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Bill 67, Racial Equity in the Education System Act, 2022

Lindo, Laura Mae

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Acts affected

Original

Bill 67 Original (PDF)

EXPLANATORY

NOTE

Various

Acts are amended with respect to racial equity. Here are some of the highlights.

number of amendments are made to the Education Act .

New subsection 10.1 (3) of the Act is amended to require the Minister to direct

a board to develop its anti-racism accountability report if in the opinion of

the Minister there is indication that the board’s new teacher induction program

does not include anti-racism and racial equity training. Subsection 170 (1) of

the Act is amended by adding anti-racism related responsibilities to the duties

of boards. New subsection 212 (1.1) provides for fines for persons who disrupt

or attempt to disrupt proceedings of a school or class through the use of

racist language or activities. New

section 277.28.1 provides that performance

appraisals shall include competencies related to a teacher’s anti-racism

awareness and efforts to promote racial equity. New subsection 301 (7.1.1)

requires the Minister to establish policies and guidelines with respect to

promoting racial equity in schools. New

section 303.4 requires boards to

establish and implement racial equity plans.

Amendments

to the Higher Education Quality Council of Ontario Act,

2005 include new subsections 2 (5.1) to (5.3) which provide that at

least one member of the Council shall be a person who has expertise in racial

equity in the post-education sector and that all members must have a proven

commitment to racial equity or take anti-racism training.

Section 6 of the Act

is amended to add racial equity-related requirements to the functions of the

Council.

The

Ministry of Training, Colleges and Universities Act

is amended to add a new

section 17.1 which sets out anti-racism and racial

equity requirements that apply to every college of applied arts and technology

and every university that receives ongoing operating funds from the government

for the purposes of post-secondary education.

Subsection

18 (1) of the Ontario College of Teachers Act, 1996

is amended by adding a requirement that a person successfully completes any

prescribed examinations and training in anti-racism in order to be issued a

certificate of qualification and registration. Amendments are also made to the

regulation-making authority of the Lieutenant Governor in Council.

Amendments

to the Ontario Colleges of Applied Arts and Technology

Act, 2002 include adding anti-racist education and training to the

education and training related activities a college may undertake in carrying

out its objects. New

section 5.1 sets out that each college or subsidiary of a

college shall develop and implement an anti-racism policy. Amendments are also

made to the Act to provide that at least one member of the board of governors

and one member of the board of directors of the Council shall have expertise in

racial equity in the post-education sector and that all members must have a

proven commitment to racial equity or take anti-racism training.

The

Anti-Racism Act, 2017 is amended to add “anti-Asian

racism” to the examples of types of systemic racism referred to in the Act.

Bill 67 2021

Act to amend various Acts with respect to racial equity

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Education

Act

Subsection 1 (1) of the Education Act is amended by

adding the following

definitions:

“anti-racism”

means the policy of opposing racism including anti-Indigenous racism,

anti-Black racism, anti-Asian racism, antisemitism and Islamophobia; (“lutte

contre le racisme”)

“racism”

means the use of socially constructed ideas of race to justify or support,

whether consciously or subconsciously, the notion that one race is superior to

another; (“racisme”)

Section 10.1 of the Act is amended by adding the following subsection:

Same,

anti-racism training

(3) If,

in the opinion of the Minister, a report submitted under subsection

(1) indicates that the board’s new teacher induction program does not include anti-racism

and racial equity training, as referred to in paragraph 3.1 of subsection 268

(2), the Minister shall inform the board of that fact and shall direct the

board to further develop its anti-racism accountability program and resubmit

the report within a time frame specified by the Minister.

(1) Subsection 169.1 (1) of the Act is amended by adding the

following clause:

(a.3) address

racism and promote racial equity;

(2) Subsection

169.1 (2.1) of the Act is amended by striking out “clauses (1) (a.1) and (a.2)”

and substituting “clauses (1) (a.1) to (a.3)”.

(3) Subsection

169.1 (3) of the Act is amended by striking out “allocation of resources” and

substituting “allocation of resources, including the allocation of resources to

address racism,”.

