Education Act
R.R.O. 1990, REGULATION 298
OPERATION OF SCHOOLS — GENERAL
Historical version for the period September 1, 2014 to January 6, 2021.
Last amendment: 78/14.
Legislative History: 339/91, 242/92, 95/96, 425/98, 436/00, 613/00, 492/01, 209/03, 191/04, 132/05, 258/07, 29/08, 132/08, 297/08, 206/09, CTR 11 DE 09 - 1, 183/10, 341/10, 121/13, 78/14.
This is the English version of a bilingual regulation.
CONTENTS
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8 |
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9-10 |
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11-11.1 |
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12 |
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13 |
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14-15., 16 |
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17-18 |
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19-19.1 |
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19.2 |
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20 |
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21 |
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22 |
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22.1 |
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25 |
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26 |
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27-29 |
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30-31 |
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32 |
1. In this Regulation,
“business studies” means the courses prescribed or developed under subsection 8 (1) of the Act and described in,
(a) the document entitled “Business Studies — The Ontario Curriculum, Grades 9 and 10 — 2006”, available from the Ministry of Education, and
(b) the document entitled “Business Studies — The Ontario Curriculum, Grades 11 and 12 — 2006”, available from the Ministry of Education; (“enseignement commercial”)
“certificate of qualification and registration” means a general certificate of qualification and registration or a transitional certificate of qualification and registration as defined in subsection 1 (1) of the teachers’ qualifications regulation; (“certificat de qualification et d’inscription”)
“degree” means an acceptable post-secondary degree as defined in subsection 1 (1) of the teachers’ qualifications regulation; (“grade”)
“division” means the primary division, the junior division, the intermediate division or the senior division; (“cycle”)
“French as a second language” includes programs for English speaking pupils in which French is the language of instruction; (“français langue seconde”)
“general education” means the curriculum prescribed or developed for the intermediate and senior divisions under subsection 8 (1) of the Act and described in the secondary curriculum documents available from the Ministry of Education, excluding the courses described in the documents entitled “The Ontario Curriculum, Grades 9 and 10 – Technological Education (2009)” and “The Ontario Curriculum, Grades 11 and 12 – Technological Education (2009)”; (“éducation générale”)
“parent” includes guardian; (“père ou mère”)
“Schedule A” means Schedule A (Qualifications in the intermediate and senior divisions in general education) of the teachers’ qualifications regulation; (“annexe A”)
“Schedule B” means Schedule B (Qualifications in grades 9 and 10 and grades 11 and 12 in technological education) of the teachers’ qualifications regulation; (“annexe B”)
“teachers’ qualifications regulation” means Ontario Regulation 176/10 (Teachers’ Qualifications), made under the Ontario College of Teachers Act, 1996; (“règlement sur les qualifications requises pour enseigner”)
“technological education” means the curriculum prescribed or developed for grades 9 and 10 and for grades 11 and 12 under subsection 8 (1) of the Act and described in the secondary curriculum documents entitled “The Ontario Curriculum, Grades 9 and 10 – Technological Education (2009)” and “The Ontario Curriculum, Grades 11 and 12 – Technological Education (2009)”, available from the Ministry of Education. (“éducation technologique”) R.R.O. 1990, Reg. 298, s. 1; O. Reg. 191/04, s. 1; O. Reg. 132/08, s. 1; O. Reg. 183/10, s. 1.
2. (1) A board shall file with the Ministry plans for the erection of, addition to, or alteration of a school building together with details of the site thereof. R.R.O. 1990, Reg. 298, s. 2 (1).
(2) It is a condition of the payment of a legislative grant in respect of capital cost that the plans and details referred to in subsection (1) be approved by the Minister. R.R.O. 1990, Reg. 298, s. 2 (2).
3. (1) The length of the instructional program of each school day for pupils of compulsory school age and pupils in full day junior kindergarten or kindergarten shall be not less than five hours a day excluding recesses or scheduled intervals between classes. R.R.O. 1990, Reg. 298, s. 3 (1); O. Reg. 78/14, s. 1 (1).
(2) The instructional program on a school day shall begin not earlier than 8 a.m. and end not later than 5 p.m. except with the approval of the Minister. R.R.O. 1990, Reg. 298, s. 3 (2).
(3) Despite subsection (1), a board may reduce the length of the instructional program on each school day to less than five hours a day for an exceptional pupil in a special education program. R.R.O. 1990, Reg. 298, s. 3 (3).
(4) Revoked: O. Reg. 78/14, s. 1 (2).
(5) Each pupil and each teacher shall have a scheduled interval for a lunch break. O. Reg. 492/01, s. 1.
(5.1) A pupil’s interval for a lunch break shall be not less than forty consecutive minutes and need not coincide with the scheduled interval for the lunch break of any other pupil or any teacher. O. Reg. 492/01, s. 1.
(5.2) A teacher’s interval for a lunch break shall be not less than forty consecutive minutes and need not coincide with the scheduled interval for the lunch break of any other teacher or any pupil. O. Reg. 492/01, s. 1.
(6) In the intermediate division and the senior division, a principal may, subject to the approval of the board, provide for recesses or intervals for pupils between periods. R.R.O. 1990, Reg. 298, s. 3 (6).
(7) Every board shall determine the period of time during each school day when its school buildings and playgrounds shall be open to its pupils, but in every case the buildings and the playgrounds shall be open to pupils during the period beginning fifteen minutes before classes begin for the day and ending fifteen minutes after classes end for the day. R.R.O. 1990, Reg. 298, s. 3 (7).
(8) There shall be a morning recess and an afternoon recess, each of which shall be not less than ten minutes and not more than fifteen minutes in length, for pupils in the primary and junior divisions. R.R.O. 1990, Reg. 298, s. 3 (8).
4. (1) This section applies with respect to opening and closing exercises in public elementary schools and in public secondary schools. O. Reg. 436/00, s. 1.
(2) The opening or closing exercises may include the singing of God Save the Queen and may also include the following types of readings that impart social, moral or spiritual values and that are representative of Ontario’s multicultural society:
1. Scriptural writings including prayers.
2. Secular writings. O. Reg. 436/00, s. 1.
(3) The opening or closing exercises may include a period of silence. O. Reg. 436/00, s. 1.
