Bill 30, Zero Tolerance for Substance Abuse Act, 1998

Versions

B030_E

Bill 30 1998

An Act to promote zero tolerance

for substance abuse by children

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

Education Act

1. Subsection 1 (1) of the Education Act, as re-enacted by the Statutes of Ontario, 1997, chapter 31, section 1 and amended by 1997, chapter 43, Schedule G, section 20, is further amended by adding the following definition:

substance" means a substance, whether or not a restricted drug within the meaning of the Food and Drugs Act (Canada), that has an effect on a person's physical or mental functioning if consumed or ingested in any way and includes a drug or alcohol but does not include a drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act that is dispensed to a person under a prescription as defined in that subsection and that the person consumes or ingests in accordance with the prescription. ("substance")

2. (1) Section 23 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 12, is further amended by adding the following subsection:

Same, possession of tobacco

(1.0.1) A principal may suspend a pupil if the principal,

(a) finds the pupil in possession of tobacco, whether lighted or not, while in the school;

(b) has reasonable and probable grounds to believe that the pupil, when attending school is or was in possession of tobacco, whether lighted or not.

(2) Subsection 23 (1.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 12, is repealed and the following substituted:

Period of suspension

(1.1) A suspension under subsection (1) or (1.0.1) shall be for a period fixed by the principal, not exceeding 20 school days or such shorter period as the board establishes as the maximum period for suspensions under subsection (1) or (1.0.1), as the case may be.

(3) Subsection 23 (1.2) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 12, is amended by striking out the portion before clause (a) and substituting the following:

Notice

(1.2) When a pupil is suspended under subsection (1) or (1.0.1), the principal shall,

. . . . .

(4) Subsection (5) does not apply if section 2 of Bill 21 (An Act to promote Safety in Ontario Schools and create positive Learning Environments for Ontario Students by making amendments to the Education Act, introduced on May 13, 1998) has been enacted and has come into force.

(5) Section 23 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 12, is further amended by adding the following subsections:

Mandatory exclusion

(2.3) A principal shall exclude a pupil from attending regular classes and participating in activities and programs organized by the board for pupils, if the principal,

(a) finds the pupil in possession of tobacco, whether lighted or not, while in the school; or

(b) has reasonable and probable grounds to believe that the pupil, when attending school,

(i) is or was in possession of tobacco, whether lighted or not,

(ii) is or was in a physically or mentally impaired state as a result of consuming or ingesting a substance in any way,

(iii) is or was in possession of a substance for the purpose of consuming or ingesting it in any way that would impair the pupil's physical or mental state, or

(iv) has supplied a substance to another person for that person to consume or ingest in any way that would impair that person's physical or mental state.

Attendance at programs

(2.4) If a principal has excluded a pupil under subsection (2.3), the principal shall direct the pupil to attend forthwith an alternative education program and an addiction counselling program described in sections 313 and 313.1 respectively, and the principal shall provide the pupil and the pupil's parents or guardians with information about the programs.

Failure to attend

(2.5) Section 30 applies to a pupil who is directed to attend an alternative education program or an addiction counselling program, and a pupil who is 16 years of age or older who fails to comply with a direction under subsection (2.4) shall be considered to have voluntarily withdrawn from school.

Period of exclusion

(2.6) A pupil who has been excluded under subsection (2.3) shall not be permitted to attend regular classes or to participate in activities and programs organized by the board for pupils until the pupil has satisfied the principal, the appropriate supervisory officer and the appropriate school guidance counsellor or other appropriate resource person employed by the board that,

(a) the pupil has completed the addiction counselling program;

(b) the pupil is unlikely to engage in conduct similar to that for which the pupil was excluded.

Notice and appeal

(2.7) If a principal has excluded a pupil under subsection (2.3), subsections (1.2), (2) and (2.1) apply with necessary modifications.

