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A student who faces suspension should immediately obtain legal advice respecting the possibility of an immediate suspension appeal hearing. Rules for the conduct of a suspension appeal hearing vary from Board to board across Ontario. In general, the hearing must be conducted in accordance with the Statutory Powers Procedure Act. You or your counsel should demand full disclosure of the Board's case before commencement of the hearing.

The rules for expulsion hearings also vary from Board to Board. You should obtain legal advice well in advance of the hearing date. It is important that you know the case against you prior to the expulsion hearing. Your lawyer will meet in advance with the Board Administration and their lawyer to determine their full position. If you are eventually expelled it is important to have laid the groundwork before the expulsion for later readmission.

A student who is summoned by the Principal or Vice-Principal or police to answer questions concerning a disciplinary matter should realize that whatever the student says to such a person in authority may be used against the student in a suspension appeal or expulsion hearing. A student should consider asking a parent for help. A parent or a student may wish to obtain legal advice before answering any questions. It is of course the duty of the Principal or Vice-Principal to maintain discipline at the school, however, young persons are often at a disadvantage when they are interviewed by an adult. Comments the student makes may be misconstrued and used against the student.

Students or parents facing a truancy charge should also obtain legal advice.

Index:



        Excerpts  from  the Education Act, Revised  Statutes  of  Ontario

        


Section 30

       
 Liability of parent or guardian

30. 

30.  (1)  A parent or guardian of a person required to attend school under section 21 who neglects or refuses to cause that person to attend school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to a fine of not more than $200. 2006, c. 28, s. 7 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2006, chapter 28, subsection 7 (2) and the following substituted:

Offences: non-attendance

Liability of parent or guardian

(1)  A parent or guardian of a person required to attend school under section 21 who neglects or refuses to cause that person to attend school is, unless the person is at least 16 years old and has withdrawn from parental control, guilty of an offence and on conviction is liable to a fine of not more than $1,000. 2006, c. 28, s. 7 (2).

See: 2006, c. 28, ss. 7 (2), 14 (2).

Bond for attendance

(2)  The court may, in addition to or instead of imposing a fine, require a parent or guardian convicted of an offence under subsection (1) to submit to the Minister of Finance a personal bond, in a form prescribed by the court, in the penal sum of $200 with one or more sureties as required, conditioned that the parent or guardian shall cause the person to attend school as required under section 21 and, upon breach of the condition, the bond is forfeit to the Crown. 2006, c. 28, s. 7 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 28, subsection 7 (2) and the following substituted:

Bond for attendance

(2)  The court may, in addition to or instead of imposing a fine, require a parent or guardian convicted of an offence under subsection (1) to submit to the Minister of Finance a personal bond, in a form prescribed by the court, in the penal sum of $1,000 with one or more sureties as required, conditioned that the parent or guardian shall cause the person to attend school as required under section 21 and, upon breach of the condition, the bond is forfeit to the Crown. 2006, c. 28, s. 7 (2).

See: 2006, c. 28, ss. 7 (2), 14 (2).

Employment during school hours

(3)  Anyone who employs during school hours a person required to attend school under section 21 is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to a fine of not more than $200. 2006, c. 28, s. 7 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2006, chapter 28, subsection 7 (2) and the following substituted:

Employment during school hours

(3)  Subject to subsection (3.1), anyone who employs during school hours a person required to attend school under section 21 is guilty of an offence and on conviction is liable to a fine of not more than $1,000. 2006, c. 28, s. 7 (2).

Exception

(3.1)  Subsection (3) does not apply when the person required to attend school is employed during school hours as part of equivalent learning if the equivalent learning and the group, organization or entity providing it have been approved under paragraph 3.0.1 of subsection 8 (1). 2006, c. 28, s. 7 (2).

See: 2006, c. 28, ss. 7 (2), 14 (2).

Offences by corporations

(4)  Subsections (1) and (3) apply with necessary modifications to a corporation and, in addition, every director and officer of the corporation who authorizes, permits or acquiesces in the contravention is guilty of an offence and on conviction is liable to the same penalty as the corporation. R.S.O. 1990, c. E.2, s. 30 (4).

Habitually absent from school

(5)  A person who is required by law to attend school and who refuses to attend or who is habitually absent from school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to the penalties under Part VI of the Provincial Offences Act and subsection 266 (2) of this Act applies in any proceeding under this section. 2006, c. 28, s. 7 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2006, chapter 28, subsection 7 (4) and the following substituted:

Habitually absent from school

(5)  A person who is required to attend school under section 21 and who refuses to attend or is habitually absent is guilty of an offence and for that purpose the following apply:

1. Subsection 266 (2) of this Act applies in a proceeding under this subsection.

2. A proceeding under this subsection shall be conducted in accordance with Part VI of the Provincial Offences Act.

3. Every reference to ďsixteen yearsĒ in the definition of ďyoung personĒ in section 93 of the Provincial Offences Act shall be read as a reference to ď18 yearsĒ.

4. A court may, on convicting a person of an offence under this subsection, impose any penalty under Part VI of the Provincial Offences Act. 2006, c. 28, s. 7 (4).

Additional penalty: driverís licence suspension

(5.1)  In addition to any other penalty it imposes on convicting a person of an offence under subsection (5), a court may order that the personís driverís licence be suspended and for that purpose the following apply:

1. The order shall specify a date on which the suspension ends, which shall be no later than the date on which the person is no longer required to attend school under section 21.

2. Once the suspension ends, the person may apply for the reinstatement of his or her licence to the Registrar of Motor Vehicles appointed under the Highway Traffic Act. 2006, c. 28, s. 7 (4).

See: 2006, c. 28, ss. 7 (4), 14 (2).

Proceedings under subs. (5)

(6)  Proceedings in respect of offences under subsection (5) shall be proceeded with only in accordance with such subsection. R.S.O. 1990, c. E.2, s. 30 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 30 is amended by the Statutes of Ontario, 2006, chapter 28, subsection 7 (5) by adding the following subsection:

Same

(6.1)  No proceeding under subsection (5) shall be instituted against a person who has attained the age of 18 years. 2006, c. 28, s. 7 (5).

