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Home → Legislative Business → Bills → 42-3

Status of bills in this Session.

3rd Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 207

THE ABORTION PROTEST BUFFER ZONE ACT

Table of Contents

Bilingual version (PDF)

Explanatory Note

(Assented to )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

INTRODUCTORY PROVISIONS

Definitions

The following

definitions apply in this Act.

"abortion services" means lawful services provided for the termination of pregnancy, including prescribing, dispensing or administering a drug to terminate pregnancy. (« services d'interruption volontaire de grossesse »)

"clinic" means a place, other than a place in a facility, whose primary purpose is to provide abortion services. (« clinique »)

"facility" means

(

a) a place, other than a clinic, where abortion services are provided and includes a hospital or pharmacy where abortion services are provided; or

(

b) the office of a member of a designated regulated health profession who is a protected service provider. (« établissement »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"prescribed" means prescribed by a regulation under this Act.

"protected service provider" means a person or class of persons who works at a clinic or is a member of a designated regulated health profession and who provides, or assists in the provision of, abortion services, and includes any other prescribed persons or class of persons. (« fournisseur de services protégés »)

"school site" means a school site as defined in subsection 1(1) of The Public Schools Act . (« emplacement scolaire »)

Purpose of Act

The purpose of this Act is to protect access to abortion services by creating buffer zones around clinics and facilities that provide abortion services, the residences of protected service providers and school sites.

PROHIBITED ACTIVITIES

IN ACCESS ZONES

Prohibitions in access zones for clinics or facilities

3(1)

While in an access zone established under

section 6 for a clinic or facility, a person must not

(

a) advise or persuade or attempt to advise or persuade a person to refrain from accessing abortion services;

(

b) inform or attempt to inform a person concerning issues related to abortion services, by any means, including oral, written or graphic means;

(

c) perform or attempt to perform

an act of disapproval concerning issues related to abortion services, by any means, including oral, written or graphic means;

(

d) persistently request that

(

i) a person refrain from accessing abortion services, or

(ii) a protected service provider refrain from providing, or assisting in the provision of, abortion services;

(

e) for the purpose of dissuading a person from accessing abortion services,

(

i) continuously or repeatedly observe the clinic or facility or persons entering or leaving the clinic or 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;

(

f) for the purpose of dissuading a protected service provider from providing, or assisting in the provision of, abortion services,

(

i) continuously or repeatedly observe the clinic or facility or persons entering or leaving the clinic or 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; or

(

g) do any other thing prescribed for the purpose of this section.

Exception

3(2)

Clauses (1)(

a) to (

d) do not apply

(

a) to any thing done in the course of a person's work at a clinic or facility; or

(

b) to any thing occurring between a person accessing, or attempting to access, abortion services and someone who is accompanying the person with the person's consent.

Prohibitions in access zones for residences

While in an access zone established under

section 7 for the residence of a protected service provider, a person must not

(

a) perform or attempt to perform

an act of disapproval, directed at or about the provider, concerning issues related to abortion services, by any means, including oral, written or graphic means;

(

b) persistently request that the provider refrain from providing, or assisting in the provision of, abortion services; or

(

c) for the purpose of dissuading the provider from providing, or assisting in the provision of, abortion services,

(

i) continuously or repeatedly observe the residence,

(ii) physically interfere with or attempt to physically interfere with the provider or a member of the provider's household,

(iii) intimidate or attempt to intimidate the provider or a member of the provider's household, or

(iv) photograph, film, videotape, sketch or in any other way graphically record the provider or a member of the provider's household.

Harassment of service providers prohibited

5(1)

A person must not, for the purpose of dissuading a protected service provider from providing, or assisting in the provision of, abortion services,

(

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 providing, or assisting in the provision of, abortion services; or

(

d) engage in threatening conduct directed at the provider or a person known to the provider.

Harassment by communication prohibited

5(2)

A person must not repeatedly communicate by telephone, fax or any other electronic means with a protected service provider or a person known to the provider for the purpose of dissuading the provider from providing or assisting in the provision of abortion services after the provider or a person known to the provider has requested that such communications cease.

ACCESS ZONES

Access zones for clinics and facilities

6(1)

An access zone is hereby established

(

a) for each clinic; and

(

b) for each facility prescribed for the purpose of this section.

Extent of clinic access zones

6(2)

The access zone for a clinic consists of

(

a) the premises of the clinic and the area within 50 metres, or such other prescribed distance not exceeding 150 metres, from the boundaries of the premises; or

(

b) any other prescribed area.

