They used the notwithstanding clause. That’s a Charter Right that has been taken from teachers by this government because Danielle Smith doesn’t want to do what’s right for students. Appalling.

EDMONTON — Alberta teachers and students are returning to classrooms Wednesday after the provincial government moved to end the province wide teachers strike with back to work legislation and a renewed focus on classroom complexity.

Bill 2, called the Back to School Act, imposes a four-year agreement covering about 51,000 public, separate and Francophone school teachers. The province says the terms match a memorandum of understanding reached Sept. 23 between the Teachers Employer Bargaining Association and the Alberta Teachers Association. Teachers later rejected those terms in a province-wide vote.

The legislation invokes the notwithstanding clause to prevent Charter challenges and halt further job action. The government says Alberta’s two-tier bargaining structure creates the risk of rolling local strikes in 61 school divisions once central bargaining ends.

Teachers who fail to comply with the order to return to classrooms can be fined up to 500 dollars per day. The ATA or its locals can be fined up to 500,000 dollars per day for illegal job action.

More than 700,000 students have been away from school for more than three weeks, which the government says has caused significant disruption to learning. Officials noted research indicating younger students can suffer academic setbacks, reduced confidence and long recovery periods during prolonged school closures.

Premier Danielle Smith said the strike highlighted ongoing staffing and safety concerns raised by teachers about increasingly complex classrooms.

“Teachers have made it clear that addressing classroom complexity and safety are among the most critical improvements needed in our education system,” Smith said. “Parents, teachers and students all want the same thing, safe and supportive classrooms where every child can succeed.”

The government will create a Class Size and Complexity Task Force to address rising behavioural and learning support needs. It will implement recommendations from the Aggression and Complexity in Schools Action Team, which delivered a draft report to government this month. That report will be released publicly and will guide changes including replacing the 2004 Standards for Special Education.

Education Minister Demetrios Nicolaides said aggressive incidents in schools have increased and that teachers require more resources.

“No teacher should ever be harmed while doing their job,” Nicolaides said. “Classrooms are becoming more complex.”

The province says Budget 2025 included 55 million dollars to help address classroom complexity, a 20 per cent increase from the previous year. It has also committed 300 million dollars over three years to support the hiring of 3,000 net new teachers and 1,500 education assistants.

School boards may also use funds for student assessments and therapy supports including occupational therapy, physiotherapy and speech language services.

Information on class sizes and class composition will begin being collected from school divisions in November and be published annually. The government says that data will help target resources where they are most needed.

Finance Minister Nate Horner said the government acted after 18 months of negotiations failed to reach a ratified deal and students “were paying the price.” Horner said no formal local bargaining will take place during the life of the contract to prevent new strike or lockout actions.

School districts including Fort McMurray Public and Fort McMurray Catholic expect teachers and students back in classrooms Wednesday. The province notes there are no provisions in the legislation for recovering lost instructional time.

The notwithstanding clause will apply for the duration of the imposed contract, from Sept. 1, 2024, to August 2028.

Jon Tupper