Consultation regarding proposed amendment to O. Reg. 415/06 (General) under the Private Career Colleges Act, 2005 related to sexual violence policies.
O. Reg. 415/06
Regulation - LGIC
Bill or Act:
Private Career Colleges Act, 2005
Summary of Decision:
The amendment to O. Reg. 415/06 under the Private Career Colleges Act, 2005 has been approved and was filed on September 16, 2021.
The amendment will come into effect on March 1, 2022.
Analysis of Regulatory Impact:
This regulatory amendment is expected to result in some administrative and compliance costs to private career colleges associated with updating their sexual violence policies, training and awareness materials to reflect the new requirements.
January 27, 2021
Summary of Proposal:
Ontario Regulation 415/06 supports the requirements outlined in Section 32.1 of the Private Career Colleges Act, 2005, setting out requirements respecting the content of sexual violence policies of private career colleges.
Subsection 36.0.2 of the Ontario Regulation 415/06 establishes a common standard and minimum requirement for private career college sexual violence policies, while also providing private career colleges with the flexibility to meet the unique needs of their community (students, staff and faculty) and the physical layout of their campuses.
The Ministry of Colleges and Universities is proposing that the following two requirements be added to the regulation, that, if approved, would be reflected in private career college sexual violence policies:
- A complainant acting in good faith, who discloses or reports sexual violence,
would not be subject to actions for violations of the institution's policies related
to drug and alcohol use at the time the alleged sexual violence took place.
- During the institution's investigative process, students who share their
experience of sexual violence through disclosing, accessing support, and/or
reporting to the institution, would not be asked irrelevant questions by the
institution's staff or investigators. Examples of such irrelevant questions would
include those relating to past sexual history or sexual expression.
The proposed inclusion of these new requirements is intended to strengthen private career college sexual violence policies and to help ensure that the institutions respond appropriately to students affected by sexual violence.
Private Career Colleges Branch
77 Wellesley Street West
Toronto ON M7A 1N3
March 1, 2022