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Bill 140, Improving Air Quality for Our Children Act, 2023

Pasma, Chandra

Armstrong, Teresa J.

Karpoche, Bhutila

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Status

Debates

Original

Bill 140 Original (PDF)

EXPLANATORY

NOTE

The Bill enacts the Improving Air Quality for Our Children Act, 2023 . The Act

provides that every publicly-funded school and every child care provider

licensed under the Child Care and Early Years Act, 2014

shall install carbon dioxide monitors in every classroom and congregate space,

including portables, gymnasiums, change rooms, auditoriums, cafeterias, music

rooms, libraries, staff rooms and main offices. The Act also sets out a maximum

carbon dioxide threshold of 600 parts per million above outdoor carbon dioxide

levels. Schools and child care providers to which the Act applies are required

to report carbon dioxide levels to the Ministry of Education as well as what

measures have been taken in response. The Act also requires that the Ministry

of Education develop an Air Quality Action Plan that includes measures to be taken

when carbon dioxide levels approach and exceed the maximum threshold.

Bill 140 2023

Act respecting improving air quality for schools and child care providers

Preamble

Children’s

access to early learning and education is affected by air quality and by the

prevalence of airborne illnesses which can be reduced through good quality

ventilation. Studies have shown that children learn better, have better test

scores in math, science, and reading, fewer school absences and fewer symptoms

of respiratory conditions such as asthma when ventilation in classrooms is

improved. Studies have also shown that better ventilation decreases absenteeism

among staff and improves morale and job performance for teachers, education

workers and child care workers.

Carbon

dioxide levels are widely recognized by experts as a proxy measurement for the

quality of air indoors and for tracking the functioning of ventilation systems.

Evidence from other jurisdictions shows that classrooms with mechanical

ventilation systems can still have high rates of carbon dioxide levels that

exceed safe norms due to incorrect installation, user error or improper

maintenance. We therefore cannot conclude that simply upgrading ventilation in

Ontario classrooms and child care centres is providing the best level of air

quality for our children. We need to actually measure air quality to ensure

that our children are in safe classroom settings that support their learning. Transparency

and accountability are both needed to ensure good air quality in Ontario’s

classrooms and child care centres.

Therefore,

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

the Province of Ontario, enacts as follows:

Definitions

this Act,

“Minister”

means the Minister of Education; (“ministre”)

“Ministry”

means the Ministry of Education. (“ministère”)

Application

This

Act applies to,

(

a) every

publicly-funded school; and

(

b) every

child care provider licensed under the Child Care and

Early Years Act, 2014 .

Carbon

dioxide monitors

(1) Every

school and child care provider to which this Act applies shall install carbon

dioxide monitors in every classroom and congregate space, including portables, gymnasiums,

change rooms, auditoriums, cafeterias, music rooms, libraries, staff rooms and

main offices.

Same

(2) It

is the responsibility of school boards to ensure that,

(

a) every

school to which this Act applies installs carbon dioxide monitors; and

(

b) carbon

dioxide monitors are installed in spaces within schools that are leased to or

occupied by child care centres and community groups, if the space is contiguous

with the rest of the school building.

Monitor

specifications

(3) Carbon

dioxide monitors referred to in subsection (1) must have an NDIR sensor and a

visible display panel.

Installation

requirements

(4) The

carbon dioxide monitors must be installed in accordance with the following

requirements:

1. The

monitors must be installed in the occupied space, rather than in the ductwork.

2. The

monitors must be installed between 1.3 and 1.5 metres above the finished floor.

3. The

monitors must be located away from ventilation equipment, windows and doors.

4. The

monitors must be located at least 1.5 metres away from occupants.

5. The

monitors must be powered to ensure continuous monitoring.

Recalibration

(5) The

carbon dioxide monitors shall be recalibrated at least once every year.

Maximum

carbon dioxide threshold

(1) The

maximum threshold for carbon dioxide levels in a school or child care facility is

600 parts per million above outdoor carbon dioxide levels.

Publication

(2) The

Ministry shall publish annually on its website the target carbon dioxide level

in parts per million for each region of the province based on outdoor carbon

dioxide levels for that region.

