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5th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 3

THE POST-SECONDARY SEXUAL VIOLENCE AND SEXUAL HARASSMENT POLICIES ACT (VARIOUS ACTS AMENDED)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

THE BRANDON UNIVERSITY ACT

C.C.S.M. c. B90 amended

1           The Brandon University Act is amended by adding the following after section 12:

Sexual violence and sexual harassment policy and procedures

12.1(1)     In accordance with this section, the board must adopt and implement a policy for the university that

(a) raises awareness of sexual violence and sexual harassment;

(b) includes provisions respecting the prevention and reporting of sexual violence and sexual harassment;

(c) addresses training on the issues of sexual violence and sexual harassment; and

(d) establishes complaint procedures and response protocols for sexual violence and sexual harassment.

Development and content of policy

12.1(2)     In respect of the university's sexual violence and sexual harassment policy, the board must ensure that

(a) the policy

(i) is developed in consultation with students, and

(ii) is easily accessible to students and others in the university community;

(b) students and others are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence and sexual harassment;

(c) the university's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the university's activities related to the policy comply with the regulations made under clause 12(b.1) of The Advanced Education Administration Act.

THE COLLEGES ACT

C.C.S.M. c. C150.1 amended

2           The Colleges Act is amended by adding the following after section 16:

Sexual violence and sexual harassment policy and procedures

16.1(1)     In accordance with this section, a board must adopt and implement a policy for the college that

(a) raises awareness of sexual violence and sexual harassment;

(b) includes provisions respecting the prevention and reporting of sexual violence and sexual harassment;

(c) addresses training on the issues of sexual violence and sexual harassment; and

(d) establishes complaint procedures and response protocols for sexual violence and sexual harassment.

Development and content of policy

16.1(2)     In respect of the college's sexual violence and sexual harassment policy, the board must ensure that

(a) the policy

(i) is developed in consultation with students, and

(ii) is easily accessible to students and others in the college community;

(b) students and others are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence and sexual harassment;

(c) the college's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the college's activities related to the policy comply with the regulations made under clause 12(b.1) of The Advanced Education Administration Act.

THE MENNONITE COLLEGE FEDERATION ACT

C.C.S.M. c. M105 amended

3           The Mennonite College Federation Act is amended by adding the following after section 10:

Sexual violence and sexual harassment policy and procedures

10.1(1)     In accordance with this section, the board must adopt and implement a policy for the corporation that

(a) raises awareness of sexual violence and sexual harassment;

(b) includes provisions respecting the prevention and reporting of sexual violence and sexual harassment;

(c) addresses training on the issues of sexual violence and sexual harassment; and

(d) establishes complaint procedures and response protocols for sexual violence and sexual harassment.

Development and content of policy

10.1(2)     In respect of the corporation's sexual violence and sexual harassment policy, the board must ensure that

(a) the policy

(i) is developed in consultation with students, and

(ii) is easily accessible to students and others in the corporation's education community;

(b) students and others are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence and sexual harassment;

(c) the corporation's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the corporation's activities related to the policy comply with the regulations made under clause 12(b.1) of The Advanced Education Administration Act.

Application

10.1(3)     For certainty, the board's powers and duties under this section apply despite any other provision of this Act.

THE RED RIVER COLLEGE ACT

C.C.S.M. c. R31 amended

4           The Red River College Act is amended by adding the following after section 12:

Sexual violence and sexual harassment policy and procedures

12.1(1)     In accordance with this section, the board must adopt and implement a policy for the college that

(a) raises awareness of sexual violence and sexual harassment;

(b) includes provisions respecting the prevention and reporting of sexual violence and sexual harassment;

(c) addresses training on the issues of sexual violence and sexual harassment; and

(d) establishes complaint procedures and response protocols for sexual violence and sexual harassment.

Development and content of policy

12.1(2)     In respect of the college's sexual violence and sexual harassment policy, the board must ensure that

(a) the policy

(i) is developed in consultation with students, and

(ii) is easily accessible to students and others in the college community;

(b) students and others are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence and sexual harassment;

(c) the college's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the college's activities related to the policy comply with the regulations made under clause 12(b.1) of The Advanced Education Administration Act.

THE MANITOBA INSTITUTE OF TRADES AND TECHNOLOGY ACT

C.C.S.M. c. T130 amended

5           The Manitoba Institute of Trades and Technology Act is amended by adding the following after section 7:

Sexual violence and sexual harassment policy and procedures

7.1(1)      In accordance with this section, the board must adopt and implement a policy for the Institute that

(a) raises awareness of sexual violence and sexual harassment;

(b) includes provisions respecting the prevention and reporting of sexual violence and sexual harassment;

(c) addresses training on the issues of sexual violence and sexual harassment; and

(d) establishes complaint procedures and response protocols for sexual violence and sexual harassment.

Development and content of policy

7.1(2)      In respect of the Institute's sexual violence and sexual harassment policy, the board must ensure that

(a) the policy

(i) is developed in consultation with students, and

(ii) is easily accessible to students and others who are part of the Institution ;

(b) students and others are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence and sexual harassment;

(c) the Institute's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the Institute's activities related to the policy comply with the regulations made under clause 12(b.1) of The Advanced Education Administration Act.

