On October 31, 2022, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022 (Bill 28 or the Bill) which, if passed, would enact and implement new central terms for collective agreements between the Council of Trustees’ Associations and the Canadian Union of Public Employees (CUPE). These collective agreements would have a term of nearly four years, commencing on the date the Bill receives Royal Assent and expiring on August 31, 2026.

Text of Bill 28

Bill 28 includes additional terms beyond implementing the new central terms of the collective agreements between the Council of Trustees’ Association and CUPE. In particular, section 5 would provide that the local terms of the collective agreement that expired on August 31, 2022 would continue to apply, with the exception of local terms that have the effect of limiting the employer’s ability to implement a program to support employee attendance. Such local terms would be null and void.

In order to insulate the Bill from constitutional challenge, the Ontario government has invoked the “notwithstanding” clause of the Canadian Charter of Rights and Freedoms, stating that the Bill operates notwithstanding sections 2, 7, and 15 of the Canadian Charter of Rights and Freedoms. The Bill would also apply despite the Ontario Human Rights Code.

Section 6 of the Bill would have the effect of terminating any strike or lockout that may be in effect before the Bill receives Royal Assent. If the Bill receives Royal...

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