(4) In the following circumstances, a pupil is not required to participate in the opening or closing exercises described in this section:
1. In the case of a pupil who is less than 18 years old, if the pupil’s parent or guardian applies to the principal of the school for an exemption from the exercises.
2. In the case of a pupil who is at least 18 years old, if the pupil applies to the principal for an exemption from the exercises. O. Reg. 436/00, s. 1.
5. (1) Every school shall fly both the National Flag of Canada and the Provincial Flag of Ontario on such occasions as the board directs. R.R.O. 1990, Reg. 298, s. 5 (1).
(2) Every school shall display in the school the National Flag of Canada and the Provincial Flag of Ontario. R.R.O. 1990, Reg. 298, s. 5 (2).
6. (1) In addition to the drills established under the fire safety plan required under Regulation 454 of the Revised Regulations of Ontario, 1990 (Fire Code), every board may provide for the holding of drills in respect of emergencies other than those occasioned by fire. R.R.O. 1990, Reg. 298, s. 6 (1).
(2) Every principal, including the principal of an evening class or classes or of a class or classes conducted outside the school year, shall hold at least one emergency drill in the period during which the instruction is given. R.R.O. 1990, Reg. 298, s. 6 (2).
(3) When a fire or emergency drill is held in a school building, every person in the building shall take part in the fire or emergency drill. R.R.O. 1990, Reg. 298, s. 6 (3).
7. (1) The principal of a school, in consultation with the teachers concerned, shall select from the list of the textbooks approved by the Minister the textbooks for the use of pupils of the school, and the selection shall be subject to the approval of the board. R.R.O. 1990, Reg. 298, s. 7 (1).
(2) Where no textbook for a course of study is included in the list of the textbooks approved by the Minister the principal of a school, in consultation with the teachers concerned, shall, where they consider a textbook to be required, select a suitable textbook and, subject to the approval of the board, such textbook may be introduced for use in the school. R.R.O. 1990, Reg. 298, s. 7 (2).
(3) In the selection of textbooks under subsection (2), preference shall be given to books that have been written by Canadian authors and edited, printed and bound in Canada. R.R.O. 1990, Reg. 298, s. 7 (3).
(4) Every board shall provide without charge for the use of each pupil enrolled in a day school operated by the board such textbooks selected under subsections (1) and (2) as relate to the courses in which the pupil is enrolled. R.R.O. 1990, Reg. 298, s. 7 (4).
8. (1) Where the area of jurisdiction of a district school area board, a Roman Catholic school authority or a Protestant separate school board is not within a secondary school district, the board shall provide instruction that would enable its resident pupils to obtain sixteen credits towards a secondary school graduation diploma or an Ontario secondary school diploma. R.R.O. 1990, Reg. 298, s. 8 (1); O. Reg. 191/04, s. 2 (1).
(2) A board referred to in subsection (1) that offers courses of instruction during July or August or both in any year may provide instruction that would enable its resident pupils to obtain two credits in addition to the sixteen credits referred to in subsection (1). R.R.O. 1990, Reg. 298, s. 8 (2).
(3) Where a board referred to in subsection (1) provides,
(a) daily transportation for its resident pupils; or
(b) reimbursement for board and lodging and for transportation once a week to and from the places of residence of its resident pupils,
that it considers necessary to enable its resident pupils to attend a school operated by another board, the other board may provide such instruction as would enable such resident pupils to obtain the number of credits referred to in subsections (1) and (2). R.R.O. 1990, Reg. 298, s. 8 (3).
(4) A Roman Catholic school authority or a Protestant separate school board that has jurisdiction in a secondary school district may provide instruction for its resident pupils that would enable the pupils to obtain up to eighteen credits towards a secondary school graduation diploma or an Ontario secondary school diploma. R.R.O. 1990, Reg. 298, s. 8 (4); O. Reg. 191/04, s. 2 (2).
Assignment or Appointment of Principals and Vice-Principals
9. (1) The principal and vice-principal of a school having an enrolment greater than 125 shall each be,
(a) a teacher who,
(i) holds principal’s qualifications under section 21 or subsection 33 (2) of the teachers’ qualifications regulation or is deemed to hold principal’s qualifications under subsection 40 (3) of that regulation, or
(ii) holds a principal’s certificate described in subsection 40 (1) or (2) of the teachers’ qualifications regulation;
(b) in the case of a school in which English is the language of instruction, a teacher who is eligible to teach in such a school under subsection 19 (9) or (10); and
(c) in the case of a school established under Part XII of the Act and in which French is the language of instruction, a teacher who is eligible to teach in such a school under subsection 19 (9) or (10). O. Reg. 183/10, s. 2 (1).
(2) A teacher who holds a principal’s certificate described in subsection 40 (1) or (2) of the teachers’ qualifications regulation may only be assigned or appointed to be a principal or vice-principal in accordance with the limitations of the certificate. O. Reg. 183/10, s. 2 (1).
(3) Despite subsection (1), where a teacher who does not hold the qualifications referred to in subsection (1),
(a) was employed by a board prior to the 1st day of September, 1972 as principal of an elementary school that had an enrolment of 300 or more pupils and is employed by such board as principal of an elementary school on the 8th day of September, 1978;
(b) was employed by a board on the 1st day of September, 1978 as vice-principal of an elementary school that had an enrolment on the last school day in April, 1978 of 300 or more pupils; or
(c) was employed by a board on the 1st day of September, 1978 as principal or vice-principal of an elementary school that had an enrolment on the last school day in April, 1978 that was greater than 125 and less than 300,
such teacher may be assigned or appointed as a principal or vice-principal, as the case may be, of any elementary school operated by that board or its successor board. R.R.O. 1990, Reg. 298, s. 9 (3); O. Reg. 183/10, s. 2 (2).
(4) A board may appoint a person who holds the qualifications required by subsection (1) as a supervising principal to supervise the administration of two or more elementary schools operated by the board and such person shall be subject to the authority of the appropriate supervisory officer. R.R.O. 1990, Reg. 298, s. 9 (4).
