OntarioPassed43rd Parliament, 1st Session

Bill 28 explained in plain English

Keeping Students in Class Act, 2022

Labour & Employment Education & Skills Justice & the Law

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

How This Type of Bill Becomes Law Official source

At a glance

Jurisdiction

Ontario Legislature

Legislature / Parliament

Legislative Assembly of Ontario

Session

43rd Parliament, 1st Session

Bill number

Bill 28

Full title

Keeping Students in Class Act, 2022

Current status

Passed

Latest event

Royal Assent received

Last updated

Nov 3, 2022

Sponsor

Stephen Lecce

Official Legislative Assembly of Ontario snapshot for 43rd Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber

Legislative Assembly of Ontario

Current Stage

Royal Assent received

Latest Activity

Nov 3, 2022

Sponsor

Stephen Lecce

Plain-language explanation

In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing

Short Version

This Act resolves labour disputes for CUPE-represented school board employees by imposing new collective agreements, prohibiting strikes and lockouts, and limiting legal challenges.

What It Means

The Keeping Students in Class Act, 2022, aims to resolve labour disputes involving school board employees represented by the Canadian Union of Public Employees (CUPE). It establishes new collective agreements with specific terms outlined in the Act's schedule, prohibits strikes and lockouts during the agreement's term, and allows for regulations to be made. The Act also limits the jurisdiction of labour relations boards and other tribunals regarding its provisions and related matters. It declares its operation notwithstanding certain sections of the Canadian Charter of Rights and Freedoms and applies despite the Human Rights Code.

What This Bill Does

Establishes new collective agreements for CUPE-represented school board employees, with central terms provided in a schedule.
Terminates any ongoing strikes or lockouts involving these employees.
Prohibits strikes or lockouts by these employees during the term of the new collective agreements.
Limits the ability of courts, arbitrators, and tribunals to review the constitutionality of the Act or its regulations, or to question actions taken under the Act.
States that no legal proceedings can be brought against the Crown or its representatives for actions related to the enactment or implementation of this Act.
Allows the Lieutenant Governor in Council to make regulations for carrying out the Act's purposes.
Declares that the Act operates notwithstanding sections 2, 7, and 15 of the Canadian Charter of Rights and Freedoms, and applies despite the Human Rights Code.

Who Is Affected

School boards in Ontario
Employees of school boards represented by the Canadian Union of Public Employees (CUPE)
The Canadian Union of Public Employees (CUPE) and its local trade unions
Employer bargaining agencies representing school boards
Employee bargaining agencies representing CUPE
The Crown (Government of Ontario)
The Ontario Labour Relations Board
Arbitrators, mediator-arbitrators, arbitration boards, and other administrative tribunals

Rights, Duties, Or Obligations

School boards and the bargaining agent are required to terminate any ongoing strike or lockout.
Employees are required to terminate any strike and resume their duties.
Employees and bargaining agents are prohibited from striking during the term of the new collective agreement.
Employers and employer bargaining agencies are prohibited from locking out employees during the term of the new collective agreement.
The Minister has the authority to make a complaint regarding an unlawful strike without the consent of the employer bargaining agency.

Important Dates

The Act came into force on November 3, 2022, the day it received Royal Assent.
New collective agreements are deemed to be in operation starting from the date the Act received Royal Assent and expire on August 31, 2026.

Financial Or Tax Impacts

The Act establishes new collective agreements which include provisions for compensation terms, benefits, and wages for CUPE-represented school board employees. Specific details of these terms are found in the Schedule to the Act, including details on funding for benefits and compensation increases.
The Act includes provisions for the "Supports for Students Fund" with allocated amounts for each school board for Special Education Staff and Other Staffing for the school years 2022-23 through 2025-26.
The Act establishes a one-time Priorities and Partnerships Fund (PPF) of $4.5 million for skilled trades apprenticeships.

Enforcement Or Penalties

Contravention or failure to comply with sections related to strikes, lockouts, and resuming operations is an offence under the Act.
Individuals who commit an offence are liable to a fine of not more than $4,000.
Other entities (e.g., bargaining agents, employers) that commit an offence are liable to a fine of not more than $500,000.
Each day of contravention or failure to comply constitutes a separate offence.

