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BILL NO. 112

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

 

Government Bill

 

Education Act
(amended)

 

The Honourable Zach Churchill
Minister of Education and Early Childhood Development



First Reading: March 13, 2019

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 adds provisions to the Education Act with respect to record checks and in particular

(a) defines Child Abuse Register", criminal record check", record check" and vulnerable sector check";

(b) requires an education entity to inform employees, potential employees and other persons in positions that require record checks of the requirement for record checks;

(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;

(d) compels an education entity to collect criminal record checks as prescribed by the regulations;

(e) permits an education authority to

    (i) refuse to hire a person as a result of the person's record check,

    (ii) require an employee to provide a criminal record check as prescribed by the regulations, and

    (iii) require an employee to submit an annual declaration with respect to a conviction for a criminal offence; and

(f) requires an employee to disclose a charge or conviction for a criminal offence in or outside of Canada.

Clause 2 adds to the Minister of Education and Early Childhood Development's regulation-making powers with respect to

(a) designating a class of employees or persons for which providing a record check is a condition of employment or engagement;

(b) prescribing other types of record or background checks as a record check;

(c) prescribing the record checks that may be collected from a class of employees or persons;

(d) respecting the timelines, form and substance of a record check;

(e) respecting the collection of and authorization for a record check;

(f) exempting persons from the requirement for a record check and from the requirement to provide an annual declaration and placing conditions on such exemptions;

(g) respecting the requirement for an annual declaration;

(h) respecting the form, manner, content and collection of an annual declaration;

(i) defining criminal offence", direct contact", position of trust" and position of authority"; and

(j) respecting the requirement to disclose if an employee is subject to a charge or conviction for a criminal offence.

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:

RECORD CHECKS

    53A In Sections 53A to 53F and clauses 97(la) to (lj),

    (a) Child Abuse Register" means the Child Abuse Register established by the Minister of Community Services under the Children and Family Services Act;

    (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;

    (c) record check" includes a Child Abuse Register search, a criminal record check, a vulnerable sector check and such other checks as may be prescribed by the regulations;

    (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

    (a) a vulnerable sector check or authorization to conduct a vulnerable sector check;

    (b) a Child Abuse Register search; and

    (c) such other related record or background checks as prescribed by the regulations.

    (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.

    (3) An education entity may refuse to hire or engage a person based on information obtained pursuant to subsection (1) or (2).

    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.

    53E Where prescribed by the regulations, an education entity may require an employee to submit an annual declaration with respect to whether the employee has had a conviction for a criminal offence.

    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;

    (lb) prescribing a particular type of records or background check as a record check;

    (lc) prescribing the record checks that must be collected from a class of employees or persons;

    (ld) respecting requirements for a record check, including the period of validity, the time frame within which it must be completed, its frequency and its form and substance;

    (le) respecting the collection and authorization of a record check;

    (lf) exempting any persons or class of persons or circumstance from any of the requirements set out in Sections 53B to 53F or the regulations and respecting conditions for such an exemption;

    (lg) respecting the requirement for a class of employees or persons to provide an annual declaration;

    (lh) respecting the form, manner, content and collection of an annual declaration;

    (li) defining criminal offence", direct contact", position of trust" and position of authority";

    (lj) respecting the requirement for an employee to disclose to their employer if the employee is subject to a charge or conviction for a criminal offence.

3 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created March 13, 2019. Send comments to legc.office@novascotia.ca.