(5) A supervising principal may be principal of only one school. R.R.O. 1990, Reg. 298, s. 9 (5).
(6) Despite subsection (1), a teacher who, before the 1st day of September, 1970, held the necessary qualifications as principal of a secondary school may be assigned or appointed as a principal or vice-principal of a secondary school. R.R.O. 1990, Reg. 298, s. 9 (6); O. Reg. 183/10, s. 2 (3).
10. Revoked: O. Reg. 191/04, s. 4.
11. (1) The principal of a school, subject to the authority of the appropriate supervisory officer, is in charge of,
(a) the instruction and the discipline of pupils in the school; and
(b) the organization and management of the school. R.R.O. 1990, Reg. 298, s. 11 (1).
(2) Where two or more schools operated by a board jointly occupy or use in common a school building or school grounds, the board shall designate which principal has authority over those parts of the building or grounds that the schools occupy or use in common. R.R.O. 1990, Reg. 298, s. 11 (2).
(3) In addition to the duties under the Act and those assigned by the board, the principal of a school shall, except where the principal has arranged otherwise under subsection 26 (3),
(a) supervise the instruction in the school and advise and assist any teacher in co-operation with the teacher in charge of an organizational unit or program;
(b) assign duties to vice-principals and to teachers in charge of organizational units or programs;
(c) retain on file up-to-date copies of outlines of all courses of study that are taught in the school;
(d) upon request, make outlines of courses of study available for examination to a resident pupil of the board and to the parent of the pupil, where the pupil is a minor;
(e) provide for the supervision of pupils during the period of time during each school day when the school buildings and playgrounds are open to pupils;
(f) provide for the supervision of and the conducting of any school activity authorized by the board;
(g) where performance appraisals of members of the teaching staff are required under a collective agreement or a policy of the board, despite anything to the contrary in such collective agreement or board policy, conduct performance appraisals of members of the teaching staff;
(h) subject to the provisions of the policy of the board or the provisions of a collective agreement, as the case may be, in respect of reporting requirements for performance appraisals, report thereon in writing to the board or to the supervisory officer on request and give to each teacher so appraised a copy of the performance appraisal of the teacher;
(i) where the performance appraisals of members of the teaching staff are not required by board policy or under a collective agreement, report to the board or to the supervisory officer in writing on request on the effectiveness of members of the teaching staff and give to a teacher referred to in any such report a copy of the portion of the report that refers to the teacher;
(j) make recommendations to the board with respect to,
(i) the appointment and promotion of teachers, and
(ii) the demotion or dismissal of teachers whose work or attitude is unsatisfactory;
(k) provide for instruction of pupils in the care of the school premises;
(l) inspect the school premises at least weekly and report forthwith to the board,
(i) any repairs to the school that are required, in the opinion of the principal,
(ii) any lack of attention on the part of the building maintenance staff of the school, and
(iii) where a parent of a pupil has been requested to compensate the board for damage to or destruction, loss or misappropriation of school property by the pupil and the parent has not done so, that the parent of the pupil has not compensated the board;
(m) where it is proposed to administer a test of intelligence or personality to a pupil, inform the pupil and the parent of the pupil of the test and obtain the prior written permission for the test from the pupil or from the parent of the pupil, where the pupil is a minor;
(n) report promptly any neglect of duty or infraction of the school rules by a pupil to the parent or guardian of the pupil;
(o) promote and maintain close co-operation with residents, industry, business and other groups and agencies of the community;
(p) provide to the Minister or to a person designated by the Minister any information that may be required concerning the instructional program, operation or administration of the school and inform the appropriate supervisory officer of the request;
(q) assign suitable quarters for pupils to eat lunch. R.R.O. 1990, Reg. 298, s. 11 (3); O. Reg. 183/10, s. 3 (1).
(4) A principal shall only make a recommendation to the board under subclause (3) (j) (ii) after warning the teacher in writing, giving the teacher assistance and allowing the teacher a reasonable time to improve. R.R.O. 1990, Reg. 298, s. 11 (4).
(5) A principal of a school,
(a) in which there is a French-language instructional unit as defined in subsection 1 (1) of the Act, who does not hold qualifications to teach in the French language as required by subsection 19 (9) or is qualified to teach in such unit only under subsection 19 (10); or
(b) in which pupils receive instruction in the English language under subsection 290 (5) or 291 (4) of the Act, who does not hold qualifications to teach in the English language as required by subsection 19 (9) or is qualified to teach in each unit only under subsection 19 (10),
shall notify the appropriate supervisory officer in writing of the impracticability of the duty placed on the principal, having regard to the qualifications of the principal, to supervise the instruction, to conduct performance appraisals and to assist and advise the teachers referred to in the notice. R.R.O. 1990, Reg. 298, s. 11 (5); O. Reg. 191/04, s. 5; O. Reg. 183/10, s. 3 (2, 3).
(6) Where arrangements are made under subsection 26 (3), the principal is relieved from compliance with clauses (3) (a), (g), (h) and (i) to the extent that such duties are performed by another qualified person or persons. R.R.O. 1990, Reg. 298, s. 11 (6).
(7) The other qualified person or persons who perform the duties shall be responsible to the board for the performance of such duties. R.R.O. 1990, Reg. 298, s. 11 (7).
(8) The outlines of the courses of study mentioned in clause (3) (c) shall be written and provided,
(a) in the French language in the case of courses of study provided in a French-language instructional unit operated under Part XII of the Act; and
(b) in both the English and French languages in the case of a course of study in a program established in the school under paragraph 25 of subsection 8 (1) of the Act. R.R.O. 1990, Reg. 298, s. 11 (8).
(9) Where, after reasonable notice by the principal, a pupil who is an adult, or the parent of a pupil who is a minor, fails to provide the supplies required by the pupil for a course of study, the principal shall promptly notify the board. R.R.O. 1990, Reg. 298, s. 11 (9).
(10) A principal shall transmit reports and recommendations to the board through the appropriate supervisory officer. R.R.O. 1990, Reg. 298, s. 11 (10).