THE UNIVERSITÉ DE SAINT-BONIFACE ACT

C.C.S.M. c. U50 amended

6           The Université de Saint-Boniface Act is amended by adding the following after section 13:

Sexual violence and sexual harassment policy and procedures

13.1(1)     In accordance with this section, the board must adopt and implement a policy for the university that

(a) raises awareness of sexual violence and sexual harassment;

(b) includes provisions respecting the prevention and reporting of sexual violence and sexual harassment;

(c) addresses training on the issues of sexual violence and sexual harassment; and

(d) establishes complaint procedures and response protocols for sexual violence and sexual harassment.

Development and content of policy

13.1(2)     In respect of the university's sexual violence and sexual harassment policy, the board must ensure that

(a) the policy

(i) is developed in consultation with students, and

(ii) is easily accessible to students and others in the university community;

(b) students and others are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence and sexual harassment;

(c) the university's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the university's activities related to the policy comply with the regulations made under clause 12(b.1) of The Advanced Education Administration Act.

THE UNIVERSITY COLLEGE OF THE NORTH ACT

C.C.S.M. c. U55 amended

7           The University College of the North Act is amended by adding the following after section 12 and before the centred heading that follows it:

Sexual violence and sexual harassment policy and procedures

12.1(1)     In accordance with this section, the Governing Council must adopt and implement a policy for the university college that

(a) raises awareness of sexual violence and sexual harassment;

(b) includes provisions respecting the prevention and reporting of sexual violence and sexual harassment;

(c) addresses training on the issues of sexual violence and sexual harassment; and

(d) establishes complaint procedures and response protocols for sexual violence and sexual harassment.

Development and content of policy

12.1(2)     In respect of the university college's sexual violence and sexual harassment policy, the Governing Council must ensure that

(a) the policy

(i) is developed in consultation with students, and

(ii) is easily accessible to students and others who are part of the university college community;

(b) students and others are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence and sexual harassment;

(c) the university college's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the university college's activities related to the policy comply with the regulations made under clause 12(b.1) of The Advanced Education Administration Act.

THE UNIVERSITY OF MANITOBA ACT

C.C.S.M. c. U60 amended

8           The University of Manitoba Act is amended by adding the following after section 16:

Sexual violence and sexual harassment policy and procedures

16.1(1)     In accordance with this section, the board must adopt and implement a policy for the university that

(a) raises awareness of sexual violence and sexual harassment;

(b) includes provisions respecting the prevention and reporting of sexual violence and sexual harassment;

(c) addresses training on the issues of sexual violence and sexual harassment; and

(d) establishes complaint procedures and response protocols for sexual violence and sexual harassment.

Development and content of policy

16.1(2)     In respect of the university's sexual violence and sexual harassment policy, the board must ensure that

(a) the policy

(i) is developed in consultation with students, and

(ii) is easily accessible to students and others in the university community;

(b) students and others are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence and sexual harassment;

(c) the university's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the university's activities related to the policy comply with the regulations made under clause 12(b.1) of The Advanced Education Administration Act.

THE UNIVERSITY OF WINNIPEG ACT

C.C.S.M. c. U70 amended

9           The University of Winnipeg Act is amended by adding the following after section 12:

Sexual violence and sexual harassment policy and procedures

12.1(1)     In accordance with this section, the board must adopt and implement a policy for the university that

(a) raises awareness of sexual violence and sexual harassment;

(b) includes provisions respecting the prevention and reporting of sexual violence and sexual harassment;

(c) addresses training on the issues of sexual violence and sexual harassment; and

(d) establishes complaint procedures and response protocols for sexual violence and sexual harassment.

Development and content of policy

12.1(2)     In respect of the university's sexual violence and sexual harassment policy, the board must ensure that

(a) the policy

(i) is developed in consultation with students, and

(ii) is easily accessible to students and others in the university community;

(b) students and others are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence and sexual harassment;

(c) the university's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the university's activities related to the policy comply with the regulations made under clause 12(b.1) of The Advanced Education Administration Act.

THE ADVANCED EDUCATION ADMINISTRATION ACT

C.C.S.M. c. A6.3 amended

10(1)       The Advanced Education Administration Act is amended by this section.

10(2)       The following is adding after clause 12(b):

(b.1) in respect of a sexual violence and sexual harassment policy that must be adopted and implemented by an educational institution,

(i) prescribing a definition of sexual violence and sexual harassment for the purpose of the policy,

(ii) governing topics that must be addressed and content that must be included in the policy,

(iii) governing processes that must be followed and consultations that must be carried out in updating the policy, including when the policy must be updated, and

(iv) governing the form, manner and frequency in which the activities engaged in and the results achieved under the policy are to be reported to the public;

10(3)       The following is added after section 12:

Application

12.1        A regulation made under clause 12(b.1) applies to an educational institution that is required under an enactment to adopt and implement a sexual violence and sexual harassment policy.

Coming into force

11           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill ensures that post-secondary educational institutions have in place policies to counter sexual violence and sexual harassment. The policies are to raise awareness of sexual violence and sexual harassment, address prevention, reporting and training, and ensure that complaint procedures and response protocols are established. The policies are to be developed in consultation with students and must be made available to members of the campus community.

The Bill amends nine post-secondary education Acts; Acts respecting faith-based institutions are not affected.

Under The Advanced Education Act, the minister is able to regulate the reporting by educational institutions on the activities they have engaged in to counter sexual violence and sexual harassment and the results they have achieved. Content and the process for updating the policies may also be prescribed.