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BRITISH COLUMBIA (link to legislation)ALBERTASASKATCHEWANMANITOBA (link to legislation)ONTARIO (link to legislation)QUÉBEC (link to act)PRINCE EDWARD ISLAND (link to legislation)YUKON (link to legislation)NEW BRUNSWICKNOVA SCOTIANEWFOUNDLANDNORTHWEST TERRITORIESNUANVUT
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Covers all publicly funded post-secondary institutionsYes
Definitions
"post-secondary institution" means an institution established or continued under one of the following Acts:
(a) the College and Institute Act;
(b) the Royal Roads University Act;
(c) the Thompson Rivers University Act;
(d) the University Act;		No act or legal framework, but here is an interesing link to a public guidelineNo provincial act or legal frameworkYes,
Article 2.2(2)
This section applies to the following institutions:
(a) a university and a college;
(b) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act;
(c) an institution that is authorized to grant a degree under The Degree Granting Act.		Yes, all public colleges need to have a policy following the Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19.

Article 17(2) This section applies to every college of applied arts and technology and to every university that receives regular and ongoing operating funds from the government for the purposes of post-secondary education.		Yes, article 2Yes, see s. 2(1), specifically s. 2(1)(d); s. 3(7)(f).Yes, as Yukon University is the only publicly-funded PSI in Yukon.No public policy or legal framework, but general information at this linkNo provincial act or legal framework
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Requires post-secondary institution(s) to develop separate stand alone sexual violence policy for studentsYesYesYes

Yes, article 3The act does not specify whether the policy must be separate and distinct from existing non-academic misconduct policies.Per s. 23(2), there is no strict requirement that the policy stand alone.
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Requires that sexual violence policies include staff and/or that post-secondary institutions develop separate sexual violence policies for staffNot specificallyNoNoSome elements

Article 3 (2) The policy must also include a code of conduct specifying the rules that a person who is in a teaching relationship with, or relationship of authority over, a student must comply with if the person has an intimate relationship, such as an amorous or sexual relationship, with the student.
NoNo
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Legislation includes definition of sexual violence or sexual misconductYes,

"sexual misconduct" includes the following:
(a) sexual assault;
(b) sexual exploitation;
(c) sexual harassment;
(d) stalking;
(e) indecent exposure;
(f) voyeurism;
(g) the distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video without the consent of the person in the photograph or video and with the intent to distress the person in the photograph or video;
(h) the attempt to commit an act of sexual misconduct;
(i) the threat to commit an act of sexual misconduct;		Yes,

Article 2.2 (1)

"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. (« acte de violence à caractère sexuel » ou « violence à caractère sexuel »)		Yes

17. (1) In this section,
“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.		Yes

Article 1

(2) In this Act, the concept of sexual violence refers to any form of violence committed through sexual practices or by targeting sexuality, including sexual assault.

(3) It also refers to any other misconduct, including that relating to sexual and gender diversity, in such forms as unwanted direct or indirect gestures, comments, behaviours or attitudes with sexual connotations, including by technological means.		YesYes, see s. 23(1).
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Definition includes online behaviours/activitiesYesNot specificallyNot specificallyYes, article 1 (3).Yes, see s. 3(1)(b)Yes, see s. 23(2)(a).
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Policies must specifically include off-campus actions/behavioursNot specificallyNot specificallyNot specificallyNot specificallyNoNo, there is no specification of this nature.
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Policies must specify response protocols for the institution when a complaint/report is madeYes, article 2.

Requirement for policy
2 (1) A post-secondary institution must establish and implement a sexual misconduct policy that:
(b) sets out procedures for the following:
(i) making a complaint of sexual misconduct involving a student;
(ii) making a report of sexual misconduct involving a student;
(iii) responding to a complaint of sexual misconduct involving a student;
(iv) responding to a report of sexual misconduct involving a student		Yes,

Article 2.2(3) In accordance with this section, a board must adopt and implement a policy for its institution that

(c) includes provisions respecting the prevention and reporting of incidents of sexual violence;
(e) establishes complaint procedures and response protocols for incidents of sexual violence.		YesYesYes, see s. 3(1)(f).Yes, see s. 23(2)(e).
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Policies must specify timelines for reporting an incident to law enforcementNoNoNoYes, article 3 (1) 11. the response times for accommodation measures to be implemented under subparagraph 8, services to be offered under subparagraph 9 and actions to be taken under subparagraph 10, which may not exceed 7 days, and the time frame for processing complaints, which may not exceed 90 days.
NoNo
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Policies must include bystander interventionNot specificallyNoNoNoNoNot specifically indicated in Act.
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Policies must be made in consultation with studentsYesYes,

Article 2.2(4) In respect of an institution's sexual violence policy, the board must ensure that:
(a) the policy is
(i) developed in consultation with the students		Yes, 17(4) (4) A college or university described in subsection (2) 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.