See: 2006, c. 28, ss. 7 (5), 14 (2).

Reference to provincial counsellor for inquiry

(7)  Where, in a proceeding under this section, it appears to the court that the person may have been excused from attendance at school under subsection 21 (2), the court may refer the matter to the Provincial School Attendance Counsellor who shall direct that an inquiry shall be made as provided in subsection 24 (2) which subsection shall apply with necessary modifications except that the Provincial School Attendance Counsellor shall, in lieu of making an order, submit a report to the court. R.S.O. 1990, c. E.2, s. 30 (7); 2006, c. 28, s. 7 (6).

Return to Education Act Index



Section 31 

     

31. 

31.  (1)  Prosecutions under section 30 shall be instituted by the school attendance counsellor concerned. R.S.O. 1990, c. E.2, s. 31 (1).

Certificate of principal as evidence

(2)  In prosecutions under section 30, a certificate as to the attendance or non-attendance at school of any child, signed or purporting to be signed by the principal of the school, is proof in the absence of evidence to the contrary of the facts stated therein without any proof of the signature or appointment of the principal. R.S.O. 1990, c. E.2, s. 31 (2); 1993, c. 27, Sched.

Proof of age

(3)  Where a person is charged under section 30 in respect of a child who is alleged to be of compulsory school age and the child appears to the court to be of compulsory school age, the child shall, for the purposes of such prosecution, be deemed to be of compulsory school age unless the contrary is proved. R.S.O. 1990, c. E.2, s. 31 (3).

Order re school attendance

(4)  An order made under subsection 24 (2) shall be admitted in evidence in a prosecution only where the prosecution is in respect of the school year for which the order was made. R.S.O. 1990, c. E.2, s. 31 (4).

Return to Education Act Index

 

Section 300

PART XIII
BEHAVIOUR, DISCIPLINE AND SAFETY

Definition

300. 

Interpretation

300.  (1)  In this Part,

ďschool premisesĒ means, with respect to a school, the school buildings and premises. 2000, c. 12, s. 3.

Same

(2)  In this Part, where reference is made to a regulation or to a matter prescribed by regulation, it means a regulation to be made by the Minister under this Part. 2000, c. 12, s. 3.

Receipt of notice

(3)  Where notice is given to a person under this Part, it shall be considered to have been received by the person in accordance with the following rules:

1. If the notice is sent by mail or another method in which an original document is sent, the notice shall be considered to have been received by the person to whom it was sent on the fifth school day after the day on which it was sent.

2. If the notice is sent by fax or another method of electronic transmission, the notice shall be considered to have been received by the person to whom it was sent on the first school day after the day on which it was sent. 2007, c. 14, s. 1.

Provincial code of conduct

301. 

Provincial code of conduct

301.  (1)  The Minister may establish a code of conduct governing the behaviour of all persons in schools. 2000, c. 12, s. 3.

Purposes

(2)  The following are the purposes of the code of conduct:

1. To ensure that all members of the school community, especially people in positions of authority, are treated with respect and dignity.

2. To promote responsible citizenship by encouraging appropriate participation in the civic life of the school community.

3. To maintain an environment where conflict and difference can be addressed in a manner characterized by respect and civility.

4. To encourage the use of non-violent means to resolve conflict.

5. To promote the safety of people in the schools.

6. To discourage the use of alcohol and illegal drugs.

7. To prevent bullying in schools. 2000, c. 12, s. 3; 2012, c. 5, s. 10 (1).

Notice

(3)  Every board shall take such steps as the Minister directs to bring the code of conduct to the attention of pupils, parents and guardians of pupils and others who may be present in schools under the jurisdiction of the board. 2000, c. 12, s. 3.

Agreements with third parties re use of schools

(3.1)  If a board enters into an agreement with another person or entity, other than a board, respecting the use of a school operated by the board, the board shall include in the agreement a requirement that the person or entity follow standards that are consistent with the code of conduct. 2012, c. 5, s. 10 (2).

Code is policy

(4)  The code of conduct is a policy of the Minister. 2000, c. 12, s. 3.

Policies and guidelines governing conduct

(5)  The Minister may establish additional policies and guidelines with respect to the conduct of persons in schools. 2000, c. 12, s. 3.

Same, governing delegation by principals

(5.1)  The Minister may establish policies and guidelines with respect to delegation by principals, under section 300.1, of their powers, duties or functions under this Part. 2009, c. 17, s. 2.

Same, reporting to principals

(5.2)  The Minister may establish policies and guidelines requiring individuals described in subsection (5.3) who become aware that a pupil of a school of a board may have engaged in an activity described in subsection 306 (1) or 310 (1) to report to the principal of the school about the matter, as soon as reasonably possible. 2009, c. 17, s. 2.

Same

(5.3)  The individuals referred to in subsection (5.2) are individuals who are not board employees who come into direct contact with pupils of a board on a regular basis in the normal course of,

(a) providing goods or services to the board;

(b) carrying out their employment functions as an employee of a person who provides goods or services to the board; or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by striking out ďorĒ at the end. See: 2011, c. 9, Sched. 10, ss. 13, 14 (2).

(c) providing services to a person who provides goods or services to the board. 2009, c. 17, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5.3) is amended by adding ďorĒ at the end of clause (c) and by adding the following clause:

(d) providing programs or services to pupils in a school of the board.

See: 2011, c. 9, Sched. 10, ss. 13, 14 (2).

Same

(5.4)  The Minister may establish policies and guidelines with respect to reporting to principals under section 300.2 or under a policy or guideline established under subsection (5.2). 2009, c. 17, s. 2.

Same, support to certain pupils

(5.5)  The Minister may establish policies and guidelines with respect to the support to be provided to a pupil when a principal does not notify a parent or guardian of the pupil because of the circumstances described in subsection 300.3 (3). 2009, c. 17, s. 2.

Same, governing responses by board employees

(5.6)  The Minister may establish policies and guidelines with respect to responses under section 300.4 by employees of a board, including but not limited to policies and guidelines with respect to the kinds of responses that are appropriate. 2009, c. 17, s. 2.

