Post-secondary Institutions Sexual Violence Policies Act

t POST-SECONDARY INSTITUTIONS SEXUAL VIOLENCE POLICIES ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 29, 2026. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the King’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Post-secondary Institutions Sexual Violence Policies Act Table of Contents POST-SECONDARY INSTITUTIONS SEXUAL VIOLENCE POLICIES ACT Table of Contents Section Page PART 1 - INTERPRETATION AND APPLICATION 5 1. Definitions................................................................................................................................................ 5 2. Application ............................................................................................................................................... 5 PART 2 - SEXUAL VIOLENCE POLICY 5 3. Requirement for sexual violence policy ................................................................................................... 5 4. Implementation of policy ......................................................................................................................... 6 4.1 Accommodation ....................................................................................................................................... 6 5. Review of policy ...................................................................................................................................... 6 6. “Governing body” defined ....................................................................................................................... 7 PART 3 - REGULATIONS 7 7. Regulations .............................................................................................................................................. 7 PART 4 - TRANSITIONAL MATTERS, COMMENCEMENT 8 8. Transition - existing policies .................................................................................................................... 8 9. Commencement ....................................................................................................................................... 8 c t Current to: May 29, 2026 Page 3 PART 1 - INTERPRETATION AND APPLICATION Post-secondary Institutions Sexual Violence Policies Act Section 1 c POST-SECONDARY INSTITUTIONS SEXUAL VIOLENCE POLICIES ACT Chapter P-11.2 PART 1 - INTERPRETATION AND APPLICATION 1. Definitions In this Act, (a) “post-secondary institution” means a post-secondary institution specified in subsection 2(1); (b) “sexual violence” means any sexual act or act that targets a person's sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person's consent, and includes, but is not limited to, sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, sexual exploitation and the distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video without the consent of the person in the photograph or video, that caused distress to the person in the photograph or video. 2018,c.56.s.1. 2. Application (1) This Act applies to the following post-secondary institutions: (a) the University of Prince Edward Island, established under the University Act R.S.P.E.I. 1988, Cap. U-4; (b) Holland College, established under the Holland College Act R.S.P.E.I. 1988, Cap. H- 6; (c) La Société Éducative de L’Île-de-Prince Édouard Inc., a non-profit corporation established under the laws of the Province, operating under the trade name “Collège de l’Île”; (d) a post-secondary institution designated in the regulations. Minister responsible (2) The Minister of Workforce and Advanced Learning is the Minister responsible for the administration of this Act. 2018,c.56.s.2; 2023,c.20,s.2; 2026,c.11,s.3. PART 2 - SEXUAL VIOLENCE POLICY 3. Requirement for sexual violence policy (1) A post-secondary institution shall establish and maintain a sexual violence policy that c t Current to: May 29, 2026 Page 5 PART 2 - SEXUAL VIOLENCE POLICY Section 4 Post-secondary Institutions Sexual Violence Policies Act (a) addresses sexual violence involving students enrolled at the post-secondary institution; (b) raises awareness of sexual violence, including sexual violence through the use of social media or other forms of digital communications; (c) addresses issues related to consent in respect to persons engaging in sexual activities; (d) includes provisions respecting the prevention and reporting of incidents of sexual violence; (e) addresses training on the issues of sexual violence; (f) establishes complaint procedures and response protocols for incidents and complaints of sexual violence, and includes the elements specified in the regulations relating to the process; (g) addresses any other topics and includes any other elements required by the regulations; and (h) otherwise complies with the requirements set out in the regulations. Student input (2) A post-secondary institution shall ensure that student input is considered, in accordance with any regulations, in the development of its sexual violence policy and every time the policy is reviewed or amended. Cultural sensitivity (3) A post-secondary institution shall ensure that its sexual violence policy is culturally sensitive and reflects the perspectives of those most vulnerable to sexual violence. 2018,c.56.s.3. 4. Implementation of policy (1) A post-secondary institution shall (a) implement its sexual violence policy in accordance with the regulations; and (b) implement any other measure or do any other thing it is required to do under the regulations relating to sexual violence involving students enrolled at the post- secondary institution. Publication (2) In addition to any requirements respecting publication of its sexual violence policy specified in the regulations, a post-secondary institution shall make its sexual violence policy publicly available on an Internet site maintained by or on behalf of the post-secondary institution and shall provide a copy of the policy to a person, on request. 