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Education Act

R.R.O. 1990, REGULATION 304

SCHOOL YEAR CALENDAR, professional activity days

Historical version for the period June 7, 2021 to August 31, 2021.

Last amendment: 417/21.

Legislative History: 664/91, 91/98, 360/06, 579/07, 15/09, 183/09, 13/13, 364/15, 179/20, 125/21, 417/21.

This is the English version of a bilingual regulation.

1. (1) In this Regulation,

“instructional day” means a school day that is designated as an instructional day on a school calendar and upon which day an instructional program that may include examinations is provided for each pupil whose program is governed by such calendar; (“journée d’enseignement”)

“professional activity” includes evaluation of the progress of pupils, consultation with parents, the counselling of pupils, curriculum and program evaluation and development, professional development of teachers and attendance at educational conferences, but does not include preparation by teachers for classes or instruction; (“activité de perfectionnement professionnel”)

“professional activity day” means a school day that is designated as a day for professional activities on a school calendar; (“journée pédagogique”)

“school day” means a day that is within a school year and is not a school holiday; (“jour de classe”)

“school year” means the period prescribed as such by or approved as such under this Regulation. (“année scolaire”)  R.R.O. 1990, Reg. 304, s. 1 (1); O. Reg. 360/06, s. 2.

(2) A board may designate half a school day an instructional program and the remainder of the day for professional activities, but such a day constitutes a half-day in determining the number of instructional days in the school year.  R.R.O. 1990, Reg. 304, s. 1 (2).

2. (1) Subject to section 5, the school year shall commence on or after the 1st day of September and end on or before the 30th day of June. R.R.O. 1990, Reg. 304, s. 2 (1).

(2) Revoked:  O. Reg. 91/98, s. 2 (2).

(3) Revoked:  O. Reg. 91/98, s. 2 (4).

(3.1) Subject to section 5, every school year shall include a minimum of 194 school days designated as follows:

1. Three days shall be designated by the board as professional activity days.

2. In addition to the three days required under paragraph 1, up to four days may be designated by the board as professional activity days.

3. Any school days not designated as professional activity days under paragraphs 1 and 2 shall be instructional days.

4. For the 2013-2014 school year, the minimum of 194 school days shall be designated as follows, despite paragraphs 1 to 3:

i. Five days shall be designated by the board as professional activity days.

ii. In addition to the five days required under subparagraph i, one day may be designated by the board as a professional activity day.

iii. Any school days not designated as professional activity days under subparagraphs i and ii shall be instructional days. O. Reg. 360/06, s. 3; O. Reg. 579/07, s. 1; O. Reg. 13/13, s. 1; O. Reg. 364/15, s. 1.

Note: On September 1, 2021, paragraph 4 of subsection 2 (3.1) of the Regulation is revoked. (See: O. Reg. 417/21, s. 1)

(4) Subject to section 5, the following are school holidays:

1. Every Saturday and Sunday.

2. When the school is open during July, Canada Day.

3. Labour Day.

4. A day appointed by the Governor General or the Lieutenant Governor as a public holiday or for Thanksgiving.

5. A Christmas vacation consisting of fourteen consecutive days commencing on the Monday next following the Friday preceding the 21st day of December, but when the 21st day of December is a Thursday or a Friday, commencing on the Monday next following.

5.1 Family Day, being the third Monday in February.

6. Five consecutive days commencing on the Monday next following the Friday preceding the 14th day of March.

7. Good Friday.

8. Easter Monday.

9. Victoria Day.  R.R.O. 1990, Reg. 304, s. 2 (4); O. Reg. 579/07, s. 2.

(4.1) Despite subsection (4), for the 2020-2021 school year, the following rules apply in respect of days in March, other than Saturdays and Sundays, that were designated as school holidays in a school calendar submitted under section 4 or 5, or as altered under section 6:

1. If March 15 to 19 were designated as school holidays, April 12 to 16 shall instead be designated as school holidays.

2. If five consecutive weekdays in March, other than March 15 to 19, were designated as school holidays, five consecutive weekdays beginning on or after April 19 shall instead be designated as school holidays.

3. If a day in March, other than a day mentioned in paragraph 1 or 2, was designated as a school holiday, the day shall continue to be designated as a school holiday.