Same, governing discipline

(6)  The Minister shall establish policies and guidelines with respect to disciplining pupils, which must include policies and guidelines respecting,

(a) the use of disciplinary measures within a framework that,

(i) identifies pupil behaviours that are inappropriate and that, without excluding less serious behaviour, include bullying, sexual assault, gender-based violence and incidents based on homophobia, transphobia or biphobia,

(ii) provides for appropriate consequences for pupils who engage in inappropriate behaviour,

(iii) provides for progressively more serious consequences for repeated or more serious inappropriate behaviour,

(iv) provides support for pupils who are impacted by inappropriate behaviour, and for pupils who engage in inappropriate behaviour, to assist them in developing healthy relationships, making good choices, continuing their learning and achieving success,

(v) provides for prevention strategies, and

(vi) provides for early and ongoing intervention strategies;

(b) opportunities for all pupils, their parents and guardians, and all teachers and other staff members in a school to increase their understanding and awareness of inappropriate pupil behaviour;

(c) opportunities for all teachers and other staff members in a school to increase their ability to respond to inappropriate pupil behaviour;

(d) training for all teachers and other staff;

(e) procedures for responding appropriately and in a timely manner to inappropriate behaviour;

(f) resources to support pupils who are impacted by inappropriate behaviour;

(g) resources to support pupils who have engaged in inappropriate behaviour;

(h) a process that parents or guardians of pupils described in clause (f) or (g) can follow if they have concerns about the support provided to their child. 2012, c. 5, s. 10 (3).

Same, procedural matters

(6.1)  The Minister may establish policies and guidelines with respect to,

(a) appeals of a decision to suspend a pupil;

(b) principalsí investigations to determine whether to recommend that a pupil be expelled; and

(c) expulsion hearings. 2007, c. 14, s. 2.

Same, promoting safety

(7)  The Minister may establish policies and guidelines to promote the safety of pupils. 2000, c. 12, s. 3.

Same, bullying

(7.1)  The Minister shall establish policies and guidelines with respect to bullying prevention and intervention in schools, which must include policies and guidelines respecting,

(a) training for all teachers and other staff;

(b) resources to support pupils who have been bullied;

(c) strategies to support pupils who witness incidents of bullying;

(d) resources to support pupils who have engaged in bullying;

(e) procedures that allow pupils to report incidents of bullying safely and in a way that minimizes the possibility of reprisal;

(f) procedures that allow parents and guardians and other persons to report incidents of bullying;

(g) the use of disciplinary measures within the framework described in clause (6) (a) in response to bullying;

(h) procedures for responding appropriately and in a timely manner to bullying;

(i) matters to be addressed in bullying prevention and intervention plans established by boards under section 303.3. 2012, c. 5, s. 10 (4).

Same, collection of information

(7.2)  The Minister may establish policies and guidelines requiring boards to collect specified information relating to behaviour, discipline and safety in schools. 2012, c. 5, s. 10 (4).

Same, s. 314.5 reports

(7.3)  The Minister may establish policies and guidelines with respect to the reports required under subsection 314.5 (1), including policies and guidelines respecting the form and content of the reports and the times at which they must be submitted. 2012, c. 5, s. 10 (4).

Different policies, etc.

(8)  The Minister may establish different policies and guidelines under this section for different circumstances, for different locations and for different classes of persons. 2000, c. 12, s. 3.

Duty of boards

(9)  The Minister may require boards to comply with policies and guidelines established under this section. 2000, c. 12, s. 3.

Not regulations

(10)  Policies and guidelines established under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2000, c. 12, s. 3; 2006, c. 21, Sched. F, s. 136 (1).

Approval and changes, board policies and guidelines

(11)  The Minister may require boards to submit any policy or guideline established under section 302 to the Minister and to implement changes to the policy or guideline as directed by the Minister. 2012, c. 5, s. 10 (4).

Board's policies and guidelines governing conduct

302. 

302.  (0.1)  Every board shall establish policies and guidelines with respect to delegation by principals, under section 300.1, of their powers, duties or functions under this Part and the policies and guidelines must be consistent with the policies and guidelines established by the Minister under section 301, and must address such matters and include such requirements as the Minister may specify. 2009, c. 17, s. 3 (1).

Boardís policies and guidelines governing conduct

(1)  Every board shall establish policies and guidelines with respect to the conduct of persons in schools within the boardís jurisdiction and the policies and guidelines must address such matters and include such requirements as the Minister may specify. 2000, c. 12, s. 3.

Same, governing discipline

(2)  Every board shall establish policies and guidelines with respect to disciplining pupils, and the policies and guidelines must,

(a) be consistent with this Part and with those established by the Minister under section 301;

(b) address every matter described in clauses 301 (6) (a) to (h); and

(c) address any other matter and include any other requirement that the Minister may specify. 2012, c. 5, s. 11 (1).

Same, promoting safety

(3)  If required to do so by the Minister, a board shall establish policies and guidelines to promote the safety of pupils, and the policies and guidelines must be consistent with those established by the Minister under section 301 and must address such matters and include such requirements as the Minister may specify. 2000, c. 12, s. 3.

Same, reporting to principals

(3.1)  If required to do so by the Minister, a board shall establish policies and guidelines with respect to reporting to principals under section 300.2 or under a policy or guideline established under subsection 301 (5.2), and the policies and guidelines must be consistent with those established by the Minister under section 301 and must address such matters and include such requirements as the Minister may specify. 2009, c. 17, s. 3 (2).

Same, support to certain pupils

(3.2)  If required to do so by the Minister, a board shall establish policies and guidelines with respect to the support to be provided to a pupil when a principal does not notify a parent or guardian of the pupil because of the circumstances described in subsection 300.3 (3), and the policies and guidelines must be consistent with those established by the Minister under section 301 and must address such matters and include such requirements as the Minister may specify. 2009, c. 17, s. 3 (2).

