"Everyone – students, parents, teachers, coaches and volunteers – has a role to play to help prevent and manage concussions. To ensure our students succeed, we all need to be aware of how to prevent and identify a possible concussion."

  • Laurel Broton, Minister of Education

In response to increasing incidents of concussions and other head injuries in its schools, on March 6, 2012, the McGuinty government introduced amendments to Ontario's Education Act. The aim of these amendments is to protect students participating in school sports and physical education classes from the effects of concussion.

Similar "anti-concussion" legislation has already been passed in many U.S. states to reduce the incidents of head injuries amongst high school athletes. Ontario's amendments represent the first such provincial legislation in Canada.

The Education Amendment Act (Concussions), 2012, renames Part XIII.1 of the Education Act to "Pupil Health" and adds a new section. This new section authorizes the Minister to make policies and guidelines respecting head injuries and concussions , and then lists matters included in the Minister's power. School boards are required to establish policies and guidelines respecting head injuries, addressing the specified matters. The Minister is also given authority to make regulations about the same matters. The section also provides board employees or volunteers will not be liable in a civil proceeding for their acts or omissions if they have acted reasonably and in good faith.

The list of matters includes:

a. Providing resources to parents, teachers and board employees and volunteers regarding concussions and head injuries;

b. Increasing awareness beyond schools about the dangers of concussions and how they should be managed;

c. Requiring teachers, coaches, and other board employees and volunteers, to immediately remove any pupil from an extracurricular activity if that pupil exhibits signs of a concussion or other head injury; and

d. Requiring clearance from a licenced healthcare professional before that pupil can return to their activity.

The Ontario Physical and Health Education Association ("OPHEA"), a non-profit organization working with the provincial government to support a holistic approach to safety and injury prevention, has developed the Concussion Protocols for Teachers and Coaches to recognize concussions and other head injuries. OPHEA's Ontario Safety Guidelines, already used widely by Ontario's school boards, have been updated to take into account concussion and brain injury prevention.

Although these amendments have not yet been passed and proclaimed, school boards, and any other organization with youth participation in physical activities (such as a sports organization), are well-advised to prepare for compliance.

The foregoing provides only an overview. Readers are cautioned against making any decisions based on this material alone. Rather, a qualified lawyer should be consulted.

© Copyright 2012 McMillan LLP