(11) A principal, subject to the approval of the appropriate supervisory officer, may arrange for home instruction to be provided for a pupil where,
(a) medical evidence that the pupil cannot attend school is provided to the principal; and
(b) the principal is satisfied that home instruction is required. R.R.O. 1990, Reg. 298, s. 11 (11).
(12) The principal of a school shall provide for the prompt distribution to each member of the school council of any materials received by the principal from the Ministry that are identified by the Ministry as being for distribution to the members of school councils. O. Reg. 613/00, s. 1 (1).
(12.1) The principal shall post any materials distributed to members of the school council under subsection (12) in the school in a location that is accessible to parents. O. Reg. 613/00, s. 1 (1).
(13) In each school year, the principal of a school shall make the names of the members of the school council known to the parents of the pupils enrolled in the school, by publishing those names in a school newsletter or by such other means as is likely to bring the names to the attention of the parents. O. Reg. 425/98, s. 1.
(14) The principal shall meet the requirements of subsection (13) in each school year not later than 30 days following the election of parent members of the school council. O. Reg. 613/00, s. 1 (2).
(15) The principal of a school shall promptly provide the names of the members of the school council to a supporter of the board that governs the school or to a parent of a pupil enrolled in the school, on the request of the supporter or the parent. O. Reg. 425/98, s. 1.
(16) The principal of a school shall attend every meeting of the school council, unless he or she is unable to do so by reason of illness or other cause beyond his or her control. O. Reg. 613/00, s. 1 (3).
(17) The principal of a school shall act as a resource person to the school council and shall assist the council in obtaining information relevant to the functions of the council, including information relating to relevant legislation, regulations and policies. O. Reg. 613/00, s. 1 (3).
(18) The principal of a school shall consider each recommendation made to the principal by the school council and shall advise the council of the action taken in response to the recommendation. O. Reg. 613/00, s. 1 (3).
(19) In addition to his or her other obligations to solicit the views of the school council under the Act and the regulations, the principal of a school shall solicit the views of the school council with respect to the following matters:
1. The establishment or amendment of school policies and guidelines that relate to pupil achievement or to the accountability of the education system to parents, including,
i. a local code of conduct established under subsection 303 (1) or (2) of the Act governing the behaviour of all persons in the school, and
ii. school policies or guidelines related to policies and guidelines established by the board under subsection 302 (5) of the Act respecting appropriate dress for pupils in schools within the board’s jurisdiction.
2. The development of implementation plans for new education initiatives that relate to pupil achievement or to the accountability of the education system to parents, including,
i. implementation plans for a local code of conduct established under subsection 303 (1) or (2) of the Act governing the behaviour of all persons in the school, and
ii. implementation plans for school policies or guidelines related to policies and guidelines established by the board under subsection 302 (5) of the Act respecting appropriate dress for pupils in schools within the board’s jurisdiction.
3. School action plans for improvement, based on the Education Quality and Accountability Office’s reports on the results of tests of pupils, and the communication of those plans to the public. O. Reg. 613/00, s. 1 (3).
(20) Subsection (19) does not limit the matters on which the principal of a school may solicit the views of the school council. O. Reg. 613/00, s. 1 (3).
11.1 (1) For the purpose of assisting pupils in their course selection, a principal of a secondary school shall inform the pupils described in subsection (2) of ways to earn a credit that are alternatives to enrolment as a full-time pupil, such as enrolment as a part-time pupil, enrolment in a continuing education course or class, or enrolment in a course of study provided by electronic means, but not including enrolment in a private school. O. Reg. 121/13, s. 1.
(2) The following are the pupils referred to in subsection (1):
1. Any pupil who is enrolled in or seeks to be admitted to the secondary school’s day program and requires less than three credits to qualify for an Ontario secondary school diploma.
2. Any pupil who is enrolled in or seeks to be admitted to the secondary school’s day program and has qualified for an Ontario secondary school diploma. O. Reg. 121/13, s. 1.
12. (1) A board may appoint one or more vice-principals for a school. R.R.O. 1990, Reg. 298, s. 12 (1).
(2) A vice-principal shall perform such duties as are assigned to the vice-principal by the principal. R.R.O. 1990, Reg. 298, s. 12 (2).
(3) In the absence of the principal of a school, a vice-principal, where a vice-principal has been appointed for the school, shall be in charge of the school and shall perform the duties of the principal. R.R.O. 1990, Reg. 298, s. 12 (3).
Principals, Vice-Principals and Teachers in Charge of Schools and Classes Established under Part XII of the Act
13. (1) Where, under section 290 of the Act, more than two classes where French is the language of instruction are established in an elementary school that is not a French-language elementary school, the board that operates the school shall appoint one of the teachers of such classes or a teacher who holds the qualifications required to teach such classes to be responsible to the principal for the program of education in such classes. R.R.O. 1990, Reg. 298, s. 13 (1); O. Reg. 191/04, s. 6 (1).
(2) Where the enrolment in classes established under section 291 of the Act in a secondary school that is not a French-language secondary school is more than seventy-five but not more than 200 pupils, the board that operates the school shall appoint one of the teachers of such classes or a teacher who holds the qualifications required to teach such classes to be responsible to the principal for the program of education in such classes. R.R.O. 1990, Reg. 298, s. 13 (2).
(3) Where, in a secondary school, the enrolment in the classes referred to in subsection (2) is more than 200 pupils, the board shall appoint for such school a vice-principal who is qualified to teach in such classes and who shall be responsible to the principal for the program of education in such classes. R.R.O. 1990, Reg. 298, s. 13 (3).
(4) Despite subsections (1), (2) and (3), where a teacher who does not hold the qualifications referred to in such subsections was, on the 8th day of September, 1978, employed by the board as a teacher or vice-principal, as the case may be, to carry out the responsibility referred to in such subsections, the teacher shall be deemed to be qualified for such position in any elementary or secondary school, as the case may be, operated by that board or its successor board. R.R.O. 1990, Reg. 298, s. 13 (4); O. Reg. 183/10, s. 5.
