Bill 134, Zero Tolerance for Substance Abuse Act, 1997

Versions

Zero Tolerance for Substance Abuse Act, 1997

EXPLANATORY NOTE

The Bill amends various Acts.

Child and Family Services Act

Where a court has to make a determination whether a child is in need of protection, the Bill allows the court to order that the child and the person having charge of the child attend an informational meeting on substance abuse if it finds that the child has abused substances or has supplied substances to others for the purpose of abuse.

Education Act

A principal who finds a pupil in possession of tobacco, whether lighted or not, while in the school is required to suspend the pupil.

The Bill creates an offence for a pupil in a school who abuses substances or supplies substances to others for the purpose of abuse. A teacher who has reasonable and probable grounds to believe that a pupil has committed the offence is required to make a report to the principal. The principal is required to hold an informational meeting on substance abuse and to put a written note in the pupil's record unless satisfied that the offence did not occur. If an informational meeting has already been held for the pupil, the principal is required to send the report to the police instead of holding another meeting. The Bill creates offences for persons who do not perform the new obligations that the Bill imposes on them, including the obligation for the pupil, the parents or guardian and a teacher or social worker designated by the principal to attend the informational meeting.

Highway Traffic Act, Liquor Licence Act, Ontario Casino Corporation Act, 1993, Ontario Lottery Corporation Act

At present, a person is not entitled to apply for a driver's licence under the Highway Traffic Act until attaining the age of 16 years. A person is not entitled to consume or purchase liquor under the Liquor Licence Act or to play games of chance in a casino operated by the Ontario Casino Corporation under the Ontario Casino Corporation Act, 1993 until attaining the age of 19 years. Under the Ontario Lottery Corporation Act, no person is entitled to sell a lottery ticket to a person under 18 years of age and a person is not entitled to play a video lottery untilattaining the age of 19 years.

The Bill raises those ages by one year for a person who, based on conduct while a pupil at a school, has been convicted of failing to attend an informational meeting on substance abuse. The Bill raises those ages by two years for a person who has been convicted at least twice of abusing substances or supplying substances to others for the purpose of abuse while a pupil at a school.

In addition, if a person described in the preceding paragraph already has a driver's licence, it is suspended until the person attains the new age for qualifying for it.

Tobacco Control Act, 1994

The Bill creates an offence for a person who is less than 19 years old to be in possession of unlighted tobacco while in a school.

Bill 1341997

An Act to promote zero tolerance

for substance abuse by children

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Child and Family Services Act

1. The Child and Family Services Act is amended by adding the following section:

Information, substance abuse

57.1 (1) Even if the court finds that a child is not in need of protection, it may order that the child and the person having charge of the child, including a person with whom the child is placed or to whom the child is returned under an order under section 57, attend a meeting with a representative of an agency designated by the court if the court is satisfied that the child,

(a) is in a physically or mentally impaired state as a result of consuming or ingesting a substance in any way;

(b) is in possession of a substance for the purpose of consuming or ingesting it in any way that would impair the pupil's physical or mental state; or

(c) supplies a substance to another person for that person to consume or ingest in any way that would impair that person's physical or mental state.

Definition

(2) In this section,

"substance" means a substance, whether or not a restricted drug within the meaning of the Food and Drugs Act (Canada), that has an effect on a person's physical or mental functioning if consumed or ingested in any way and includes a drug or alcohol.

Agency

(3) The agency mentioned in subsection (1) shall be an agency that, in the court's opinion, is capable of fulfilling the requirement set out in subsection (4).

Meeting

(4) At the meeting mentioned in subsection (1), the representative of the agency designated by the court shall inform the other persons who are required to attend the meeting ofservices that are available in the community to provide information respecting the abuse of substances including,

(a) information respecting the dangers of abusing those substances; and

(b) information about recognizing, preventing and treating that abuse.

Education Act

2. (1) Section 23 of the Education Act, as amended by the Statutes of Ontario, 1993, chapter 11, section 12, is further amended by adding the following subsection:

Same, possession of tobacco

(1.01) A principal who finds a pupil in possession of tobacco, whether lighted or not, while in the school shall suspend the pupil.

(2) Subsection 23 (1.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 12, is repealed and the following substituted:

Period of suspension

(1.1) A suspension under subsection (1) or (1.01) shall be for a period fixed by the principal, not exceeding 20 school days or such shorter period as the board establishes as the maximum period for suspensions under subsection (1) or (1.01), as the case may be.

(3) Subsection 23 (1.2) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 11, section 12, is amended by striking out the portion before clause (a) and substituting the following:

(1.2) When a pupil is suspended under subsection (1) or (1.01), the principal shall,

. . . . .

(4) The Act is amended by adding the following section:

Substance abuse

212.1 (1) A pupil in a school is guilty of an offence if, when attending school, the pupil,

(a) is in a physically or mentally impaired state as a result of consuming or ingesting a substance in any way;

(b) is in possession of a substance for the purpose of consuming or ingesting it in any way that would impair the pupil's physical or mental state; or

(c) supplies a substance to another person for that person to consume or ingest in any way that would impair that person's physical or mental state.

