ATA Legal Steps and Responses Related to Bill 2: The Back to School Act

​Bill 2: The Back to School Act legislatively imposed central and local terms, ended the 2025 strike and lockout, and invoked the notwithstanding clause to shield the legislation from Charter review.

The Association is taking multiple, coordinated legal and labour relations steps to challenge the Act, protect teacher rights and respond to emerging issues created by the Legislatively Imposed Settlement.
1.  Constitutional Challenge and Injunction Application
The Association has launched a constitutional charter challenge, asserting that Bill 2 violates
• freedom of expression [section 2(b)],
• freedom of association [section 2(d)],
• gender equality rights of teachers (section 28), and
• proper judicial oversight, by contesting the validity of the privative clause (section 14), which attempts to shield Bill 2 from review.

The Association is seeking
• a declaration that Bill 2 is unconstitutional and
• interim injunctive relief to stay the application of the Act while the constitutional challenge proceeds.

Although the initial injunction hearing date of November 20, 2025, was scheduled for planning purposes, it was adjourned because the matter is now being case-managed by the Court (to read the Worth Knowing on Case Management click here). A new date is expected for the injunction hearing within the next one to two weeks.

2. Recruitment Letter of Understanding (LOU): Dispute Over “Net New Teachers”

The 2024–28 Legislatively Imposed Settlement includes a Recruitment LOU stating that 1,000 teachers per year (3,000 total) will be hired.

The Teachers’ Employer Bargaining Association (TEBA) confirmed on November 17, 2025, that the government interprets “net new” teachers to mean teachers hired beyond the prior year’s staffing levels, not in addition to the hiring allocation for 4,000+ teachers and educational assistants (EAs) already announced in Budget 2025.

This is inconsistent with the Association’s understanding of what was bargained and has serious contractual and fiscal implications.

The Association is considering all options, which could include responding through the following:

a) Grievance The Association may file a grievance asserting that the LOU was intended to secure 1,000 net new teachers per year beyond the staffing funded in Budget 2025.

b) Labour Relations Board (LRB) Complaint The Association is considering filing a complaint alleging bad faith bargaining and interference based on TEBA and government conduct dating back to August 2025.

3. Retroactive Pay for Teachers Who Changed Employers

​Teachers who have moved to a different division since 2024/25 must apply to their former division for retroactive pay no later than January 15, 2026. The Association has already advised members of this requirement and believes that school divisions have a duty to contact affected teachers.

The Association will
• monitor division-level communications,
• support teachers encountering problems and
• file grievances, where necessary.

4. Assignable and Instructional Time: TEBA Guidance and Association Response

Following the strike, TEBA directed school divisions to treat time lost during the strike as not counting toward the annual limits of
• 916 hours of instructional time and
• 1,200 hours of assignable time (Article 8 of the imposed agreement).

This guidance encouraged some divisions to add instructional minutes or days to “make up” lost time.

However, this contrasts with past practice as no divisions attempted to recover lost time after the 2002 provincially coordinated strike and the 2007 Parkland strike. 

The Association raised immediate concerns regarding TEBA’s guidance. TEBA now appears to recognize the legal and labour relations issues embedded in its initial position and is preparing revised guidance, which will be shared with the Association before it is sent to school divisions.

Going forward, the issue shifts to monitoring division-level actions, such as
• converting PD days (assignable) into instructional time and
• adding instructional minutes or altering breaks to recover time lost during the strike. The Association will review TEBA’s revised guidance and file grievances at either the TEBA or division level as required.

WORTH SHARING The Association is taking strong, multilayered legal action in response to Bill 2. A constitutional challenge is already underway, with the injunction hearing expected to be scheduled shortly. 

The Association is also preparing grievances and a Labour Relations Board complaint related to the Recruitment LOU and is actively supporting teachers seeking retroactive pay from former employers. 

We continue to monitor TEBA’s evolving guidance on instructional and assignable time and will act when divisions attempt to “recover” struck time. 

​Members with concerns should contact Teacher Employment Services at 1-800-232-7208 for support. Read the full Worth Knowing. #WeAreATA