(5) Subsections (1) to (4) apply with necessary modifications to schools or classes for English-speaking pupils established under sections 290 and 291 of the Act. R.R.O. 1990, Reg. 298, s. 13 (5); O. Reg. 191/04, s. 6 (2).
Teachers in Charge of Organizational Units
14. (1) The organization of a secondary school may be by departments or other organizational units. O. Reg. 95/96, s. 1.
(2) The organization of an elementary school may be by divisions or other organizational units. O. Reg. 95/96, s. 1.
(3) A board may appoint for each organizational unit of an elementary or secondary school a teacher to direct and supervise, subject to the authority of the principal of the school, such organizational unit. O. Reg. 95/96, s. 1.
(4) A teacher appointed under subsection (3) may be appointed to direct and supervise more than one organizational unit. O. Reg. 95/96, s. 1.
15., 16. Revoked: O. Reg. 95/96, s. 1.
Subject and Program Supervision and Co-Ordination
17. (1) A board may, in respect of one or more subjects or programs in the schools under its jurisdiction, appoint a teacher to supervise or co-ordinate the subjects or programs or to act as a consultant for the teachers of the subjects or programs. R.R.O. 1990, Reg. 298, s. 17 (1).
(2) A teacher appointed under subsection (1) shall hold specialist or honour specialist qualifications, if such are available, in one or more of the subjects or programs in respect of which the teacher is appointed. R.R.O. 1990, Reg. 298, s. 17 (2).
(3) Despite subsection (1), a teacher who, on the 8th day of September, 1978, was employed by a board to supervise or co-ordinate a subject or program in its schools or to act as a consultant shall be deemed to be qualified for such position in the schools operated by that board or its successor board. R.R.O. 1990, Reg. 298, s. 17 (3).
18. (1) Subject to the authority of the appropriate supervisory officer, a teacher appointed in a subject or program under section 17 shall assist teachers in that subject or program in maintaining proper standards and improving methods of instruction. R.R.O. 1990, Reg. 298, s. 18 (1).
(2) A teacher appointed under section 17 in performing duties in a school is subject to the authority of the principal of that school. R.R.O. 1990, Reg. 298, s. 18 (2).
Assignment or Appointment of Teachers
19. (1) In assigning or appointing a teacher to teach in a division or to teach a subject in a school, the principal of the school shall have due regard for the provision of the best possible program and the safety and well-being of the pupils. O. Reg. 183/10, s. 6.
(2) No teacher shall be assigned or appointed to teach except in accordance with the qualifications recorded on his or her certificate of qualification and registration or as otherwise provided in this Regulation. O. Reg. 183/10, s. 6.
(3) Despite subsection (2), the following assignments or appointments to teach may be made where a teacher’s certificate of qualification and registration does not indicate the required qualification, if the teacher and principal agree to the assignment or appointment and the appropriate supervisory officer approves it:
1. A teacher whose certificate of qualification and registration indicates a qualification in the primary division, the junior division, the intermediate division in a general education subject listed in Schedule A or the senior division in a general education subject listed in Schedule A may be assigned or appointed to teach in any division or any general education subject.
2. A teacher whose certificate of qualification and registration indicates a qualification to teach in grades 9 and 10 in a technological education subject listed in Schedule B or grades 11 and 12 in a technological education subject listed in Schedule B may be assigned or appointed to teach any technological education subject in grades 9 and 10 or grades 11 and 12. O. Reg. 183/10, s. 6.
(4) An agreement under subsection (3) respecting the assignment or appointment of a teacher to teach in a division or to teach a subject for which he or she does not hold a qualification,
(a) shall not be made in respect of a teacher who holds a transitional certificate of qualification and registration granted under section 14 or 15 of the teachers’ qualifications regulation, or who is deemed to hold a transitional certificate of qualification and registration under subsection 36 (2) of that regulation;
(b) shall not be made so as to permit a teacher whose certificate of qualification and registration indicates a qualification in the primary division, the junior division, the intermediate division in a general education subject listed in Schedule A or the senior division in a general education subject listed in Schedule A to be assigned or appointed to,
(i) teach or be placed in charge of a special education program or class,
(ii) teach French as a second language, or
(iii) teach a class for pupils who are deaf, hard of hearing or blind or have limited vision; and
(c) shall not be made so as to permit a teacher whose certificate of qualification and registration indicates a qualification in grades 9 and 10 in a technological education subject listed in Schedule B or in grades 11 and 12 in a technological education subject listed in Schedule B to be assigned or appointed to,
(i) teach or be placed in charge of a special education program or class, or
(ii) teach a class for pupils who are deaf, hard of hearing or blind or have limited vision. O. Reg. 183/10, s. 6.
(5) A teacher shall not be assigned or appointed to teach or be placed in charge of a class in the primary division, the junior division, the intermediate division in a general education subject listed in Schedule A or the senior division in a general education subject listed in Schedule A, even if the teacher’s certificate of qualification and registration indicates a qualification in a general education subject, unless the teacher holds a qualification in one or more of the divisions. O. Reg. 183/10, s. 6.
(6) A teacher shall not be assigned or appointed to teach or be placed in charge of a special education program or class, even if the teacher’s certificate of qualification and registration indicates a qualification in special education, unless,
(a) the teacher’s certificate of qualification and registration indicates a qualification in the primary division, the junior division, the intermediate division in a general education subject listed in Schedule A or the senior division in a general education subject listed in Schedule A, and the appointment or assignment is to teach or be in charge of,
(i) a special education program or class in the primary division, the junior division, the intermediate division in general education or the senior division in general education, or
(ii) a special education program or class in a secondary school, other than a program or class in general or technological education; or
(b) the teacher’s certificate of qualification and registration indicates a qualification in grades 9 and 10 in a technological education subject listed in Schedule B or in grades 11 and 12 in a technological education subject listed in Schedule B, and the appointment or assignment is to teach or be in charge of,
(i) a special education program or class in technological education, or
(ii) a special education program or class in a secondary school, other than a program or class in general or technological education. O. Reg. 183/10, s. 6.
