An Act to Amend the Education Act


Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:


1                   Section 1 of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended by adding the following definitions in alphabetical order:


“bullying” means systematically and chronically inflicting physical harm or psychological distress on one or more pupils and may involve


(a)           teasing,


(b)           social exclusion,


(c)           threats,


(d)           intimidation,


(e)           stalking,


(f)            physical violence,


(g)           theft,


(h)           sexual or racial harassment,


(i)            public humiliation, or


(j)            destruction of property;


“harassment” means any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a pupil or school personnel that


(a)           places a pupil or school personnel in reasonable fear of harm to his or her person or damage to his or her property,


(b)           has the effect of substantially interfering with a pupil's educational performance, opportunities, or benefits, or


(c)           has the effect of substantially disrupting the orderly operation of a school;


2                   The Act is amended by adding after section 24 the following:


24.1(1)        Bullying and harassment as defined in this Act provide cause for suspension.


24.1(2)        Where a pupil is suspended under subsection (1), all reporting and other requirements under section 24 must be adhered to.


24.1(3)        A principal shall in addition to a suspension under subsection (1) require one, some or all of the parties involved to participate in educational programs highlighting the negative consequences associated with bullying and harassment.


3                   This Act comes into force on a day to be fixed by proclamation.