Same, governing responses by board employees

(3.3)  If required to do so by the Minister, a board shall establish policies and guidelines with respect to responses under section 300.4 by employees of a board, including but not limited to policies and guidelines with respect to the kinds of responses that are appropriate, and the policies and guidelines must be consistent with those established by the Minister under section 301, and must address such matters and include such requirements as the Minister may specify. 2009, c. 17, s. 3 (2).

Same, governing bullying

(3.4)  Every board shall establish policies and guidelines with respect to bullying prevention and intervention in schools, and the policies and guidelines must,

(a) be consistent with those established by the Minister under section 301;

(b) address every matter described in clauses 301 (7.1) (a) to (h); and

(c) address any other matter and include any other requirement that the Minister may specify. 2012, c. 5, s. 11 (2).

Same, governing access to school premises

(4)  A board may establish policies and guidelines governing access to school premises, and the policies and guidelines must be consistent with the regulations made under section 305 and must address such matters and include such requirements as the Minister may specify. 2000, c. 12, s. 3.

Same, governing appropriate dress

(5)  If required to do so by the Minister, a board shall establish policies and guidelines respecting appropriate dress for pupils in schools within the boardís jurisdiction, and the policies and guidelines must address such matters and include such requirements as the Minister may specify. 2000, c. 12, s. 3.

Same, procedural matters

(6)  A board shall establish policies and guidelines governing,

(a) appeals of a decision to suspend a pupil;

(b) principalsí investigations to determine whether to recommend that a pupil be expelled; and

(c) expulsion hearings. 2007, c. 14, s. 3 (1).

Same

(6.1)  If the Minister has established policies and guidelines under subsection 301 (6.1), a boardís policies and guidelines under subsection (6) must address such matters and include such requirements as specified by the Minister. 2007, c. 14, s. 3 (1).

Different policies, etc.

(7)  A board may establish different policies and guidelines under this section for different circumstances, for different locations and for different classes of persons. 2000, c. 12, s. 3.

Role of school councils

(8)  When establishing policies and guidelines under this section, a board shall consider the views of school councils with respect to the contents of the policies and guidelines. 2000, c. 12, s. 3.

Periodic review

(9)  The board shall periodically review its policies and guidelines established under this section and shall solicit the views of pupils, teachers, staff, volunteers working in the schools, parents and guardians, school councils and the public. 2000, c. 12, s. 3.

Communication of policies

(9.1)  A board shall ensure that a copy of the policies and guidelines it establishes under subsections (1) and (2) are available to the public. 2007, c. 14, s. 3 (2).

Not regulations

(10)  Policies and guidelines established under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2000, c. 12, s. 3; 2006, c. 21, Sched. F, s. 136 (1).

Local codes of conduct

303. 

303.  (1)  A board may direct the principal of a school to establish a local code of conduct governing the behaviour of all persons in the school, and the local code must be consistent with the provincial code established under subsection 301 (1) and must address such matters and include such requirements as the board may specify. 2000, c. 12, s. 3.

Same, mandatory

(2)  A board shall direct a principal to establish a local code of conduct if the board is required to do so by the Minister, and the local code must address such matters and include such requirements as the Minister may specify. 2000, c. 12, s. 3.

Role of school council

(3)  When establishing or reviewing a local code of conduct, the principal shall consider the views of the school council with respect to its contents. 2000, c. 12, s. 3.

Not regulation

(4)  A local code of conduct is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2000, c. 12, s. 3; 2006, c. 21, Sched. F, s. 136 (1).

Board support for certain pupil activities and organizations

303.1  (1)  Every board shall support pupils who want to establish and lead activities and organizations that promote a safe and inclusive learning environment, the acceptance of and respect for others and the creation of a positive school climate, including,

(a) activities or organizations that promote gender equity;

(b) activities or organizations that promote anti-racism;

(c) activities or organizations that promote the awareness and understanding of, and respect for, people with disabilities; or

(d) activities or organizations that promote the awareness and understanding of, and respect for, people of all sexual orientations and gender identities, including organizations with the name gay-straight alliance or another name. 2012, c. 5, s. 12.

Same, gay-straight alliance

(2)  For greater certainty, neither the board nor the principal shall refuse to allow a pupil to use the name gay-straight alliance or a similar name for an organization described in clause (1) (d). 2012, c. 5, s. 12.

Same, interpretation

(3)  Nothing in this section shall be interpreted to require a board to support the establishment of an activity or organization in a school unless there is at least one pupil who wants to establish and lead it. 2012, c. 5, s. 12.

Inclusive and accepting name

(4)  The name of an activity or organization described in subsection (1) must be consistent with the promotion of a positive school climate that is inclusive and accepting of all pupils. 2012, c. 5, s. 12.

Same

(5)  A board shall comply with this section in a way that does not adversely affect any right of a pupil guaranteed by the Canadian Charter of Rights and Freedoms. 2012, c. 5, s. 12.

Model provincial bullying prevention and intervention plan

303.2  (1)  The Minister shall develop a model bullying prevention and intervention plan to assist boards in establishing bullying prevention and intervention plans under section 303.3. 2012, c. 5, s. 13.

Communication to boards

(2)  The Minister shall make the model bullying prevention and intervention plan available to every board. 2012, c. 5, s. 13.

Boardís bullying prevention and intervention plan

303.3  (1)  Every board shall establish a bullying prevention and intervention plan for the schools of the board and require its schools to implement the plan. 2012, c. 5, s. 13.

Contents of plan

(2)  The bullying prevention and intervention plan shall address any matter specified in the policies or guidelines made under clause 301 (7.1) (i). 2012, c. 5, s. 13.

Consultation

(3)  When establishing the bullying prevention and intervention plan, a board shall solicit the views of the pupils, teachers and staff of the board, the volunteers working in the schools, the parents and guardians of the pupils, school councils and the public. 2012, c. 5, s. 13.

Communication of plans, board

(4)  A board shall make its bullying prevention and intervention plan available to the public by posting it on the boardís website or, if the board does not have a website, in another manner that the board considers appropriate. 2012, c. 5, s. 13.

Same, principal

(5)  A principal of a school shall make the boardís bullying prevention and intervention plan available to the public by posting it on the schoolís website or, if the school does not have a website, in another manner that the principal considers appropriate. 2012, c. 5, s. 13.

