the circumstances in which a board is not required to designate a position in a junior kindergarten or kindergarten class as requiring an early childhood educator or to appoint an early childhood educator to such a position;  2010, c. 10, s. 2 (1). reviews of effectiveness 3.1 conduct reviews of classroom practices and the effectiveness of educational programs and require a board or a private school inspected under subsection 16 (7) to participate in the reviews and to provide information to the Minister for that purpose in such form as the Minister may prescribe;  1993, c. 11, s. 10. tests 3.2 assess the academic achievement of pupils attending schools under the jurisdiction of a board and, for the purpose, the Minister may, (a) provide for the administering and marking of tests of academic achievement, (b) require a board to administer tests of academic achievement to its pupils and mark the tests, within the time and in the manner and form specified by the Minister, and (c) require a board to report on the results of the tests to the Minister and to the general public within the board’s jurisdiction, within the time and in the manner and form specified by the Minister;  1996, c. 11, s. 29 (1). policies, guidelines: assessment of academic achievement 3.3 establish policies and guidelines for the assessment of the academic achievement of pupils attending schools under the jurisdiction of a board and require boards to comply with the policies and guidelines;  1996, c. 11, s. 29 (1). guidelines: role and responsibilities of board members, officials 3.4 establish policies and guidelines respecting the roles and responsibilities of board members, directors of education, supervisory officers, principals, superintendents and other officials;  1997, c. 31, s. 6 (1). policies and guidelines: training for board members, others 3.4.1 establish policies and guidelines setting out training, including the content, timing and frequency of training, to be completed by board members, directors of education, supervisory officers and superintendents and require those individuals to comply with the policies and guidelines; 2023, c. 11, Sched. 2, s. 2 (3). policies and guidelines: policies re pupil representatives 3.5 establish policies and guidelines for the development and implementation of board policies dealing with the representation on boards of the interests of pupils and require boards to comply with the policies and guidelines;  1997, c. 31, s. 6 (2). policies and guidelines: policies re electronic meetings 3.6 establish policies and guidelines for the development and implementation of  board policies dealing with the use of electronic means for the holding of meetings of a board and meetings of a committee of a board, including a committee of the whole board, and require boards to comply with the policies and guidelines;  2002, c. 18, Sched. G, s. 2. procedures 4. establish procedures by which and the conditions under which books and other learning materials are selected and approved by the Minister;  R.S.O. 1990, c. E.2, s. 8 (1), par. 4. textbooks and other learning materials 5. purchase and distribute textbooks and other learning materials for use in schools;  R.S.O. 1990, c. E.2, s. 8 (1), par. 5. textbooks, reference books, etc. 6. select and approve for use in schools textbooks, library books, reference books and other learning materials;  R.S.O. 1990, c. E.2, s. 8 (1), par. 6. fee for evaluation of textbooks etc. 6.1 charge a fee for the evaluation of textbooks, library books, reference books or other learning materials for the purposes of selection and approval under paragraph 6; 2023, c. 11, Sched. 2, s. 2 (4). publication of book lists 7. cause to be published from time to time lists of textbooks, learning materials, reference books and library books, selected and approved by the Minister for use in elementary and secondary schools;  R.S.O. 1990, c. E.2, s. 8 (1), par. 7. daily register 8. prescribe the form of the register of attendance and the manner of its use in recording the daily attendance of pupils of schools, or approve the use of an alternate method of recording such daily attendance, and prescribe the form in which enrolment and attendance data shall be submitted to the Minister;  R.S.O. 1990, c. E.2, s. 8 (1), par. 8. application of Workplace Safety and Insurance Act, 1997 9. prescribe the conditions under which and the terms upon which pupils of boards shall be deemed to be workers for the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, deem pupils to be workers for those purposes and require a board to reimburse Ontario for payments made by Ontario under the insurance plan in respect of such a pupil;  1997, c. 16, s. 5. letter of permission 10. grant a letter of permission to a board authorizing the board to employ a person who is not a member of the Ontario College of Teachers to teach in an elementary or