Legislation in Focus
Bill 98: Better Schools and Student Outcomes Act, 2023
Passed by the Ontario Legislature on June 8, 2023, Bill 98 made sweeping changes to the Education Act. It significantly expanded the Minister of Education's authority over school boards while introducing new constraints on elected trustees.
Bill 98 received Royal Assent on June 8, 2023. It amends the Education Act, the Early Childhood Educators Act, and the Ontario College of Teachers Act. The legislation has direct implications for how school boards are governed, how trustees may act, and what role parents play in curriculum and planning decisions.
Schedule 2 — Education Act
Expanded Ministerial Powers
Bill 98 grants the Minister of Education broad new authority to direct school board operations. These powers represent a significant shift of control away from locally elected trustees and toward the provincial government.
Provincial Priorities Override
The Minister may prescribe "provincial priorities in education" for student achievement and require all 72 school boards to comply with related policies and guidelines (s. 11.2, s. 8(1)(0.1)).
Curriculum Review Control
The Minister may issue guidelines governing how and when curriculum is reviewed and revised, including requiring revisions to be informed by experts on pedagogy and labour market needs (s. 8(1)(3)(a.1)).
Mandatory Training for Trustees
The Minister may set policies and guidelines prescribing the content, timing, and frequency of training that board members, directors of education, and supervisory officers must complete (s. 8(1)(3.4.1)).
School Property Disposals
The Minister may direct a board to sell, lease, or otherwise dispose of a school site or property if it is not needed to meet the board's current or projected pupil accommodation needs for the next 10 years (s. 194(6)).
Support Personnel Assignment
Where the Minister is unsatisfied with a board's multi-year plan or its progress in implementing that plan, the Minister may assign support personnel to work with the board. The board has a duty to co-operate (s. 169.1(6)-(7)).
Parent Communication Standards
The Minister may establish policies governing how boards communicate with parents and guardians, including requiring boards to develop protocols for responding to parent inquiries and to make those protocols publicly available (s. 8(1)(27.3)).
Sections 218.2 – 218.3.3
Reduced Trustee Authority
Bill 98 introduces a new code of conduct regime for elected trustees, with enforcement powers that can restrict their ability to participate in board governance.
Mandatory Codes of Conduct
Every board must adopt a code of conduct applying to all trustees. The Minister may prescribe codes of conduct or parts of codes by regulation, effectively setting the standards trustees must meet (s. 218.2).
Integrity Commissioner Investigations
Alleged breaches of the code of conduct are referred to an integrity commissioner appointed from a roster created by the Minister. The commissioner has powers to require production of records and compel testimony (s. 218.3).
Sanctions Against Trustees
If a breach is found, the integrity commissioner may censure a trustee, reduce their honorarium, bar them from attending board meetings for up to 90 days, remove them from committees, or bar them from serving as chair or vice-chair (s. 218.3.1).
Restricted Meeting Access
A trustee barred from a meeting is not entitled to receive any materials related to that meeting that are not available to the general public — effectively excluding them from board deliberations (s. 218.3.1(4)).
Implications for Families
What Bill 98 Means for Parents
Bill 98 includes some provisions that create new obligations for boards to communicate with parents. However, critics note that these obligations are directed by the Minister rather than driven by parents themselves, and that the legislation does not give parents binding authority over curriculum or board decisions.
Mandatory Parent Meetings
Boards must meet with parents within the first two months of each school year to discuss the multi-year plan, and again in the last two months to report on progress. These meetings must include spending information and allow parents to participate (s. 169.1(4)).
Parent Communication Protocols
Boards must develop and publish protocols for responding to parent and guardian inquiries. The Minister sets the standards; boards must comply and make the protocols publicly available (s. 8(1)(27.3)).
No Binding Parent Authority
Despite the new communication requirements, Bill 98 does not grant parents binding authority over curriculum decisions, school policies, or board budgets. Parent councils remain advisory bodies.