Bill 98, Education Amendment Act (Mould Contamination in Portable Classrooms), 1998

Versions

B098_E

Bill 98 1998

An Act to protect the health of pupils and teachers against the effects of Stachybotrys atra mould in portable classrooms by making amendments to the Education Act

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

1. Section 16 of the Education Act, as amended by the Statutes of Ontario, 1996, chapter 11, section 29, is further amended by adding the following subsection:

Testing, etc., re mould contamination in portable classrooms

(10) Section 170.4 applies, with necessary modifications, to the operator of a private school.

2. Part VI of the Act is amended by adding the following section:

Testing, etc., re mould contamination in portable classrooms

170.4 (1) Every board shall ensure that the following steps are carried out:

1. Invasive tests for Stachybotrys atra mould shall be conducted on every portable classroom,

i. within 30 days after the fifth anniversary of the first use of the classroom, and

ii. thereafter, every three years, within 30 days after the anniversary of the first test.

2. The tests shall be conducted in accordance with the recommended procedures contained in "Fungal Contamination in Public Buildings: A Guide to Recognition and Management" published by Health Canada in June, 1995.

3. In addition, a visual inspection for signs of Stachybotrys atra mould shall be conducted in every portable classroom,

i. on or before the day of first use, and

ii. thereafter, every six months.

4. A report shall be prepared on each test and inspection within 10 days after it is conducted, and a copy shall be forwarded to the Ministry of Education and Training.

5. Within three months after a test or inspection revealing evidence of Stachybotrys atra mould is conducted,

i. the portable classroom shall be cleaned up so as to remove all Stachybotrys atra mould contamination, or

ii. the pupils who use the portable classroom shall be moved to another classroom that is free of Stachybotrys atra mould contamination.

Regulation re compensation

(2) The Lieutenant Governor in Council may, by regulation, provide for compensation to boards for the cost of compliance with this section.

Transition

(3) The following rules apply to portable classrooms that are already in use on the effective date:

1. The first invasive test referred to in paragraph 1 of subsection (1) shall be conducted within six months after the effective date.

2. The first visual inspection referred to in paragraph 3 of subsection (1) shall be conducted within 30 days after the effective date.

Definition

(4) In subsection (3), "

effective date" means the day the Education Amendment Act (Mould Contamination in Portable Classrooms), 1998 comes into force.

Commencement

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

Short title

4. The short title of this Act is the Education Amendment Act (Mould Contamination in Portable Classrooms), 1998.

EXPLANATORY NOTE

The Bill requires school boards and operators of private schools to conduct regular testing and inspections for Stachybotrys atra mould contamination in portable classrooms. If mould contamination is found it must be cleaned up or the pupils must be moved to another classroom. Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.