HIRING PRACTICES

Education Act

ONTARIO REGULATION 274/12

HIRING PRACTICEs

Note: This Regulation was revoked on October 29, 2020. (See: O. Reg. 576/20, s. 1)

Last amendment: 576/20.

Legislative History: 148/13, 376/15, 282/16, 164/17, 411/17, 576/20.

This is the English version of a bilingual regulation.

PART 1
General RULES

Interpretation

1. (1) In this Regulation,

“ETFO” means the Elementary Teachers’ Federation of Ontario; (“FEEO”)

“long-term occasional teachers list” means a list established and maintained by a board in accordance with sections 4, 10 and 16; (“liste des enseignants suppléants à long terme”)

“OECTA” means the Ontario English Catholic Teachers’ Association;

“roster of occasional teachers” means any roster of occasional teachers established by a board for the purposes of the Act; (“tableau des enseignants suppléants”)

“weekday” means any Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday as defined in the Legislation Act, 2006. (“jour de semaine”) O. Reg. 274/12, s. 1 (1); O. Reg. 376/15, s. 2; O. Reg. 164/17, s. 1; O. Reg. 411/17, s. 1.

(2) Any assignment or appointment of a person to a teaching position shall be made with due regard for the provision of the best possible program and the safety and well-being of the pupils, as required under Regulation 298 of the Revised Regulations of Ontario, 1990 (Operation of Schools ― General) made under the Act, and in accordance with all other requirements set out in that Regulation, including the requirement that any assignment or appointment shall be made in accordance with the qualifications recorded on the teacher’s certificate of qualification and registration. O. Reg. 274/12, s. 1 (2).

(3) Nothing in this Regulation shall be interpreted in a way that interferes with or controls,

(a) the denominational aspects of a Roman Catholic board;

(b) the denominational aspects of a Protestant separate school board; or

(4) For the purposes of counting days under this Regulation, two half days shall be equal to one full day. O. Reg. 274/12, s. 1 (4).

Application

1.1 (1) The application of the sections of this Regulation to the hiring of an occasional teacher is determined by the bargaining unit to which the teacher belongs, and in particular,

(a) sections 1 to 3 apply to the hiring of all occasional teachers, subject to section 9;

(b) sections 4 to 8 apply to the hiring of occasional teachers other than occasional teachers in bargaining units represented by OECTA and ETFO, subject to section 9;

(d) sections 16 to 20 apply to the hiring of occasional teachers in bargaining units represented by ETFO. O. Reg. 376/15, s. 3; O. Reg. 164/17, s. 2 (1, 2).

(2) References in sections 4 to 20 to long-term assignments and permanent teaching positions are references to such positions that are to be filled by occasional teachers in bargaining units represented by the relevant bargaining agency. O. Reg. 376/15, s. 3; O. Reg. 164/17, s. 2 (3).

Ranking of occasional teachers

2. For the purposes of this Regulation, occasional teachers of a board shall be ranked in accordance with the following rules:

1. Ranking is based on a teacher’s seniority as an occasional teacher.

2. If two or more teachers have the same seniority, ranking among them shall be based on the number of full days of teaching in schools of the board.

3. If two or more teachers have the same ranking under paragraph 2, ranking among them shall be based on the number of years of experience teaching.

4. If two or more teachers have the same ranking under paragraph 3, ranking among them shall be determined by drawing lots, witnessed by the president of the teachers’ bargaining unit or a person designated in writing by the president. O. Reg. 274/12, s. 2.

Roster of occasional teachers

3. (1) A board shall organize its roster of occasional teachers in decreasing order based on the teachers’ ranking under section 2. O. Reg. 274/12, s. 3 (1).

(2) The board shall include in the roster the following information about each teacher:

1. The teacher’s name.

2. The day the teacher was most recently placed on the roster.

3. A summary of the teacher’s teaching experience. O. Reg. 274/12, s. 3 (2).

(3) The board shall post the roster on its website and shall ensure that the roster is updated regularly. O. Reg. 274/12, s. 3 (3).

Long-term occasional teachers list

4. (1) Every board to which this Part applies shall establish and maintain a long-term occasional teachers list. O. Reg. 274/12, s. 4 (1); O. Reg. 376/15, s. 4.

(2) An occasional teacher may apply to the board to be placed on the list and the board shall grant the teacher an interview if,

(a) the teacher has been on the board’s roster of occasional teachers for at least 10 months; and

(b) the teacher has taught as an occasional teacher in one or more schools of the board for at least 20 full days during a 10-month period that is within the five years immediately preceding the day the application is submitted. O. Reg. 274/12, s. 4 (2); O. Reg. 148/13, s. 1.

(3) If the person or panel that conducts the interview recommends that the board place the teacher on the list, the board shall do so. O. Reg. 274/12, s. 4 (3).

