hordruma/ontario_laws_and_regs huggingface dataset:
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Board’s bullying prevention and intervention plan
303.3 (1) Every board shall establish a bullying prevention and intervention plan for the schools of the board and require its schools to implement the plan.  2012, c. 5, s. 13. Contents of plan (2) The bullying prevention and intervention plan shall address any matter specified in the policies or guidelines made under clause 301 (7.1) (i).  2012, c. 5, s. 13. Consultation (3) When establishing the bullying prevention and intervention 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.  2012, c. 5, s. 13. Communication of plans, board (4) A board shall make its bullying prevention and intervention 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.  2012, c. 5, s. 13. Same, principal (5) A principal of a school shall make the board’s bullying prevention and intervention 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.  2012, c. 5, s. 13. Review of plan (6) A board shall periodically review its bullying prevention and intervention plan and shall solicit the views of those listed in subsection (3).  2012, c. 5, s. 13. Section Amendments with date in force (d/m/y) 2012, c. 5, s. 13
- 01/09/2012
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Opening and closing exercises at schools
304 (1) Every board shall ensure that opening or closing exercises are held in each school under the board’s jurisdiction, in accordance with the requirements set out in the regulations.  2000, c. 12, s. 3. Same (2) The opening or closing exercises must include the singing of O Canada and may include the recitation of a pledge of citizenship in the form set out in the regulations.  2000, c. 12, s. 3. Exceptions (3) A pupil is not required to participate in the opening or closing exercises in such circumstances as are prescribed by regulation.  2000, c. 12, s. 3. Section Amendments with date in force (d/m/y) 2000, c. 12, s. 3
- 01/09/2000
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Access to school premises
305 (1) The Minister may make regulations governing access to school premises, specifying classes of persons who are permitted to be on school premises and specifying the days and times at which different classes of persons are prohibited from being on school premises.  2000, c. 12, s. 3. Prohibition (2) No person shall enter or remain on school premises unless he or she is authorized by regulation to be there on that day or at that time.  2000, c. 12, s. 3. Same, board policy (3) A person shall not enter or remain on school premises if he or she is prohibited under a board policy from being there on that day or at that time.  2000, c. 12, s. 3. Direction to leave (4) The principal of a school may direct a person to leave the school premises if the principal believes that the person is prohibited by regulation or under a board policy from being there.  2000, c. 12, s. 3. Offence (5) Every person who contravenes subsection (2) is guilty of an offence.  2000, c. 12, s. 3. Section Amendments with date in force (d/m/y) 2000, c. 12, s. 3
- 01/09/2000 Suspension
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Activities leading to possible suspension
306 (1) Subject to a regulation made under clause 316 (1.1) (a), a principal shall consider whether to suspend a pupil if he or she believes that the pupil has engaged in any of the following activities while at school, at a school-related activity or in other circumstances where engaging in the activity will have an impact on the school climate: 1. Uttering a threat to inflict serious bodily harm on another person. 2. Possessing alcohol, illegal drugs or, unless the pupil is a medical cannabis user, cannabis. 3. Being under the influence of alcohol or, unless the pupil is a medical cannabis user, cannabis. 4. Swearing at a teacher or at another person in a position of authority. 5. Committing an act of vandalism that causes extensive damage to school property at the pupil’s school or to property located on the premises of the pupil’s school. 6. Bullying. 7. Any other activity that is an activity for which a principal may suspend a pupil under a policy of the board.  2007, c. 14, s. 4; 2017, c. 26, Sched. 1, s. 30 (3, 4); 2020, c. 18, Sched. 5, s. 8. Factors principal must consider (2) In considering whether to suspend a pupil for engaging in an activity described in subsection (1), a principal shall take into account any mitigating or other factors prescribed by the regulations.  2007, c. 14, s. 4. Suspension (3) If a principal decides to suspend a pupil for engaging in an activity described in subsection (1), the principal shall suspend the pupil from his or her school and from engaging in all school-related activities.  