Education Act

Purpose

0.1 (1) A strong public education system is the foundation of a prosperous, caring and civil society. 2009, c. 25, s. 1. Purpose of education (2) The purpose of education is to provide students with the opportunity to realize their potential and develop into highly skilled, knowledgeable, caring citizens who contribute to their society. 2009, c. 25, s. 1. Partners in education sector (3) All partners in the education sector, including the Minister, the Ministry and the boards, have a role to play in enhancing student achievement and well-being, closing gaps in student achievement and maintaining confidence in the province’s publicly funded education systems. 2009, c. 25, s. 1. Section Amendments with date in force (d/m/y) 2009, c. 25, s. 1 - 15/12/2009

Interpretation and Other General Matters

1 (1) In this Act and the regulations, except where otherwise provided in the Act or regulations, “band” and “council of the band” have the same meaning as in the Indian Act (Canada); (“bande”, “conseil de bande”) “board” means a district school board or a school authority; (“conseil”, “conseil scolaire”) “bullying” means aggressive and typically repeated behaviour by a pupil where, (a) the behaviour is intended by the pupil to have the effect of, or the pupil ought to know that the behaviour would be likely to have the effect of, (i) causing harm, fear or distress to another individual, including physical, psychological, social or academic harm, harm to the individual’s reputation or harm to the individual’s property, or (ii) creating a negative environment at a school for another individual, and (b) the behaviour occurs in a context where there is a real or perceived power imbalance be…

PART I MINISTRY OF EDUCATION and training

2 (1) The ministry of the public service known in English as the Ministry of Education and Training and in French as ministère de l’Éducation et de la Formation is continued. 1997, c. 31, s. 3. Minister to have charge (2) The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. E.2, s. 2 (2). Administration (3) The Minister is responsible for the administration of this Act and the regulations and of such other Acts and the regulations thereunder as may be assigned to the Minister by the Lieutenant Governor in Council. R.S.O. 1990, c. E.2, s. 2 (3). Delegation of powers and duties (4) The Minister may in writing authorize the Deputy Minister or any other officer or employee in the Ministry to exercise any power or perform any duty that is granted to or vested in the Minister under this or any other Act. R.S.O. 1990, c. E.2, s. 2 (4). Limitations (5) The Minister ma…

3 The Minister shall, after the close of each fiscal year, submit to the Lieutenant Governor in Council a report upon the affairs of the Ministry for the immediately preceding fiscal year and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. E.2, s. 3.

4 The Minister may, in respect of a school, require to be included in the enrolment on any date the number of pupils who were absent from school because of any condition considered by the Minister to constitute a special circumstance or an emergency. R.S.O. 1990, c. E.2, s. 4.

5 (1) Subject to the approval of the Lieutenant Governor in Council, the Minister may order the closing of a school or any class thereof for a specified period. R.S.O. 1990, c. E.2, s. 5 (1). Pupils deemed in attendance (2) Where a school or class is closed for a specified period under subsection (1), the pupils in such school or class shall for all purposes, including the calculation of legislative grants and fees, be deemed to be in attendance. R.S.O. 1990, c. E.2, s. 5 (2); 1997, c. 31, s. 4. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 4 - 01/01/1998

6 Repealed: 1997, c. 31, s. 5. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 5 - 01/01/1998

7 Repealed: 1997, c. 31, s. 5. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 5 - 01/01/1998

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 b…

8.1 (1) The Minister may collect personal information, directly or indirectly, for purposes related to the following matters, and may use it for those purposes: 1. Administering this Act and the regulations, and implementing the policies and guidelines made under this Act. 2. Ensuring compliance with this Act, the regulations, and the policies and guidelines made under this Act. 3. Planning or delivering programs or services that the Ministry provides or funds, in whole or in part, allocating resources to any of them, evaluating or monitoring any of them or detecting, monitoring and preventing fraud or any unauthorized receipt of services or benefits related to any of them. 3.1 Planning or delivering extended day programs, allocating resources to them, evaluating or monitoring them or detecting, monitoring and preventing fraud or any unauthorized receipt of services or benefits related t…

9 The Minister may require a person or organization that has received financial assistance under this Act or the regulations to submit to the Minister a statement prepared by a person licensed under the Public Accounting Act, 2004 that sets out the details of the disposition of the financial assistance by the person or organization. R.S.O. 1990, c. E.2, s. 9; 2004, c. 8, s. 46. Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table - 01/11/2005

10 The Minister may, advisory body (a) appoint such advisory or consultative bodies as may be considered necessary by the Minister from time to time; commission of inquiry (b) appoint as a commission one or more persons, as the Minister considers expedient, to inquire into and report upon any school matter, and section 33 of the Public Inquiries Act, 2009 applies to that commission; secure legal opinion (c) submit a case on any question arising under this Act to the Divisional Court for opinion and decision. R.S.O. 1990, c. E.2, s. 10; 2009, c. 33, Sched. 6, s. 53 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 53 (1) - 01/06/2011

10.1 (1) The Minister may require boards to prepare reports on the new teacher induction program required under Part X.0.1 and may issue guidelines respecting the form and content of the reports and the time periods within which or frequency with which they shall be submitted. 2006, c. 10, s. 2. Minister’s response (2) If, in the opinion of the Minister, a report submitted under subsection (1) indicates that the board’s new teacher induction program does not conform to the requirements of this Act or to any guidelines the Minister has issued respecting new teacher induction programs, he or she shall inform the board of that fact and may direct the board to further develop its program and resubmit the report within a time frame specified by him or her. 2006, c. 10, s. 2. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 1 - 15/03/2002 2006, c. 10, s. 2 - 12/06/2006

