Direct answer

Why Does Ontario Fund Catholic Schools But Not Other Private Schools?

FOI verified · 2026-08-05

Direct answer

Ontario funds Roman Catholic schools because section 93 of the Constitution Act, 1867 protected separate-school rights at Confederation, before the Charter existed. In Adler v. Ontario (1996) the Supreme Court held that funding Catholic schools and not others does not breach the Charter, because Charter rights cannot be used to attack section 93. Ontario provides no direct public funding to private schools of any kind.

Section 93, 1867
Constitutional basis
Constitution Act, 1867
Rejected, 1996
Charter challenge
Adler v. Ontario, [1996] 3 S.C.R. 609
None
Funding for private schools
Government of Ontario

The school route, step by step

Every school support in Ontario runs through the same sequence. Here is the order the steps come in.

Data verified

Sources: FAO Report 2023-24 (Financial Accountability Office of Ontario) · 2026 Ontario Budget (tabled March 26, 2026) · CBC News FOI investigation — bi-weekly OAP progress reports, Jun 2024 – Jan 2026, published Mar 30, 2026 (Nicole Brockbank & Angelina King) · MCCSS bi-weekly OAP Core Clinical Services progress reports, Dec 10, 2025 – Mar 4, 2026, obtained under Freedom of Information (release CSS2026-0749) · MCCSS Ontario Autism Program figures as of May 13, 2026, released under Freedom of Information to the Ontario Autism Coalition and published in the OAC "OAP At A Glance" update, July 2026 (ontarioautismcoalition.com)

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Parent of autistic child navigating OAP system

The constitutional reason

When Ontario joined Confederation in 1867, section 93 of the Constitution Act protected the school rights that Roman Catholic separate-school supporters already held. Those rights predate the Canadian Charter of Rights and Freedoms by 115 years. Catholic school boards are therefore not private schools at all - they are publicly funded, publicly governed school boards with elected trustees, and they carry the same special education duties as public boards, including the IPRC process, Individual Education Plans, and a Special Education Advisory Committee.

Private schools sit outside that structure entirely. Ontario treats them as independent businesses or non-profits. They receive no direct provincial funding, and they are not bound by most of the Education Act machinery that protects students with disabilities.

Three ways the asymmetry has been challenged

Families who wanted funding for Jewish and Christian schools took the question to the Supreme Court of Canada. In Adler v. Ontario, [1996] 3 S.C.R. 609, the Court held that funding Catholic schools and not others does not breach Charter sections 2(a) or 15(1), because Charter guarantees cannot be used to attack rights that section 93 itself confers.

They then took it internationally. In Waldman v. Canada (Communication No. 694/1996, decided 5 November 1999), the UN Human Rights Committee found that Ontario had violated Article 26 of the International Covenant on Civil and Political Rights, holding that funding one religious group and not another must rest on reasonable and objective criteria. The Committee's views are not binding in Canadian law. Ontario did not change its funding. Finally, in 2007, Progressive Conservative leader John Tory campaigned on extending funding to other faith-based schools; the party lost the election and Tory lost his own seat. No Ontario party has campaigned on it since.

What this means if you are paying private school tuition

There is no current Ontario government proposal to fund private schools. Proposals do exist from policy organizations, and they frequently begin with students who have special education needs, but none has become policy and no party platform in 2018, 2022 or 2025 committed to one.

The more immediate point for families is that funding is not the only thing missing at a private school. There is no IPRC, no requirement to write an Individual Education Plan, no Special Education Advisory Committee, and no appeal to the Ontario Special Education Tribunal. The Ontario Human Rights Code does still apply, because a private school provides a service, so disability discrimination remains actionable at the Human Rights Tribunal of Ontario.

This page is general information about how Ontario law is structured. It is not legal advice, and it is not a comment on any particular school or case. For advice on your own situation, contact the Human Rights Legal Support Centre or ARCH Disability Law Centre.

Frequently asked questions

Sources

  1. Constitution Act, 1867

    Section 93 - provincial power over education, subject to protection of denominational school rights existing at Confederation

  2. Adler v. Ontario

    Adler v. Ontario, [1996] 3 S.C.R. 609 (1996 CanLII 148) - Supreme Court of Canada

  3. Waldman v. Canada

    UN Human Rights Committee, Communication No. 694/1996, UN Doc. CCPR/C/67/D/694/1996 (5 November 1999)

Next step near you

A child's place in the Ontario Autism Program queue is set by the AccessOAP registration date. 71,263 children are registered and still waiting for core funding (MCCSS FOI via OAC · May 2026).

Evidence for this answer

Watchdog Reports

  • [2024]
    Ministry of Children, Community and Social Services: Spending Plan ReviewWatchdog Report
    Financial Accountability Office of Ontario (FAO)Watchdog report 2024-06-05

FOI Records

  • [2026]
    Ontario Autism Program figures as of May 13, 2026 (MCCSS, released under Freedom of Information to the Ontario Autism Coalition; published in the OAC "OAP At A Glance" update, July 2026)FOI Record
    Ministry of Children, Community and Social Services (Ontario), obtained by the Ontario Autism CoalitionFOI record 2026-05-13

Official Organizations

  • [2025]
    Autism Spectrum Disorders Fact Sheet (updated September 17, 2025)Government Record
    World Health Organization (WHO)Official 2025-09-17

Commitment to Accuracy: Our data is verified against official government reports (FAO, MCCSS), peer-reviewed scientific literature, and accessible public records. Last updated: August 5, 2026.

Next Steps

Next Steps

These statistics represent real children missing their critical developmental windows.

Citable facts from this page(3)

How many children are on the Ontario autism waitlist in 2026?

Verified

As of May 13, 2026, 91,974 children are registered with the Ontario Autism Program. However, only 20,711 (22.5%) have an active Core Funding Agreement. This represents ~300% growth in registrations since 2019, with 71,263 children still waiting for essential funding.

Source: MCCSS FOI via OAC · May 2026 · Open source record

How long do families wait for Ontario autism services?

Verified

Ontario autism wait times for core clinical services now exceed 5+ years for families registered in 2021 (community-reported, Ontario Autism Coalition, July 2026). Funding invitations are currently reaching families who registered in August 2021 (Ontario Autism Coalition, July 2026 (reported from community intake)). This delay far exceeds the sensitive early intervention window recommended by developmental specialists.

Source: MCCSS FOI via OAC · May 2026 · Open source record

Is the Ontario Autism Program underfunded?

Verified

The 2026-27 Ontario Budget allocated $965 million for autism services, up from $779 million in 2025-26, while 91,974 children are registered. The budget record supports the current allocation; the historical FAO funding model is cited separately.

Source: 2026-27 Ontario Budget · Open source record

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Written by

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Parent of autistic child navigating OAP system

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