Education Statute Law Amendment Act (Electronic Sexual Material), 2009 Martiniuk, Gerry — Bill 202 (39th Parliament, 1st Session)

Bill 202, 39-1

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Bill 202, Education Statute Law Amendment Act (Electronic Sexual Material), 2009

Martiniuk, Gerry

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[39] Bill 202 Original (PDF)

Bill 202 2009

An Act to protect our children from pornography

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Education Act

Section 230 of the Education Act is amended by striking

out "or" at the end of clause (b), by adding "or" at the end of clause (

c) and

by adding the following clause:

(

d) contravenes

section 321, 322 or 323.

2. The Act is amended by adding the following

Part:

Part XIII.2

Prohibiting access to Electronic forms of sexual material

Blocking access to sexual material

(1) In

this section,

"sexually

explicit material" means material of which a principal feature or

characteristic is the nudity or partial nudity of any person and that is

designed to appeal to erotic or sexual appetites or inclinations.

Same

(2) A board shall ensure that every school of the board

has in place technology measures on all of the school's computers to which a

minor may have access that,

(

a) block

access on the Internet to any material, including written material, pictures

and recordings, that is obscene within the meaning of subsection 163 (8) of the

Criminal Code

(Canada) or sexually explicit or that constitutes child pornography within the

meaning of

section 163.1 of the Criminal Code (Canada); and

(

b) block

access to any form of electronic communication, including electronic mail and

chat rooms, if the communication could reasonably be expected to contain any

material, including written material, pictures and recordings, that is obscene

within the meaning of subsection 163 (8) of the Criminal Code (Canada) or sexually

explicit or that constitutes child pornography within the meaning of

section

163.1 of the Criminal Code

(Canada).

Blocking access to unauthorized material

(1) A

board shall ensure that every school of the board has in place technology

measures on all of the school's computers to which a minor may have access that

block access to any site on the Internet or to any form of electronic

communication, including electronic mail and chat rooms, if,

(

a) the

school has not authorized users of the computers to access the site or the

communication; or

(

b) the

site or the communication could reasonably be expected to contain material that

includes personal information within the meaning of the Freedom of Information and Protection of Privacy Act

about a minor.

Policy for authorized access

(2) A board shall ensure that,

(

a) every

school of the board has a policy to determine what minors or class of minors

are authorized to use the school's computers to access what sites on the

Internet and what forms of electronic communication, including electronic mail

and chat rooms;

(

b) the

policy described in clause (

a) meets the requirements, if any, prescribed by

the regulations; and

(

c) every

school of the board publishes a notice setting out the policy described in

clause (

a) in conspicuous places in the school, as the school determines and

the regulations require.

Monitoring electronic access by minors

323. A

board shall ensure that every school of the board,

(

a) monitors

the use by minors of any or all of the school's computers to access the

Internet or any form of electronic communication, including electronic mail or

chat rooms for the purpose of allowing the board to determine whether it has

met its obligations under

section 321 or 322; and

(

b) has

in place technology measures that permit the school to perform the monitoring

described in clause (a).

Regulations

(1) The

Minister may make regulations,

(

a) specifying

standards that technology measures must meet for a board to comply with its

requirements in

section 321, 322 or 323;

(

b) prescribing

or specifying anything that this Part describes as being prescribed or required

in the regulations.

General or specific application

(2) A regulation made under this

section may

be of general application or specific to any person, persons, thing or things

or class or classes in its application.

Classes

(3) A class described in the regulations made

under this

section may be described according to any characteristic or combination

of characteristics and may be described to include or exclude any specified

member, whether or not with the same characteristics.

Public Libraries Act

Part III of the Public Libraries Act is

amended by adding the following sections:

Blocking access to sexual material

38.1

(1) In

this section,

"sexually

explicit material" means material of which a principal feature or

characteristic is the nudity or partial nudity of any person and that is

designed to appeal to erotic or sexual appetites or inclinations.

Same

(2) A board shall ensure that every library under its

jurisdiction has in place technology measures on all of the library's computers

to which a minor may have access that,

(

a) block

access on the Internet to any material, including written material, pictures

and recordings, that is obscene within the meaning of subsection 163 (8) of the

Criminal Code

(Canada) or sexually explicit or that constitutes child pornography within the

meaning of

section 163.1 of the Criminal Code (Canada); and

(

b) block

access to any form of electronic communication, including electronic mail and

chat rooms, if the communication could reasonably be expected to contain any

material, including written material, pictures and recordings, that is obscene

within the meaning of subsection 163 (8) of the Criminal Code (Canada) or sexually

explicit or that constitutes child pornography within the meaning of

section

163.1 of the Criminal Code

(Canada).

