Strengthening Post-secondary Institutions and Students Act, 2022 — Bill 26 (43rd Parliament, 1st Session)
Bill 26, 43-1
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Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022
Dunlop, Hon. Jill Minister of Colleges and Universities
Royal Assent received. Statutes of Ontario 2022,
chapter 22
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As Amended by Standing Committee
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Bill 26 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a
reader’s aid to Bill 26 and does not form part of the law.
Bill 26 has been enacted as
Chapter 22 of the Statutes of Ontario, 2022.
SCHEDULE 1
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT
The
Ministry of Training, Colleges and Universities Act
is amended to add a new
section setting out rules respecting sexual misconduct
toward students by employees of publicly-assisted universities and colleges of
applied arts and technology, and to address related matters.
SCHEDULE 2
PRIVATE CAREER COLLEGES ACT, 2005
The
Private Career Colleges Act, 2005 is amended to add
a new
section setting out rules respecting sexual misconduct toward students by
employees of private career colleges, and to address related matters.
SCHEDULE 3
RYERSON UNIVERSITY ACT, 1977
The
Ryerson University Act, 1977 is amended to change
the name of the university to Toronto Metropolitan University, and to change
the size and composition of the university’s Senate.
Bill 26 2022
Act to amend various Acts in respect of post-secondary education
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule
Ministry
of Training, Colleges and Universities Act
Schedule
Private
Career Colleges Act, 2005
Schedule
Ryerson
University Act, 1977
His
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) Except as otherwise provided in this
section, 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 Strengthening Post-secondary Institutions and Students Act, 2022 .
SCHEDULE 1
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT
Section 1 of the Ministry of Training, Colleges and
Universities Act is amended by adding the following definition:
“publicly-assisted
university” means a university that receives regular and ongoing operating
funds from the government for the purposes of post-secondary education;
(“université financée par les fonds publics”)
(1) Paragraph 2 of subsection 15 (6) of the Act is repealed and the
following substituted:
2. A
publicly-assisted university.
(2) Paragraph
4 of subsection 15 (6) of the Act is repealed.
The Act is amended by adding the following section:
Sexual misconduct by
employees
16.1
(1) In this
section,
“institution” means a publicly-assisted
university or college of applied arts and technology; (“établissement”)
“sexual
misconduct” means, in relation to a student of an institution,
(
a) physical
sexual relations with the student, touching of a sexual nature of the student
or behaviour or remarks of a sexual nature toward the student by an employee of
the institution where,
(
i) the
act constitutes an offence under the Criminal Code
(Canada),
(ii) the
act infringes the right of the student under clause 7 (3) (
a) of the Human Rights Code to be free from a sexual solicitation
or advance, or
(iii) the
act constitutes sexual misconduct as defined in the institution’s employee
sexual misconduct policy or contravenes the policy or any other policy, rule or
other requirement of the institution respecting sexual relations between
employees and students, or
(
b) any
conduct by an employee of the institution that infringes the right of the
student under clause 7 (3) (
b) of the Human Rights Code
to be free from a reprisal or threat of reprisal for the rejection of a sexual
solicitation or advance. (“inconduite sexuelle”)
Discharge
or discipline
(2) If
an employee of an institution commits
an act of sexual misconduct toward a
student of an institution, the institution may discharge or discipline the
employee for that act, and,
(
a) the
discharge or disciplinary measure is deemed to be for just cause for all
purposes;
(
b) the
employee is not entitled to notice of termination or termination pay or any
other compensation or restitution as a result of the discharge or disciplinary
measure; and
(
c) despite
subsection 48 (17) of the Labour Relations Act, 1995
and subsection 14 (17) of the Colleges Collective
Bargaining Act, 2008 , and despite any provision of a collective
agreement or employment contract specifying a penalty for the infraction, no
arbitrator, arbitration board or other adjudicator shall substitute any other
penalty for the discharge or disciplinary measure imposed by the institution.
re-employment
(3) If
an employee of an institution commits
an act of sexual misconduct toward a
student of an institution and the institution discharges the employee for that
act or the employee resigns from their employment, the institution shall not
subsequently re-employ the employee.
Same
(4) If
an institution determines that it has re-employed an individual contrary to
subsection (3), the institution shall discharge the employee and clauses (2)
(
a) to (
c) shall apply to the discharge.
Agreement
(5) Subject
to subsection (6), an agreement between an institution and any person,
including a collective agreement or an agreement settling existing or
contemplated litigation, that is entered into on or after the day
section 3 of
Schedule 1 to the Strengthening Post-secondary
Institutions and Students Act, 2022 comes into force, shall not contain
any term that, directly or indirectly, prohibits the institution or any person
related to the institution from disclosing that an allegation or complaint has
been made that an employee of the institution committed
an act of sexual
misconduct toward a student of the institution, and any such term that is
included in an agreement is void.
Exception
(6) An
institution may enter into an agreement that contains a term described in
subsection (5) if the student requests that the institution do so, provided
that,
(
a) the
student has had a reasonable opportunity to receive independent legal advice;
(
b) there
have been no undue attempts to influence the student with respect to the
request;
(
c) the
agreement includes an opportunity for the student to decide to waive their own
confidentiality in the future and the process for doing so; and
(
d) the
agreement is of a set and limited duration.
Contrary
term, rule, etc.
(7) Subsections
(2) to (6) apply despite any contrary term in an employment contract or
collective agreement, or any contrary rule or principle of common law or
equity.
Employee
sexual misconduct policy
(8) Every
institution shall have an employee sexual misconduct policy that includes, at a
minimum,
(
a) the
institution’s rules with respect to sexual behaviour
that involves employees and students of the institution; and
(
b) examples
of disciplinary measures that may be imposed on employees who contravene the
policy.
