[39] Bill 202 Original (PDF)
Bill 202 2009
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
1. 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
321. (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
322. (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
324. (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
3. Part III of the Public Libraries Act is amended by adding the following sections:
Blocking access to sexual material
38.1 (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
38.2 (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
38.3 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 38.1 or 38.2; and
(b) has in place technology measures that permit the library to perform the monitoring described in clause (a).
Minister's regulations
38.4 (1) The Minister may make regulations,
(a) specifying standards that technology measures must meet for a board to comply with its requirements in section 38.1, 38.2 or 38.3;
(b) specifying anything that section 38.2 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), 2009.
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.
A 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.