Good morning, Mr. Speaker, and thank you. Before I begin, I would like to say that I’ll be sharing my time this morning with my parliamentary assistant and the member for Burlington.

I’d also like to take the opportunity to give a couple of special thank yous this morning and talk about my experience early this morning. My daughter and I arrived at SickKids at 6 a.m. She’s actually in surgery right now. I left her in the hands of some amazing doctors at 8 a.m., for the next four hours. So I want to give a shout-out to all the amazing doctors, nurses and health care providers across the province—especially the ones who are taking care of our wee people. Even though my daughter is 22 and six feet tall, she’s still a patient at SickKids, until after this operation. So I want to thank everyone out there for all their love.

I’m pleased to have this opportunity, once again, to discuss our proposed legislative changes that will help set students up for success throughout their post-secondary education journey and as they transition into rewarding careers.

Over the last few months, I’ve had the pleasure of visiting several of Ontario’s world-class post-secondary institutions, where I’ve had the opportunity to speak directly with students about their post-secondary education journey and their aspirations for the future. I have also had the privilege of speaking with so many high school students, parents and mature learners at different events—whether it be at the Ontario Universities’ Fair or the Jill of All Trades event—where I was able to hear first-hand about their aspirations when it comes to their post-secondary options. And I can tell you, the enthusiasm from both our current and prospective post-secondary students was palpable—because embarking on a post-secondary education, for many, is one of the moments in life when our next chapter begins.

Our government recognizes that Ontario’s colleges, universities, Indigenous institutes and private career colleges are hotbeds of innovation and entrepreneurship. Campuses across the province, from the GTA to rural and northern Ontario, are not only places of learning, but centres of employment and economic growth for their communities, cities and regions that they call home. They offer high-quality education that will help students and graduates develop the knowledge and skills they need to get good-paying jobs and support the growth of our economy. And it is those students and graduates of these high-calibre institutions who give this province its competitive edge. I have said this many times: The people of this province are our greatest assets.

But in order for students to flourish in post-secondary education and beyond, we first need to provide them with a solid foundation that fosters success. By creating the right conditions for them to succeed, Ontario will have everything we need to safeguard our competitiveness and build Ontario’s economy.

That’s why today I am proud to stand before you to once again speak about Bill 26, which contains historic changes that will position Ontario’s post-secondary education system and students for success.

Before providing an update, I’d like to remind the members what the legislation is about. To recap: At its core, the legislation seeks to protect students and make sure our post-secondary education communities are safe, healthy and respectful environments for learning and growth—environments where they don’t have to worry about discrimination or harassment while accessing an education.

Bill 26 would give publicly assisted colleges and universities and private career colleges the ability to better address faculty and staff sexual misconduct against students. First, it would equip institutions with stronger tools to address instances of faculty or staff sexual misconduct against students. This means, for example, that sexual misconduct toward a student by faculty or staff would be deemed just cause for dismissal.

Second, it would prevent the use of non-disclosure agreements, which can be used to hide the prior wrongdoing of an employee when they leave one institution for another. For example, in a case covered in the media a few years ago, a faculty member dismissed for just cause following an investigation into allegations of sexual violence was hired by another institution while the investigation was under way. Preventing the use of non-disclosure agreements will help limit instances where an employee leaves an institution to be employed at another institution with their prior wrongdoing remaining a secret, unknown to fellow faculty, staff and students. This will help provide greater transparency with respect to faculty and staff who are found to have committed sexual misconduct toward a student.

And third, the legislation would require institutions to have employee sexual misconduct policies that outline rules of behaviour between employees and students and contain examples of disciplinary measures for employees who break these rules. This will help address instances where faculty overstep a teacher-student relationship with inappropriate behaviour, such as an instance a few years ago when an independent review found that a professor gave alcohol to and made sexual advances towards a student.

Together, these changes would help to better protect students in instances of faculty and staff sexual misconduct and would help institutions to address complaints when they arise.

By working together with colleges, universities, private career colleges and all of our partners, we will build a better and safer learning environment for students that is free from sexual misconduct, harassment and violence. This is a priority for our government, which is why we’ve already taken concrete steps to address the issue, and the measures included in Bill 26 further build on these actions, which put student safety first.

Speaker, as proud as I am of Bill 26 and all of the hard work that has gone into developing it, it is truly unfortunate that this sort of legislation is necessary to keep students safe.

