On October 27, 2022, the Ontario government tabled Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022. If passed, Bill 26 would amend the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to provide measures for postsecondary institutions to address faculty and staff sexual abuse towards students.
Bill 26 would add a new section to the Act titled “Sexual abuse by employees.” Sexual abuse, in relation to a student of an institution, is defined as:
(a) physical sexual relations with the student, touching of a sexual nature of the student, or behaviour or remarks of a sexual nature toward the student by an employee of the institution where,
(i) the act constitutes an offence under the Criminal Code (Canada),
(ii) the act infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation or advance, or
(iii) the act constitutes sexual abuse as defined in the institution’s employee sexual misconduct policy or contravenes the policy or any other policy, rule or other requirement of the institution respecting sexual relations between employees and students, or
(b) any conduct by an employee of the institution that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation...
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