Ontario Regulation 306/24, established under the Education Act, outlines the framework for appointing integrity commissioners and the procedural guidelines for addressing alleged breaches of the code of conduct in educational boards. This regulation is significant for promoting accountability and integrity within educational institutions. It begins with clear definitions of key terms, such as “appellant,” which refers to the party appealing the integrity commissioner’s determination, and “respondent,” the party responding to the appeal. The regulation specifies that integrity commissioners must possess at least three years of relevant experience in roles like judicial adjudicators or investigators. They must also demonstrate an understanding of professional ethics and the principles of natural justice, alongside knowledge of rights under the Canadian Charter of Rights and Freedoms and the Constitution Act, 1867.

Different qualifications are required for integrity commissioners based on the type of school board. For example, commissioners for English-language public boards must meet general qualifications, while those for English-language Roman Catholic boards must also be supporters of the board. Similar criteria apply for integrity commissioners appointed by Protestant separate and French-language school boards. The regulation delineates the process for notifying alleged breaches of a board’s code of conduct, requiring notifications to be sent to the appropriate board member depending on the nature of the complaint—such as notifying the vice-chair if the complaint involves the chair.

The timeframe for referring an alleged breach to an integrity commissioner is set at 20 business days, during which the commissioner can define the scope of the investigation based on the referral. An appellant must provide a written notice of appeal within 15 business days of receiving the integrity commissioner’s determination. Afterward, a panel of three integrity commissioners is appointed within another 15 business days, with one commissioner designated as the chair to coordinate the hearing. The regulation specifies that the panel will hear appeals in writing, establishing timelines for submissions from both the appellant and the respondent. The appellant must submit written arguments within 20 business days of being notified about the panel’s appointment, while the respondent must reply within the same timeframe after receiving the appellant’s submissions. The appellant is granted an additional 10 business days to respond to the respondent’s submissions, and the chair of the panel may grant extensions for these timelines if necessary.

This regulation is a crucial step toward improving the integrity and accountability of educational governance in Ontario, ensuring that allegations of misconduct are handled fairly and transparently, thereby fostering trust within the educational community. In summary, Ontario Regulation 306/24 establishes a structured process for addressing breaches of conduct in educational boards. By outlining qualifications for integrity commissioners, notification procedures, appeal processes, and decision-making frameworks, the regulation aims to uphold the principles of accountability and ethical conduct within Ontario’s education system.

Ontario (305/24) August 17, 2024