Bill 13 2011
Projet de loi 13 2011
An Act to amend
the Education Act
with respect to bullying
and other matters
Note: This Act amends the Education Act. For the legis-
lative history of the Act, see the Table of ConsolidatedPublic Statutes – Detailed Legislative History at www.e-
Laws.gov.on.ca.
Preamble
The people of Ontario and the Legislative Assembly:
Believe that education plays a critical role in preparingyoung people to grow up as productive, contributing andconstructive citizens in the diverse society of Ontario;
Believe that all students should feel safe at school anddeserve a positive school climate that is inclusive andaccepting, regardless of race, ancestry, place of origin,
colour, ethnic origin, citizenship, creed, sex, sexual orien-
tation, age, marital status, family status or disability;
Believe that a healthy, safe and inclusive learning envi-
ronment where all students feel accepted is a necessarycondition for student success;
Understand that students cannot be expected to reach theirfull potential in an environment where they feel insecureor intimidated;
Believe that students need to be equipped with the knowl-
edge, skills, attitude and values to engage the world andothers critically, which means developing a critical con-
sciousness that allows them to take action on making theirschools and communities more equitable and inclusive forall people, including LGBTTIQ (lesbian, gay, bisexual,
transgendered, transsexual, two-spirited, intersexed, queer
and questioning) people;
Recognize that a whole-school approach is required, andthat everyone — government, educators, school staff,
parents, students and the wider community —has a role
to play in creating a positive school climate and prevent-
ing inappropriate behaviour, such as bullying, sexual as-
sault, gender-based violence and incidents based on ho-
mophobia;
Acknowledge that there is a need for stronger action tocreate a safe and inclusive environment in all schools, andto support all students, including both students who are
impacted by and students who have engaged in inappro-
priate behavior, to assist them in developing healthy rela-
tionships, making good choices, continuing their learningand achieving success.
Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of On-
tario, enacts as follows:
1. (1) Subsection 1 (1) of the Education Actisamended by adding the following definition:
“bullying” means repeated and aggressive behaviour by apupil where,
👼 the behaviour is intended by the pupil to cause, orthe pupil ought to know that the behaviour wouldbe likely to cause, harm, fear or distress to anotherindividual, including psychological harm or harmto the individual’s reputation, and
🍺 the behaviour occurs in a context where there is areal or perceived power imbalance between the pu-
pil and the individual based on factors such as size,
strength, age, intelligence, peer group power, eco-
nomic status, social status, religion, ethnic origin,
sexual orientation, family circumstances, gender,
race, disability or the receipt of special education;
(“intimidation”)
(2) Section 1 of the Act is amended by adding thefollowing subsection:
Bullying
(1.0.0.1) For the purposes of the definition of “bully-
ing” in subsection (1), behaviour includes the use of anyphysical, verbal, electronic, written or other means.
2. (1) Paragraph 29.1 of subsection 8 (1) of the Actis repealed and the following substituted:
equity and inclusive education
29.1 require boards to develop and implement an equityand inclusive education policy, and, if required bythe Minister, submit the policy to the Minister andimplement changes to the policy as directed by theMinister;
(2) Subsection 8 (1) of the Act is amended by addingthe following paragraph:
surveys under s. 169.1 (2.1)
31. establish policies and guidelines respecting thesurveys referred to in subsection 169.1 (2.1);
3. (1) Subsection 169.1 (1) of the Act is amended byadding the following clauses:
(a.1) promote a positive school climate that is inclusiveand accepting of all pupils, including pupils of anyrace, ancestry, place of origin, colour, ethnic ori-
gin, citizenship, creed, sex, sexual orientation, age,
marital status, family status or disability;
(a.2) promote the prevention of bullying;
(2) Section 169.1 of the Act is amended by addingthe following subsections:
School climate surveys
(2.1) In fulfilling its duties under clause (1) 📩 withrespect to the effectiveness of policies developed by theboard to promote the goals referred to in clauses (1) (a.1)
and (a.2), every board shall use surveys to collect infor-
mation from its pupils at least once every two years inaccordance with any policies and guidelines made underparagraph 31 of subsection 8 (1).
Same
(2.2) In collecting information from pupils under sub-
section (2.1), a board shall not collect any name or anyidentifying number, symbol or other particular assigned toa pupil.
4. The Act is amended by adding the following sec-
tion:
Purpose
300.0.1 The purposes of this Part include the follow-
ing:
1. To create schools in Ontario that are safe, inclusiveand accepting of all pupils.
2. To encourage a positive school climate and preventinappropriate behaviour, including bullying, sexualassault, gender-based violence and incidents basedon homophobia.
3. To address inappropriate pupil behaviour and pro-
mote early intervention.
4. To provide support to pupils who are impacted byinappropriate behaviour of other pupils.
5. To establish disciplinary approaches that promotepositive behaviour and use measures that includeappropriate consequences and supports for pupilsto address inappropriate behaviour.
6. To provide pupils with a safe learning environ-
ment.
