1.0 Background

A coroner’s inquest was held in the spring of 2015 as a result of the 2013 death of Rowan Stringer, a teenage rugby player in Ottawa who suffered multiple concussions. At the conclusion of the inquest, the coroner’s jury submitted 49 recommendations intended to help prevent similar deaths in the future.

On November 25, 2015, a private Members bill was introduced in the Ontario Legislature by MPP Lisa MacLeod with all party support. Bill 149 establishes the Rowan’s Law Advisory Committee (the Committee) to:

  • Review the recommendations made by the jury as part of the coroner’s inquest into the death of Rowan Stringer;
  • Review legislation, policies and best practices from other jurisdictions with respect to head injuries, including concussions;
  • Make recommendations on how to implement the jury recommendations, and how to prevent, mitigate and create awareness about head injuries in sport in Ontario;
  • Make any other recommendations that are advisable with respect to head injury prevention or treatment; and
  • Provide recommendations in a report to the Minister of Tourism, Culture and Sport within one year after the day the Act comes into force.

Bill 149 passed third reading on June 7, 2016 and received royal assent on June 9, 2016.

2.0 Mandate and scope

2.1 Mandate

The Committee’s mandate is to provide advice and recommendations to the government on how to implement the 49 recommendations that resulted from the coroner’s inquest into the death of Rowan Stringer.

2.2 Scope of committee

The Committee shall:

  • review the recommendations made by the jury as part of the Coroner’s inquest into the death of Rowan Stringer;
  • review legislation, policies and best practices from other jurisdictions with respect to head injuries, including concussions;
  • make recommendations on how to implement the jury recommendations, and how to prevent, mitigate and create awareness about head injuries in sport in Ontario; and
  • make any other recommendations that are advisable with respect to head injury prevention or treatment.

The Committee may make rules governing the conduct and administration of its affairs; including meeting dates, establishing sub committees and quorum for decisions.

The Committee will document and advise the Ministry of Tourism, Culture and Sport staff of all rules established to govern the conduct and administration of its affairs.

The Committee will be established by the Minister of Tourism Culture and Sport after the legislation comes into effect on September 9, 2016.

The Committee will provide its recommendations in a report to the Minister of Tourism, Culture and Sport within one year from the day the Act comes into force (September 9, 2017).

2.3 Nature of advice

The Committee shall examine, discuss, provide advice, and reach consensus on recommendations with respect to the 49 recommendations made by the coroner’s jury inquest into the death of Rowan Stringer.

2.4 Committee activities

In order to fulfill its mandate, the Committee may undertake a range of activities, including:

  • meeting as a Committee at a minimum quarterly between September 9, 2016 and September 9, 2017. Meetings will be held in person at a location agreed upon by Committee members. If a member cannot attend a meeting in person, they may join by teleconference;
  • holding public meetings and/or teleconferences;
  • scheduling meetings with government (ministers or officials of ministries);
  • soliciting delegations and presentations from experts and key stakeholders as deemed appropriate by the Committee; and
  • review legislation, regulations, policies, and best practices from other jurisdictions.

3.0 Timelines

The following timelines shall be met:

  • The Committee will be established after the legislation comes into effect on September 9, 2016;
  • The Committee will provide a progress update between the second and third meeting in a form prescribed by the Minister of Tourism, Culture and Sport and as agreed to by the Chair;
  • The Committee will report back to the Minister of Tourism, Culture and Sport by September 9, 2017 with a final report; and
  • As the Act will be repealed one year and three months after the day it comes into force, the Committee will be dissolved one year and three months after the Act comes into force.

4.0 Deliverables

The Committee shall provide:

  • Verbal advice at meetings in the context of general discussion;
  • Progress update between the second and third meeting in a form prescribed by the Minister of Tourism, Culture and Sport and as agreed to by the Chair;
  • Recommendations in a written report to the Minister by September 9, 2017 (one year after the Act comes into force);
  • The Minister will table the report in the Legislature and will publish the report on a Government of Ontario website. As such, the Committee shall ensure that the content of the report is in a form appropriate for public release, and that the report does not contain personal information or personal health information; and
  • The Committee shall also work with designated staff from the Ministry of Tourism, Culture and Sport as required, to ensure that the report is available in both English and French at the same time, in accessible electronic and printed versions, and in sufficient quantity for public release.

5.0 Membership and roles

The Minister of Tourism, Culture and Sport will appoint all Committee members, and will designate a Chair.

The Committee will be composed of up to 15 members appointed by the Minister of Tourism, Culture and Sport.

The Committee will include:

  • no more than three persons nominated by the Minister of Children and Youth Services;
  • no more than three persons nominated by the Minister of Education;
  • no more than three persons nominated by the Minister of Health and Long-Term Care;
  • no more than three persons nominated by the Minister of Advanced Education and Skills Development; and
  • no more than three persons nominated by the Minister of Tourism, Culture and Sport.

The Chair of the Committee will:

  • set agendas in consultation with the Ministry of Tourism, Culture and Sport;
  • oversee meetings;
  • facilitate discussion and collaboration/collaborative problem solving;
  • invite guests as appropriate;
  • convey the Committee’s advice to the Minister;
  • bring to the Ministry’s attention any ethical or conflict of interest situations arising from the Committee’s work;
  • responsible for ensuring the submission of the report to the Minister within the timelines specified in the Act; and
  • consult designated staff within the Ministry of Tourism, Culture and Sport on matters of administration, coordination and other advice required to conduct Committee business.