Contents of notice

(2.8) The notice of exclusion shall state that,

(a) excluding the pupil does not preclude the principal or a teacher who makes a report under clause 264 (1) (e.1) or (e.2) with respect to a pupil from notifying the police who may have a criminal charge laid against the pupil; and

(b) if the principal receives a report from a teacher under clause 264 (1) (e.1) or (e.2) with respect to a pupil and there already is a note in the record mentioned in clause 265 (d) in respect of the pupil that the pupil has been excluded under this section, the principal is required to forward the report to the police.

Record of exclusion

(2.9) Unless the board orders otherwise, a principal who excludes a pupil under subsection (2.3) shall place a written note in the record mentioned in clause 265 (d) in respect of the pupil stating that the exclusion took place and describing the conduct for which the exclusion was made.

Review

(2.10) If a principal has excluded a pupil under subsection (2.3), the principal shall ensure that a guidance counsellor or other appropriate resource person employed by the board reviews the circumstances of the exclusion and monitors the pupil's progress in the alternative education program and the addiction counselling program.

Exclusion applies to all boards

(2.11) If a principal has excluded a pupil under subsection (2.3), no other board may admit the pupil to regular classes or the activities and programs that it organizes for pupils unless it is satisfied that the pupil has met the criteria set out in subsection (2.6).

(6) Subsection (7) applies only if Bill 21 (An Act to promote Safety in Ontario Schools and create positive Learning Environments for Ontario Students by making amendments to the Education Act, introduced on May 13, 1998) receives Royal Assent.

(7) On the later of the day this section comes into force and the day section 2 of Bill 21 comes into force, subsection 23 (2.4), (2.5), (2.6), (2.7), (2.8) and (2.9) of the Act, as enacted by section 2 of Bill 21, are repealed and the following substituted:

Mandatory exclusion

(2.4) A principal shall exclude a pupil from attending regular classes and participating in activities and programs organized by the board for pupils, if the principal,

(a) finds the pupil in possession of tobacco, whether lighted or not, while in the school; or

(b) has reasonable and probable grounds to believe that the pupil, when attending school,

(i) is or was in possession of tobacco, whether lighted or not,

(ii) is or was in a physically or mentally impaired state as a result of consuming or ingesting a substance in any way,

(iii) is or was in possession of a substance for the purpose of consuming or ingesting it in any way that would impair the pupil's physical or mental state, or

(iv) has supplied a substance to another person for that person to consume or ingest in any way that would impair that person's physical or mental state.

Attendance at program

(2.5) If a principal has excluded a pupil under subsection (2.3), the principal shall direct the pupil to attend forthwith an alternative education program described in section 313, and the principal shall provide the pupil and the pupil's parents or guardians with information about the program.

Attendance at programs

(2.6) If a principal has excluded a pupil under subsection (2.4), the principal shall direct the pupil to attend forthwith an alternative education program and an addiction counselling program described in sections 313 and 313.1 respectively, and the principal shall provide the pupil and the pupil's parents or guardians with information about the programs.

Failure to attend

(2.7) Section 30 applies to a pupil who is directed to attend an alternative education program or an addiction counselling program, and a pupil who is 16 years of age or older who fails to comply with a direction under subsection (2.5) or (2.6) shall be considered to have voluntarily withdrawn from school.

Period of exclusion

(2.8) A pupil who has been excluded under subsection (2.3) shall not be permitted to attend regular classes, until the pupil has satisfied the principal, the appropriate supervisory officer and the appropriate school guidance counsellor or other appropriate resource person employed by the board that,

(a) the pupil has received training, therapy, or counselling, which may include, but is not limited to, attendance at an alternative education program, or that the pupil has had the benefit of other life experiences; and

(b) the pupil is unlikely to engage in dangerous conduct, or conduct similar to that for which the pupil was excluded.

Same

(2.9) A pupil who has been excluded under subsection (2.4) shall not be permitted to attend regular classes or to participate in activities and programs organized by the board for pupils until the pupil has satisfied the principal, the appropriate supervisory officer and the appropriate school guidance counsellor or other appropriate resource person employed by the board that,

(a) the pupil has completed the addiction counselling program;

(b) the pupil is unlikely to engage in conduct similar to that for which the pupil was excluded.

