role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 124, Safe Night Out Act, 2022

Sattler, Peggy

Andrew, Jill

Kernaghan, Terence

Lindo, Laura Mae

Please select

View bill

Status

Debates

Acts affected

Original

Bill 124 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Liquor Licence and Control Act, 2019

to require the establishment of an evidence-based, trauma-informed sexual

violence and harassment prevention training program. The training is mandatory

for certain categories of workers listed in the Bill, including servers,

persons who provide security and supervisors. Every licensee and permit holder

is required to have a sexual violence and harassment policy.

The

Bill also amends

Part III.0.1 (Violence and Harassment) of the Occupational Health and Safety Act respecting workplace

harassment, workplace sexual harassment and workplace violence.

Bill 124 2022

Act to amend the Liquor Licence and Control Act, 2019 and the Occupational

Health and Safety Act respecting training on sexual violence and harassment

Her

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

Province of Ontario, enacts as follows:

Liquor

Licence and Control Act, 2019

(1) The Liquor Licence and Control Act, 2019

is amended by adding the following sections:

Sexual

violence and harassment prevention training

24.1

(1) The

Registrar shall develop an evidence-based, trauma-informed sexual violence and

harassment prevention training program that includes training on the following:

1. What

constitutes sexual violence or harassment of patrons and workers in premises where

liquor is sold or served.

2. The

requisite elements of consent.

3. How

to recognize signs that a person may be at risk of sexual violence or

harassment in premises where liquor is sold or served or after leaving those

premises.

4. How

to safely intervene in circumstances where a person may be at risk of sexual

violence or harassment in premises where liquor is sold or served or after

leaving those premises.

Training

mandatory

(2) The

holder of a licence or permit issued in respect of a premises shall complete

the sexual violence and harassment prevention training program and shall ensure

that persons mentioned in subsection (3) complete the sexual violence and

harassment prevention training program,

(

a) in

the case of an employee of the licence or permit holder, before beginning to

perform any duties referred to in subsection (3); or

(

b) in

the case of any other person who provides services at the premises, before

beginning to provide those services.

Persons

required to complete training

(3) The

persons referred to in subsection (2) are,

(

a) persons

who are involved in the sale or service of liquor at the premises;

(

b) persons

who are responsible for the security of the premises; or

(

c) persons

who are responsible for supervising any person mentioned in clause (

a) or (b).

Requirement

to display sign

(4) The

holder of a licence or permit issued in respect of a premises shall display a

in subsection (3) have completed the sexual violence and harassment prevention

training program.

Clarification

re: liability

(5) A

person is not liable in a civil proceeding respecting an allegation of sexual

violence or harassment by reason only that the person completed the sexual

violence and harassment prevention training program required under this section.

Transition

(6) Any

person who is required to complete the sexual violence and harassment

prevention training program and who, immediately before the Safe Night Out Act, 2022 comes into force, either held a

licence or permit issued in respect of a premises or was a person mentioned in

subsection (3) shall complete the training program within four months after the

Safe Night Out Act, 2022 comes into force.

Sexual

violence and harassment policy

24.2 Every licensee and

permit holder shall have a sexual violence and harassment policy that focuses

on reducing sexual violence and harassment and that sets out,

(

a) how

incidents of sexual violence or harassment will be addressed by,

(

i) persons

who are involved in the sale or service of liquor at the premises,

(ii) persons

who are responsible for the security of the premises, or

(iii) persons

who are responsible for supervising any person mentioned in subclause (

i) or

(ii); and

(

b) information

about the supports and services available in the community for persons who

experience sexual violence or harassment.

(2) Section

78 of the Act is amended by adding the following subsection:

Transitional

regulations, sexual violence and harassment prevention

(1.1) The

Lieutenant Governor in Council may make regulations providing for any

transitional matter that the Lieutenant Governor in Council considers necessary

or advisable in connection with the implementation of the amendments made by

the Safe Night Out Act, 2022 .

Occupational

Health and Safety Act

(1) The definition of “workplace violence” in subsection 1 (1) of

the Occupational Health and Safety Act is amended

by adding the following clause:

(

d) workplace

sexual violence within the meaning of subsection (5).

(2) Section

1 of the Act is amended by adding the following subsection:

Workplace

sexual violence

(5) For

the purposes of this Act and the regulations, workplace sexual violence includes

any of the following acts, whether or not the act occurs in person or online

and whether or not the act occurs in the context of a domestic or intimate

partner relationship:

1. Any

sexual act against a worker in a workplace, if the act is known or ought

reasonably to be known to be unwelcome.

2. Any

act against a worker in a workplace that targets the worker’s sexuality, gender

identity or gender expression, whether the act is physical or psychological in

nature, if the act is committed, threatened or attempted without the person’s

consent.

(3) Section

32.0.1 of the Act is amended by adding the following subsection:

Clarifications

(1.1) For

greater certainty,

(

a) the

policy required under clause (1) (

a) shall include content specifically

addressing workplace sexual violence; and

(

b) the

policy required under clause (1) (

b) shall include content specifically

addressing workplace sexual harassment.

(4) Subsection

32.0.7 (1) of the Act is amended by striking out “and” at the end of clause (

c) and by adding the following clause:

(c.1) all

reasonable measures are taken to prevent workplace harassment and to promote

respect and dignity in the workplace, recognizing that all workers have a right

to work in an environment free of workplace harassment; and

(5) Section

32.0.8 of the Act is amended by adding the following subsection:

Workplace

sexual harassment — approved training

(2) An

employer shall,

(

a) complete

training that has been approved by the Chief Prevention Officer regarding

workplace sexual harassment; and

(

b) ensure

that every person in the workplace, including supervisors, committee members

and workers, completes training that has been approved by the Chief Prevention

Officer regarding workplace sexual harassment.

Commencement

This Act comes into force on the day that is six months

after the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Safe Night Out Act, 2022 .

Date Bill stage Event Outcome Committee

April 28, 2022

First Reading

Vote

Carried

Debates and Progress

First Reading

April 28, 2022

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 124

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

Liquor Licence and Control Act, 2019

Occupational Health and Safety Act

Legislative Assembly of Ontario

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top