Simon's Legal Resources

Education - Education Act - Principals

. Zemer et al. v. Toronto District School Board

In Zemer et al. v. Toronto District School Board (Ont Div Ct, 2025) the Ontario Divisional Court allowed a JR seeking (in part) a declaration, this brought against "the TDSB’s decision to disband the School Council and to direct a new election" of the School Council.

In this context the court considers the role of principals under the Education Act:

A Principal has Charge of the Organization and Management of a School

[53] The TDSB also relies on s. 11(1) of Operation of Schools – General, R.R.O. 1990, Reg. 298 (“O. Reg. 298”) which provides that the principal of a school, subject to the authority of the appropriate supervisory officer, is in charge of, (a) the instruction and the discipline of pupils in the school; and (b) the organization and management of the school.

[54] “School” is not defined in the Education Act, O. Reg. 298, or O. Reg. 612/00. A “school” is “an institution for educating children”: Concise Oxford Dictionary, 12th Edition, 2011. Once again, the TDSB’s argument is flawed given the nature of the largely independent relationship established under O. Reg. 612/00 between school council and school/school board. A school council is not a school.

[55] Similarly, the TDSB relies on s. 11(3)(f) of O. Reg. 298, which provides that the principal of a school shall provide for the supervision and the conducting of any school activity authorized by the board. The TDSB submits that a “school activity authorized by the board” includes school council activities. An activity of a school council is neither a “school” activity nor an activity “authorized” by the board. The activities of a school council have their basis in the Education Act and O. Reg. 612/00.