Review of plan

(6)  A board shall periodically review its bullying prevention and intervention plan and shall solicit the views of those listed in subsection (3). 2012, c. 5, s. 13.

 

Opening and closing exercises at schools

304. 

304.  (1)  Every board shall ensure that opening or closing exercises are held in each school under the boardís jurisdiction, in accordance with the requirements set out in the regulations. 2000, c. 12, s. 3.

Same

(2)  The opening or closing exercises must include the singing of O Canada and may include the recitation of a pledge of citizenship in the form set out in the regulations. 2000, c. 12, s. 3.

Exceptions

(3)  A pupil is not required to participate in the opening or closing exercises in such circumstances as are prescribed by regulation. 2000, c. 12, s. 3.

Access to school premises

Access to school premises

305. 

305.  (1)  The Minister may make regulations governing access to school premises, specifying classes of persons who are permitted to be on school premises and specifying the days and times at which different classes of persons are prohibited from being on school premises. 2000, c. 12, s. 3.

Prohibition

(2)  No person shall enter or remain on school premises unless he or she is authorized by regulation to be there on that day or at that time. 2000, c. 12, s. 3.

Same, board policy

(3)  A person shall not enter or remain on school premises if he or she is prohibited under a board policy from being there on that day or at that time. 2000, c. 12, s. 3.

Direction to leave

(4)  The principal of a school may direct a person to leave the school premises if the principal believes that the person is prohibited by regulation or under a board policy from being there. 2000, c. 12, s. 3.

Offence

(5)  Every person who contravenes subsection (2) is guilty of an offence. 2000, c. 12, s. 3.

Suspension of a pupil

306. 

Activities leading to possible suspension

306.  (1)  A principal shall consider whether to suspend a pupil if he or she believes that the pupil has engaged in any of the following activities while at school, at a school-related activity or in other circumstances where engaging in the activity will have an impact on the school climate:

1. Uttering a threat to inflict serious bodily harm on another person.

2. Possessing alcohol or illegal drugs.

3. Being under the influence of alcohol.

4. Swearing at a teacher or at another person in a position of authority.

5. Committing an act of vandalism that causes extensive damage to school property at the pupilís school or to property located on the premises of the pupilís school.

6. Bullying.

7. Any other activity that is an activity for which a principal may suspend a pupil under a policy of the board. 2007, c. 14, s. 4.

Factors principal must consider

(2)  In considering whether to suspend a pupil for engaging in an activity described in subsection (1), a principal shall take into account any mitigating or other factors prescribed by the regulations. 2007, c. 14, s. 4.

Suspension

(3)  If a principal decides to suspend a pupil for engaging in an activity described in subsection (1), the principal shall suspend the pupil from his or her school and from engaging in all school-related activities. 2007, c. 14, s. 4.

Duration of suspension

(4)  A suspension under this section shall be for no less than one school day and no more than 20 school days and, in considering how long the suspension should be, a principal shall take into account any mitigating or other factors prescribed by the regulations. 2007, c. 14, s. 4.

Assignment to program, etc.

(5)  When a principal suspends a pupil under this section, he or she shall assign the pupil to a program for suspended pupils in accordance with any policies or guidelines issued by the Minister. 2007, c. 14, s. 4.

Policies and guidelines

(6)  The Minister may issue policies and guidelines to boards to assist principals in interpreting and administering this section. 2007, c. 14, s. 4.

School-related activities

(7)  A pupil who is suspended is not considered to be engaged in school-related activities by virtue of participating in a program for suspended pupils. 2007, c. 14, s. 4.

One suspension of a pupil

307. 

A principal may not suspend a pupil under section 306 more than once for the same occurrence. 2007, c. 14, s. 4.

Notice of suspension

308. 

A principal who suspends a pupil under section 306 shall,

(a) inform the pupilís teacher of the suspension; and

(b) make all reasonable efforts to inform the pupilís parent or guardian of the suspension within 24 hours of the suspension being imposed, unless,

(i) the pupil is at least 18 years old, or

(ii) the pupil is 16 or 17 years old and has withdrawn from parental control. 2007, c. 14, s. 4.

Same

(2)  A principal who suspends a pupil under section 306 shall ensure that written notice of the suspension is given promptly to the following persons:

1. The pupil.

2. The pupilís parent or guardian, unless,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

3. Such other persons as may be specified by board policy. 2007, c. 14, s. 4.

Contents of notice

(3)  The notice under subsection (2) must include the following:

1. The reason for the suspension.

2. The duration of the suspension.

3. Information about any program for suspended pupils to which the pupil is assigned.

4. Information about the right to appeal the suspension under section 309, including,

i. a copy of the board policies and guidelines governing the appeal established by the board under subsection 302 (6), and

ii. the name and contact information of the supervisory officer to whom notice of the appeal must be given under subsection 309 (2). 2007, c. 14, s. 4.

 

Appeal of Suspension

309. 

309.  (1)  The following persons may appeal, to the board, a principalís decision to suspend a pupil under section 306:

1. The pupilís parent or guardian, unless,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

2. The pupil, if,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

3. Such other persons as may be specified by board policy. 2007, c. 14, s. 4.

Board designate

(2)  Every board shall designate a supervisory officer for the purposes of receiving notices of intention to appeal a suspension. 2007, c. 14, s. 4.

Notice of appeal

(3)  A person who is entitled to appeal a suspension under subsection (1) must give written notice of his or her intention to appeal to the supervisory officer designated by the board within 10 school days of the commencement of the suspension. 2007, c. 14, s. 4.

Board to inform all parties

(4)  After receiving a notice of intention to appeal under subsection (3), the board shall promptly contact every person entitled to appeal the suspension under subsection (1) and inform him or her that it has received the notice of intention to appeal. 2007, c. 14, s. 4.

Party may contact supervisory officer

(5)  A person who has given notice of intention to appeal under subsection (3) may contact the supervisory officer designated under subsection (2) to discuss any matter respecting the appeal of the suspension and, for the purposes of this section, the supervisory officer has the powers and duties set out in board policy. 2007, c. 14, s. 4.