5. The Act is amended by adding the following sec-
tion:
Bullying Awareness and Prevention Week
300.0.2 (1) The week beginning on the third Sundayin November in each year is proclaimed as BullyingAwareness and Prevention Week.
Same, purpose
(2) The purpose of subsection (1) is to promote aware-
ness and understanding of bullying and its consequencesin the school community.
6. (1) Section 300.2 of the Act is amended by strik-
ing out “as soon as reasonably possible”.
(2) Section 300.2 of the Act is amended by addingthe following subsection:
Same
(2) An employee shall report to the principal as soon asreasonably possible or, if a different time period is speci-
fied by the policies or guidelines, within that time period.
7. (1) Subsection 301 (2) of the Act is amended byadding the following paragraph:
7. To prevent bullying in schools.
(2) Section 301 of the Act is amended by adding thefollowing subsection:
Agreements with third parties re use of schools
(3.1) If a board enters into an agreement with anotherperson or entity, other than a board, respecting the use ofa school operated by the board, the board shall include inthe agreement a requirement that the person or entity fol-
low standards that are consistent with the code of conduct.
(3) Subsection 301 👿 of the Act is repealed and thefollowing substituted:
Same, governing discipline
👿 The Minister may establish policies and guidelineswith respect to disciplining pupils, including policies andguidelines respecting,
👼 the use of disciplinary measures within a frame-
work that,
💡 identifies pupil behaviours that are inappro-
priate and that, without excluding less seriousbehaviour, include bullying, sexual assault,
gender-based violence and incidents based onhomophobia,
(ii) provides for appropriate consequences forpupils who engage in inappropriate behaviour,
(iii) provides for progressively more serious con-
sequences for repeated or more serious inap-
propriate behaviour,
(iv) provides support for pupils who are impactedby inappropriate behaviour, and for pupilswho engage in inappropriate behaviour, to as-
sist them in developing healthy relationships,
making good choices, continuing their learn-
ing and achieving success,
(v) provides for prevention strategies, and
(vi) provides for early and ongoing interventionstrategies;
🍺 opportunities for all pupils, their parents andguardians, and all teachers and other staff membersin a school to increase their understanding andawareness of inappropriate pupil behaviour;
☕️ opportunities for all teachers and other staff mem-
bers in a school to increase their ability to respondto inappropriate pupil behaviour;
training for all teachers and other staff;
📩 procedures for responding appropriately and in atimely manner to inappropriate behaviour;
🌹 resources to support pupils who are impacted byinappropriate behaviour;
🎁 resources to support pupils who have engaged ininappropriate behaviour;
😎 a process that parents or guardians of pupils de-
scribed in clause 🌹 or 🎁 can follow if they haveconcerns about the support provided to their child.
(4) Section 301 of the Act is amended by adding thefollowing subsections:
Same, bullying
(7.1) The Minister may establish policies and guide-
lines with respect to bullying prevention and interventionin schools, including policies and guidelines respecting,
👼 training for all teachers and other staff;
🍺 resources to support pupils who are impacted bybullying;
☕️ the resources provided, as part of programs de-
scribed in section 312, to pupils who have beensuspended or expelled for bullying;
procedures that allow pupils to report incidents ofbullying safely and in a way that minimizes thepossibility of reprisal;
📩 the use of disciplinary measures within the frame-
work described in clause 👿 👼 in response to bul-
lying;
🌹 procedures for responding appropriately and in atimely manner to bullying.
. . . . .
Approval and changes, board policies and guidelines
(11) The Minister may require boards to submit anypolicy or guideline established under section302 to the
Minister and to implement changes to the policy or guide-
line as directed by the Minister.
8. (1) Subsection 302 (2) of the Act is repealed andthe following substituted:
Same, governing discipline
(2) Every board shall establish policies and guidelines
with respect to disciplining pupils, and the policies andguidelines must,
👼 be consistent with this Part and with those estab-
lished by the Minister under section 301;
🍺 address every matter described in clauses 301 👿
👼 to 😎; and
☕️ address any other matter and include any otherrequirement that the Minister may specify.
(2) Section 302 of the Act is amended by adding thefollowing subsection:
Same, governing bullying
(3.4) Every board shall establish policies and guide-
lines with respect to bullying prevention and interventionin schools, and the policies and guidelines must,
👼 be consistent with those established by the Ministerunder section 301;
🍺 address every matter described in clauses 301 (7.1)
👼 to 🌹; and
☕️ address any other matter and include any otherrequirement that the Minister may specify.
9. The Act is amended by adding the following sec-
tion:
Board support for certain pupil activities and organizations
303.1 Every board shall support pupils who want toestablish and lead,
👼 activities or organizations that promote gender eq-
uity;
🍺 activities or organizations that promote anti-racism;
☕️ activities or organizations that promote the aware-
ness and understanding of, and respect for, peoplewith disabilities; or
activities or organizations that promote the aware-
ness and understanding of, and respect for, peopleof all sexual orientations and gender identities, in-
cluding organizations with the name gay-straight
alliance or another name.
