Education Amendment Act (Concussions), 2012 Broten, Hon. Laurel C. Minister of Education — Bill 39 (40th Parliament, 1st Session)

Bill 39, 40-1

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 39, Education Amendment Act (Concussions), 2012

Broten, Hon. Laurel C. Minister of Education

Please select

View bill

Status

Debates

Acts affected

Original

[40] Bill 39 Original (PDF)

Bill 39 2012

Act to amend the Education Act with respect to concussions

Note:

This Act amends the Education

Act . For the legislative history of the Act, 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:

1. The

heading to

Part XIII.1 of the Education Act is repealed and the following

substituted:

Part XIII.1

Pupil Health

2. The

Act is amended by adding the following heading immediately before

section 317:

Nutritional Standards

Part

XIII.1 of the Act is amended by adding the following section:

Concussions

Minister's

policies and guidelines

(1) The

Minister may establish and require boards to comply with policies and

guidelines respecting head injuries and concussions in pupils, including

policies and guidelines,

(

a) respecting

the distribution of information to pupils, parents, guardians, board employees and

volunteers about the prevention of

head injuries, the identification of symptoms of concussions and the management

of concussions;

(

b) respecting

when a pupil who is suspected of having sustained a concussion is to be removed

from or prevented from further participating in intramural or inter-school

athletics or any part of the health and physical education curriculum;

(

c) respecting

the return of a pupil who has or may have sustained a concussion to

intramural or inter-school athletics or to any part of the health and physical

education curriculum, or his or her return to learning;

(

d) respecting

the responsibilities of board employees, classes of board employees, or other

persons who are involved in intramural or inter-school athletics or any part of

the health and physical education curriculum in relation to the prevention of

head injuries, the identification of symptoms of concussions and the management

of concussions;

(

e) specifying

other persons, in addition to board employees, who have responsibilities described

in clause (d);

(

f) respecting

any other matter that a board's policies and guidelines must address;

(

g) respecting

any requirements that must be included in a board's policies and guidelines.

Same

(2) The Minister may specify in a policy or guideline

established under subsection (1) a date or dates by which boards must establish

policies or guidelines under subsection (3), or parts of them.

Board's

policies and guidelines

(3) Every

board shall establish policies and guidelines respecting head injuries and

concussions in pupils, and the policies and guidelines must,

(

a) be

consistent with the policies and guidelines established by the Minister under subsection

(1) and with any regulations made under subsection (4); and

(

b) address

the matters listed in clauses (1) (

a) to (

f) and include any requirements

described in clause (1) (g).

Minister's

regulations

(4) The Minister may make regulations governing all

aspects of head injuries and concussions in pupils, including regulations relating

to any matter listed in clauses (1) (

a) to (e).

General

or particular

(5) A regulation made under subsection (4) may be general

or particular.

Not

regulations

(6) Policies and guidelines established

under this

section are not regulations within the meaning of

Part III

(Regulations) of the Legislation

Act, 2006 .

liability if person acts reasonably and in good faith

(7) A board employee or volunteer who is involved in

intramural or inter-school athletics or any part of the health and physical

education curriculum is not personally liable in a civil proceeding for

an act

or omission if the person acts reasonably in the circumstances, in good faith and

in accordance with the Act, regulations and with any policies and guidelines

made under this section.

Commencement

4. This

Act comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

5. The

short title of this Act is the Education Amendment Act (Concussions), 2012 .

EXPLANATORY NOTE

The

Bill 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 make

policies and guidelines respecting head injuries and concussions and sets out a

list of matters that this power includes. The

section requires boards to

establish policies and guidelines respecting head injuries and concussions and

requires boards to address the specified matters. The Minister is also given

authority to make regulations about the same matters. The

section describes

when board employees or volunteers will not be liable in a civil proceeding for

their acts or omissions.

Date Bill stage Activity Committee

March 6, 2012

First Reading

Carried

Debates and Progress

First Reading

March 6, 2012

Minister's Statement and Ms. MacLeod and Mr. Tabuns

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 39

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

Education Act

Legislative Assembly of Ontario

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 39, 40-1
Type	bill
Volume / chapter	p40 s1 bill 39 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d5c8fdbb340812c262ddcb280409aa76d6bc0300

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