Carbon

dioxide reporting

( 1) Every

school and child care facility to which this Act applies shall report to the

Ministry, at least once per week, the average daily carbon dioxide levels for

each room in the school or child care facility with a carbon dioxide monitor

during the times at which the room is occupied, as well as the percentage of

occupied time during which the carbon dioxide levels exceed the maximum

threshold set under

section 4.

Publication

(2) The

Ministry shall publish the reports referred to in subsection (1) on its

website.

Same

(3) The

Ministry shall also publish the raw data received from each school board and

child care operator on its website in the format in which it was provided by

the school board or child care operator.

Colour-coded

system

(4) The

published reports shall used a colour-coded system in accordance with the

following requirements:

1. Spaces

that are 200 parts per million or more below the maximum threshold for carbon

dioxide shall be indicated in green.

2. Spaces

that are within 200 parts per million of the maximum threshold shall be

indicated in yellow.

3. Spaces

that are at or above the maximum threshold shall be indicated in red.

Air

Quality Action Plan

(1) The

Ministry shall, no more than 60 days after the day this

section comes into

force, develop an Air Quality Action Plan.

Consultation

(2) In

developing the Air Quality Action Plan, the Ministry shall consult with the

following:

1. Engineers.

2. Experts

in heating, ventilation and air conditioning.

3. Industrial

hygienists.

4. Unions

for teachers and other education workers.

5. Principals

and administrators.

6. Early

childhood educators.

7. School

boards.

Details

(3) The

Air Quality Action Plan shall include the following:

1. Measures

to be taken when carbon dioxide levels approach the maximum threshold,

including,

i. using

portable air filters, opening windows, moving the students to another location

and reducing class sizes, and

ii. improving

the efficiency of HVAC filters, if the system allows, or taking other measures

to increase airflow.

2. Measures

to be taken when carbon dioxide levels exceed the maximum threshold, including,

i. temporary

measures that should be taken, such using additional portable air filters,

opening windows, moving the students to another location and reducing class

sizes,

ii. intermediate

measures, such as investigating if repairs are needed or taking measures to

increase airflow, and

iii. long-term

measures, such as upgrades to the ventilation system.

3. Guidance

on the quality of products to be used, including noise level standards and

filtration standards.

4. Guidance

on the qualifications required to assess and implement intermediate and

long-term measures to address carbon dioxide levels.

5. Guidance

on who is responsible for monitoring carbon dioxide levels and implementing

which measure in response.

6. Guidance

on when temporary and intermediate measures are sufficient and when long-term

measures must be adopted.

7. Educational

resources for the following groups regarding air quality, carbon dioxide, the

benefits of improved air quality and the benefits of mitigation measures:

i. School

boards.

ii. Principals.

iii. Teachers

and education workers.

iv. Child

care workers.

v. Workplace

health and safety committees.

vi. Parents.

vii. Children.

8. Infographics

that can be placed on the wall next to carbon dioxide monitors that allow room

occupants to decipher carbon dioxide levels and that explain what steps can be

taken as carbon dioxide levels rise.

Publications

and dissemination

(4) The

Minister shall ensure that the Air Quality Action Plan is published on the

Ministry’s website and circulated to school boards and child care centres.

School

boards responsible

(5) Every

school board shall ensure that it complies with the Air Quality Action Plan.

Reporting

— schools, child care centres

(1) When

carbon dioxide levels exceed the maximum threshold at a school or child care

centre to which this Act applies, the school or child care centre shall report

to the Ministry what measures have been taken in response.

Publication

(2) The

Ministry shall publish the reports on its website.

Regulations

The

Minister may make regulations prescribing measures to be taken in response to

non-compliance, including warnings, penalties and measures to bring about

compliance.

Commencement

This Act comes into force three months after the day it receives Royal Assent.

Short

title

The

short title of this Act is the Improving Air Quality

for Our Children Act, 2023 .

Date Bill stage Event Outcome Committee

October 19, 2023

First Reading

Ordered for Second Reading

October 19, 2023

First Reading

Vote

Carried

First Reading

October 19, 2023

Carried

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