Earlier this week, we saw reports in the media of an ongoing case against a U of T professor who was investigated for violations of the sexual violence policy on campus. Even after the university accepted the results of the 72-page report, the professor not only remains employed by the institution, but will be directly overseeing two students and teaching classes next semester. During the committee process, we heard conflicting reports about whether current college and university processes did enough to keep students safe after proven instances of faculty sexual misconduct took place. From what we read here, it is clear that more can and needs to be done to empower schools to remove offenders from their school and keep students safe.

Speaker, our government also supports a post-secondary education system that is accessible, respectful and inclusive for all learners, including Indigenous learners, which leads me to another important part of Bill 26: the proposed name change for Toronto Metropolitan University.

We work with colleges, universities, Indigenous institutes and Indigenous partners to create the conditions that make it easier for everyone to access a high-quality education. We do this because we want to build and encourage a post-secondary system that embraces inclusivity and promotes success for all learners so they can find rewarding careers.

The institution took it upon itself to create a task force to engage with community members on reconciling Egerton Ryerson’s legacy. And after extensive consultations with the university and the broader community, including an online survey with over 30,000 respondents, the university determined that a new name would better reflect its current values, aspirations and directions. The school’s renaming was one of 22 recommendations in the final report of the task force.

In April 2022, the university’s board of governors approved “Toronto Metropolitan University” as the proposed new name to replace “Ryerson University.” A few months later, the university formally requested that our ministry bring forward amendments to the Ryerson University Act, 1977, to make “Toronto Metropolitan University” the official legal name of the institution. We are pleased to support the university’s name change to “Toronto Metropolitan University” by proposing the amendments to the Ryerson University Act, 1977, and other affected statutes to reflect this change.

The university’s renaming is one of many steps the university is taking to move beyond the legacy of its namesake and his role in the design of Canada’s residential school system. As the task force report notes, “A name change alone will not erase the systemic barriers and inequities that Indigenous and Black community members face within the institution.” However, it is an important signal that the university is listening and responding to the historical issues of colonialism and how its influence can affect current students when considering how it could better align the university’s name with its values. As the university states, “Names matter. They tell the world who we are and what we stand for. They communicate ideas, values and aspirations. They speak to the future even as they acknowledge the past.”

I would like to congratulate the university on their decision to move in a new direction; in particular, on the extensive work and community consultations they have completed in order to arrive at this decision, and on the resulting report of its task force.

As a place of higher learning, Toronto Metropolitan University and the self-reflection it has pursued over the last few years can serve as a lesson that a deeper collective understanding of the Indian residential school system is an important step on the path towards reconciliation.

Both initiatives in Bill 26 are about creating the right conditions for student success. They’re about creating inclusive, respectful and safe environments for learning. That is something that is incredibly important to this government, to me, and to the Premier. And he asked me to continue the work that we are doing to strengthen the response of colleges, universities and private career colleges to sexual violence on campus, particularly cases of faculty and staff misconduct towards students.

The first part of this bill underlines our government’s zero tolerance position on sexual harassment, assault and misconduct in post-secondary communities. This is a matter that is particularly close to me, given my prior role as the Associate Minister of Children and Women’s Issues, and now as Minister of Colleges and Universities, but more importantly, as a mother to three young women, two of whom are in post-secondary education.

After introducing these proposed amendments a few weeks ago, I was pleased to see so much immediate support from the post-secondary education sector, as well as coverage in the media.

The Toronto Star penned an article with the headline “Ontario to End Secrecy Behind Campus Sexual Misconduct Cases and Let Universities Fire Faculty Who Abuse Students.”

Additionally, it was excellent to see campus media’s interest in Bill 26. The Varsity, U of T’s long-standing campus newspaper, published a piece on the proposed legislative amendments earlier this month. The Varsity spoke with executives from the Prevention, Empowerment, Advocacy, Response, for Survivors Project, otherwise known as PEARS. This is a grassroots, trauma-informed group providing support for survivors of sexual violence across U of T’s three campuses. The founder and director of the organization was quoted as saying, “I was very pleased to see that further attention is being paid to the issue of sexualized/gender-based violence in post-secondary, as it is so often disregarded.”

Ultimately, the measures in Bill 26 are focused on improving student safety and ensuring the best environment for students to excel in the high-quality education our post-secondary institutions provide.

Speaker, I want to pause for a moment and give a special mention to someone important. Micah Kalisch, the founder and director of PEARS, or the Prevention, Empowerment, Advocacy, Response, for Survivors Project, provided one of the bravest and most moving submissions at committee last week. I know committee members who are here in the Legislature this morning were part of that committee and heard her talk. Her words moved the committee and emphasized why legislation like Bill 26 and consultations with students on this issue are so important.