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

professional

development programs, anti-racism

7.3 establish

and provide annual professional development programs to educate teachers and

other staff of the board about promoting racial equity and developing the

necessary tools to address racism;

programs,

interventions and other supports, anti-racism

7.4 provide

programs, interventions or other supports for students, teachers and staff who

have been targeted by racism, witnessed incidents of racism or engaged in racist

behaviours, and the programs, interventions and other supports may be provided

by social workers, psychologists or other professionals who have training in

similar fields, as determined by the board;

anti-racism

protocol

7.5 establish

a protocol for recognizing, acknowledging, tracking, measuring, investigating

and responding to incidents of racism reported by students, teachers, staff,

parents or the school community;

Section 212 of the Act is amended by adding the following subsection:

Racist

disturbances

(1.1) Every

person who disrupts or attempts to disrupt the proceedings of a school or class

through the use of racist language or by engaging in racist activities is

guilty of an offence and on conviction is liable to a fine of not more than

$200.

Subsection 264 (1) of the Act is amended by adding the following clause:

anti-racism

(c.1) to

advance racial equity;

Subsection 265 (1) of the Act is amended by adding the following clause:

anti-racism

(b.1) to

advance racial equity;

Subsection 268 (2) of the Act is amended by adding the following paragraph:

3.1 Anti-racism

and racial equity training for new teachers.

Section 277.14 of the Act is amended by adding the following clause:

(a.1) to

ensure that pupils receive the benefit of an education system that is safe and

promotes respect and racial equity;

The Act is amended by adding the following section:

Anti-racism

competency

277.28.1 Despite anything in a

regulation made under this Act, a performance appraisal of a teacher shall

include competencies related to a teacher’s anti-racism awareness and the

teacher’s efforts to promote racial equity.

Section 287.2 of the Act is amended by adding the following clause:

(a.1) to

ensure that pupils receive the benefit of an education system that is safe and

promotes respect and racial equity;

Section 300.0.1 of the Act is amended by adding the following paragraph:

7. To

create schools in Ontario that promote racial equity.

(1) Subsection 301 (2) of the Act is amended by adding the following

paragraph:

8. To

promote racial equity and anti-racism and to prevent racism.

(2) Subclause

301 (6) (a) (

i) of the Act is amended by adding “racism,” after “bullying,”.

(3) Section

301 of the Act is amended by adding the following subsection:

Same,

promoting racial equity

(7.1.1) The

Minister shall establish policies and guidelines with respect to promoting

racial equity in schools, which must include policies and guidelines respecting,

(

a) training

for all teachers and other staff;

(

b) resources

to support pupils, teachers and staff who have been targeted by racism;

(

c) strategies

to support pupils, teachers and staff who witness incidents of racism;

(

d) resources

to support pupils, teachers and staff who have engaged in racist behaviours;

(

e) procedures

that allow pupils, teachers and staff to report incidents of racism safely and

in a way that minimizes the possibility of reprisal;

(

f) procedures

that allow parents and guardians and other persons to report incidents of racism;

(

g) the

use of disciplinary measures within the framework described in clause (6) (

a) in response to racism;

(

h) procedures

for responding appropriately and in a timely manner to racism; and

(

i) matters

to be addressed in prevention of racist behaviours and intervention plans

established by boards under

section 303.4.

(4) Subsection

301 (7.2) of the Act is amended by striking out “The Minister may establish” at

the beginning and substituting “The Minister shall establish”.

The Act is amended by adding the following section:

Board’s

racial equity plan

303.4

(1) Every

board shall establish a racial equity plan for the schools of the board and

require its schools to implement the plan.

Contents

of plan

(2) The

racial equity plan shall address any matter specified in the policies or

guidelines made under clause 301 (7.1.1) (i).

Consultation

(3) When

establishing the racial equity plan, a board shall solicit the views of the

pupils, teachers and staff of the board, the volunteers working in the schools,

the parents and guardians of the pupils, school councils and the public.

Communication

of plans, board

(4) A

board shall make its racial equity plan available to the public by posting it

on the board’s website or, if the board does not have a website, in another

manner that the board considers appropriate.

Same,

principal

(5) A

principal of a school shall make the board’s racial equity plan available to

the public by posting it on the school’s website or, if the school does not

have a website, in another manner that the principal considers appropriate.

Review

of plan

(6) A

board shall review its racial equity plan every three years and shall solicit

the views of those listed in subsection (3) in its review.

Subsection 306 (1) of the Act is amended by adding the following paragraph:

6.1 Engaging

in behaviours or using language that is racist.

