Student Protection Act, 2002, S.O. 2002, c. 7 - Bill 101

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 101 and does not form part of the law. Bill 101 has been enacted as Chapter 7 of the Statutes of Ontario, 2002.

The Bill would amend the Education Act, the Ontario College of Teachers Act, 1996 and the Teaching Profession Act, as follows:

PART I OF THE BILL - AMENDMENT TO THE EDUCATION ACT

1. Section 1 of the Bill would repeal and replace paragraph 12.1 of subsection 170 (1) of the Education Act, to require a board that has become aware that a teacher employed by it has been charged with or convicted of certain Criminal Code (Canada) offences to ensure that the teacher performs no duties involving contact with pupils.

PART II OF THE BILL - AMENDMENTS TO THE ONTARIO COLLEGE OF TEACHERS ACT, 1996

2. Section 2 of the Bill would add a definition of “sexual abuse” to the Ontario College of Teachers Act, 1996.

3. Section 3 of the Bill would provide that “professional misconduct” as defined under the Act includes sexual abuse of a student by a member of the Ontario College of Teachers.

4. Section 4 of the Bill would add Part IX.1 to the Act, which would include the following provisions:

i. Section 43.1 would provide for the application of Part IX.1.

ii. Subsection 43.2 (1) would require an employer of a member of the Ontario College of Teachers to report to the College where the employer terminates the member’s employment or restricts the member’s duties for reasons of professional misconduct. Subsection 43.2 (2) would require an employer of a member to report to the College if the employer intended to terminate the member’s employment or restrict the member’s duties for reasons of professional misconduct but did not do so because the member resigned. Subsection 43.2 (3) would require an employer of a member to report to the College if the member resigns while the employer is engaged in an investigation into allegations of an act or omission by the member that would, if proven, have caused the employer to terminate the member’s employment or to impose restrictions on the member’s duties for reasons of professional misconduct.

Where an employer report is made under section 43.2, the Registrar of the College must report back to the employer respecting any action taken by the Registrar in response to the employer’s report.

iii. Section 43.3 would require employers to report to the College when the employer becomes aware that a member employee has been charged with or convicted of certain offences under the Criminal Code (Canada), or has engaged in conduct that, in the opinion of the employer, should be reviewed by a committee of the College.

iv. Section 43.4 would require the College to keep employers of members informed of certain decisions and orders made under the Act.

5. Section 5 of the Bill would repeal subsections 47 (2), (3) and (4) of the Act.

6. Section 6 of the Bill would provide that it is an offence for an employer to contravene the proposed sections 43.2 and 43.3 of the Act.

PART III OF THE BILL - AMENDMENT
TO THE TEACHING PROFESSION ACT

7. Section 7 of the Bill would amend section 12 of the Teaching Profession Act, to provide that a member of The Ontario Teachers’ Federation who makes an adverse report about another member of the Federation respecting suspected sexual abuse of a student by that other member need not advise the other member of the report.

PART IV OF THE BILL -
COMMENCEMENT AND SHORT TITLE

8. Section 8 of the Bill would provide for commencement of the Bill on proclamation of the Lieutenant Governor.

9. Section 9 of the Bill sets out the short title.

Français

Chapter 7

An Act to protect students
from sexual abuse
and to otherwise provide for the
protection of students

Assented to June 27, 2002

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Part I
Amendment to the Education Act

1. Paragraph 12.1 of subsection 170 (1) of the Education Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 30, is repealed and the following substituted:

duties - charges, convictions

12.1 on becoming aware that a teacher or temporary teacher who is employed by the board has been charged with or convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors, or of any other offence under the Criminal Code (Canada) that in the opinion of the board indicates that pupils may be at risk, take prompt steps to ensure that the teacher or temporary teacher performs no duties in the classroom and no duties involving contact with pupils, pending withdrawal of the charge, discharge following a preliminary inquiry, stay of the charge or acquittal, as the case may be;

Part II
Amendments to the
Ontario College of
teachers Act, 1996

2. Section 1 of the Ontario College of Teachers Act, 1996, as amended by the Statutes of Ontario, 1997, chapter 31, section 161 and 2001, chapter 14, Schedule B, section 1, is further amended by adding the following definition:

“sexual abuse” of a student by a member means,

(a) sexual intercourse or other forms of physical sexual relations between the member and the student,

(b) touching, of a sexual nature, of the student by the member, or

3. (1) Paragraph 31 of subsection 40 (1) of the Act is amended by adding “subject to subsection (1.1)” at the beginning.

(2) Section 40 of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule E, section 1 and 2001, chapter 14, Schedule B, sections 6, 7 and 8, is further amended by adding the following subsection:

Sexual abuse

(1.1) The definition of “professional misconduct” under paragraph 31 of subsection (1) shall be deemed to include sexual abuse of a student by a member.

