ontario regulation 309/26

made under the

Education Act

Made: September 10, 2026
Filed: September 11, 2026
Published on e-Laws: September 11, 2026
Published in The Ontario Gazette: September 26, 2026

Amending O. Reg. 521/01

(COLLECTION OF PERSONAL INFORMATION)

1. Section 1 of the Ontario Regulation 521/01 is amended by adding the following subsection:

(3) An individual is not a service provider for the purposes of this Regulation if the individual is or will be providing care for children at a school site of the board or a school under the jurisdiction of the Minister and is required to obtain a vulnerable sector check in order to provide that care pursuant to the Child Care and Early Years Act, 2014.

2. (1) Subsection 2 (1) of the Regulation is amended by striking out “or” at the end of clause (c) and by adding the following clauses:

(e)  a trustee of the board; or

(f)  a member of a committee referred to in subsection (1.1).

(2) Section 2 of the Regulation is amended by adding the following subsection:

(1.1) For the purposes of clause 2 (1) (f), the committees are the following:

1.  Audit committees established in accordance with Ontario Regulation 361/10 (Audit Committees) made under the Act.

2.  Parent involvement committees established in accordance with Ontario Regulation 612/00 (School Councils and Parent Involvement Committees) made under the Act.

3.  School councils established in accordance with Ontario Regulation 612/00 (School Councils and Parent Involvement Committees) made under the Act.

4.  Special education advisory committees established in accordance with Ontario Regulation 464/97 (Special Education Advisory Committees) made under the Act.

5.  Supervised Alternative Learning Committees established in accordance with Ontario Regulation 374/10 (Supervised Alternative Learning and Other Excusals from Attendance at School) made under the Act.

(3) Paragraph 1 of subsection 2 (3) of the Regulation is amended by adding “Subject to paragraph 1.1” at the beginning of the portion before subparagraph i.

(4) Subsection 2 (3) of the Regulation is amended by adding the following paragraph:

1.1  For an individual described in clause (1) (e) or (f) who became a trustee or a member of a committee, as the case may be, on or after September 1, 2026,

i.  if the individual has not previously had a police record check collected, no later than November 1, 2026,

ii.  if the individual’s most recent police record check was collected on or before September 1, 2021, no later than the date set out in Column 2 of Table 1 to this section opposite the individual’s birth month set out in Column 1, or

iii.  if the individual’s most recent police record check was collected after September 1, 2021, no later than the date set out in Column 2 of Table 2 to this section opposite the individual’s birth month set out in Column 1.

(5) Paragraph 2 of subsection 2 (3) of the Regulation is amended by striking out “board or commences volunteer work or an educational placement with the board, as applicable” at the end and substituting “board, commences volunteer work or an educational placement with the board, becomes a trustee of the board or becomes a member of a committee, as applicable”.

(6) Paragraph 3 of subsection 2 (3) of the Regulation is amended by striking out “an individual continues to be an employee, service provider or volunteer described in subsection (1)” and substituting “an individual described in subsection (1) continues to be an employee, service provider, volunteer, trustee or member of a committee”.

(7) The English version of subsection 2 (4) of the Regulation is amended by striking out “birth month” and substituting “their birth month”.

(8) Section 2 of the Regulation is amended by adding the following subsection:

(4.1) Despite subparagraph 1.1 ii of subsection (3), if an individual’s birth month is April, May, June, July or August and their most recent police record check was collected on or before September 1, 2021, the board shall collect a police record check in respect of the individual no later than the last day of their birth month in the year 2027.

(9) Subsection 2 (5) of the Regulation is amended by striking out “paragraph 1, 2 or 3” and substituting “paragraph 1, 1.1, 2 or 3”.

(10) Subsection 2 (6) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(6) Despite paragraphs 1, 1.1, 2 and 4 of subsection (3), a board may permit an individual described in subsection (1) in respect of whom a police record check has not been collected to commence or continue employment with the board, become or continue as a service provider at a school site of the board, commence or continue volunteer work or an educational placement with the board, become or continue as a trustee of the board or as a member of a committee, as applicable, if,

. . . . .

(11) Subsection 2 (7) of the Regulation is amended by striking out “an individual continues to be an employee, service provider, volunteer or student described in subsection (1)” and substituting “an individual described in subsection (1) continues to be an employee, service provider, volunteer, student, trustee or member of a committee, as applicable”.

3. Section 3 of the Regulation is amended by striking out “or” at the end of clause (d), by adding “or” at the end of clause (e) and by adding the following clause:

(f)  a member of a school council at a school under the jurisdiction of the Minister.

Commencement

4. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le ministre de l’Éducation,

Paul Calandra

Minister of Education

Date made: September 10, 2026
Pris le : 10 septembre 2026