Hearing of appeal

(6)  The board shall hear and determine the appeal within 15 school days of receiving notice under subsection (3), unless the parties agree on a later deadline, and shall not refuse to deal with the appeal on the ground that there is a deficiency in the notice of appeal. 2007, c. 14, s. 4.

Appeal process

(7)  Subject to this section, an appeal shall be conducted in accordance with the requirements established by board policy. 2007, c. 14, s. 4.

Parties to appeal

(8)  The parties to the appeal are:

1. The principal who suspended the pupil.

2. The pupil, if,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

3. The pupilís parent or guardian, if the pupilís parent or guardian appealed the decision to suspend the pupil.

4. The person who appealed the decision to suspend the pupil, if the decision was appealed by a person other than the pupil or the pupilís parent or guardian.

5. Such other persons as may be specified by board policy. 2007, c. 14, s. 4.

Pupil may attend

(9)  A pupil who is not a party to the appeal under subsection (8) has the right to be present at the appeal and to make a statement on his or her own behalf. 2007, c. 14, s. 4.

Powers on appeal

(10)  The board shall,

(a) confirm the suspension and the duration of the suspension;

(b) confirm the suspension, but shorten its duration, even if the suspension that is under appeal has already been served, and order that the record of the suspension be amended accordingly; or

(c) quash the suspension and order that the record of the suspension be expunged, even if the suspension that is under appeal has already been served. 2007, c. 14, s. 4.

Decision final

(11)  The decision of the board on an appeal under this section is final. 2007, c. 14, s. 4.

Committee

(12)  The board may authorize a committee of at least three members of the board to exercise and perform powers and duties on behalf of the board under this section, and may impose conditions and restrictions on the committee. 2007, c. 14, s. 4.

 

310. 

310.  (1)  A principal shall suspend a pupil if he or she believes that the pupil has engaged in any of the following activities while at school, at a school-related activity or in other circumstances where engaging in the activity will have an impact on the school climate:

1. Possessing a weapon, including possessing a firearm.

2. Using a weapon to cause or to threaten bodily harm to another person.

3. Committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner.

4. Committing sexual assault.

5. Trafficking in weapons or in illegal drugs.

6. Committing robbery.

7. Giving alcohol to a minor.

7.1 Bullying, if,

i. the pupil has previously been suspended for engaging in bullying, and

ii. the pupilís continuing presence in the school creates an unacceptable risk to the safety of another person.

7.2 Any activity listed in subsection 306 (1) that is motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, gender identity, gender expression, or any other similar factor.

8. Any other activity that, under a policy of a board, is an activity for which a principal must suspend a pupil and, therefore in accordance with this Part, conduct an investigation to determine whether to recommend to the board that the pupil be expelled. 2007, c. 14, s. 4; 2012, c. 5, s. 14.

Same

(2)  A pupil who is suspended under this section is suspended from his or her school and from engaging in all school-related activities. 2007, c. 14, s. 4.

Duration of suspension

(3)  A principal may suspend a pupil under this section for up to 20 school days and, in considering how long the suspension should be, the principal shall take into account any mitigating or other factors prescribed by the regulations. 2007, c. 14, s. 4.

Assignment to program, etc.

(4)  When a principal suspends a pupil under this section, he or she shall assign the pupil to a program for suspended pupils in accordance with any policies or guidelines issued by the Minister. 2007, c. 14, s. 4.

 

311. 

311.  (1)  A principal who suspends a pupil under section 310 shall,

(a) inform the pupilís teacher of the suspension; and

(b) make all reasonable efforts to inform the pupilís parent or guardian of the suspension within 24 hours of the suspension being imposed, unless,

(i) the pupil is at least 18 years old, or

(ii) the pupil is 16 or 17 years old and has withdrawn from parental control. 2007, c. 14, s. 4.

Same

(2)  A principal who suspends a pupil under section 310 shall ensure that written notice of the suspension is given promptly to the following persons:

1. The pupil.

2. The pupilís parent or guardian, unless,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

3. Such other persons as may be specified by board policy. 2007, c. 14, s. 4.

Contents of notice

(3)  The notice under subsection (2) must include the following:

1. The reason for the suspension.

2. The duration of the suspension.

3. Information about any program for suspended pupils to which the pupil is assigned.

4. Information about the investigation the principal will conduct under section 311.1 to determine whether to recommend that the pupil be expelled.

5. A statement indicating that,

i. there is no immediate right to appeal the suspension,

ii. if the principal does not recommend to the board that the pupil be expelled following the investigation under section 311.1, the suspension will become subject to appeal under section 311.2, and

iii. if there is an expulsion hearing because the principal recommends to the board that the pupil be expelled, the suspension may be addressed by parties at the hearing. 2007, c. 14, s. 4.

Investigation following suspension

311.1  (1)  When a pupil is suspended under section 310, the principal shall conduct an investigation to determine whether to recommend to the board that the pupil be expelled. 2007, c. 14, s. 4.

Conduct of investigation

(2)  The principalís investigation shall begin promptly following the suspension and shall be conducted in accordance with the requirements established by board policy and, for the purpose of the investigation, the principal has the powers and duties set out in the policy. 2007, c. 14, s. 4.

Same

(3)  As part of the investigation, the principal shall make all reasonable efforts to speak with the following persons:

1. The pupil.

2. The pupilís parent or guardian, unless,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

3. Any other person whom the principal has reason to believe may have relevant information. 2007, c. 14, s. 4.

Factors principal must consider

(4)  In considering whether to recommend to the board that the pupil be expelled, a principal shall take into account any mitigating or other factors prescribed by the regulations. 2007, c. 14, s. 4.

If expulsion not recommended

(5)  If, on concluding the investigation, the principal decides not to recommend to the board that the pupil be expelled, the principal shall,

(a) confirm the suspension and the duration of the suspension;

(b) confirm the suspension but shorten its duration, even if the suspension has already been served, and amend the record of the suspension accordingly; or

(c) withdraw the suspension and expunge the record of the suspension, even if the suspension has already been served. 2007, c. 14, s. 4.

