Bill 39 2012

An Act to amend the Education Act with respect to concussions

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.  The heading to Part XIII.1 of the Education Act is repealed and the following substituted:

Part XIII.1
Pupil Health

   2.  The Act is amended by adding the following heading immediately before section 317:

Nutritional Standards

   3.  Part XIII.1 of the Act is amended by adding the following section:

Concussions

Minister's policies and guidelines

   321.  (1)  The Minister may establish and require boards to comply with policies and guidelines respecting head injuries and concussions in pupils, including policies and guidelines,

  (a)  respecting the distribution of information to pupils, parents, guardians, board employees and volunteers about the prevention of head injuries, the identification of symptoms of concussions and the management of concussions;

  (b)  respecting when a pupil who is suspected of having sustained a concussion is to be removed from or prevented from further participating in intramural or inter-school athletics or any part of the health and physical education curriculum;

   (c)  respecting the return of a pupil who has or may have sustained a concussion to intramural or inter-school athletics or to any part of the health and physical education curriculum, or his or her return to learning;

  (d)  respecting the responsibilities of board employees, classes of board employees, or other persons who are involved in intramural or inter-school athletics or any part of the health and physical education curriculum in relation to the prevention of head injuries, the identification of symptoms of concussions and the management of concussions;

  (e)  specifying other persons, in addition to board employees, who have responsibilities described in clause (d);

    (f)  respecting any other matter that a board's policies and guidelines must address;

  (g)  respecting any requirements that must be included in a board's policies and guidelines.

Same

   (2)  The Minister may specify in a policy or guideline established under subsection (1) a date or dates by which boards must establish policies or guidelines under subsection (3), or parts of them.

Board's policies and guidelines

   (3)  Every board shall establish policies and guidelines respecting head injuries and concussions in pupils, and the policies and guidelines must,

  (a)  be consistent with the policies and guidelines established by the Minister under subsection (1) and with any regulations made under subsection (4); and

  (b)  address the matters listed in clauses (1) (a) to (f) and include any requirements described in clause (1) (g).

Minister's regulations

   (4)  The Minister may make regulations governing all aspects of head injuries and concussions in pupils, including regulations relating to any matter listed in clauses (1) (a) to (e).

General or particular

   (5)  A regulation made under subsection (4) may be general or particular.

Not regulations

   (6)  Policies and guidelines established under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006.

No liability if person acts reasonably and in good faith

   (7)  A board employee or volunteer who is involved in intramural or inter-school athletics or any part of the health and physical education curriculum is not personally liable in a civil proceeding for an act or omission if the person acts reasonably in the circumstances, in good faith and in accordance with the Act, regulations and with any policies and guidelines made under this section.

Commencement

   4.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   5.  The short title of this Act is the Education Amendment Act (Concussions), 2012.

EXPLANATORY NOTE

The Bill amends the Education Act. Part XIII.1 of the Act is renamed "Pupil Health" and a new section is added to it. The new section authorizes the Minister to make policies and guidelines respecting head injuries and concussions and sets out a list of matters that this power includes. The section requires boards to establish policies and guidelines respecting head injuries and concussions and requires boards to address the specified matters. The Minister is also given authority to make regulations about the same matters. The section describes when board employees or volunteers will not be liable in a civil proceeding for their acts or omissions.