On June 9, 2016, Bill 149, Rowan’s Law Advisory Committee Act (“Rowan’s Law”) received royal assent in the Ontario legislature. As discussed in our January 2016 Charity & NFP Law Update, Rowan’s Law was named after 17-year-old Rowan Stringer, who tragically died after sustaining a concussion while playing rugby. This is the first concussion protocol legislation that has been passed for young athletes in Canada. This new law will be of interest to any charities and not-for-profits that run activities for young athletes, such as: sporting events; helping to operate leagues or sporting organizations; or, assist in establishing standards and rules for the carrying out of the sporting activity.
The focus of Rowan’s Law is to provide education regarding sports-related concussions to athletes, parents and coaches. The legislation would establish a mandatory protocol that dictates when an athlete must be removed from the 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. An advisory committee will also be established to provide recommendations to the legislature based on findings from the inquest into Rowan Stringer’s death. The committee will be composed of members appointed by the Minister of Children and Youth Services, the Minister of Education and the Minister of Health and Long Term Care, and the Minister of Tourism, Culture and Sport.
As mentioned above, it is 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 Rowan’s Law and the recommendations that its advisory committee will make because they may need to adopt new policies to ensure compliance.