Ontario Bill 48 (42nd Parliament, 1st Session)
Bill 48, 42-1
Ontario — Bills
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Bill 48, Safe and Supportive Classrooms Act, 2019
Thompson, Hon. Lisa M. Minister of Education
Royal Assent received. Statutes of Ontario 2019,
chapter 3
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Bill 48 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 48 and does not form part of the law.
Bill 48 has been enacted as
Chapter 3 of the Statutes of Ontario, 2019.
SCHEDULE
Early Childhood Educators Act, 2007
The
Schedule amends the Early Childhood Educators Act, 2007 .
The principal amendments made by the
Schedule include the following:
1. The
definition of “professional misconduct” is amended to include “prescribed
sexual acts”, which are acts of a sexual nature prohibited under the Criminal Code (Canada) and prescribed by a regulation
made under the Act.
2. The
new subsection 1 (3) clarifies that sexual abuse of a child does not include
touching or behaviour that is a necessary part of an early childhood educator’s
professional responsibilities or remarks that are pedagogically appropriate.
3. Clauses
31.1 (1) (
c) and 33.1 (1) (
c) and subsections 35.1 (4) and 36 (4.1) and
section
37 are amended to apply to prescribed sexual acts.
Section
33.2 of the Act is amended to require mandatory revocation of a member’s
certificate if the Discipline Committee finds the member guilty of
an act of
professional misconduct that consists of or includes sexual abuse of a child, a
prohibited act involving child pornography or a prescribed sexual act.
5. The
new
section 59.1 deals with transitional matters that arise in relation to the
Schedule.
SCHEDULE
Education Act
The
Education Act is amended to provide that the
Minister may establish policies and guidelines respecting service animals in
schools, and require boards to comply with the policies and guidelines and to
develop policies in accordance with those policies
and guidelines.
SCHEDULE
Ontario College of Teachers Act, 1996
The
Schedule amends the Ontario College of Teachers Act, 1996 .
The principal amendments made by the
Schedule include the following:
1. Various
amendments are made with respect to professional misconduct:
i. The
definition of “professional misconduct” is amended to include prescribed sexual
acts, which are offences of a sexual nature under the Criminal
Code (Canada) and prescribed by a regulation made under the Act.
ii. The
new subsection 1 (8) clarifies that sexual abuse of a student does not include
touching or behaviour that is a necessary part of a teacher’s professional
responsibilities or remarks that are pedagogically appropriate.
iii.
Section
30.2 of the Act is updated to require mandatory revocation of a member’s
certificate if the Discipline Committee finds the member guilty of
an act of
professional misconduct that consists of or includes sexual abuse of a student,
a prohibited act involving child pornography or a prescribed sexual act.
iv. Clauses
26.1 (1) (
c) and 30.1 (1) (c),
section 30.2 and subsections 32.1 (4), 33
(4.1) and 34 (2) are amended to apply to prescribed sexual acts.
2. Various
amendments are made with respect to the Council of the College:
i. Subsection
4 (2) is amended to allow the Lieutenant Governor in Council to determine the
composition of the Council by prescribing the number of members to be elected
and appointed to the Council.
ii. The
new subsection 15 (4) sets out the new requirements for the composition of the
Council’s committees.
iii.
Section
17 of the Act is re-enacted to set out the new requirements for committee
panels.
Part
II.1 of the Act, which establishes and governs the Public Interest Committee,
is repealed.
4. Subsection
18 (1) of the Act is re-enacted to require applicants to satisfy requirements
that relate to proficiency in mathematics.
5. Subsections
25 (1), 27 (1) and 28 (1) of the Act are amended to allow the number of members
on the Investigation Committee, Discipline Committee and Fitness to Practise
Committee to be prescribed by regulation.
6. Sections
40 and 42 are amended to provide new authority to make regulations that relate
to other amendments made to the Act by the Schedule.
Section
63.2 is re-enacted to deal with transitional matters that arise in relation to
the Schedule.
8. Ontario
Regulation 370/07 (Public Interest Committee — Members), made under the Act, is
revoked.
Schedule
Teaching Profession Act
The
Schedule amends the Teaching Profession Act by
adding a new subsection 12 (3.1) that clarifies that sexual abuse of a student
does not include touching or behaviour that is a necessary part of a teacher’s
professional responsibilities or remarks that are pedagogically appropriate.
Bill 48 2019
Act to amend various Acts in relation to education and child care
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Early
Childhood Educators Act, 2007
Schedule 2
Education
Act
Schedule 3
Ontario
College of Teachers Act, 1996
Schedule 4
Teaching
Profession Act
Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3 and
the Schedules to this Act.
Commencement
(1) Subject to subsections (2) and (3), this
Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any provisions are to come into force on a
day to be named by proclamation of the Lieutenant Governor, a proclamation may
apply to one or more of those provisions, and proclamations may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Safe
and Supportive Classrooms Act, 2019 .
SCHEDULE 1
Early CHildhood Educators Act, 2007
(1) The definition of “professional misconduct” in subsection 1
(1) of the Early Childhood Educators Act, 2007 is
amended by adding the following clause:
(c.1) engaging
in a prescribed sexual act,
(2) Subsection
1 (1) of the Act is amended by adding the following definition:
“prescribed
sexual act” means
an act of a sexual nature that is prohibited under the Criminal Code (Canada) and is prescribed by a regulation
made under clause 45 (1) (c.2) of this Act; (“acte sexuel prescrit”)
(3) Section
1 of the Act is amended by adding the following subsection:
Exception
(3) For
the purposes of clauses (
b) and (
c) of the definition of “sexual abuse” in
subsection (1),
“sexual
nature” does not include,
(
a) touching
or behaviour that is necessary for the purposes of diapering, toileting,
washing or dressing a child as part of an early childhood educator’s
professional responsibilities, or
(
b) remarks
that are pedagogically appropriate.
The French version of subsection 31 (9) of the Act is amended by striking out
“a été accusé ou déclaré coupable d’une infraction au Code
criminel (Canada)” and substituting “a été condamné pour une infraction
au Code criminel (Canada), ou déclaré coupable
d’une infraction à ce code”.
Clause 31.1 (1) (
c) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” at the end and substituting
“sexual misconduct, a prohibited act involving child pornography or a
prescribed sexual act”.
Clause 33.1 (1) (
c) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” at the end and substituting
“sexual misconduct, a prohibited act involving child pornography or a
prescribed sexual act”.
(1) Subsections 33.2 (1) and (2) of the Act are repealed and the
following substituted:
Orders
relating to sexual abuse, child pornography, etc.
(1) If,
under
section 33, the Discipline Committee finds a member guilty of
an act of
professional misconduct consisting of, or including,
an act listed in
subsection (2) of this section, the Committee shall, in addition to anything
else the committee may do under subsection 33 (5),
(
a) make
an order requiring that the member be reprimanded by the Committee;
(
b) make
an interim order directing the Registrar to suspend the member’s certificate of
registration until the Committee makes an order under clause (c); and
(
c) make
an order directing the Registrar to revoke the member’s certificate of
registration.