(7) Whether or not a teacher holds a degree, a teacher may be assigned or appointed to teach cooperative education in a secondary school if the teacher’s certificate of qualification and registration indicates a qualification in the primary division, the junior division, the intermediate division in a general education subject listed in Schedule A, the senior division in a general education subject listed in Schedule A, grades 9 and 10 in a technological education subject listed in Schedule B or grades 11 and 12 in a technological education subject listed in Schedule B. O. Reg. 183/10, s. 6.
(8) Whether or not the teacher holds a degree, a teacher whose certificate of qualification and registration indicates a qualification in grades 9 and 10 in a technological education subject listed in Schedule B or in grades 11 and 12 in a technological education subject listed in Schedule B, may be assigned or appointed to teach guidance and career education in general education in a secondary school if the teacher’s certificate of qualification and registration indicates a qualification in guidance and career education. O. Reg. 183/10, s. 6.
(9) A teacher whose certificate of qualification and registration does not indicate a qualification in a division, a general education subject or a technological education subject entered in the English language shall not be assigned or appointed to teach in classes where English is the language of instruction, and a teacher whose certificate of qualification and registration does not indicate qualifications entered in the French language shall not be assigned or appointed to teach in schools or classes established under Part XII of the Act where French is the language of instruction. O. Reg. 183/10, s. 6.
(10) Despite subsection (9), a teacher who holds qualifications to teach in the intermediate division in a general education subject listed in Schedule A and the senior division in a general education subject listed in Schedule A or grades 9 and 10 in a technological education subject listed in Schedule B or grades 11 and 12 in a technological education subject listed in Schedule B, may be assigned or appointed to teach in either or both of such divisions in classes where either English or French is the language of instruction. O. Reg. 183/10, s. 6.
19.1 (1) A teacher who, on September 8, 1978, was employed by a board to teach French or English as a second language in an elementary or secondary school or industrial arts in an elementary school and who, under subsections 19 (9) and (10) would otherwise not be eligible to be assigned or appointed to teach such subjects, may be assigned or appointed to such a position in elementary or secondary schools, as the case may be, that are operated by that board or its successor board. O. Reg. 183/10, s. 6.
(2) A teacher whose certificate of qualification and registration indicated on August 31, 2010, a qualification in the general education subject of Computer Studies or Business Studies – Data Processing may be assigned or appointed to teach the technological education subject of Computer Technology. O. Reg. 183/10, s. 6.
(3) A teacher who completed, before September 1, 2010, at least two years of successful teaching of locally developed secondary school courses approved by the Ministry of Education related to the technological education subject of Green Industries may be assigned or appointed to teach the technological education subject of Green Industries. O. Reg. 183/10, s. 6.
(4) A teacher who does not hold a degree shall not be assigned or appointed to teach a general education subject in a secondary school except where the teacher’s certificate of qualification and registration indicates a qualification to teach in the primary, junior and intermediate divisions in an elementary school and,
(a) on June 30, 1981, the teacher was teaching in a secondary school; or
(b) on or before October 2, 1981, the teacher was assigned or appointed to teach general studies in a secondary school and on June 30, 1982 was teaching in a secondary school. O. Reg. 183/10, s. 6.
(5) Despite subsections (4) and 19 (5), whether or not a teacher holds a degree,
(a) a teacher whose certificate of qualification and registration indicates a commercial-vocational qualification, or technological education qualifications, in clerical practice, merchandising or warehousing, may be assigned or appointed to teach in a secondary school the portion of business studies that relates to clerical practice, merchandising or warehousing, as the case may be;
(b) a teacher whose certificate of qualification and registration indicates qualifications in technological education in sewing and dressmaking, or textiles and clothing, or home economics may be assigned or appointed to teach in a secondary school the clothing portion of family studies;
(c) a teacher whose certificate of qualification and registration indicates qualifications in technological education in food and nutrition or home economics may be assigned or appointed to teach in a secondary school the food and nutrition portion of family studies; and
(d) a teacher whose certificate of qualification and registration indicates qualifications in technological education in vocational art, instrumental music or vocal music may be assigned or appointed to teach art, instrumental music or vocal music, as the case may be, in general studies in a secondary school. O. Reg. 183/10, s. 6.
(6) If the curriculum referred to in the definition of “general education” or “technological education” has been or is revised, a teacher may be assigned or appointed to teach the subject described in the revised version if he or she holds a qualification recorded on his or her certificate of qualification and registration that is equivalent to a qualification in the subject. O. Reg. 183/10, s. 6.
19.2 The Minister of Education may grant to a board a temporary letter of approval in respect of a teacher for a period specified in the letter if the director of education or other board official authorized by the board submits to the Minister an application in the form directed by the Minister attesting or certifying that,
(a) the board finds it necessary to assign or appoint a teacher to teach a subject, teach in a division or hold a position, and the teacher’s certificate of qualification and registration does not indicate the qualifications required under the Act for teaching the subject, teaching in the division or holding the position; and
(b) the teacher in respect of whom the application is made,
(i) holds a certificate of qualification and registration,
(ii) is considered competent to teach the subject, teach in the division or hold the position, and
(iii) has agreed to the assignment or appointment. O. Reg. 183/10, s. 6.