4. Every board shall update every school calendar to reflect the changes needed to satisfy the rules set out in paragraphs 1, 2 and 3 and any other changes made to the school calendar.

5. Every board shall notify the Minister and parents concerned of the updates to the school calendar as soon as possible. O. Reg. 125/21, s. 1.

Note: On September 1, 2021, subsection 2 (4.1) of the Regulation is revoked. (See: O. Reg. 417/21, s. 1)

(5) Despite subsection (3.1), but subject to subsection (6), for the 2019-2020 school year the Minister may provide that all or some of the days designated as professional activity days in a school calendar submitted under section 4 or 5, or as altered under section 6, shall be instructional days and not professional activity days. O. Reg. 179/20, s. 1.

Note: On September 1, 2021, subsection 2 (5) of the Regulation is revoked. (See: O. Reg. 417/21, s. 1)

(6) Subsection (5) applies to professional activity days that are scheduled during the period starting on the day following the day Ontario Regulation 179/20 is filed and ending on June 30, 2020, and that have not taken place at the time that the Minister acts under that subsection. O. Reg. 179/20, s. 1.

Note: On September 1, 2021, subsection 2 (6) of the Regulation is revoked. (See: O. Reg. 417/21, s. 1)

3. (1) Revoked:  O. Reg. 91/98, s. 3 (2).

(2) Revoked:  O. Reg. 91/98, s. 3 (4).

(3) Where a school has a policy of granting exemptions to pupils from the writing of examinations, such exemptions may be granted only from the final examinations in a course and only where at least one other set of examinations has been held.  R.R.O. 1990, Reg. 304, s. 3 (3).

(3.1) With respect to every school year after the 1997-1998 school year, a board may designate up to ten instructional days as examination days.  O. Reg. 91/98, s. 3 (5).

(4) The teaching staff shall be in school during regular school hours on examination days and accessible to pupils, unless the board directs otherwise.  R.R.O. 1990, Reg. 304, s. 3 (4).

(5) Despite subsection (3.1), but subject to subsection (6), for the 2019-2020 school year the Minister may provide that all instructional days designated as examination days in a school calendar submitted under section 4 or 5, or as altered under section 6, shall be instructional days, but not examination days. O. Reg. 179/20, s. 2.

Note: On September 1, 2021, subsection 3 (5) of the Regulation is revoked. (See: O. Reg. 417/21, s. 2)

(6) Subsection (5) applies to examination days that are scheduled during the period starting on the day following the day Ontario Regulation 179/20 is filed and ending on June 30, 2020, and that have not taken place at the time that the Minister acts under that subsection. O. Reg. 179/20, s. 2.

Note: On September 1, 2021, subsection 3 (6) of the Regulation is revoked. (See: O. Reg. 417/21, s. 2)

4. (1) In each year every board shall, except in respect of a school or class for which the board has submitted a proposed school calendar under section 5, prepare, adopt and submit to the Minister on or before the 1st day of May in respect of the school year next following, the school calendar or school calendars to be followed in the schools under its jurisdiction, and each such school calendar shall,

Note: On September 1, 2021, subsection 4 (1) of the Regulation is amended by striking out “the 1st day of May in respect of the school year next following” in the portion before clause (a) and substituting “the first day of March in respect of the next school year”. (See: O. Reg. 417/21, s. 3 (1))

(a) state the school or schools in which the calendar is to be followed;

(b) conform to section 2; and

(c) identify each day of the school year as an instructional day, a professional activity day or a school holiday.  R.R.O. 1990, Reg. 304, s. 4 (1).

(2) Revoked:  O. Reg. 183/09, s. 1.

(2.1) If a board designates one or more additional professional activity days under paragraph 2 of subsection 2 (3.1), it shall ensure that some of the professional activities relate to curriculum development, implementation and review.  O. Reg. 360/06, s. 4.

(2.2) For the 2013-2014 school year, if a board designates a professional activity day under subparagraph 4 ii of subsection 2 (3.1), it shall ensure that some of the professional activities relate to curriculum development, implementation and review. O. Reg. 13/13, s. 2.

