Anti-Bullying Act, 2012 MacLeod, Lisa — Bill 80 (40th Parliament, 1st Session)

Bill 80, 40-1

Ontario — Bills

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Bill 80, Anti-Bullying Act, 2012

MacLeod, Lisa

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Bill 80 2012

An Act to designate Bullying Awareness and Prevention Week

in Schools and to provide for bullying prevention curricula, policies and

administrative accountability in schools

Note:

This Act amends the Education

Act . For the legislative history of the Act, see the Table of

Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

Preamble

Bullying,

particularly in schools, has become an increasing problem in Canada. Victims of bullying have suffered mental anguish, bodily injury and even death at

the hands of their tormentors.

Bullying

can leave a harmful and long-lasting mark on its victims. It can leave children

with painful emotional and mental scarring and a lifelong struggle with

self-esteem. Bullying can therefore impair the ability of a victim to

contribute meaningfully to society and to function normally in the victim's

family environment.

Bullies

suffer as well, since bullying may be indicative of deeper psychological and

emotional problems. Children who bully more frequently experience psychological

problems later in life, such as aggressive tendencies and occasional symptoms

of depression. Childhood bullies often display the same types of behaviour as

adults and are found to be more likely to harass co-workers or commit spousal,

child or senior abuse. Studies have shown that bullies are far more likely to

engage in delinquent behaviour. According to Public Safety Canada, students who

engage in bullying are 37 per cent more likely than those who do not to commit offences

as adults.

Bullying

also creates a poisoned atmosphere among persons who observe the bullying of

others. For example, the occurrence of bullying can intimidate observers, lead

observers to excuse, accommodate or even encourage the bully or, worst of all,

lead them to try bullying themselves. The negative cost of bullying to society

at large is therefore considerable.

safe and inclusive learning environment in schools is critical for students to

achieve academic success. Parents and students must be confident in knowing

that the school environment is free from harassment, violence, intolerance and

intimidation, all of which are forms of bullying.

December 2009, the Occupational

Health and Safety Act was amended to add

Part III.0.1 to provide

protective measures against violence and harassment in the workplace. Such

harassment can include bullying. It is appropriate to expand that approach to

deal with bullying in schools. Bullying in schools is particularly odious since

its victims are children who are often less able to defend themselves than

adults are.

is appropriate to designate a week to express our collective opposition to

bullying and to take measures to raise awareness and to prevent bullying in all

of its many forms in the school environment.

Therefore,

Her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Bullying Awareness and Prevention Week in Schools

1. The

week beginning with the third Sunday in November in each year is designated as

Bullying Awareness and Prevention Week in Schools.

Education Act

2. (1) Subsection 1 (1) of the Education Act is

amended by adding the following definition:

"bullying"

means the severe or repeated use by one or more pupils of a written, verbal,

electronic or other form of expression, a physical act or gesture or any

combination of them if it is directed at another pupil and if it has the effect

of or is reasonably intended to have the effect of,

(

a) causing

physical or emotional harm to the other pupil or damage to the other pupil's

property,

(

b) placing

the other pupil in reasonable fear of harm to himself or herself or damage to

his or her property,

(

c) creating

a hostile environment at school for the other pupil,

(

d) infringing

on the legal rights of the other pupil at school, or

(

e) materially

and substantially disrupting the education process or the orderly operation of

a school; ("intimidation")

(2) Section 1 of the Act is amended by

adding the following subsections:

Cyber-bullying

(1.2) Without limiting the generality of the definition of

"bullying" in subsection (1), bullying includes bullying, known as

cyber-bullying, that is done through any form of electronic means using any

technique, including,

(

a) creating

a web page or a blog in which the creator assumes the identity of another

person;

(

b) impersonating

another person as the author of posted content or messages; and

(

c) communicating

material to more than one person or posting material on an electronic medium

that may be accessed by one or more persons.

Bullying in schools

(1.2.0.1) For the purposes of this Act, bullying shall be

deemed to occur in a school if it occurs,

(

a) on

a school site or public property within 50 metres of a school site;

(

b) during

the course of an activity, function or program that is conducted for a school

purpose, whether or not it takes place at a school site;

(

c) through

the use of technology or an electronic device provided to pupils by a school;

(

d) through

the use of technology or an electronic device that is not provided to pupils by

a school if the bullying has the effect of or is reasonably intended to have

the effect described in clause (c), (

d) or (

e) of the definition of "bullying"

in subsection (1).

Section 3 of the Act is amended by adding

the following subsection:

Same, acts of bullying

(2) The report shall specify,

(

a) the

number of reports of

an act of bullying that the Minister has received from

boards under paragraph 7.8 of subsection 170 (1) during the immediately

preceding fiscal year; and

(

b) the

steps that the Minister has taken during the immediately preceding fiscal year to

address bullying in schools.