Same
(2) The
acts of professional misconduct referred to in subsection (1) are the
following:
1. Sexual
abuse of a child.
2. A
prohibited act involving child pornography.
3. A
prescribed sexual act.
(2) Subsection
33.2 (6) of the Act is amended by striking out “that is listed in subsection
(2)”.
Subsection 35.1 (4) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” and substituting “sexual
misconduct, a prohibited act involving child pornography or a prescribed sexual
act”.
Subsection 36 (4.1) of the Act is repealed and the following substituted:
Same
(4.1) Despite
subsections (3) and (4), if a person has had a certificate revoked pursuant to
an order made under
section 33 for committing
an act of professional misconduct
that consisted of or included any of the following, an application under
subsection (1) of this
section to have a new certificate issued shall not be
made earlier than five years from the date of the order:
1. Sexual
abuse of a child.
2. Sexual
misconduct.
3. A
prohibited act involving child pornography.
4. A
prescribed sexual act.
Subsections 37 (2) and (3) of the Act are repealed and the following
substituted:
Same,
sexual abuse, etc.
(2) Subject
to subsections (3) and (4), if a person has had a certificate revoked for
committing
an act of professional misconduct that consisted of or included any
of the following, an order under paragraph 1 of subsection (1) shall not be
made earlier than five years from the date of the order under
section 33 that
revoked the certificate:
1. Sexual
abuse of a child.
2. Sexual
misconduct.
3. A
prohibited act involving child pornography.
4. A
prescribed sexual act.
Same
(3) An
order under subsection (1) shall not be made if,
(
a) a
person’s certificate was suspended or revoked as the result of a complaint made
under subsection 31 (1) involving
an act of professional misconduct referred to
in paragraph 1, 2 or 3 of subsection (2) of this section; and
(
b) the
complaint was made on or after December 5, 2016.
Same
(4) An
order under subsection (1) shall not be made if,
(
a) a
person’s certificate was suspended or revoked as the result of a complaint made
under subsection 31 (1) involving a prescribed sexual act; and
(
b) the
complaint was made on or after the day that offence was prescribed under clause
45 (1) (c.2) as a prescribed sexual act.
Clause 45 (1) (c.2) of the Act is repealed and the following substituted:
(c.2) prescribing
provisions under the Criminal Code (Canada) that
are prescribed sexual acts;
(1) Subsection 58 (7) of the Act is amended by striking out “that
involved sexual abuse of a child, as described in paragraph 1 of subsection
33.2 (2)”.
(2) Subsection
58 (8) of the Act is amended by striking out “that involved sexual abuse of a
child”.
Section 59.1 of the Act is repealed and the following substituted:
Transition:
Safe and Supportive Classrooms Act, 2019
59.1
Section 33.2, as
amended by
section 5 of
Schedule 1 to the Safe and
Supportive Classrooms Act, 2019 , applies to
an act of professional
misconduct that consists of or includes sexual abuse of a child that occurred
on or after August 31, 2015 but before the day
section 11 of that
Schedule came
into force, if no order has been made in respect of the matter under subsection
33 (4) before that day.
Commencement
This
Schedule comes into force on the day the Safe and
Supportive Classrooms Act, 2019 receives Royal Assent.
SCHEDULE 2
EDucation Act
Subsection 8 (1) of the Education Act is amended by
adding the following paragraph:
service
animals
29.5 establish
policies and guidelines respecting service animals in schools, and require
boards to,
(
a) comply
with the policies and guidelines, and
(
b) develop
policies in accordance with those policies
and guidelines;
Commencement
This
Schedule comes into force on the day the Safe and
Supportive Classrooms Act, 2019 receives Royal Assent.
SCHEDULE 3
ONTARIO COLLEGE OF TEACHERS ACT, 1996
(1) The definition of “professional misconduct” in subsection 1
(1) of the Ontario College of Teachers Act, 1996 is
amended by striking out “or” at the end of clause (
c) and by adding the
following clause:
(c.1) engaging
in a prescribed sexual act, or
(2) Subsection
1 (1) of the Act is amended by adding the following definition:
“prescribed
sexual act” means
an act of a sexual nature that is prohibited under the Criminal Code (Canada) and is prescribed by a regulation
made under clause 42 (1) (c.1) of this Act; (“acte sexuel prescrit”)
(3) Section
1 of the Act is amended by adding the following subsection:
Definition
(8) For
the purposes of clauses (
b) and (
c) of the definition of “sexual abuse” in
subsection (1),
“sexual
nature” does not include,
(
a) touching
or behaviour that is necessary for the purposes of diapering, toileting,
washing or dressing a student as part of a teacher’s professional
responsibilities, or
(
b) remarks
that are pedagogically appropriate.
(1) Clause 4 (2) (
a) of the Act is amended by striking out “23
persons” at the beginning and substituting “the prescribed number of persons”.
(2) Clause
4 (2) (
b) of the Act is amended by striking out “14 persons” at the beginning
and substituting “the prescribed number of persons”.
Subsection 5 (3) of the Act is repealed.
Section 15 of the Act is amended by adding the following subsection:
Composition
of committees
(4) The
membership of a committee shall be composed, in accordance with the
regulations, of persons elected to the Council under clause 4 (2) (
a) and
persons appointed to the Council under clause 4 (2) (b).
Section 17 of the Act is repealed and the following substituted:
Committee
panels
(1) The
powers and duties of a committee mentioned in paragraph 2, 3, 4 or 5 of
subsection 15 (1) may be exercised by a panel established in accordance with a
regulation made under paragraph 14 of subsection 40 (1).
Principals
and vice-principals
(2) The
powers and duties of a committee mentioned in paragraph 2, 3 or 5 of subsection
15 (1) to hear or review a matter relating to the conduct or actions of a
person who, at the time the conduct or actions occurred, was employed as a
principal or vice-principal, may be exercised by a panel that,
(
a) is
established in accordance with a regulation made under paragraph 14 of
subsection 40 (1); and
(
b) includes
at least one person who is employed as a principal or vice-principal or who was
previously employed as a principal or vice-principal and is still a member of
the College.
Complaint
resolution processes
(3) Subsections
(1) and (2) apply for the purposes of sections 26.1 and 30.1 but, for greater certainty,
do not apply if a single member of the Investigation Committee is acting on the
Committee’s behalf in accordance with subsection 26.1 (12).
Roster
of eligible panellists
(4) The
Council shall establish a roster of eligible panellists for a committee
mentioned in paragraph 2, 3, 4 or 5 of subsection 15 (1) consisting of such
persons as the Council considers qualified to serve as members of a panel of
the committee.
Same
(5) The
Lieutenant Governor in Council may appoint such persons as they consider
appropriate to a roster of panellists established under subsection (4).
Same,
requirements and restrictions
(6) The
inclusion of any person on a roster of panellists for a committee is subject to
any requirements that may be prescribed by the regulations or by-laws.
Not
member of committee
(7) A
person included on a roster of panellists for a committee is not a member of
the committee by reason of their inclusion on the roster or their service on a
panel of the committee.
Decision
of committee
(8) A
decision, finding, order, opinion or action of a panel of a committee is deemed
to be the decision, finding, order, opinion or action of the committee.