2007, c. 14, s. 4. Duration of suspension (4) A suspension under this section shall be for no less than one school day and no more than 20 school days and, in considering how long the suspension should be, a principal shall take into account any mitigating or other factors prescribed by the regulations.  2007, c. 14, s. 4. Assignment to program, etc. (5) When a principal suspends a pupil under this section, he or she shall assign the pupil to a program for suspended pupils in accordance with any policies or guidelines issued by the Minister.  2007, c. 14, s. 4. Policies and guidelines (6) The Minister may issue policies and guidelines to boards to assist principals in interpreting and administering this section.  2007, c. 14, s. 4. School-related activities (7) A pupil who is suspended is not considered to be engaged in school-related activities by virtue of participating in a program for suspended pupils.  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2000, c. 12, s. 3
- 01/09/2001 2007, c. 14, s. 4
- 01/02/2008 2017, c. 26, Sched. 1, s. 30 (3, 4) - 17/10/2018 2020, c. 18, Sched. 5, s. 8 - 21/07/2020
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Only one suspension per occurrence
307 A principal may not suspend a pupil under section 306 more than once for the same occurrence.  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2000, c. 12, s. 3
- 01/09/2001 2007, c. 14, s. 4
- 01/02/2008
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Notice of suspension
308 (1) A principal who suspends a pupil under section 306 shall, (a) inform the pupil’s teacher of the suspension; and (b) make all reasonable efforts to inform the pupil’s parent or guardian of the suspension within 24 hours of the suspension being imposed, unless, (i) the pupil is at least 18 years old, or (ii) the pupil is 16 or 17 years old and has withdrawn from parental control.  2007, c. 14, s. 4; 2021, c. 4, Sched. 11, s. 7 (1). Same (2) A principal who suspends a pupil under section 306 shall ensure that written notice of the suspension is given promptly to the following persons: 1. The pupil. 2. The pupil’s parent or guardian, unless, i. the pupil is at least 18 years old, or ii. the pupil is 16 or 17 years old and has withdrawn from parental control. 3. Such other persons as may be specified by board policy.  2007, c. 14, s. 4; 2021, c. 4, Sched. 11, s. 7 (1). Contents of notice (3) The notice under subsection (2) must include the following: 1. The reason for the suspension. 2. The duration of the suspension. 3. Information about any program for suspended pupils to which the pupil is assigned. 4. Information about the right to appeal the suspension under section 309, including, i. a copy of the board policies and guidelines governing the appeal established by the board under subsection 302 (6), and ii. the name and contact information of the supervisory officer to whom notice of the appeal must be given under subsection 309 (2).  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2000, c. 12, s. 3
- 01/09/2001 2007, c. 14, s. 4
- 01/02/2008 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Activities leading to suspension
310 (1) Subject to a regulation made under clause 316 (1.1) (a), a principal shall suspend a pupil if he or she believes that the pupil has engaged in any of the following activities while at school, at a school-related activity or in other circumstances where engaging in the activity will have an impact on the school climate: 1. Possessing a weapon, including possessing a firearm. 2. Using a weapon to cause or to threaten bodily harm to another person. 3. Committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner. 4. Committing sexual assault. 5. Trafficking in weapons or in illegal drugs. 6. Committing robbery. 7. Giving alcohol or cannabis to a minor. 7.1 Bullying, if, i. the pupil has previously been suspended for engaging in bullying, and ii. the pupil’s continuing presence in the school creates an unacceptable risk to the safety of another person. 7.2 Any activity listed in subsection 306 (1) that is motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, gender identity, gender expression, or any other similar factor. 8. Any other activity that, under a policy of a board, is an activity for which a principal must suspend a pupil and, therefore in accordance with this Part, conduct an investigation to determine whether to recommend to the board that the pupil be expelled.  2007, c. 14, s. 4; 2012, c. 5, s. 14; 2017, c. 26, Sched. 1, s. 30 (5); 2020, c. 18, Sched. 