Higher

Education Quality Council of Ontario Act, 2005

Section 1 of the Higher Education Quality Council of

Ontario Act, 2005 is amended by adding the following

definitions:

“anti-racism”

means the policy of opposing racism including anti-Indigenous racism,

anti-Black racism, anti-Asian racism, antisemitism and Islamophobia; (“lutte

contre le racisme”)

“racism”

means the use of socially constructed ideas of race to justify or support,

whether consciously or subconsciously, the notion that one race is superior to

another. (“racisme”)

Section 2 of the Act is amended by adding the following subsections:

Racial

equity representative

(5.1) At

least one member of the Council shall be a person who has expertise in racial

equity in the post-secondary education sector.

Commitment

to racial equity

(5.2) If

the Minister learns, upon conducting an investigation or otherwise, that a

member of the Council does not have a proven commitment to racial equity in the

post-secondary education sector, the Minister shall require that member to take

anti-racism training within the following six months.

Same

(5.3) The

anti-racism training referred to in subsection (5.2) shall be training

developed by experts in the anti-racism education community.

Section 5 of the Act is amended by adding the following subsection:

Anti-racism

object

(2) It

is also an object of the Council to assist the Minister in ensuring that the

post-secondary education sector promotes racial equity and works to combat

racism.

(1) Section 6 of the Act is amended by adding the following clauses:

(a.1) to

develop and implement a racial equity strategy for the post-secondary education

sector that includes anti-racism professional development opportunities for anyone

involved in the post-secondary education sector and any other prescribed

programs or information;

(a.2) to

evaluate the strategy referred to in clause (a.1), report to the Minister on

the results of the evaluation and make the report available to the public;

(2) Clause

6 (

c) of the Act is amended by adding the following subclause:

(i.1) on

racial equity in the post-secondary education sector,

Subsection 8 (3) of the Act is repealed and the following substituted:

Same

(3) The

Council shall include in the annual report,

(

a) data

collected within the post-secondary education sector that documents racism,

anti-racist initiatives and steps taken towards racial equity within that sector;

and

(

b) such

additional content in the annual report as the Minister may require.

Clauses 9 (1) (

c) and (

d) of the Act are repealed and the following substituted:

(

c) prescribing

objects, including racial equity objects, of the Council in addition to the

objects described in

section 5;

(

d) prescribing

functions, including racial equity functions, of the Council in addition to the

functions set out in

section 6;

Ministry

of Training, Colleges and Universities Act

The Ministry of Training, Colleges and Universities Act

is amended by adding the following section:

Anti-racism

Definitions

17.1

(1) In this

section,

“anti-racism”

means the policy of opposing racism including anti-Indigenous racism,

anti-Black racism, anti-Asian racism, antisemitism and Islamophobia; (“lutte

contre le racisme”)

“racism”

means the use of socially constructed ideas of race to justify or support,

whether consciously or subconsciously, the notion that one race is superior to

another. (“racisme”)

Application

(2) This

section applies to every college of applied arts and technology and to every

university that receives regular and ongoing operating funds from the

government for the purposes of post-secondary education.

Anti-racism

policy

(3) Every

college or university described in subsection (2) shall have an anti-racism policy

that,

(

a) addresses

racism involving students enrolled at or faculty or staff of the college or

university;

(

b) sets

out the process for how the college or university will respond to and address

incidents and complaints of racism involving students enrolled at or faculty or

staff of the college or university, and includes the elements specified in the

regulations relating to the process;

(

c) addresses

any other topics and includes any other elements required by the regulations;

and

(

d) otherwise

complies with the requirements set out in the regulations.

Student,

faculty and staff input

(4) A

college or university described in subsection (2) shall ensure that student,

faculty and staff input is incorporated, in accordance with any regulations, in

the development of its anti-racism policy and every time the policy is reviewed

or amended.

Review

(5) Every

college or university described in subsection (2) shall review its anti-racism policy

at least once every three years and amend it as appropriate.

Implementation

of policy and other measures

(6) Every

college or university described in subsection (2) shall,

(

a) implement

its anti-racism policy in accordance with the regulations; and

(

b) implement

any other measure or do any other thing it is required to do under the

regulations relating to racism involving students enrolled at or faculty or

staff of the college or university.