Definition

(2) In subsection (1),

Penalty

(3) A pupil who is convicted of an offence under subsection (1) is liable to a fine of not more than $200.

Failure to report

(4) A teacher who contravenes clause 264 (1) (e.1) or a principal of a school who contravenes subsection 265.1 (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000.

Failure to attend meeting

(5) A person who is required to attend a meeting under section 265.1 and who does not do so without a reasonable excuse is guilty of an offence and on conviction is liable to a fine of,

(a) not more than $200, in the case of a pupil; or

(b) not more than $1,000, in the case of a person other than a pupil.

(5) Subsection 264 (1) of the Act is amended by adding the following clause:

(e.1) to report to the principal of the school all cases where the teacher has reasonable and probable grounds to believe that a pupil has contravened subsection 212.1 (1).

(6) Section 265 of the Act, as amended by the Statutes of Ontario, 1991, chapter 10, section 6, is further amended by adding the following clause:

(d.1) upon being notified that a pupil has transferred enrolment to a different school, to transfer therecord described in clause (d) in respect of the pupil to that school.

(7) The Act is amended by adding the following sections:

Information, substance abuse

265.1 (1) Subject to section 265.2, a principal of a school who receives a report from a teacher that the teacher has reasonable and probable grounds to believe that a pupil has contravened subsection 212.1 (1) shall hold a meeting under this section unless the principal is satisfied on reasonable grounds that the pupil has not contravened that subsection.

Record of meeting

(2) A principal who decides to hold a meeting under this section shall place a written note in the record mentioned in clause 265 (d) in respect of the pupil that the meeting will be held.

Time of meeting

(3) The principal shall hold the meeting as soon as practicable at a time that is reasonably convenient for the persons who are required to attend but in any event no later than a reasonable time after the end of the school year in which the principal received the report under subsection (1).

Persons attending

(4) The pupil, the pupil's guardian within the meaning of section 18, if any, the pupil's parents if the pupil has no such guardian and a teacher or social worker employed at the school whom the principal designates shall attend the meeting.

Notice of meeting

(5) The principal shall notify the persons required to attend the meeting by sending a written notice to them by personal delivery or by mail addressed to their last known address.

Contents of notice

(6) The notice shall state that,

(a) holding the meeting does not preclude the principal or the teacher who made the report mentioned in subsection (1) from notifying the police who may have a criminal charge laid against the pupil; and

(b) if the principal receives a report from a teacher under subsection (1) with respect to the pupil and there already is a note in the record mentioned in clause 265 (d) in respect of the pupil that a meeting has been held under this section, the principal is required to forward the report to the police, instead of holding a meeting under this section.

Information

(7) At the meeting the designated teacher or social worker, as the case may be, shall inform the other persons required to attend the meeting of services that are available from the board or elsewhere in the community to provide information respecting the abuse of substances within the meaning of section 212.1, including,

(a) information respecting the dangers of abusing those substances; and

(b) information about recognizing, preventing and treating that abuse.

Report of non-attendance

(8) The principal shall report to the police the name of all persons who are required to attend the meeting and who do not do so without a reasonable excuse.

Report to police

265.2 (1) A principal of a school who receives a report from a teacher that the teacher has reasonable and probable grounds to believe that a pupil has contravened subsection 212.1 (1) shall forward the report to the police, instead of holding a meeting under section 265.1, if there already is a note in the record mentioned in clause 265 (d) in respect of the pupil that a meeting has been held under that section.

Notice to pupil and parents

(2) A principal who forwards a report to the police under subsection (1) shall notify the pupil, the pupil's guardian within the meaning of section 18, if any, and the pupil's parents if the pupil has no such guardian by sending a written notice to them by personal delivery or by mail addressed to their last known address.

Highway Traffic Act

3. (1) Section 32 of the Highway Traffic Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 2 and 1996, chapter 20, section 3, is further amended by adding the following subsection:

Higher age in case of substance abuse

(14.1) Despite the regulations, an applicant for a driver's licence is not entitled to the licence if,

(a) the applicant is not at least 17 years of age and, on the basis of conduct while a pupil at a school, has been convicted of an offence under subsection 212.1 (5) of the Education Act; or

(b) the applicant is not at least 18 years of age and has been convicted at least twice of an offence under subsection 212.1 (1) of the Education Act.

(2) The Act is amended by adding the following section:

Suspension in case of substance abuse

41.1 The driver's licence of a person is suspended until the person reaches the age of,

(a) 17 years if the person, on the basis of conduct while a pupil at a school, has been convicted of an offence under subsection 212.1 (5) of the Education Act; or

(b) 18 years if the person has been convicted at least twice of an offence under subsection 212.1 (1) of the Education Act.

Liquor Licence Act

4. (1) Subsection 30 (1) of the Liquor Licence Act is repealed and the following substituted:

Sale to person under certain age

(1) No person shall knowingly sell or supply liquor to a person under 19 years of age or a person described in subsection (1.1).

