Regulation - LGIC
The Education Act New Regulation: Integrity Commissioner Qualifications & Code of Conduct Complaint Process
Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Education Act
Summary of Proposal:
Amendments were made to the Education Act by the Better Schools and Student Outcomes Act, 2023 (the Act) which received Royal Assent on June 8, 2023. The changes, once proclaimed, are intended to ensure effective governance and leadership across all school boards for the successful delivery of provincial education priorities.
The amendments include establishing an impartial Integrity Commissioner-led process for resolving school board trustee code of conduct complaints in a fair, timely and transparent manner. These provisions are effective upon proclamation.
To support these provisions in the Education Act, the Ministry of Education is seeking input from stakeholders on a proposed new regulation which would establish minimum qualifications for Integrity Commissioners (ICs) appointed by school boards to investigate code of conduct complaints, as well as establish the Integrity Commissioner-led processes and procedural requirements to address code of conduct complaints.
Proposed regulations would establish the following:
1. IC Roster
Information
Section 218.3(4) of the Education Act, once proclaimed, will enable the Minister to create a roster of ICs, following consultation with the trustees' associations.
Proposal
The ministry proposes to procure the services of an executive search firm to conduct a search for,
and recommend qualified candidates to, support the creation of an IC roster.
Trustees' associations would be provided an opportunity to review the ministry's proposed list of candidates and provide comments for the Minister's consideration, prior to the Minister finalizing the roster.
The Ministry of Education invites stakeholder input on the following:
• Do you have any recommendations with respect to the criteria to be used in selecting the executive search firm?
2. IC Qualifications
Information
Provisions in section 218.3.3 of the Education Act, to be proclaimed, provides that the Lieutenant Governor in Council may make regulations prescribing the qualifications of ICs.
Proposal
The Ministry proposes the following qualifications:
• Minimum of 3 years' experience in investigation or adjudication, and the application of administrative law principles including the duties of fairness and natural justice, whether as an IC or in a different context.
• Relevant experience related to professional ethics and one or more of workplace investigations, education law, governance, human rights.
• Knowledge of Ontario's publicly funded education sector, as well as the Education Act and applicable regulations and policies.
• For ICs who would serve school boards with denominational and/or French-language rights, the ability to carry out duties in a manner consistent with those rights.
• Experience managing sensitive inquiries and ability to demonstrate impartiality and neutrality, similar to that of an adjudicator, judge, or other independent officer in public service.
• High ethical standards, professionalism and integrity.
• Demonstrated sound judgment and the ability to inspire trust and confidence.
• The ability to manage conflicts of interest, where they arise.
The Ministry of Education invites stakeholder input on the above qualifications.
3. Notice and Referral of Complaint
Information
Once proclaimed, the code of conduct complaint process in the Education Act will provide that a member of a board may give notice of a code of conduct complaint:
• the Director of Education, if the notice relates to the conduct of the Board Chair or Vice-Chair.
• in all other situations, the Board Chair.
Regulations may prescribe that individuals other than the Director of Education or Board Chair receive the notice.
The person receiving the notice of an alleged breach would be required to refer the matter to an IC appointed by the board if the matter were not resolved within 10 days of receiving notice, or within the time prescribed by regulation.
Proposal
This Ministry is proposing:
Notice
That the person receiving notice is as follows:
• The vice-chair if the notice relates to the conduct of the chair.
• A member of the board who is neither the complainant nor the subject of the complaint, if the notice relates to the conduct of both the chair and vice-chair.
• Directors of education to be copied for their information on all notices and subsequent procedural steps.
Referral
• The regulation would require the person receiving the notice of an alleged breach to refer the matter to an Integrity Commissioner appointed by the board if the matter were not resolved within 20 business days of receiving notice.
The Ministry of Education invites stakeholder input on the following:
• The proposal for providing notice of a code of conduct complaint.
• The time limit of 20 business days to resolve the matter at the board level before the matter must be referred to an Integrity Commissioner.
4. Investigation Process
Information
Provisions in section 218.3.3 (g) of the Education Act, once proclaimed, will create a framework for ICs to investigate and decide code of conduct complaints, including giving authority to the IC to require the production of investigation related records, to examine and copy records, and require any officer of the board or any other person to appear before him or her to give evidence. The IC will also be authorized to impose sanctions following the investigation if it has been determined that the member breached the board's code of conduct.
To facilitate the IC's investigation, the Ministry is proposing administrative processes as set out below.
Proposal
Required Content for Notice:
It is proposed that the notice given by the trustee alleging a breach of the code of conduct would be required to include:
• Their name and contact information
• The name and contact information of the trustee whose conduct is the subject of the notice
• The date of the incident(s)
• A description of the incident(s)
• The provision(s) of the code of conduct allegedly breached
Integrity Commissioner Powers and Processes
It is proposed that the IC would be required to:
• Define the scope of the investigation
• Collect information and evidence
• Review and analyze the information and evidence
The Ministry invites stakeholder input on the following:
• Requirements for the Integrity Commissioner-led processes with respect to the investigation and determination of a code of conduct complaint.
5. Appeal Process
Information
Provisions in section 218.3.3(h-i) the Education Act, to be proclaimed, provide for regulations governing appeal hearings and prescribing rules and procedures that shall apply to the hearings. The board or the member who appeals the Integrity Commissioner's determination shall give written notice of the appeal to the other party and the Deputy Minister no later than 14 days after receiving written notice of the Integrity Commissioner's determination, or within such other time-period as may be prescribed by regulation. The Deputy Minister will appoint a panel of three Integrity Commissioners to hear the appeal.
Proposal
The Ministry is proposing the following rules and procedures:
Timelines and Notification
• The board or the member who appeals the Integrity Commissioner's determination shall give written notice of the appeal to the other party and the Deputy Minister no later than 15 business days after receiving the final determination.
• The Deputy Ministry will appoint panel within 15 business days of receiving the notice of appeal; one panel member shall be named to serve as chair of the panel to co-ordinate the hearing of the appeal.
• The Deputy Minister will notify parties of the names of the three panel members and the contact information for the panel chair for the purposes of filing submissions and for communicating with respect to any administrative matters concerning the hearing of the appeal.
• Appellant's written submissions will be due within 20 business days of receipt of notice of the panel appointment.
• Respondent's written response will be due within 20 business days from receipt of the appellant's submission.
• Appellant's written reply to the response will be due within 10 business days from receipt of the appellant's submission.
Appeal Hearings
• Hearing to be in writing only.
• Panel convenes to review all the submissions at such times and such places as they may determine, including by electronic means.
• Decisions of the panel, including interim decisions, will be made in writing and communicated to the parties and the Deputy Minister.
• The decision on the merits of the appeal will include reasons; any dissent will be noted and if reasons are provided for the dissent, they will be included with the decision.
• Panel to render its decision within 30 business days of receipt of final submission, with the possibility of extension.
• The panel may:
• define and narrow the issue to be decided;
• limit the submissions;
• make interim decisions or orders;
• dismiss an appeal as frivolous and vexatious on its own motion and without a hearing;
• refuse to re-open an appeal that it closed without a hearing;
6. Integrity Commissioner Fees
Information
Provisions in section 218.3.3(d) of the Education Act, to be proclaimed, provide authority for regulations prescribing fees to be paid to Integrity Commissioners, or the manner of calculating such fees, and the requirement for school boards to pay these fees.
Proposal
• School boards will be responsible for Integrity Commissioner fees as per their rates for professional services.
The Ministry invites input or recommendations with respect to Integrity Commissioner fees.
The Ministry invites stakeholder recommendations on the key elements with respect to sections 218.3.1 - 218.3.3 of the Education Act. Please submit your comments below with respect to the proposal above before the specified comment period closing date.
The amendments include establishing an impartial Integrity Commissioner-led process for resolving school board trustee code of conduct complaints in a fair, timely and transparent manner. These provisions are effective upon proclamation.
To support these provisions in the Education Act, the Ministry of Education is seeking input from stakeholders on a proposed new regulation which would establish minimum qualifications for Integrity Commissioners (ICs) appointed by school boards to investigate code of conduct complaints, as well as establish the Integrity Commissioner-led processes and procedural requirements to address code of conduct complaints.
Proposed regulations would establish the following:
1. IC Roster
Information
Section 218.3(4) of the Education Act, once proclaimed, will enable the Minister to create a roster of ICs, following consultation with the trustees' associations.
Proposal
The ministry proposes to procure the services of an executive search firm to conduct a search for,
and recommend qualified candidates to, support the creation of an IC roster.
Trustees' associations would be provided an opportunity to review the ministry's proposed list of candidates and provide comments for the Minister's consideration, prior to the Minister finalizing the roster.
The Ministry of Education invites stakeholder input on the following:
• Do you have any recommendations with respect to the criteria to be used in selecting the executive search firm?
2. IC Qualifications
Information
Provisions in section 218.3.3 of the Education Act, to be proclaimed, provides that the Lieutenant Governor in Council may make regulations prescribing the qualifications of ICs.
Proposal
The Ministry proposes the following qualifications:
• Minimum of 3 years' experience in investigation or adjudication, and the application of administrative law principles including the duties of fairness and natural justice, whether as an IC or in a different context.
• Relevant experience related to professional ethics and one or more of workplace investigations, education law, governance, human rights.
• Knowledge of Ontario's publicly funded education sector, as well as the Education Act and applicable regulations and policies.
• For ICs who would serve school boards with denominational and/or French-language rights, the ability to carry out duties in a manner consistent with those rights.
• Experience managing sensitive inquiries and ability to demonstrate impartiality and neutrality, similar to that of an adjudicator, judge, or other independent officer in public service.
• High ethical standards, professionalism and integrity.
• Demonstrated sound judgment and the ability to inspire trust and confidence.
• The ability to manage conflicts of interest, where they arise.
The Ministry of Education invites stakeholder input on the above qualifications.
3. Notice and Referral of Complaint
Information
Once proclaimed, the code of conduct complaint process in the Education Act will provide that a member of a board may give notice of a code of conduct complaint:
• the Director of Education, if the notice relates to the conduct of the Board Chair or Vice-Chair.
• in all other situations, the Board Chair.
Regulations may prescribe that individuals other than the Director of Education or Board Chair receive the notice.
The person receiving the notice of an alleged breach would be required to refer the matter to an IC appointed by the board if the matter were not resolved within 10 days of receiving notice, or within the time prescribed by regulation.
Proposal
This Ministry is proposing:
Notice
That the person receiving notice is as follows:
• The vice-chair if the notice relates to the conduct of the chair.
• A member of the board who is neither the complainant nor the subject of the complaint, if the notice relates to the conduct of both the chair and vice-chair.
• Directors of education to be copied for their information on all notices and subsequent procedural steps.
Referral
• The regulation would require the person receiving the notice of an alleged breach to refer the matter to an Integrity Commissioner appointed by the board if the matter were not resolved within 20 business days of receiving notice.
The Ministry of Education invites stakeholder input on the following:
• The proposal for providing notice of a code of conduct complaint.
• The time limit of 20 business days to resolve the matter at the board level before the matter must be referred to an Integrity Commissioner.
4. Investigation Process
Information
Provisions in section 218.3.3 (g) of the Education Act, once proclaimed, will create a framework for ICs to investigate and decide code of conduct complaints, including giving authority to the IC to require the production of investigation related records, to examine and copy records, and require any officer of the board or any other person to appear before him or her to give evidence. The IC will also be authorized to impose sanctions following the investigation if it has been determined that the member breached the board's code of conduct.
To facilitate the IC's investigation, the Ministry is proposing administrative processes as set out below.
Proposal
Required Content for Notice:
It is proposed that the notice given by the trustee alleging a breach of the code of conduct would be required to include:
• Their name and contact information
• The name and contact information of the trustee whose conduct is the subject of the notice
• The date of the incident(s)
• A description of the incident(s)
• The provision(s) of the code of conduct allegedly breached
Integrity Commissioner Powers and Processes
It is proposed that the IC would be required to:
• Define the scope of the investigation
• Collect information and evidence
• Review and analyze the information and evidence
The Ministry invites stakeholder input on the following:
• Requirements for the Integrity Commissioner-led processes with respect to the investigation and determination of a code of conduct complaint.