Uncertainties Or Limits

While the Act states it operates notwithstanding certain Charter rights and applies despite the Human Rights Code, the full extent of these limitations in practice may not be clear without further interpretation.
The Act limits the jurisdiction of the Ontario Labour Relations Board and other tribunals to inquire into or make decisions on the constitutionality of the Act or its regulations, or actions taken under it. This means certain legal challenges may be prevented.
The Act provides for regulations to be made by the Lieutenant Governor in Council, which may include transitional matters and may be retroactive. The details of these regulations are not specified within the Act itself.

Laws Or Regulations Affected

School Boards Collective Bargaining Act, 2014

modified

The Act states that the School Boards Collective Bargaining Act, 2014 continues to apply except where modified by this Act. In case of conflict with this Act, this Act prevails. Specific provisions regarding complaints about unlawful strikes are modified, allowing the Minister to make a complaint without the consent of the employer bargaining agency.

Source: Sections 4, 11

Labour Relations Act, 1995

modified

The Act states that in case of conflict with the Labour Relations Act, 1995, this Act prevails. It also specifies which sections of the Labour Relations Act, 1995 apply to offences under this Act and modifies their application.

Source: Sections 4, 9

Human Rights Code

overridden

The Act states that it applies despite the Human Rights Code, and that regulations made under this Act also apply despite the Code.

Source: Section 13(2), 13(3)

Canadian Charter of Rights and Freedoms

declared to operate notwithstanding

The Act declares that it operates notwithstanding sections 2, 7, and 15 of the Canadian Charter of Rights and Freedoms. This declaration also applies to regulations made under the Act.

Source: Section 13(1), 13(3)

Rights of Labour Act

modified

The Act states that nothing in the Rights of Labour Act prevents or affects the operation or enforcement of this Act against any person, including the bargaining agent.

Source: Section 12

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1

First reading

Oct 31, 2022

Step 2

Second reading

Nov 3, 2022

Step 3

Committee review

Not reached yet

Step 4

Third reading

Nov 3, 2022

Step 5

Royal assent

Nov 3, 2022

Vote Summary

Yes

Abstain

Absent / Other

Final recorded vote

Nov 3, 2022

108 representative positions are recorded in this official snapshot for this vote.

Sponsor

Stephen Lecce

Progressive Conservative Party of Ontario | King—Vaughan

Jurisdiction

Ontario Legislature

Representative Voting Breakdown

Vote badges include text labels so the table stays readable for everyone, even without color cues alone.

