Bill 102 2012

An Act to amend the Education Act to restrict the use of blocker pads

Note: This Act amends the Education Act.  For the legislative history of the Act, 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:

   1.  Subsection 300 (1) of the Education Act is amended by adding the following definition:

"blocker pad" means a moveable pad that is made out of foam or similar material and that is designed to provide a barrier to impede the movement of a person; ("bloqueur")

   2.  Section 300.2 of the Act is amended by adding the following subsection:

Same, re blocker pads

   (1.1)  An employee of a board who becomes aware that a person may have used a blocker pad to impede the movement of a pupil of a school of the board in contravention of subsection 305.1 (1) shall, as soon as reasonably possible, report to the principal of the school about the matter if the employee has not already done so under subsection (1).

   3.  References in sections 4 and 5 to provisions of Bill 13 (Accepting Schools Act, 2012), introduced on November 30, 2011, are references to those provisions as they were numbered in the version of the Bill as amended by the Standing Committee on Social Policy and as reported to the Legislative Assembly on May 30, 2012.

   4.  (1)  This section does not apply if subsection 6.1 (1) of Bill 13 comes into force on or before the day this section comes into force.

   (2)  Subsection 300.3 (1) of the Act is amended by striking out "subsection 306 (1)" and substituting "subsection 305.1 (1), 306 (1)".

   5.  (1)  This section applies only if Bill 13 receives Royal Assent.

   (2)  On the later of the day section 4 of this Act comes into force and the day subsection 6.1 (1) of Bill 13 comes into force, subsection 300.3 (1) of the Act is amended by striking out "subsection 306 (1)" in the portion before clause (a) and substituting "subsection 305.1 (1), 306 (1)".

   6.  The Act is amended by adding the following sections immediately before the heading "Suspension":

Prohibition against blocker pads

   305.1  (1)  Despite any code of conduct, policy or guideline established by the Minister under section 301, policy or guideline of a board established under section 302 or local code of conduct established by a principal under section 303, no person shall use a blocker pad to impede the movement of another person on school premises or in any school-related activity except if the other person is engaging in a school-related sporting activity where the blocker pad is required to ensure the safety of the other person.

Offence

   (2)  Every person who contravenes subsection (1) is guilty of an offence.

Reporting to the principal

   305.2  (1)  An employee of a board who becomes aware that a person who is not a pupil of a school of the board may have used a blocker pad to impede the movement of another person, who is not a pupil, on school premises or in any school-related activity in contravention of subsection 305.1 (1) shall, as soon as reasonably possible, report to the principal of the school about the matter.

Principal's duty to notify police

   (2)  The principal shall investigate any matter reported under subsection (1) and, if it is reasonable to do so after the investigation, notify the appropriate law enforcement officers.

   7.  Subsection 306 (1) of the Act is amended by adding the following paragraph:

  1.1  Using a blocker pad to impede the movement of another person in contravention of subsection 305.1 (1).

   8.  Paragraph 2 of subsection 310 (1) of the Act is amended by adding "or a blocker pad" after "weapon".

Commencement

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

Short title

   10.  The short title of this Act is the Education Amendment Act (Blocker Pads), 2012.

EXPLANATORY NOTE

The Bill amends the Education Act with respect to blocker pads which are defined as moveable pads that are made out of foam or similar material and that are designed to provide a barrier to impede the movement of a person. It is an offence for a person to use a blocker pad to impede the movement of another person on school premises or in any school-related activity except if the other person is engaging in a school-related sporting activity where the blocker pad is required to ensure the safety of the other person.

An employee of a board who becomes aware that a person may have used a blocker pad on school premises or in any school-related activity in contravention of the restriction is required to report the matter to the principal of the school. If the matter involves a pupil of the school, either as perpetrator or victim, the disciplinary measures of Part XIII of the Act apply to the matter. If the matter does not involve a pupil of the school, either as perpetrator or victim, the principal is required to investigate the matter and, if it is reasonable to do so, to notify the appropriate law enforcement officers.