bill 13 amendments

7/31/2019 Bill 13 Amendments

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Motions package draft 8

Bill 13

An Act to amend the Education Act with respect to bullying and other matters

NDP Motions



NDP Motion

DAY 2

Bill 13


Motion to be moved in Committee

M

Preamble to the Bill (third paragraph)(On peut obtenir la version française de cette motion auprès du greffier.)

I move that the preamble to the Bill be amended by adding “gender identity, gender

expression” after “sexual orientation” in the third paragraph.



NDP Motion

DAY 2

Bill 13



M

Preamble to the Bill (third paragraph)(On peut obtenir la version française de cette motion auprès du greffier.)

I move that the preamble to the Bill be amended by striking out the third paragraph and

substituting the following:

Believe that all students should feel safe at school and deserve a positive school climate

that is inclusive and accepting, without discrimination on any ground prohibited by the

Human Rights Code or the Canadian Charter of Rights and Freedoms;



NDP Motion

DAY 2

Bill 13



M

Preamble to the Bill (seventh paragraph)(On peut obtenir la version française de cette motion auprès du greffier.)

I move that the preamble to the Bill be amended by adding “transphobia or biphobia” after

“homophobia” at the end of the seventh paragraph.



NDP Motion

DAY 1

Bill 13


Motion to be moved in Committee(On peut obtenir la version française de cette motion auprès du greffier.)

M

Subsection 1 (1) of the Bill (subsection 1 (1) of the Education Act )

I move that the definition of “bullying” in subsection 1 (1) of the Education Act , as set out

in subsection 1 (1) of the Bill, be struck out and the following substituted:

“bullying” means aggressive behaviour by a pupil where,

(a) the behaviour is intended by the pupil to have the effect of, or the pupil ought to

know that the behaviour would be likely to have the effect of,

(i) causing harm, fear or distress to another individual, including physicalor psychological harm, harm to the individual’s reputation or harm to the

individual’s property, or

(ii) creating a hostile environment at school for another individual, and

(b) the behaviour has either been repeated by the pupil or has not been repeated but

was of a serious nature; (“intimidation”)



NDP Motion

DAY 2

Bill 13



M


I move that the definition of “bullying” in subsection 1 (1) of the Education Act , as set out

in subsection 1 (1) of the Bill, be amended by adding “gender identity, gender expression”

after “gender”.



NDP Motion

DAY 1

Bill 13



M

Subsection 1 (2) of the Bill (subsection 1 (1.0.0.2) of the Education Act )

I move that subsection 1 (2) of the Bill be amended by adding the following subsection to

section 1 of the Education Act :

Cyber-bullying

(1.0.0.2) For the purposes of the definition of “bullying” in subsection (1), bullying

includes bullying by electronic means (commonly known as cyber-bullying), including,

(a) creating a web page or a blog in which the creator assumes the identity of

another person;

(b) impersonating another person as the author of content or messages posted on the

internet; and

(c) communicating material electronically to more than one individual or posting

material on a website that may be accessed by one or more individuals.



NDP Motion

DAY 2

Bill 13



M

Subsection 2 (1) of the Bill (paragraph 29.1 of subsection 8 (1) of the Education Act )

I move that paragraph 29.1 of subsection 8 (1) of the Education Act , as set out in subsection

2 (1) of the Bill, be struck out and the following substituted:

equity and inclusive education

29.1 require boards,

i. to develop and implement an equity and inclusive education policy,

ii. to submit the policy to the Minister and implement changes to the policyas directed by the Minister, and

iii. to submit an annual report to the Minister respecting the board’s

progress in implementing the policy;



NDP Motion

DAY 1

Bill 13



M

Subsection 2 (3) of the Bill (subsection 8 (1.1) of the Education Act )

I move that section 2 of the Bill be amended by adding the following subsection:

(3) Section 8 of the Act is amended by adding the following subsection:

Curriculum guidelines and learning materials, bullying prevention

(1.1) The Minister shall ensure that the curriculum guidelines issued under paragraph 3

of subsection (1) include bullying prevention as a component of instruction for pupils in the

junior, intermediate and senior divisions.