Yes, article 7

7. The educational institution must establish a standing committee made up of students, officers and personnel members, among others, to develop and review the policy and make sure it is followed.
The standing committee must, in addition, implement a process to ensure that students, officers, personnel members and their respective associations and unions are consulted during the policy development or review process.		Yes, see s. 3(2).Not specifically indicated in Act.
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Mandatory evaluation/review of policiesYes, article 3. At least every 3 years OR if the Minister demands it.Yes, every 5 years.

Article 2.2(5) Within five years after a board adopts its policy under this section, and within each subsequent five-year period after that, the board must undertake a comprehensive review of the policy that includes consultations with students.		Yes, 17(5) (5) Every college or university described in subsection (2) shall review its sexual violence policy at least once every three years and amend it as appropriate.Yes, at least every 5 years (article 11)Yes, see s. 5(1).Not specifically indicated in Act.
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Evaluation/reviews of policy must be done in consultation with studentsYes, article 4: A post-secondary institution must consult with students and with prescribed persons or prescribed classes of persons, if any, when the post-secondary institution
(a) establishes its first sexual misconduct policy under section 2, and
(b) reviews its sexual misconduct policy under section 3 (1).		Yes, article 2.2(5) (...) that includes consultations with students.YesYesYes, see s. 3(2).Not specifically indicated in Act.
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Post-secondary institutions must release annual reports to publicYes, article 4: A post-secondary institution must consult with students and with prescribed persons or prescribed classes of persons, if any, when the post-secondary institution
(a) establishes its first sexual misconduct policy under section 2, and
(b) reviews its sexual misconduct policy under section 3 (1).		Yes and No. The activities and results must be made public. It is not specified that they have to be "reported" or "annual."

The Act specifies in Article 2.2 (4) that "In respect of an institution's sexual violence policy, the board must ensure that (...)

(c) the institution's activities under the policy and the results of those activities are reported to the public;"		NoNoNoNot specifically indicated in Act.
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Post-secondary institutions must provide annual reports to a governing bodyYes, article 6.NoYes, Annual report to board of governors
(7.1) Every college or university described in subsection (2) shall provide its board of governors with an annual report setting out, in respect of the preceding year, the information described in paragraphs 1, 2, 3 and 4 of subsection (7). 2016, c. 2, Sched. 3, s. 2 (1).		NoYes, see s. 7(e.1). Note that it is not specified whether reports are to be provided on an annual basis. It is simply stated that PSIs must provide reports to a governing body.Not specifically indicated in Act.
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Post-secondary institutions must provide annual reports to the MinisterNo NoYesYes, article 12NoNot specifically indicated in Act.
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Minister may require post-secondary institutions to conduct surveys to determine effectiveness of policiesYes, article 5 (1) The minister may direct a post-secondary institution to conduct a survey for the purpose of assessing the effectiveness of its sexual misconduct policy.NoYes,

(9) The Minister may conduct, or may direct a college or university described in subsection (2) to conduct or participate in, a survey of students and other persons as identified by the Minister, relating to the effectiveness of the college’s or university’s sexual violence policy, to the incidence of sexual violence at the college or university and to any other matter mentioned in paragraphs 1 to 4 of subsection (7). 2016, c. 2, Sched. 3, s. 1.

Same
(10) A college or university that is directed by the Minister to conduct a survey described in subsection (9) shall disclose the results of the survey to the Minister. 2016, c. 2, Sched. 3, s. 1.		NoNoNot specifically indicated in Act.
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To reference this document, please use the following citation:
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Tougas, S., Naushan, A., & Patel, D. (2021). Environmental Scan of Relevant GBV Policies and Law for Canadian Post-Secondary Institutions. Courage to Act: Addressing and Preventing Gender-Based Violence at Post-Secondary Institutions in Canada.
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