20. In addition to the duties assigned to the teacher under the Act and by the board, a teacher shall,
(a) be responsible for effective instruction, training and evaluation of the progress of pupils in the subjects assigned to the teacher and for the management of the class or classes, and report to the principal on the progress of pupils on request;
(b) carry out the supervisory duties and instructional program assigned to the teacher by the principal and supply such information related thereto as the principal may require;
(c) where the board has appointed teachers under section 14 or 17, co-operate fully with such teachers and with the principal in all matters related to the instruction of pupils;
(d) unless otherwise assigned by the principal, be present in the classroom or teaching area and ensure that the classroom or teaching area is ready for the reception of pupils at least fifteen minutes before the commencement of classes in the school in the morning and, where applicable, five minutes before the commencement of classes in the school in the afternoon;
(e) assist the principal in maintaining close co-operation with the community;
(f) prepare for use in the teacher’s class or classes such teaching plans and outlines as are required by the principal and the appropriate supervisory officer and submit the plans and outlines to the principal or the appropriate supervisory officer, as the case may be, on request;
(g) ensure that all reasonable safety procedures are carried out in courses and activities for which the teacher is responsible;
(h) co-operate with the principal and other teachers to establish and maintain consistent disciplinary practices in the school;
(i) ensure that report cards are fully and properly completed and processed in accordance with the guides known in English as Guide to the Provincial Report Card, Grades 1-8 and Guide to the Provincial Report Card, Grades 9-12, and in French as Guide d’utilisation du bulletin scolaire de l’Ontario de la 1ère à la 8e année and Guide du bulletin scolaire de l’Ontario de la 9e à la 12e année, as the case may be, both available electronically through a link in the document known in English as Ontario School Record (OSR) Guideline, 2000 and in French as Dossier scolaire de l’Ontario: Guide, 2000, online at www.edu.gov.on.ca/eng/document/curricul/osr/osr.html or www.edu.gov.on.ca/fre/document/curricul/osr/osrf.html;
(j) co-operate and assist in the administration of tests under the Education Quality and Accountability Office Act, 1996;
(k) participate in regular meetings with pupils’ parents or guardians;
(l) perform duties as assigned by the principal in relation to co-operative placements of pupils; and
(m) perform duties normally associated with the graduation of pupils. R.R.O. 1990, Reg. 298, s. 20; O. Reg. 95/96, s. 2; O. Reg. 209/03, s. 1.
Appointment to Teach in the Case of an Emergency
21. (1) Where no teacher is available, a board may appoint, subject to section 22, a person who is not a teacher or a temporary teacher. R.R.O. 1990, Reg. 298, s. 21 (1).
(2) A person appointed under subsection (1) shall be 18 years of age or older and hold an Ontario secondary school diploma, a secondary school graduation diploma or a secondary school honour graduation diploma, or an equivalent to any of them. O. Reg. 29/08, s. 2.
(3) An appointment under this section is valid for ten school days commencing with the day on which the person is appointed. R.R.O. 1990, Reg. 298, s. 21 (3).
Cancelled, Revoked and Suspended Certificates
22. (1) A board shall not appoint a person to teach under section 21 or in accordance with a Letter of Permission if the individual is or has ever been a member of the Ontario College of Teachers. O. Reg. 29/08, s. 3.
(2) A board shall not appoint a person to teach under section 21 or in accordance with a Letter of Permission unless the person has provided to the board a written statement that any teaching certificate or licence granted to him or her by another jurisdiction is not cancelled, suspended or revoked for any reason other than for failure to pay fees or levies to the governing body. O. Reg. 29/08, s. 3.
(3) A person whose teaching certificate is cancelled, revoked or suspended shall not be appointed as a teacher. O. Reg. 29/08, s. 3.
22.1 (1) In this section,
“criminal background check” means, in respect of an individual,
(a) a criminal background check, as defined in Ontario Regulation 521/01 (Collection of Personal Information) made under the Act, of the individual, and
(b) if the individual is a resident of a jurisdiction outside Canada, a document concerning the individual that,
(i) was prepared by a police force or service from national data maintained by,
(A) the jurisdiction if the jurisdiction is a country, or
(B) the country in which the jurisdiction is located if the jurisdiction is not a country,
(ii) was prepared within six months before the day the board collects the document, and
(iii) contains information concerning the individual’s personal history of convictions for criminal offences in the jurisdiction; (“relevé des antécédents criminels”)
“exchange teacher” means an individual appointed or assigned to a position in a board under subsection (2); (“enseignant d’échange”)
“jurisdiction outside Ontario” means a province or territory of Canada, other than Ontario, or a country, state or other territory outside Canada. (“territoire autre que l’Ontario”) O. Reg. 341/10, s. 1.
(2) A board may appoint or assign an individual to a position in the board for up to one year if,
(a) the board is satisfied that the individual has a certificate, licence, registration or other form of official recognition granted or recognized by the teacher regulatory authority in the individual’s jurisdiction that attests that the individual is qualified to practise the teaching occupation in an elementary or secondary school and is in good standing;
(b) the individual is employed as a teacher in a jurisdiction outside Ontario or is employed in a position requiring the individual to be a teacher in that other jurisdiction;
(c) the board has conducted a reference check of the individual with the individual’s employer and is satisfied with the results;
(d) the board has collected a criminal background check of the individual; and
(e) the board has formally agreed to so appoint or assign the individual in exchange for the individual’s employer in the jurisdiction outside Ontario agreeing to appoint a teacher employed by the board to a teaching-related position in that other jurisdiction. O. Reg. 341/10, s. 1.
(3) In assigning or appointing an exchange teacher to a position, a board shall have due regard for the provision of the best possible program and the safety and well-being of the pupils. O. Reg. 341/10, s. 1.
23. (1) A pupil shall,
(a) be diligent in attempting to master such studies as are part of the program in which the pupil is enrolled;
(b) exercise self-discipline;
(c) accept such discipline as would be exercised by a kind, firm and judicious parent;
(d) attend classes punctually and regularly;
(e) be courteous to fellow pupils and obedient and courteous to teachers;
(f) be clean in person and habits;
(g) take such tests and examinations as are required by or under the Act or as may be directed by the Minister; and
(h) show respect for school property. R.R.O. 1990, Reg. 298, s. 23 (1).
(1.1) Clause 23 (1) (c) does not authorize corporal punishment and does not require a pupil to accept corporal punishment. O. Reg. 206/09, s. 2.
(2) When a pupil returns to school after an absence, a parent of the pupil, or the pupil where the pupil is an adult, shall give the reason for the absence orally or in writing as the principal requires. R.R.O. 1990, Reg. 298, s. 23 (2).
(3) A pupil may be excused by the principal from attendance at school temporarily at any time at the written request of a parent of the pupil or the pupil where the pupil is an adult. R.R.O. 1990, Reg. 298, s. 23 (3).
(4) Every pupil is responsible for his or her conduct to the principal of the school that the pupil attends,
(a) on the school premises;
(b) on out-of-school activities that are part of the school program; and
(c) while travelling on a school bus that is owned by a board or on a bus or school bus that is under contract to a board. R.R.O. 1990, Reg. 298, s. 23 (4).
