On May 29, 2025, the Government of Ontario introduced Bill 33, Supporting Children and Students Act, 2025. If passed, Bill 33 will amend the Education Act, Child, Youth and Family Services Act, 2017 (“CYFSA”), Ministry of Training, Colleges and Universities Act, and Ombudsman Act. The second reading debate commenced on June 5, 2025, and was adjourned. We will continue to monitor Bill 33’s progress through the legislative process for any updates or amendments.
The following is a summary of key proposed amendments. For more information and assistance, contact your Sherrard Kuzz LLP lawyer or info@sherrardkuzz.com.
Changes to the Education Act
a. Investigation of a school board’s affairs
Currently
Under Part VIII of the Education Act (sections 230-230.19), the Ministry of Education (“Ministry”) may investigate a school board’s affairs if the Minister of Education (“Minister”) has concerns that a school board is not in compliance with its financial obligations.
Under Bill 33
The Minister will have the power to direct an investigation of a board’s affairs if the Minister has concerns regarding a matter of public interest. A matter of public interest is inclusive of duties related to:
- delivery of education programs
- student achievement and well-being
- financial affairs of a board and its use of resources
- construction, maintenance, management, acquisition and disposition of capital assets
- board governance
- day-to-day management of the board
- engagement of parents and other entities that may have an interest in the activities of a board.
b. Direction to a school board
Currently
If the Minister advises the Lieutenant Governor in Council that a school board is not in compliance with its financial obligations, the Lieutenant Governor in Council may make an order to vest in the Ministry control over the administration of the affairs of the school board.
Under Bill 33
The Minister will be permitted to give direction to a school board to address a matter of public interest, including whether the board, board members, and a director of education are carrying out their duties in an appropriate manner. If the Minister determines a school board has not acted in the public interest, control and charge of a board may be vested in the Minister directly, not through the Lieutenant Governor in Council.
Further, the Minister will be given the power to establish and require a board to comply with policies and guidelines governing school board expense policies.
c. School Resource Officer (“SRO”) program
Currently
The SRO program assigns local police officers in schools on a full-time basis. The objective is to improve school safety and foster positive relations between students and police. However, there are concerns as to the impact of SROs on marginalized communities. At present, a school board has the discretion to collaborate with local police forces on school programming, including whether to implement the SRO program.
Under Bill 33
A school board must work with local police services to provide access to school premises, permit police to participate in school programs and implement SRO programs at schools where local police services offer them.
d. School name
Currently
A school board has the right to choose a school name or change the name of an existing school as per its existing policies and procedures.
Under Bill 33
When a school board opens a new school or changes the name of an existing school, the name of the school will require approval of the Minister.
Changes to the Child Youth and Family Services Act, 2017
a. Disclosure of information to a child and/or young person
Currently
There is no requirement to provide information to a child and/or young person concerning the Ombudsman.
Under Bill 33
A children’s aid society (“CAS”) will be required to provide information to a child and/or young person about the Ombudsman and make the information more accessible, suitable and understandable to them.
b. Review and posting of by-laws
Currently
There is no requirement for a CAS to update its by-laws.
Under Bill 33
A CAS will be required to regularly review and update its by-laws and make them publicly available.
Changes to the Ministry of Training, Colleges and Universities Act
a. Admission criteria
Currently
A college and public university may establish its own criteria with respect to admission standards.
Under Bill 33
Every college of applied arts and technology, as well as every public university, shall ensure that merit-based criteria is adhered to when assessing an applicant for admission, and shall publish said criteria.
b. Student fees
Currently
Ancillary fees fund student services such as sexual violence centres, food banks, mental health centres, to name a few. Student Unions are responsible for collecting and distributing fees to fund student services.
Under Bill 33
Bill 33 will increase ministerial oversight and regulate ancillary student fees that every college of applied arts and technology and public university may charge to a student or require a student to pay.
Changes to the Ombudsman Act
a. Expanding Ombudsman Act in relation to CYFSA
As noted above, the Ombudsman’s role and function will be expanded in relation to services provided under the CYFSA. The Ombudsman is responsible for investigating complaints made against a CAS and licensed residential service providers.
We will continue to monitor Bill 33 and will keep our clients and readers apprised. To learn more and for assistance, contact your Sherrard Kuzz LLP lawyer or info@sherrardkuzz.com.
The information contained in this article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This article is current as of July 3, 2025 and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the presentation/article is prepared but may become outdated as laws or policies change. For clarification or for legal or other professional assistance please contact Sherrard Kuzz LLP.