4. (1) Subsection 170 (1) of the

Act is amended by adding the following paragraphs:

instruction on bullying prevention

7.4 provide

instruction on bullying prevention during the school year for every pupil who

has a right to attend a school under the jurisdiction of the board and ensure

that the instruction is appropriate to the age of the pupils receiving it and

conforms with the curriculum guidelines, if any, issued by the Minister under

paragraph 3 of subsection 8 (1);

remedial programs for bullying

7.5 ensure

that schools within its jurisdiction provide remedial programs designed to

assist victims of bullying recover and to discourage perpetrators of bullying

from continuing to engage in bullying, which programs may be offered by social

workers, psychologists or other trained professionals;

professional development programs on bullying

7.6 establish

professional development programs that are designed to educate teachers in

schools within its jurisdiction about bullying and strategies for dealing with

bullying, including the strategies, if any, that the Minister has approved, and

ensure that the programs are open to teachers' assistants in its schools;

educational material on bullying

7.7 make

available to the public information about recognizing and dealing with

bullying;

(2) Subsection 170 (1) of the Act is

amended by adding the following paragraph:

principals' reports on bullying

7.8 promptly

forward to the Minister the reports that it receives from principals under

subsection 305.1 (4);

5. Clause 264 (1) (

h) of the Act is amended

by adding "and the professional development programs established by the board

under paragraph 7.6 of subsection 170 (1)" at the end.

6. Subsection 301 (2) of the Act is amended

by adding the following paragraph:

5.1 To

discourage bullying in schools.

7. The Act is amended by adding the following

sections:

Model provincial bullying prevention plan

303.1

(1) In

consultation with other Ministers of the Government of Ontario, the Minister

shall develop a model bullying prevention plan to assist a board in

establishing its bullying prevention plan under

section 303.2.

Not binding

(2) The model bullying prevention plan is not a policy of

the Minister and is not a regulation within the meaning of

Part III

(Regulations) of the Legislation

Act, 2006 .

Communication to boards

(3) The Minister shall make a copy of the model bullying

prevention plan available to every board.

Same, information on bullying

(4) The Minister shall compile a database of information

about recognizing and dealing with bullying and make the database available to

every board.

Board's bullying prevention plan

303.2

(1) Every

board shall establish a bullying prevention plan for bullying in schools within

the board's jurisdiction and submit it to the Minister for approval.

Contents

(2) The bullying prevention plan shall,

(

a) include

descriptions of bullying and retaliation to bullying;

(

b) establish

procedures for persons, including the pupils, teachers and staff of the board

and the parents and guardians of the pupils, to report bullying or retaliation

to bullying to persons or bodies specified in the plan;

(

c) require

that the person or body that receives a report of bullying or retaliation to

bullying shall keep the identity of the person reporting confidential, if the

person so requests, and that no disciplinary action shall be taken under this

Part against a pupil solely on the basis of a request that a report involving

the pupil be kept confidential;

(

d) establish

procedures for a principal to respond promptly to a report of bullying or

retaliation to bullying, including by investigating the report;

(

e) state

that bullying is prohibited and identify the range of disciplinary action under

this Part that a principal may take against a perpetrator for bullying;

(

f) establish

procedures for assessing the needs for protection of a victim of bullying and restoring

a sense of safety to the victim;

(

g) establish

strategies for protecting from bullying a person who reports bullying or retaliation

to bullying, provides information during an investigation of bullying or

retaliation to bullying or is witness to or has reliable information about an

act of bullying or retaliation to bullying;

(

h) establish

disciplinary action under this Part that a principal may take against a person

found to have falsely accused another person of bullying;

(

i) establish

procedures consistent with the law for a principal to promptly,

(

i) notify

the parents or guardians of the perpetrator and the victim of

an act of bullying

that the act has occurred and the disciplinary action that the principal

proposes to take to prevent any further acts of bullying, and

(ii) notify

the appropriate law enforcement agency that

an act of bullying has occurred if criminal

charges may be laid against the perpetrator; and

(

j) include

all other matters that the regulations prescribe.

Consultation

(3) When establishing the bullying

prevention plan, a board shall solicit the views of the pupils, teachers and

staff of the board, the volunteers working in the schools, the parents and

guardians of the pupils, school councils and the public.

Different plans

(4) A board may establish different bullying prevention

plans that apply with respect to different schools, different circumstances or

different classes of persons.

Not regulations

(5) A bullying prevention plan

established under this

section is not a regulation within the meaning of

Part

III (Regulations) of the Legislation

Act, 2006 .

Approval of plan

(6) A bullying prevention plan has no effect

until the Minister, by order, approves it, which the Minister shall do only if

he or she is satisfied that the plan complies with subsection (2) and that the

contents of the

Document details

Collection	Ontario — Bills
Citation	Bill 80, 40-1
Type	bill
Volume / chapter	p40 s1 bill 80 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	1ebf8289af253dd2801f035ce9e8a934ad324ded

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