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Bill 94, Keeping 2SLGBTQI+ Communities Safe Act, 2023

Wong-Tam, Kristyn

Andrew, Jill

Kernaghan, Terence

Vaugeois, Lise

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Debates

Original

Bill 94 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

2SLGBTQI+ COMMUNITY SAFETY ZONES ACT, 2023

The

Schedule enacts the 2SLGBTQI+ Community Safety Zones Act,

2023 . The Act provides that the Attorney General may designate 2SLGBTQI+

community safety zones. The Act prohibits persons from performing

an act of

intimidation within 100 metres of the boundary of a property that is designated

as a 2SLGBTQI+ community safety zone.

Every

person who contravenes the prohibition is guilty of an offence and is liable on

conviction to a fine of not more than $25,000.

SCHEDULE 2

ONTARIO 2SLGBTQI+ SAFETY ADVISORY COMMITTEE ACT, 2023

The

Schedule enacts the Ontario 2SLGBTQI+ Safety Advisory

Committee Act, 2023 which provides for the establishment and composition

of an Ontario 2SLGBTQI+ Safety Advisory Committee. The Act requires the Ontario

2SLGBTQI+ Safety Advisory Committee to make recommendations with respect to

various matters relating to improving the safety of and preventing hate crimes

and hate motivated incidents against Two-Spirit, lesbian, gay, bisexual,

transgender, queer, intersex and additional sexually and gender diverse people

in Ontario. The Act also requires an annual report setting out the findings and

recommendations of the Ontario 2SLGBTQI+ Safety Advisory Committee.

Bill 94 2023

Act to enact the 2SLGBTQI+ Community Safety Zones Act, 2023 and to establish

the Ontario 2SLGBTQI+ Safety Advisory Committee

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

2SLGBTQI+

Community Safety Zones Act, 2023

Schedule 2

Ontario

2SLGBTQI+ Safety Advisory Committee Act, 2023

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of

this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Except

as otherwise provided in this section, this Act comes into force on the day it

receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act

provides that any of its provisions are to come into force on a day to be named

by proclamation of the Lieutenant Governor, a proclamation may apply to one or

more of those provisions, and proclamations may be issued at different times

with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Keeping 2SLGBTQI+

Communities Safe Act, 2023 .

SCHEDULE 1

2SLGBTQI+ COMMUNITY SAFETY ZONES ACT, 2023

Definition

this Act,

“2SLGBTQI+

community safety zone” means a zone designated by the Attorney General under

section 3.

Prohibitions

in 2SLGBTQI+ community safety zones

person shall, within 100 metres of the boundary of a property where a 2SLGBTQI+

community safety zone is located, perform

an act of intimidation, including,

(

a) causing

a disturbance within the meaning of the Criminal Code

(Canada);

(

b) distributing

hate propaganda within the meaning of the Criminal Code

(Canada);

(

c) uttering

threats or making offensive remarks, either verbally or in writing, with

respect to matters of social orientation or gender roles; or

(

d) engaging

in a protest or demonstration for the purpose of furthering the objectives of

homophobia and transphobia.

Designation

of 2SLGBTQI+ community safety zone

(1) The

Attorney general may, by order, designate a place where 2SLGBTQI+ persons

gather as a 2SLGBTQI+ community safety zone for a specified period of time.

Content

of order

(2) The

order shall provide,

(

a) the

name and address of the 2SLGBTQI+ community safety zone; and

(

b) the

date and time during which the 2SLGBTQI+ community safety zone is designated as

such.

Publication

of order

(3) The

Attorney General shall ensure that a list of 2SLGBTQI+ community safety zones

is made available to the public.

Offence

Every

person who contravenes

section 2 is guilty of an offence and is liable on

conviction to a fine of not more than $25,000.

effect on peaceful protests, etc.

For

greater certainty, nothing in this Act prevents peaceful protests or

demonstrations.

Injunction

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

Justice may grant an injunction to restrain a person from contravening

section 2.

Commencement

The Act set out in this

Schedule comes into force on the day the Keeping 2SLGBTQI+ Communities Safe Act, 2023 receives

Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the 2SLGBTQI+ Community Safety Zones Act, 2023 .

SCHEDULE 2

ONTARIO 2SLGBTQI+ SAFETY ADVISORY COMMITTEE ACT, 2023

Definition

this Act,

“Associate

Minister” means the Associate Minister of Women’s Social and Economic Opportunity

or such other member of the Executive Council as may be assigned the

administration of this Act under the Executive Council Act .