Blocking access to unauthorized material

38.2

(1) A

board shall ensure that every library under its jurisdiction has in place

technology measures on all of the library's computers to which a minor may have

access that block access to any site on the Internet or to any form of

electronic communication, including electronic mail and chat rooms, if,

(

a) the

library has not authorized users of the computers to access the site or the

communication; or

(

b) the

site or the communication could reasonably be expected to contain material that

includes personal information within the meaning of the Freedom of Information and Protection of Privacy Act

about a minor.

Policy for authorized access

(2) A board shall ensure that,

(

a) every

library under its jurisdiction has a policy to determine what minors or class

of minors are authorized to use the library's computers to access what sites on

the Internet and what forms of electronic communication, including electronic

mail and chat rooms;

(

b) the

policy described in clause (

a) meets the prescribed requirements, if any; and

(

c) every

library under its jurisdiction publishes a notice setting out the policy

described in clause (

a) in conspicuous places in the library, as the library

determines and the regulations require.

Monitoring electronic access by minors

38.3 A

board shall ensure that every library under its jurisdiction,

(

a) monitors

the use by minors of any or all of the library's computers to access the

Internet or any form of electronic communication, including electronic mail or

chat rooms for the purpose of allowing the board to determine whether it has

met its obligations under

section 38.1 or 38.2; and

(

b) has

in place technology measures that permit the library to perform the monitoring

described in clause (a).

Minister's regulations

38.4

(1) The

Minister may make regulations,

(

a) specifying

standards that technology measures must meet for a board to comply with its

requirements in

section 38.1, 38.2 or 38.3;

(

b) specifying

anything that

section 38.2 describes as being prescribed or required in the

regulations.

General or specific application

(2) A regulation made under this

section may be of general

application or specific to any person, persons, thing or things or class or

classes in its application.

Classes

(3) A class described in the regulations made under this

section may be described according to any characteristic or combination of

characteristics and may be described to include or exclude any specified

member, whether or not with the same characteristics.

Commencement and

Short Title

Commencement

4. This Act comes into force on the day it

receives Royal Assent.

Short title

5. The

short title of this Act is the Education Statute Law Amendment

Act (Electronic Sexual Material), 2009 .

EXPLANATORY NOTE

Education Act

The

Bill amends the Education Act to require every school board to ensure that

every school of the board has in place technology measures on all of the

school's computers to which a person under the age of 18 years has access. The

technology measures must do the following:

1. They

must block access on the Internet to any material, including written material,

pictures and recordings, that is obscene or sexually explicit or that

constitutes child pornography.

2. They

must block access to any form of electronic communication, including electronic

mail and chat rooms, if the communication could reasonably be expected to

contain any material, including written material, pictures and recordings, that

is obscene or sexually explicit or that constitutes child pornography.

3. They

must block access to any site on the Internet or to any form of electronic

communication, including electronic mail and chat rooms, if the school has not

authorized users of the computers to access the site or the communication or if

the site or the communication could reasonably be expected to contain material

that includes personal information about a person under the age of 18 years.

school is required to have a policy on who are authorized to use its computers

to which a person under the age of 18 years has access and to monitor the use

that persons under the age of 18 years make of those computers.

Public Libraries Act

The

Bill amends the Public Libraries Act to make amendments that are similar to

those that the Bill makes to the Education Act, except that the duties of a

school board are those of a board with respect to every library under its

jurisdiction and the duties of a school are those of a public library.

Date Bill stage Activity Committee

October 1, 2009

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

October 1, 2009

Second Reading

Carried

October 1, 2009

Second Reading

Debate

September 16, 2009

First Reading

Carried

Debates and Progress

First Reading

September 16, 2009

Committee

Second Reading

October 1, 2009

Mr. Gerry Martiniuk, Ms. Cheri DiNovo, Ms. Laurel C. Broten, Ms. Lisa MacLeod, Mr. Michael Prue, Mr. Khalil Ramal, Mr. Garfield Dunlop

October 1, 2009

Declared carried. Referred to the Standing Committee on Regulations and Private Bills.

Committee

Standing Committee on Regulations and Private Bills

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

Acts affected - Bill 202

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Education Act

Public Libraries Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 202, 39-1
Type	bill
Volume / chapter	p39 s1 bill 202 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d3c9242af7c6e35277b19ff2634d0df42b73f8ed

Source file is stored in the law ingest library (html).