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2nd Session, 41st 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 37

THE CONCUSSION IN YOUTH SPORT ACT


Table of Contents 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:

Definitions

1           The following definitions apply in this Act.

"sport organization" means

(a) a provincial sport organization that receives funding from Sport Manitoba Inc.; or

(b) an organization prescribed in the regulations. (« organisation sportive »)

"youth athlete" means a person over 5 and under 18 years of age who participates in a youth sport activity. (« jeune athlète »)

"youth sport activity" means an athletic activity sanctioned by a sport organization in which

(a) a majority of the athletic participants are youth athletes; and

(b) the youth athletes participate

(i) as representatives of a team, club or entity in a competition or contest, or

(ii) in practice or preparation for such a competition or contest. (« activité sportive pratiquée par des jeunes »)

Return-to-play protocol

2           A sport organization must adopt a return-to-play protocol for its youth athletes who have sustained a concussion or are suspected of having sustained a concussion.

Elements

3           A return-to-play protocol for a youth sport activity must

(a) establish measures to ensure that information about concussions is provided to youth athletes and others participating in the activity in the form and manner and at the times specified by Sport Manitoba Inc.;

(b) establish the specific protocol to be implemented if a youth athlete is suspected of having sustained a concussion, including the manner for assessing whether the athlete has sustained a concussion;

(c) designate the youth athlete's head coach as the person who is responsible for ensuring that

(i) a youth athlete is immediately removed from any further youth sport activity if the athlete is suspected of having sustained a concussion,

(ii) the applicable sport organization is informed of the removal, and

(iii) once removed, the youth athlete is not permitted to resume the activity until the athlete has been medically cleared to do so; and

(d) set out the responsibilities of parents and guardians, and those associated with a youth athlete's team, club or entity, such as coaches, trainers and managers, if they suspect a youth athlete has sustained a concussion during a youth sport activity.

Information about concussions

4(1)        A return-to-play protocol must ensure that information about concussions includes the following:

(a) a definition of a concussion;

(b) a description of the symptoms of a concussion;

(c) details of the risks posed by a concussion;

(d) a description of the specific protocol to be followed and the actions to be taken if a youth athlete is suspected of having sustained a concussion;

(e) a description of the process to be followed before a youth athlete who has sustained a concussion will be permitted to resume a youth sport activity.

Providing of concussion information

4(2)        The measures for providing the information about concussions in a return-to-play protocol must ensure that

(a) the concussion information is provided to parents and guardians of youth athletes and those associated with a youth athlete's team, club or entity, including coaches, trainers and managers; and

(b) the recipients confirm in writing that they have reviewed the information provided before they — or, in the case of parents and guardians, their child — will be permitted to participate in the youth sport activity.

Medical clearance re returning to play

5(1)        A return-to-play protocol must provide that a youth athlete who is suspected of having sustained a concussion is medically cleared to resume a youth sport activity only if the athlete's head coach has been provided with a medical report that

(a) is signed and dated by a licensed physician, physician assistant, nurse practitioner or, subject to subsection (2), nurse;

(b) states that the person who signed the report has evaluated the athlete for the presence of a concussion and has cleared the athlete to resume participation in athletic activities; and

(c) meets any other requirements set out in the regulations.

If medical report is from a nurse

5(2)        If a nurse signed the report, the protocol must also require that the report include a statement that a licensed physician, physician assistant or nurse practitioner was not available to evaluate the youth athlete but was consulted in preparing the report.

Protocol to be submitted to Sport Manitoba Inc.

6(1)        A sport organization must submit its return-to-play protocol to Sport Manitoba Inc. in the form and manner and at the times specified by Sport Manitoba Inc.

Directions

6(2)        Sport Manitoba Inc. may direct that a sport organization make amendments to its protocol, and a sport organization must comply with such a direction in the time specified.

Regulations

7           The Lieutenant Governor in Council may make regulations

(a) for the purpose of the definition "sport organization" in section 1, prescribing organizations or classes of organizations to be sport organizations;

(b) respecting requirements for return-to-play protocols and medical reports;

(c) defining any word or expression used but not defined in this Act;

(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Related amendment, C.C.S.M. c. E10

8           The Education Administration Act is amended by adding the following after clause 4(1)(o.1):

(o.2) respecting the framework and required contents of a school board's return-to-play-and-learn protocol relating to concussions;

Related amendment, C.C.S.M. c. P250

9           The Public Schools Act is amended by adding the following after section 47.4 and before the centred heading that follows it:

CONCUSSIONS

Return-to-play-and-learn protocol

47.5(1)     Each school board must adopt a return-to-play-and-learn protocol for pupils who are suspected of sustaining a concussion when participating in school sports or other school activities.

Consistent with Concussion in Youth Sport Act

47.5(2)     A return-to-play-and-learn protocol must

(a) be generally consistent with the requirements for return-to-play protocols required under The Concussion in Youth Sport Act; and

(b) meet any requirements prescribed by regulation under The Education Administration Act.

C.C.S.M. reference

10          This Act may be referred to as chapter C169 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

11          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill requires provincial sport organizations to adopt a return-to-play protocol for youth athletes who have sustained a concussion or are suspected of having sustained a concussion. The protocol must ensure that concussion-related information is given to participants in youth sport activities in the manner specified by Sport Manitoba Inc. The protocol must also require a head coach who suspects that an athlete has sustained a concussion to remove the athlete from play until medically cleared to return. Other participants also have responsibilities under the protocol.

The Education Administration Act and The Public Schools Act are amended to require school boards to adopt return-to-play-and-learn protocols that are consistent with the return-to-play protocols required of provincial sport organizations.