The Public Schools Amendment Act (No Disclosure Without Consent)

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3rd Session, 41st Legislature

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Bill 224

THE PUBLIC SCHOOLS AMENDMENT ACT (NO DISCLOSURE WITHOUT CONSENT)

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:

C.C.S.M. c. P250 amended

The Public Schools Act is amended by this Act.

2(1)

Subsection 42.3(1) is amended, in the part before clause (a), by striking out "subsections (2) and (3)" and substituting "subsections (2) to (4)".

2(2)

The following is added after subsection 42.3(3):

Consent of pupil of any age

42.3(4)

The school board shall not, without the consent of the pupil to whom the information relates, disclose to a parent any information in a pupil file with respect to a pupil's involvement in or support of

(a) a gay-straight alliance; or

(b) any other activity or organization primarily focused on issues involving sexual orientation or gender identity.

Subsection 42.4(5) is replaced with the following:

No order for access to certain information

42.4(5)

The court shall not order a school board to give access to any part of the pupil file

(a) to which subsection 42.3(2) applies; or

(b) to which subsection 42.3(4) applies if the pupil to whom the information relates has not consented to the access.

4(1)

Subsection 47.1.1(2) is amended by adding "subsection (2.1) and" after "Subject to".

4(2)

The following is added after subsection 47.1.1(2):

No disclosure without consent in certain cases

47.1.1(2.1) The principal must not notify the pupil's parent or guardian under subsection (2) without the consent of the pupil if the unacceptable conduct relates to the pupil's

(a) perceived or actual sexual orientation or gender identity; or

(b) involvement in or support of

(i) a gay-straight alliance, or

(ii) any other activity or organization primarily focused on issues involving sexual orientation or gender identity.

Coming into force

This Act comes into force 90 days after the day it receives royal assent.

Explanatory Note

This Bill amends The Public Schools Act. A pupil involved in gay-straight alliance activities may withhold their consent to the disclosure of information about that involvement by the school board to their parent or guardian. The student may also withhold their consent to the disclosure in the case of bullying based on their sexual orientation or gender identity.