During the session of 1841, the Upper Canada Academy at Cobourg secured incorporation as Victoria College with university powers, and also a grant of £500, which later was made annual. Here, too, the Legislature was granting public money to a sectarian institution, although it should be noted that no religious tests were to be exacted of any students, and that five public officers, the President of the Executive Council, the Speakers of the two branches of the Legislature, and the Attorney-General and the Solicitor-General for Canada West were to be ex-officio visitors and members of the Victoria College Senate.

Early in 1842, Queen's University was opened for the reception of students. Later in the same year the corner-stone of King's College was laid with imposing ceremony by Sir Charles Bagot, the Governor-General. In 1843 the King's College professors began lectures. This gave three colleges with university powers in active operation in Upper Canada in 1843.

In May, 1842, the Governor-General appointed the Hon. Robert Jameson, Vice-Chancellor of Upper Canada, to be Chief Superintendent of Education, and the Rev. Robert Murray, of Oakville, to be Assistant Superintendent for Upper Canada. Mr. Murray was a scholarly gentleman, but possessed no special qualifications for so important an office. It seems probable that as early as 1841 Sydenham had some thought of giving the position to Ryerson. It also seems probable that Sir Charles Bagot knew of this and had some communication with Ryerson in respect to it. It is more than likely that Ryerson had been too active, both in opposing the arbitrary acts of the Legislative Council and in promoting the interests of his own Church, to be readily acceptable to His Excellency's Council, nearly all of whom were Churchmen.

It was soon discovered that the Common School Act of 1841 could never be put into operation. It had only a single merit—good intentions. In 1843 it was decided to amend it and enact a separate Bill for Upper and Lower Canada. That for Upper Canada was introduced by Hon. Francis Hincks. Speaking of the Bill[63] he says: "The principle adopted in the School Bill of 1843 is this: The Government pays a certain amount to each Township—the property in that Township pays an equal amount; or if the Councillors elected by the people choose it, double the amount. This forms the School Fund, which is divided among the school districts, the Trustees of which raise the balance of the teacher's salary by a Rate Bill on the parents of the children. The system is as simple as it is just.... In framing this system, gentlemen, you will observe that, as in all other instances, the late Ministry have divested the grant of all local patronage. Everything has been left to the people themselves; and I feel perfectly convinced that they will prove themselves capable of managing their own affairs in a more satisfactory manner than any Government Boards of Education or visiting Superintendents could do for them.

"The new School Act provides also for the establishment in each Township of a Model School—the teacher of which is to receive a larger share than others of the School Fund, provided he gives gratuitous instruction to the other teachers in the Township, under such regulations as may be established.

"There is also provision for a Model School in each county, on a similar plan, but, of course, of a higher grade. It is left to the people themselves or their representatives in the several municipalities, to establish these Model Schools or not, as they deem expedient. But it is provided that as soon as a Provincial Normal School shall be in operation (and the system will never be complete without one) the teachers of the Model Schools must have certificates of qualification from the professors of the Normal School."

This Act of 1843 is much more elaborate in its provisions than any preceding legislation affecting Common Schools in Upper Canada. It provided for county superintendents appointed by wardens and for township, town or city superintendents appointed by the municipal council. It would seem that in many points the duties of these two classes of superintendents would conflict, as both were allowed to examine and appoint teachers, and both were to visit schools. Every section was to have a Board of Trustees elected by ratepayers, and to these trustees was given charge of school property and the regulation of course of study, including choice of textbooks. It would seem that full local control was given except in the matter of certificating teachers and regulating the government grant.

Either Protestants or Roman Catholics might petition for a Separate School on the application of ten or more resident freeholders, but such schools when established were maintained and controlled by the same machinery as other schools. Model Schools were to receive a larger grant from the Legislature. A county superintendent could issue unlimited or limited certificates, but all certificates issued by a township, town, or city superintendent were limited to the division in which they were issued and were valid for one year only.

The marked weaknesses of the Act may be summed up as follows:—

1. Possible conflict of authority between county and local superintendents.