11 (1) The Lieutenant Governor in Council may make regulations in respect of schools or classes established under this Act, or any predecessor of this Act, and with respect to all other schools supported in whole or in part by public money, General 1. for the establishment, organization, administration and government thereof; R.S.O. 1990, c. E.2, s. 11 (1), par. 1. admit pupils 2. governing the admission of pupils; R.S.O. 1990, c. E.2, s. 11 (1), par. 2. pupil records 3. prescribing the manner in which records in respect of pupils of elementary and secondary schools shall be established and maintained, including the forms to be used therefor and the type of information that shall be kept and recorded, and providing for the retention, transfer and disposal of such records; R.S.O. 1990, c. E.2, s. 11 (1), par. 3. disposition of present pupil records 4. providing for the disposition of reco…

11.1 (1) The Lieutenant Governor in Council may make regulations prescribing, respecting and governing the duties of boards, so as to further and promote the provincial interest in education. 2006, c. 10, s. 4. (2) - (5): Repealed: 2025, c. 12, Sched. 2, s. 3. Same (6) A regulation made under subsection (1) may require a board to, (a) adopt and implement measures specified in the regulation to ensure that the board’s funds and other resources are applied, (i) effectively, and (ii) in compliance with this Act, the regulations and the policies and guidelines made under this Act; (b) adopt and implement measures specified in the regulation to ensure that the board achieves student outcomes specified in the regulation; (c) adopt and implement measures specified in the regulation to encourage involvement by parents of pupils of the board in education matters specified in the regulation; (d) a…

11.2 (1) The Lieutenant Governor in Council may make regulations prescribing provincial priorities in education in the area of student achievement. 2023, c. 11, Sched. 2, s. 5. Review (2) The Minister shall review a regulation made under subsection (1) at least every three years for the purpose of determining whether any amendments are advisable. 2023, c. 11, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2023, c. 11, Sched. 2, s. 5 - 28/07/2023 Agreements with Canada

12 (1) The Crown in right of Ontario, represented by the Minister, with the approval of the Lieutenant Governor in Council, may make agreements with the Crown in right of Canada, represented by the Minister of National Health and Welfare of Canada respecting physical fitness, and the Minister may authorize a board to provide training in physical fitness. R.S.O. 1990, c. E.2, s. 12 (1). Pupils at Indian schools (2) The Crown in right of Ontario, represented by the Minister, may make agreements with the Crown in right of Canada, represented by the Minister charged with the administration of the Indian Act (Canada), for the admission of pupils, other than Indians, to schools for Indians operated under that Act. R.S.O. 1990, c. E.2, s. 12 (2). Non-Indian pupils at Indian schools (3) The Crown in right of Ontario, represented by the Minister, may enter into an agreement with a band, the counc…

13 (1) The Ontario School for the Deaf for the education and instruction of the deaf and partially deaf is continued under the name Ontario School for the Deaf in English and École provinciale pour sourds in French. R.S.O. 1990, c. E.2, s. 13 (1). Continuation of school for blind (2) The Ontario School for the Blind for the education and instruction of the blind and partially blind is continued under the name Ontario School for the Blind in English and École provinciale pour aveugles in French. R.S.O. 1990, c. E.2, s. 13 (2). Administration (3) Both schools are under the administration of the Minister. R.S.O. 1990, c. E.2, s. 13 (3). Continuation of Centre Jules-Léger portions of schools for deaf and blind (3.1) The portion of the Ontario School for the Deaf and the portion of the Ontario School for the Blind that at the time this subsection comes into force are known as Centre Jules-Lég…

13.1 (1) A corporation without share capital is established under the name Centre Jules-Léger Consortium in English and Consortium Centre Jules-Léger in French. 2017, c. 34, Sched. 12, s. 2 (1). Constitution and procedure (2) Part I of Schedule 1, respecting the constitution and procedure of the Consortium, has effect. 2017, c. 34, Sched. 12, s. 2 (1). Deemed district school board (3) The Consortium is deemed to be a district school board for the purposes of this Act and the regulations, except for the purposes of, (a) the provisions of this Act listed in Part II of Schedule 1; and (b) the provisions of this Act or of the regulations that are prescribed by the regulations. 2017, c. 34, Sched. 12, s. 2 (1). Same (4) The Consortium is also deemed to be a district school board for the purposes of the following Acts: 1. The Education Quality and Accountability Office Act, 1996. 2. The Munici…

13.2 (1) The Minister may appoint inspectors for the purposes of this section and section 13.3. 2017, c. 34, Sched. 12, s. 2 (1). Certificate of appointment (2) The Minister shall issue to every inspector a certificate of appointment. 2017, c. 34, Sched. 12, s. 2 (1). Purpose of inspection (3) An inspector may conduct inspections for the purpose of determining whether the regulations governing meals and lodging are being complied with. 2017, c. 34, Sched. 12, s. 2 (1). Inspections without warrant (4) An inspector may, without a warrant, enter and inspect the lodgings of schools established or continued under section 13. 2017, c. 34, Sched. 12, s. 2 (1). Time of entry (5) The power to enter and inspect a lodging without a warrant may be exercised only during daylight hours. 2017, c. 34, Sched. 12, s. 2 (1). Bedrooms and private areas (6) The power to enter and inspect a lodging must not b…

13.3 (1) An inspector may, without notice, apply to a justice for a warrant under this section. 2017, c. 34, Sched. 12, s. 2 (1). Issuance of warrant (2) A justice may issue a warrant authorizing an inspector named in the warrant to enter a lodging specified in the warrant, and to exercise any of the powers mentioned in subsection 13.2 (9), if the justice is satisfied on information under oath or affirmation that, (a) the inspector has been prevented from exercising a right of entry to the lodging under subsection 13.2 (4) or a power under subsection 13.2 (9); or (b) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the lodging under subsection 13.2 (4) or a power under subsection 13.2 (9). 2017, c. 34, Sched. 12, s. 2 (1). Bedrooms and private areas (3) The power to enter a lodging with a warrant must not be exercised to ent…

