On November 20, 2025, the provincial government passed the Supporting Children and Students Act, 2025,[1] which made several changes to the Education Act (the “Act”). One change included the addition of section 170.0.2, which requires every school board to work with its local police service, in prescribed circumstances, to:
- Provide the police with access to school premises;
- Permit the police to participate in school programs; and
- Implement school resource officer programs where such programs are available.[2]
School boards are required to perform these duties in accordance with any regulations and any policies or guidelines established under section 301(7) of the Act (which promote the safety of pupils).[3] The section grants the Lieutenant Governor in Council regulation-making powers to prescribe such circumstances and to govern the manner in which school boards work with local police services.[4]
Recently, the Ministry of Education requested comments on a proposal to create regulations under the new section 170.0.2.[5]
The proposed regulations would prescribe the circumstances in which school boards must provide local police services with access to school premises and to participate in school programs. These circumstances are activities, events and programs in which police participation may be expected or desired, and include safety programs and training, youth engagement or mentorship programs, career days, and school resource officer programs.[6] They also include a broad category of “[...] any other activity or event involving parents, guardians or other members of the community being provided with access to the school premises.”[7]
School boards would be required to permit police to access and participate in activities, events, or programs located off school premises,[8] but would not be required to permit police participation in the prescribed circumstances that are not being delivered by the boards.[9] School boards would not be able to make police participation conditional on the boards’ approval of any material.[10] Additionally, the requirements for police access and participation would apply whether or not police are in uniform.[11]
The proposed regulations would also require school boards to implement school resource officer programs when they are offered by local police services.[12] In such circumstances, school boards would be required to enter into memoranda of understanding (“MOUs”) with the local police services to implement the program, ensure students and parents/guardians are made aware of it, and engage students, parents and community members to inform its the implementation.[13]
The MOUs would be required to set out details of how school boards will work collaboratively with police to:
- Ensure that the police build and maintain positive relationships with students and school communities;
- Share general information about the school population and local community with school resource officers;
- Ensure that students, parents and guardians are made aware of the program and related presentations or workshops; and
- Involve students and parents/guardians in the implementation of the program.[14]
The proposed regulations also indicate that a school board would be deemed to have performed the duties if it makes good faith efforts to work with its local police services and the police have not “reasonably participated.”[15]
The Ombudsman of Ontario made submissions to the Ministry of Education on this matter, proposing several measures to ensure that there is clear information for parents, students, staff and other members of the public about how to address concerns related to the increased participation of police officers in school settings. The Ombudsman’s submissions may be found here: https://www.ombudsman.on.ca/en/our-work/submissions-government/submission-ministry-education-regarding-local-police-services-access-school-premises-and-programs
About the Author
Jonathan (Yoni) Glasenberg is Legal Counsel at the Office of the Ontario Ombudsman, and has previously worked as Crown Counsel for the Ministry of the Attorney General of Ontario’s Crown Law Office – Civil.
Any views expressed in this article are that of the writer and not of his employer or the OBA.
[1] SO 2025, c 12 (also known as Bill 33).
[2] Education Act, RSO 1990, c E.2, s 170.0.2(1).
[3] Ibid, s 170.0.2(2).
[4] Ibid, s 170.0.2(3).
[5] Ontario, Ministry of Education, Proposal for regulations under the Education Act, related to school boards and local police services, Consultation Draft, online: <https://www.regulatoryregistry.gov.on.ca/proposal/52954>.
[6] Ibid, s1(1).
[7] Ibid, s 1(2).
[8] Ibid, s 1(3).
[9] Ibid, s 1(2).
[10] Ibid, s 3(2).
[11] Ibid, s 1(4).
[12] Ibid, s 2(1).
[13] Ibid, s 2(2).
[14] Ibid, s 2(3).
[15] Ibid, s 3(3).