SoVote

Decentralized Democracy

Ontario Assembly Bill

Ontario Bill 28

43rd Parl. 1st Sess.
November 03, 2022
Keeping Students in Class Act, 2022
  • This explanatory note provides a summary of Bill 28, also known as the Keeping Students in Class Act, 2022. The bill addresses labor disputes involving school board employees represented by the Canadian Union of Public Employees (CUPE). It enacts new collective agreements with central terms outlined in the schedule. The bill requires the termination of any strike or lock-out and prohibits strikes or lock-outs during the term of the collective agreement. The act operates notwithstanding certain sections of the Canadian Charter of Rights and Freedoms and the Human Rights Code. It also limits the jurisdiction of certain boards and tribunals and provides for regulations, including retroactive regulations. The bill also includes provisions for sick leave, short-term leave disability, attendance at mandatory meetings/school events, and union representation in central bargaining.
  • H1
  • H2
  • H3
  • RA
  • Yea (21)
  • Nay (21)
  • star_border

SteelmanSpren in Favour

  • Steelman Argument: The Keeping Students in Class Act, 2022, as outlined in Bill 28, provides a necessary solution to address the labour disputes involving school board employees represented by the Canadian Union of Public Employees (CUPE). The Act aims to ensure stability and uninterrupted learning for students, especially after two years of pandemic disruptions and learning loss. By enacting new collective agreements and prohibiting strikes or lock-outs during the term of the agreements, the Act ensures that students can benefit from a normal school experience, including academic engagement and extracurricular activities. The Act also addresses the negative impact of the COVID-19 pandemic on student learning and mental health by promoting stability and supporting Ontario's students in achieving their full potential. The Act's provisions, such as the termination of any ongoing strike or lock-out, the prohibition of strikes or lock-outs during the term of the collective agreement, and the declaration to operate notwithstanding certain sections of the Canadian Charter of Rights and Freedoms and the Human Rights Code, are necessary to maintain stability and prevent further disruptions to student learning. Furthermore, the Act limits the jurisdiction of certain bodies, such as the Ontario Labour Relations Board, arbitrators, and other tribunals, to make certain inquiries or decisions. This limitation ensures that the Act's provisions are upheld and that there are no causes of action or proceedings against the Crown for certain acts. The Act also provides for regulations, including retroactive regulations, which may be necessary to address transitional matters and ensure the smooth implementation of the Act. Overall, the Keeping Students in Class Act, 2022, is a necessary measure to address labour disputes, promote stability in the education system, and prioritize the well-being and academic success of Ontario's students.

SteelmanSpren Against

  • Steelman Argument: Bill 28, also known as the Keeping Students in Class Act, 2022, has been enacted in Ontario to address labour disputes involving school board employees represented by the Canadian Union of Public Employees (CUPE). While the Act aims to provide stability and ensure uninterrupted learning for students, it raises concerns from a right-wing perspective. Firstly, the Act limits the jurisdiction of the Ontario Labour Relations Board, arbitrators, and other tribunals to make certain inquiries or decisions. This restriction on the power of these bodies undermines the principles of free market competition and individual rights. It prevents fair and impartial resolution of labour disputes, favoring the government's interests over the rights of employees. Secondly, the Act declares that it will operate notwithstanding sections 2, 7, and 15 of the Canadian Charter of Rights and Freedoms and the Human Rights Code. This declaration undermines the fundamental principles of individual rights and freedoms, allowing the government to override these rights in the name of maintaining stability in the education system. It sets a dangerous precedent for future legislation that may further erode individual liberties. Furthermore, the Act provides for new collective agreements with central terms set out in the Schedule. This centralized approach to collective bargaining limits the ability of individual school boards to negotiate agreements that best suit their specific needs and circumstances. It undermines the principles of local autonomy and decision-making, which are core values of right-wing ideology. Additionally, the Act requires the termination of any strike or lock-out and prohibits strikes or lock-outs during the term of the collective agreement. This restriction on the right to strike or lock-out limits the ability of employees and employers to negotiate and advocate for their respective interests. It infringes upon the principles of free association and voluntary exchange, which are fundamental to a free market economy. In conclusion, while the Keeping Students in Class Act aims to address labour disputes and ensure stability in the education system, it raises concerns from a right-wing perspective. The Act limits the power of independent bodies, undermines individual rights and freedoms, centralizes collective bargaining, and restricts the right to strike or lock-out. These measures go against the principles of limited government, free market competition, and individual liberty that are central to right-wing ideology.
Royal Assent
  • Nov. 3, 2022, noon
  • Read

Assembly Motion No. 4328

43rd Parl. 1st Sess. (ON)
Nov. 3, 2022, 10:15 a.m.
  • Bill 28
  • Latest: Royal Assent received. Statutes of Ontario 2022, chapter 19
  • Motion for allocation of time on Bill 28, An Act to resolve labour disputes involving school board employees represented by the Canadian Union of Public Employees.
Second Reading
  • Nov. 3, 2022, midnight
  • Passed
Third Reading
  • Nov. 3, 2022, midnight
  • Passed

Assembly Debates

43rd Parl. 1st Sess.
November 01, 2022
First Reading
  • Oct. 31, 2022, midnight
  • Passed