(4) The board shall post the list on its website and shall ensure that the list is updated regularly. O. Reg. 274/12, s. 4 (4).

Notice of teaching position

5. A board shall not interview or make an offer to any person to fill a long-term assignment or permanent teaching position unless a notice of the position has been posted on the board’s website for at least five weekdays. O. Reg. 274/12, s. 5.

Assignments or appointments to long-term assignments

6. (1) If a board is a party to a written agreement with a bargaining unit, including a collective agreement, that governs the process of offering teaching positions to supernumerary teachers with the board or teachers whose positions with the board have been declared redundant, the board shall not interview or make an offer to any other person to fill a long-term assignment position before completing that process. O. Reg. 274/12, s. 6 (1).

(2) If a long-term assignment position is not filled under the process referred to in subsection (1), the board shall not interview or make an offer to any other person to fill the position unless an offer has been made to each teacher interviewed in accordance with subsections (3) and (4) and none of them have accepted it. O. Reg. 274/12, s. 6 (2).

(3) For the purposes of subsection (2), the board shall interview the five teachers from the long-term occasional teachers list who,

(a) have the required qualifications for the position;

(b) have the highest ranking under section 2; and

(4) If fewer than five teachers on the list satisfy the criteria set out in clauses (3) (a) and (c), the board is required under subsection (3) to interview only those teachers. O. Reg. 274/12, s. 6 (4).

(5) If the position is not filled by a teacher interviewed in accordance with subsections (3) and (4), the board shall not interview or make an offer to any other person to fill it before,

(a) advertising the position to teachers on the board’s long-term occasional teachers list; and

(b) interviewing a selection of the teachers from the list who apply for the position and have the required qualifications for the position, and making an offer. O. Reg. 274/12, s. 6 (5).

(6) If the position is not filled by a teacher interviewed in accordance with subsection (5), the board shall not interview or make an offer to any other person to fill it before,

(a) advertising the position to teachers on the board’s roster of occasional teachers; and

(b) interviewing a selection of the teachers from the roster who apply for the position and have the required qualifications for the position, and making an offer. O. Reg. 274/12, s. 6 (6).

Assignments or appointments to permanent positions

7. (1) If a board is a party to a written agreement with a bargaining unit, including a collective agreement, that governs the process of offering teaching positions to supernumerary teachers with the board or teachers whose positions with the board have been declared redundant, the board shall not interview or make an offer to any other person to fill a permanent position before completing that process. O. Reg. 274/12, s. 7 (1).

(2) If a permanent position is not filled under the process referred to in subsection (1), the board shall not interview or make an offer to any other person to fill the position unless an offer has been made to each teacher interviewed in accordance with subsections (3) and (4) and none of them have accepted it. O. Reg. 274/12, s. 7 (2).

(3) For the purposes of subsection (2), the board shall interview the five teachers from the long-term occasional teachers list who,

(a) have completed a long-term assignment in a school of the board that was at least four months long and in respect of which the teacher has not received an unsatisfactory evaluation;

(b) have the required qualifications for the position;

(d) have agreed to be interviewed. O. Reg. 274/12, s. 7 (3).

(4) If fewer than five teachers on the list satisfy the criteria set out in clauses (3) (a), (b) and (d), the board is required under subsection (3) to interview only those teachers. O. Reg. 274/12, s. 7 (4).

Rights of unsuccessful candidates

8. If following an interview a teacher is not placed on the long-term occasional teachers list or appointed or assigned to a long-term assignment or permanent position, the teacher is entitled, on request, to meet with the person or panel that conducted the interview to discuss,

(a) his or her performance during the interview;

(b) measures he or she could take to enhance his or her professional qualifications; and

(c) other ways to improve his or her chance of being successful in a similar interview in the future. O. Reg. 274/12, s. 8.

Exemptions for AEFO teachers

9. This Regulation does not apply with respect to teachers who are in bargaining units represented by l’Association des enseignantes et des enseignants franco-ontariens. O. Reg. 282/16, s. 1.

PART 2
RULES Re Occasional Teachers represented by oecta

Long-term occasional teachers list

10. (1) Every board to which this Part applies shall establish and maintain a long-term occasional teachers list for occasional teachers in bargaining units represented by OECTA. O. Reg. 376/15, s. 5.

(2) An occasional teacher may apply to the board to be placed on the list and the board shall grant the teacher an interview if,

(a) the teacher has been on the board’s roster of occasional teachers for at least 10 months; and

(3) If the person or panel that conducts the interview recommends that the board place the teacher on the list, the board shall do so. O. Reg. 376/15, s. 5.

(4) The board shall post the list on its website and shall ensure that the list is updated regularly. O. Reg. 376/15, s. 5.

