Proposed legislation would give the Ontario government oversight of all capital projects, including repairs and upgrades in existing buildings, within the public school system. A package of amendments to the provincial Education Act in the newly introduced Bill 101 also opens the way for the appointment of third party project managers to whom school boards would be compelled to relinquish control if the Minister deems such intervention is necessary.
School boards are already required to obtain the Ministry of Education’s approval to acquire or expropriate land. They may also be subject to prescribed policies for constructing new schools or making additions/alterations to existing structures if that involves: facilities housing natural science or other outside-the-classroom programs; or shared facilities with a user other than a child care centre, another school board or a municipality.
The provincial government is now preparing to impose policies, through regulation, for a much broader range of activities. The proposed amendments indicate this “may require a board to give notice to the Minister or obtain the Minister’s approval in respect of an addition to, or erection, alteration, improvement or repair of, a building or any step in such work.”
An explanatory overview of Bill 101’s slate of measures states: “Several school boards have had budget overruns, delays or have not followed procedures in the delivery of capital projects, requiring ministry intervention or even supervision.” New regulations are touted as a means to “support the responsible use of public funds and help ensure new schools, expansions and renovations are delivered efficiently across the province”.
Running afoul of the rules, which would be set out in future regulations, could get school board administrators sidelined from their projects. As proposed, an outside overseer could be delegated to step in on the Ontario government’s behalf if it’s determined a school board “has not complied or is unlikely to comply” with provincial directives. Alternatively, school boards could simply be instructed to explain and demonstrate how they will get on track with the rules, or the Minister could sell or “otherwise dispose” of project sites and/or buildings undergoing work.
In cases where third-party project managers are appointed, such entities would have authority to control the project budget, enter into or terminate contracts, alter or outright cancel any element of the project, communicate directly with the “school community” and undertake other responsibilities the Ontario government may assign. In turn, school boards would be expected to cooperate with and heed directions from the provincial appointee.
Boards may also be required to cover fees and “reasonably incurred” expenses related to the transition to a third-party manager, the sale/disposal of a site or building, or the preparation of compliance plans.
The public can comment on the proposed amendments via Ontario’s regulatory registry until May 13, 2026.