10. Subsection 310 (1) of the Act is amended byadding the following paragraphs:
7.1 Bullying, if,
i. the pupil has previously been suspended forengaging in bullying, and
ii. the pupil’s continuing presence in the schoolcreates an unacceptable risk to the safety ofanother person.
7.2 Any activity listed in subsection 306 (1) that ismotivated by bias, prejudice or hate based on race,
national or ethnic origin, language, colour, religion,
sex, age, mental or physical disability, sexual ori-
entation, or any other similar factor.
Commencement
11. (1) Subject to subsection (2), this Act comes intoforce on September 1, 2012.
Same
(2) Section 5 comes into force on the day this Actreceives Royal Assent.
Short title
12. The short title of this Act is the Accepting
Schools Act, 2011.
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WTTO
2012-05-28 23:39
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1ST SESSION, 40TH LEGISLATURE, ONTARIO
60 ELIZABETH II, 2011
Bill 13
An Act to amend
the Education Act
with respect to bullying
and other matters
The Hon. L. Broten
Minister of Education
Government Bill
Projet de loi du gouvernement
1st Reading November 30, 2011
2nd Reading
3rd Reading
Royal Assent
Printed by the Legislative Assembly
of Ontario
EXPLANATORY NOTE
NOTE EXPLICATIVE
The Bill amends the Education Act. The principal amendmentsmade by the Bill include the following:
1. Subsection 1 (1) of the Act is amended to include a defi-
nition of “bullying”.
2. Section 169.1 of the Act requires boards to have policiesthat promote certain goals. This section is amended toinclude the following goals: promoting a positive schoolclimate that is inclusive and accepting of all pupils andpromoting the prevention of bullying. Boards are re-
quired to use surveys to monitor and evaluate the effec-
tiveness of the boards’ policies relating to these newgoals.
3. A new section 300.0.1 sets out the purposes of Part XIIIof the Act (Behaviour, Discipline and Safety).
4. A new section 300.0.2 proclaims the third week in No-
vember as Bullying Awareness and Prevention Week.
5. Subsection 301 (2) of the Act, which sets out the pur-
poses of the provincial code of conduct, is amended toinclude preventing bullying in schools. A new subsec-
tion 301 (3.1) requires boards that enter into an agree-
ment with another person or entity respecting the use of
a school operated by the board to require the person orentity to follow standards that are consistent with theprovincial code of conduct. Subsection 301 👿, whichauthorizes the Minister to make policies and guidelineswith respect to disciplining pupils, is amended to set outa list of matters that this power includes. A new subsec-
tion 301 (7.1) authorizes the Minister to make policiesand guidelines with respect to bullying prevention andintervention in schools and sets out a list of matters that
this power includes.
6. Subsection 302 (2) of the Act, which authorizes boardsto establish policies and guidelines with respect to disci-
plining pupils, is amended to require boards to establishpolicies and guidelines that address the matters set out insubsection 301 👿. The new subsection 302 (3.4) re-
quires boards to establish policies and guidelines withrespect to bullying prevention and intervention inschools that address the matters set out in subsection 301(7.1).
7. A new section 303.1 requires boards to support pupilswho want to establish and lead activities or organizationsthat promote gender equity, anti-racism, the awarenessand understanding of, and respect for, people with dis-
abilities or the awareness and understanding of, and re-
spect for, people of all sexual orientations and genderidentities.
8. Subsection 310 (1) of the Act, which sets out the cir-
cumstances in which a pupil must be suspended andconsidered for possible expulsion, is amended to includecertain circumstances relating to bullying and to activi-
ties that are motivated by bias, prejudice or hate.
我是反自由党的,但谈事情还是要实事求事,具体分析,不能主观冲动。
有人真的试着去亲身阅读,了解这个法案么?我看没有。
我不辞劳苦放狗搜到了这个法案,粗读了一下,全文9页,只有一小段里的一句话谈到了你们担心的事情,但事情好象完全不是你们说的那样。下面的文件链接和有关文字。
Online weblink where you can download this doc
9. The Act is amended by adding the following section:
Board support for certain pupil activities and organizations
303.1 Every board shall support pupils who want to establish and lead,
👼 activities or organizations that promote gender equity;
🍺 activities or organizations that promote anti-racism;
☕️ activities or organizations that promote the awareness and understanding of, and respect for, people with disabilities; or
activities or organizations that promote the awareness and understanding of, and respect for, people of all sexual orientations and gender identities, including organizations with the name gay-straight alliance or another name.
到底怎么翻译,相信在英语环境里上班的人不应该有阅读上的障碍。
要表达反对意见请直接给自己选区的省议员写信,查找选区的省议员请复制链接http://www.ontla.on.ca/web/members/members_current.do?locale=en
点击members(mpps)所打开页面的最下一行有Postal Code Search 点击进入后就可以查到自己属于哪个选区,查到选区点击information on your Member of Provincial Parliament后再把选区按字母先后排列就很容易找到省议员名字,点击名字就能查到他办公室地址。记住before may.22
调查显示:90%受访者反对Bill 13法案