Ontario Bill 166: Answers to Your Top 8 Questions

Ontario Bill 166, formally named the Strengthening Accountability and Student Supports Act (2024) aims to protect students’ well-being on campus. To achieve this, publicly assisted colleges and universities in the province will be required to meet certain policy and system updates by January 2025.

Not sure how to comply? Below, we answer higher education professionals’ most frequent questions about Bill 166.

What is the purpose of Bill 166?

Bill 166 in Ontario seeks to strengthen student support systems in post-secondary institutions by ensuring the availability of mental health services, promoting anti-racism and anti-hate policies, and increasing transparency about the costs of attending a program. By passing this bill, the government of Ontario aims to create safer and more supportive environments for students in the province’s higher ed institutions.

What are the key components of Bill 166?

Bill 166 targets college and university policies and processes in three main areas:

Student Mental Health Policies

First, every institution must have a policy outlining the programs, services, and supports available to students for mental health and well-being. This policy must be created by consulting best practices outlined by organizations like the CICMH and the Mental Health Commission of Canada. The policy should use student-centric language, explain how your institution will protect students’ privacy when they use a campus mental health service, and include both proactive (“e.g., stress reduction, positive coping strategies, mental health literacy and de-stigmatization”) and reactive mental health supports (e.g., “mental health intervention and crisis response”).

Next, schools must set up a centralized platform containing information about their mental health policies & procedures. It should contain “all the necessary information in alignment with the legislative and directive requirements” of the bill in one place that’s easily accessible to students, according to a memo from the Ministry of Colleges and Universities. Be sure to include your new mental health policy, mental health links and resources, and contact information for campus and community mental health providers and programs.

Policies on Racism and Hate

Colleges and universities are required to implement policies to combat various forms of racism and hate, including Islamophobia, anti-Black racism, antisemitism, and anti-Indigenous racism. To write these policies, schools must consult the requirements of the Ontario Human Rights Code, stakeholders from a variety backgrounds (including those who are often the target of hate), resources from Ontario’s Anti-Hate Strategy and the OHRC, and gaps in their current policies.

Institutions must also outline how each of the following stages of complaint handling (including timelines and examples) will be addressed:

• Intake
• Institutional assessment
• Complaint review
• Interim measures
• Decision & outcome
• Appeals

In order to better uncover incidents of racism and hate on campus, institutions also need to set up a complaints mechanism. Schools can use existing reporting hotlines to meet this requirement, as long as they:

• Comply with Ontario Human Rights Code guidance
• Reflect and support the needs of the campus community equitably
• Protect reporters’ privacy and confidentiality
• Promote a safe, inclusive campus culture by avoiding retaliation against reporters
• Include an anonymous reporting option

Transparency of Costs

Institutions must provide clear, easy-to-access information about all costs associated with attendance, including not only tuition, but also ancillary fees and fees for textbooks and other required course materials.

Who will oversee the implementation of the policies required to comply with Bill 166?

The Minister of Colleges and Universities will have the authority to issue directives to higher education institutions, specifying what must be included in their policies. The Minister will also ensure compliance and can take action if institutions do not meet these requirements in full.

In order to achieve compliance and avoid potential fines and penalties, colleges and universities should work cross-departmentally to meet the requirements. For example, campus professionals in compliance, equity and inclusion, student well-being, and the bursary must all be consulted to achieve best results.

How will these policies be monitored?

Institutions will be required to review their policies at least once every five years to identify risk areas and gaps to be addressed.

Each year, colleges and universities must submit an annual report to their board of governors containing data on how and how effectively they’ve implemented their new anti-racism and anti-hate policies and programs.

In addition, they’ll also be required to publish annual reports outlining the complaints received through their reporting hotlines (described above). Reports must be published on a dedicated university web page, as well as submitted to the Minister of Colleges and Universities via email. These reports should contain:

• Number and type/description of complaints received (including those that weren’t reviewed)
• Each complaint’s “Code group (e.g., ethnicity, race, religion, sexual orientation) and the sub-category (e.g., anti-Black
• racism, anti-Indigenous racism, antisemitism and Islamophobia).”
• Outcomes of each complaint, including timelines, findings, disciplinary actions, and involvement of external law enforcement.
• NO personal information or other data that could identify the complainants

What impact will Bill 166 have on students?

The goal of the Strengthening Accountability and Student Supports Act is to provide students with stronger support systems for their mental health, foster safe and inclusive campuses, and ensure transparency in the financial costs students face to attend college or university.

By creating more diverse, transparent, and supportive learning and living environments, institutions will also impact student success and well-being. These could include:

• Higher class attendance
• Lower rates of student turnover
• Fewer violent incidents on campus
• Higher student GPAs
• Stronger school spirit
• Higher enrollment rates
• Fewer Title IX violations

Will Bill 166 affect private colleges and universities?

No, Bill 166 only applies to colleges and universities in Ontario that receive public funding. Private institutions are not directly impacted by this legislation. However, these schools should consider voluntarily adopting similar policies to those outlined in the bill. This ensures the institution keeps up with industry best practices, better support students, and get ready in case the bill is expanded beyond publicly-assisted institutions.

What happens if an institution fails to comply with the directives under Bill 166?

The Minister of Colleges and Universities will enforce compliance with this law, but specific noncompliance penalties and/or fines are unclear. Institutions that do not meet the minimum requirements by the deadline may be asked by the Minister to take specific steps, such as increased oversight by the Ministry or corrective actions.

Will Bill 166 require institutions to post their mental health and anti-racism policies publicly?

Yes, one of the bill’s requirements is that these policies be published on each institution’s website and made accessible to anyone who requests a copy. By making these policies publicly available, colleges and universities can demonstrate their commitment to student well-being, compliance, and creating an ethical, safe campus environment. Not only will this put students and the public at ease, but it can even improve the institution’s reputation.

How Case IQ Can Help

With Case IQ, colleges and universities can conduct campus investigations and manage incidents with confidence. Our modern reporting hotline and case management software help you address complaints quickly, investigate fairly, and protect students and the institution. Learn how you can uncover, investigate, resolve, and prevent campus incidents all in one secure platform here.

Important: This post is for informational and educational purposes only. This post should not be taken as legal advice or used as a substitute for such. You should always speak to your own lawyer.