Information

for Minister

(7) Every

college or university described in subsection (2) shall collect from its

students, faculty, staff and other persons, and provide to the Minister, such

data and other information relating to the following as may be requested by the

Minister, in the manner and form directed by the Minister:

1. The

number of times supports, services, complaints, resolutions and accommodation

relating to racism are requested, made and obtained by students enrolled at or

faculty or staff of the college or university, and information about the

supports, services, complaints, resolutions and accommodation.

2. Any

anti-racism initiatives and programs established by the college or university

to promote awareness of the supports and services available to students,

faculty and staff.

3. The

number of incidents and complaints of racism reported by students, faculty and

staff and information about such incidents and complaints, including how the

incidents and complaints were addressed or resolved.

4. The

implementation and effectiveness of the policy.

Annual

report to board of governors

(8) Every

college or university described in subsection (2) shall provide its board of

governors with an annual report setting out, in respect of the preceding year,

the information described in paragraphs 1 to 4 of subsection (7).

Personal

information

(9) A

college or university shall take reasonable steps to ensure that information

provided to the Minister pursuant to subsection (7) or to its board of

governors pursuant to subsection (8) does not disclose personal information

within the meaning of

section 38 of the Freedom of

Information and Protection of Privacy Act .

Survey

(10) Every

three years, the Minister shall conduct or direct a college or university

described in subsection (2) to conduct or participate in, a survey of students,

faculty, staff and any other persons as identified by the Minister, relating to

the effectiveness of the college’s or university’s anti-racism policy, to the

incidence of racism at the college or university and to any other matter

mentioned in paragraphs 1 to 4 of subsection (7).

Same

(11) A

college or university that is directed by the Minister to conduct a survey

described in subsection (10) shall disclose the results of the survey to the

Minister and the public.

Regulations

(12) The

Lieutenant Governor in Council may make regulations relating to addressing racism,

anti-racism and racial equity involving students enrolled at or faculty or

staff of colleges and universities described in subsection (2), and governing anti-racism

policies required under this section, and without limiting the generality of

this power, may make regulations,

(

a) governing

processes that shall be followed and persons who shall be consulted in the

development and approval of anti-racism policies, and in their review and

amendment, and governing how student, faculty and staff input shall be provided

and considered in such development, review and amendment;

(

b) governing

topics that shall be addressed or elements that shall be included in anti-racism

policies;

(

c) governing

the provision of training to faculty, staff, students and other persons about anti-racism

policies;

(

d) respecting

the publication of anti-racism policies and the promotion of awareness of the

policies;

(

e) requiring

that appropriate supports, services and accommodation relating to racism be

provided to students, faculty and staff affected by racism, and governing such

supports, services and accommodation and their provision;

(

f) governing

any other matter that the Lieutenant Governor in Council determines is

necessary or advisable relating to racism involving students, including,

(

i) governing

all matters relating to anti-racism policies and their implementation, and

(ii) governing

other measures that colleges and universities shall implement, or other things

that colleges and universities shall do, to address racism involving students,

faculty and staff.

Ontario

College of Teachers Act, 1996

Subsection 18 (1) of the Ontario College of Teachers Act,

1996 is amended by striking out “and” at the end of clause (b), by

adding “and” at the end of clause (

c) and by adding the following clause:

(

d) successfully

completes any prescribed examinations and training in anti-racism that are

required for the issuance of the certificate.

Subsection 42 (1) of the Act is amended by adding the following clause:

(c.0.0.2) respecting

examinations and training that relate to anti-racism for the purposes of clause

18 (1) (d), including but not limited to the development, form, content, administration

and provision of such examinations and training, any exemptions from such

examinations and training and any other matters the Lieutenant Governor in

Council considers necessary or advisable in connection with the implementation

of such examinations and training;

Ontario Colleges of Applied Arts and Technology

Act, 2002

Section 1 of the Ontario Colleges of Applied Arts and

Technology Act, 2002 is amended by adding the following

definitions:

“anti-racism”

means the policy of opposing racism including anti-Indigenous racism,

anti-Black racism, anti-Asian racism, antisemitism and Islamophobia; (“lutte

contre le racisme”)

“racism”

means the use of socially constructed ideas of race to justify or support,

whether consciously or subconsciously, the notion that one race is superior to

another. (“racisme”)

Subsection 2 (3) of the Act is amended by striking out “and” at the end of

clause (e), by adding “and” at the end of clause (

f) and by adding the

following clause:

(

g) anti-racist

education and training.

