The Ontario Government has introduced Bill 101, the Putting Student Achievement First Act, 2026, proposing wide-ranging changes to the governance, oversight, and labour relations framework for school boards across the province. If enacted, the legislation will amend several education statutes with the stated goal of strengthening accountability and supporting student outcomes. For school boards, the proposed changes signal a shift toward more centralized oversight and revised leadership structures.
Below is a summary of the most impactful changes proposed in the legislation.
Restructuring Executive Leadership: The New CEOs
A key feature of the Bill is the proposal to amend the Education Act to change the executive leadership structure for English-language district school boards. The current Director of Education (“Director”) role will be restructured into two “CEO” roles: the Chief Executive Officer and the Chief Education Officer. If the Bill is passed as written, the Director at English-language district school boards will be the Chief Executive Officer, but not the Chief Education Officer.
The Chief Executive Officer will be primarily responsible for the financial and operational oversight of the school board. They will be required to hold business qualifications, to be prescribed by regulation. Notably, the Director (i.e. Chief Executive Officer) will be a member of the board of trustees and its committees, but is not entitled to have a binding vote on the board or its committees; however, the Minister may prescribe circumstances where a board resolution or motion requires the Director’s confirmation. The legislation proposes that the Director may not be dismissed without the prior written approval of the Minister of Education, introducing a new level of provincial involvement in such decisions.
The Chief Education Officer will focus on student achievement and pedagogical responsibilities. They must be a member of the Ontario College of Teachers or hold equivalent qualifications. The Chief Education Officer will be appointed by the Director. The Director may also be appointed as Chief Education Officer.
Increased Ministerial Oversight for Trustees
The legislation also proposes the introduction of strict parameters on how school boards operate, spend, and manage assets, thus narrowing trustee autonomy. Some examples include:
- Trustee Composition (Minimum and Maximum Limits): The number of elected trustees on a school board will be determined by regulation and restricted to a minimum of five (5) and a maximum of twelve (12).
- Expense Policies: The Minister of Education (“Minister”) will be granted the authority to establish binding policies governing school board expenses, including setting limits on discretionary spending, travel, meals, hospitality expenses, and requiring trustees to pay out-of-pocket for certain external organization memberships.
- Communications Policies: The Minister will be granted the power to establish “policies and guidelines” related to a school board’s public communications.
- Property Management: The Minister’s approval will be required before a school board acquires, expropriates, or makes significant additions or alterations to school sites. If a school board fails to comply with provincial policies regarding building projects, the Minister can issue binding directions, force the sale of the property, or appoint a third party to take over the management of the construction or repair project.
- Expanded Control over Budgets: The Minister will also have expanded authority to make regulations concerning a school board’s budget and prohibit a school board from using revenue for specified purposes.
Overhaul of Central Bargaining
Schedule 5 of Bill 101 proposes notable changes to the School Boards Collective Bargaining Act, 2014, by designating the Council of Ontario Directors of Education (“CODE”) as the central employer bargaining agency, replacing both the Ontario Public School Boards’ Association (“OPSBA”) and the Ontario Catholic School Trustees’ Association (“OCSTA”). This shift transfers the employer-side bargaining mandate from trustee-led associations to an agency led by professional school board staff.
A specific committee will be established within CODE to oversee and direct its activities as the employer bargaining agency. The Minister is granted broad powers to mandate cooperation, order the transfer of records and funds, and override decisions made by the former associations that might frustrate the transition.
While OCSTA loses its role as the central bargaining agency, it retains the right to observe central bargaining where the employee bargaining agency represents one or more bargaining units at a Catholic board. In such cases, OCSTA may formally object to proposals that prejudicially affect denominational rights, potentially shifting those specific issues to local bargaining.
Employer Takeaways
Bill 101 represents a decisive move by the province toward greater centralized control. For English-language school boards, the immediate practical impacts will be felt in executive administration and labour relations.
The splitting of the Director role into a business-focused Chief Executive Officer and a pedagogically focused Chief Education Officer, coupled with the new Ministerial veto over Director terminations, will require school boards to carefully review their executive employment contracts, reporting structures, and governance by-laws. Further, the Ministry’s increased authority over the establishment of expense and communication policies may require a review of current policies to ensure consistency.
We will continue to monitor the progress of Bil 101 through the legislature and its impact on the education sector.
Need More Information
For more information or assistance with education law-related matters, please contact Melanie McNaught at mmcnaught@filionlaw.com, Jessica Krueger at jkrueger@filionlaw.com, or your regular lawyer at the firm.