NDP Motion

DAY 2

Bill 13



M

Subsection 3 (1) of the Bill (clause 169.1 (1) (a.1) of the Education Act )

I move that clause 169.1 (1) (a.1) of the Education Act , as set out in subsection 3 (1) of the

Bill, be amended by adding “gender identity, gender expression” after “sexual orientation”.



NDP Motion

DAY 2

Bill 13



M

Subsection 3 (2) of the Bill (subsections 169.1 (2.1) and (2.2) of the Education Act )

I move that subsections 169.1 (2.1) and (2.2) of the Education Act , as set out in subsection

3 (2) of the Bill, be amended by,

(a) adding “teachers and other staff” in subsection (2.1) after “pupils”;

(b) striking out “from pupils” in subsection (2.2); and

(c) striking out “pupil” at the end of subsection (2.2) and substituting “person”.



NDP Motion

DAY 1

Bill 13



M

Section 3.1 of the Bill (paragraph 7.1 of subsection 170 (1) of the Education Act )

I move that the Bill be amended by adding the following section:

3.1 Subsection 170 (1) of the Act is amended by adding the following paragraph:

professional development programs, bullying and school climate

7.1 establish and provide annual professional development programs to educate

teachers and other staff of the board about bullying prevention and strategies for

promoting positive school climates;



NDP Motion

DAY 2

Bill 13



M

Section 4 of the Bill (paragraph 2 of section 300.0.1 of the Education Act )

I move that paragraph 2 of section 300.0.1 of the Education Act , as set out in section 4 of

the Bill, be amended by adding “transphobia or biphobia” at the end.



NDP Motion

DAY 2

Bill 13



M

Section 4 of the Bill (paragraphs 7 and 8 of section 300.0.1 of the Education Act )

I move that section 300.0.1 of the Education Act , as set out in section 4 of the Bill, be

amended by adding the following paragraphs:

7. To provide for the monitoring of and reporting on information related to the

promotion of positive school climates.

8. To ensure that boards take action with respect to the things described in

paragraphs 1 to 7.



NDP Motion

DAY 2

Bill 13



M

Subsection 6 (2) of the Bill (subsection 300.2 (3) of the Education Act )


section 300.2 of the Education Act :

Informing reporter, bullying

(3) A principal shall provide an employee who reported an act of bullying under

subsection (1) with the prescribed information relating to the actions taken by the principal

in response to the report.



NDP Motion

DAY 2

Bill 13



M


I move that subsection 301 (6) of the Education Act , as set out in subsection 7 (3) of the

Bill, be amended by striking out the portion before clause (a) and substituting the

following:

Same, governing discipline

(6) The Minister shall establish policies and guidelines with respect to disciplining

pupils, which must include policies and guidelines respecting,

. . . . .



NDP Motion

DAY 2

Bill 13



M

Subsection 7 (3) of the Bill (subclause 301 (6) (a) (i) of the Education Act )

I move that subclause 301 (6) (a) (i) of the Education Act , as set out in subsection 7 (3) of

the Bill, be amended by adding “transphobia or biphobia” at the end.



NDP Motion

DAY 2

Bill 13



M


I move that subsection 301 (7.1) of the Education Act , as set out in subsection 7 (4) of the

Bill, be amended by striking out the portion before clause (a) and substituting the

following:

Same, bullying

(7.1) The Minister shall establish policies and guidelines with respect to bullying

prevention and intervention in schools, which must include policies and guidelines

respecting,. . . . .



NDP Motion

DAY 2

Bill 13



M

Subsection 7 (4) of the Bill (clause 301 (7.1) (b) of the Education Act )

I move that clause 301 (7.1) (b) of the Education Act , as set out in subsection 7 (4) of the

Bill, be struck out and the following substituted:

(b) resources to support pupils who have been bullied or who witness incidents of

bullying;



NDP Motion

DAY 2

Bill 13



M



section 301 of the Education Act :

Same, process re complaints

(7.2) The Minister may establish policies and guidelines respecting a process that

pupils and parents or guardians can follow if they have concerns that a principal or a board

has not complied with a duty set out in this Part.



NDP Motion

DAY 2

Bill 13



M

Section 9 of the Bill (subsection 303.1 (2) of the Education Act )

I move that section 303.1 of the Education Act , as set out in section 9 of the Bill, be

amended by adding the following subsection:

Same, gay-straight alliance

(2) For greater certainty, neither the board nor the principal shall refuse to allow a

pupil to use the name gay-straight alliance or a similar name for an organization described

in clause (1) (d).



