Education Statute Law Amendment Act (Electronic Sexual Material), 2010 Martiniuk, Gerry — Bill 66 (39th Parliament, 2nd Session)

Bill 66, 39-2

Ontario — Bills

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Bill 66, Education Statute Law Amendment Act (Electronic Sexual Material), 2010

Martiniuk, Gerry

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Debates

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[39] Bill 66 Original (PDF)

Bill 66 2010

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

(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

(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

33. 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 31 or 32; and

(

b) has

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

described in clause (a).

Minister's 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 31, 32 or 33;

(

b) specifying

anything that

section 32 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), 2010 .

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

May 12, 2010

First Reading

Carried

Debates and Progress

First Reading

May 12, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 66, 39-2
Type	bill
Volume / chapter	p39 s2 bill 66 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d6c4f69fcaac27235ee01fd0993e18c64549d1b6

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