secondary school if the Minister is satisfied that no member is available, but a letter of permission shall be effective only for the period, not exceeding one year, that the Minister may specify;  1996, c. 12, s. 64 (2). letter of permission, early childhood educator position 10.1 grant a letter of permission to a board authorizing the board to appoint a person who is not an early childhood educator to a position designated by the board as requiring an early childhood educator if the Minister is satisfied that no early childhood educator is available, but a letter of permission shall be effective only for the period, not exceeding one year, that the Minister may specify;  2010, c. 10, s. 2 (2). letter of approval 11. grant a temporary letter of approval to a board authorizing the board to appoint or assign, for a period not exceeding one year, a teacher to teach a subject or hold a position where the teacher does not hold the certificate required for teaching the subject;  R.S.O. 1990, c. E.2, s. 8 (1), par. 11. withdraw letter 12. withdraw any letter of permission or temporary letter of approval granted under this Act;  R.S.O. 1990, c. E.2, s. 8 (1), par. 12. 13.  Repealed:  2009, c. 33, Sched. 13, s. 1 (1). accept equivalent qualification 14. accept in lieu of any requirement prescribed for a teacher, designated early childhood educator, head of a department, principal, director of education, supervisor or supervisory officer, or for a candidate for a certificate or for admission to a school, such experience, academic scholarship or professional training as the Minister considers equivalent thereto, and may require such evidence thereof as the Minister considers necessary;  R.S.O. 1990, c. E.2, s. 8 (1), par. 14; 2009, c. 33, Sched. 13, s. 1 (2); 2010, c. 10, s. 2 (3). medical examinations 15. require employees of school boards to submit to medical examinations;  R.S.O. 1990, c. E.2, s. 8 (1), par. 15. courses 16. provide or approve and review courses for teachers, designated early childhood educators, principals, supervisory officers, attendance counsellors and native counsellors and grant certificates in respect of the successful completion of such courses;  R.S.O. 1990, c. E.2, s. 8 (1), par. 16; 2010, c. 10, s. 2 (4). correspondence courses 17. provide for the development, distribution and supervision by the Ministry of correspondence courses;  R.S.O. 1990, c. E.2, s. 8 (1), par. 17. fees re correspondence courses 17.1 provide for fees in relation to anything referred to in paragraph 17;  1997, c. 31, s. 6 (3). scholarships, bursaries 18. provide for, and prescribe the conditions of, the granting of scholarships, bursaries and awards to pupils and the granting of bursaries to teachers and designated early childhood educators;  R.S.O. 1990, c. E.2, s. 8 (1), par. 18; 2010, c. 10, s. 2 (5). 19.  Repealed:  2009, c. 33, Sched. 13, s. 1 (3). provincial schools 20. in respect of schools for the deaf and the blind, determine the number of terms and the dates upon which each term begins and ends;  R.S.O. 1990, c. E.2, s. 8 (1), par. 20. apportion federal grants 21. apportion and pay all sums received for educational purposes from the Government of Canada or any source other than an appropriation by the Legislature, in accordance with the terms of the grant, if any, and otherwise in any manner the Minister considers proper;  R.S.O. 1990, c. E.2, s. 8 (1), par. 21. educational advancement programs, activities and projects and accountable advances 22. make payments out of funds appropriated therefor by the Legislature to a board, an individual, a voluntary association or a corporation without share capital having objects of a charitable or educational nature, (a) to assist or advance programs, activities or projects for students that involve a cultural and educational exchange with other provinces and countries, provincial or interprovincial travel, school twinning and related assistance, leadership training, or summer employment, and (b) to foster and promote educational advancement by means of programs, activities or projects that are provided for visiting educational officials, designed to further the professional development of teachers, designated early childhood educators and supervisory officers including exchange of such personnel, or considered by the Minister to be valuable in advancing a particular area of study, and, subject to the terms and conditions that are approved for such purpose by the Lieutenant Governor in Council, make an accountable advance to the recipient of a payment under this clause or to an individual, other than an individual employed under Part III of the Public Service of Ontario Act, 2006, who conducts or assists in conducting or participates in any such program, activity or project;  R.S.O. 1990, c. E.2, s. 8 (1), par. 22; 2006, c. 35, Sched. C, s. 28 (1); 2010, c. 10, s. 2 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 8 (1) of the Act is amended by adding the following paragraph: (See: 2023, c. 11, Sched. 