Advertisements and Announcements
24. (1) No advertisement or announcement shall be placed in a school or on school property or distributed or announced to the pupils on school property without the consent of the board that operates the school except announcements of school activities. R.R.O. 1990, Reg. 298, s. 24 (1).
(2) Subsection (1) does not apply to anything posted in the school in accordance with the regulations. O. Reg. 613/00, s. 2.
25. (1) It is the duty of a pupil to ensure that any canvassing or fund-raising activity on school property by the pupil is carried on only with the consent of the board that operates the school. R.R.O. 1990, Reg. 298, s. 25 (1).
(2) No principal, vice-principal or teacher, without the prior approval of the board that operates the school at which they are employed, shall authorize any canvassing or fund-raising activity that involves the participation of one or more pupils attending the school. R.R.O. 1990, Reg. 298, s. 25 (2); O. Reg. 183/10, s. 7.
26. (1) The appropriate supervisory officer, in addition to the duties under the Act, may, during a visit to a school, assume any of the authority and responsibility of the principal of the school. R.R.O. 1990, Reg. 298, s. 26 (1).
(2) Psychiatrists, psychologists, social workers and other professional support staff employed by a board shall perform, under the administrative supervision of the appropriate supervisory officer, such duties as are determined by the board and, where such persons are performing their duties in a school, they shall be subject to the administrative authority of the principal of that school. R.R.O. 1990, Reg. 298, s. 26 (2).
(3) A supervisory officer who is notified under subsection 11 (5) shall forthwith notify the French-language education council or section, English-language education council or section or majority language section of the board, as the case requires, and arrange for,
(a) the provision of supervision of instruction;
(b) assistance and advice to the teachers in respect of whom the supervisory officer was given notice under subsection 11 (5); and
(c) the conducting of performance appraisals, where appropriate, of the teachers in respect of whom the supervisory officer was given notice under subsection 11 (5),
in the language in which the instruction is provided. R.R.O. 1990, Reg. 298, s. 26 (3).
27. Sections 28 and 29 do not apply to a Roman Catholic board or to a Protestant separate school board. O. Reg. 191/04, s. 8.
28. (1) A board may provide in grades one to eight and in its secondary schools an optional program of education about religion. R.R.O. 1990, Reg. 298, s. 28 (1).
(2) A program of education about religion shall,
(a) promote respect for the freedom of conscience and religion guaranteed by the Canadian Charter of Rights and Freedoms; and
(b) provide for the study of different religions and religious beliefs in Canada and the world, without giving primacy to, and without indoctrination in, any particular religion or religious belief. R.R.O. 1990, Reg. 298, s. 28 (2).
(3) A program of education about religion shall not exceed sixty minutes of instruction per week in an elementary school. R.R.O. 1990, Reg. 298, s. 28 (3).
29. (1) Subject to subsections (2) and (3), a board shall not permit any person to conduct religious exercises or to provide instruction that includes indoctrination in a particular religion or religious belief in a school. R.R.O. 1990, Reg. 298, s. 29 (1).
(2) A board may enter into an agreement with a Roman Catholic board that permits the Roman Catholic board to use space and facilities to conduct religious exercises or provide religious instruction for the purposes of the Roman Catholic board. O. Reg. 191/04, s. 9.
(3) A board may permit a person to conduct religious exercises or to provide instruction that includes indoctrination in a particular religion or religious belief in a school if,
(a) the exercises are not conducted or the instruction is not provided by or under the auspices of the board;
(b) the exercises are conducted or the instruction is provided on a school day at a time that is before or after the school’s instructional program, or on a day that is not a school day;
(c) no person is required by the board to attend the exercises or instruction; and
(d) the board provides space for the exercises or instruction on the same basis as it provides space for other community activities. R.R.O. 1990, Reg. 298, s. 29 (3).
(4) A board that permits religious exercises or instruction under subsection (3) shall consider on an equitable basis all requests to conduct religious exercises or to provide instruction under subsection (3). R.R.O. 1990, Reg. 298, s. 29 (4).
Special Education Programs and Services
30. A hearing-handicapped child who has attained the age of two years may be admitted to a special education program for the hearing-handicapped. R.R.O. 1990, Reg. 298, s. 30.
31. The maximum enrolment in a special education class shall depend upon the extent of the exceptionalities of the pupils in the class and the special education services that are available to the teacher, but in no case shall the enrolment in a self-contained class exceed,
(a) in a class for pupils who are emotionally disturbed or socially maladjusted, for pupils who have severe learning disabilities, or for pupils who are younger than compulsory school age and have impaired hearing, eight pupils;
(b) in a class for pupils who are blind, for pupils who are deaf, for pupils who have developmental disabilities, or for pupils with speech and language disorders, ten pupils;
(c) in a class for pupils who are hard of hearing, for pupils with limited vision, or for pupils with orthopaedic or other physical handicaps, twelve pupils;
(d) in a class for pupils who have mild intellectual disabilities, twelve pupils in the primary division and sixteen pupils in the junior and intermediate divisions;
(e) in an elementary school class for pupils who are gifted,
(i) twenty pupils, if the class consists only of pupils in the primary division,
(ii) twenty-three pupils, if the class includes at least one pupil in the primary division and at least one pupil in the junior division or intermediate division, and
(iii) twenty-five pupils, if the class consists only of pupils in the junior division or intermediate division;
(f) in a class for aphasic or autistic pupils, or for pupils with multiple handicaps for whom no one handicap is dominant, six pupils; and
(g) on and after the 1st day of September, 1982, in a class for exceptional pupils consisting of pupils with different exceptionalities, sixteen pupils. R.R.O. 1990, Reg. 298, s. 31; O. Reg. 191/04, s. 10; O. Reg. 29/08, s. 4; O. Reg. 297/08, s. 1.
32. Where it is practical to do so and if the pupil understands American Sign Language or Quebec Sign Language, as the case may be, a teacher or temporary teacher may use American Sign Language or Quebec Sign Language,
(a) in the classroom; and
(b) as a language of instruction and in communications in regard to discipline and management of the school. O. Reg. 258/07, s. 1.