Representative	Role	Riding	Party	Vote	Notes
Amarjot Sandhu MPP	MPP	Brampton West	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Andrew Dowie MPP	MPP	Windsor—Tecumseh	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Anthony Leardi MPP	MPP	Essex	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Aris Babikian MPP	MPP	Scarborough—Agincourt	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Billy Pang MPP	MPP	Markham—Unionville	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Brian Riddell MPP	MPP	Cambridge	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Brian Saunderson MPP	MPP	Simcoe—Grey	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Daisy Wai MPP	MPP	Richmond Hill	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Dave Smith MPP	MPP	Peterborough—Kawartha	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
David Smith MPP	MPP	Scarborough Centre	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Dawn Gallagher Murphy MPP	MPP	Newmarket—Aurora	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Deepak Anand MPP	MPP	Mississauga—Malton	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Effie J. Triantafilopoulos MPP	MPP	Oakville North—Burlington	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Goldie Ghamari MPP	MPP	Carleton	Independent	Yes	Recorded without an additional note.
Hardeep Singh Grewal MPP	MPP	Brampton East	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Andrea Khanjin MPP	MPP	Barrie—Innisfil	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Caroline Mulroney MPP	MPP	York—Simcoe	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Charmaine A. Williams MPP	MPP	Brampton Centre	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. David Piccini MPP	MPP	Northumberland—Peterborough South	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Doug Downey MPP	MPP	Barrie—Springwater—Oro-Medonte	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Ernie Hardeman MPP	MPP	Oxford	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. George Pirie MPP	MPP	Timmins	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Graham McGregor MPP	MPP	Brampton North	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Graydon Smith MPP	MPP	Parry Sound—Muskoka	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Jill Dunlop MPP	MPP	Simcoe North	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Kevin Holland MPP	MPP	Thunder Bay—Atikokan	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Kinga Surma MPP	MPP	Etobicoke Centre	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Laurie Scott MPP	MPP	Haliburton—Kawartha Lakes—Brock	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Lisa M. Thompson MPP	MPP	Huron—Bruce	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Michael Parsa MPP	MPP	Aurora—Oak Ridges—Richmond Hill	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Michael S. Kerzner MPP	MPP	York Centre	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Natalia Kusendova-Bashta MPP	MPP	Mississauga Centre	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Neil Lumsden MPP	MPP	Hamilton East—Stoney Creek	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Nina Tangri MPP	MPP	Mississauga—Streetsville	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Nolan Quinn MPP	MPP	Stormont—Dundas—South Glengarry	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Paul Calandra MPP	MPP	Markham—Stouffville	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Peter Bethlenfalvy MPP	MPP	Pickering—Uxbridge	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Prabmeet Singh Sarkaria MPP	MPP	Brampton South	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Raymond Sung Joon Cho MPP	MPP	Scarborough North	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Rob Flack MPP	MPP	Elgin—Middlesex—London	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Sam Oosterhoff MPP	MPP	Niagara West	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Stan Cho MPP	MPP	Willowdale	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Stephen Crawford MPP	MPP	Oakville	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Stephen Lecce MPP	MPP	King—Vaughan	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Steve Clark MPP	MPP	Leeds—Grenville—Thousand Islands and Rideau Lakes	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Todd J. McCarthy MPP	MPP	Durham	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Trevor Jones MPP	MPP	Chatham-Kent—Leamington	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Victor Fedeli MPP	MPP	Nipissing	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Hon. Vijay Thanigasalam MPP	MPP	Scarborough—Rouge Park	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Jess Dixon MPP	MPP	Kitchener South—Hespeler	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
John Jordan MPP	MPP	Lanark—Frontenac—Kingston	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
John Yakabuski MPP	MPP	Renfrew—Nipissing—Pembroke	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Kaleed Rasheed MPP	MPP	Mississauga East—Cooksville	Independent	Yes	Recorded without an additional note.