2018,c.56.s.4. 4.1 Accommodation Every post-secondary institution shall appropriately accommodate the needs of students enrolled at the post-secondary institution who are affected by sexual violence. 2018,c.56,s.4.1. 5. Review of policy (1) A post-secondary institution shall review its sexual violence policy (a) at least once every three years; and (b) when directed to do so by the Minister. Page 6 Current to: May 29, 2026 t c PART 3 - REGULATIONS Post-secondary Institutions Sexual Violence Policies Act Section 6 Results of review (2) A post-secondary institution shall (a) determine whether its sexual violence policy requires amendments based on a review under subsection (1); and (b) if the post-secondary institution determines amendments are required, make those amendments. Commencement of period (3) For the purposes of clause (1)(a), the first three-year period begins on the date that a post- secondary institution establishes its first sexual violence policy under section 3. 2018,c.56.s.5. 6. “Governing body” defined (1) In this section, “governing body”, in relation to (a) the University of Prince Edward Island, means the Board of Governors of the University of Prince Edward Island; (b) Holland College, means the Board of Governors of Holland College; and (c) Collège de l’Île, means the Board of Directors of Collège de l’Île. Report to governing body (2) Each year, the president of a post-secondary institution shall report to the governing body on the implementation of the post-secondary institution’s sexual violence policy, and the report shall include (a) the number of times supports, services and accommodation relating to sexual violence are requested and obtained by students enrolled at the post-secondary institution, and information about the supports, services and accommodation; (b) any initiatives and programs established by the post-secondary institution to promote awareness of the supports and services available to students; (c) the number of incidents and complaints of sexual violence reported by students, and information about such incidents and complaints; and (d) the implementation and effectiveness of the policy. Identifying information prohibited (3) The report of the president referred to in subsection (2) shall not contain individually identifying information of any person in relation to an incident or complaint of sexual violence at the post-secondary institution. 2018,c.56.s.6. PART 3 - REGULATIONS 7. Regulations The Lieutenant Governor in Council may make regulations relating to sexual violence involving students enrolled at a post-secondary institution, and governing sexual violence policies required under this Act, and without limiting the generality of this power, make regulations (a) governing processes that shall be followed and persons who shall be consulted in the development and approval of sexual violence policies, and in the review and amendment of those policies, and governing how student input shall be provided and considered in that development, review and amendment; c t Current to: May 29, 2026 Page 7 PART 4 - TRANSITIONAL MATTERS, COMMENCEMENT Section 8 Post-secondary Institutions Sexual Violence Policies Act (b) governing topics that shall be addressed or elements that shall be included in sexual violence policies, including but not limited to the ways in which complaints respecting sexual violence may be made and requirements respecting procedural fairness in dealing with complaints; (c) governing the provision of training to faculty, staff, students and other persons about sexual violence policies; (d) respecting the publication of sexual violence policies and the promotion of awareness of the policies; (e) requiring that appropriate supports, services and, accommodation relating to sexual violence be provided to students affected by sexual violence, and governing those supports, services and accommodation and their provision; (e.1) respecting the contents of the report to be provided to a governing body pursuant to subsection 6(2), including but not limited to a requirement that the information to be provided in the report shall consist of statistical or other general information; (f) designating other post-secondary institutions to which this Act applies; (g) governing any other matter that the Lieutenant Governor in Council determines is necessary or advisable relating to sexual violence involving students, including (i) governing all matters relating to sexual violence policies and their implementation, and (ii) governing other measures that a post-secondary institution shall implement, or other things that a post-secondary institution shall do, to address sexual violence involving students. 2018,c.56.s.7. PART 4 - TRANSITIONAL MATTERS, COMMENCEMENT 8. Transition - existing policies (1) Where, on the date this section comes into force, a post-secondary institution has a written policy that complies with the requirements of subsection 3(1), the policy is deemed to be a sexual violence policy for the purposes of this Act. Commencement of period (2) For the purposes of clause 5(1)(a), the first three-year period for a policy deemed to be a sexual violence policy under subsection (1) begins on the date this section comes into force. 2018,c.56.s.8. 9. Commencement (1) Subject to subsection (2), this Act comes into force on a date that may be fixed by proclamation of the Lieutenant Governor in Council. Idem (2) Section 6 comes into force one year after the commencement date of the proclamation referred to in subsection (1). Page 8 Current to: May 29, 2026 t c