Note: On September 1, 2021, subsection 4 (2.2) of the Regulation is revoked. (See: O. Reg. 417/21, s. 3 (2))

(3) A school calendar submitted under subsection (1) shall be accompanied by a general outline of the activities to be conducted on the professional activity days identified on the calendar.  R.R.O. 1990, Reg. 304, s. 4 (3).

Note: On September 1, 2021, subsection 4 (3) of the Regulation is revoked. (See: O. Reg. 417/21, s. 3 (2))

4.1 (1) With respect to each professional activity day required under paragraph 1 of subsection 2 (3.1), every board shall,

(a) prepare an agenda that identifies,

(i) the date, location and timing,

(ii) the school or schools participating, and

(iii) the program and scheduled professional activities; and

(b) at least 10 school days before the scheduled professional activity day, make available the agenda by,

(i) posting it on the website of the board and of each participating school that has a website,

(ii) posting it in a conspicuous location in the main office of the board and of each participating school,

(iii) distributing it to the chair of the school council of each participating school, and

(iv) posting or distributing it in any other manner that the board considers appropriate.  O. Reg. 360/06, s. 5 (1).

(2) For the 2013-2014 school year, every board shall take the steps required under clauses (1) (a) and (b) with respect to two of the five professional activity days required under subparagraph 4 i of subsection 2 (3.1). O. Reg. 13/13, s. 3.

Note: On September 1, 2021, subsection 4.1 (2) of the Regulation is revoked. (See: O. Reg. 417/21, s. 4)

4.2 Revoked:  O. Reg. 360/06, s. 5 (2).

5. (1) For one or more schools under its jurisdiction a board may designate a school year and school holidays that are different from those prescribed in section 2 and, where a board does so, the board shall submit to the Minister on or before the first day of March a proposed school calendar for the school year next following in respect of such school or schools, identifying thereon each day of the school year as an instructional day, a professional activity day or a school holiday, and the board may, upon approval thereof by the Minister, implement such school calendar.  R.R.O. 1990, Reg. 304, s. 5 (1).

(2) Where the Minister informs a board that he or she does not approve the school calendar submitted under subsection (1), the board may amend its proposed school calendar and submit to the Minister a revised school calendar and, upon approval thereof by the Minister, the board may implement the revised school calendar.  R.R.O. 1990, Reg. 304, s. 5 (2).

(3) Where a board has submitted a proposed school calendar under subsection (1) and the Minister has not approved on or before the 15th day of April such calendar or a revision thereof submitted under subsection (2), the board shall, on or before the 1st day of May, prepare, adopt and submit to the Minister a school calendar in accordance with section 4.  R.R.O. 1990, Reg. 304, s. 5 (3).

Note: On September 1, 2021, subsection 5 (3) of the Regulation is amended by striking out “in accordance with section 4” at the end and substituting “in accordance with the requirements set out under clauses 4 (1) (a) to (c) and subsection 4 (2.1)”. (See: O. Reg. 417/21, s. 5)

5.1 Every board shall, as soon as practicable after November 30, 2015, update every school calendar for the 2015-2016 school year that was submitted under subsection 4 (1) or 5 (3), or approved and implemented under subsection 5 (1) or (2), to reflect the amendments made to subsection 2 (3.1) on that date requiring an additional professional activity day, and the board shall,

(a) notify the Minister and the parents concerned of the updates to the school calendar as soon as possible; and

(b) along with the notification to the Minister under clause (a), provide the Minister with a general outline of the activities to be conducted on the additional professional activity day. O. Reg. 364/15, s. 2.

Note: On September 1, 2021, section 5.1 of the Regulation is revoked and the following substituted: (See: O. Reg. 417/21, s. 6)

5.1 Despite sections 4 and 5, if, in the opinion of the Minister, an emergency requires that all or part of those sections should not apply with respect to a school year, the following modifications may apply:

1. With respect to a school calendar to which section 4 applies, the board shall submit the school calendar on or before the date specified by the Minister.

2. With respect to a school calendar to which subsection 5 (1) applies, the board shall submit the school calendar on or before the date specified by the Minister and if the Minister does not approve the school calendar on or before the date specified by the Minister for approval, the board shall submit a school calendar in accordance with the requirements set out under section 4 on or before the date specified by the Minister for that submission.