(5) The processes described in subsections (2) and (3) shall occur,

(a) at least two times each year at such times as are mutually agreed to by the board and OECTA; or

(b) where no such agreement is made, in May and November each year. O. Reg. 376/15, s. 5.

Assignments or appointments to long-term assignments

11. (1) If a board is a party to a written agreement with a bargaining unit represented by OECTA, including a collective agreement, that governs the process of offering teaching positions to supernumerary teachers with the board or teachers whose positions with the board have been declared redundant, the board shall not interview or make an offer to any other person to fill a long-term assignment before completing that process. O. Reg. 376/15, s. 5.

(2) If a long-term assignment is not filled under the process referred to in subsection (1),

(a) section 12 applies for long-term assignments that are 30 school days or less; and

(b) section 13 applies for long-term assignments that are longer than 30 school days. O. Reg. 376/15, s. 5.

Assignment 30 school days or less

12. (1) For a long-term assignment that is 30 school days or less,

(a) the board shall not post notice of the position on the board’s website; and

(b) the board shall fill the position in accordance with subsections (2) to (8). O. Reg. 376/15, s. 5.

(2) The board shall offer the position to one of the five most senior qualified occasional teachers from the long-term occasional teachers list who are available for the position, and shall not interview the teacher before making the offer. O. Reg. 376/15, s. 5.

(3) If the occasional teacher who is offered the position under subsection (2) turns it down, the board shall offer the position to each of the other five teachers, one at a time, until a teacher accepts it. O. Reg. 376/15, s. 5.

(4) If fewer than five teachers satisfy the description set out in subsection (2), the board is required to offer the position only to those teachers. O. Reg. 376/15, s. 5.

(5) If the position remains unfilled after completing the process set out in subsections (2) to (4), the board shall repeat the process with the next five most senior qualified occasional teachers from the long-term occasional teachers list who are available for the position and then the next five, and so on, until a teacher accepts the position. O. Reg. 376/15, s. 5.

(6) If the position remains unfilled after completing the process set out in subsection (5), the board shall use the same process as set out in subsections (2) to (5) with the roster of occasional teachers. O. Reg. 376/15, s. 5.

(7) If the position remains unfilled after completing the process set out in subsection (6), the board shall fill the position without regard to whether or not a teacher is an occasional teacher in a bargaining unit represented by OECTA. O. Reg. 376/15, s. 5.

(8) An occasional teacher is available for the purposes of filling a long-term assignment in accordance with the steps set out in subsections (2) to (7) if the teacher has not already been assigned to another long-term assignment that overlaps with the term of the position that is being filled. O. Reg. 376/15, s. 5.

(9) The board shall provide information related to long-term assignments to occasional teachers in bargaining units represented by OECTA. O. Reg. 376/15, s. 5.

Assignment longer than 30 school days

13. (1) For a long-term assignment that is longer than 30 school days,

(a) the board shall post notice of the position on the board’s website; and

(b) after the notice has been posted for at least three weekdays, the board shall fill the position in accordance with subsections (2) to (6). O. Reg. 376/15, s. 5.

(2) The board shall interview the five teachers from the long-term occasional teachers list who,

(a) have the required qualifications for the position;

(b) have the highest ranking under section 2; and

(3) If fewer than five teachers on the list satisfy the criteria set out in clauses (2) (a) and (c), the board is required under subsection (2) to interview only those teachers. O. Reg. 376/15, s. 5.

(4) The board shall offer the position to each teacher interviewed in accordance with subsections (2) and (3), one at a time, until a teacher accepts it. O. Reg. 376/15, s. 5.

(5) If the position remains unfilled after completing the process set out in subsections (2), (3) and (4), the board shall interview a selection of the teachers from the long-term occasional teachers list who applied for the position and have the required qualifications for the position, and make an offer. O. Reg. 376/15, s. 5.

(6) If the position remains unfilled after completing the process set out in subsection (5), the board shall interview a selection of the teachers from the roster of occasional teachers who applied for the position and have the required qualifications for the position, and make an offer. O. Reg. 376/15, s. 5.

Assignments or appointments to permanent positions

14. (1) If a board is a party to a written agreement with a bargaining unit represented by OECTA, including a collective agreement, that governs the process of offering teaching positions to supernumerary teachers with the board or teachers whose positions with the board have been declared redundant, the board shall not interview or make an offer to any other person to fill a permanent position before completing that process. O. Reg. 376/15, s. 5.

(2) If a permanent position is not filled under the process referred to in subsection (1),

(a) the board shall post notice of the position on the board’s website; and

(b) after the notice has been posted for at least five weekdays, the board shall fill the position in accordance with subsections (3) to (5). O. Reg. 376/15, s. 5.