2, s. 2 (5)) equivalent apprenticeship learning 22.1 establish policies and guidelines respecting equivalent apprenticeship learning and require boards to comply with them, and require boards to develop and offer equivalent apprenticeship learning to their pupils in accordance with the policies and guidelines; 2023, c. 11, Sched. 2, s. 2 (5). agreements concerning learning materials 23. enter into an agreement with any board, person or organization in respect of the development and production of learning materials, and pay all or part of the costs in connection therewith;  R.S.O. 1990, c. E.2, s. 8 (1), par. 23. copyright licence agreements 23.1 enter into a licence agreement to permit boards to copy, under the terms of the licence agreement, works protected by copyright, and to, (a) extend the rights under the licence agreement to boards, and (b) require boards to comply with the terms of the licence agreement;  1991, c. 10, s. 1 (1). educational research and grants for promotion of advancement of education 24. initiate educational research and make grants to a board, an individual, a voluntary association or a corporation for educational research programs, activities or projects to promote the advancement of education;  R.S.O. 1990, c. E.2, s. 8 (1), par. 24. discretion to establish French-language programs for English-speaking pupils 25. permit a board to establish for English-speaking pupils programs involving varying degrees of the use of the French language in instruction, provided that programs in which English is the language of instruction are made available to pupils whose parents desire such programs for their children and impose terms and conditions on the permission;  R.S.O. 1990, c. E.2, s. 8 (1), par. 25; 2011, c. 1, Sched. 3, s. 1 (2). discretion to establish French-language programs for English-speaking pupils 25.1 permit a board to establish for English-speaking pupils extended day programs involving varying degrees of the use of the French language, provided that extended day programs in which English is used are made available to pupils whose parents desire such programs for their children and impose terms and conditions on the permission;  2010, c. 10, s. 2 (7); 2011, c. 1, Sched. 3, s. 1 (3). guidelines respecting school closings 26. in respect of schools under the jurisdiction of a board, issue guidelines respecting the closing of schools and require that boards develop policies therefrom with respect to procedures to be followed prior to the closing of a school by decision of the board;  R.S.O. 1990, c. E.2, s. 8 (1), par. 26. 26.1, 26.2 Repealed:  2009, c. 25, s. 3 (1). guidelines respecting pupil records 27. issue guidelines respecting pupil records and require boards to comply with the guidelines;  R.S.O. 1990, c. E.2, s. 8 (1), par. 27; 1991, c. 10, s. 1 (2). board reports 27.1 require a board, (a) to prepare any report that the Minister may require, (b) to submit, in the form directed by the Minister, a copy of the report to the Ministry and to such other persons as the Minister may direct, (c) to attach a copy of the report to the financial statements of the board referred to in section 252, and (d) to make the report available to the public in any manner that the Minister considers appropriate; 1997, c. 31, s. 6 (4); 2023, c. 11, Sched. 2, s. 2 (6). same 27.2 issue guidelines respecting the form and content of a report referred to in paragraph 27.1;  1997, c. 31, s. 6 (4). board communication with parents and guardians 27.3 establish, and require boards to comply with, policies and guidelines governing boards’ communications with parents and guardians, including policies and guidelines, (a) specifying informational materials that boards shall provide to parents and guardians, including materials setting out parents’ and guardians’ rights and responsibilities under this Act in relation to matters such as special education, or requiring boards to develop such materials, (b) respecting the form and content of the materials and the frequency and manner in which they shall be provided to parents and guardians or made publicly available, and (c) requiring boards to develop and comply with a protocol setting out standards for responding to parent and guardian inquiries, specifying the content that the protocol must include or address and requiring boards to make the protocol publicly available; 2023, c. 11, Sched. 2, s. 2 (7). professional activity days 28. establish policies and guidelines respecting criteria and topics for the professional activity days that are required by regulation and require boards to comply with the policies and guidelines;  2009, c. 25, s. 3 (2). 29.  