Laura Smith MPP	MPP	Thornhill	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Lisa MacLeod MPP	MPP	Nepean	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Logan Kanapathi MPP	MPP	Markham—Thornhill	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Lorne Coe MPP	MPP	Whitby	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Matthew Rae MPP	MPP	Perth—Wellington	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Merrilee Fullerton MPP	MPP	Kanata—Carleton	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Michael D. Ford MPP	MPP	York South—Weston	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Monte McNaughton MPP	MPP	Lambton—Kent—Middlesex	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Natalie Pierre MPP	MPP	Burlington	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Parm Gill MPP	MPP	Milton	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Patrice Barnes MPP	MPP	Ajax	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Rick Byers MPP	MPP	Bruce—Grey—Owen Sound	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Robert Bailey MPP	MPP	Sarnia—Lambton	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Robin Martin MPP	MPP	Eglinton—Lawrence	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Ross Romano MPP	MPP	Sault Ste. Marie	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Rudy Cuzzetto MPP	MPP	Mississauga—Lakeshore	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Sheref Sabawy MPP	MPP	Mississauga—Erin Mills	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Stéphane Sarrazin MPP	MPP	Glengarry—Prescott—Russell	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Todd Smith MPP	MPP	Bay of Quinte	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Vincent Ke MPP	MPP	Don Valley North	Independent	Yes	Recorded without an additional note.
Will Bouma MPP	MPP	Brantford—Brant	Progressive Conservative Party of Ontario	Yes	Recorded without an additional note.
Adil Shamji MPP	MPP	Don Valley East	Ontario Liberal Party	No	Recorded without an additional note.
Bhutila Karpoche MPP	MPP	Parkdale—High Park	New Democratic Party of Ontario	No	Recorded without an additional note.
Bobbi Ann Brady MPP	MPP	Haldimand—Norfolk	Independent	No	Recorded without an additional note.
Catherine Fife MPP	MPP	Waterloo	New Democratic Party of Ontario	No	Recorded without an additional note.
Chandra Pasma MPP	MPP	Ottawa West—Nepean	New Democratic Party of Ontario	No	Recorded without an additional note.
Chris Glover MPP	MPP	Spadina—Fort York	New Democratic Party of Ontario	No	Recorded without an additional note.
Doly Begum MPP	MPP	Scarborough Southwest	New Democratic Party of Ontario	No	Recorded without an additional note.
France Gélinas MPP	MPP	Nickel Belt	New Democratic Party of Ontario	No	Recorded without an additional note.
Jamie West MPP	MPP	Sudbury	New Democratic Party of Ontario	No	Recorded without an additional note.
Jeff Burch MPP	MPP	Niagara Centre	New Democratic Party of Ontario	No	Recorded without an additional note.
Jennifer (Jennie) Stevens MPP	MPP	St. Catharines	New Democratic Party of Ontario	No	Recorded without an additional note.
Jennifer K. French MPP	MPP	Oshawa	New Democratic Party of Ontario	No	Recorded without an additional note.
Jessica Bell MPP	MPP	University—Rosedale	New Democratic Party of Ontario	No	Recorded without an additional note.
Jill Andrew MPP	MPP	Toronto—St. Paul's	New Democratic Party of Ontario	No	Recorded without an additional note.
Joel Harden MPP	MPP	Ottawa Centre	New Democratic Party of Ontario	No	Recorded without an additional note.
John Fraser MPP	MPP	Ottawa South	Ontario Liberal Party	No	Recorded without an additional note.
John Vanthof MPP	MPP	Timiskaming—Cochrane	New Democratic Party of Ontario	No	Recorded without an additional note.
Kristyn Wong-Tam MPP	MPP	Toronto Centre	New Democratic Party of Ontario	No	Recorded without an additional note.
Lisa Gretzky MPP	MPP	Windsor West	New Democratic Party of Ontario	No	Recorded without an additional note.
Lise Vaugeois MPP	MPP	Thunder Bay—Superior North	New Democratic Party of Ontario	No	Recorded without an additional note.
Marit Stiles MPP	MPP	Davenport	New Democratic Party of Ontario	No	Recorded without an additional note.
Mary-Margaret McMahon MPP	MPP	Beaches—East York	Ontario Liberal Party	No	Recorded without an additional note.
Michael Mantha MPP	MPP	Algoma—Manitoulin	Independent	No	Recorded without an additional note.
Mike Schreiner MPP	MPP	Guelph	Green Party of Ontario	No	Recorded without an additional note.
Mitzie Hunter MPP	MPP	Scarborough—Guildwood	Ontario Liberal Party	No	Recorded without an additional note.
Peggy Sattler MPP	MPP	London West	New Democratic Party of Ontario	No	Recorded without an additional note.
Peter Tabuns MPP	MPP	Toronto—Danforth	New Democratic Party of Ontario	No	Recorded without an additional note.
Sol Mamakwa MPP	MPP	Kiiwetinoong	New Democratic Party of Ontario	No	Recorded without an additional note.
Stephanie Bowman MPP	MPP	Don Valley West	Ontario Liberal Party	No	Recorded without an additional note.
Ted Hsu MPP	MPP	Kingston and the Islands	Ontario Liberal Party	No	Recorded without an additional note.
Terence Kernaghan MPP	MPP	London North Centre	New Democratic Party of Ontario	No	Recorded without an additional note.
Teresa J. Armstrong MPP	MPP	London—Fanshawe	New Democratic Party of Ontario	No	Recorded without an additional note.
Tom Rakocevic MPP	MPP	Humber River—Black Creek	New Democratic Party of Ontario	No	Recorded without an additional note.
Wayne Gates MPP	MPP	Niagara Falls	New Democratic Party of Ontario	No	Recorded without an additional note.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced