Regulation - Minister

The Education Act Regulation: Trustee Code of Conduct Sanctions - Maximum Reduction of Honoraria

Regulation Number(s):
Instrument Type:
Regulation - Minister
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, will expand sanctions for breaches of trustee codes of conduct. When proclaimed, other changes to the act would give an Integrity Commissioner authority to investigate and determine complaints relating to breaches of the trustee code of conduct, and to impose one or more of the range of sanctions set out in section 218.3.1(1) of the Education Act where a trustee is found to have breached the code of conduct. One possible sanction will be the reduction of the trustee's honorarium up to a maximum amount set out in regulation.

School boards establish the annual honoraria to be paid to members of the board ("trustees"), subject to limits set out in O. Reg. 357/06 - "Honoraria for School Board Members" made under the Education Act. There are four components of honoraria that may be paid:
1) a base amount not exceeding $5,900;
2) a maximum enrolment amount determined by the calculation required by the regulation, which considers the size of a school board's student enrolment;
3) an attendance amount of up to $50 that may be paid to a trustee for attending any meeting of a statutory committee of the board; and
4) for geographically large boards, a distance amount of up to $50 may be paid if a trustee travels more than 200km from their residence to attend a meeting of a statutory committee.

It is proposed that the maximum amount by which a trustee's honoraria may be reduced as a sanction for breaching a school board's trustee code of conduct be 25% of a trustee's combined base and enrolment amount for the year of the term of office in which the breach occurred.

The Ministry of Education invites stakeholder input on this proposal. Please submit your comments before the specified comment period closing date.
Analysis of Regulatory Impact:
The Ministry of Education 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 regulations. As part of this consultation, the Ministry of Education is seeking comments and feedback pertaining to the anticipated costs and benefits of implementing this proposed regulation.

The proposed regulation is not expected to have significant fiscal impacts for the provincial government. Mitigations will be identified to offset any costs.
Further Information:
Proposal Number:
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