Same: notice

(6)  If the principal does not recommend to the board that the pupil be expelled, the principal shall ensure that written notice containing the following information is given promptly to every person to whom he or she was required to give notice of the suspension under section 311:

1. A statement that the pupil will not be subject to an expulsion hearing for the activity that resulted in the suspension.

2. A statement indicating whether the principal has, under subsection (5), confirmed the suspension and its duration, confirmed the suspension but reduced its duration or withdrawn the suspension.

3. Unless the suspension was withdrawn, information about the right to appeal the suspension under section 311.2, including,

i. a copy of the board policies and guidelines governing the appeal established by the board under subsection 302 (6), and

ii. the name and contact information of the supervisory officer to whom notice of the appeal must be given under section 311.2. 2007, c. 14, s. 4.

If expulsion recommended: report

(7)  If, on concluding the investigation, the principal decides to recommend to the board that the pupil be expelled, he or she shall prepare a report that contains the following:

1. A summary of the principalís findings.

2. The principalís recommendation as to whether the pupil should be expelled from his or her school only or from all schools of the board.

3. The principalís recommendation as to,

i. the type of school that might benefit the pupil, if the pupil is expelled from his or her school only, or

ii. the type of program for expelled pupils that might benefit the pupil, if the pupil is expelled from all schools of the board. 2007, c. 14, s. 4.

Same

(8)  The principal shall promptly provide a copy of the report to the board and to every person whom the principal was required to give notice of the suspension under section 311. 2007, c. 14, s. 4.

Written notice

(9)  The principal shall ensure that written notice containing the following is given to every person to whom the principal was required to give notice of the suspension under section 311 at the same time as the principalís report is provided to that person:

1. A statement that the pupil will be subject to an expulsion hearing for the activity that resulted in the suspension.

2. A copy of the board policies and guidelines governing the expulsion hearing established by the board under subsection 302 (6).

3. A statement that the person has the right to respond, in writing, to the principalís report provided under this section.

4. Detailed information about the procedures and possible outcomes of the expulsion hearing, including, but not limited to, information explaining that,

i. if the board does not expel the pupil, it will, with respect to the suspension imposed under section 310, confirm the suspension, shorten its duration or withdraw it,

ii. the parties will have the right to make submissions during the expulsion hearing as to whether, if the pupil is not expelled, the suspension imposed under section 310 should be confirmed, reduced or withdrawn,

iii. any decision of the board with respect to the suspension imposed under section 310 made at the expulsion hearing is final and not subject to appeal,

iv. if the board expels the pupil from his or her school only, the board will assign the pupil to another school, and

v. if the board expels the pupil from all schools of the board, the board will assign the pupil to a program for expelled pupils.

5. The name and contact information of a supervisory officer whom the person may contact to discuss any matter respecting the expulsion hearing. 2007, c. 14, s. 4.

Party may respond

(10)  A person who is entitled to receive the principalís report under subsection (8) and written notice under subsection (9) may respond, in writing, to the principal and the board. 2007, c. 14, s. 4.

Appeal of suspension

311.2  If the principal does not recommend to the board that the pupil be expelled and does not withdraw the suspension, the suspension may be appealed and section 309 applies for that purpose, with necessary modifications, subject to the following:

1. A person who is entitled to appeal must give written notice of his or her intention to appeal within five school days of the date on which he or she is considered, in accordance with the rules set out in subsection 300 (3), to have received the notice given under subsection 311.1 (9).

2. If the principal confirmed the suspension but reduced its duration under subsection 311.1 (8), the appeal is from the reduced suspension and not the original suspension. 2007, c. 14, s. 4.

Expulsion hearing by board

311.3  (1)  If a principal recommends to the board that a pupil be expelled, the board shall hold an expulsion hearing and, for that purpose, the board has the powers and duties specified by board policy. 2007, c. 14, s. 4.

Conduct of hearing

(2)  Subject to the requirements set out in this section, the expulsion hearing shall be conducted in accordance with the requirements established by board policy. 2007, c. 14, s. 4.

Parties

(3)  The parties to the expulsion hearing are:

1. The principal.

2. The pupil, if,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

3. The pupilís parent or guardian, unless,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

4. Such other persons as may be specified by board policy. 2007, c. 14, s. 4.

Pupil may attend

(4)  A pupil who is not a party to the expulsion hearing under subsection (3) has the right to be present at the hearing and to make a statement on his or her own behalf. 2007, c. 14, s. 4.

Submissions and views of parties

(5)  At the hearing, the board shall,

(a) consider the submissions of each party in whatever form the party chooses to deliver his or her submissions, whether orally, in writing or both;

(b) solicit the views of all the parties as to whether the pupil, if he or she is expelled, should be expelled from his or her school only or from all schools of the board; and

(c) solicit the views of all the parties as to whether, if the pupil is not expelled, the board should confirm the suspension originally imposed under section 310, confirm the suspension but reduce its duration or withdraw the suspension. 2007, c. 14, s. 4.

Decision

(6)  After completing the hearing, the board shall decide,

(a) whether to expel the pupil; and

(b) if the pupil is to be expelled, whether the pupil is expelled from his or her school only or from all schools of the board. 2007, c. 14, s. 4.

Factors board must consider

(7)  In making the decisions required under subsection (6), the board shall take into account,

(a) all submissions and views of the parties, including their views as to whether the pupil, if expelled, should be expelled from his or her school only or from all schools of the board;

(b) any mitigating or other factors prescribed by the regulations; and

(c) any written response to the principalís report recommending expulsion that a person gave to the board under subsection 311.1 (7) before the completion of the hearing. 2007, c. 14, s. 4.

Restriction on expulsion

(8)  The board shall not expel a pupil if more than 20 school days have expired since the pupil was suspended under section 310, unless the parties to the expulsion hearing agree on a later deadline. 2007, c. 14, s. 4.

Committee

(9)  The board may authorize a committee of at least three members of the board to exercise and perform powers and duties on behalf of the board under this section, and may impose conditions and restrictions on the committee. 2007, c. 14, s. 4.