The members of the Committee will:

  • attend Committee meetings and respond within a reasonable timeframe by email to the invitation to participate, and make diligent effort to be available when notified and invited to participate in a meeting/teleconference/web conference;
  • review the agenda and meeting materials prior to each meeting, giving thought to any questions that may be posed in the materials so that productive dialogue may follow; and
  • convey advice to the best of their abilities.

Members may not send delegates to meetings in their place. If a member misses more than two meetings, the Chair will arrange a meeting with that member to discuss their attendance and future membership on the Committee.

The Committee will be accountable to the Minister of Tourism, Culture and Sport and will be responsible to keep the Minister informed and achieving the goals, objectives, and deliverables set out in this Terms of Reference.

The Minister is accountable to the Legislative Assembly and Cabinet for the fulfillment of its mandate and its compliance with government administrative and operational policies and broad policy directions.

The Deputy Minister of Tourism, Culture and Sport will be accountable to the Minister of Tourism, Culture and Sport for the performance of Ministry of Tourism, Culture and Sport staff in providing administrative and organizational support to the Committee.

6.0 Conflict of interest

As detailed in the members’ appointment letter from the Minister of Tourism, Culture and Sport, any actual, potential, or perceived conflict of interest arising in regard to any matter under discussion by the Committee must be disclosed as directed by the ministry and the chair.

Members of the Committee may currently or potentially in the future, be eligible to receive government funding (either directly or indirectly through their employer) through a transfer payment or grant. Committee members who currently receive funding from the Ontario Government, may be eligible to receive funding in the future, or have received funding in the past, will be required to disclose this information prior to their appointment.

Members of the Committee will be required to fulfill the duties of their appointment in a professional, ethical and competent manner and avoid any real or perceived conflict of interest.

In particular, and without limiting the generality of the foregoing obligations, Committee Members shall:

  1. not use or attempt to use his or her appointment to benefit himself or herself or any person or entity;
  2. not participate in or attempt to influence decision making as an appointee if he or she could benefit from the decision;
  3. not accept a gift that could influence, or that could be seen to influence, the appointee in carrying out the duties of the appointment;
  4. not use or disclose any confidential information, either during or after the appointment, obtained as a result of his or her appointment for any purpose unrelated to the duties of the appointment, except if required to do so by law or authorized to do so by the responsible Minister / Premier;
  5. not use government premises, equipment or supplies for purposes unrelated to his or her appointment; and
  6. comply with such additional requirements, if any, established by the responsible Minister / Government of Ontario.

For the purposes of the above "confidential information" means information that is not available to the public.

The Committee members must declare a personal or pecuniary interest that could raise conflict of interest concerns at the earliest opportunity to the responsible Minister or Minister’s designate.

7.0 Communications and information

7.1 Communications

Any media requests, both before and after any public launch of the Committee, should be directed to the Ministry of Tourism, Culture and Sport Media Relations Officer. Following the start of the Committee’s work, public communications around the Committee’s work and process will be conducted through the Chair. Any formal announcements or press releases by the Chair about the work of the Committee will be discussed with designated staff of the Ministry of Tourism, Culture and Sport before release.

7.2 Confidentiality and protection of personal information

Individual Committee members shall acknowledge, as detailed in the Terms and Conditions of Appointment provided to each member, that the appointee will treat all information obtained through their work with the Committee - including advice, topics and options for discussion, questions, concerns, points of view, analysis and any written material prepared by or on behalf of a Committee member – as confidential, as subject to the provisions of Ontario’s Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31 and Personal Health Information Protection Act, R.S.O. 2004 and that it may be disclosed only with the agreement of the ministry or as may be permitted or required in accordance with the Act.

The Chair is responsible for bringing any issues in this area to the attention of the Ministry of Tourism, Culture and Sport.

8.0 Committee engagement with the government

The Committee will be supported by an Assistant Deputy Minister’s Working Group which will act as technical resource for the Committee and provide advice and information as requested by the Committee.

The Assistant Deputy Minister of the Sport, Recreation & Community Programs Division of the Ministry of Tourism, Culture and Sport will serve as the primary contact for the Committee.

The Ministry of Tourism, Culture and Sport will provide support for Committee activities, logistics, communications and research.

8.1 Remuneration

Committee members will not be remunerated for their work on behalf of the Committee.

8.2 Reimbursement of expenses

Committee members will be reimbursed for reasonably incurred travel, meal and accommodation expenses in relation to the work of the Committee and as previously approved by the Ministry of Tourism, Culture and Sport, in accordance with Management Board of Cabinet’s Travel, Meals and Hospitality Expenses Directive.

8.3 Costs of the committee

All other costs of the Committee will be covered by the Ministry of Tourism, Culture and Sport at its discretion. Only expenditures approved by the Ministry of Tourism, Culture and Sport in advance, and made in accordance with all applicable Government directives, guidelines and policies, will be eligible for reimbursement.