Micah, I want to thank you for your bravery, your passion and your work in addressing sexual and gender-based violence.

It’s individuals like Micah who are truly making a difference.

It has been very encouraging to see how much support we’ve already garnered for these proposed changes.

In their official statement, the Ontario Undergraduate Student Alliance, or OUSA, said, “We are pleased with” these “legislative changes that support survivors and protect students from harm in potential incidents of faculty-perpetrated sexual violence. Students across Ontario need continued governmental and institutional support to create a safer learning environment free of sexual harassment.”

OUSA participated in the ministry’s consultations last year and shared student concerns in cases of faculty and staff sexual violence against students. A number of these proposed amendments align with OUSA and the expert recommendations in Courage to Act’s white paper What Is the Role of Post-Secondary Institutions in Addressing Student-Instructor Relationships?

Other partners responded to the news, too. Steve Orsini, president and CEO of the Council of Ontario Universities, said, “Ontario’s universities are committed to ensuring student, faculty and staff safety and condemn all forms of sexual violence or harassment. Building on today’s announcement, all of our universities have developed and continue to regularly review their institutional sexual violence policies to ensure that they maintain a survivor-centric approach.”

To quote Linda Franklin, president and CEO of Colleges Ontario: “Ensuring every student has a safe and positive learning environment is a top priority. The comprehensive policies and protocols in place at every college are enhanced on an ongoing basis, and we’re committed to working with the government and students on the further measures announced today.”

Finally, a quote from Ari Laskin, CEO of Career Colleges Ontario: “Career Colleges Ontario is pleased to see the government is taking action on sexual assault and sexual violence in the post-secondary educational sector. Our members have had in place policies that address student safety on our campuses and we are encouraged to see the government formalizing this across its entire post-secondary sector. Ontario’s career colleges will continue to put student safety and well-being at the forefront of all of our operations.”

Speaker, as you can see, while we remain open to constructive feedback, some of which we’ve heard from key stakeholders since the introduction of Bill 26, reaction has been widely positive and shows us that this form of action was much needed.

I want to be clear: We have, as we all know, remarkable faculty at colleges, universities and private career colleges across the province, and the vast majority of faculty and staff conduct themselves with complete professionalism and strive to foster a safe environment for all our students. However, concerns have been raised on whether existing measures go far enough to address faculty/staff-to-student sexual misconduct in the post-secondary education sector.

That is why these measures are being put in place—to protect our students from those who don’t live up to the standards of conduct with respect to student safety and well-being.

As part of the committee process, several witnesses raised questions and probed nuances to help us better align the language of the bill with its intent. This direct feedback is critical to addressing sexual violence, and we’re committed to maintaining an open dialogue with our partners to continuously improve our work in this area. I will now briefly touch on the changes that have been introduced through this process, which I believe improve the bill further.

During the committee process, we heard some concerns around the use of the term “sexual abuse.” It was shared by some that “sexual abuse” may be too narrow of a term, often colloquially used to describe physical acts, when the intent of our legislation was to include both physical and non-physical acts, such as remarks of a sexual nature. The term “sexual abuse” was used in the bill to capture a broad range of potential acts or conduct. To make the definition clearer, we have amended the bill to use the term “sexual misconduct” rather than “sexual abuse.” This is welcome feedback, and I want to thank those who raised it with us.

The term “sexual misconduct” is defined in the proposed amendment to include:

—acts or conduct that contravene the sexual solicitation provisions under the Human Rights Code; and

—acts or communication that contravene the sexual solicitation provisions under the Human Rights Code; and

—any other conduct or behaviours as defined by institutions in their employee sexual misconduct policies.

On this, I want to take a moment to address any potential concerns about the use of the term “misconduct,” rather than a more common term like “violence” or “harassment.” It should go without saying that careful consideration went into the drafting and amending of Bill 26. I understand the power of words and the importance of choosing words carefully. The choice to use “misconduct” as the defined term in the legislation was twofold. The first was to further define an umbrella term that can be used to apply to a wide variety of phrases and terminology, used in this nature, that are already defined within the referenced acts, codes and policies in Bill 26. For example, “sexual harassment” is contained and defined in the Criminal Code, the Human Rights Code and in school campus policies—all of which are equally applicable should a student need to file a formal complaint. The second was because we want to ensure the language around this issue has an opportunity to evolve. Just as “sexual and gender-based violence” has not always been the terminology used, we want to ensure that, should the language continue to evolve, the legislation encapsulates a term that new phraseology can fall under.

