HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 – Definitions

Definitions

1  In this Act:

"sexual violence" means any sexual act or act targeting a person's sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person's consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

"University" means any post-secondary education institution that falls under the governance of: The University Act, The College and Institute Act, The Private Career Training Institutions Act, The Royal Roads University Act, The Thompson Rivers University Act, The Canadian Pentecostal Seminary Act, The Carey Hall Act, The College of Applied Biology Act, The Christ for the Nations Bible College Act, The Columbia Bible College Act, The Life Bible College Act, The Mennonite Brethren Biblical Seminary Act, The Northwest Baptist Theological College Act, The Okanagan Bible College Act, The Pacific Coast University for Workplace Health Sciences Act, The Pacific Life Bible College Act, The Pacific Vocational Institute and British Columbia Institute of Technology Amalgamation Act, The Prince George College Act, The Regent College Act, The Sea to Sky University Act, The St. Andrew's Hall Act, The Seminary of Christ the King Act, The St. Mark's College Act, The Summit Pacific College Act, The Trinity Western University Act, The Vancouver Bible Institute Enabling Act, The Vancouver School of Theology Act, or The World Trade University Canada Establishment Act.

Part 2 – General

Application

2  This section applies to a university and a special purpose teaching university.

Sexual violence policy

3  Every university shall have a sexual violence policy that,

(a) addresses sexual violence involving students enrolled at the university;

(b) sets out the process for how the university will respond to and address incidents and complaints of sexual violence involving students enrolled at the university, and includes the elements specified in the regulations relating to the process;

(c) addresses any other topics and includes any other elements required by the regulations; and

(d) otherwise complies with the requirements set out in the regulations.

Student input

4  A university shall ensure that student input is considered, in accordance with any regulations, in the development of its sexual violence policy and every time the policy is reviewed or amended.

Review of sexual violence policy

5  Every university shall review its sexual violence policy at least once every three years and amend it as appropriate.

Implementation

6  Every university shall,

(a) implement its sexual violence policy in accordance with the regulations; and

(b) implement any other measure or do any other thing it is required to do under the regulations relating to sexual violence involving students enrolled at the university or special purpose teaching university.

Data collection

7  Every university shall collect from its students and other persons, and provide to the Minister, such data and other information relating to the following as may be requested by the Minister, in the manner and form directed by the Minister:

(a) the number of times supports, services and accommodation relating to sexual violence are requested and obtained by students enrolled at the university, and information about the supports, services and accommodation;

(b) any initiatives and programs established by the university or special purpose teaching university to promote awareness of the supports and services available to students;

(c) the number of incidents and complaints of sexual violence reported by students, and information about such incidents and complaints; and

(d) the implementation and effectiveness of the policy.

Personal Information

8  A university shall take reasonable steps to ensure that information provided to the Minister pursuant to section 7 does not disclose personal information within the meaning of section 26 of the Freedom of Information and Protection of Privacy Act.

Survey

9  (1) The Minister may conduct, or may direct a university to conduct or participate in, a survey of students and other persons as identified by the Minister, relating to the effectiveness of the university's sexual violence policy, to the incidence of sexual violence at the university and to any other matter mentioned in paragraphs (a) to (d) of section 7.

(2) A university that is directed by the Minister to conduct a survey shall disclose the results of the survey to the Minister.

Annual Report to Board of Governors

10  Every university shall provide its Board of Governors with an annual report setting out, in respect of the preceding year, the information described in paragraphs (a) and (b) of section 6.

Regulations

11  The Lieutenant Governor in Council may make regulations relating to sexual violence involving students enrolled at university, and governing sexual violence policies required under this section, and without limiting the generality of this power, may make regulations,

(a) governing processes that shall be followed and persons who shall be consulted in the development and approval of sexual violence policies, and in their review and amendment, and governing how student input shall be provided and considered in such development, review and amendment;

(b) governing topics that shall be addressed or elements that shall be included in sexual violence policies;

(c) governing the provision of training to faculty, staff, students and other persons about sexual violence policies;

(d) respecting the publication of sexual violence policies and the promotion of awareness of the policies;

(e) requiring that appropriate supports, services and accommodation relating to sexual violence be provided to students affected by sexual violence, and governing such supports, services and accommodation and their provision;

(f) establishing any penalties that Universities can face for failing to comply with specified aspects of this legislation;

(g) governing any other matter that the Lieutenant Governor in Council determines is necessary or advisable relating to sexual violence involving students, including,

(i) governing all matters relating to sexual violence policies and their implementation, and

(ii) governing other measures that colleges and universities shall implement, or other things that colleges and universities shall do, to address sexual violence involving students.

Commencement

12  This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Note

This Bill imposes various obligations on colleges and universities respecting sexual violence involving students.

Specifically, this Bill requires colleges and universities to have sexual violence policies that set out the process that will apply when incidents and complaints of sexual violence are reported, and that address any other matters required under the regulations. Regulations may also require colleges and universities to implement other measures addressing sexual violence involving students, and provide the government with the authority to levy penalties on universities who fail to comply to the legislation. Related regulation-making powers are added.