Notice and appeal

(2.10) If a principal has excluded a pupil under subsection (2.3) or (2.4), subsections (1.2), (2) and (2.1) apply with necessary modifications.

Contents of notice

(2.11) The notice of exclusion shall state that,

Record of exclusion

(2.12) Unless the board orders otherwise, a principal who excludes a pupil under subsection (2.3) or (2.4) shall place a written note in the record mentioned in clause 265 (d) in respect of the pupil stating that the exclusion took place and describing the conduct for which the exclusion was made.

Review

(2.13) If a principal has excluded a pupil under subsection (2.3) or (2.4), the principal shall ensure that a guidance counsellor or other appropriate resource person employed by the board reviews the circumstances of the exclusion and monitors the pupil's progress in the alternative education program and the addiction counselling program, if applicable.

Exclusion applies to all boards

(2.14) If a principal has excluded a pupil under subsection (2.3) or (2.4), no other board may admit the pupil to regular classes or the activities and programs that it organizes for pupils unless it is satisfied that the pupil has met the criteria set out in subsection (2.8) or (2.9) respectively.

3. The Act is amended by adding the following section:

Report to police

23.1 (1) If a principal of a school receives a report from a teacher under clause 264 (1) (e.1) or (e.2) with respect to a pupil and there already is a note in the record mentioned in clause 265 (d) in respect of the pupil that the pupil has been excluded under section 23, the principal is required to forward the report to the police.

Notice to pupil and parents

(2) A principal who forwards a report to the police under subsection (1) shall notify the pupil, the pupil's guardian within the meaning of section 18, if any, and the pupil's parents if the pupil has no such guardian by telephone or by sending a written notice to them by personal delivery or by mail addressed to their last known address.

4. (1) Subsection (2) applies only if Bill 21 (An Act to promote Safety in Ontario Schools and create positive Learning Environments for Ontario Students by making amendments to the Education Act, introduced on May 13, 1998) receives Royal Assent.

(2) On the later of the day this section comes into force and the day section 3 of Bill 21 comes into force, subsection 50 (7) of the Act, as enacted by section 3 of Bill 21, is amended by striking out "23 (2.7)" in the last line and substituting "23 (2.10)".

5. Subsection 264 (1) of the Act is amended by adding the following clauses:

(e.1) to report to the principal of the school all cases where the teacher finds the pupil in possession of tobacco, whether lighted or not, while in the school;

(e.2) to report to the principal of the school all cases where the teacher has reasonable and probable grounds to believe that a pupil, when attending school,

(i) is in a physically or mentally impaired state as a result of consuming or ingesting a substance in any way,

(ii) is in possession of a substance for the purpose of consuming or ingesting it in any way that would impair the pupil's physical or mental state, or

(iii) has supplied a substance to another person for that person to consume or ingest in any way that would impair that person's physical or mental state.

6. Section 265 of the Act, as amended by the Statutes of Ontario, 1991, chapter 10, section 6, is further amended by adding the following clause:

(d.1) upon being notified that a pupil has transferred enrolment to a different school, to transfer the record described in clause (d) in respect of the pupil to that school.

7. (1) Subsection (2) applies only if Bill 21 (An Act to promote Safety in Ontario Schools and create positive Learning Environments for Ontario Students by making amendments to the Education Act, introduced on May 13, 1998) receives Royal Assent.

(2) On the later of the day this section comes into force and the day section 300 of the Act, as enacted by section 4 of Bill 21, comes into force, the definition of "exclude" in section 300 of the Act is repealed and the following substituted:

exclude" means to exclude under subsection 23 (3) or (4). ("exclure")

8. (1) Subsection (2) does not apply if sections 311 and 312 of the Act, as set out in section 4 of Bill 21 (An Act to promote Safety in Ontario Schools and create positive Learning Environments for Ontario Students by making amendments to the Education Act, introduced on May 13, 1998), have been enacted and have come into force.