The second set of changes address the need to strengthen language related to non-disclosure agreements, or NDAs. Legal professionals reviewed Bill 26 and flagged a concern that, when it came to NDAs, the legislation would have prohibited the use of a non-disclosure agreement to prevent an institution from disclosing the fact that a court or arbitrator had determined that an employee of the institution committed an act of sexual misconduct toward a student. That would leave a student who alleges misconduct vulnerable to pressure to sign an NDA at the beginning of the process before moving forward with a meaningful investigation. To address this concern, we have amended this bill so that no agreement between an institution and any person can prohibit the institution, or any person related to it, from disclosing the fact of an allegation or complaint being made that an employee committed an act of sexual misconduct toward a student. However, a non-disclosure term of this nature could be included at the student’s request.

Together, the proposed amendments in Bill 26 would require publicly assisted colleges and universities as well as private career colleges to have specific processes in place that address faculty and staff sexual misconduct on campus and to make these processes transparent. These measures are focused on improving student safety and creating an environment for students to do their best and excel in the high-quality education our post-secondary institutions offer.

We know that a healthy campus environment is crucial to student success. At a fundamental level, no student in Ontario can reach their full potential unless they are safe on campus and in the broader post-secondary community.

Our government believes that everyone should be able to pursue their studies, on- or off-campus, without having to worry about sexual violence, harassment or misconduct. The measures included in Bill 26 further build on our government’s actions to support our students and keep them safe.

It is clear that across our institutions, these changes have been welcomed and appreciated for going further than ever before to combat sexual misconduct on campus.

And I’m proud to say that’s not all we have done since forming government.

Last fall, we made policy changes to strengthen supports for post-secondary students reporting sexual violence or harassment. We introduced regulatory amendments that required institutions to update their sexual violence policies in order to shield students from irrelevant questions during sexual violence investigations at institutions. These amendments ensured that students could safely bring complaints forward without fear of disciplinary action. This includes instances where perhaps a student was drinking under age when the sexual violence took place. Thanks to these amendments, students will not be penalized for violating the institution’s policies related to drug and alcohol use at the time the sexual violence took place. It also barred irrelevant questions that had a potential revictimizing or shaming effect, including questions about past sexual history, attire and so on. Our government took action to put an end to these issues, and these changes came into effect this spring. My number one priority is our students’ safety. That is why our government implemented these changes to better support students who have already gone through difficult experiences and may have felt scared and vulnerable.

In 2018, the government conducted the Student Voices on Sexual Violence survey to gather information about how respondents perceive, understand and respond to incidents of sexual violence, as well as their level of satisfaction with their institution’s sexual violence supports and services. More than 160,000 students across Ontario participated in this voluntary survey, which has helped inform our government’s work in the area.

Over the years, we have listened to students and partners and have addressed sexual violence matters in various ways. For example, as of July 2019, colleges and universities are required to report annually to their board of governors on the number of incidents and complaints of sexual violence reported by students, as well as the supports, programs and initiatives that are available to their students.

Colleges and universities must now have and publicly post a stand-alone sexual violence policy, which must be reviewed at least every three years and amended as appropriate. Student input must also be taken into consideration during the development of the policy, and every time the policy is reviewed or amended.

Additionally, our government required every publicly assisted college and university in Ontario to have a task force that is devoted to addressing sexual violence on campus.

And since 2019, the government invests $6 million annually in the campus safety grant. These funds assist and support publicly assisted colleges and universities with campus safety programs, including campus sexual violence prevention programs and supports. The grant can be used to support a variety of student-focused programs and services, including safe walk programs, awareness programs, safety training and much more.

I’d like to address the consultations that we held to better understand and address faculty/staff-to-student sexual misconduct at our post-secondary institutions.

We pride ourselves on being a government that is responsive to the evolving needs of its people. We know that issues as pervasive as sexual violence and harassment aren’t addressed by quick fixes.

It’s worth noting that a 2019 Statistics Canada survey found that harassment is more common in academia than in any other field. Specific instances of sexual violence and misconduct committed by post-secondary faculty and staff against students has been exposed in recent years due in part to investigative reporting in the media. In many cases, survivors have come forward to report instances years after the sexual misconduct took place. While allegation details vary from case to case, a picture has emerged of general frustration about the disciplinary measures taken by, and the lack of transparency taking place at institutions following reports of sexual misconduct against students by a faculty or staff member.