5. Appeal Process
Information
Provisions in section 218.3.3(h-i) the Education Act, to be proclaimed, provide for regulations governing appeal hearings and prescribing rules and procedures that shall apply to the hearings. The board or the member who appeals the Integrity Commissioner's determination shall give written notice of the appeal to the other party and the Deputy Minister no later than 14 days after receiving written notice of the Integrity Commissioner's determination, or within such other time-period as may be prescribed by regulation. The Deputy Minister will appoint a panel of three Integrity Commissioners to hear the appeal.
Proposal
The Ministry is proposing the following rules and procedures:
Timelines and Notification
• The board or the member who appeals the Integrity Commissioner's determination shall give written notice of the appeal to the other party and the Deputy Minister no later than 15 business days after receiving the final determination.
• The Deputy Ministry will appoint panel within 15 business days of receiving the notice of appeal; one panel member shall be named to serve as chair of the panel to co-ordinate the hearing of the appeal.
• The Deputy Minister will notify parties of the names of the three panel members and the contact information for the panel chair for the purposes of filing submissions and for communicating with respect to any administrative matters concerning the hearing of the appeal.
• Appellant's written submissions will be due within 20 business days of receipt of notice of the panel appointment.
• Respondent's written response will be due within 20 business days from receipt of the appellant's submission.
• Appellant's written reply to the response will be due within 10 business days from receipt of the appellant's submission.
Appeal Hearings
• Hearing to be in writing only.
• Panel convenes to review all the submissions at such times and such places as they may determine, including by electronic means.
• Decisions of the panel, including interim decisions, will be made in writing and communicated to the parties and the Deputy Minister.
• The decision on the merits of the appeal will include reasons; any dissent will be noted and if reasons are provided for the dissent, they will be included with the decision.
• Panel to render its decision within 30 business days of receipt of final submission, with the possibility of extension.
• The panel may:
• define and narrow the issue to be decided;
• limit the submissions;
• make interim decisions or orders;
• dismiss an appeal as frivolous and vexatious on its own motion and without a hearing;
• refuse to re-open an appeal that it closed without a hearing;
6. Integrity Commissioner Fees
Information
Provisions in section 218.3.3(d) of the Education Act, to be proclaimed, provide authority for regulations prescribing fees to be paid to Integrity Commissioners, or the manner of calculating such fees, and the requirement for school boards to pay these fees.
Proposal
• School boards will be responsible for Integrity Commissioner fees as per their rates for professional services.
The Ministry invites input or recommendations with respect to Integrity Commissioner fees.
The Ministry invites stakeholder recommendations on the key elements with respect to sections 218.3.1 - 218.3.3 of the Education Act. Please submit your comments below with respect to the proposal above before the specified comment period closing date.
Analysis of Regulatory Impact:
The Ministry is developing a Regulatory Impact Analysis (RIA) of the proposed regulation. An RIA is a process of identifying and assessing the potential benefits and costs of proposed regulation. As part of this consultation, the Ministry is seeking comments and feedback pertaining to the anticipated costs and benefits of implementing this proposed regulation.
The proposed regulation is expected to have some fiscal impacts for the provincial government. Mitigations will be identified to offset any costs, where possible.
The proposed regulation is expected to have some fiscal impacts for the provincial government. Mitigations will be identified to offset any costs, where possible.
Further Information:
Enforcement of code of conduct 218.3
Appeal Process Visual
Proposal Number:
24-EDU003
Posting Date:
February 27, 2024
Comments Due Date:
April 2, 2024
Contact Address:
Education Equity and Governance Secretariat
Ministry of Education
315 Front St. W. 13th Floor | Toronto, ON M7A 0B8
Ministry of Education
315 Front St. W. 13th Floor | Toronto, ON M7A 0B8