5, s. 9. Same (2) A pupil who is suspended under this section is suspended from his or her school and from engaging in all school-related activities.  2007, c. 14, s. 4. Duration of suspension (3) A principal may suspend a pupil under this section for up to 20 school days and, in considering how long the suspension should be, the principal shall take into account any mitigating or other factors prescribed by the regulations.  2007, c. 14, s. 4. Assignment to program, etc. (4) When a principal suspends a pupil under this section, he or she shall assign the pupil to a program for suspended pupils in accordance with any policies or guidelines issued by the Minister.  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2000, c. 12, s. 3
- 01/09/2001 2007, c. 14, s. 4
- 01/02/2008 2012, c. 5, s. 14
- 01/09/2012 2017, c. 26, Sched. 1, s. 30 (5) - 17/10/2018 2020, c. 18, Sched. 5, s. 9 - 21/07/2020
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Notice of suspension
311 (1) A principal who suspends a pupil under section 310 shall, (a) inform the pupil’s teacher of the suspension; and (b) make all reasonable efforts to inform the pupil’s parent or guardian of the suspension within 24 hours of the suspension being imposed, unless, (i) the pupil is at least 18 years old, or (ii) the pupil is 16 or 17 years old and has withdrawn from parental control.  2007, c. 14, s. 4; 2021, c. 4, Sched. 11, s. 7 (1). Same (2) A principal who suspends a pupil under section 310 shall ensure that written notice of the suspension is given promptly to the following persons: 1. The pupil. 2. The pupil’s parent or guardian, unless, i. the pupil is at least 18 years old, or ii. the pupil is 16 or 17 years old and has withdrawn from parental control. 3. Such other persons as may be specified by board policy.  2007, c. 14, s. 4; 2021, c. 4, Sched. 11, s. 7 (1). Contents of notice (3) The notice under subsection (2) must include the following: 1. The reason for the suspension. 2. The duration of the suspension. 3. Information about any program for suspended pupils to which the pupil is assigned. 4. Information about the investigation the principal will conduct under section 311.1 to determine whether to recommend that the pupil be expelled. 5. A statement indicating that, i. there is no immediate right to appeal the suspension, ii. if the principal does not recommend to the board that the pupil be expelled following the investigation under section 311.1, the suspension will become subject to appeal under section 311.2, and iii. if there is an expulsion hearing because the principal recommends to the board that the pupil be expelled, the suspension may be addressed by parties at the hearing.  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2000, c. 12, s. 3
- 01/09/2001 2007, c. 14, s. 4
– 01/02/2008 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Appeal of suspension
311.2 (1) If the principal does not recommend to the board that the pupil be expelled and does not withdraw the suspension, the suspension may be appealed and section 309 applies for that purpose, with necessary modifications, subject to the following: 1. A person who is entitled to appeal must give written notice of his or her intention to appeal within five school days of the date on which he or she is considered, in accordance with the rules set out in subsection 300 (3), to have received the notice given under subsection 311.1 (9). 2. If the principal confirmed the suspension but reduced its duration under subsection 311.1 (8), the appeal is from the reduced suspension and not the original suspension.  2007, c. 14, s. 4. Extension of time (2) The principal may extend the deadline mentioned in paragraph 1 of subsection (1) if the person requests an extension to accommodate his or her disability. 2016, c. 5, Sched. 8, s. 11. Section Amendments with date in force (d/m/y) 2007, c. 14, s. 4
- 01/02/2008 2016, c. 5, Sched. 8, s. 11 - 19/04/2016
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
If pupil not expelled