Cases of sexual misconduct by faculty or staff against students undermine the essential conditions for learning, and as evidence of these cases emerge, the public’s trust in the ability and commitment of post–secondary institutions to keep students safe is also affected.

In August 2021, following some media attention regarding sexual misconduct cases in post-secondary institutions and the calls to strengthen existing measures, our government engaged with colleges, universities, private career colleges and student groups to develop a plan of action that could build on and expand existing measures. Our consultations helped us determine the extent of the issue of faculty and staff sexual misconduct towards students, and what we could do to further ensure student safety. These consultations provided a clear signal that there was more work to be done to grant students a safe learning environment, especially as they return to campuses full-time.

We are working to do everything possible to combat issues of sexual violence or misconduct on our campuses. The steps we’ve taken since 2018 have strengthened supports for post-secondary students reporting sexual violence or harassment in campus communities. And the measures introduced in Bill 26 will give post-secondary institutions greater powers to address acts committed by faculty and staff towards students. That is why these measures are being put in place—to protect our students and support their well-being.

I would be remiss not to mention that universities and colleges are also taking important steps to address student safety and respond to these concerns. Many post-secondary institutions are proactive and doing exceptional work to address sexual misconduct. One example that I was very pleased to learn about is at Queen’s University, where they recently launched an online tool and mobile app to allow victims of sexual violence to anonymously record incidents, access resources and connect with on- and off-campus supports. This online support hub allows students to record their experience through a trauma-informed, question-and-answer format. Many institutions have also introduced awareness-raising and educational tools around consent.

Speaker, today’s legislation is about more than post-secondary education. Beyond the lecture halls and classrooms, over the last five years, there has been a great reckoning when it comes to inappropriate behaviour and unhealthy relationships. More than ever, survivors and allies are coming forward to challenge sexual harassment and misconduct in workplaces, social environments and intimate settings. In Hollywood, media and beyond, public consciousness has shifted, with more widespread recognition of the urgent need to call out unhealthy relationships that aren’t rooted in consent or that involve problematic power structures.

That’s what makes this legislation so critical. As a government, we are formalizing our recognition, to show Ontarians that we will not stand by when power is abused. We want to create consistency across the sector in the way institutions address staff who commit acts of sexual misconduct. These changes would provide publicly assisted colleges, universities and private career colleges tools and resources to address instances of sexual misconduct by faculty and/or staff and greater transparency with respect to faculty and/or staff who are found to have committed an act of sexual misconduct towards a student. The proposed changes would make Ontario one of a few Canadian jurisdictions that require institutions to have policies setting out rules for behaviour between faculty and staff and students, and setting out disciplinary measures for faculty and staff who break these rules.

From the first day students set foot in the classroom, to the day they graduate and start their careers, our government’s plan to support learners will support everyone in Ontario to have the tools and the opportunity to reach their full potential.

Our government is taking bold, decisive action in order to do what is best for Ontarians, and we need to remind ourselves that at the heart of this action is the post-secondary education sector and the students. That is why the measures we are proposing are, first and foremost, student-focused. If students don’t feel safe or have a sense of belonging, this will impact their success. It will impact their performance, not just in school, but long before and long after graduation.

Post-secondary institutions have a responsibility to provide a safe and supportive learning environment and are expected to do everything possible to address issues on campuses, be they sexual misconduct or righting historical wrongs.

This is a complex issue, and we are committed to working with our partners—including students—to continuously adapt and enhance the supports available to survivors of sexual violence and fight sexual misconduct on- or off-campus.

Bill 26, if passed, would benefit students by helping to create a safer, more respectful environment and campus community. Bill 26 provides measures to help position our post-secondary education sector for continued success for present and future generations. The sexual misconduct measures will provide students with more protection, empowering them to achieve their full potential during some of the most formative years of their lives.

Once again, we are building on past successes to help students feel safe and to support our institutions to continue to uphold high standards. We will continue to work with our colleges and universities, student groups and other partners to make sure our world-class post-secondary institutions support a bright future for the people in this province.

I am proud of these historic legislative changes, and I appreciate your support as we move forward.

I’m now going to pass it on to my parliamentary assistant—and I’m sure you can all imagine that I’m going back over to SickKids to wait for my daughter to come out of surgery.

Thank you all for your time. I’d like to thank all the committee members. Everyone who spoke on this bill has been so supportive.

I know that we are all here for the right reasons—to ensure that students are protected on campuses in Ontario.