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Concussion Safety in Youth Amateur Sport Legislation Questionnaire

Government of Newfoundland and Labrador is considering a phased-in approach for Concussion Safety in Youth Amateur Sport Legislation similar to the approach that was in place in Ontario to implement Rowan’s Law. While Rowan’s Law is being used as guide to inform Newfoundland and Labrador’s Concussion Safety in Youth Amateur Sport Legislation consultation and engagement process, it is possible, the proposed Newfoundland and Labrador legislation may not be an exact duplication of the Ontario legislation. 

In Ontario, Rowan’s Law was implemented in phases as outlined below:

  • Phase 1 involved the implementation of Section 5 of Rowan’s Law only, which included the launch of an annual Rowan’s Law Day (implemented March 2018);
  • Phase 2 focused on parts of the Act related to the mandatory requirements of amateur competitive sport organizations annual review of concussion awareness resources by athletes, coaches and parents/guardians of athletes, and the establishment of concussion codes of conduct that will set out the rules of behavior to minimize concussions while playing sport (implemented on July 1, 2019); and
  • Phase 3 focused on the remaining parts of the Act related to the establishment of removal-from-sport and return-to-sport protocols, so that athletes are immediately removed from sport if they are suspected of having sustained a concussion (implemented as of January 1, 2022).

Rowan’s Law in Ontario applies to sport organizations (as defined under the Act), which could include:  

  • public and private sport clubs
  • post-secondary institutions
  • municipalities

Amendments to the Ontario Education Act also requires school boards, school authorities, and provincial and demonstration schools in Ontario to have concussion policies in place that are consistent with Rowan’s Law and include similar removal and return requirements for interschool sports. These requirements have been in effect since January 2020 and have been an expectation under Ministry of Education’s policy since January 2015.

Concussion Awareness Day

In Ontario, the Act designates the last Wednesday of September as Rowan’s Law Day. The first annual Rowan’s Law Day was held on Wednesday September 26, 2018. Posters and other tools to raise awareness about concussion safety and Rowan’s Law were disseminated to public schools, post-secondary institutions, community centres and municipalities in that province to help raise awareness about concussion in sport and support Rowan’s Law Day events. Other Ontario government-led communications activities included a Minister’s statement delivered in the provincial legislature, a province-wide news release, a downloadable fact sheet, and social media communications.

In 2019, Federal-Provincial and Territorial Ministers directed officials to implement an annual concussion awareness day in collaboration with the sport sector to support the dissemination of harmonized resources and key messages. The Department of Tourism, Culture, Arts and Recreation proclaimed Wednesday, September 29, 2021 as Concussion Awareness Day and collaborated with the sport, recreation, health and education sectors on a number of activities including, a social media awareness campaign, news release, proclamation signing, and promotion of the National Coaching Certification Program ‘Making Headway in Sport E-learning Course’.

Concussion Awareness and Prevention

Ontario is the first province to implement concussion legislation and regulations under Rowan’s Law. One of the key requirements under Rowan’s Law is the mandatory annual review of concussion awareness resources .This section of the Act and its regulations came into effect in Ontario on July 1, 2019.

According to Rowan’s Law (2018), the act states:

  • a sport organization shall not register an individual who is under the prescribed age (26 years old) in a sports activity unless the individual gives the sport organization confirmation that they have, within 12 months before the registration or within such other period, reviewed the concussion awareness resources;
  • a sport organization shall require an individual who is under the prescribed age (26 years old) to give the sport organization confirmation that they have reviewed the concussion awareness resources; 
  • if the individual, described above is under 18 years of age or such other age may be prescribed in Ontario, the individual’s parent or guardian must also give the sport organization confirmation that they have reviewed the concussion awareness resources; and
  • a sport organization shall not permit an individual to serve as a coach for the sport organization or to serve in any other prescribed position, such as an official, in respect of the sport organization unless the individual gives the sport organization confirmation that they have reviewed the concussion awareness resources at the prescribed times, and in accordance with the prescribed requirements.

 

In addition to the mandatory annual review of concussion awareness resources, sport organizations must establish a concussion code of conduct that sets out rules of behavior to support concussion prevention. This section of the Act and its regulations came into effect in Ontario on July 1, 2019.

According to Rowan’s Law (2018), the act states:

  • sport organizations must establish a concussion code of conduct that satisfies the requirements set out in the regulations;
  • a sport organization shall not register an individual who is under the prescribed age (26 years of age) in a sports activity unless the individual gives the sport organization confirmation that they have, within 12 months before the registration or within such other period as may be prescribed, reviewed the sport organizations concussion code of conduct;
  • a sport organization shall require an individual who is under the prescribed age (26 years of age) to give the sport organization confirmation that they have reviewed the sport organizations concussion code of conduct;
  • if the individual, described above is under 18 years of age or such other age may be prescribed, the individual’s parent or guardian must also give the sport organization confirmation that they have reviewed the sport organizations concussion code of conduct; and
  • a sport organization shall not permit an individual to serve as a coach for the sport organization or to serve in any other prescribed position, such as an official, in respect of the sport organization unless the individual gives the sport organization confirmation that they have reviewed the concussion code of conduct at the prescribed times and in accordance with the prescribed requirements.

Concussion Detection and Management

The remaining provisions of Rowans Law is related to removal-from-sport and return-to-sport protocols that came into effect January 1, 2022.

The Act requires sport organizations in Ontario to establish a removal-from-sport protocol for athletes who are suspected of having sustained a concussion. The protocol must, among other things, establish a specific process to implement the immediate removal of an athlete and must designate persons who are responsible for ensuring the removal of the athlete and ensuring that they do not return to training, practice or competition, except in accordance with the sport organization’s return-to-sport protocol.

A sport organization in Ontario is also required to establish a return-to-sport protocol that applies with respect to athletes who have sustained a concussion or are suspected of having sustained a concussion. The protocol must, among other things, establish a specific process to implement the return of an athlete to training, practice or competition and must designate persons who are responsible for ensuring that an athlete does not return until permitted to do so in accordance with the protocol.

 

Rowan’s Law specifies that it is the responsibility of the Government of Ontario to ensure that concussion awareness resources are made available to the public. The Government of Ontario worked with Parachute Canada to develop concussion awareness resources and sample concussion code of conduct templates to be used or adapted by sport organizations. Click here to view these resources.

The Government of Ontario also worked with the Ontario Physical Health and Education Association (OPHEA) to provide samples tools and resources for schools. Click here to view those resources.