GENERAL, O. Reg. 161/19

JurisdictionOntario

Rowan’s Law (Concussion Safety), 2018

ONTARIO REGULATION 161/19

GENERAL

Consolidation Period: From January 1, 2022 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Interpretation

1. (1) In this Regulation,

“designated person” means, in respect of a sport organization, a person designated by the sport organization’s removal-from-sport protocol for the purposes of clause 4 (1) (b) of the Act or by its return-to-sport protocol for the purposes of clause 4 (2) (c) of the Act; (“personne désignée”)

“nurse practitioner” means a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991; (“infirmière praticienne ou infirmier praticien”)

“team trainer” means an individual who is assigned by a sport organization to respond to athlete injuries. (“soigneur de l’équipe”)

(2) For the purposes of the Act, a reference to a coach includes any type of coach, including a head coach or assistant coach.

Sport organizations

2. (1) Amateur competitive sport: For the purpose of the definition of “sport organization” in section 1 of the Act, an amateur competitive sport means a sport listed in the Schedule to this Regulation and, if applicable, includes the parasport version of the sport.

(2) Prescribed activities: Each of the following is a prescribed activity for the purpose of the definition of “sport organization” in section 1 of the Act:

1. Training athletes.

2. Conducting practices among athletes.

3. Organizing or holding one or more tournaments, contests or other competitions among athletes.

(3) Prescribed Criteria: For the purpose of the definition of “sport organization” in section 1 of the Act, the following prescribed criterion applies to a person or an entity other than a university, college of applied arts and technology or other post-secondary institution:

1. The organization has at least one individual under 26 years of age who participates in one or more of the activities prescribed by subsection (2) in relation to the amateur competitive sport.

(4) Exclusions: Despite subsection (2), an activity prescribed by that subsection does not include any of the following:

1. Activities focused primarily on the development of fundamental movement or sport skills and that are not focused on competition.

2. An activity where all of the following criteria are satisfied:

i. Individuals of various skills or experience or who are of various ages ordinarily practise or play together.

ii. The activity does not involve coaches or officials prescribed by paragraph 1 of subsection 3 (3).

iii. The composition of team members may change between games.

iv. The activity does not involve keeping track of an individual’s or a team’s standing between games or practices.

(5) Limitation: A sport organization is required to comply with the requirements that apply to a sport organization under the Act only in relation to its activities that satisfy all of the following requirements:

1. The activity is carried out in connection with an amateur competitive sport.

2. The activity is an activity prescribed by subsection (2).

3. The criterion set out in subsection (3) is met in respect of the activity.

(6) Special rule: A person or entity that is not a sport organization only because it has not satisfied the criteria set out in subsection (3) is not permitted to register an individual who is under 26 years of age unless, at the time of registration, the person or entity otherwise satisfies the requirements under the Act that would apply if the person or entity were a sport organization at the time of registration.

(7) For the purposes of the Act, a school or a private school as defined in the Education Act is not a sport organization.

Concussion awareness resources

3. (1) For the purpose of subsection 2 (1) of the Act, the prescribed age is 26.

(2) For the purpose of subsection 2 (2) of the Act, the following rules apply in circumstances where an individual under 26 years of age has registered with a sport organization in a calendar year and is not required to re-register in a subsequent calendar year to remain registered:

1. The sport organization must require the individual to give, in every subsequent calendar year, the sport organization confirmation that they have reviewed the concussion awareness resources on or before the anniversary of the date of the individual’s most recent registration.

2. The individual must have reviewed the concussion awareness resources within 12 months before the date in each year that they give the confirmation.

(3) For the purpose of subsection 2 (4) of the Act, the following are prescribed positions:

1. An official such as an umpire, a referee or a judge, but only if the official presides over the field of play.

2. A team trainer.

3. A designated person.

(4) For the purpose of subsection 2 (4) of the Act, a sport organization may permit an individual to serve as a coach or in another position set out in subsection (3) for the sport organization in a calendar year only if the individual has, in the calendar year, but before the first time they serve in that position in the year, given the sport organization confirmation that they have reviewed the concussion awareness resources within 12 months before the confirmation is given.

(5) In circumstances where an individual is serving as a coach or in another position set out in subsection (3) for a sport organization on the day subsection 2 (4) of the Act comes into force, the individual may, despite subsection (4) of this section, continue to serve in the position for the sport organization for the calendar year but must give the sport organization confirmation within 60 days after the day subsection 2 (4) of the Act comes into force that they have reviewed the concussion awareness resources within 12 months before the confirmation is given.

(6) Despite subsection 2 (4) of the Act, an...

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