(2) The Act is amended by adding the following sections:

Confiscation of Substances and Banned Items

Access to lockers

311. To search for any item, the possession of which is prohibited under an Act of Canada or Ontario, or a policy or guideline of the school, the board, or the Minister or to search for a substance, the principal and any other board employee whom the principal designates are entitled, on reasonable grounds,

(a) to have access to the lockers of pupils and staff on the school property at any time; and

(b) to use reasonable force to obtain access.

Confiscation of prohibited articles

312. (1) The principal and any other board employee whom the principal designates are entitled to confiscate any item mentioned in section 311.

Police

(2) The principal or designate shall, as soon as possible, give anything that is confiscated under subsection (1) from a person who may not lawfully possess it to the police force that has jurisdiction in the area.

(3) Subsection (4) applies only if Bill 21 (An Act to promote Safety in Ontario Schools and create positive Learning Environments for Ontario Students by making amendments to the Education Act, introduced on May 13, 1998) receives Royal Assent.

(4) On the later of the day this section comes into force and the day sections 311 and 312 of the Act, as enacted by section 4 of Bill 21, come into force, sections 311 and 312 of the Act, as enacted by section 4 of Bill 21, are repealed and sections 311 and 312, as set out in subsection (2) of this section, are substituted.

9. The Act is amended by adding the following section:

Addiction counselling program

313.1 (1) Every board shall provide or arrange to provide an addiction counselling program for excluded pupils who are directed to attend it under section 23.

Contents of program

(2) The program shall provide information about services that are available from the board or elsewhere in the community that provide,

(a) information respecting the abuse of substances including information respecting the dangers of abusing substances and information about recognizing, preventing and treating that abuse; and

(b) information about the adverse effects of using tobacco, including the danger of addiction.

Attendance

(3) Section 30 applies to attendance in an addiction counselling program.

Completion

(4) A pupil shall not be deemed to have completed an addiction counselling program until,

(a) the pupil has signed a written undertaking to the board not to engage in conduct similar to that for which the pupil was excluded; and

(b) the pupil's guardian within the meaning of section 18 and the pupil's parents if the pupil has no such guardian have,

(i) met with a person responsible for the program whom the board designates, and

(ii) signed a written undertaking to the board that they will encourage the pupil not to engage in conduct similar to that for which the pupil was excluded and that, to the best of their ability, they will provide the necessary financial and other support to the pupil to encourage the pupil not to engage to that conduct.

10. (1) Subsection (2) does not apply if sections 318 and 319 of the Act, as set out in section 4 of Bill 21 (An Act to promote Safety in Ontario Schools and create positive Learning Environments for Ontario Students by making amendments to the Education Act, introduced on May 13, 1998), have been enacted and have come into force.

(2) The Act is amended by adding the following sections:

Board employee, reporting

318. No proceeding for damages shall be commenced against a board employee for any act done in good faith in connection with reporting any act that the employee is required to report under section 23.1, clause 264 (1) (e.1) or (e.2) or this Part.

Power of board, legal costs

319. If the court finds that section 318 applies to a proceeding against a teacher or other board employee, the board shall pay the costs the employee incurs in defending the proceeding, less any costs that the employee is entitled to have paid by any other person or organization.

(4) On the later of the day this section comes into force and the day section 318 of the Act, as enacted by section 4 of Bill 21, comes into force, section 318 of the Act, as enacted by section 4 of Bill 21, is repealed and section 318, as set out in subsection (2) of this section, is substituted.

Tobacco Control Act, 1994

11. Section 9 of the Tobacco Control Act, 1994 is amended by adding the following subsection:

Possession of tobacco

(5) No person under 19 years of age shall be in possession of unlighted tobacco while in a school within the meaning of the Education Act.

Commencement and Short Title

Commencement

12. This Act comes into force on the day it receives Royal Assent.

Short title

13. The short title of this Act is the Zero Tolerance for Substance Abuse Act, 1998.

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.