311.4 (1) If a board does not expel a pupil, the board shall, with respect to the suspension originally imposed under section 310, (a) confirm the suspension and the duration of the suspension; (b) confirm the suspension, but shorten its duration, even if the suspension that is under appeal has already been served, and order that the record of the suspension be amended accordingly; or (c) quash the suspension and order that the record of the suspension be expunged, even if the suspension that is under appeal has already been served.  2007, c. 14, s. 4. Factors board must consider (2) In determining which action to take under subsection (1), the board shall take into account, (a) any submissions made by the parties as to whether the suspension and its duration should be confirmed, the suspension should be confirmed but its duration reduced or the suspension should be withdrawn; (b) any mitigating or other factors prescribed by the regulations.  2007, c. 14, s. 4. Notice that pupil not expelled (3) After determining which action to take under subsection (1), the board shall give written notice containing the following to every person who was entitled to be a party to the expulsion hearing under subsection 311.3 (3): 1. A statement indicating that the pupil is not expelled. 2. A statement indicating whether the board has, under subsection (1), confirmed the suspension and its duration, confirmed the suspension but reduced its duration or withdrawn the suspension.  2007, c. 14, s. 4. Decision final (4) The decision of the board under subsection (1) is final.  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 14, s. 4
- 01/02/2008
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
If pupil expelled
311.5 If a board expels a pupil, the board shall assign the pupil to, (a) in the case of a pupil expelled from his or her school only, another school of the board; and (b) in the case of a pupil expelled from all schools of the board, a program for expelled pupils.  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 14, s. 4
- 01/02/2008
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Notice of expulsion
311.6 (1) A board that expels a pupil shall ensure that written notice of the expulsion is given promptly to, (a) all the parties to the expulsion hearing; and (b) the pupil, if the pupil was not a party to the expulsion hearing.  2007, c. 14, s. 4. Contents of notice (2) The notice under subsection (1) must include the following: 1. The reason for the expulsion. 2. A statement indicating whether the pupil is expelled from his or her school only or from all schools of the board. 3. Information about the school or program for expelled pupils to which the pupil is assigned. 4. Information about the right to appeal under section 311.7, including the steps that must be taken to appeal.  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 14, s. 4
- 01/02/2008
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Appeal of expulsion
311.7 (1) In this section, “designated tribunal” means a tribunal designated under the regulations to hear appeals of board decisions to expel pupils.  2007, c. 14, s. 4. Certain persons may appeal (2) The following persons may appeal a board’s decision to expel a pupil, whether the pupil is expelled from his or her school only or from all schools of the board, to the designated tribunal: 1. The pupil’s parent or guardian, unless, i. the pupil is at least 18 years old, or ii. the pupil is 16 or 17 years old and has withdrawn from parental control. 2. The pupil, if, i. the pupil is at least 18 years old, or ii. the pupil is 16 or 17 years old and has withdrawn from parental control. 3. Such other persons as may be specified by the designated tribunal.  2007, c. 14, s. 4; 2021, c. 4, Sched. 11, s. 7 (1). Hearing (3) The designated tribunal shall hear and determine an appeal under this section, and, for that purpose, it has the powers and duties set out in the regulations.  2007, c. 14, s. 4. Parties to appeal (4) The parties to the appeal are: 1. The board. 2. The pupil, if, i. the pupil is at least 18 years old, or ii. the pupil is 16 or 17 years old and has withdrawn from parental control. 3. The pupil’s parent or guardian, if the parent or guardian appealed the decision. 4. The person who appealed the decision to expel the pupil, if the decision was appealed by a person other than the pupil or the pupil’s parent or guardian.  2007, c. 14, s. 4. Decision final (5) The decision of the designated tribunal on an appeal under this section is final.  2007, c. 14, s. 4. Regulations (6) The Minister may make regulations, (a) designating a tribunal to hear appeals of board decisions to expel pupils; (b) prescribing the procedures to be followed on an appeal under this section; (c) prescribing the powers and duties of a designated tribunal under this section.  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 14, s. 4 - 01/02/2008 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Programs for suspended, expelled pupils