14 (1)-(3) Repealed: 2009, c. 33, Sched. 13, s. 1 (9). Practice teaching (3.1) Where the Ontario College of Teachers has accredited a teacher education program, the Minister may require that a board shall permit its schools to be used for observation and practice teaching purposes and shall provide for the services of any of its teachers under such terms and conditions as may be agreed on between the board and the institution conducting the program and failing agreement in accordance with the schedule of payments to boards, principals and teachers referred to in subsection (2). 1996, c. 12, s. 64 (7); 1997, c. 31, s. 8 (3). (4) Repealed: 2009, c. 33, Sched. 13, s. 1 (9). Section Amendments with date in force (d/m/y) 1996, c. 12, s. 64 (7) - 20/05/1997; 1997, c. 31, s. 8 (1-3) - 01/01/1998 2009, c. 33, Sched. 13, s. 1 (9) - 15/12/2009

15 The Minister may establish, maintain and conduct camps for leadership training. R.S.O. 1990, c. E.2, s. 15.

16 (1) No private school shall be operated in Ontario unless notice of intention to operate the private school has been submitted in accordance with this section. R.S.O. 1990, c. E.2, s. 16 (1). Idem (2) Every private school shall submit annually to the Ministry on or before the 1st day of September a notice of intention to operate a private school. R.S.O. 1990, c. E.2, s. 16 (2). Idem (3) A notice of intention to operate a private school shall be in such form and shall include such particulars as the Minister may require. R.S.O. 1990, c. E.2, s. 16 (3). Offence to operate private school without filing notice of intent to operate (4) Every person concerned in the management of a private school that is operated in contravention of subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $50 for every day such school is so operated. R.S.O. 1990, c. E.2,…

17 (1) Where the educational object of a gift or bequest accepted by the Minister of Finance under section 6 of the Financial Administration Act is the establishment of a scholarship or an award that is available to one or more students in an elementary or a secondary school or a teacher training institution and, (a) the selection of the recipient of the scholarship or award is based upon an examination which is no longer given; (b) the school or teachers’ college at which attendance is required for eligibility is no longer operated; (c) reference to a county or a board in the terms and conditions of the gift or bequest is no longer appropriate because the county or board no longer exists; or (d) the course or program of instruction specified in the terms and conditions is no longer available, or is no longer available at the school or teachers’ college,

the Lieutenant Governor in Council on the recommendation of the Minister of Education and Training may, from time to time, vary the terms and conditions of the gift or bequest in respect of the qualifications for eligibility for the scholarship or award so as to ensure that such scholarship or award will be granted or given under such terms and conditions as in the opinion of the Minister most nearly approximate those of the original gift or bequest, and the Minister may delegate his or her powers under the original terms and conditions of such gift or bequest to a representative of the board, or the educational institution, granting the scholarship or making the award, pursuant to any variation in the terms and conditions of the gift or bequest made under this section. R.S.O. 1990, c. E.2, s. 17 (1); 1997, c. 31, s. 9 (1, 2); 2000, c. 5, s. 11 (1). Where award is repayable loan (2) In t…

17.1 The Lieutenant Governor in Council may make regulations respecting parent involvement committees, including regulations requiring boards to establish parent involvement committees and regulations relating to their establishment, composition and functions. 2009, c. 25, s. 4. Section Amendments with date in force (d/m/y) 1993, c. 41, s. 2 - 14/12/1993 2000, c. 26, Sched. C, s. 1 - 06/12/2000 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2009, c. 25, s. 4 - 15/12/2009 Crown 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. 2026, c. 4, Sched. 2, s. 5. 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). 2026, c. 4, Sched. 2, s. 5. No liability for acts or omissions of others (3) No cause of action arises against the Crown or any person …

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). 2026, c. 4, Sched. 2, s. 5. 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 a…

PART II SCHOOL ATTENDANCE

18 In sections 21, 24, 26, 28, 30, 185 and 188, “guardian”, in addition to having the meaning ascribed in section 1, includes anyone who has received into his or her home a person, other than his or her own child, of compulsory school age and that person resides with him or her or is in his or her care. 2006, c. 28, s. 4; 2018, c. 8, Sched. 9, s. 1. Section Amendments with date in force (d/m/y) 2006, c. 28, s. 4 - 20/12/2006 2018, c. 8, Sched. 9, s. 1 - 01/09/2019

19 (1) A board may close or authorize the closing of a school or class for a temporary period where such closing appears unavoidable because of, (a) failure of transportation arrangements; or (b) inclement weather, fire, flood, the breakdown of the school heating plant, the failure of an essential utility or a similar emergency. R.S.O. 1990, c. E.2, s. 19. Same (2) In case of strike by members of a teachers’ bargaining unit or a lockout of those members, the board may close one or more schools if it is of the opinion that, (a) the safety of pupils may be endangered during the strike or lockout; (b) the school building or the equipment or supplies in the building may not be adequately protected during the strike or lockout; or (c) the strike or lockout will substantially interfere with the operation of the school. 1997, c. 31, s. 10. Teachers’ salary (3) A teacher is not entitled to be pa…

20 Where the head of the council of a municipality in which a school is situate proclaims a school day as a civic holiday for the municipality, the board may, by resolution, close any of the schools under its jurisdiction on such day. R.S.O. 1990, c. E.2, s. 20.