Extent of facility access zones

6(3)

The access zone for a facility consists of

(

a) the premises on which the facility is located and the area within the prescribed distance, not exceeding 150 metres, from the boundaries of the premises; or

(

b) any other prescribed area.

Limitation

6(4)

No part of an area prescribed for the purpose of clause (2)(

b) or (3)(

b) may be farther than 150 metres from the closest boundary of the premises on which the clinic or facility is located.

Certain property excluded

6(5)

The access zone for a clinic or 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 clinic or facility.

Regulations made only on request, after notice

6(6)

A regulation prescribing a facility for the purpose of clause (1)(

b) or prescribing any thing in relation to a clinic or facility for the purpose of subsection (2) or (3) may be made only if the occupier of the clinic or facility

(

a) has requested the regulation; or

(

b) has been given by the minister notice of the minister's intention to recommend the regulation and a reasonable opportunity to make written submissions before the regulation is made.

Revocations not affected

6(7)

Subsection (6) does not apply to

(

a) a regulation that revokes any thing prescribed for the purpose of subsection (2) in relation to a clinic that ceases to be a clinic; or

(

b) a regulation that revokes the prescription of a facility for the purpose of clause (1)(

b) or that revokes any thing prescribed for the purpose of subsection (3) in relation to a facility that ceases to be prescribed for the purpose of clause (1)(b).

Access zones for residences

7(1)

An access zone is hereby established for the residence of each protected service provider.

Extent of residence zone

7(2)

The access zone for a residence consists of the residential premises and the area within 150 metres, or such other prescribed lesser distance, from the boundaries of the premises.

Certain property excluded

7(3)

The access zone for the residence of a protected service provider 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 provider or a member of the provider's household.

SCHOOL SITES

Prohibitions in school sites

8(1)

While in a school site and the outdoor area within 50 metres, or such other prescribed distance not exceeding 150 metres, from the boundaries of a school site, a person must not

(

a) advise or persuade, or attempt to advise or persuade, a person to refrain from accessing abortion services;

(

b) inform or attempt to inform a person concerning issues related to abortion services, by any means, including oral, written or graphic means; or

(

c) perform or attempt to perform

an act of disapproval concerning issues related to abortion services, by any means, including oral, written or graphic means.

Exception — students

8(2)

Subsection (1) does not apply to a minor or a student of a school situated on a school site.

Exception — course of work

8(3)

Clause (1)(

b) does not apply to any thing done in the course of a person's work at a school site.

ENFORCEMENT

Offences

A person who contravenes this Act is guilty of an offence and is liable on conviction,

(

a) for a first offence, to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or both; and

(

b) for a second or subsequent offence, to a fine of not more than $10,000, or to imprisonment for a term of not more than one year, or both.

Knowledge or notice required for conviction

A person must not be convicted of an offence for contravening subsection 3(1),

section 4 or 5 or subsection 8(1) unless the person knew or, at any time before the contravention, was given notice of the location of the relevant access zone or school site.

Damages

A person may apply to the Court of Queen's Bench of Manitoba to recover damage or loss sustained as a result of a contravention of a provision of this Act.

Injunction

On application by a person, including the minister, the Court of Queen's Bench of Manitoba may grant an injunction to restrain a person from contravening subsection 3(1),

section 4 or 5 or subsection 8(1).

REGULATIONS

Regulations

The Lieutenant Governor in Council may make regulations

(

a) setting out, for information purposes, the names and locations of the clinics and descriptions of the access zones established under

section 6 for those clinics;

(

b) defining any word or phrase used but not defined in this Act;

(

c) prescribing anything referred to in this Act as prescribed.

C.C.S.M. REFERENCE AND

COMING INTO FORCE

C.C.S.M. reference

This Act may be referred to as

chapter A1.6 of the Continuing Consolidation of the Statutes of Manitoba .

Coming into force

This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill establishes The Abortion Protest Buffer Zone Act .

Access zones are created for clinics and facilities that provide abortion services and for service providers.

Certain activities are prohibited within these zones. For example, a person must not

attempt to persuade any other person to refrain from accessing abortion services;

perform acts of disapproval; or

continuously or repeatedly observe people.

Certain activities are prohibited on school sites and within 50 metres of school sites. For example, a person must not

attempt to persuade any other person to refrain from accessing abortion services; or

perform acts of disapproval.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	42-3 b207e.php
Type	bill
Volume / chapter	42 3 b207e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	5c5f3073c5b52d568d2d814b0b52d1a2a61a3053

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