312 (1) Every board shall provide, in accordance with policies and guidelines issued by the Minister, if any,  (a) at least one program for suspended pupils; and (b) at least one program for expelled pupils.  2007, c. 14, s. 5 (1). Policies and guidelines (2) The Minister may establish policies and guidelines with respect to programs for suspended and expelled pupils and may, (a) impose different requirements on the provision of the programs for different circumstances, different locations or different classes of pupils; (b) set criteria respecting pupils’ eligibility to participate in the programs and respecting the criteria to be met for successful completion of the programs; (c) require boards to offer plans to assist pupils who have successfully completed a program for expelled pupils with their transition back to school and to set criteria respecting those plans; and (d) authorize boards, subject to such conditions and restrictions as the Minister imposes, to enter into agreements with other boards for the provision of the programs.  2007, c. 14, s. 5 (1). (3) Repealed:  2007, c. 14, s. 5 (1). Programs for expelled pupils (4) The Minister may establish one or more programs for expelled pupils to prepare the pupils to return to school and may require boards to give specified information about the programs to expelled pupils.  2000, c. 12, s. 3. Same (5) The Minister may establish policies and guidelines respecting pupils’ eligibility to participate in a program established by the Minister under subsection (4) and respecting the criteria to be met for successful completion of the program.  2000, c. 12, s. 3; 2007, c. 14, s. 5 (2). Section Amendments with date in force (d/m/y) 2000, c. 12, s. 3
- 01/09/2000 2007, c. 14, s. 5 (1, 2)
- 01/02/2008
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Status of expelled pupil
313 (1) An expelled pupil continues to be a pupil of the board that expelled him or her if the pupil attends a program for expelled pupils, (a) offered by that board; or (b) offered by another board under an agreement between that board and the board that expelled the pupil.  2007, c. 14, s. 6. Same (2) An expelled pupil ceases to be a pupil of the board that expelled him or her if, (a) the pupil is assigned by that board to a program for expelled pupils and does not attend the program; or (b) the pupil registers as a pupil of another board.  2007, c. 14, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 12, s. 3
- 01/09/2000 2006, c. 10, s. 50
- 01/06/2006 2007, c. 14, s. 6
- 01/02/2008
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Powers of other board
314 (1) If a pupil who has been expelled from one board registers as a pupil of another board, the other board may, (a) assign the pupil to a school of that board; or (b) assign the pupil to a program for expelled pupils, unless the pupil satisfies the requirements of clause 314.1 (1) (a) or (b) as determined by a person who provides a program for expelled pupils.  2007, c. 14, s. 6. Clarification (2) If the other board assigns the expelled pupil to a school without knowing that he or she has been expelled by another board, the board may subsequently remove the pupil from the school and assign him or her to a program for expelled pupils, subject to the following conditions: 1. The board must assign the pupil to a program for expelled pupils promptly on learning that he or she has been expelled from another board. 2. The board shall not assign the pupil to a program for expelled pupils if the pupil satisfies the requirements of clause 314.1 (1) (a) or (b) as determined by a person who provides a program for expelled pupils.  2007, c. 14, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 12, s. 3
- 01/09/2000 2006, c. 10, s. 50
- 01/06/2006 2007, c. 14, s. 6
- 01/02/2008
PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Return to school after expulsion
314.1 (1) A pupil who has been expelled from all schools of a board is entitled to be readmitted to a school of the board if the pupil has, since being expelled, (a) successfully completed a program for expelled pupils; or (b) satisfied the objectives required for the successful completion of a program for expelled pupils.  2007, c. 14, s. 6. Determination (2) The determination of whether an expelled pupil satisfies the requirements of clause (1) (a) or (b) is to be made by a person who provides a program for expelled pupils.  2007, c. 14, s. 6. Board must readmit pupil (3) An expelled pupil may apply in writing to a person designated by the board that expelled him or her to be readmitted to a school of that board and, if the pupil satisfies the requirements of clause (1) (a) or (b) as determined by a person who provides a program for expelled pupils, the board shall, (a) readmit the expelled pupil to a school of the board; and (b) promptly inform the pupil in writing of his or her readmittance.  2007, c. 14, s. 6. Section Amendments with date in force (d/m/y) 2007, c. 14, s. 6
- 01/02/2008