Part II.1 of the Act is repealed.
Subsection 18 (1) of the Act is repealed and the following substituted:
Registration
(1) The
Registrar shall issue a certificate of qualification and registration to a
person who,
(
a) applies
for the certificate in accordance with the regulations;
(
b) fulfils
the requirements specified in the regulations for the issuance of the
certificate; and
(
c) successfully
completes any prescribed examinations relating to proficiency in mathematics
that are required for the issuance of the certificate.
(1) Subsection 25 (1) of the Act is amended by striking out “at
least seven” and substituting “the prescribed number”.
(2) Subsection
25 (2) of the Act is repealed.
The French version of subsection 26 (9) of the Act is amended by striking out
“a été accusé ou déclaré coupable d’une infraction au Code
criminel (Canada)” and substituting “a été condamné pour une infraction
au Code criminel (Canada), ou déclaré coupable
d’une infraction à ce code”.
Clause 26.1 (1) (
c) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” at the end and substituting
“sexual misconduct, a prohibited act involving child pornography or a
prescribed sexual act”.
(1) Subsection 27 (1) of the Act is amended by striking out “at
least 11” and substituting “the prescribed number”
(2) Subsection
27 (2) of the Act is repealed.
(1) Subsection 28 (1) of the Act is amended by striking out “at
least five” and substituting “the prescribed number”.
(2) Subsection
28 (2) of the Act is repealed.
Clause 30.1 (1) (
c) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” at the end and substituting
“sexual misconduct, a prohibited act involving child pornography or a
prescribed sexual act”.
(1) Subsections 30.2 (1) and (2) of the Act are repealed and the
following substituted:
Orders
relating to sexual abuse, child pornography, etc.
(1) If,
under
section 30, the Discipline Committee finds a member guilty of
an act of
professional misconduct consisting of or including
an act listed in subsection
(2) of this section, the Committee shall, in addition to anything else the
Committee may do under subsection 30 (5),
(
a) make
an order requiring that the member be reprimanded by the Committee;
(
b) make
an interim order directing the Registrar to suspend the member’s certificate of
qualification and registration until the Committee makes an order under clause
(c); and
(
c) make
an order directing the Registrar to revoke the member’s certificate of
qualification and registration.
Same
(2) The
acts of professional misconduct referred to in subsection (1) are the
following:
1. Sexual
abuse of a student.
2. A
prohibited act involving child pornography.
3. A
prescribed sexual act.
(2) Subsection
30.2 (6) of the Act is amended by striking out “that is listed in subsection
(2)”.
Subsection 32.1 (4) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” and substituting “sexual
misconduct, a prohibited act involving child pornography or a prescribed sexual
act”.
Subsection 33 (4.1) of the Act is repealed and the following substituted:
Same
(4.1) Despite
subsections (3) and (4), if a person has had a certificate revoked pursuant to
an order made under
section 30 for committing
an act of professional misconduct
that consisted of or included any of the following, an application under
subsection (1) to have a new certificate issued shall not be made earlier than
five years from the date of the order:
1. Sexual
abuse of a student.
2. Sexual
misconduct.
3. A
prohibited act involving child pornography.
4. A
prescribed sexual act.
(1) Subsection 34 (1) of the Act is amended by striking out “member
or former member” in the portion before paragraph 1 and substituting “person”.
(2) Paragraph
1 of subsection 34 (1) of the Act is amended by striking out “member or former
member” at the end and substituting “person”.
(3) Paragraph
2 of subsection 34 (1) of the Act is amended by striking out “member’s or
former member’s” and substituting “person’s”.
(4) Subsection
34 (2) of the Act is repealed and the following substituted:
Exception
(2) An
order under subsection (1) shall not be made if the person’s certificate was
suspended or revoked for committing
an act of professional misconduct that
consisted of or included any of the following:
1. Sexual
abuse of a student.
2. Sexual
misconduct.
3. A
prohibited act involving child pornography.
4. A
prescribed sexual act.
(1) Paragraph 6.1 of subsection 40 (1) of the Act is repealed.
(2) Paragraph
9 of subsection 40 (1) of the Act is amended by striking out “the Discipline
Committee, the Fitness to Practise Committee and the Public Interest Committee”
at the end and substituting “the Discipline Committee and the Fitness to
Practise Committee.”
(3) Paragraph
9 of subsection 40 (1) of the Act, as amended by subsection (2), is amended by
striking out “other than the Investigation Committee, the Discipline Committee
and the Fitness to Practise Committee.”
(4) Paragraph
10 of subsection 40 (1) of the Act is amended by striking out “other than the
Public Interest Committee” at the end.
(5) Paragraph
11 of subsection 40 (1) of the Act is amended by striking out “other than the
Public Interest Committee” at the end.
(6) Paragraph
14 of subsection 40 (1) of the Act is repealed and the following substituted:
14. governing
the establishment, composition, powers and duties of panels of committees
required by this Act;
(7) Paragraph
14.1 of subsection 40 (1) of the Act is repealed.
(8) Paragraph
14.2 of subsection 40 (1) of the Act is amended by striking out “subsection 17
(3)” in the portion before subparagraph i and substituting “subsection 17 (4)”.
(1) Paragraph 17.1 of subsection 41 (1) of the Act is amended by
striking out “other than the Public Interest Committee”.
(2) Paragraph
21 of subsection 41 (1) of the Act is amended by striking out “other than the
Public Interest Committee” at the end.
(3) Paragraph
23 of subsection 41 (1) of the Act is amended by striking out “other than the
Public Interest Committee”.
(4) Paragraph
26 of subsection 41 (1) of the Act is amended by striking out “other than the
Public Interest Committee” at the end.
(1) Subsection 42 (1) of the Act is amended by adding the following
clause:
(a.1) prescribing
the number of persons elected to the Council under clause 4 (2) (
a) and the
number of persons appointed to the Council under clause 4 (2) (b);
(2) Clause
42 (1) (b.1) of the Act is repealed and the following substituted:
(b.1) respecting
the appointment of the Chair of the Council;
(b.2) prescribing
duties of the Chair of the Council, in addition to any duties that may be set
out in a by-law made by the Council under paragraph 7 of subsection 41 (1);
(3) Clause
42 (1) (
c) of the Act is amended by striking out “subsection 17 (4)” and
substituting “subsection 17 (5)”.
(4) Subsection
42 (1) of the Act is amended by adding the following clause:
(c.0.0.1) respecting
examinations that relate to proficiency in mathematics for the purposes of
clause 18 (1) (c), including but not limited to the development, form, content,
administration and provision of such examinations, any exemptions from such
examinations and any other matters the Lieutenant Governor in Council considers
necessary or advisable in connection with the implementation of such
examinations;
(5) Clause
42 (1) (c.1) of the Act is repealed and the following substituted:
(c.1) prescribing
provisions under the Criminal Code (Canada) that
are prescribed sexual acts;
(6) Subsection
42 (1) of the Act is amended by adding the following clause:
(d.2) providing
for any transitional matters the Lieutenant Governor in Council considers
necessary or advisable in connection with the implementation of the amendments
to this Act made by
Schedule 3 to the Safe and Supportive
Classrooms Act, 2019 .
(7) Subsection
42 (2) of the Act is repealed and the following substituted:
Regulations
— transition
(2) A
regulation made under clause (1) (d.1) may provide that it applies despite this
Act.
Same
(3) A
regulation made under clause (1) (d.2) may provide that it applies despite this
Act and any by-laws or other regulations made under this Act.
(8) Section
42 of the Act is amended by adding the following subsections:
Conflicts
(4) If
there is a conflict between a regulation made under clause (1) (b.1) and a
by-law made under paragraph 11 of subsection 41 (1), the regulation prevails.
Same
(5) If
there is a conflict between a regulation made under clause (1) (b.2) and a
by-law made under paragraph 7 of subsection 41 (1), the regulation prevails.
(9) Section
42 of the Act is amended by adding the following subsection:
Same
(6) If
there is a conflict between a regulation made under clause (1) (c.0.0.1) and a
regulation made under paragraph 18 of subsection 40 (1), the regulation made under
clause (1) (c.0.0.1) prevails.
(1) Paragraph 1 of subsection 63.1 (2) of the Act is repealed and
the following substituted:
1. Subsection
17 (2.1), as it read on the day before
section 5 of
Schedule 3 to the Safe and Supportive Classrooms Act, 2019 came into force,
applies to the matter, in the case of a committee to which the matter was
referred on or after the commencement date but before the day
section 5 of
Schedule 3 to the Safe and Supportive Classrooms Act, 2019
comes into force.
1.1 Subsection
17 (2) applies to the matter, except in the case of a committee to which the
matter was referred before the commencement date.
(2) Subsection
63.1 (5) of the Act is amended by striking out “that involved sexual abuse of a
student, as described in paragraph 1 of subsection 30.2 (2)” and substituting
“that consisted of or included sexual abuse of a student”.
(3) Subsection
63.1 (6) of the Act is amended by striking out “involved” and substituting
“consisted of or included”.
Section 63.2 of the Act is repealed and the following substituted:
Transition:
Safe and Supportive Classrooms Act, 2019
Sexual
abuse
63.2
Section 30.2, as
amended by
section 14 of
Schedule 3 to the Safe and
Supportive Classrooms Act, 2019 , applies to
an act of professional misconduct
that consists of or includes sexual abuse of a student that occurred before the
day
section 23 of that
Schedule came into force if no order has been made in
respect of the matter under subsection 30 (4) of this Act before that day.
Plan
for Care and Opportunity Act (Budget Measures), 2018
Subsection 1 (4) of
Schedule 19 to the Plan for Care and
Opportunity Act (Budget Measures), 2018 is repealed.
Revocation
Ontario Regulation 370/07 (Public Interest Committee — Members), made under the
Act, is revoked.
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Safe and Supportive Classrooms Act, 2019
receives Royal Assent.
(2) Sections
2, 4, 5, 7, 8, 11 and 12 and subsections 18 (3) and (8), 20 (1) to (4) and
(8) and (9) and 21 (1) come into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 4
teACHING pROFESSION aCT
Section 12 of the Teaching Profession Act is
amended by adding the following subsection:
Exception
(3.1) For
the purposes of clauses (
b) and (
c) of the definition of “sexual abuse” in
subsection (3),
“sexual
nature” does not include,
(
a) touching
or behaviour that is necessary for the purpose of diapering, toileting, washing
or dressing a student as part of a teacher’s professional responsibilities, or
(
b) remarks
that are pedagogically appropriate.
Commencement
This
Schedule comes into force on the day the Safe and
Supportive Classrooms Act, 2019 receives Royal Assent.
Bill 48 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE
Early Childhood Educators Act, 2007
The
Schedule amends the Early Childhood Educators Act, 2007 .
The principal amendments made by the
Schedule include the following:
1. The
definition of “professional misconduct” is amended to include “prescribed
sexual acts”, which are acts of a sexual nature prohibited under the Criminal Code (Canada) and prescribed by a regulation
made under the Act.
2. The
new subsection 1 (3) clarifies that sexual abuse of a child does not include
touching or behaviour that is a necessary part of an early childhood educator’s
professional responsibilities or remarks that are pedagogically appropriate.
3. Clauses
31.1 (1) (
c) and 33.1 (1) (
c) and subsections 35.1 (4) and 36 (4.1) and
section
37 are amended to apply to prescribed sexual acts.
Section
33.2 of the Act is amended to require mandatory revocation of a member’s
certificate if the Discipline Committee finds the member guilty of
an act of
professional misconduct that consists of or includes sexual abuse of a child, a
prohibited act involving child pornography or a prescribed sexual act.
5. The
new
section 59.1 deals with transitional matters that arise in relation to the
Schedule.
SCHEDULE
Education Act
The
Education Act is amended to provide that the
Minister may establish policies and guidelines respecting service animals in
schools, and require boards to comply with the policies and guidelines and to
develop policies in accordance with those
policies and guidelines.
SCHEDULE
Ontario College of Teachers Act, 1996
The
Schedule amends the Ontario College of Teachers Act, 1996 .
The principal amendments made by the
Schedule include the following:
1. Various
amendments are made with respect to professional misconduct:
i. The
definition of “professional misconduct” is amended to include prescribed sexual
acts, which are offences of a sexual nature under the Criminal
Code (Canada) and prescribed by a regulation made under the Act.
ii. The
new subsection 1 (8) clarifies that sexual abuse of a student does not include
touching or behaviour that is a necessary part of a teacher’s professional
responsibilities or remarks that are pedagogically appropriate.
iii.
Section
30.2 of the Act is updated to require mandatory revocation of a member’s
certificate if the Discipline Committee finds the member guilty of
an act of
professional misconduct that consists of or includes sexual abuse of a student,
a prohibited act involving child pornography or a prescribed sexual act.
iv. Clauses
26.1 (1) (
c) and 30.1 (1) (c),
section 30.2 and subsections 32.1 (4), 33
(4.1) and 34 (2) are amended to apply to prescribed sexual acts.
2. Various
amendments are made with respect to the Council of the College:
i. Subsection
4 (2) is amended to allow the Lieutenant Governor in Council to determine the
composition of the Council by prescribing the number of members to be elected
and appointed to the Council.
ii. The
new subsection 15 (4) sets out the new requirements for the composition of the
Council’s committees.
iii.
Section
17 of the Act is re-enacted to set out the new requirements for committee
panels.
Part
II.1 of the Act, which establishes and governs the Public Interest Committee,
is repealed.
4. Subsection
18 (1) of the Act is re-enacted to require applicants to satisfy requirements
that relate to proficiency in mathematics.
5. Subsections
25 (1), 27 (1) and 28 (1) of the Act are amended to allow the number of members
on the Investigation Committee, Discipline Committee and Fitness to Practise
Committee to be prescribed by regulation.
6. Sections
40 and 42 are amended to provide new authority to make regulations that relate
to other amendments made to the Act by the Schedule.
Section
63.2 is re-enacted to deal with transitional matters that arise in relation to
the Schedule.
8. Ontario
Regulation 370/07 (Public Interest Committee — Members), made under the Act, is
revoked.
Schedule
Teaching Profession Act
The
Schedule amends the Teaching Profession Act by
adding a new subsection 12 (3.1) that clarifies that sexual abuse of a student
does not include touching or behaviour that is a necessary part of a teacher’s
professional responsibilities or remarks that are pedagogically appropriate.
Bill 48 2018
Act to amend various Acts in relation to education and child care
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Early
Childhood Educators Act, 2007
Schedule 2
Education
Act
Schedule 3
Ontario
College of Teachers Act, 1996
Schedule 4
Teaching
Profession Act
Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3 and
the Schedules to this Act.
Commencement
(1) Subject to subsections (2) and (3), this
Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any provisions are to come into force on a
day to be named by proclamation of the Lieutenant Governor, a proclamation may
apply to one or more of those provisions, and proclamations may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Safe
and Supportive Classrooms Act, 2018 .
SCHEDULE 1
Early CHildhood Educators Act, 2007
(1) The definition of “professional misconduct” in subsection 1
(1) of the Early Childhood Educators Act, 2007 is
amended by adding the following clause:
(c.1) engaging
in a prescribed sexual act,
(2) Subsection
1 (1) of the Act is amended by adding the following definition:
“prescribed
sexual act” means
an act of a sexual nature that is prohibited under the Criminal Code (Canada) and is prescribed by a regulation
made under clause 45 (1) (c.2) of this Act; (“acte sexuel prescrit”)
(3) Section
1 of the Act is amended by adding the following subsection:
Exception
(3) For
the purposes of clauses (
b) and (
c) of the definition of “sexual abuse” in
subsection (1),
“sexual
nature” does not include,
(
a) touching
or behaviour that is necessary for the purposes of diapering, toileting,
washing or dressing a child as part of an early childhood educator’s
professional responsibilities, or
(
b) remarks
that are pedagogically appropriate.
The French version of subsection 31 (9) of the Act is amended by striking out
“a été accusé ou déclaré coupable d’une infraction au Code
criminel (Canada)” and substituting “a été condamné pour une infraction
au Code criminel (Canada), ou déclaré coupable
d’une infraction à ce code”.
Clause 31.1 (1) (
c) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” at the end and substituting
“sexual misconduct, a prohibited act involving child pornography or a
prescribed sexual act”.
Clause 33.1 (1) (
c) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” at the end and substituting
“sexual misconduct, a prohibited act involving child pornography or a
prescribed sexual act”.
(1) Subsections 33.2 (1) and (2) of the Act are repealed and the
following substituted:
Orders
relating to sexual abuse, child pornography, etc.
(1) If,
under
section 33, the Discipline Committee finds a member guilty of
an act of
professional misconduct consisting of, or including,
an act listed in
subsection (2) of this section, the Committee shall, in addition to anything
else the committee may do under subsection 33 (5),
(
a) make
an order requiring that the member be reprimanded by the Committee;
(
b) make
an interim order directing the Registrar to suspend the member’s certificate of
registration until the Committee makes an order under clause (c); and
(
c) make
an order directing the Registrar to revoke the member’s certificate of
registration.
Same
(2) The
acts of professional misconduct referred to in subsection (1) are the
following:
1. Sexual
abuse of a child.
2. A
prohibited act involving child pornography.
3. A
prescribed sexual act.
(2) Subsection
33.2 (6) of the Act is amended by striking out “that is listed in subsection
(2)”.
Subsection 35.1 (4) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” and substituting “sexual
misconduct, a prohibited act involving child pornography or a prescribed sexual
act”.
Subsection 36 (4.1) of the Act is repealed and the following substituted:
Same
(4.1) Despite
subsections (3) and (4), if a person has had a certificate revoked pursuant to
an order made under
section 33 for committing
an act of professional misconduct
that consisted of or included any of the following, an application under
subsection (1) of this
section to have a new certificate issued shall not be
made earlier than five years from the date of the order:
1. Sexual
abuse of a child.
2. Sexual
misconduct.
3. A
prohibited act involving child pornography.
4. A
prescribed sexual act.
Subsections 37 (2) and (3) of the Act are repealed and the following
substituted:
Same,
sexual abuse, etc.
(2) Subject
to subsections (3) and (4), if a person has had a certificate revoked for
committing
an act of professional misconduct that consisted of or included any
of the following, an order under paragraph 1 of subsection (1) shall not be
made earlier than five years from the date of the order under
section 33 that
revoked the certificate:
1. Sexual
abuse of a child.
2. Sexual
misconduct.
3. A
prohibited act involving child pornography.
4. A
prescribed sexual act.
Same
(3) An
order under subsection (1) shall not be made if,
(
a) a
person’s certificate was suspended or revoked as the result of a complaint made
under subsection 31 (1) involving
an act of professional misconduct referred to
in paragraph 1, 2 or 3 of subsection (2) of this section; and
(
b) the
complaint was made on or after December 5, 2016.
Same
(4) An
order under subsection (1) shall not be made if,
(
a) a
person’s certificate was suspended or revoked as the result of a complaint made
under subsection 31 (1) involving a prescribed sexual act; and
(
b) the
complaint was made on or after the day that offence was prescribed under clause
45 (1) (c.2) as a prescribed sexual act.
Clause 45 (1) (c.2) of the Act is repealed and the following substituted:
(c.2) prescribing
provisions under the Criminal Code (Canada) that
are prescribed sexual acts;
(1) Subsection 58 (7) of the Act is amended by striking out “that
involved sexual abuse of a child, as described in paragraph 1 of subsection
33.2 (2)”.
(2) Subsection
58 (8) of the Act is amended by striking out “that involved sexual abuse of a
child”.
Section 59.1 of the Act is repealed and the following substituted:
Transition:
Safe and Supportive Classrooms Act, 2018
59.1
Section 33.2, as
amended by
section 5 of
Schedule 1 to the Safe and
Supportive Classrooms Act, 2018 , applies to
an act of professional
misconduct that consists of or includes sexual abuse of a child that occurred
on or after August 31, 2015 but before the day
section 11 of that
Schedule came
into force, if no order has been made in respect of the matter under subsection
33 (4) before that day.
Commencement
This
Schedule comes into force on the day the Safe and
Supportive Classrooms Act, 2018 receives Royal Assent.
SCHEDULE 2
EDucation Act
Subsection 8 (1) of the Education Act is amended by
adding the following paragraph:
service
animals
29.5 establish
policies and guidelines respecting service animals in schools, and require
boards to,
(
a) comply
with the policies and guidelines, and
(
b) develop
policies in accordance with those policies
and guidelines;
Commencement
This
Schedule comes into force on the day the Safe and Supportive
Classrooms Act, 2018 receives Royal Assent.
SCHEDULE 3
ONTARIO COLLEGE OF TEACHERS ACT, 1996
(1) The definition of “professional misconduct” in subsection 1
(1) of the Ontario College of Teachers Act, 1996 is
amended by striking out “or” at the end of clause (
c) and by adding the
following clause:
(c.1) engaging
in a prescribed sexual act, or
(2) Subsection
1 (1) of the Act is amended by adding the following definition:
“prescribed
sexual act” means
an act of a sexual nature that is prohibited under the Criminal Code (Canada) and is prescribed by a regulation
made under clause 42 (1) (c.1) of this Act; (“acte sexuel prescrit”)
(3) Section
1 of the Act is amended by adding the following subsection:
(8) For
the purposes of clauses (
b) and (
c) of the definition of “sexual abuse” in
subsection (1),
“sexual
nature” does not include,
(
a) touching
or behaviour that is necessary for the purposes of diapering, toileting,
washing or dressing a student as part of a teacher’s professional
responsibilities, or
(
b) remarks
that are pedagogically appropriate.
(1) Clause 4 (2) (
a) of the Act is amended by striking out “23
persons” at the beginning and substituting “the prescribed number of persons”.
(2) Clause
4 (2) (
b) of the Act is amended by striking out “14 persons” at the beginning
and substituting “the prescribed number of persons”.
Subsection 5 (3) of the Act is repealed.
Section 15 of the Act is amended by adding the following subsection:
Composition
of committees
(4) The
membership of a committee shall be composed, in accordance with the
regulations, of persons elected to the Council under clause 4 (2) (
a) and
persons appointed to the Council under clause 4 (2) (b).
Section 17 of the Act is repealed and the following substituted:
Committee
panels
(1) The
powers and duties of a committee mentioned in paragraph 2, 3, 4 or 5 of
subsection 15 (1) may be exercised by a panel established in accordance with a
regulation made under paragraph 14 of subsection 40 (1).
Principals
and vice-principals
(2) The
powers and duties of a committee mentioned in paragraph 2, 3 or 5 of subsection
15 (1) to hear or review a matter relating to the conduct or actions of a
person who, at the time the conduct or actions occurred, was employed as a
principal or vice-principal, may be exercised by a panel that,
(
a) is
established in accordance with a regulation made under paragraph 14 of
subsection 40 (1); and
(
b) includes
at least one person who is employed as a principal or vice-principal or who was
previously employed as a principal or vice-principal and is still a member of
the College.
Complaint
resolution processes
(3) Subsections
(1) and (2) apply for the purposes of sections 26.1 and 30.1 but, for greater
certainty, do not apply if a single member of the Investigation Committee is
acting on the Committee’s behalf in accordance with subsection 26.1 (12).
Roster
of eligible panellists
(4) The
Council shall establish a roster of eligible panellists for a committee mentioned
in paragraph 2, 3, 4 or 5 of subsection 15 (1) consisting of such persons as
the Council considers qualified to serve as members of a panel of the
committee.
Same
(5) The
Lieutenant Governor in Council may appoint such persons as they consider
appropriate to a roster of panellists established under subsection (4).
Same,
requirements and restrictions
(6) The
inclusion of any person on a roster of panellists for a committee is subject to
any requirements that may be prescribed by the regulations or by-laws.
Not
member of committee
(7) A
person included on a roster of panellists for a committee is not a member of
the committee by reason of their inclusion on the roster or their service on a
panel of the committee.
Decision
of committee
(8) A
decision, finding, order, opinion or action of a panel of a committee is deemed
to be the decision, finding, order, opinion or action of the committee.
Part II.1 of the Act is repealed.
Subsection 18 (1) of the Act is repealed and the following substituted:
Registration
(1) The
Registrar shall issue a certificate of qualification and registration to a
person who,
(
a) applies
for the certificate in accordance with the regulations;
(
b) fulfils
the requirements specified in the regulations for the issuance of the
certificate; and
(
c) successfully
completes any prescribed examinations relating to proficiency in mathematics
that are required for the issuance of the certificate.
(1) Subsection 25 (1) of the Act is amended by striking out “at
least seven” and substituting “the prescribed number”.
(2) Subsection
25 (2) of the Act is repealed.
The French version of subsection 26 (9) of the Act is amended by striking out
“a été accusé ou déclaré coupable d’une infraction au Code
criminel (Canada)” and substituting “a été condamné pour une infraction
au Code criminel (Canada), ou déclaré coupable
d’une infraction à ce code”.
Clause 26.1 (1) (
c) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” at the end and substituting
“sexual misconduct, a prohibited act involving child pornography or a
prescribed sexual act”.
(1) Subsection 27 (1) of the Act is amended by striking out “at
least 11” and substituting “the prescribed number”
(2) Subsection
27 (2) of the Act is repealed.
(1) Subsection 28 (1) of the Act is amended by striking out “at
least five” and substituting “the prescribed number”.
(2) Subsection
28 (2) of the Act is repealed.
Clause 30.1 (1) (
c) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” at the end and substituting
“sexual misconduct, a prohibited act involving child pornography or a
prescribed sexual act”.
(1) Subsections 30.2 (1) and (2) of the Act are repealed and the
following substituted:
Orders
relating to sexual abuse, child pornography, etc.
(1) If,
under
section 30, the Discipline Committee finds a member guilty of
an act of
professional misconduct consisting of or including
an act listed in subsection
(2) of this section, the Committee shall, in addition to anything else the
Committee may do under subsection 30 (5),
(
a) make
an order requiring that the member be reprimanded by the Committee;
(
b) make
an interim order directing the Registrar to suspend the member’s certificate of
qualification and registration until the Committee makes an order under clause
(c); and
(
c) make
an order directing the Registrar to revoke the member’s certificate of
qualification and registration.
Same
(2) The
acts of professional misconduct referred to in subsection (1) are the
following:
1. Sexual
abuse of a student.
2. A
prohibited act involving child pornography.
3. A
prescribed sexual act.
(2) Subsection
30.2 (6) of the Act is amended by striking out “that is listed in subsection
(2)”.
Subsection 32.1 (4) of the Act is amended by striking out “sexual misconduct or
a prohibited act involving child pornography” and substituting “sexual
misconduct, a prohibited act involving child pornography or a prescribed sexual
act”.
Subsection 33 (4.1) of the Act is repealed and the following substituted:
Same
(4.1) Despite
subsections (3) and (4), if a person has had a certificate revoked pursuant to
an order made under
section 30 for committing
an act of professional misconduct
that consisted of or included any of the following, an application under
subsection (1) to have a new certificate issued shall not be made earlier than
five years from the date of the order:
1. Sexual
abuse of a student.
2. Sexual
misconduct.
3. A
prohibited act involving child pornography.
4. A
prescribed sexual act.
(1) Subsection 34 (1) of the Act is amended by striking out “member
or former member” in the portion before paragraph 1 and substituting “person”.
(2) Paragraph
1 of subsection 34 (1) of the Act is amended by striking out “member or former
member” at the end and substituting “person”.
(3) Paragraph
2 of subsection 34 (1) of the Act is amended by striking out “member’s or
former member’s” and substituting “person’s”.
(4) Subsection
34 (2) of the Act is repealed and the following substituted:
Exception
(2) An
order under subsection (1) shall not be made if the person’s certificate was
suspended or revoked for committing
an act of professional misconduct that
consisted of or included any of the following:
1. Sexual
abuse of a student.
2. Sexual
misconduct.
3. A
prohibited act involving child pornography.
4. A
prescribed sexual act.
(1) Paragraph 6.1 of subsection 40 (1) of the Act is repealed.
(2) Paragraph
9 of subsection 40 (1) of the Act is amended by striking out “the Discipline
Committee, the Fitness to Practise Committee and the Public Interest Committee”
at the end and substituting “the Discipline Committee and the Fitness to
Practise Committee.”
(3) Paragraph
9 of subsection 40 (1) of the Act, as amended by subsection (2), is amended by
striking out “other than the Investigation Committee, the Discipline Committee
and the Fitness to Practise Committee.”
(4) Paragraph
10 of subsection 40 (1) of the Act is amended by striking out “other than the
Public Interest Committee” at the end.
(5) Paragraph
11 of subsection 40 (1) of the Act is amended by striking out “other than the
Public Interest Committee” at the end.
(6) Paragraph
14 of subsection 40 (1) of the Act is repealed and the following substituted:
14. governing
the establishment, composition, powers and duties of panels of committees
required by this Act;
(7) Paragraph
14.1 of subsection 40 (1) of the Act is repealed.
(8) Paragraph
14.2 of subsection 40 (1) of the Act is amended by striking out “subsection 17
(3)” in the portion before subparagraph i and substituting “subsection 17 (4)”.
(1) Paragraph 17.1 of subsection 41 (1) of the Act is amended by
striking out “other than the Public Interest Committee”.
(2) Paragraph
21 of subsection 41 (1) of the Act is amended by striking out “other than the
Public Interest Committee” at the end.
(3) Paragraph
23 of subsection 41 (1) of the Act is amended by striking out “other than the
Public Interest Committee”.
(4) Paragraph
26 of subsection 41 (1) of the Act is amended by striking out “other than the
Public Interest Committee” at the end.
(1) Subsection 42 (1) of the Act is amended by adding the following
clause:
(a.1) prescribing
the number of persons elected to the Council under clause 4 (2) (
a) and the
number of persons appointed to the Council under clause 4 (2) (b);
(2) Clause
42 (1) (b.1) of the Act is repealed and the following substituted:
(b.1) respecting
the appointment of the Chair of the Council;
(b.2) prescribing
duties of the Chair of the Council, in addition to any duties that may be set
out in a by-law made by the Council under paragraph 7 of subsection 41 (1);
(3) Clause
42 (1) (
c) of the Act is amended by striking out “subsection 17 (4)” and substituting
“subsection 17 (5)”.
(4) Subsection
42 (1) of the Act is amended by adding the following clause:
(c.0.0.1) respecting
examinations that relate to proficiency in mathematics for the purposes of
clause 18 (1) (c), including but not limited to the development, form, content,
administration and provision of such examinations, any exemptions from such
examinations and any other matters the Lieutenant Governor in Council considers
necessary or advisable in connection with the implementation of such
examinations;
(5) Clause
42 (1) (c.1) of the Act is repealed and the following substituted:
(c.1) prescribing
provisions under the Criminal Code (Canada) that
are prescribed sexual acts;
(6) Subsection
42 (1) of the Act is amended by adding the following clause:
(d.2) providing
for any transitional matters the Lieutenant Governor in Council considers
necessary or advisable in connection with the implementation of the amendments
to this Act made by
Schedule 3 to the Safe and Supportive
Classrooms Act, 2018 .
(7) Subsection
42 (2) of the Act is repealed and the following substituted:
Regulations
— transition
(2) A
regulation made under clause (1) (d.1) may provide that it applies despite this
Act.
Same
(3) A
regulation made under clause (1) (d.2) may provide that it applies despite this
Act and any by-laws or other regulations made under this Act.
(8) Section
42 of the Act is amended by adding the following subsections:
Conflicts
(4) If
there is a conflict between a regulation made under clause (1) (b.1) and a
by-law made under paragraph 11 of subsection 41 (1), the regulation prevails.
Same
(5) If
there is a conflict between a regulation made under clause (1) (b.2) and a
by-law made under paragraph 7 of subsection 41 (1), the regulation prevails.
(9) Section
42 of the Act is amended by adding the following subsection:
Same
(6) If
there is a conflict between a regulation made under clause (1) (c.0.0.1) and a
regulation made under paragraph 18 of subsection 40 (1), the regulation made
under clause (1) (c.0.0.1) prevails.
(1) Paragraph 1 of subsection 63.1 (2) of the Act is repealed and
the following substituted:
1. Subsection
17 (2.1), as it read on the day before
section 5 of
Schedule 3 to the Safe and Supportive Classrooms Act, 2018 came into force,
applies to the matter, in the case of a committee to which the matter was
referred on or after the commencement date but before the day
section 5 of
Schedule 3 to the Safe and Supportive Classrooms Act, 2018
comes into force.
1.1 Subsection
17 (2) applies to the matter, except in the case of a committee to which the
matter was referred before the commencement date.
(2) Subsection
63.1 (5) of the Act is amended by striking out “that involved sexual abuse of a
student, as described in paragraph 1 of subsection 30.2 (2)” and substituting
“that consisted of or included sexual abuse of a student”.
(3) Subsection
63.1 (6) of the Act is amended by striking out “involved” and substituting
“consisted of or included”.
Section 63.2 of the Act is repealed and the following substituted:
Transition:
Safe and Supportive Classrooms Act, 2018
Sexual
abuse
63.2
Section 30.2, as
amended by
section 14 of
Schedule 3 to the Safe and
Supportive Classrooms Act, 2018 , applies to
an act of professional
misconduct that consists of or includes sexual abuse of a student that occurred
before the day
section 23 of that
Schedule came into force if no order has been
made in respect of the matter under subsection 30 (4) of this Act before that
day.
Plan
for Care and Opportunity Act (Budget Measures), 2018
Subsection 1 (4) of
Schedule 19 to the Plan for Care and
Opportunity Act (Budget Measures), 2018 is repealed.
Revocation
Ontario Regulation 370/07 (Public Interest Committee — Members), made under the
Act, is revoked.
Commencement
(1) Subject to subsection (2), this
Schedule comes into force on the
day the Safe and Supportive Classrooms Act, 2018
receives Royal Assent.
(2) Sections
2, 4, 5, 7, 8, 11 and 12 and subsections 18 (3) and (8), 20 (1) to (4) and
(8) and (9) and 21 (1) come into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 4
teACHING pROFESSION aCT
Section 12 of the Teaching Profession Act is
amended by adding the following subsection:
Exception
(3.1) For
the purposes of clauses (
b) and (
c) of the definition of “sexual abuse” in
subsection (3),
“sexual
nature” does not include,
(
a) touching
or behaviour that is necessary for the purpose of diapering, toileting, washing
or dressing a student as part of a teacher’s professional responsibilities, or
(
b) remarks
that are pedagogically appropriate.
Commencement
This
Schedule comes into force on the day the Safe and
Supportive Classrooms Act, 2018 receives Royal Assent.
