BILL NO. 112
2nd Session, 63rd General Assembly
68 Elizabeth II, 2019
The Honourable Zach Churchill
Minister of Education and Early Childhood Development
First Reading: March 13, 2019
Second Reading: March 14, 2019
Third Reading: April 9, 2019 (LINK TO BILL AS PASSED)
Clause 1 adds provisions to the Education Act with respect to record checks and in particular
(c) compels an education entity to collect certain record checks from a person who has been offered a job that involves direct contact with students or a position of trust or authority toward students or vulnerable persons;
- (i) refuse to hire a person as a result of the person's record check,
Clause 2 adds to the Minister of Education and Early Childhood Development's regulation-making powers with respect to
Clause 3 provides that this Act comes into force upon proclamation.
An Act to Amend Schedule A
of Chapter 1 of the Acts of 2018,
the Education Act,
Respecting Student Protection
1 Schedule A of Chapter 1 of the Acts of 2018, the Education Act, is amended by adding immediately after Section 53 the following heading and Sections:
- 53A In Sections 53A to 53F and clauses 97(la) to (lj),
(b) criminal record check" means a record prepared by a police agency or other service that contains information on whether an individual has any conviction or has any outstanding charge awaiting disposition under a federal or Provincial enactment;
(d) vulnerable sector check" means a search of the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police in accordance with the Criminal Records Act (Canada).
53B An education entity shall inform a person of the requirement for record checks under this Act and the regulations if the person is employed by, or applies for employment or other engagement with the education entity, in a position for which record checks are required.
53C (1) An education entity shall require, in accordance with the regulations, a person who has been offered employment or other engagement by the education entity and whose position would require direct contact with students or who would occupy a position of trust or authority toward students or vulnerable persons to provide
(2) An education entity shall require a person who has been offered employment or other engagement by the education entity who is not required to provide a record check under subsection (1) to provide a criminal record check in accordance with the regulations.
53D An education entity shall collect the results of a current criminal record check with respect to an employee or class of persons prescribed by the regulations in accordance with a schedule and any other requirements respecting criminal records checks prescribed by the regulations.
53F Where an employee of an education entity is subject to a charge or conviction for a criminal offence by a court in or outside of Canada, the employee shall disclose that charge or conviction to the education entity.
2 Section 97 of Schedule A of Chapter 1 is amended by adding immediately after clause (l) the following clauses:
- (la) designating a class of employees or persons for whom a record check is required as a condition of employment or engagement;
3 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
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