Regulation - Minister

New Regulation under The Education Act: Schools on a Shared Site

Regulation Number(s):
Instrument Type:
Regulation - Minister
Bill or Act:
The Education Act
Summary of Proposal:
In areas of existing and planned high-density development, there may be limited site options for school boards to build new schools. Where there is availability, sites may also be very expensive. To address these challenges, school boards may wish to explore non-traditional and innovative ways to build schools. One example of this would be locating a new school in the podium of a high-rise building where the site is shared amongst multiple parties.

Section 196 of the Education Act currently applies to this type of property acquisition but does not address the changing needs of school boards and of the province in a timely manner and would be repealed.

Section 195 of the Education Act was amended by the Better Schools and Student Outcomes Act, 2023. Once proclaimed, subsections 195(1.5) and 195(1.6) of the Act would allow for the making of regulations for acquisitions of a school site for pupil accommodation that will not be occupied or used exclusively by a school board, or exclusively with another school board, municipality, or child care center. The acquisition of a school site could include both land and/or premises.

The new regulation would set out the conditions that school boards are required to meet and hold the ministry and the school boards accountable.

The proposed new regulation under this section of the Act could include prescribing the:

• Circumstances under which a school board shall give notice to the Minister or require approval from the Minister for the acquisition of land or premises for a school to be shared with other entities.
• The specific types of notices and approvals needed to proceed with the acquisition.
• Timelines associated with providing notices and obtaining approvals.
• Criteria for obtaining approvals.

This proposed regulation would not apply to school sites that will be shared exclusively with another school board, municipality, or child care center.
Analysis of Regulatory Impact:
The proposed regulatory amendments are not expected to create significant, additional administrative requirements for school boards and are supported by funding already provided by the Ministry of Education for capital planning capacity purposes.
Further Information:
Proposal Number:
Posting Date:
September 19, 2023
Comments Due Date:
October 19, 2023
Contact Address:
Ministry of Education
315 Front St. W.
9th Floor
Toronto, ON M5V 2A4