Protecting Vulnerable People Against Picketing Act, 2011 Jones, Sylvia — Bill 23 (40th Parliament, 1st Session)

Bill 23, 40-1

Ontario — Bills

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Bill 23, Protecting Vulnerable People Against Picketing Act, 2011

Jones, Sylvia

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Original

[40] Bill 23 Original (PDF)

Bill 23 2011

Act to prevent picketing of supported group living residences

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purpose

1. The

purpose of this Act is to achieve a fair balance between,

(

a) the

right of every individual residing in a supported group living residence to the

peaceful enjoyment of his or her home, free from harm and threats of harm; and

(

b) the

right of every individual to freedom of communication and expression in order

to provide information about a labour dispute.

Definitions

(1) In

this Act,

"person"

includes a trade union; ("personne")

"supported group living residence" has the same meaning as in subsection

4 (2) of the Services and Supports to Promote the Social

Inclusion of Persons with Developmental Disabilities Act, 2008 ;

("résidence de groupe avec services de soutien")

"trade union" means an organization of employees formed for purposes

that include the regulation of relations between employees and employers.

("syndicat")

Status

of trade union

(2) For the purposes of this Act and despite any other

Act, a trade union is an entity that can be sued and prosecuted in its own

name.

Prohibition

re picketing

3. Despite

any other Act, a person shall not, in connection with a labour dispute, engage

in picketing of a supported group living residence.

Prohibition

re counselling, etc., a contravention

(1) No

person shall counsel, procure, support or encourage conduct that contravenes

section 3.

Prohibition

re causing a contravention

(2) No person shall do any act or omit to do any act if

the action or omission is likely to result in another person engaging in

conduct that contravenes

section 3.

Civil

liability

(1) Every

person who contravenes

section 3 or 4 is liable for any damages resulting from

the contravention.

Trade

unions

(2) If a trade union is found to be liable for damages for

a contravention of

section 3 or 4, all property held by or for the benefit of

the trade union or its members shall be deemed to be property of the trade

union and subject to execution, seizure or attachment for the damages.

Same,

exception

(3) Subsection (2) does not apply to property held in

respect of pension benefits, superannuation benefits, sickness or health

insurance, supplementary unemployment benefits, vacation pay, holiday pay,

severance pay, training or apprenticeship, life insurance, legal aid and such

other benefits as may be prescribed by the Lieutenant Governor in Council.

Regulations

(4) The Lieutenant Governor in Council may make

regulations prescribing benefits for the purposes of subsection (3).

Offence

(1) Every

person who contravenes

section 3 or 4 is guilty of an offence and on conviction

is liable,

(

a) in

the case of a person who is an individual, to a fine of not more than $2,000;

(

b) in

the case of a person who is not an individual, to a fine of not more than

$25,000.

Continued

offences

(2) Each day that a person contravenes

section 3 or 4

constitutes a separate offence.

Commencement

7. This

Act comes into force on the day it receives Royal Assent.

Short

title

8. The

short title of this Act is the Protecting Vulnerable

People Against Picketing Act, 2011 .

EXPLANATORY

NOTE

The

Bill governs the picketing of supported group living residences in connection

with labour disputes.

Section

3 of the Bill prohibits the picketing of supported group living residences

where persons with developmental disabilities reside.

Subsection

4 (1) of the Bill prohibits counselling, procuring, supporting or encouraging a

person to engage in conduct that contravenes

section 3. Subsection 4 (2) of

the Bill provides that actions and omissions that are likely to result in

another person contravening

section 3 are prohibited.

Section

5 of the Bill provides that a person who contravenes

section 3 or 4 is civilly

liable for damages resulting from the contravention.

Section 6 of the Bill

provides that it is an offence to contravene

section 3 or 4.

Date Bill stage Activity Committee

December 6, 2011

First Reading

Carried

Debates and Progress

First Reading

December 6, 2011

Committee

Second Reading

Committee

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 23, 40-1
Type	bill
Volume / chapter	p40 s1 bill 23 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0f624dcebfb3dd2421fa4c75b0a6c4c71fc069a1

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