First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 43

AN ACT TO CREATE SAFE

ACCESS ZONES AROUND FACILITIES AND HOMES OF DOCTORS AND SERVICE PROVIDERS

PROVIDING OR FACILITATING ABORTION SERVICES

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

ANDREW PARSONS

Minister of Justice and Public Safety and Attorney

General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would create safe access

zones around facilities and the residences and offices of doctors and other

persons who provide, or facilitate the provision of, abortion services.

A BILL

AN ACT TO CREATE SAFE ACCESS ZONES AROUND FACILITIES

AND HOMES OF DOCTORS AND SERVICE PROVIDERS PROVIDING OR FACILITATING ABORTION

SERVICES

Analysis

Short title

Definitions

Activities restricted in access zone

No graphic recording in access zone

No harassment

Access zone - facilities

Access zone - residences of doctors and

service providers

Access zone - doctors' offices

Notice

Damages

Injunction

Offence and penalties

Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Access to

Abortion Services Act .

Definitions

2. In

this Act

(a) "abortion services" means lawful

medical services provided for the termination of pregnancy;

(b) "access zone" means a zone established under

section 6, 7 or

(c) "beset" means

(

i) to continuously or repeatedly observe

(

A) a patient, service provider or doctor who

provides abortion services,

(

B) a residence of a patient, service provider or doctor

who provides abortion services, or

(

C) a building in which abortion services are

provided, or

(ii) to place oneself close to, and persistently

request that

(

A) a patient refrain from accessing abortion

services, or

(

B) a service provider or doctor who provides

abortion services refrain from providing abortion services;

(d) "doctor" means a member of the College of Physicians

and Surgeons of Newfoundland and Labrador ;

(e) "facility" means a hospital, clinic

or doctor's office in which abortion services are provided;

(f) "interference" means

(

i) advising or persuading, or attempting to

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

(ii) informing or attempting to inform a person

concerning issues related to abortion services,

by any means, including graphic, verbal or

written means;

(g) "patient" means a person who is in

an access zone in the course of accessing abortion services, and includes any

other person, other than a service provider or doctor who provides abortion

services, accompanying him or her;

(h) "protest" includes any act of

disapproval or attempted act of disapproval, concerning issues related to

abortion services, by any means, including graphic, verbal or written means;

(i) "residence" means the usual place

where a person makes his or her home; and

(j) "service provider" means a person,

other than a doctor, who provides, or facilitates the provision of, abortion

services.

Activities

restricted in access zone

(1) While

in an access zone, a person shall not do any of the following:

(

a) engage in interference;

(

b) protest;

(

c) beset;

(

d) physically interfere with or attempt to

interfere with a patient, service provider or doctor who provides abortion

services; or

(

e) intimidate or attempt to intimidate a patient,

service provider or doctor who provides abortion services.

(2) Notwithstanding subsection (1), a member of

the Royal Newfoundland Constabulary or a member of the Royal Canadian Mounted

Police may carry out his or her duties in an access zone.

(3) In a prosecution under paragraph (1)(a), it is

a defence if the defendant establishes that he or she was

(

a) a patient;

(

b) a service provider; or

(

c) a doctor who provides abortion services.

No graphic

recording in access zone

4. A

person shall not photograph, film, videotape, sketch or in any other way

graphically record a patient, service provider or doctor who provides abortion

services while the patient, service provider or doctor who performs abortion

services is in an access zone, for the purpose of dissuading that person from

providing, facilitating the provision of or accessing abortion services.

No harassment

(1) A

person shall not do any of the following for the purpose of dissuading a

service provider or doctor who provides abortion services from providing or facilitating

the provision of abortion services:

(

a) repeatedly approach, accompany or follow the service

provider or doctor who provides abortion services or a person known to the

service provider or doctor who provides abortion services;

(

b) beset; or

(

c) engage in threatening conduct directed at the service

provider or doctor who provides abortion services or a person known to the

service provider or doctor who provides abortion services.

(2) A person shall not repeatedly communicate by

telephone, facsimile or electronic means with another person without his or her

consent for the purpose of dissuading a service provider or doctor who provides

abortion services from beginning or continuing to provide, or to facilitate the

provision of, abortion services.

Access zone -

facilities

(1) The

Lieutenant-Governor in Council may establish, by regulation, an access zone for

a specific facility.

(2) An access zone established under subsection

(1) includes the land on which the facility is located and a prescribed area

that extends out a distance not exceeding 50 metres from the boundaries of the

land on which the facility is located.

(3) An access zone established under subsection

(1) does not include private property outside the land on which the facility is

located, other than private property that the operator of the facility has an

exclusive right to use or occupy.

(4) A regulation made under subsection (1) may

establish access zones with different dimensions for different facilities.

Access zone - residences

of doctors and service providers

(1) An

access zone is established for the residence of every doctor who provides

abortion services.

(2) The Lieutenant-Governor in Council may

establish by regulation an access zone for the residences of a class of service

providers or the residence of a specific service provider.

(3) An access zone established under subsection

(1) or (2) includes the land on which the residence is located and an area that

extends out 160 metres from the boundaries of the land on which the residence

is located.

(4) An access zone established under subsection

(1) or (2) does not include private property outside the land on which the

residence is located, other than private property that the service provider or

doctor who provides abortion services has an exclusive right to use or occupy.

(5) The Lieutenant-Governor in Council may

decrease, by regulation, the distance referred to in subsection (3) for a

specific residence.

Access zone -

doctors' offices

(1) An

access zone is established for the office of every doctor who provides abortion

services.

(2) An access zone established under subsection

(1) includes the land on which the office is located and an area that extends

out 10 metres from the boundaries of the land on which the office is located.

(3) An access zone established under subsection

(1) does not include private property outside the land on which the office is

located, other than private property that the doctor who provides abortion

services has an exclusive right to use or occupy.

(4) The Lieutenant-Governor in Council may vary,

by regulation, the distance referred to in subsection (2) for a specific

building, up to a maximum of 20 metres.

Notice

9. A

person shall only be convicted of contravening subsection 3(1) or

section 4 in

an access zone if the person knew, or, at any time before the contravention,

was given notice of, the location of the access zone.

Damages

10. A

person who suffers loss as a result of a contravention of this Act by another

person may recover damages from the other person for the loss.

Injunction

(1) On

application by a person, including the Attorney General, the Trial Division may

grant an injunction to restrain a person from contravening a provision of this

Act.

(2) An injunction may be granted under subsection

(1) whether or not a penalty or other remedy is provided by this Act.

Offence and

penalties

(1) A

person commits an offence who contravenes subsection 3(1),

section 4 or section

(2) A person is liable on a first conviction for

an offence to a fine of not more than $5,000 or to imprisonment for not more

than 6 months, or to both.

(3) A person is liable on a second or subsequent

conviction for an offence to

(

a) a fine of not less than $1,000 and not more

than $10,000; or

(

b) both a fine under paragraph (

a) and

imprisonment for not more than one year.

Regulations

13. The

Lieutenant-Governor in Council may make regulations

(

a) establishing access zones for specific

facilities;

(

b) establishing access zones for the residences

of a class of service providers or the residence of a specific service

provider;

(

c) varying access zones for specific buildings

where a doctor's office is located;

(

d) decreasing the access zones for specific

residences of doctors who provide abortions services;

(

e) defining a word or expression that is not

defined in this Act; and

(

f) generally, to give effect to the purpose of

this Act.

Queen's Printer