Higher age in case of substance abuse

(1.1) This section also applies to,

(a) a person under 20 years of age who, on the basis of conduct while a pupil at a school, has been convicted of an offence under subsection 212.1 (5) of the Education Act; and

(b) a person under 21 years of age who has been convicted at least twice of an offence under subsection 212.1 (1) of the Education Act.

(2) Subsection 30 (2) of the Act is amended by adding at the end "or who appears to be a person described in subsection (1.1)".

(3) Subsection 30 (3) of the Act is amended by inserting "or a person described in subsection (1.1)" after "age" in the third line.

(4) Subsection 30 (4) of the Act is amended by inserting "or who appears to be a person described in subsection (1.1)" after "age" in the third line.

(5) Subsection 30 (5) of the Act is amended by inserting "at least" after "person" in the third line.

(6) Subsection 30 (7) of the Act is amended by adding at the end "or who appears to be a person described in subsection (1.1)".

(7) Subsection 30 (8) of the Act is amended by inserting "and no person described in subsection (1.1)" after "age" in the first line.

(8) Subsection 30 (9) of the Act is amended by inserting "at least" after "person" in the first and second lines.

(9) Subsection 30 (10) of the Act is repealed and the following substituted:

Entering premises

(10) No person under 19 years of age and no person who is described in subsection (1.1) shall enter or remain on premises in which the sale of liquor is authorized if the person knows that a condition of the licence or permit for the premises prohibits the entry of those persons.

(10) Clause 30 (13) (a) is amended by inserting "or a person described in subsection (1.1)" after "age" in the second line.

Ontario Casino Corporation Act, 1993

5. (1) Subsection 8 (3) of the Ontario Casino Corporation Act, 1993 is repealed and the following substituted:

Excluded individuals

(3) The Corporation shall not permit individuals to play games of chance at casinos if,

(a) they are under 19 years of age;

(b) they are under 20 years of age and, on the basis of conduct while pupils at a school, have been convicted of an offence under subsection 212.1 (5) of the Education Act; or

(c) they are under 21 years of age and have been convicted at least twice of an offence under subsection 212.1 (1) of the Education Act.

(2) Subsection 18 (1) of the Act is repealed and the following substituted:

Offences

(1) Every individual who plays a game of chance in a casino is guilty of an offence if,

(a) the individual is under 19 years of age;

(b) the individual is under 20 years of age and, on the basis of conduct while a pupil at a school, has been convicted of an offence under subsection 212.1 (5) of the Education Act; or

(c) the individual is under 21 years of age and has been convicted at least twice of an offence under subsection 212.1 (1) of the Education Act.

Ontario Lottery Corporation Act

6. (1) Subsection 8.1 (1) of the Ontario Lottery Corporation Act, as enacted by the Statutes of Ontario, 1992, chapter 29, section 1, is repealed and the following substituted:

Prohibited sales

(1) No person authorized to sell lottery tickets and no person acting on that person's behalf shall sell a lottery ticket to,

(a) a person who is under 18 years of age;

(b) a person under 19 years of age who, on the basis of conduct while a pupil at a school, has been convicted of an offence under subsection 212.1 (5) of the Education Act; or

(c) a person under 20 years of age who has been convicted at least twice of an offence under subsection 212.1 (1) of the Education Act.

No infringement of Human Rights Code

(1.1) Subsection (1) shall be deemed not to infringe the right of a person under section 1 of the Human Rights Code to equal treatment with respect to services, goods and facilities without discrimination because of age.

(2) Subsection 8.1 (2) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 26, section 6, is repealed and the following substituted:

Prohibition re video lottery terminals

(2) No person in control of premises where there are video lottery terminals and no person acting on that person's behalf shall,

(a) permit a person under 19 years of age or a person described in subsection (3.1) to have access to the gaming premises area where the video lottery terminals are located; or

(b) permit a person under 19 years of age or a person described in subsection (3.1) to play a video lottery.

(3) Subsection 8.1 (3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 26, section 6, is repealed and the following substituted:

Same

(3) No person under 19 years of age and no person described in subsection (3.1) shall,

(a) seek access to the gaming premises area where video lottery terminals are located; or

(b) play a video lottery.

Higher age in case of substance abuse

(3.1) Subsections (2) and (3) also apply to,

(a) a person under 20 years of age who, on the basis of conduct while a pupil at a school, has been convicted of an offence under subsection 212.1 (5) of the Education Act; and

(b) a person under 21 years of age who has been convicted at least twice of an offence under subsection 212.1 (1) of the Education Act.

Tobacco Control Act, 1994

7. Section 9 of the Tobacco Control Act, 1994 is amended by adding the following subsection:

Possession of tobacco

(5) No person who is less than 19 years old shall be in possession of unlighted tobacco while in a school within the meaning of the Education Act.

Commencement and Short Title

Commencement

8. This Act comes into force on the day it receives Royal Assent.

Short title

9. The short title of this Act is the Zero Tolerance for Substance Abuse Act, 1997.