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Bill 2, Creating Safe Zones around Hospitals, Other Health Facilities, Schools and Child Care Centres Act, 2021

Fraser, John

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Acts affected

Original

Bill 2 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Creating Safe Zones around Hospitals,

Other Health Facilities, Schools and Child Care Centres Act, 2021 .

The

Act creates safe zones around hospitals, other health facilities, schools and

child care centres. Protests against COVID-19 vaccinations or against other

public health measures, and related actions, are prohibited in these safe

zones. The harassment of protected service providers who administer or assist

in the administration of COVID-19 vaccines is also prohibited.

contravention of the provisions described in the preceding paragraph is an offence.

In addition, a person who suffers loss as a result of such a contravention has

a right of action for damages. Any person may apply to the Superior Court of

Justice for an injunction to restrain a person from contravening those

provisions.

Bill 2 2021

Act with respect to safe zones for hospitals, other health facilities, schools

and child care centres

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Purpose

Purpose

of Act

The

purpose of this Act is to,

(

a) protect

access to hospitals, other health facilities, schools and child care centres by

restricting the location of protests against COVID-19 vaccinations and against public

health measures; and

(

b) ensure

the safety, security, health and privacy of persons seeking to access health

care or education services and of persons administering, or assisting in the administration

of, COVID-19 vaccines.

Interpretation

Interpretation

In this

Act,

“prescribed”

means prescribed by the regulations made under this Act; (“prescrit”)

“property”,

in relation to a protected facility, means,

(

a) property

within the meaning of the Land Titles Act if that

Act applies to the land where the protected facility is located and clause (

c) does not apply,

(

b) property

within the meaning of the Registry Act if that Act

applies to the land where the protected facility is located and clause (

c) does

not apply,

(

c) property

within the meaning of the Condominium Act, 1998 or

as prescribed for the purposes of this clause, if that Act governs the land

where the protected facility is located as described in clause 2 (3) (

a) of

that Act, or

(

d) property,

as prescribed for the purposes of this clause, if none of clauses (a), (

b) or

(

c) apply; (“unité foncière”)

“protected

facility” means,

(

a) a

place where health care services are provided, including, for greater certainty,

(

i) a

hospital,

(ii) a

COVID-19 vaccination clinic, regardless of whether the clinic is a temporary or

permanent clinic, and

(iii) any

other health care facility where health care services are provided,

(

b) a

school, or private school, within the meaning of subsection 1 (1) of the Education Act ,

(

c) a

child care centre within the meaning of the Child Care and

Early Years Act, 2014 , or

(

d) the

office of a person who is a protected service provider within the meaning of

clause (

b) of the definition of “protected service provider”; (“établissement

protégé”)

“protected

service provider” means,

(

a) a

person who works at a protected facility,

(

b) an

education worker, or

(

c) a

person who provides, or assists in the provision of, health care services and

who is,

(

i) a

member of the College of Physicians and Surgeons of Ontario,

(ii) a

member of the College of Nurses of Ontario,

(iii) a

member of the Ontario College of Pharmacists who holds a certificate of

registration as a pharmacist, or

(iv) a

regulated health professional prescribed for the purpose of this subclause.

(“fournisseur de services protégé”)

Prohibitions

Prohibitions

in safe zones for protected facilities

(1) While

in a safe zone for a protected facility described in

section 5, no person

shall,

(

a) advise

or persuade, or attempt to advise or persuade, a person to refrain from being

vaccinated against COVID-19;

(

b) protest

against COVID-19 vaccination or public health measures;

(

c) perform

or attempt to perform

an act of disapproval concerning issues related to COVID-19

vaccination requirements or public health measures, by any means, including

oral, written or graphic means;

(

d) persistently

request that,

(

i) a

person refrain from being vaccinated against COVID-19, or

(ii) a

protected service provider refrain from administering, or assisting in the administration

of, COVID-19 vaccines;

(

e) for

the purpose of dissuading a person from being vaccinated against COVID-19,

(

i) continuously

or repeatedly observe the protected facility or persons entering or leaving the

protected facility,

(ii) physically

interfere with or attempt to physically interfere with the person,

(iii) intimidate

or attempt to intimidate the person, or

(iv) photograph,

film, videotape, sketch or in any other way graphically record the person; or

(

f) for

the purpose of dissuading a protected service provider from administering, or

assisting in the administration of, COVID-19 vaccines,

(

i) continuously

or repeatedly observe the protected facility or persons entering or leaving the

protected facility,

(ii) physically

interfere with or attempt to physically interfere with the provider,

(iii) intimidate

or attempt to intimidate the provider, or

(iv) photograph,

film, videotape, sketch or in any other way graphically record the provider.

