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
The Brandon University Act is amended by adding the following after section 12:
Sexual violence and sexual harassment policy and procedures
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
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
The Colleges Act is amended by adding the following after section 16:
Sexual violence and sexual harassment policy and procedures
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
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
The Mennonite College Federation Act is amended by adding the following after section 10:
Sexual violence and sexual harassment policy and procedures
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
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.
For certainty, the board's powers and duties under this section apply despite any other provision of this Act.
THE RED RIVER COLLEGE ACT
The Red River College Act is amended by adding the following after section 12:
Sexual violence and sexual harassment policy and procedures
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
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
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
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
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
The Université de Saint-Boniface Act is amended by adding the following after section 13:
Sexual violence and sexual harassment policy and procedures
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
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
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
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
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
The University of Manitoba Act is amended by adding the following after section 16:
Sexual violence and sexual harassment policy and procedures
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
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
The University of Winnipeg Act is amended by adding the following after section 12:
Sexual violence and sexual harassment policy and procedures
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
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
The Advanced Education Administration Act is amended by this section.
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;
The following is added after section 12:
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.
This Act comes into force on the day it receives royal assent.