Repealed:  1995, c. 4, s. 2 (1). equity and inclusive education 29.1 require boards to develop and implement an equity and inclusive education policy, and, if required by the Minister, submit the policy to the Minister and implement changes to the policy as directed by the Minister;  2012, c. 5, s. 2 (1). drug education 29.2 establish a drug education policy framework and require boards to develop and implement a policy on drug education in accordance with the framework;  1992, c. 16, s. 2. nutritional guidelines 29.3 establish policies and guidelines with respect to nutritional standards for food and beverages and for any ingredient contained in food and beverages provided on school premises or in connection with a school-related activity;  2008, c. 2, s. 1. same 29.4 require boards to comply with the policies and guidelines established under paragraph 29.3;  2008, c. 2, s. 1. service animals 29.5 establish policies and guidelines respecting service animals in schools, and require boards to, (a) comply with the policies and guidelines, and (b) develop policies
in accordance with those policies and guidelines; 2019, c. 3, Sched. 2, s. 1. student mental health 29.6 establish policies and guidelines respecting student mental health, including respecting the use of learning materials relating to student mental health, and require boards to comply with the policies and guidelines; 2023, c. 11, Sched. 2, s. 2 (8). duties of auditors 30. prescribe the duties to be performed by auditors appointed under section 253;  1997, c. 31, s. 6 (5). surveys under s. 169.1 (2.1) 31. establish policies and guidelines respecting the surveys referred to in subsection 169.1 (2.1);  2012, c. 5, s. 2 (2). 32.  Repealed:  1997, c. 31, s. 6 (5). approval of agreements 33. approve the entering into of an agreement by boards under subsection 182 (1);  R.S.O. 1990, c. E.2, s. 8 (1), par. 33. 34.  Repealed:  1997, c. 31, s. 6 (5). education costs outside Ontario 35. make payments towards the cost of elementary or secondary education that a person receives outside Ontario, if the person is outside Ontario for the purpose of receiving insured services within the meaning of the Health Insurance Act and the cost of the insured services is paid for in whole or in part by the Ontario Health Insurance Plan.  1993, c. 11, s. 10. Records of training (2) If board members, directors of education, supervisory officers or superintendents are required by a policy or guideline issued under paragraph 3.4.1 of subsection (1) to complete training, the board shall keep records relating to the completion of the training for at least four years. 2023, c. 11, Sched. 2, s. 2 (9). Identification programs and special education programs and services (3) The Minister shall ensure that all exceptional children in Ontario have available to them, in accordance with this Act and the regulations, appropriate special education programs and special education services without payment of fees by parents or guardians resident in Ontario, and shall provide for the parents or guardians to appeal the appropriateness of the special education placement, and for these purposes the Minister shall, (a) require school boards to implement procedures for early and ongoing identification of the learning abilities and needs of pupils, and shall prescribe standards in accordance with which such procedures be implemented; and (b) in respect of special education programs and services, define exceptionalities of pupils, and prescribe classes, groups or categories of exceptional pupils, and require boards to employ such definitions or use such prescriptions as established under this clause.  R.S.O. 1990, c. E.2, s. 8 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 8 (3) of the Act is re-enacted. (See: 2023, c. 11, Sched. 2, s. 2 (10)) Application (4) An act of the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  R.S.O. 1990, c. E.2, s. 8 (4); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1991, c. 10, s. 1 (1) - 27/06/1991; 1991, c. 10, s. 1 (2) - 01/01/1991; 1992, c. 16, s. 2 - 27/07/1992; 1993, c. 11, s. 10 - 29/07/1993; 1995, c. 4, s. 2 (1) - 14/12/1995; 1996, c. 11, s. 29 (1) - 05/07/1996; 1996, c. 12, s. 64 (2) - 20/05/1997; 1997, c. 16, s. 5 - 01/01/1998; 1997, c. 31, s. 6 (1-6) - 01/01/1998. 2000, c. 11, s. 2 (1)
- no effect; 2000, c. 11, s. 2 (2)
- 01/07/2001 2002, c. 18, Sched. G, s. 2 - 26/11/2002 2005, c. 21, s. 1
- 01/09/2005 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007; 2006, c. 28, s. 2 (1-3)
- no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2016; 2006, c. 35, Sched. C, s. 28 (1) - 20/08/2007 2008, c. 2, s. 1
- 01/09/2008 2009, c. 25, s. 3 (1, 2)
- 15/12/2009; 2009, c. 33, Sched. 13, s. 1 (1-3) - 15/12/2009 2010, c. 10, s. 2 (1-7)
- 03/06/2010 2011, c. 1, Sched. 3, s. 1 (2, 3) - 30/03/2011 2012, c. 5, s. 2 (1, 2)
- 01/09/2012 2019, c. 3, Sched. 2, s. 1 - 03/04/2019 2023, c. 11, Sched. 2, s. 2 (1-4, 6-9) - 08/06/2023; 2023, c. 11, Sched. 2, s. 2 (5, 10) - not in force