Exception

(2) Clauses

(1) (a), (b), (

c) and (

d) do not apply,

(

a) to

anything done in the course of the person’s work at the protected facility; or

(

b) to

anything occurring between a person accessing, or attempting to access, health

care services and someone who is accompanying the person with the person’s

consent.

Harassment

of providers

(1) No

person shall, for the purpose of dissuading a protected service provider from administering,

or assisting in the administration of, COVID-19 vaccines,

(

a) repeatedly

approach, accompany or follow the provider or a person known to the provider;

(

b) continuously

or repeatedly observe the provider;

(

c) persistently

request that the provider refrain from administering, or assisting in the administration

of, COVID-19 vaccines; or

(

d) engage

in threatening conduct directed at the provider or a person known to the

provider.

Same

(2) No

person shall repeatedly communicate by telephone, fax or electronic means with

a protected service provider or a person known to the provider, for the purpose

of dissuading the provider from continuing to administer, or assist in the administration

of, COVID-19 vaccines, after the person being communicated with has requested

that such communications cease.

Safe

Zones

Safe

zones for protected facilities

(1) A

safe zone is established for each protected facility consisting of the property

on which the protected facility is located and the area within 150 metres from

the boundaries of the property.

Certain

property excluded

(2) The

safe zone for a protected facility does not include real property that one or

more persons has the exclusive right to use or occupy if none of those persons

is the occupier of the protected facility.

Enforcement

Offences

person who contravenes subsection 3 (1) or

section 4 is guilty of an offence

and, on conviction, is liable,

(

a) in

the case of a first offence under this Act, to a fine of not more than $5,000;

(

b) in

the case of a second offence under this Act, to a fine of not less than $1,000

and not more than $10,000; or

(

c) in

the case of a third or subsequent offence under this Act, to a fine of not less

than $1,000 and not more than $10,000 or to imprisonment for a term of not more

than six months, or to both.

Limit

on conviction — knowledge or notice of zone

person may not be convicted of an offence for contravening subsection 3

(1) unless the person knew or, at any time before the contravention, was given

notice of, the location of the relevant safe zone.

Damages

person who suffers loss as a result of a contravention of subsection 3 (1) or

section 4 by another person has a right of action for damages against that

person.

Injunction

application by a person, including the Attorney General, the Superior Court of

Justice may grant an injunction to restrain a person from contravening

subsection 3 (1) or

section 4.

Arrest

without warrant

police officer may arrest without warrant a person the officer believes, on

reasonable and probable grounds, has committed, or is committing, an offence

under this Act.

Regulations

Regulations

The

Attorney General may make regulations,

(

a) prescribing

anything that is referred to, in this Act, as prescribed;

(

b) setting

out, for information purposes, the names and locations of the protected facilities

in Ontario and descriptions of the safe zones described in

section 5 for those

facilities.

Repeal,

Commencement and

Short Title

Repeal

This Act is repealed.

Commencement

(1) Subject to subsection (2), this Act comes into force on the day it

receives Royal Assent.

(2) Section

12 comes into force on the earlier of,

(

a) the

day the Reopening Ontario (A Flexible Response to

COVID-19) Act, 2020 is repealed; or

(

b) two

years after the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Creating Safe Zones

around Hospitals, Other Health Facilities, Schools and Child Care Centres Act,

2021 .

Date Bill stage Event Outcome Committee

October 5, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

October 5, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 2

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Creating Safe Zones around Hospitals, Other Health Facilities, Schools and Child Care Centres Act, 2021

Legislative Assembly of Ontario

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