Ontario

2SLGBTQI+ Safety Advisory Committee

The

Associate Minister shall, no more than 60 days after the day this

section comes

into force, establish an Ontario 2SLGBTQI+ Safety Advisory Committee.

Composition

(1) The

Ontario 2SLGBTQI+ Safety Advisory Committee shall be composed of no fewer than

one and no more than six members of the Legislative Assembly appointed by the

Associate Minister.

Same,

members

(2) When

appointing members of the Legislative Assembly to the Ontario 2SLGBTQI+ Safety

Advisory Committee, the Associate Minister shall ensure that the Advisory

Committee includes the following:

1. No

fewer than one and no more than three members of the Legislative Assembly from

the party forming the Government.

2. No

fewer than one and no more than two members of the Legislative Assembly from

the party forming the Official Opposition.

3. One

other member of the Legislative Assembly.

Same,

members

(3) The

Associate Minister shall make all reasonable efforts to ensure that the

composition of the Ontario 2SLGBTQI+ Safety Advisory Committee reflects the

diversity of communities across Ontario.

Chair

(4) The

Associate Minister shall be the chair of the Ontario 2SLGBTQI+ Safety Advisory

Committee.

Vice-chair

(5) One

member appointed under subsection (2) shall be the vice-chair of the Ontario

2SLGBTQI+ Safety Advisory Committee.

Same,

vice-chair

(6) The

vice-chair shall be a member of the Two-Spirit, lesbian, gay, bisexual,

transgender, queer, intersex or other sexually or gender diverse community.

Functions

(1) The

Ontario 2SLGBTQI+ Safety Advisory Committee shall make findings and put forward

recommendations to the Associate Minister with respect to improving the safety

of and preventing hate crimes and hate motivated incidents against Two-Spirit,

lesbian, gay, bisexual, transgender, queer, intersex and additional sexually

and gender diverse people in Ontario.

Same

(2) The

Ontario 2SLGBTQI+ Safety Advisory Committee shall advise the Associate Minister

regarding how government action on the following matters could improve the

safety of and prevent hate crimes and hate motivated incidents against

Two-Spirit, lesbian, gay, bisexual, transgender, queer, intersex and additional

sexually and gender diverse people in Ontario:

1. Housing

and homelessness.

2. Health,

including mental health, addiction and gender affirming health care services.

3. Education

curriculum, programs and campaigns to combat and eliminate bigotry.

4. Hate

crime prevention and processes for reporting and investigating hate crimes.

5. Any

other matter that the Advisory Committee considers to be relevant in performing

its functions under this subsection.

Same

(3) In

performing its functions under this section, the Ontario 2SLGBTQI+ Safety

Advisory Committee shall, as appropriate,

(

a) consult

with stakeholders;

(

b) make

calls for public submissions and review such submissions;

(

c) conduct

surveys; and

(

d) review

any federal, provincial or territorial action plans or other applicable

documents on the rights and equality of Two-Spirit, lesbian, gay, bisexual,

transgender, queer, intersex and additional sexually and gender diverse people

in Canada.

Annual

report to Associate Minister

(1) On

or before the day that is one year after the day the Ontario 2SLGBTQI+ Safety

Advisory Committee is established and at least every year thereafter, the

Advisory Committee shall provide its findings and put forward recommendations

in the form of an annual report to the Associate Minister.

Tabling

of report

(2) The

Associate Minister shall cause the annual report to be tabled in the

Legislative Assembly within 60 days after receiving it.

Publication

(3) The

Associate Minister shall publish the annual report on a Government of Ontario

website within 14 days after the day on which the report is tabled in the

Legislative Assembly.

Associate

Minister’s response

(4) On

or before the day that is 60 days after the Associate Minister tables the

annual report, the Associate Minister shall inform the Legislative Assembly of

the Associate Minister’s recommendations and proposed actions in response to

the report, including any action that the Associate Minister recommends for a

ministry to take in response to the report.

Financial

support

(5) Subject

to subsection (6), the Associate Minister may determine the financial support

required to implement the Associate Minister’s recommendations and proposed

actions in response to the annual report.

Appropriation

required

(6) Subsection

(5) only applies to the extent that the Legislature has appropriated funds for

the purposes of that subsection.

Commencement

The Act set out in this

Schedule comes into force on the day the Keeping 2SLGBTQI+ Communities Safe Act, 2023 receives

Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Ontario 2SLGBTQI+ Safety Advisory Committee Act, 2023 .

Date Bill stage Event Outcome Committee

April 4, 2023

First Reading

Ordered for Second Reading

April 4, 2023

First Reading

Vote

Carried

First Reading

April 4, 2023

Carried

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