Collective Bargaining Rights Affirmed: Putting Students First Act is Ruled Unconstitutional
On April 20, 2016, the Ontario Superior Court of Justice declared the Putting Students First Act, 2012 (the “PSFA”) unconstitutional. In OPSEU v. Ontario,[1] the Court held that the Ontario government infringed upon the right to freedom of association guaranteed...
“Official Mark” Protection for School Boards
School boards in Ontario are facing new pressures as a result of declining enrolment and decreases in funding, competition for students from private speciality schools and scrutiny by much more informed and sophisticated local communities. In response to these pressures,...
What Should we do for the Ontario Not-for-Profit Corporations Act?
Charities incorporated under Ontario law have been waiting on the Not-for-Profit Corporations Act (“ONCA”) to come into force. The ONCA was passed by the Ontario Legislature in 2010, but comes into force on a day to be named. Recently, the...
Mandatory Requirements for Receiving Charitable Donation Tax Credit
As registered charities, school boards and school foundations are able to issue tax receipts for donations received, but in doing so must strictly adhere to Canada Revenue Agency requirements, in order to avoid risking revocation of their charitable status. In...
Education Foundations – Directors’ Personal Liability
School boards and private schools often choose to establish a separate corporation for the purposes of fundraising, and register the corporation as a charity. Foundations can generate many benefits for a school or school board and the community they serve,...
Inaugural “Schools of School Board Foundations” edition
Welcome to the inaugural “Schools of School Board Foundations” edition of Miller Thomson’s Education Law newsletter, which we hope will be a helpful resource for charitable foundations supporting schools and school boards. Readers may also be interested in our upcoming...
Police Record Checks Reform Act, 2015: Potential Impact on School Boards
On December 1, 2015, the Ontario government passed Bill 113 the Police Record Checks Reform Act, 2015 (the “Act”), which will come into force on a date to be determined in the near future. The Act will apply to persons who...
TDSB Advisory Panel Report Highlights Structural Governance Issues for School Boards
Last March, the Minister of Education appointed the Toronto District School Board Governance Advisory Panel (“Advisory Panel”), to consult and make recommendations with respect to structural and procedural changes to the Toronto District School Board. The Advisory Panel was constituted...
Covert Surveillance Admissible Despite Procedural Errors Following Policy
In a recent grievance arbitration decision between the Ottawa-Carlton District School Board (the “Board”) and the Ontario Secondary School Teachers’ Federation District 25 Plant Support Staff (“OSSTF”), a preliminary issue regarding the admissibility of covert surveillance records was adjudicated by...
Oversight of the Education Sector by the Ombudsman’s Office
We reported in December 2014 that new powers were coming to the Ombudsman that would permit the Office of the Ombudsman to investigate and make recommendations regarding complaints with respect to school boards. This new authority began on September 1,...