NDP Motion

DAY 2

Bill 13



M




Same, interpretation

(3) Nothing in this section shall be interpreted to require a board to support the

establishment of an activity or organization in a school unless there is at least one pupil

who wants to establish and lead it.



NDP Motion

DAY 2

Bill 13



M




Same

(4) A board shall comply with this section in a way that does not adversely affect a

pupil’s right to freedom of expression guaranteed by clause 2 (b) of the Canadian Charter

of Rights and Freedoms.



NDP Motion

DAY 2

Bill 13



M

Section 10 of the Bill (paragraph 7.2 of subsection 310 (1) of the Education Act )

I move that paragraph 7.2 of subsection 310 (1) of the Education Act , as set out in section

10 of the Bill, be amended by adding “gender identity, gender expression” after “sexual

orientation”.



NDP Motion

DAY 2

Bill 13



M

Section 10 of the Bill (paragraph 7.2 of subsection 310 (1) of the Education Act )

I move that paragraph 7.2 of subsection 310 (1) of the Education Act , as set out in section

10 of the Bill, be amended by striking out “or any other similar factor” at the end and

substituting “or on any other ground of discrimination prohibited by the Human Rights

Code or the Canadian Charter of Rights and Freedoms”.



NDP Motion

DAY 1

Bill 13



M

Section 10.1 of the Bill (section 314.5 of the Education Act )


10.1 The Act is amended by adding the following section:

Reporting re school climate and s. 300.2 reports

Principal’s duty to report

314.5 (1) After the last day of every school year and before a day specified by the

board, a principal shall submit a report to the board that sets out,

(a) the number of reports received by the principal under section 300.2 during the

school year, including the number of reports of bullying reported under that

section;

(b) a description of the range of activities reported under section 300.2 during the

school year;

(c) the number of cases, out of the reports mentioned in clause (a), in which the

principal, after an investigation, believed that an activity described in subsection

306 (1) or 310 (1) had occurred; and

(d) the number of cases, out of the reports mentioned in clause (a), in which the

principal, after an investigation, contacted a law enforcement agency so that the

agency could consider laying a criminal charge against the perpetrator.



Same

(2) A board may request that reports be submitted under subsection (1) more

frequently and, in that case, the board shall specify the time period to which the reports

must apply.

Board’s duty to report(3) Before September 1 of every second year, a board shall submit a report to the

Minister that includes,

(a) a summary of the reports received by the board under subsection (1) for the two

preceding school years that includes the information described in clauses (5) (a)

and (b); and

(b) a summary of the information collected under subsection 169.1 (2.1) for the two

preceding schools years that includes the information described in clause (5) (c).

Minister’s duty to report

(4) Before October 1 of every second year, the Minister shall submit a report to the

Lieutenant Governor in Council respecting the promotion of positive school climates inschools in Ontario, and shall then lay the report before the Assembly.

Same

(5) The Minister’s report referred to in subsection (4) shall include,

(a) the number of reports of bullying reported under section 300.2 for the two

preceding schools years;

(b) a description of the range of activities reported under section 300.2 for the two

preceding school years;

(c) a description of the range of issues revealed by the information collected under subsection 169.1 (2.1) for the two preceding school years, including the issues

revealed by pupils in each grade and the issues revealed by pupils of each board;

and

(d) the steps that the Minister has taken in the two preceding school years in relation

to bullying prevention and intervention in schools.

Application of section to the 2012-2013 school year

(6) The first reports submitted under this section must be submitted in 2013 for the

2012-2013 school year.

2



NDP Motion

DAY 2

Bill 13



M




Minister’s duty re s. 169.1 (1) (a.1) and (a.2)

314.6 The Minister shall take steps in every school year to ensure that each board is

complying with its duties under clauses 169.1 (1) (a.1) and (a.2).



NDP Motion

DAY 2

Bill 13



M




Board’s duty to monitor discipline

314.7 Every board shall monitor the use of disciplinary measures used in schools and

evaluate whether the disciplinary measures are being used in a way that disproportionately

affects pupils from minority groups.

bill 13 amendments

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