Ontario Introduces Concussion Legislation

Published on

January 28, 2016

On December 10, 2015, Bill 149, Rowan’s Law Advisory Committee Act (Rowan’s Law) passed a second reading in the Ontario legislature. If passed, Rowan’s Law, named after 17-year-old Rowan Stringer, who died after sustaining a concussion during a rugby game, would represent the first concussion protocol legislation for young athletes in Canada. This legislation will be of interest to any charities and not-for-profits which facilitate or engage in sporting activities, specifically those involving young athletes.

A focus of Bill 149 is to provide education regarding sports-related concussions to athletes, parents and coaches and is based on international concussion protocols developed in Switzerland. The legislation would establish a mandatory protocol that dictates when an athlete must be removed from applicable sport if a concussion is suspected. Further, it also mandates that medical clearance must be obtained before athletes are permitted to return to his or her chosen sport after sustaining a concussion.

Currently, an advisory committee has been established to provide recommendations to the legislature based on findings from the inquest into Rowan Stringer’s death. As mentioned above, it would be the first legislation of its kind in Canada and follows Bill 39, Education Amendment Act (Concussions), 2012 which was introduced in 2012 and would have established similar rules for teachers and coaches, but died on the Order Paper in October 2012 when the Legislature was prorogued. Charities and not-for-profits that provide services for children should remain attentive to the progress of Rowan’s Law and any policies which they may need to adopt to ensure compliance.