Education Amendment Act (Mould Contamination in Portable Classrooms), 1998 Wildman, Charles "Bud" Jackson — Bill 98 (36th Parliament, 2nd Session)

Bill 98, 36-2

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Bill 98, Education Amendment Act (Mould Contamination in Portable Classrooms), 1998

Wildman, Charles "Bud" Jackson

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[36] Bill 98 Original (PDF)

B098_E

Bill 98 1998

An Act to protect the health of pupils and teachers against the effects of

Stachybotrys atra mould in portable classrooms by making amendments

to the Education Act

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

Assembly of the Province of Ontario, enacts as follows:

Section 16 of the Education Act, as amended by the

Statutes of Ontario, 1996,

chapter 11,

section 29, is further amended by

adding the following subsection:

Testing, etc., re mould contamination in portable classrooms

(10) Section 170.4 applies, with necessary modifications, to the operator

of a private school.

Part VI of the Act is amended by adding the following

section:

Testing, etc., re mould contamination in portable classrooms

170.4

(1) Every board shall ensure that the following

steps are carried out:

1. Invasive tests for Stachybotrys atra mould shall be conducted

on every portable classroom,

i. within 30 days after the fifth anniversary of the first use of the

classroom, and

ii. thereafter, every three years, within 30 days after the anniversary of

the first test.

2. The tests shall be conducted in accordance with the recommended

procedures contained in "Fungal Contamination in Public Buildings: A Guide to

Recognition and Management" published by Health Canada in June, 1995.

3. In addition, a visual inspection for signs of Stachybotrys

atra mould shall be conducted in every portable classroom,

i. on or before the day of first use, and

ii. thereafter, every six months.

4. A report shall be prepared on each test and inspection within 10 days

after it is conducted, and a copy shall be forwarded to the Ministry of

Education and Training.

5. Within three months after a test or inspection revealing evidence of

Stachybotrys atra mould is conducted,

i. the portable classroom shall be cleaned up so as to remove all

Stachybotrys atra mould contamination, or

ii. the pupils who use the portable classroom shall be moved to another

classroom that is free of Stachybotrys atra mould contamination.

Regulation re compensation

(2) The Lieutenant Governor in Council may, by regulation, provide for

compensation to boards for the cost of compliance with this section.

Transition

(3) The following rules apply to portable classrooms that are already in

use on the effective date:

1. The first invasive test referred to in paragraph 1 of subsection

(1) shall be conducted within six months after the effective date.

2. The first visual inspection referred to in paragraph 3 of subsection

(1) shall be conducted within 30 days after the effective date.

Definition

(4) In subsection (3), "

effective date" means the day the Education Amendment Act (Mould

Contamination in Portable Classrooms), 1998 comes into force.

Commencement

3. This Act comes into force on the day it receives Royal

Assent.

Short title

4. The

short title of this Act is the Education Amendment Act

(Mould Contamination in Portable Classrooms), 1998.

EXPLANATORY NOTE

The Bill requires school boards and operators of private schools to

conduct regular testing and inspections for Stachybotrys atra mould

contamination in portable classrooms. If mould contamination is found it must

be cleaned up or the pupils must be moved to another classroom. Copyright

© 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.

Date Bill stage Activity Committee

December 14, 1998

First Reading

Carried

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Document details

Collection	Ontario — Bills
Citation	Bill 98, 36-2
Type	bill
Volume / chapter	p36 s2 bill 98 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	2dd3ed7362ed06369bab0c2a757ba1d9e59f5f0f

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