Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 MacCharles, Hon. Tracy Minister Responsible for Women's Issues — Bill 132 (41st Parliament, 1st Session)

Bill 132, 41-1

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Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016

MacCharles, Hon. Tracy Minister Responsible for Women's Issues

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As Amended by Standing Committee

Royal Assent

[41] Bill 132 Royal Assent (PDF)

Bill 132 2016

An Act to amend

various statutes with respect to sexual violence, sexual harassment, domestic

violence and related matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule

Compensation

for Victims of Crime Act

Schedule

Limitations

Act, 2002

Schedule

Ministry

of Training, Colleges and Universities Act

Schedule

Occupational

Health and Safety Act

Schedule

Private

Career Colleges Act, 2005

Schedule

Residential

Tenancies Act, 2006

______________

Preamble

On March 6, 2015, the Government of

Ontario announced "It's Never Okay: An Action Plan to Stop Sexual Violence and

Harassment". The Government will not

tolerate sexual violence, sexual harassment or domestic violence. Protecting

all Ontarians from their devastating impact is a top Government priority and is

essential for the achievement of a fair and equitable society.

All Ontarians would benefit from

living without the threat and experience of sexual violence, sexual harassment,

domestic violence and other forms of abuse, and all Ontarians have a role to

play in stopping them.

Therefore, 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.

Same,

Schedules

(2) The

Schedules to this Act come into force as provided in each Schedule.

Different

dates for same

Schedule

(3) If a

Schedule to this Act or any

portion of a

Schedule to this Act provides that it is to come into force on a

day to be named by proclamation of the Lieutenant Governor, the proclamation may

apply to the whole or any portion of the Schedule, and proclamations may be

issued at different times as to any portion of the Schedule.

Short

title

3. The

short title of this Act is the Sexual Violence and

Harassment Action Plan Act (Supporting Survivors and Challenging Sexual

Violence and Harassment), 2016.

Schedule 1

Compensation for Victims of Crime Act

Section

6 of the Compensation for Victims of Crime Act is

amended by adding the following subsections:

Exceptions

(2) Despite subsection (1), an application

resulting from the commission of a crime of sexual violence or of violence that

occurred within a relationship of intimacy or dependency may be made at any

time, regardless of the expiry of any previously applicable limitation period under

that subsection, subject to subsection (3).

Same,

commenced applications

(3) Subsection (2) applies to an

application commenced before

section 1 of

Schedule 1 to the Sexual Violence and Harassment Action Plan Act (Supporting Survivors

and Challenging Sexual Violence and Harassment), 2016 came into force,

unless,

(

a) the

application was dismissed by the Board and no further appeal is available; or

(

b) at

the time subsection (1) applied to the application, the Board declined to

extend the time to make the application.

Commencement

2. This

Schedule comes into force on the day the Sexual Violence

and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual

Violence and Harassment), 2016 receives Royal Assent.

Schedule 2

Limitations Act, 2002

1. Subsection 7 (4) of

the Limitations Act, 2002 is repealed.

Section 10 of the Act is repealed.

3. Subsection 15 (5) of

the Act is amended by striking out "Subject to

section 10" at the beginning.

4. (1) Clause

16 (1) (

h) of the Act is repealed and the following substituted:

(

h) a proceeding based on a sexual

assault;

(h.1) a proceeding based on any other

misconduct of a sexual nature if, at the time of the misconduct, the person

with the claim was a minor or any of the following applied with respect to the

relationship between the person with the claim and the person who committed the

misconduct:

(

i) the

other person had charge of the person with the claim,

(ii) the

other person was in a position of trust or authority in relation to the person

with the claim,

(iii) the

person with the claim was financially, emotionally, physically or otherwise dependent

on the other person;

(h.2) a proceeding based on an

assault if, at the time of the assault, the person with the claim was a minor

or any of the following applied with respect to the relationship between the

person with the claim and the person who committed the assault:

(

i) they

had an intimate relationship,

(ii) the

person with the claim was financially, emotionally, physically or otherwise dependent

on the other person;

(2) Section

16 of the Act is amended by adding the following subsections:

Same

(1.1) Clauses

(1) (h), (h.1) and (h.2) apply to a proceeding whenever the act on which the

claim is based occurred and regardless of the expiry of any previously applicable

limitation period, subject to subsection (1.2).

Same

(1.2) Subsection

(1.1) applies to a proceeding that was commenced before the day subsection 4

(2) of

Schedule 2 to the Sexual Violence and Harassment

Action Plan Act (Supporting Survivors and Challenging Sexual Violence and

Harassment), 2016 came into force, unless the proceeding,

(

a) was dismissed by a court and no

further appeal is available; or

(

b) was

settled by the parties and the settlement is legally binding.