(3) The board shall interview the five teachers from the long-term occasional teachers list who,

(a) have completed a long-term assignment in a school of the board that was at least four months long and in respect of which the teacher has not received an unsatisfactory evaluation;

(b) have the required qualifications for the position;

(d) have agreed to be interviewed. O. Reg. 376/15, s. 5.

(5) The board shall offer the position to each teacher interviewed in accordance with subsections (3) and (4) and shall not interview or make an offer to any other person to fill the position unless none of them have accepted it. O. Reg. 376/15, s. 5.

Rights of unsuccessful candidates

15. If following an interview a teacher is not placed on the long-term occasional teachers list or appointed or assigned to a long-term assignment or permanent position, the teacher is entitled, on request, to meet with the person or panel that conducted the interview to discuss,

(a) his or her performance during the interview;

(b) measures he or she could take to enhance his or her professional qualifications; and

(c) other ways to improve his or her chance of being successful in a similar interview in the future. O. Reg. 376/15, s. 5.

part 3
rules re occasional teachers represented by ETFO

Long-term occasional teachers list

16. (1) Every board to which this Part applies shall establish and maintain a long-term occasional teachers list for occasional teachers in bargaining units represented by ETFO. O. Reg. 164/17, s. 3.

(2) An occasional teacher may apply to the board to be placed on the list and the board shall grant the teacher an interview if,

(a) the teacher is relocating and was employed by any board in Ontario as a permanent teacher immediately before applying to be placed on the list; or

(b) the teacher,

(i) has been on the board’s roster of occasional teachers for at least 10 months, and

(ii) has taught as an occasional teacher in one or more schools of the board for at least 20 full days during a 10-month period that is within the five years immediately preceding the day the application is submitted. O. Reg. 164/17, s. 3; O. Reg. 411/17, s. 2.

(3) If the person or panel that conducts the interview recommends that the board place the teacher on the list, the board shall do so. O. Reg. 164/17, s. 3.

(4) The board shall post the list on its website and shall ensure that the list is updated regularly. O. Reg. 164/17, s. 3.

Notice of teaching position

17. A board shall not interview or make an offer to any person to fill a long-term assignment or permanent teaching position unless a notice of the position has been posted on the board’s website for at least five weekdays. O. Reg. 164/17, s. 3.

Assignments or appointments to long-term assignments

18. (1) If a board is a party to a written agreement with a bargaining unit represented by ETFO, including a collective agreement, that governs the process of offering teaching positions to supernumerary teachers with the board or teachers whose positions with the board have been declared redundant, the board shall not interview or make an offer to any other person to fill a long-term assignment position before completing that process. O. Reg. 164/17, s. 3.

(3) For the purposes of subsection (2), the board shall interview the five teachers from the long-term occasional teachers list who,

(a) have the required qualifications for the position;

(b) have the highest ranking under section 2; and

(4) If fewer than five teachers on the list satisfy the criteria set out in clauses (3) (a) and (c), the board is required under subsection (3) to interview only those teachers. O. Reg. 164/17, s. 3.

(5) If the position is not filled by a teacher interviewed in accordance with subsections (3) and (4), the board shall not interview or make an offer to any other person to fill it before,

(a) advertising the position to teachers on the board’s long-term occasional teachers list; and

(b) interviewing a selection of the teachers from the list who apply for the position and have the required qualifications for the position, and making an offer. O. Reg. 164/17, s. 3.

(6) If the position is not filled by a teacher interviewed in accordance with subsection (5), the board shall not interview or make an offer to any other person to fill it before,

(a) advertising the position to teachers on the board’s roster of occasional teachers; and

(b) interviewing a selection of the teachers from the roster who apply for the position and have the required qualifications for the position, and making an offer. O. Reg. 164/17, s. 3.

Assignments or appointments to permanent positions

19. (1) If a board is a party to a written agreement with a bargaining unit represented by ETFO, including a collective agreement, that governs the process of offering teaching positions to supernumerary teachers with the board or teachers whose positions with the board have been declared redundant, the board shall not interview or make an offer to any other person to fill a permanent position before completing that process. O. Reg. 164/17, s. 3.

(3) For the purposes of subsection (2), the board shall interview the five teachers from the long-term occasional teachers list who,

(a) have completed a long-term assignment in a school of the board that was at least four months long and in respect of which the teacher has not received an unsatisfactory evaluation;

(b) have the required qualifications for the position;

(d) have agreed to be interviewed. O. Reg. 164/17, s. 3.

Rights of unsuccessful candidates

20. If following an interview a teacher is not placed on the long-term occasional teachers list or appointed or assigned to a long-term assignment or permanent position, the teacher is entitled, on request, to meet with the person or panel that conducted the interview to discuss,

(a) his or her performance during the interview;

(b) measures he or she could take to enhance his or her professional qualifications; and

(c) other ways to improve his or her chance of being successful in a similar interview in the future. O. Reg. 164/17, s. 3.