[38] Bill 143 Original (PDF)

Bill 143 2004

An Act to amend the
Child and Family Services Act
and the Education Act
with respect to teachers' assistants

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

Child and Family Services Act

1.  Section 75 of the Child and Family Services Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 43 and 1999, chapter 2, section 27, is amended by adding the following subsection:

Access by school board

(9.1)  A person who is an employee of a board as defined in subsection 1 (1) of the Education Act and whom the board authorizes to do so may inspect and disclose information in the register for the purpose of evaluating whether to permit a person to assist teachers or to complement instruction by teachers in a school within the board's jurisdiction.

Education Act

2.  (1)  Subsection 170 (1) of the Education Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, 1996, chapter 12, section 64, 1996, chapter 13, section 5, 1997, chapter 31, section 80, 2000, chapter 11, section 3 and 2002, chapter 7, section 1, is amended by adding the following paragraph:

12.2 on becoming aware that an assigned person described in section 170.3 who performs work in or for a school within the board's jurisdiction has been charged with or convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors, or of any other offence under the Criminal Code (Canada) that in the opinion of the board indicates that pupils may be at risk, take prompt steps to ensure that the person performs no duties in the classroom and no duties involving contact with pupils, pending withdrawal of the charge, discharge following a preliminary inquiry, stay of the charge or acquittal, as the case may be;

(2)  Section 170 of the Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 30, 1996, chapter 12, section 64, 1996, chapter 13, section 5, 1997, chapter 31, section 80, 2000, chapter 11, section 3, 2001, chapter 14, Schedule A, section 2 and 2002, chapter 7, section 1, is amended by adding the following subsection:

Offence

(2.1)  Every member of a board that contravenes paragraph 12.2 of subsection (1) and every person concerned in the management of a school involved in the contravention is guilty of an offence and on conviction is liable to a fine of not more than $50 for every day that the contravention continues.

3.  Section 170.3 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 81, is amended by adding the following subsections:

Disclosure of personal information

(2)  No board shall permit a person to assist teachers or to complement instruction by teachers in a school within the board's jurisdiction unless the person consents to having,

(a) a law enforcement agency in Canada that has access to any judicial record of a conviction of the person for an offence under the Criminal Code (Canada), for which a pardon under section 4.1 of the Criminal Records Act (Canada) has not been issued or granted, disclose the record to the board; and

(b) the Ontario College of Teachers disclose to the board any records made by the Discipline Committee of the College in the register maintained by the College with respect to the conduct or actions of the person during the time that the person was a member of the College, if applicable; and

(c) another board that has employed the person disclose to the board any records of disciplinary matters with respect to the person during the time that the person was an employee of that other board, if applicable.

Duty to obtain information

(3)  No board shall permit a person to assist teachers or to complement instruction by teachers in a school within the board's jurisdiction unless the board,

(a) has obtained disclosure of the records described in clauses (2) (a), (b) and (c); and

(b) has inspected the child abuse register maintained under section 75 of the Child and Family Services Act to determine whether any information in the register affords reasonable grounds to believe that the person has been responsible for the abuse of children.

Prohibition

(4)  No board shall permit a person to assist teachers or to complement instruction by teachers in a school within the board's jurisdiction if the board has reasonable grounds to believe that, based on the past conduct or actions of the person, the person will not perform work in or for the school in accordance with the law.

Offence

(5)  Every member of a board that contravenes subsection (3) and every person concerned in the management of a school involved in the contravention is guilty of an offence.

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 (Teachers' Assistants), 2004.

EXPLANATORY NOTE

The Bill amends the Education Act to require that a school board not permit a volunteer to assist teachers or to complement instruction by teachers in a school within the board's jurisdiction unless the volunteer consents to having the following personal information disclosed to the board and the board obtains that information: his or her criminal record and, if applicable, the disciplinary record maintained by the Ontario College of Teachers with respect to the time during which the person was a member of the College and the disciplinary record of another board with respect to the time during which the person was an employee of that other board. A school board is also authorized and required to inspect the child abuse register maintained under section 75 of the Child and Family Services Act.

In addition, the board shall not permit a volunteer to assist teachers or to complement instruction by teachers in a school within the board's jurisdiction if the board has reasonable grounds to believe that, based on the past conduct or actions of the person, the person will not perform work in or for the school in accordance with the law.

On becoming aware that a volunteer has been charged with or convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors, or of any other offence under the Criminal Code (Canada) that in the opinion of the board indicates that pupils may be at risk, the board is required to take prompt steps to ensure that the volunteer performs no duties in the classroom and no duties involving contact with pupils. This obligation is the same obligation that presently exists in the Act with respect to teachers and temporary teachers.