Section 3 of the Act is amended by adding the following subsections:

Racial

equity representative

(2) At

least one member of the board shall be a person who has expertise in racial

equity in the education sector.

Commitment

to racial equity

(3) If

the Minister learns, upon conducting an investigation or otherwise, that a

member of the board does not have a proven commitment to racial equity in the education

sector, the Minister shall require that member to take anti-racism training

within the following six months.

Same

(4) The

anti-racism training referred to in subsection (3) shall be training developed

by experts in the anti-racism education community.

Subsection 5 (2) of the Act is amended by striking out “and” at the end of

clause (c), by adding “and” at the end of clause (

d) and by adding the

following clause:

(

e) complaints

of racism made against the college.

The Act is amended by adding the following section:

Anti-racism

policy

5.1

(1) Every

college or subsidiary of a college shall develop and implement an anti-racism

policy that aims at addressing racism at the college or subsidiary.

Same

(2) The

anti-racism policy shall be developed and reviewed with input from students,

faculty and staff of the college or subsidiary.

Review

(3) Every

three years, a college or subsidiary shall review its anti-racism policy and provide

a report on the effectiveness of the policy to the Minister.

Section 7.1 of the Act is amended by adding the following subsections:

Racial

equity representative

(10.1) At

least one member of the board of directors shall be a person who has expertise

in racial equity in the education sector.

Commitment

to racial equity

(10.2) If

the Minister learns, upon conducting an investigation or otherwise, that a

member of the board of directors does not have a proven commitment to racial

equity in the education sector, the Minister shall require that member to take

anti-racism training within the following six months.

Same

(10.3) The

anti-racism training referred to in subsection (10.2) shall be training

developed by experts in the anti-racism education community.

Subsection 8 (1) of the Act is amended by adding the following clause:

(

i) relating

to addressing racism, anti-racism and racial equity.

Anti-Racism

Act, 2017

The

Preamble to the Anti-Racism Act, 2017 is

amended by adding “anti-Asian racism” after “anti-Black racism”.

Subsection 1 (1) of the Act is amended by adding the following

definitions:

“anti-racism”

means the policy of opposing racism including anti-Indigenous racism,

anti-Black racism, anti-Asian racism, antisemitism and Islamophobia; (“lutte

contre le racisme”)

“racism”

means the use of socially constructed ideas of race to justify or support,

whether consciously or subconsciously, the notion that one race is superior to

another; (“racisme”)

Subsection 2 (4) of the Act is amended by adding “anti-Asian racism” after

“anti-Black racism”.

(1) Subsection 4 (3) of the Act is amended by striking out “Black

and Jewish” and substituting “Black, Asian and Jewish”.

(2) Subsection

4 (5) of the Act is amended by adding “anti-Asian racism” after “anti-Black racism”.

Subsection 5 (2) of the Act is amended by striking out “Black and Jewish” and

substituting “Black, Asian and Jewish”.

Subsection 6 (5) of the Act is amended by striking out “Lieutenant Governor in

Council” and substituting “Minister”.

Commencement

and

Short Title

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Racial Equity in the

Education System Act, 2021 .

Date Bill stage Event Outcome Committee

March 3, 2022

Second Reading

Ordered referred to Standing Committee

Standing Committee on Social Policy

March 3, 2022

Second Reading

Vote

Carried on division

March 2, 2022

Second Reading

Deferred vote

March 2, 2022

Second Reading

Debated

December 2, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

December 2, 2021

Committee

Second Reading

March 2, 2020

Ms. Laura Mae Lindo, Mr. Sam Oosterhoff, Ms. Marit Stiles, Ms. Goldie Ghamari, Ms. Suze Morrison, Mr. Billy Pang, Mr. Chris Glover, Mme Lucille Collard, Mr. Mike Schreiner, Mr. Tom Rakocevic

Vote deferred.

March 3, 2022

Carried on division. Referred to the Standing Committee on Social Policy.

Committee

Standing Committee on Social Policy

Third Reading

Royal Assent

Acts affected - Bill 67

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Anti-Racism Act, 2017

Education Act

Higher Education Quality Council of Ontario Act, 2005

Ministry of Training, Colleges and Universities Act

Ontario College of Teachers Act, 1996

Ontario Colleges of Applied Arts and Technology Act, 2002

Legislative Assembly of Ontario

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