3. If a board submits a school calendar under subsection 5 (1) on or before March 1 and an emergency subsequently arises, the Minister may approve the school calendar or a revision thereof on or before the date specified by the Minister for approval, and if the Minister does not approve the school calendar on or before that date the board shall submit a school calendar in accordance with the requirements set out under section 4 on or before the date specified by the Minister for that submission. O. Reg. 417/21, s. 6.

5.2 The following rules apply in respect of a school calendar for the 2021-2022 school year:

1. For a school calendar that must be submitted in accordance with section 4, the May 1 deadline specified in subsections 4 (1) and 5 (3) does not apply.

2. Every school board shall, except in respect of a calendar referred to in paragraph 3, submit a school calendar in accordance with section 4 by a date to be named by the Minister.

3. Despite subsection 5 (1), a board may, by a date to be named by the Minister, submit a calendar that designates a school year and school holidays different from those prescribed in section 2, and implement the calendar upon approval by the Minister.

4. A school calendar that was submitted under subsection 5 (1) on or before March 1, 2021 and which was not approved by the Minister on or before April 15, 2021, may be approved by the Minister as submitted, or as revised and resubmitted by the board to the Minister, and the board may implement the calendar upon approval by the Minister.

5. If the Minister has not provided approval of a calendar referred to in paragraph 3 or 4 by a date to be named by the Minister for the purposes of this paragraph, the board shall submit a school calendar in accordance with section 4 by the date named by the Minister under paragraph 2. O. Reg. 179/20, s. 3; O. Reg. 125/21, s. 2.

Note: On September 1, 2021, section 5.2 of the Regulation is revoked and the following substituted: (See: O. Reg. 417/21, s. 6)

5.2 With respect to each school calendar submitted under section 4 and each school calendar approved under section 5 or 5.1, the board shall submit to the Minister, on or before August 15, a general outline of the activities to be conducted on the professional activity days identified on the calendar. O. Reg. 417/21, s. 6.

6. (1) Where in the opinion of the board it is desirable to alter the date of a professional activity day or an examination day on a school calendar that has been submitted under subsection 4 (1) or 5 (3), updated under section 5.1 or approved and implemented under subsection 5 (1) or (2), the board may alter the school calendar.  R.R.O. 1990, Reg. 304, s. 6 (1); O. Reg. 364/15, s. 3.

(2) Where, the board alters a school calendar under subsection (1), the board shall notify the parents concerned and the Minister of the altered date as far in advance as possible.  R.R.O. 1990, Reg. 304, s. 6 (2).

(3) The prior approval of the Minister is required for changes other than to the date of a professional activity day or an examination day.  R.R.O. 1990, Reg. 304, s. 6 (3).

(4) Where,

(a) a school or class is closed for a temporary period because of failure of transportation arrangements, inclement weather, fire, flood, a breakdown of the school heating plant or a similar emergency, or a school is closed under the Health Protection and Promotion Act or the Education Act; and

(b) the school calendar is not altered under subsection (1),

the day on which the school or class is closed remains an instructional day or a professional activity day, as the case may be, as designated on the school calendar applicable to such school or class.  R.R.O. 1990, Reg. 304, s. 6 (4).

7. (1) Every board shall publish annually its school calendar or school calendars and ensure that copies thereof are available at the beginning of the school year for the information of parents and pupils.  R.R.O. 1990, Reg. 304, s. 7 (1).

(2) A school calendar or school calendars published under subsection (1) shall, in addition to the information required to be listed under subsection 4 (1), indicate in a general manner the activities to be conducted on professional activity days.  R.R.O. 1990, Reg. 304, s. 7 (2).

8. In each year, every board shall undertake an annual evaluation of the activities of the professional activity days of the previous year and retain such evaluations on file.  R.R.O. 1990, Reg. 304, s. 8.

9. (1) A Remembrance Day service shall be held in every school on the 11th day of November or, when the 11th day of November is a Saturday or a Sunday, on the Friday preceding the 11th day of November.  R.R.O. 1990, Reg. 304, s. 9 (1).

(2) Subsection (1) does not apply where the school participates in a service of remembrance at a cenotaph or other location in the community.  R.R.O. 1990, Reg. 304, s. 9 (2).

Schedule 1 Revoked:  O. Reg. 183/09, s. 2 (2).