Same

(1.3) For greater certainty, clauses (1)

(h), (h.1) and (h.2) are not limited in any way with respect to the claims that

may be made in the proceeding in relation to the applicable act, which may

include claims for negligence, for breach of fiduciary or any other duty or for

vicarious liability.

5. (1) Subsection

24 (2) of the Act is amended by adding "Subject to subsection (2.1)" at the

beginning.

(2) Section 24 of the Act is amended by

adding the following subsection:

Exception

(2.1) This

section does not apply to a

claim in respect of which clause 16 (1) (h), (h.1) or (h.2) applies.

(3) Subsection 24 (7) of the Act is

repealed.

Commencement

6. This

Schedule comes into force on the day the Sexual Violence

and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual

Violence and Harassment), 2016 receives Royal Assent.

Schedule 3

Ministry of Training, Colleges and Universities Act

1. The

Ministry of Training, Colleges and Universities Act

is amended by adding the following section:

Sexual

violence

Definition

(1) In

this section,

"sexual

violence" means any sexual act or act targeting a person's sexuality, gender

identity or gender expression, whether the act is physical or psychological in

nature, that is committed, threatened or attempted against a person without the

person's consent, and includes sexual assault, sexual harassment, stalking,

indecent exposure, voyeurism and sexual exploitation.

Application

(2) This

section applies to every college

of applied arts and technology and to every university that receives regular

and ongoing operating funds from the government for the purposes of

post-secondary education.

Sexual

violence policy

(3) Every college or university described

in subsection (2) shall have a sexual violence policy that,

(

a) addresses

sexual violence involving students enrolled at the college or university;

(

b) sets out the

process for how the college or university will respond to and address incidents

and complaints of sexual violence involving students enrolled at the college or

university, and includes the elements specified in the regulations relating to

the process;

(

c) addresses any

other topics and includes any other elements required by the regulations; and

(

d) otherwise

complies with the requirements set out in the regulations.

Student

input

(4) A college or university described in

subsection (2) shall ensure that student input is considered, in accordance

with any regulations, in the development of its sexual violence policy and

every time the policy is reviewed or amended.

Review

(5) Every college or university described

in subsection (2) shall review its sexual violence policy at least once every three

years and amend it as appropriate.

Implementation of policy and other measures

(6) Every college or university described

in subsection (2) shall,

(

a) implement its sexual violence policy

in accordance with the regulations; and

(

b) implement any other measure or

do any other thing it is required to do under the regulations relating to sexual

violence involving students enrolled at the college or university.

Information for Minister

(7) Every college or university described

in subsection (2) shall collect from its students and other persons, and

provide to the Minister, such data and other information relating to the following

as may be requested by the Minister, in the manner and form directed by the

Minister:

1. The number of

times supports, services and accommodation relating to sexual violence are requested

and obtained by students enrolled at the college or university, and information

about the supports, services and accommodation.

2. Any

initiatives and programs established by the college or university to promote

awareness of the supports and services available to students.

3. The number of

incidents and complaints of sexual violence reported by students, and information

about such incidents and complaints.

4. The

implementation and effectiveness of the policy.

Personal information

(8) A college or university shall take

reasonable steps to ensure that information provided to the Minister pursuant

to subsection (7) does not disclose personal information within the meaning of

section 38 of the Freedom of Information and Protection of

Privacy Act .

Survey

(9) The Minister may conduct, or may direct

a college or university described in subsection (2) to conduct or participate

in, a survey of students and other persons as identified by the Minister,

relating to the effectiveness of the college's or university's sexual violence

policy, to the incidence of sexual violence at the college or university and to

any other matter mentioned in paragraphs 1 to 4 of subsection (7).

Same

(10) A college or university that is

directed by the Minister to conduct a survey described in subsection (9) shall

disclose the results of the survey to the Minister.

Regulations

(11) The Lieutenant Governor in Council may

make regulations relating to sexual violence involving students enrolled at

colleges and universities described in subsection (2), and governing sexual

violence policies required under this section, and without limiting the

generality of this power, may make regulations,

(

a) governing processes that shall

be followed and persons who shall be consulted in the development and approval

of sexual violence policies, and in their review and amendment, and governing

how student input shall be provided and considered in such development, review

and amendment;

(

b) governing topics that shall be

addressed or elements that shall be included in sexual violence policies;

(

c) governing the provision of

training to faculty, staff, students and other persons about sexual violence

policies;

(

d) respecting the publication of

sexual violence policies and the promotion of awareness of the policies;

(

e) requiring that appropriate

supports, services and accommodation relating to sexual violence

be provided to students affected by sexual violence, and governi

Document details

Collection	Ontario — Bills
Citation	Bill 132, 41-1
Type	bill
Volume / chapter	p41 s1 bill 132 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a846d979d0e0547f1af4901f160b328b604f8328

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