4. The Act is amended by adding the following Part:

Part IX.1
Reporting requirements related
to Professional Misconduct

Application of Part

43.1 (1) For the purposes of this Part, an employer shall be considered to employ or to have employed a member only if the employer employs or employed the member,

(a) to teach a person who is 18 years old or less or, in the case of a person who has special needs, 21 years old or less; or

(b) to provide services, including support services, related to the education of a person who is 18 years old or less or, in the case of a person who has special needs, 21 years old or less.

Special needs

(2) For the purposes of subsection (1), a person has special needs if,

(a) in the opinion of the employer, the person, by reason of some mental or physical disability, is particularly vulnerable to sexual abuse; or

(b) the employer, exercising reasonable diligence, should have formed the opinion that the person, by reason of some mental or physical disability, is particularly vulnerable to sexual abuse.

Crown bound

(3) This Part binds the Crown.

Employer reports re: termination, etc.

43.2 (1) An employer of a member who terminates the member’s employment or imposes restrictions on the member’s duties for reasons of professional misconduct shall file with the Registrar within 30 days after the termination or restriction a written report setting out the reasons.

Same

(2) If an employer of a member intended to terminate the member’s employment or to impose restrictions on the member’s duties for reasons of professional misconduct but the employer did not do so because the member resigned, the employer shall file with the Registrar within 30 days after the resignation a written report setting out the reasons on which the employer had intended to act.

Same

(3) If a member resigns while his or her employer is engaged in an investigation into allegations of an act or omission by the member that would, if proven, have caused the employer to terminate the member’s employment or to impose restrictions on the member’s duties for reasons of professional misconduct, the employer shall file with the Registrar within 30 days after the resignation a written report stating the nature of the allegations being investigated.

Registrar to report back

(4) Where an employer makes a report to the Registrar under subsection (1), (2) or (3), the Registrar shall, as soon as is reasonably possible, provide the employer with a written report respecting the action, if any, taken by the Registrar in response to the employer’s report.

Employer reports re: certain offences, conduct

43.3 (1) An employer shall promptly report to the College in writing when the employer becomes aware that a member who is or has been employed by the employer,

(a) has been charged with or convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors;

(b) has been charged with or convicted of an offence under the Criminal Code (Canada) that in the opinion of the employer indicates that students may be at risk of harm or injury; or

(c) has engaged in conduct or taken action that, in the opinion of the employer, should be reviewed by a committee of the College.

Same

(2) An employer who makes a report under subsection (1) respecting a charge or conviction shall promptly report to the College in writing if the employer becomes aware that the charge was withdrawn, the member was discharged following a preliminary inquiry, the charge was stayed, or the member was acquitted.

College reports to employers

43.4 (1) The College shall provide employers of members with information respecting certain decisions and orders under this Act in accordance with the following rules and with subsection (2):

1. If a decision respecting a member is made under subsection 26 (5), the Registrar shall provide the documents referred to in subsection 26 (7) to the member’s employer.

2. If an order respecting a member is made under subsection 29 (3), the Registrar shall provide a copy of the order to the member’s employer.

3. If an order respecting a member is made under section 30 or 31, the Discipline Committee or the Fitness to Practise Committee, as the case may be, shall provide the employer with the same material as is served on the parties under subsection 32 (13).

4. If a decision respecting a member is made under section 33, the Discipline Committee or the Fitness to Practise Committee, as the case may be, shall provide the employer with the same material as is served on the parties under subsection 33 (13) or (14).

5. If an order respecting a member is made under section 34, the Registrar shall provide a copy of the order to the member’s employer.

6. If a court order respecting a member is made under section 35, the Registrar shall provide a copy of the order, with reasons, if any, to the member’s employer.

Same

(2) The following are the employers who shall receive the information referred to in subsection (1):

1. An employer who employed the member at the time the relevant decision or order referred to in subsection (1) was made.

2. An employer who made a report respecting the member under section 43.3, if the subject of the report is related to the decision or order referred to in subsection (1).

5. Subsections 47 (2), (3) and (4) of the Act are repealed.

6. The Act is amended by adding the following section:

Offence: failure to report

48.1 Every employer who contravenes subsection 43.2 (1), (2) or (3) or subsection 43.3 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000.

Part III
Amendment to the
Teaching Profession Act

7. Section 12 of the Teaching Profession Act, as amended by the Statutes of Ontario, 1997, chapter 31, section 180 and 2000, chapter 12, section 8, is further amended by adding the following subsections:

Reporting sexual abuse

(2) Despite any regulation made under subsection (1), a member who makes an adverse report about another member respecting suspected sexual abuse of a student by that other member need not provide him or her with a copy of the report or with any information about the report.

Definition

(3) In subsection (2),

“sexual abuse” of a student by a member means,

(a) sexual intercourse or other forms of physical sexual relations between the member and the student,

(b) touching, of a sexual nature, of the student by the member, or

PART IV
Commencement and Short Title

Commencement

8. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

9. The short title of this Act is the Student Protection Act, 2002.

Français

Student Protection Act, 2002, S.O. 2002, c. 7 - Bill 101

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