Rowan's Law (Concussion Safety), 2018 Vernile, Hon. Daiene Minister of Tourism, Culture and Sport — Bill 193 (41st Parliament, 2nd Session)

Bill 193, 41-2

Ontario — Bills

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Bill 193, Rowan's Law (Concussion Safety), 2018

Vernile, Hon. Daiene Minister of Tourism, Culture and Sport

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Original

As Amended by Standing Committee

Royal Assent

[41] Bill 193 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader's aid to Bill 193 and does not form part of the law.

Bill 193 has been enacted as

Chapter 1 of the Statutes of Ontario, 2018.

The

Bill enacts Rowan's Law (Concussion Safety), 2018 . The

Act imposes various requirements on sport organizations, which are defined as

persons or entities that carry out, for profit or otherwise, a prescribed

activity in connection with an amateur competitive sport and that satisfy such other

criteria as may be prescribed. Here are highlights of those requirements:

1. A

sport organization must not register an individual who is under the prescribed

age in a sports activity unless the individual confirms that they have reviewed

the concussion awareness resources approved by the Minister of Tourism, Culture

and Sport. The regulations may provide for other circumstances where a sport

organization must require individuals to confirm that they have reviewed the

resources. For individuals under 18 years of age or such other prescribed age,

the parent or guardian of the individual must also confirm that they have

reviewed the resources. Individuals who serve as a coach or in other prescribed

positions for a sport organization must also confirm that they have reviewed

the resources.

2. A

sport organization must establish a concussion code of conduct. Similar to the

rules described above, various individuals must confirm that they have reviewed

a sport organization's concussion code of conduct.

3. A

sport organization must establish a removal-from-sport protocol for athletes who

are suspected of having sustained a concussion. The protocol must, among other

things, establish a specific process to implement the immediate removal of an

athlete and must designate persons who are responsible for ensuring the removal

of the athlete and ensuring that they do not return to training, practice or

competition, except in accordance with the sport organization's return-to-sport

protocol.

4. A

sport organization is required to establish a return-to-sport protocol that

applies with respect to athletes who have sustained a concussion or are

suspected of having sustained a concussion. The protocol must, among other

things, establish a specific process to implement the return of an athlete to

training, practice or competition and must designate persons who are

responsible for ensuring that an athlete does not return until permitted to do

so in accordance with the protocol.

The

Act also proclaims the last Wednesday in September as Rowan's Law Day. The

Minister may, however, declare that Rowan's Law Day is on another day for any

particular year.

The

Act requires the Minister to prepare and publish reports on the progress made

in implementing all or some of the recommendations set out in the report of the

Rowan's Law Advisory Committee. Deadlines for the first and subsequent reports

are specified.

The

Act permits the Lieutenant Governor in Council to make regulations under the

Act, including regulations that exempt persons or entities from any provision

of the Act or regulations. In addition, the regulations may apply differently

to different sport organizations and to different sports or classes of sports.

The

Bill also amends the Education Act .

Part XIII.1 of

the Act is renamed "Pupil Health" and a new

section is added to it. The new

section authorizes the Minister to establish and require boards to comply with policies

and guidelines respecting concussions in pupils. The Minister is also given

authority to make regulations prescribing requirements respecting concussions

in pupils of private schools and to require private schools to comply with the

requirements. The policies, guidelines or regulations must be consistent with Rowan's Law (Concussion Safety), 2018 .

Bill 193 2018

Act to enact Rowan's Law (Concussion Safety), 2018 and to amend the Education

Act

Her

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

Province of Ontario, enacts as follows:

Definitions

this Act,

"concussion

awareness resources" means the information or materials approved by the

Minister respecting concussion prevention, detection and management; ("ressources

de sensibilisation aux commotions cérébrales")

"Minister"

means the Minister of Tourism, Culture and Sport or such other member of the

Executive Council as may be assigned the administration of this Act under the Executive Council Act ; ("ministre")

"prescribed"

means prescribed by the regulations; ("prescrit")

"sport

organization" means a person or entity that carries out, for profit or

otherwise, a prescribed activity in connection with an amateur competitive

sport and that satisfies such other criteria as may be prescribed. ("organisation

sportive")

Concussion

awareness resources

(1) A

sport organization shall not register an individual who is under the prescribed

age in a sports activity unless the individual gives the sport organization

confirmation that they have, within 12 months before the registration or within

such other period as may be prescribed, reviewed the concussion awareness resources.

Requirement,

other prescribed circumstances

(2) A

sport organization shall, in the prescribed circumstances and in accordance

with the prescribed requirements, require an individual who is under the prescribed

age to give the sport organization confirmation that they have reviewed the

concussion awareness resources.

Requirement,

individuals under 18

(3) If

the individual referred to in subsection (1) or (2) is under 18 years of age or

such other age as may be prescribed, the individual's parent or guardian must

also give the sport organization confirmation that they have reviewed the

concussion awareness resources.

