Bill 33 - Education Act

Introduction

The Ontario Bar Association (“OBA”) appreciates the opportunity to provide feedback on Bill 33, Supporting Children and Students Act, 2025 (“Bill 33”), which proposes amendments to the Education Act (the “Act”) related to school board accountability, transparency, safety and rights. Our submission provides specific recommendations on the proposed amendments to ensure the continued preservation of administrative safeguards and to assist the Ministry in effectively advancing its intended policy objectives. We would be happy to provide further feedback on specific questions or proposals that may arise from our submission.

Ontario Bar Association

Established in 1907, the OBA is the largest and most diverse volunteer lawyer association in Ontario, with close to 16,000 members, practicing in every area of law in every region of the province. Each year, through the work of our 40 practice sections, the OBA provides advice to assist legislators and other key decision-makers in the interests of both the profession and the public and we deliver over 325 in-person and online professional development programs to an audience of over 20,000 lawyers, judges, students, and professors.

This submission was prepared and reviewed by members of the OBA’s Education section. Members of this section include lawyers who represent virtually every stakeholder in the education sector, including boards of education, principals, students, parents and teachers.

Comments & Recommendations

The OBA has thoroughly reviewed Bill 33 and appreciates the government’s efforts to support improved outcomes for children, youth, and students. In particular, the OBA applauds the proposed amendment under Schedule 1 to the Child, Youth and Family Services Act, 2017, which seeks to expand the requirement to provide information to

children and young people about the Ombudsman. In doing so, some of the most vulnerable children and young people will be made aware of available recourses, enabling them to avail themselves and ensure their grievances are heard.

Nevertheless, the OBA has identified several areas of concern related to proposed amendments introduced under Schedule 2 and respectfully encourages the Ministry to implement the recommendations presented below.

Please note that, for ease of reference, the following comments are presented in accordance with the structure and headings used in Bill 33. The text presented in blue boxes reflects direct language from the Bill, whereas green boxes contain the OBA’s proposed recommendations.

Schedule 2 Education Act

Under Schedule 2 of Bill 33, subsections 11.1 (2) to (5) of the Act are proposed to be repealed. If enacted, this amendment would remove the Minister’s obligation to consult with specific education entities and relevant stakeholders before the Lieutenant Governor in Council makes a regulation under subsection (1). This amendment raises concerns, as these consultations are essential to ensuring stakeholders are involved in the decision- making process that directly affects them. Stakeholders bring a necessary and relevant lens, and consultation encourages evidence-based policymaking, diverse perspectives, and builds trust through a transparent, open and collaborative process. Accordingly, we strongly recommend maintaining the requirement to consult under subsections 11.1 (2) to (5), as outlined below.

Work with local police services

Moreover, Bill 33 proposes the inclusion of section 170.0.2, which would amend the Act to require that “every board shall work with its local police services to, in the prescribed

circumstances.” We recommend the mandatory language of “shall” be replaced with the optional language of “may”. The rationale for this recommendation is that school boards ought to maintain discretion to determine whether they will work with local police services and in what circumstances and capacity. Numerous boards have already made the decision to remove police from schools following lengthy community and student input. As such, school boards, not the local police, are in the best position to determine access,

programming and the nature of their relationship. Accordingly, we recommend that the proposed subsection 170.0.2 be amended, as set out below.

Review of orders, etc.

Lastly, Bill 33 proposes amendments to the revocation of orders. We recommend maintaining the ability of a member of a board to apply to the Divisional Court to revoke an order under subsections 230.17(2) and (3) of the Act. This is a core principle of justice— providing board members with a formal mechanism for reconsideration ensures fairness, accountability and due process. Its removal would limit the available recourses and

challenge procedural fairness. We therefore recommend maintaining this provision, with our proposed changes shown in blackline below.

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The OBA would be pleased to discuss this further and answer any questions that you may have.