21 (1) Unless excused under this section, (a) every person who attains the age of six years on or before the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in that year until the person attains the age of 18 years; and (b) every person who attains the age of six years after the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in the next succeeding year until the last school day in June in the year in which the person attains the age of 18 years. 2006, c. 28, s. 5 (1). Participation in equivalent learning (1.1) A person shall be considered to be attending school when he or she is participating in equivalent learning if the equivalent learning program, course of study or other activity and th…

21.1 (1) In this section, “changeover date” means the day subsection 5 (1) of the Education Amendment Act (Learning to Age 18), 2006 comes into force. 2006, c. 28, s. 6. Same (2) Subsection 21 (1), as it reads on the day before the changeover date, continues to apply on the changeover date with respect to a person who, before that day, turns 16 and, (a) stops attending school; or (b) if that day falls outside the school year, does not attend school at the commencement of the subsequent school year. 2006, c. 28, s. 6. Same (3) Despite subsection (2), if at any time after the changeover date a person described in subsection (2) begins attending school again, subsection 21 (1), as it reads on the changeover date, subsequently applies with respect to that person. 2006, c. 28, s. 6. Same (4) For greater certainty, subsection 21 (1), as it reads on the changeover date, applies on and after tha…

22 Where a school year approved by the Minister does not commence on the day following Labour Day, references to the first school day in September and the last school day in June in section 21 shall be read as the first school day in the school year and the last school day in the school year respectively for the purpose of compulsory attendance of pupils of the school or schools or parts thereof to which the school year applies. R.S.O. 1990, c. E.2, s. 22.

23 Repealed: 2000, c. 12, s. 1. Section Amendments with date in force (d/m/y) 2000, c. 12, s. 1 (1-10) - 01/09/2001

24 (1) The Lieutenant Governor in Council may appoint an officer, to be the Provincial School Attendance Counsellor, who shall, under the direction of the Minister, superintend and direct the enforcement of compulsory school attendance. R.S.O. 1990, c. E.2, s. 24 (1). Inquiry by Provincial Counsellor (2) Where the parent or guardian of a child considers that the child is excused from attendance at school under subsection 21 (2), and the appropriate school attendance counsellor or the Provincial School Attendance Counsellor is of the opinion that the child should not be excused from attendance, the Provincial School Attendance Counsellor shall direct that an inquiry be made as to the validity of the reason or excuse for non-attendance and the other relevant circumstances, and for such purpose shall appoint one or more persons who are not employees of the board that operates the school tha…

25 (1) Every board shall appoint one or more school attendance counsellors. R.S.O. 1990, c. E.2, s. 25 (1). Idem (2) Two or more boards may appoint the same school attendance counsellor or counsellors. R.S.O. 1990, c. E.2, s. 25 (2). Vacancies (3) Where the office of a school attendance counsellor becomes vacant, it shall be filled forthwith by the board. R.S.O. 1990, c. E.2, s. 25 (3). Notice of appointment (4) Notice of the appointment of a school attendance counsellor shall be given in writing by the board to the Provincial School Attendance Counsellor and to the supervisory officers concerned. R.S.O. 1990, c. E.2, s. 25 (4). Jurisdiction and responsibility of school attendance counsellor (5) A school attendance counsellor appointed by a board has jurisdiction and is responsible for the enforcement of compulsory school attendance in respect of every child who is required to attend sch…

26 (1) Where a school attendance counsellor has reasonable and probable grounds for believing that a child is illegally absent from school, he or she may, at the written request of the parent or guardian of the child or of the principal of the school that the child is required to attend, take the child to the child’s parent or guardian or to the school from which the child is absent provided that, if exception is taken to the school attendance counsellor entering a dwelling place, he or she shall not enter therein. R.S.O. 1990, c. E.2, s. 26 (1); 2021, c. 4, Sched. 11, s. 7 (1). Reports (2) A school attendance counsellor shall report to the board that appointed him or her as required by the board. R.S.O. 1990, c. E.2, s. 26 (2). To act under appropriate supervisory officer and provincial counsellor (3) A school attendance counsellor is responsible to the appropriate supervisory officer, …

27 A board may make or obtain a complete census of all persons in the area in which the board has jurisdiction who have not attained the age of twenty-one years. R.S.O. 1990, c. E.2, s. 27.

28 (1) The principal of every elementary and secondary school shall, (a) report to the appropriate school attendance counsellor and supervisory officer the names, ages and residences of all pupils of compulsory school age who have not attended school as required; (b) furnish the school attendance counsellor with such other information as the counsellor requires for the enforcement of compulsory school attendance; and (c) report in writing to the school attendance counsellor every case of expulsion and readmission of a pupil. R.S.O. 1990, c. E.2, s. 28 (1). Where no school attendance counsellor (2) Where a child of compulsory school age has not attended school as required and there is no school attendance counsellor having jurisdiction in respect of the child, the appropriate supervisory officer shall notify the parent or guardian of the child of the requirements of section 21. R.S.O. 199…

29 Where it appears to the Minister that the board of a district school area is not providing accommodation or instruction for its resident pupils either in schools operated by the board or under an agreement with another board in schools operated by such other board, or has in other respects failed to comply with this Act and the regulations, or that the election of members of the board has been neglected and no regular board is in existence, the Minister may authorize and direct the Provincial School Attendance Counsellor to do all things and exercise all powers that may be necessary for the provision and maintenance of accommodation and instruction for the resident pupils of the board including the erection of school buildings and the conduct of schools, and generally whatever may be required for the purpose of establishing, maintaining and conducting schools in accordance with this A…

30 (1) A parent or guardian of a person required to attend school under section 21 who neglects or refuses to cause that person to attend school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to a fine of not more than $200. 2006, c. 28, s. 7 (1); 2021, c. 4, Sched. 11, s. 7 (1). Bond for attendance (2) The court may, in addition to or instead of imposing a fine, require a parent or guardian convicted of an offence under subsection (1) to submit to the Minister of Finance a personal bond, in a form prescribed by the court, in the penal sum of $200 with one or more sureties as required, conditioned that the parent or guardian shall cause the person to attend school as required under section 21 and, upon breach of the condition, the bond is forfeit to the Crown. 2006, c. 28, s. 7 (1); 2021, c. 4, Sched. 11, s. 7 (1). Employment during schoo…

31 (1) Prosecutions under section 30 shall be instituted by the school attendance counsellor concerned. R.S.O. 1990, c. E.2, s. 31 (1). Certificate of principal as evidence (2) In prosecutions under section 30, a certificate as to the attendance or non-attendance at school of any child, signed or purporting to be signed by the principal of the school, is proof in the absence of evidence to the contrary of the facts stated therein without any proof of the signature or appointment of the principal. R.S.O. 1990, c. E.2, s. 31 (2); 1993, c. 27, Sched. Proof of age (3) Where a person is charged under section 30 in respect of a child who is alleged to be of compulsory school age and the child appears to the court to be of compulsory school age, the child shall, for the purposes of such prosecution, be deemed to be of compulsory school age unless the contrary is proved. R.S.O. 1990, c. E.2, s. …

32 (1) A person has the right, without payment of a fee, to attend a school in a school section, separate school zone or secondary school district, as the case may be, in which the person is qualified to be a resident pupil. 1997, c. 31, s. 13. Admission without fee (2) Despite the other provisions of this Part, but subject to subsection 49 (6), where it appears to a board that a person who resides in the area of jurisdiction of the board is denied the right to attend school without the payment of a fee, the board, at its discretion, may admit the person from year to year without the payment of a fee. 1997, c. 31, s. 13. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 13 - 01/01/1998 Resident pupil qualification, elementary

33 (1) Subject to sections 44 and 46, a person who attains the age of six years in any year is, after September 1 in that year, qualified to be a resident pupil in respect of a school section of an English-language public district school board or of a public school authority until the last school day in June in the year in which the person attains the age of 21 years if, (a) the person resides in the school section; and (b) the person’s parent or guardian who is not a separate school supporter or a French-language district school board supporter resides in the school section. 1997, c. 31, s. 14; 2021, c. 4, Sched. 11, s. 7 (1). Resident pupil qualification: elementary French-language public district school boards (2) Subject to sections 44 and 46, a person who attains the age of six years in any year is, after September 1 in that year, qualified to be a resident pupil in respect of a sch…

34 (1) If a board operates a kindergarten in a school, a child who is otherwise qualified may become a resident pupil at an age one year lower than that referred to in section 33. 1997, c. 31, s. 15. Junior kindergarten (2) If a board operates a junior kindergarten in a school, a child who is otherwise qualified may become a resident pupil at an age two years lower than that referred to in section 33. 1997, c. 31, s. 15. Beginners class (3) A board may provide a class or classes for children to enter school for the first time on or after the first school day in January and, where the board so provides, a child whose birthday is on or after January 1 and before July 1, who resides in an area determined by the board and who is eligible to be admitted to an elementary school or kindergarten, as the case may be, on the first school day in the following September, may become a resident pupil …

35 (1) Where a resident pupil who is an elementary school pupil of a school section or separate school zone resides, (a) more than 3.2 kilometres by the shortest distance by road from the school that the pupil is required to attend; (b) more than 0.8 kilometres by the shortest distance by road from any point from which transportation is provided to the school that the pupil is required to attend; and (c) nearer by the shortest distance by road to another school of the same type that is in another section or zone than to the school that the pupil is required to attend,

the pupil shall be admitted to the nearer school of the same type, where the appropriate supervisory officer for the nearer school certifies that there is sufficient accommodation for the pupil in that school. 1997, c. 31, s. 16. Same (2) Where the pupil is admitted to a nearer school, the board of the school section or separate school zone of which the pupil is a resident pupil shall pay in respect of the pupil the fee, if any, payable for the purpose under the regulations. 1997, c. 31, s. 16. Same (3) For the purposes of this section, the following are types of schools: 1. English-language public schools, which are schools governed by an English-language public district school board or a public school authority. 2. French-language public schools, which are schools governed by a French-language public district school board. 3. English-language Roman Catholic schools, which are schools g…

36 (1) A person is qualified to be a resident pupil in respect of a secondary school district of an English-language public district school board or of a public school authority if, (a) the person and the person’s parent or guardian who is not a separate school supporter or a French-language district school board supporter reside in the secondary school district; (a.1) subject to any regulations made under section 43.3, the person is 16 or 17 years of age, has withdrawn from parental control and resides in the secondary school district; (b) the person is an English-language public board supporter and resides in the secondary school district and is an owner or tenant of residential property in the secondary school district that is separately assessed; or (c) the person is not a supporter of any board, is at least 18 years of age and resides in the secondary school district. 1997, c. 31, s…

37 (1) Despite the provisions of this or any other Act, but subject to section 49.2, a person who resides in one secondary school district or separate school zone and who, except as to residence, is qualified to be a resident pupil at a secondary school in another secondary school district or in another separate school zone, as the case may be, shall be admitted, without the payment of a fee, to a secondary school of the same type that is in the other secondary school district or separate school zone operated by the board of the secondary school district or separate school zone, as the case may be, in which the person resides if, (a) the person has attained the age of 18 years and has been promoted or transferred to a secondary school; and (b) the appropriate supervisory officer certifies that there is adequate accommodation in the secondary school. 1997, c. 31, s. 18. Types of schools (…

38 Repealed: 2009, c. 25, s. 5. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 18 - 01/01/1998 2009, c. 25, s. 5 - 15/12/2009

39 (1) Subject to subsections (2) to (4), a person who is qualified to be a resident pupil at a secondary school in a secondary school district or a separate school zone has the right to attend any secondary school of the same type, (a) that is more accessible to the person than any secondary school in the secondary school district of which the person is qualified to be a resident pupil; or (b) for a purpose specified in subsection 49.2 (6). 1997, c. 31, s. 18. Types of schools (2) For the purposes of subsection (1), the types of schools are as set out in subsection 37 (2). 1997, c. 31, s. 18. Restrictions (3) Subsection (1) applies where the appropriate supervisory officer certifies that there is adequate accommodation for the person in the school. 1997, c. 31, s. 18. Where agreement between boards (4) Clause (1) (b) does not apply where the board of which the person is qualified to be …

40 (1) A person who is qualified to be a resident pupil at a secondary school in a secondary school district or separate school zone and who applies for admission to a secondary school of the same type situated in another secondary school district or separate school zone, as the case may be, shall furnish the principal of the school to which admission is sought with a statement signed by the person’s parent or guardian or by the pupil where the pupil is an adult, stating, (a) the name of the secondary school district or separate school zone in respect of which the person is qualified to be a resident pupil; (b) whether or not the pupil or the pupil’s parent or guardian is assessed in the secondary school district or separate school zone in which the school referred to in clause (a) is situated, and if so assessed the amount of the assessment; and (c) the authority, under this Act, under …

41 (1) Where a pupil has been promoted from elementary school, the pupil shall be admitted to secondary school. 1997, c. 31, s. 20. Same (2) A person who has not been promoted from elementary school shall be admitted to a secondary school if the principal of the secondary school is satisfied that the applicant is competent to undertake the work of the school. 1997, c. 31, s. 20. Where admission denied (3) Where an applicant for admission to a secondary school under subsection (2) is denied admission by the principal, the applicant may appeal to the board and the board may, after a hearing, direct that the applicant be admitted or refused admission to a secondary school. 1997, c. 31, s. 20. Committee to perform board functions (4) The board, by resolution, may direct that the powers and duties of the board under subsection (3) shall be exercised and performed by a committee of at least th…

42 (1) A person who is qualified to be a resident pupil of an English-language public board and to receive instruction in a secondary school grade is entitled to receive instruction provided in a secondary school operated by an English-language Roman Catholic board if the area of jurisdiction of the public board is in whole or in part the same as the area of jurisdiction of the Roman Catholic board. 1997, c. 31, s. 20. Secondary school instruction: movement from French-language public district school board to French-language separate district school board (2) A person who is qualified to be a resident pupil of a French-language public district school board and to receive instruction in a secondary school grade is entitled to receive instruction provided in a secondary school operated by a French-language separate district school board if the area of jurisdiction of the public district sc…

43 (1) A French-speaking person who is qualified to be a resident pupil of an English-language public board is entitled to receive instruction provided by a French-language public district school board if the area of jurisdiction of the English-language board is in whole or in part the same as the area of jurisdiction of the French-language board. 1997, c. 31, s. 21. Movement from French-language public district school board to English-language public board (2) A person who is qualified to be a resident pupil of a French-language public district school board is entitled to receive instruction provided by an English-language public board if the area of jurisdiction of the French-language board is in whole or in part the same as the area of jurisdiction of the English-language board. 1997, c. 31, s. 21. Movement from English-language Roman Catholic board to French-language separate distric…

43.1 (1) The Lieutenant Governor in Council may make regulations governing the rights of a person to attend a school operated by a board where the person does not reside in the area of jurisdiction of the board but the person or the person’s parent or guardian owns property assessed for school purposes in the board’s area of jurisdiction. 1997, c. 31, s. 21; 2021, c. 4, Sched. 11, s. 7 (1). General or particular (2) A regulation made under subsection (1) may be general or particular. 1997, c. 31, s. 21. Right to continue to attend in certain circumstances (3) A pupil who, on December 31, 1997, is enrolled in a school that he or she has a right to attend under clause 33 (1) (b), 33 (2) (b) or 40 (1) (b) of this Act, as it read on December 31, 1997 and who on January 1, 1998, because of the repeal of those clauses, no longer has the right to attend the school under any other provision of t…

43.2 (1) The Lieutenant Governor in Council may make regulations governing the rights of a person to attend a school operated by a board where, (a) the person and the person’s parent or guardian reside in the area of jurisdiction of the board; (b) the person and the person’s parent or guardian are not a supporter of any board the area of jurisdiction of which includes the residence of the person or of the person’s parent or guardian; and (c) the person or the person’s parent or guardian is the owner or tenant of business property in the area of jurisdiction of the board. 1997, c. 31, s. 21; 2021, c. 4, Sched. 11, s. 7 (1). General or particular (2) A regulation made under this section may be general or particular. 1997, c. 31, s. 21. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 21 - 01/01/1998 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021

43.3 (1) The Lieutenant Governor in Council may make regulations prescribing circumstances in which a person who would otherwise be qualified as a resident pupil under clauses 36 (1) (a.1), 36 (2) (a.1), 36 (3) (a.1) and 36 (4) (a.1) shall not be so qualified. 2006, c. 28, s. 10. General or particular (2) A regulation under this section may be general or particular. 2006, c. 28, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 28, s. 10 - 20/12/2006

44 Where a child who would otherwise have the right to attend school in a school section, separate school zone or secondary school district moves with his or her parent or guardian to a residence the assessment of which does not support that right, and the latest date on which the assessment of the residence may be changed has passed, on the filing of a notice of change of support for the following year with the appropriate assessment commissioner, the child shall be admitted, without the payment of a fee, to a school that will be supported by the taxes on the assessment of the residence on the effective date of the change of school support. 1997, c. 31, s. 22; 2021, c. 4, Sched. 11, s. 7 (1). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 22 - 01/01/1998 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021

45 (1) Subject to subsection (2), where, for any reason, one parent of a person is the sole support of the person, and that parent, (a) resides in a residence in Ontario that is not assessed for the purposes of any board; and (b) boards the person in a residence that is not a children’s residence as defined in Part IX (Residential Licensing) of the Child, Youth and Family Services Act, 2017,

the person shall, if otherwise qualified to be a resident pupil, be deemed to be qualified to be a resident pupil in respect of, (c) a school section, if the residence is situate in the school section and the taxes on its assessment are directed to the support of public schools; (d) a separate school zone, if the person is a Roman Catholic and the residence is situate in the separate school zone and the taxes on its assessment are directed to the support of separate schools; or (e) a secondary school district, if the residence is situate in the secondary school district and the taxes on its assessment are directed to the support of public schools. 1997, c. 31, s. 22; 2017, c. 14, Sched. 4, s. 13 (1); 2021, c. 4, Sched. 11, s. 7 (4). Exception: French-language rights (2) No person has the right under subsection (1) to attend a French-language instructional unit operated by a board unless …

46 (1) A person who resides in a school section, separate school zone or secondary school district in which the person’s parent or guardian resides, on land that is exempt from taxation for the purposes of any board, is not qualified to be a resident pupil of the school section, separate school zone or secondary school district, unless the person or his or her parent or guardian is assessed with respect to other property for the purposes of a board in the school section, separate school zone or secondary school district. 1997, c. 31, s. 22; 2021, c. 4, Sched. 11, s. 7 (1). Resident on land exempt from taxation (2) Subject to subsection (3), a person whose education is not otherwise provided for and who is otherwise qualified to attend an elementary or secondary school and who resides on land that is exempt from taxation for the purposes of any board shall be admitted to a school that is …

46.1 (1) In this section, “defence property” means the prescribed lands and premises of defence establishments belonging to Canada. 1997, c. 31, s. 22. Entitlement (2) Despite section 46, a person who resides with his or her parent or guardian on defence property in a prescribed municipality is entitled to attend an elementary school or a secondary school, as the case requires, in accordance with this section without payment of a fee. 1997, c. 31, s. 22; 2021, c. 4, Sched. 11, s. 7 (1). Same (3) A person who resides with his or her parent or guardian on defence property in a prescribed municipality, (a) whose parent or guardian is a Roman Catholic and a French-language rights holder, is entitled to attend a school operated by any district school board that has jurisdiction in the prescribed municipality; (b) whose parent or guardian is a French-language rights holder but not a Roman Cath…

47 (1) A child who is under the care or supervision of a children’s aid society, receives child protection services from a children’s aid society or resides in a children’s residence or foster home within the meaning of the Child, Youth and Family Services Act, 2017, and who is otherwise qualified to be admitted to an elementary school, shall be admitted without the payment of a fee to an elementary school operated by the board of the school section or separate school zone, as the case may be, in which the child resides. 2017, c. 14, Sched. 4, s. 13 (2). Secondary school (2) A child who is under the care or supervision of a children’s aid society, receives child protection services from a children’s aid society or resides in a children’s residence or foster home within the meaning of the Child, Youth and Family Services Act, 2017, and who is otherwise qualified to be admitted to a second…

48 Repealed: 2009, c. 33, Sched. 13, s. 1 (10). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 23 - 01/01/1998 2009, c. 33, Sched. 13, s. 1 (10) - 15/12/2009

48.1 (1), (2) Repealed: 2009, c. 33, Sched. 13, s. 1 (11). Right to continue 1989/90 change in boundaries (3) If, on December 31, 1989, a pupil was enrolled in a school that the pupil had a right to attend and on January 1, 1990 the pupil, because of alterations to school board boundaries, no longer had a right to attend the school under any other provision of this Part, the pupil has the same right to continue to attend the school after January 1, 1990 as before January 1, 1990. 1997, c. 31, s. 23. Exception (4) A right under this section is extinguished if the school becomes another type of school within the meaning of subsection 37 (2). 2009, c. 25, s. 7. Agreement re transportation (5) The board of which a pupil referred to in subsection (3) is qualified to be a resident pupil may enter into an agreement with the board that operates the school, referred to in subsection (3), in respe…

49 (1) Where a person qualified to be a resident pupil of a secondary school district or separate school zone attends a secondary school that the person has a right to attend under subsection 39 (1), the board of which the person is qualified to be a resident pupil shall pay to the board that operates the secondary school attended by the pupil the fee, if any, payable for the purpose under the regulations. 1997, c. 31, s. 24 (1). Same (2) Where a person qualified to be a resident pupil of a board attends a public or secondary school in the area of jurisdiction of another board under section 48.1, the board of which the person is qualified to be a resident pupil shall pay to the board that operates the school attended by the pupil the fee, if any, payable for the purpose under the regulations. 1997, c. 31, s. 24 (1). (3) Repealed: 1997, c. 31, s. 24 (1). Admission of resident pupil to ano…

49.1 A person who is otherwise entitled to be admitted to a school and who is less than eighteen years of age shall not be refused admission because the person or the person’s parent or guardian is unlawfully in Canada. 1993, c. 11, s. 21; 2021, c. 4, Sched. 11, s. 7 (1). Section Amendments with date in force (d/m/y) 1993, c. 11, s. 21 - 29/07/1993 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021

49.2 (1) Despite any other provision of this Act but subject to subsection (4), a board may direct a person described in subsection (2) who is enrolled in or seeks to be admitted to a secondary school operated by the board to enrol in a continuing education course or class operated by the board in which the person may earn a credit. 1996, c. 13, s. 4. Same (2) Subsection (1) applies to, (a) a person who has attended one or more secondary schools for a total of seven or more school years; (b) a person who did not attend secondary school for a total of four or more school years beginning after the end of the calendar year in which the person attained the age of 16 years; or (c) a person in respect of whom funding for a board is calculated in accordance with the regulations made under section 234 on the same basis as funding in respect of a person enrolled in a continuing education course o…

PART II.1 miscellaneous

Provisions Relating to Public Boards

50 (1) A parent or guardian of a child attending a public school and a member of the board that operates the school may visit the school. 1997, c. 31, s. 27; 2021, c. 4, Sched. 11, s. 7 (1). Same (2) A member of the Assembly may visit a public school in the member’s constituency. 1997, c. 31, s. 27. Same (3) A member of the clergy may visit a public school in the area where the member has pastoral charge. 1997, c. 31, s. 27. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 27 - 01/01/1998 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021