Requirement,

coaches, etc.

(4) A

sport organization shall not permit an individual to serve as a coach for the sport

organization or to serve in any other prescribed position, such as an official,

in respect of the sport organization unless the individual gives the sport

organization confirmation that they have reviewed the concussion awareness resources

at the prescribed times and in accordance with the prescribed requirements.

Additional

resources, etc., from sport organization

(5) Nothing

in this

section prevents a sport organization from offering additional

resources or information relating to concussions to any individuals.

Materials

to be publicly available

(6) The

Government of Ontario shall ensure that the concussion awareness resources are

made available to the public.

Concussion

code of conduct

(1) A

sport organization shall establish a concussion code of conduct that satisfies

the requirements set out in the regulations.

Requirement

on registration

(2) A

sport organization shall not register an individual who is under the prescribed

age in a sports activity unless the individual gives the sport organization

confirmation that they have, within 12 months before the registration or within

such other period as may be prescribed, reviewed the sport organization's concussion

code of conduct.

Requirement,

other prescribed circumstances

(3) A

sport organization shall, in the prescribed circumstances and in accordance

with the prescribed requirements, require an individual who is under the

prescribed age to give the sport organization confirmation that they have

reviewed the sport organization's concussion code of conduct.

Requirement,

individuals under 18

(4) If

the individual referred to in subsection (2) or (3) is under 18 years of age or

such other age as may be prescribed, the individual's parent or guardian must

also give the sport organization confirmation that they have reviewed the sport

organization's concussion code of conduct.

Requirement,

coaches, etc.

(5) A

sport organization shall not permit an individual to serve as a coach for the sport

organization or to serve in any other prescribed position, such as an official,

in respect of the sport organization unless the individual gives the sport

organization confirmation that they have reviewed the sport organization's

concussion code of conduct at the prescribed times and in accordance with the

prescribed requirements.

Code

of conduct to be made available

(6) A

sport organization shall, in accordance with the regulations, ensure that its concussion

code of conduct is made available to individuals referred to in subsections

(2) to (5) and to other persons as may be prescribed.

Protocols

Removal-from-sport

protocol

(1) Every

sport organization shall establish a removal-from-sport protocol for its

athletes that,

(

a) establishes,

in accordance with such requirements as may be prescribed, a specific process to

implement the immediate removal of an athlete who is suspected of having

sustained a concussion;

(

b) designates

persons who are responsible for ensuring that,

(

i) an

athlete is immediately removed from further training, practice or competition if

the athlete is suspected of having sustained a concussion,

(ii) if

the athlete is under 18 years of age or such other age as may be prescribed,

the parent or guardian is informed of the removal,

(iii) such

persons or entities as may be prescribed are informed of the removal, and

(iv) once

removed, the athlete is not permitted to return to training, practice or

competition, except in accordance with the sport organization's return-to-sport

protocol;

(

c) sets

out the responsibilities of other prescribed persons if they suspect that an athlete

has sustained a concussion during training, practice or competition; and

(

d) satisfies

such other requirements as may be prescribed.

Return-to-sport

protocol

(2) Every

sport organization shall establish a return-to-sport protocol for its athletes

that,

(

a) applies

in circumstances where the sport organization becomes aware that one of its athletes

has sustained a concussion or is suspected of having sustained a concussion,

regardless of whether or not the concussion was sustained or is suspected of

having been sustained during a sport activity associated with the sport

organization;

(

b) establishes,

in accordance with such requirements as may be prescribed, a specific process

to implement the return of an athlete to training, practice or competition

after the athlete has sustained a concussion or is suspected of having

sustained a concussion;

(

c) designates

persons who are responsible for ensuring that,

(

i) an

athlete who has sustained a concussion or is suspected of having sustained a

concussion does not return to training, practice or competition until permitted

to do so in accordance with the return-to-sport protocol, and

(ii) such

persons or entities as may be prescribed are informed that an athlete is

permitted to return to training, practice or competition;

(

d) sets

out the responsibilities of other prescribed persons; and

(

e) satisfies

such other requirements as may be prescribed.

Protocols

to be made available

(3) A

sport organization shall, in accordance with the regulations, ensure that its

removal-from-sport protocol and return-to-sport protocol are made available to

the prescribed persons.

Rowan's

Law Day

(1) Subject

to subsection (2), the last Wednesday in September in each year is

proclaimed as Rowan's Law Day.

Minister

may declare a different day

(2) For

any particular year, the Minister may declare that Rowan's Law Day is on any

day of the year other than the day referred to in subsection (1).

Progress

Document details

Collection	Ontario — Bills
Citation	Bill 193, 41-2
Type	bill
Volume / chapter	p41 s2 bill 193 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	98a90191ce550ffff0e381cd2f6be4b0667b0f72

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