EMSB joins QESBA’s legal challenge to protect all Quebec students from budget cuts

The English Montreal School Board (EMSB) has resolved to join the Quebec English School Boards Association (QESBA) in a legal challenge against the Quebec government’s 2025-2026 budgetary rules, which impose severe cuts and restrictive conditions that threaten educational services for all students across Quebec. The EMSB’s Council of Commissioners is supporting the QESBA to  mandate Power Law to take necessary steps to contest these rules and seek a stay of their application, ensuring the protection of vital programs for students in both English and French education networks.

On June 12, 2025, the Quebec government announced budgetary measures requiring the EMSB to cut $10.6 million from its 2025-2026 budget (measure 16032), risking a $10.4 million in financial repercussions if staffing cannot be reduced to meet a new, unrealistic target (measure 16034). In addition, the Ministry of Education has declared that school boards and service centres cannot  access accumulated surplus funds. In the case of  the EMSB this amounts to $7.8 million that could sustain critical services like special needs support, extracurricular activities, and mental health resources. “These cuts directly jeopardize the quality of education for our diverse student body,” states EMSB Chair Joe Ortona.

On July 9, 2025, the EMSB called on the government to withdraw these cuts and restore access to surplus funds. “Despite our efforts, the government has provided no response,” explained Mr.  Ortona, who is also the president of the QESBA. “On July 16, 2025, the Conseil du trésor finalized these rules, introducing measure 16036, which offers $9.6 million to offset cuts, but only under restrictive conditions that undermine our autonomy.”

The conditions are:

• Compliance with an unfeasible staffing cap, impossible to meet without violating collective agreements due to passed deadlines and the Ministry’s failure to clarify calculation methods.
• Mandatory spending on “dedicated and protected measures,” declared unconstitutional by the Quebec Court of Appeal in its April 2025 Bill 40 ruling (Quebec English School Boards Association v Procureur général du Québec, 2023 QCCS 2965, confirmed 2025 QCCA 282), as they force funding priorities misaligned with our community’s needs.
• Required participation in regional and national mutualization projects, further limiting our control.

“These conditions violate the EMSB’s management and control rights under section 23 of the Canadian Charter of Rights and Freedoms, preventing us from tailoring resources to our students’ unique needs,” noted Mr. Ortona. “The EMSB cannot currently meet the staffing target, rendering us ineligible for the $9.6 million and fully exposed to the $10.6 million cuts and $10.4 million penalty.”

“This is a fight for all Quebec students. These budgetary rules threaten the heart of our education system—English and French alike. The government’s silence has left us no choice but to pursue legal action to protect our students’ future.”

The EMSB stands in solidarity with French school service centres, which face similar challenges, through the “Ensemble, unis pour l’école” coalition. Mr. Ortona said English boards wish to extend an invitation to their French sector colleagues to support this litigation, whether through participation, financial contributions, or advocacy, despite constraints imposed by Bill 40. With the Ministry’s budget submission deadline of September 26, 2025, looming, the EMSB is compelled to act swiftly to safeguard services for all students.

“While we hope for a resolution without litigation, the government’s inaction necessitates this challenge,” said Mr. Ortona. “The EMSB remains committed to ensuring every student—whether requiring special needs support, excelling in arts, or thriving in sports—has access to the education they deserve.”

About the English Montreal School Board

With a youth and adult sector population of more than 35,000 students, the English Montreal School Board (EMSB) is the largest English public school board in Quebec. Established on July 1, 1998, when the province created new boards along linguistic lines, the EMSB network consists of 73 schools and centres. For more details, visit the EMSB website at www.emsb.qc.ca