Date Bill stage Event Outcome Committee
April 3, 2019
Royal Assent
Royal Assent received
April 3, 2019
Third Reading
Vote
Carried
April 3, 2019
Third Reading
Debated
April 2, 2019
Third Reading
Debated
March 20, 2019
Third Reading
Debated
March 19, 2019
Third Reading
Debated
March 6, 2019
Third Reading
Debated
March 5, 2019
Second Reading
Ordered for Third Reading pursuant to the Order of the House
March 5, 2019
Second Reading
Reported without amendment
March 4, 2019
Second Reading
Consideration of a Bill
Standing Committee on Social Policy
February 26, 2019
Second Reading
Consideration of a Bill
Standing Committee on Social Policy
February 25, 2019
Second Reading
Consideration of a Bill
Standing Committee on Social Policy
February 21, 2019
Second Reading
Time allocated
February 19, 2019
Second Reading
Ordered referred to Standing Committee
Standing Committee on Social Policy
February 19, 2019
Second Reading
Vote
Carried on division
February 19, 2019
Second Reading
Debated
November 19, 2018
Second Reading
Debated
November 14, 2018
Second Reading
Debated
November 13, 2018
Second Reading
Debated
November 12, 2018
Second Reading
Debated
October 25, 2018
First Reading
Vote
Carried
Debates and Progress
First Reading
October 25, 2018
Committee
Second Reading
November 12, 2018
Principal Debaters :
Hon. Lisa M. Thompson, Mr. Sam Oosterhoff, Ms. Marit Stiles
Questions and Comments :
Ms. Jennifer K. French, Mr. Will Bouma, Mr. Jamie West, Mr. Jeremy Roberts
November 13, 2018
Principal Debaters :
Ms. Marit Stiles, Mr. Parm Gill, Ms. Peggy Sattler
Questions and Comments :
Mr. Paul Calandra, Mr. Joel Harden, Mr. Robert Bailey, Mme France Gélinas, Ms. Jill Andrew, Ms. Jill Dunlop, Ms. Laura Mae Lindo, Mr. Sam Oosterhoff
November 14, 2018
Principal Debaters :
Mrs. Amy Fee, Ms. Teresa J. Armstrong, Mrs Robin Martin
Questions and Comments :
Ms. Marit Stiles, Ms. Andrea Khanjin, Mr. Joel Harden, Mr. Roman Baber, Mr. Ross Romano, Ms. Bhutila Karpoche, Mr. Sheref Sabawy, Mr. Joel Harden
November 19, 2018
Principal Debaters :
Ms. Laura Mae Lindo, Mr. Lorne Coe, Mr. Kaleed Rasheed, Ms. Suze Morrison, Mme France Gélinas, Ms. Jane McKenna, Ms. Jessica Bell, Mr. Will Bouma, Mr. Jeff Burch, Mr. Toby Barrett
Questions and Comments :
Mr. Parm Gill, Mr. Faisal Hassan, Mr. Billy Pang, Ms. Marit Stiles, Mr. Ian Arthur, Ms. Jill Dunlop, Mr. Guy Bourgouin, Mr. Paul Calandra, Ms. Teresa J. Armstrong, Mr. Jeremy Roberts, Mr. Rick Nicholls, Mr. Parm Gill, Ms. Sara Singh, Mr. Sol Mamakwa, Mr. Randy Pettapiece, Mr. Wayne Gates, Ms. Bhutila Karpoche, Ms. Goldie Ghamari, Mr. Kevin Yarde
February 19, 2019
Principal Debaters :
Mr. Joel Harden, Ms. Donna Skelly, Ms. Jill Andrew, Mr. Mike Harris
Questions and Comments :
Mr. Vijay Thanigasalam, Ms. Laura Mae Lindo, Mr. Paul Calandra, Ms. Peggy Sattler, Mr. Michael Mantha, Mr. Robert Bailey, Mme France Gélinas, Mme Natalia Kusendova, Mr. Sam Oosterhoff, M. Guy Bourgouin, Ms. Goldie Ghamari, Mrs. Jennifer (Jennie) Stevens
February 19, 2019
Carried on recorded division. Referred to the Standing Committee on Social Policy.
Time Allocation
February 20, 2019
Hon. Todd Smith, Mr. Gilles Bisson, Mrs. Amy Fee, Ms. Teresa J. Armstrong, Mr. Doug Downey
Time Allocation
February 21, 2019
Mrs. Gila Martow, Ms. Marit Stiles
Vote deferred.
February 21, 2019
Carried on recorded division.
Committee
Standing Committee on Social Policy
February 25, 2019
February 26, 2019
March 4, 2019
March 5, 2019
Reported to the House without amendment.
Third Reading
March 6, 2019
Principal Debaters :
Hon. Steve Clark, Mr. Sam Oosterhoff, Hon. Lisa M. Thompson, Ms. Doly Begum, Mrs. Lisa Gretzky
Questions and Comments :
Mr. Percy Hatfield, Mr. David Piccini, Mr. Jamie West, Mrs. Nina Tangri, Mr. Roman Baber, Mr. Wayne Gates, Ms. Andrea Khanjin, Mr. Percy Hatfield
March 19, 2019
Principal Debaters :
Mr. Robert Bailey, Ms. Marit Stiles, Ms. Catherine Fife, Ms. Goldie Ghamari
Questions and Comments :
Mr. Tom Rakocevic, Mr. Sam Oosterhoff, Ms. Jessica Bell, Mme Natalia Kusendova, Mr. Paul Calandra, Ms. Rima Berns-McGown, Mr. David Piccini, Mr. Paul Miller, Ms. Donna Skelly, Mr. Gurratan Singh, Mr. Will Bouma, Mr. Dave Smith
March 20, 2019
Principal Debaters :
Mrs. Robin Martin, Mr. Deepak Anand, Ms. Jill Andrew, Mr. Doug Downey
Questions and Comments :
Ms. Marit Stiles, Mr. Sheref Sabawy, Mr. Jeff Burch, Mrs. Nina Tangri, Mrs. Lisa Gretzky, Mr. Vincent Ke, Mr. Jeremy Roberts, Ms. Lindsey Park, Mr. Ross Romano, Mr. Gilles Bisson
April 2, 2019
Principal Debaters:
Mr. Will Bouma, Mr. Paul Calandra, Mr. Mike Harris, Ms. Peggy Sattler
Questions and Comments:
Mr. Joel Harden, Mr. Sam Oosterhoff, M. Guy Bourgouin, Mr. Dave Smith, Mrs. Daisy Wai, Mr. Michael Mantha, Mr. Daryl Kramp, Ms. Jill Andrew
April 3, 2019
Principal Debaters:
Miss Monique Taylor, Mr. Prabmeet Singh Sarkaria
Questions and Comments:
Mr. Dave Smith, Mr. Chris Glover, Mrs. Robin Martin, Mr. Taras Natyshak
Vote deferred.
April 3, 2019
Carried on recorded division
Royal Assent
Wednesday, April 3, 2019
Acts affected - Bill 48
Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws
Early Childhood Educators Act, 2007
Education Act
Ontario College of Teachers Act, 1996
Plan for Care and Opportunity Act (Budget Measures), 2018
Teaching Profession Act
Legislative Assembly of Ontario
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