If pupil not expelled

311.4  (1)  If a board does not expel a pupil, the board shall, with respect to the suspension originally imposed under section 310,

(a) confirm the suspension and the duration of the suspension;

(b) confirm the suspension, but shorten its duration, even if the suspension that is under appeal has already been served, and order that the record of the suspension be amended accordingly; or

(c) quash the suspension and order that the record of the suspension be expunged, even if the suspension that is under appeal has already been served. 2007, c. 14, s. 4.

Factors board must consider

(2)  In determining which action to take under subsection (1), the board shall take into account,

(a) any submissions made by the parties as to whether the suspension and its duration should be confirmed, the suspension should be confirmed but its duration reduced or the suspension should be withdrawn;

(b) any mitigating or other factors prescribed by the regulations. 2007, c. 14, s. 4.

Notice that pupil not expelled

(3)  After determining which action to take under subsection (1), the board shall give written notice containing the following to every person who was entitled to be a party to the expulsion hearing under subsection 311.3 (3):

1. A statement indicating that the pupil is not expelled.

2. A statement indicating whether the board has, under subsection (1), confirmed the suspension and its duration, confirmed the suspension but reduced its duration or withdrawn the suspension. 2007, c. 14, s. 4.

Decision final

(4)  The decision of the board under subsection (1) is final. 2007, c. 14, s. 4.

If pupil expelled

311.5  If a board expels a pupil, the board shall assign the pupil to,

(a) in the case of a pupil expelled from his or her school only, another school of the board; and

(b) in the case of a pupil expelled from all schools of the board, a program for expelled pupils. 2007, c. 14, s. 4.

Notice of expulsion

311.6  (1)  A board that expels a pupil shall ensure that written notice of the expulsion is given promptly to,

(a) all the parties to the expulsion hearing; and

(b) the pupil, if the pupil was not a party to the expulsion hearing. 2007, c. 14, s. 4.

Contents of notice

(2)  The notice under subsection (1) must include the following:

1. The reason for the expulsion.

2. A statement indicating whether the pupil is expelled from his or her school only or from all schools of the board.

3. Information about the school or program for expelled pupils to which the pupil is assigned.

4. Information about the right to appeal under section 311.7, including the steps that must be taken to appeal. 2007, c. 14, s. 4.

Appeal of expulsion

311.7  (1)  In this section,

ďdesignated tribunalĒ means a tribunal designated under the regulations to hear appeals of board decisions to expel pupils. 2007, c. 14, s. 4.

Certain persons may appeal

(2)  The following persons may appeal a boardís decision to expel a pupil, whether the pupil is expelled from his or her school only or from all schools of the board, to the designated tribunal:

1. The pupilís parent or guardian, unless,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

2. The pupil, if,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

3. Such other persons as may be specified by the designated tribunal. 2007, c. 14, s. 4.

Hearing

(3)  The designated tribunal shall hear and determine an appeal under this section, and, for that purpose, it has the powers and duties set out in the regulations. 2007, c. 14, s. 4.

Parties to appeal

(4)  The parties to the appeal are:

1. The board.

2. The pupil, if,

i. the pupil is at least 18 years old, or

ii. the pupil is 16 or 17 years old and has withdrawn from parental control.

3. The pupilís parent or guardian, if the parent or guardian appealed the decision.

4. The person who appealed the decision to expel the pupil, if the decision was appealed by a person other than the pupil or the pupilís parent or guardian. 2007, c. 14, s. 4.

Decision final

(5)  The decision of the designated tribunal on an appeal under this section is final. 2007, c. 14, s. 4.

Regulations

(6)  The Minister may make regulations,

(a) designating a tribunal to hear appeals of board decisions to expel pupils;

(b) prescribing the procedures to be followed on an appeal under this section;

(c) prescribing the powers and duties of a designated tribunal under this section. 2007, c. 14, s. 4.

 

 

312. 

312.  (1)  Every board shall provide, in accordance with policies and guidelines issued by the Minister, if any,

(a) at least one program for suspended pupils; and

(b) at least one program for expelled pupils. 2007, c. 14, s. 5 (1).

Policies and guidelines

(2)  The Minister may establish policies and guidelines with respect to programs for suspended and expelled pupils and may,

(a) impose different requirements on the provision of the programs for different circumstances, different locations or different classes of pupils;

(b) set criteria respecting pupilsí eligibility to participate in the programs and respecting the criteria to be met for successful completion of the programs;

(c) require boards to offer plans to assist pupils who have successfully completed a program for expelled pupils with their transition back to school and to set criteria respecting those plans; and

(d) authorize boards, subject to such conditions and restrictions as the Minister imposes, to enter into agreements with other boards for the provision of the programs. 2007, c. 14, s. 5 (1).

(3)  Repealed: 2007, c. 14, s. 5 (1).

Programs for expelled pupils

(4)  The Minister may establish one or more programs for expelled pupils to prepare the pupils to return to school and may require boards to give specified information about the programs to expelled pupils. 2000, c. 12, s. 3.

Same

(5)  The Minister may establish policies and guidelines respecting pupilsí eligibility to participate in a program established by the Minister under subsection (4) and respecting the criteria to be met for successful completion of the program. 2000, c. 12, s. 3; 2007, c. 14, s. 5 (2).

313. 

313.  (1)  An expelled pupil continues to be a pupil of the board that expelled him or her if the pupil attends a program for expelled pupils,

(a) offered by that board; or

(b) offered by another board under an agreement between that board and the board that expelled the pupil. 2007, c. 14, s. 6.

Same

(2)  An expelled pupil ceases to be a pupil of the board that expelled him or her if,

(a) the pupil is assigned by that board to a program for expelled pupils and does not attend the program; or

(b) the pupil registers as a pupil of another board. 2007, c. 14, s. 6.

 

 

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Stephen R. Biss, Barrister & Solicitor

470 Hensall Circle, Suite 303
Mississauga, Ontario
L5A 3V4

905-273-3322  or 1-877-273-3322

 


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