Same
(9) The
employee sexual misconduct policy referred to in subsection (8) may specify
acts that constitute sexual misconduct for the purposes of the definition of
“sexual misconduct”.
Same
(10) The
employee sexual misconduct policy referred to in subsection (8) may be included
as part of another policy, including as part of the sexual violence policy
required under subsection 17 (3).
The following provisions of the Act are amended by striking out “university
that receives regular and ongoing operating funds from the government for the
purposes of post-secondary education” wherever it appears and substituting in
each case “publicly-assisted university”:
1. Subsection
6.1 (1).
2. Subsection
17 (2).
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Strengthening
Post-secondary Institutions and Students Act, 2022 receives Royal
Assent.
(2) Section
3 comes into force on the later of July 1, 2023 and the day the Strengthening Post-secondary Institutions and Students Act, 2022
receives Royal Assent.
SCHEDULE 2
PRIVATE CAREER COLLEGES ACT, 2005
The Private Career Colleges Act, 2005 is amended by
adding the following section:
Sexual
misconduct by employees
32.0.1
(1) In this
section,
“sexual
misconduct” means, in relation to a student enrolled at a private career
college,
(
a) physical
sexual relations with the student, touching of a sexual nature of the student
or behaviour or remarks of a sexual nature toward the student by an employee of
the private career college where,
(
i) the
act constitutes an offence under the Criminal Code
(Canada),
(ii) the
act infringes the right of the student under clause 7 (3) (
a) of the Human Rights Code to be free from a sexual solicitation
or advance, or
(iii) the
act constitutes sexual misconduct as defined in the private career college’s
employee sexual misconduct policy or contravenes the policy or any other
policy, rule or other requirement of the private career college respecting
sexual relations between employees and students, or
(
b) any
conduct by an employee of the private career college that infringes the right
of the student under clause 7 (3) (
b) of the Human Rights
Code to be free from a reprisal or threat of reprisal for the rejection
of a sexual solicitation or advance. (“inconduite sexuelle”)
Discharge
or discipline
(2) If
an employee of a private career college commits
an act of sexual misconduct
toward a student enrolled at a private career college, the private career
college may discharge or discipline the employee for that act, and,
(
a) the
discharge or disciplinary measure is deemed to be for just cause for all
purposes;
(
b) the
employee is not entitled to notice of termination or termination pay or any
other compensation or restitution as a result of the discharge or disciplinary
measure; and
(
c) despite
subsection 48 (17) of the Labour Relations Act, 1995 ,
and despite any provision of a collective agreement or employment contract
specifying a penalty for the infraction, no arbitrator, arbitration board or
other adjudicator shall substitute any other penalty for the discharge or
disciplinary measure imposed by the private career college.
re-employment
(3) If
an employee of a private career college commits
an act of sexual misconduct
toward a student enrolled at a private career college and the private career
college discharges the employee for that act or the employee resigns from their
employment, the private career college shall not subsequently re-employ the
employee.
Same
(4) If
a private career college determines that it has re-employed an individual
contrary to subsection (3), the private career college shall discharge the
employee, and clauses (2) (
a) to (
c) shall apply to the discharge.
Agreement
(5) Subject
to subsection (6), an agreement between a private career college and any
person, including a collective agreement or an agreement settling existing or
contemplated litigation, that is entered into on or after the day
section 1 of
Schedule 2 to the Strengthening Post-secondary
Institutions and Students Act, 2022 comes into force, shall not contain
any term that, directly or indirectly, prohibits the private career college or
any person related to the private career college from disclosing that an
allegation or complaint has been made that an employee of the private career
college committed
an act of sexual misconduct toward a student of the private
career college, and any such term that is included in an agreement is void.
Exception
(6) A
private career college may enter into an agreement that contains a term
described in subsection (5) if the student requests that the private career
college do so, provided that,
(
a) the
student has had a reasonable opportunity to receive independent legal advice;
(
b) there
have been no undue attempts to influence the student with respect to the
request;
(
c) the
agreement includes an opportunity for the student to decide to waive their own
confidentiality in the future and the process for doing so; and
(
d) the
agreement is of a set and limited duration.
Contrary
term, rule, etc.
(7) Subsections
(2) to (6) apply despite any contrary term in an employment contract or
collective agreement, or any contrary rule or principle of common law or
equity.
Employee
sexual misconduct policy
(8) It
is a condition of every registration that a private career college have an
employee sexual misconduct policy that includes, at a minimum,
(
a) the
private career college’s rules with respect to sexual behaviour that involves
employees and students enrolled at the private career college; and
(
b) examples
of disciplinary measures that may be imposed on employees who contravene the
policy.
Same
(9) The
employee sexual misconduct policy referred to in subsection (8) may specify
acts that constitute sexual misconduct for the purposes of the definition of
“sexual misconduct”.
Same
(10) The
employee sexual misconduct policy referred to in subsection (8) may be included
as part of another policy, including as part of the sexual violence policy
required under subsection 32.1 (2).
Clause 32.1 (2) (
a) of the Act is repealed and the following substituted:
(
a) subject
to subsection 32.0.1 (10), specifically and solely addresses sexual violence
involving students enrolled at the private career college;
Commencement
This
Schedule comes into force on the later of July 1, 2023 and the day the Strengthening Post-secondary Institutions and Students Act, 2022
receives Royal Assent.
SCHEDULE 3
RYERSON UNIVERSITY ACT, 1977
The title of the Ryerson University Act, 1977 is
repealed and the following substituted:
Toronto
Metropolitan University Act, 1977
Clause 1 (1) (
c) of the Act is amended by striking out “Ryerson Polytechnic
University or Ryerson University” and substituting “Ryerson Polytechnic
University, Ryerson University or Toronto Metropolitan University”.
Subsection 2 (1) of the Act is repealed and the following substituted:
University
(1) Ryerson
University is continued under the name Toronto Metropolitan University.
(1) Clause 9 (1) (
a) of the Act is repealed and the following
substituted:
(
a) the
Chancellor, the President, the Vice-Presidents, the Deputy Provost, the
Vice-Provosts, the Deans, the Chief Librarian and the Registrar, each of whom
shall be a member of the Senate by virtue of office; and
(2) Clause
9 (1) (
b) of the Act is amended by striking out “fifty-one” and substituting
“sixty-two”.
The Act is amended by striking out “Ryerson University” wherever it appears and
substituting in each case “Toronto Metropolitan University”, except in the
following provisions:
1. Clause
1 (1) (c).
2. Subsection
2 (1).
University
Foundations Act, 1992
The
Schedule to the University Foundations Act, 1992
is amended by striking out “Ryerson University” and substituting “Toronto
Metropolitan University”.
Commencement
This
Schedule comes into force on the day the Strengthening
Post-secondary Institutions and Students Act, 2022 receives Royal
Assent.
Bill 26 As Amended by Standing Committee (PDF)
This
reprint of the Bill is marked to indicate the changes that were made in
Committee.
The
changes are indicated by underlines for
new text and a strikethrough for deleted text.
______________
EXPLANATORY
NOTE
SCHEDULE 1
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT
The
Ministry of Training, Colleges and Universities Act
is amended to add a new
section setting out rules respecting sexual abuse of sexual misconduct toward students
by employees of publicly-assisted universities and colleges of applied arts and
technology, and to address related matters.
SCHEDULE 2
PRIVATE CAREER COLLEGES ACT, 2005
The
Private Career Colleges Act, 2005 is amended to add
a new
section setting out rules respecting sexual abuse of sexual misconduct toward students by
employees of private career colleges, and to address related matters.
SCHEDULE 3
RYERSON UNIVERSITY ACT, 1977
The
Ryerson University Act, 1977 is amended to change
the name of the university to Toronto Metropolitan University, and to change
the size and composition of the university’s Senate.
Bill 26 2022
Act to amend various Acts in respect of post-secondary education
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Ministry
of Training, Colleges and Universities Act
Schedule 2
Private
Career Colleges Act, 2005
Schedule 3
Ryerson
University Act, 1977
His
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) Except as otherwise provided in this
section, 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 Strengthening Post-secondary Institutions and Students Act, 2022 .
SCHEDULE 1
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT
Section 1 of the Ministry of Training, Colleges and
Universities Act is amended by adding the following definition:
“publicly-assisted
university” means a university that receives regular and ongoing operating
funds from the government for the purposes of post-secondary education;
(“université financée par les fonds publics”)
(1) Paragraph 2 of subsection 15 (6) of the Act is repealed and the
following substituted:
2. A
publicly-assisted university.
(2) Paragraph
4 of subsection 15 (6) of the Act is repealed.
The Act is amended by adding the following section:
Sexual misconduct by
employees
16.1
(1) In this
section,
“institution” means a publicly-assisted
university or college of applied arts and technology; (“établissement”)
“sexual
abuse” means, in relation to a student of an institution,
(
a) physical
sexual relations with the student, touching of a sexual nature of the student,
or behaviour or remarks of a sexual nature toward the student by an employee of
the institution where,
(
i) the act constitutes an
offence under the Criminal Code (Canada),
(ii) the act infringes the
right of the student under clause 7 (3) (
a) of the Human
Rights Code to be free from a sexual solicitation or advance, or
(iii) the act constitutes
sexual abuse as defined in the institution’s employee sexual misconduct policy
or contravenes the policy or any other policy, rule or
other requirement of the institution respecting sexual relations between
employees and students, or
(
b) any conduct by an employee of the
institution that infringes the right of the student under clause 7 (3) (
b) of
the Human Rights Code to be free from a reprisal or
threat of reprisal for the rejection of a sexual solicitation or advance.
(“mauvais traitements d’ordre sexuel”)
“sexual
misconduct” means, in relation to a student of an institution,
(
a) physi cal sexual relations with the student, touching of a
sexual nature of the student or behaviour or remarks of a sexual nature toward
the student by an employee of the institution where,
(
i) the act constitutes an offence under the Criminal Code (Canada),
(ii) the act infringes the right of the student under clause
7 (3) (
a) of the Human Rights Code to be free from a sexual solicitation or advance, or
(iii) the act constitutes sexual misconduct as defined in the
institution’s employee sexual misconduct po licy or contravenes the policy or any other policy, rule
or other requirement of the institution respecting sexual relations between
employees and students, or
(
b) any conduct by an employee of the institution that
infringes the right of the student under clause 7 (3) (
b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the
rejection of a sexual solicitation or advance. (“ inconduite sexuelle ”)
Discharge
or discipline
(2) If
an employee of an institution commits
an act of sexual abuse of sexual misconduct toward a student of an
institution, the institution may discharge or discipline the employee for that
act, and,
(
a) the
discharge or disciplinary measure is deemed to be for just cause for all
purposes;
(
b) the
employee is not entitled to notice of termination or termination pay or any
other compensation or restitution as a result of the discharge or disciplinary
measure; and
(
c) despite
subsection 48 (17) of the Labour Relations Act, 1995
and subsection 14 (17) of the Colleges Collective
Bargaining Act, 2008 , and despite any provision of a collective
agreement or employment contract specifying a penalty for the infraction, no
arbitrator, arbitration board or other adjudicator shall substitute any other
penalty for the discharge or disciplinary measure imposed by the institution.
re-employment
(3) If
an employee of an institution commits
an act of sexual abuse of sexual misconduct toward a student of an
institution and the institution discharges the employee for that act or the
employee resigns from their employment, the institution shall not subsequently
re-employ the employee.
Same
(4) If
an institution determines that it has re-employed an individual contrary to
subsection (3), the institution shall discharge the employee and clauses (2)
(
a) to (
c) shall apply to the discharge.
Agreement
(5) An agreement between an
institution and any person, including a collective agreement or an agreement
settling existing or contemplated litigation, that is entered into on or after
the day
section 3 of
Schedule 1 to the Strengthening Post-secondary Institutions and Students Act, 2022
comes into force, shall not contain any term that, directly or
indirectly, prohibits the institution or any person related to the institution
from disclosing the fact that a court, arbitrator or other adjudicator has
determined that an employee of the institution has committed
an act of sexual
abuse of a student of the institution, and any such term that is included in an
agreement is void.
Same
(6) Subsections (2) to
(5) apply despite any contrary term in an employment contract or collective
agreement, or any contrary rule or principle of common law or equity.
Agreement
(5) Subject to subsection (5.1), an agreement
between an institution and any person, including a collective agreement or an
agreement settling existing or contemplated litigation, that is entered into on
or after the day
section 3 of
Schedule 1 to the Str engthening Post-secondary Institutions
and Students Act, 2022 comes into force, shall not contain any term that,
directly or indirectly, prohibits the institution or any person related to the
institution from disclosing that an allegation or complaint has been made that an employee of the institution committed an
act of sexual misconduct toward a student of the institution, and any such term
that is included in an agreement is void.
Exception
(5.1) An institution may enter into an
agreement that contains a term described in subsection (5) if the student requests
that the institution do so, provided that,
(
a) the student has had a reasonable opportunity to receive
independent legal advice;
(
b) there have been no undue attempts to influence the
student wi th
respect to the request;
(
c) the agreement includes an opportunity for the student to
decide to waive their own confidentiality in the future and the process for
doing so; and
(
d) the agreement is of a set and limited duration.
Contrary term, rule, etc.
(6) Subsections (2) to (5.1) apply despite any
contrary term in an employment contract or collective agreement, or any
contrary rule or principle of common law or equity.
Employee
sexual misconduct policy
(7) Every
institution shall have an employee sexual misconduct policy that includes, at a
minimum,
(
a) the
institution’s rules with respect to sexual behaviour
that involves employees and students of the institution; and
(
b) examples
of disciplinary measures that may be imposed on employees who contravene the
policy.
Sexual abuse
(8) An employee sexual
misconduct policy may specify acts that constitute sexual abuse for the
purposes of the definition of “sexual abuse”.
Same
(9) An employee sexual
misconduct policy may be included as part of another policy, including as part
of the sexual violence policy required under subsection 17 (3).
Same
(8) The employee sexual misconduct policy
referred to in subsection (7) may specify acts that constitute sexual
misconduct for the purposes of the definition of “sexual misconduct”.
Same
(9) The employee sexual misconduct policy
referred to in subsection (7) may be included as part of another policy,
including as part of the sexual violence policy required under subsection 17
(3).
The following provisions of the Act are amended by striking out “university
that receives regular and ongoing operating funds from the government for the
purposes of post-secondary education” wherever it appears and substituting in
each case “publicly-assisted university”:
1. Subsection
6.1 (1).
2. Subsection
17 (2).
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Strengthening
Post-secondary Institutions and Students Act, 2022 receives Royal
Assent.
(2) Section
3 comes into force on the later of July 1, 2023 and the day the Strengthening Post-secondary Institutions and Students Act, 2022
receives Royal Assent.
SCHEDULE 2
PRIVATE CAREER COLLEGES ACT, 2005
The Private Career Colleges Act, 2005 is amended by
adding the following section:
Sexual
misconduct by employees
32.0.1
(1) In this
section,
“sexual abuse” means, in relation to a
student enrolled at a private career college,
(
a) physical sexual relations with
the student, touching of a sexual nature of the student, or behaviour or
remarks of a sexual nature toward the student by an employee of the private
career college where,
(
i) the act constitutes an
offence under the Criminal Code (Canada),
(ii) the act infringes the
right of the student under clause 7 (3) (
a) of the Human
Rights Code to be free from a sexual solicitation or advance, or
(iii) the act constitutes
sexual abuse as defined in the private career college’s employee sexual
misconduct policy or contravenes the policy or any other policy, rule or other
requirement of the private career college respecting sexual relations between
employees and students, or
(
b) any conduct by an employee of the
private career college that infringes the right of the student under clause 7
(3) (
b) of the Human Rights Code to be free from a
reprisal or threat of reprisal for the rejection of a sexual solicitation or
advance. (“mauvais traitements d’ordre sexuel”)
“sexual
misconduct” means, in relation to a student enrolled at a private career
college,
(
a) physical
sexual relations with the student, touching of a sexual nature of the student
or behaviour or remarks of a sexual nature toward the student by an employee of
the private career college where,
(
i) the
act constitutes an offence under the Criminal Code (Canada),
(ii) the act infringes the right of the student under clause
7 (3) (
a) of the Human Rights Code to be free from a sexual solicitation or advance, or
(iii) the act constitutes sexual miscond uct as defined in the private career college’s employee
sexual misconduct policy or contravenes the policy or any other policy, rule or
other requirement of the private career college respecting sexual relations
between employees and students, or
(
b) any conduct by an employee of the private career college that
infringes the right of the student under clause 7 (3) (
b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the
rejection of a sexual solicitation or advance. (“ inconduite sexuelle ”)
Discharge
or discipline
(2) If
an employee of a private career college commits
an act of sexual abuse of sexual misconduct toward a student enrolled
at a private career college, the private career college may discharge or
discipline the employee for that act, and,
(
a) the
discharge or disciplinary measure is deemed to be for just cause for all
purposes;
(
b) the
employee is not entitled to notice of termination or termination pay or any
other compensation or restitution as a result of the discharge or disciplinary
measure; and
(
c) despite
subsection 48 (17) of the Labour Relations Act, 1995 ,
and despite any provision of a collective agreement or employment contract
specifying a penalty for the infraction, no arbitrator, arbitration board or
other adjudicator shall substitute any other penalty for the discharge or
disciplinary measure imposed by the private career college.
re-employment
(3) If
an employee of a private career college commits
an act of sexual abuse of sexual misconduct toward a student enrolled
at a private career college and the private career college discharges the
employee for that act or the employee resigns from their employment, the
private career college shall not subsequently re-employ the employee.
Same
(4) If
a private career college determines that it has re-employed an individual
contrary to subsection (3), the private career college shall discharge the
employee, and clauses (2) (
a) to (
c) shall apply to the discharge.
Agreement
(5) An agreement between a
private career college and any person, including a collective agreement or an
agreement settling existing or contemplated litigation, that is entered into on
or after the day
section 1 of
Schedule 2 to the Strengthening
Post-secondary Institutions and Students Act, 2022 comes into force,
shall not contain any term that, directly or indirectly, prohibits the private
career college or any person related to the private career college from
disclosing the fact that a court, arbitrator or other adjudicator has determined
that an employee of the private career college has committed
an act of sexual
abuse of a student enrolled at the private career college, and any such term
that is included in an agreement is void.
Same
(6) Subsections (2) to
(5) apply despite any contrary term in an employment contract or collective
agreement, or any contrary rule or principle of common law or equity.
Agreement
(5) Subject to subsection (5.1), an agreement
between a private career college and any person, including a collective
agreement or an agreement settling existing or contemplated litigation, that is
entered into on or after the day
section 1 of
Schedule 2 to the Strengthening Post-secondary Institutions and Students
Act, 2022 comes into force, shall not contain any term that,
directly or indirectly, prohibits the private career college or any person
related to the private career college from disclosing that an allegation or complaint has
been made that an employee of the private career college committed
an act of
sexual misconduct toward a student of the private career college, and any such
term that is included in an agreement is void.
Exception
(5.1) A pr ivate career college may enter into an agreement that
contains a term described in subsection (5) if the student requests that the
private career college do so, provided that,
(
a) the student has had a reasonable opportunity to receive
independent legal advice;
(
b) there have been no undue attempts to influence the
student with respect to the request;
(
c) the agreement includes an opportunity for the student to
decide to waive their own confidentiality in the future and the process for
doing so; and
(
d) the
agreement is of a set and limited duration.
Contrary term, rule, etc.
(6) Subsections (2) to (5.1) apply despite any
contrary term in an employment contract or collective agreement, or any
contrary rule or principle of common law or equity.
Employee
sexual misconduct policy
(7) It
is a condition of every registration that a private career college have an
employee sexual misconduct policy that includes, at a minimum,
(
a) the
private career college’s rules with respect to sexual behaviour that involves
employees and students enrolled at the private career college; and
(
b) examples
of disciplinary measures that may be imposed on employees who contravene the
policy.
Sexual abuse
(8) An employee sexual
misconduct policy may specify acts that constitute sexual abuse for the
purposes of the definition of “sexual abuse”.
Same
(9) An employee sexual
misconduct policy may be included as part of another policy, including as part
of the sexual violence policy required under subsection 32.1 (2).
Same
(8) The employee sexual misconduct policy
referred to in subsection (7) may specify acts that constitute sexual
misconduct for the purposes of the definition of “sexual misconduct”.
Same
(9) The employee sexual misconduct policy
referred to in subs ection
(7) may be included as part of another policy, including as part of the sexual
violence policy required under subsection 32.1 (2).
Clause 32.1 (2) (
a) of the Act is repealed and the following substituted:
(
a) subject
to subsection 32.0.1 (9), specifically and solely addresses sexual violence
involving students enrolled at the private career college;
Commencement
This
Schedule comes into force on the later of July 1, 2023 and the day the Strengthening Post-secondary Institutions and Students Act, 2022
receives Royal Assent.
SCHEDULE 3
RYERSON UNIVERSITY ACT, 1977
The title of the Ryerson University Act, 1977 is
repealed and the following substituted:
Toronto
Metropolitan University Act, 1977
Clause 1 (1) (
c) of the Act is amended by striking out “Ryerson Polytechnic
University or Ryerson University” and substituting “Ryerson Polytechnic
University, Ryerson University or Toronto Metropolitan University”.
Subsection 2 (1) of the Act is repealed and the following substituted:
University
(1) Ryerson
University is continued under the name Toronto Metropolitan University.
(1) Clause 9 (1) (
a) of the Act is repealed and the following
substituted:
(
a) the
Chancellor, the President, the Vice-Presidents, the Deputy Provost, the Vice-Provosts,
the Deans, the Chief Librarian and the Registrar, each of whom shall be a
member of the Senate by virtue of office; and
(2) Clause
9 (1) (
b) of the Act is amended by striking out “fifty-one” and substituting
“sixty-two”.
The Act is amended by striking out “Ryerson University” wherever it appears and
substituting in each case “Toronto Metropolitan University”, except in the
following provisions:
1. Clause
1 (1) (c).
2. Subsection
2 (1).
University
Foundations Act, 1992
The
Schedule to the University Foundations Act, 1992
is amended by striking out “Ryerson University” and substituting “Toronto
Metropolitan University”.
Commencement
This
Schedule comes into force on the day the Strengthening
Post-secondary Institutions and Students Act, 2022 receives Royal
Assent.
Bill 26 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT
The
Ministry of Training, Colleges and Universities Act
is amended to add a new
section setting out rules respecting sexual abuse of
students by employees of publicly-assisted universities and colleges of applied
arts and technology, and to address related matters.
SCHEDULE 2
PRIVATE CAREER COLLEGES ACT, 2005
The
Private Career Colleges Act, 2005 is amended to add
a new
section setting out rules respecting sexual abuse of students by
employees of private career colleges, and to address related matters.
SCHEDULE 3
RYERSON UNIVERSITY ACT, 1977
The
Ryerson University Act, 1977 is amended to change
the name of the university to Toronto Metropolitan University, and to change
the size and composition of the university’s Senate.
Bill 26 2022
Act to amend various Acts in respect of post-secondary education
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Ministry
of Training, Colleges and Universities Act
Schedule 2
Private
Career Colleges Act, 2005
Schedule 3
Ryerson
University Act, 1977
His
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) Except as otherwise provided in this
section, 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 Strengthening
Post-secondary Institutions and Students Act, 2022 .
SCHEDULE 1
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT
Section 1 of the Ministry of Training, Colleges and
Universities Act is amended by adding the following definition:
“publicly-assisted
university” means a university that receives regular and ongoing operating
funds from the government for the purposes of post-secondary education;
(“université financée par les fonds publics”)
(1) Paragraph 2 of subsection 15 (6) of the Act is repealed and the
following substituted:
2. A
publicly-assisted university.
(2) Paragraph
4 of subsection 15 (6) of the Act is repealed.
The Act is amended by adding the following section:
Sexual abuse by employees
16.1
(1) In this
section,
“institution” means a publicly-assisted
university or college of applied arts and technology; (“établissement”)
“sexual abuse” means, in relation to a student
of an institution,
(
a) physical sexual relations with the
student, touching of a sexual nature of the student, or behaviour or remarks of
a sexual nature toward the student by an employee of the institution where,
(
i) the
act constitutes an offence under the Criminal Code
(Canada),
(ii) the
act infringes the right of the student under clause 7 (3) (
a) of the Human Rights Code to be free from a sexual solicitation
or advance, or
(iii) the
act constitutes sexual abuse as defined in the institution’s employee sexual
misconduct policy or contravenes the policy or any other
policy, rule or other requirement of the institution respecting sexual
relations between employees and students, or
(
b) any
conduct by an employee of the institution that infringes the right of the
student under clause 7 (3) (
b) of the Human Rights Code
to be free from a reprisal or threat of reprisal for the rejection of a sexual
solicitation or advance. (“mauvais traitements d’ordre sexuel”)
Discharge
or discipline
(2) If
an employee of an institution commits
an act of sexual abuse of a student of an
institution, the institution may discharge or discipline the employee for that
act, and,
(
a) the
discharge or disciplinary measure is deemed to be for just cause for all
purposes;
(
b) the
employee is not entitled to notice of termination or termination pay or any
other compensation or restitution as a result of the discharge or disciplinary
measure; and
(
c) despite
subsection 48 (17) of the Labour Relations Act, 1995
and subsection 14 (17) of the Colleges Collective
Bargaining Act, 2008 , and despite any provision of a collective
agreement or employment contract specifying a penalty for the infraction, no
arbitrator, arbitration board or other adjudicator shall substitute any other
penalty for the discharge or disciplinary measure imposed by the institution.
re-employment
(3) If
an employee of an institution commits
an act of sexual abuse of a student of an
institution and the institution discharges the employee for that act or the
employee resigns from their employment, the institution shall not subsequently
re-employ the employee.
Same
(4) If
an institution determines that it has re-employed an individual contrary to subsection
(3), the institution shall discharge the employee and clauses (2) (
a) to (
c) shall apply to the discharge.
Agreement
(5) An
agreement between an institution and any person, including a collective
agreement or an agreement settling existing or contemplated litigation, that is
entered into on or after the day
section 3 of
Schedule 1
to the Strengthening Post-secondary Institutions and
Students Act, 2022 comes into force, shall not contain any term
that, directly or indirectly, prohibits the institution or any person related
to the institution from disclosing the fact that a court, arbitrator or other
adjudicator has determined that an employee of the institution has committed an
act of sexual abuse of a student of the institution, and any such term that is
included in an agreement is void.
Same
(6) Subsections
(2) to (5) apply despite any contrary term in an employment contract or
collective agreement, or any contrary rule or principle of common law or
equity.
Employee
sexual misconduct policy
(7) Every
institution shall have an employee sexual misconduct policy that includes, at a
minimum,
(
a) the
institution’s rules with respect to sexual behaviour
that involves employees and students of the institution; and
(
b) examples
of disciplinary measures that may be imposed on employees who contravene the
policy.
Sexual
abuse
(8) An
employee sexual misconduct policy may specify acts that constitute sexual abuse
for the purposes of the definition of “sexual abuse”.
Same
(9) An
employee sexual misconduct policy may be included as part of another policy,
including as part of the sexual violence policy required under subsection 17
(3).
The following provisions of the Act are amended by striking out “university
that receives regular and ongoing operating funds from the government for the
purposes of post-secondary education” wherever it appears and substituting in
each case “publicly-assisted university”:
1. Subsection
6.1 (1).
2. Subsection
17 (2).
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Strengthening
Post-secondary Institutions and Students Act, 2022 receives Royal
Assent.
(2) Section
3 comes into force on the later of July 1, 2023 and the day the Strengthening Post-secondary Institutions and Students Act, 2022
receives Royal Assent.
SCHEDULE 2
PRIVATE CAREER COLLEGES ACT, 2005
The Private Career Colleges Act, 2005 is amended by
adding the following section:
Sexual
abuse by employees
32.0.1
(1) In this
section,
“sexual
abuse” means, in relation to a student enrolled at a private career college,
(
a) physical
sexual relations with the student, touching of a sexual nature of the student,
or behaviour or remarks of a sexual nature toward the student by an employee of
the private career college where,
(
i) the
act constitutes an offence under the Criminal Code
(Canada),
(ii) the
act infringes the right of the student under clause 7 (3) (
a) of the Human Rights Code to be free from a sexual solicitation
or advance, or
(iii) the
act constitutes sexual abuse as defined in the private career college’s
employee sexual misconduct policy or contravenes the policy or any other
policy, rule or other requirement of the private career college respecting
sexual relations between employees and students, or
(
b) any
conduct by an employee of the private career college that infringes the right
of the student under clause 7 (3) (
b) of the Human Rights
Code to be free from a reprisal or threat of reprisal for the rejection
of a sexual solicitation or advance. (“mauvais traitements d’ordre sexuel”)
Discharge
or discipline
(2) If
an employee of a private career college commits
an act of sexual abuse of a
student enrolled at a private career college, the private career college may
discharge or discipline the employee for that act, and,
(
a) the
discharge or disciplinary measure is deemed to be for just cause for all
purposes;
(
b) the
employee is not entitled to notice of termination or termination pay or any
other compensation or restitution as a result of the discharge or disciplinary
measure; and
(
c) despite
subsection 48 (17) of the Labour Relations Act, 1995 ,
and despite any provision of a collective agreement or employment contract
specifying a penalty for the infraction, no arbitrator, arbitration board or
other adjudicator shall substitute any other penalty for the discharge or
disciplinary measure imposed by the private career college.
re-employment
(3) If
an employee of a private career college commits
an act of sexual abuse of a
student enrolled at a private career college and the private career college
discharges the employee for that act or the employee resigns from their
employment, the private career college shall not subsequently re-employ the employee.
Same
(4) If
a private career college determines that it has re-employed an individual
contrary to subsection (3), the private career college shall discharge the
employee, and clauses (2) (
a) to (
c) shall apply to the discharge.
Agreement
(5) An
agreement between a private career college and any person, including a
collective agreement or an agreement settling existing or contemplated
litigation, that is entered into on or after the day
section 1 of
Schedule 2 to
the Strengthening Post-secondary Institutions and Students
Act, 2022 comes into force, shall not contain any term that, directly or
indirectly, prohibits the private career college or any person related to the
private career college from disclosing the fact that a court, arbitrator or
other adjudicator has determined that an employee of the private career college
has committed
an act of sexual abuse of a student enrolled at the private
career college, and any such term that is included in an agreement is void.
Same
(6) Subsections
(2) to (5) apply despite any contrary term in an employment contract or
collective agreement, or any contrary rule or principle of common law or
equity.
Employee
sexual misconduct policy
(7) It
is a condition of every registration that a private career college have an
employee sexual misconduct policy that includes, at a minimum,
(
a) the
private career college’s rules with respect to sexual behaviour that involves
employees and students enrolled at the private career college; and
(
b) examples
of disciplinary measures that may be imposed on employees who contravene the
policy.
Sexual
abuse
(8) An
employee sexual misconduct policy may specify acts that constitute sexual abuse
for the purposes of the definition of “sexual abuse”.
Same
(9) An
employee sexual misconduct policy may be included as part of another policy,
including as part of the sexual violence policy required under subsection 32.1
(2).
Clause 32.1 (2) (
a) of the Act is repealed and the following substituted:
(
a) subject
to subsection 32.0.1 (9), specifically and solely addresses sexual violence
involving students enrolled at the private career college;
Commencement
This
Schedule comes into force on the later of July 1, 2023 and the day the Strengthening Post-secondary Institutions and Students Act, 2022
receives Royal Assent.
SCHEDULE 3
RYERSON UNIVERSITY ACT, 1977
The title of the Ryerson University Act, 1977 is
repealed and the following substituted:
Toronto
Metropolitan University Act, 1977
Clause 1 (1) (
c) of the Act is amended by striking out “Ryerson Polytechnic
University or Ryerson University” and substituting “Ryerson Polytechnic
University, Ryerson University or Toronto Metropolitan University”.
Subsection 2 (1) of the Act is repealed and the following substituted:
University
(1) Ryerson
University is continued under the name Toronto Metropolitan University.
(1) Clause 9 (1) (
a) of the Act is repealed and the following
substituted:
(
a) the
Chancellor, the President, the Vice-Presidents, the Deputy Provost, the
Vice-Provosts, the Deans, the Chief Librarian and the Registrar, each of whom
shall be a member of the Senate by virtue of office; and
(2) Clause
9 (1) (
b) of the Act is amended by striking out “fifty-one” and substituting
“sixty-two”.
The Act is amended by striking out “Ryerson University” wherever it appears and
substituting in each case “Toronto Metropolitan University”, except in the
following provisions:
1. Clause
1 (1) (c).
2. Subsection
2 (1).
University
Foundations Act, 1992
The
Schedule to the University Foundations Act, 1992
is amended by striking out “Ryerson University” and substituting “Toronto
Metropolitan University”.
Commencement
This
Schedule comes into force on the day the Strengthening
Post-secondary Institutions and Students Act, 2022 receives Royal
Assent.
Date Bill stage Event Outcome Committee
November 3, 2022
Moved
December 8, 2022
Royal Assent
Royal Assent received
December 1, 2022
Third Reading
Vote
Carried
December 1, 2022
Third Reading
Question put
December 1, 2022
Third Reading
Debated
December 1, 2022
Third Reading
Debated
Debate adjourned
November 30, 2022
Second Reading
Ordered for Third Reading
November 30, 2022
Second Reading
Report adopted
November 30, 2022
Second Reading
Reported as amended
Standing Committee on Social Policy
November 29, 2022
Second Reading
Consideration of a Bill
Standing Committee on Social Policy
November 22, 2022
Second Reading
Consideration of a Bill
Standing Committee on Social Policy
November 14, 2022
Second Reading
Ordered referred to Standing Committee
Standing Committee on Social Policy
November 14, 2022
Second Reading
Vote
Carried
November 14, 2022
Second Reading
Question put
November 14, 2022
Second Reading
Debated
November 3, 2022
Second Reading
Vote
Carried on division
November 3, 2022
Second Reading
Debated
November 3, 2022
Second Reading
Debated
Debate adjourned
November 3, 2022
Second Reading
Debated
Debate adjourned
November 2, 2022
Second Reading
Debated
November 2, 2022
Second Reading
Debated
Debate adjourned
October 27, 2022
First Reading
Ordered for Second Reading
October 27, 2022
First Reading
Vote
Carried
First Reading
October 27, 2022
Carried
Second Reading
November 2, 2022
Principal Debaters
Dunlop, Hon. Jill
Simcoe North
Ghamari, Goldie
Carleton
Pasma, Chandra
Ottawa West—Nepean
Pierre, Natalie
Burlington
Wong-Tam, Kristyn
Toronto Centre
Questions and Responses
Armstrong, Teresa
London—Fanshawe
Coe, Lorne
Whitby
French, Jennifer
Oshawa
Gallagher Murphy, Dawn
Newmarket—Aurora
Gélinas, France
Nickel Belt
Leardi, Anthony
Essex
Mamakwa, Sol
Kiiwetinoong
Mantha, Michael
Algoma—Manitoulin
Martin, Robin
Eglinton—Lawrence
Sandhu, Amarjot
Brampton West
Sattler, Peggy
London West
Wai, Daisy
Richmond Hill
November 3, 2022
Principal Debaters
Jordan, John
Lanark—Frontenac—Kingston
Mamakwa, Sol
Kiiwetinoong
McCarthy, Todd
Durham
Vaugeois, Lise
Thunder Bay—Superior North
Williams, Hon. Charmaine
Brampton Centre
Questions and Responses
Anand, Deepak
Mississauga—Malton
Byers, Rick
Bruce—Grey—Owen Sound
Crawford, Stephen
Oakville
Fife, Catherine
Waterloo
Flack, Rob
Elgin—Middlesex—London
Gélinas, France
Nickel Belt
Glover, Chris
Spadina—Fort York
Harden, Joel
Ottawa Centre
Leardi, Anthony
Essex
Mantha, Michael
Algoma—Manitoulin
McGregor, Graham
Brampton North
Pierre, Natalie
Burlington
Smith, Dave
Peterborough—Kawartha
Wong-Tam, Kristyn
Toronto Centre
November 3, 2022
Principal Debaters
Dixon, Jess
Kitchener South—Hespeler
Fraser, John
Ottawa South
Hunter, Mitzie
Scarborough—Guildwood
Martin, Robin
Eglinton—Lawrence
McGregor, Graham
Brampton North
Pasma, Chandra
Ottawa West—Nepean
Schreiner, Mike
Guelph
Tabuns, Peter
Toronto—Danforth
West, Jamie
Sudbury
Williams, Hon. Charmaine
Brampton Centre
November 14, 2022
Principal Debaters
Anand, Deepak
Mississauga—Malton
Andrew, Jill
Toronto—St. Paul's
Glover, Chris
Spadina—Fort York
Harden, Joel
Ottawa Centre
McGregor, Graham
Brampton North
Scott, Laurie
Haliburton—Kawartha Lakes—Brock
Stevens, Jennifer (Jennie)
St. Catharines
Thanigasalam, Vijay
Scarborough—Rouge Park
Questions and Responses
Bailey, Robert
Sarnia—Lambton
Coe, Lorne
Whitby
Dowie, Andrew
Windsor—Tecumseh
French, Jennifer
Oshawa
Hogarth, Christine
Etobicoke—Lakeshore
Oosterhoff, Sam
Niagara West
Pierre, Natalie
Burlington
Romano, Ross
Sault Ste. Marie
Sabawy, Sheref
Mississauga—Erin Mills
Sattler, Peggy
London West
Saunderson, Brian
Simcoe—Grey
Taylor, Monique
Hamilton Mountain
West, Jamie
Sudbury
Wong-Tam, Kristyn
Toronto Centre
Carried
Ordered referred to Standing Committee
Standing Committee on Social Policy
November 22, 2022
Consideration of a Bill
Standing Committee on Social Policy
November 30, 2022
Reported as amended
Standing Committee on Social Policy
Ordered for Third Reading
Third Reading
December 1, 2022
Principal Debaters
Coe, Lorne
Whitby
Dunlop, Hon. Jill
Simcoe North
Glover, Chris
Spadina—Fort York
Kanapathi, Logan
Markham—Thornhill
Mamakwa, Sol
Kiiwetinoong
Oosterhoff, Sam
Niagara West
Pasma, Chandra
Ottawa West—Nepean
Pierre, Natalie
Burlington
Sattler, Peggy
London West
Wong-Tam, Kristyn
Toronto Centre
Questions and Responses
Anand, Deepak
Mississauga—Malton
Armstrong, Teresa
London—Fanshawe
Begum, Doly
Scarborough Southwest
Bresee, Ric
Hastings—Lennox and Addington
Byers, Rick
Bruce—Grey—Owen Sound
Crawford, Stephen
Oakville
Dixon, Jess
Kitchener South—Hespeler
Dowie, Andrew
Windsor—Tecumseh
Gélinas, France
Nickel Belt
Jones, Trevor
Chatham-Kent—Leamington
Jordan, John
Lanark—Frontenac—Kingston
Karpoche, Bhutila
Parkdale—High Park
Khanjin, Andrea
Barrie—Innisfil
Leardi, Anthony
Essex
Mantha, Michael
Algoma—Manitoulin
Quinn, Nolan
Stormont—Dundas—South Glengarry
Rickford, Hon. Greg
Kenora—Rainy River
Vaugeois, Lise
Thunder Bay—Superior North
December 1, 2022
Debated
Carried
Royal Assent
December 8, 2022
Royal Assent received