Homeschooling in Canada: Is it Legal?

By Sheila Behnke

One of the top three questions generally asked about homeschooling is, "Is it legal?"
The easiest answer is "Yes. Everywhere in Canada and the United States, families can legally home educate their children." Now that is the basic answer, but the practicalities of homeschooling legally can be a bit more intricate.

In Canada, education is mandated provincially, just as in the U.S. it is by state. Since each province legislates education in its own jurisdiction, the laws governing education vary accordingly and the procedures regarding this option are proprietary. Parents must consult the appropriate Act that governs education for their province.

In Ontario, the Ministry of Education and Training oversees education. The legislation pertaining to education, the Ontario Education Act (available at your public library - call number 344.713071 Ont), clearly identifies homeschooling as a legitimate option:

Section 21(2): "a child is excused from attendance at school if,
(a) the child is receiving satisfactory instruction at home or elsewhere"

Furthermore, in Ontario, The Education Act

• allows parents to legally homeschool
• requires no teaching certificate to home educate
• does not require homeschooling families to register with any governing body
• makes no reference to visits or assessments of homeschooled children by school board officials
• makes no reference to parents attaining approval for their method of homeschooling

It is important to note that some boards of education in Ontario have their own policies stating families must

• get approval to homeschool
• have their children assessed periodically
• adhere to board curriculum guidelines
• provide the board with "proof of satisfactory instruction"

These policies are misrepresented by some Ontario school boards as being extended components of the actual Education Act, when, in fact, they are not mentioned in the Act anywhere. While employees of these boards are bound by these policies, families are cautioned to familiarize themselves with the difference between legislation and organization policy. The Ontario Federation of Teaching Parents web site provides information about the differences.

For specific information about the legalities of home-based education in other provinces, you can check out these web sites.

British Columbia: http://www.flora.org/homeschool-ca/bc/regs.htm

Saskatchewan: http://www.shbe.ca

Alberta: http://www.flora.org/homeschool-ca/ab/regs.htm

Manitoba: http://www.flora.org/homeschool-ca/test/rules.htm

Quebec: http://www.flora.org/homeschool-ca/pq/law_pq.htm

New Brunswick: http://www.flora.org/homeschool-ca/nb/

P.E.I. : http://www.flora.org/homeschool-ca/pei/

N.S.: http://www.flora.org/homeschool-ca/ns/ns_act.html

Yukon and N.W.T.: http://www.flora.org/homeschool-ca/yukon/sect31.html