50.1 (1) Despite the provisions of this or any other Act but subject to subsection (2), a person who is not a supporter of any board who is entitled under subsection 1 (10) to vote in the area of jurisdiction of a public board and who wishes to be an elector for the public board at an election is entitled, (a) to cause his or her name to be entered on the preliminary list for the voting subdivision in which he or she resides, as an elector for the public board; and (b) to be enumerated as an elector for the public board. 1997, c. 31, s. 27. French-language rights (2) Only a person who is a French-language rights holder has entitlements under subsection (1) in respect of a French-language public district school board. 1997, c. 31, s. 27. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 27 - 01/01/1998

Religious Instruction

51 (1) Subject to the regulations, a pupil shall be allowed to receive such religious instruction as the pupil’s parent or guardian desires or, where the pupil is an adult, as the pupil desires. R.S.O. 1990, c. E.2, s. 51 (1); 2021, c. 4, Sched. 11, s. 7 (1). Religious exercises (2) No pupil in a public school shall be required to read or study in or from a religious book, or to join in an exercise of devotion or religion, objected to by the pupil’s parent or guardian, or by the pupil, where the pupil is an adult. R.S.O. 1990, c. E.2, s. 51 (2); 2021, c. 4, Sched. 11, s. 7 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021

Provisions Relating to Roman Catholic Boards

52 A Roman Catholic board may establish and maintain programs and courses of study in religious education for pupils in all schools under its jurisdiction. 1997, c. 31, s. 28. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 28 - 01/01/1998

53 (1) A parent or guardian of a child attending a Roman Catholic school and a member of the board that operates the school may visit the school. 1997, c. 31, s. 28; 2021, c. 4, Sched. 11, s. 7 (1). Same (2) A member of the Assembly may visit a Roman Catholic school in the member’s constituency. 1997, c. 31, s. 28. Same (3) A member of the clergy of the Roman Catholic Church may visit a Roman Catholic school in the area where the member has pastoral charge. 1997, c. 31, s. 28. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 28 - 01/01/1998 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021

54 (1) Despite the provisions of this or any other Act but subject to subsection (2), a Roman Catholic who is not a supporter of any board, who is a person entitled under subsection 1 (10) to vote in the area of jurisdiction of a Roman Catholic board and who wishes to be an elector for the Roman Catholic board at an election is entitled, (a) to cause his or her name to be entered on the preliminary list for the voting subdivision in which he or she resides, as an elector for the Roman Catholic board; and (b) to be enumerated as an elector for the Roman Catholic board. 1997, c. 31, s. 29. French-language rights (2) Only a person who is a French-language rights holder has entitlements under subsection (1) in respect of a French-language separate district school board. 1997, c. 31, s. 29. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 29 - 01/01/1998

Student Trustees

55 (1) The Minister may make regulations providing for elected student trustees to represent, on district school boards and on boards established under section 67, the interests of pupils in the last two years of the intermediate division and in the senior division. 2006, c. 10, s. 6. No membership or binding vote (2) A student trustee is not a member of the board and is not entitled to exercise a binding vote on any matter before the board or any of its committees. 2006, c. 10, s. 6. Recorded vote (3) A student trustee is entitled to require that a matter before the board or one of its committees on which the student trustee sits be put to a recorded vote, and in that case there shall be, (a) a recorded non-binding vote that includes the student trustee’s vote; and (b) a recorded binding vote that does not include the student trustee’s vote. 2006, c. 10, s. 6. Motion (4) A student trust…

Territory Without Municipal Organization in Area of Jurisdiction of a School Authority

56 The Lieutenant Governor in Council may make regulations deeming, for any purpose, including but not limited to purposes related to taxation, any territory without municipal organization that is within the area of jurisdiction of a school authority, (a) to be a district municipality, unless and until the territory becomes or is included in a municipality; or (b) to be attached to a municipality, unless and until the territory becomes or is included in a municipality. 1997, c. 31, s. 31. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 31 - 01/01/1998

Special Education Tribunals and Advisory Committees

57 (1) The Lieutenant Governor in Council shall establish one or more Special Education Tribunals. 1997, c. 31, s. 31; 2023, c. 11, Sched. 2, s. 11. Appointment (1.1) The Lieutenant Governor in Council may appoint members to a Special Education Tribunal and specify each member’s term of office. 2006, c. 10, s. 7; 2023, c. 11, Sched. 2, s. 11. Remuneration and expenses (1.2) Each member of a Special Education Tribunal shall receive the remuneration that the Lieutenant Governor in Council determines and reimbursement for the member’s reasonable and necessary expenses incurred in attending meetings and in transacting the business of the Tribunal. 2006, c. 10, s. 7; 2023, c. 11, Sched. 2, s. 11. Chair (1.3) The Minister may appoint one of the members of a Special Education Tribunal as chair. 2006, c. 10, s. 7; 2023, c. 11, Sched. 2, s. 11. Vice-chair (1.4) The chair of a Special Education Tr…

57.1 (1) Every district school board shall establish a special education advisory committee. 1997, c. 31, s. 31; 2023, c. 11, Sched. 2, s. 12. Same (2) The Lieutenant Governor in Council may make regulations requiring school authorities to establish special education advisory committees. 1997, c. 31, s. 31; 2023, c. 11, Sched. 2, s. 12. Same (3) The Lieutenant Governor in Council may make regulations governing, (a) the establishment and composition of special education advisory committees; (b) practices and procedures relating to special education advisory committees; (c) the powers and duties of special education advisory committees; (d) the duties of district school boards or school authorities in relation to special education advisory committees. 1997, c. 31, s. 31; 2023, c. 11, Sched. 2, s. 12. General or particular (4) A regulation under subsection (3) may be general or particular a…