First

Session, 50th General Assembly

Elizabeth II, 2022

BILL 51

AN ACT RESPECTING

ACCESS TO HEALTH AND EDUCATIONAL SERVICES

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HOGAN, QC

Minister of Justice

and Public Safety and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Access to Health and Educational Services Act . The Bill would establish safe access zones around facilities in which health and

educational services are provided.

A BILL

AN ACT RESPECTING ACCESS TO HEALTH AND

EDUCATIONAL SERVICES

Analysis

Short title

Definitions

Activities restricted in access zone

Access zone

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 Health

and Educational Services Act.

Definitions

2. In

this Act

(a) "access zone" means an access zone

established under

section 4;

(b) "health care facility" means

(

i) a facility at which

health services are provided , or

(ii) a health care facility prescribed in the

regulations,

but does not include a health care facility

that is excluded under the regulations;

(c) "health services" means an

observation, examination, assessment, service or procedure or care in relation

to a patient that is carried out, provided or undertaken by or under the

authority of a regional health authority and includes

(

i) health screening,

protection and promotion,

(ii) continuing and long

term care,

(iii) community health

services,

(iv) mental health and

addiction services,

(

v) treatment of illness

and injury,

(vi) hospital care,

(vii) evaluation, research

and quality assurance,

(viii) diagnostic services,

(ix) ambulance services,

(

x) vaccination clinics, or

(xi) those other services

or procedures prescribed in the regulations;

(d) "health service provider" means a person who

(

i) is employed by a

regional health authority to provide a health service,

(ii) is under contract

with a regional health authority to provide a health service, or

(iii) receives funding or

payment from the government of the province to provide a health service and

provides that health service under the authority of a regional health

authority;

(e) "interference" means

(

i) persistently and repeatedly advising or

persuading, or attempting to advise or persuade, a person to refrain from

accessing health services or programming or services provided at a school, or

(ii) persistently and repeatedly advising or

persuading, or attempting to advise or persuade, a person to refrain from providing or facilitating the provision of health

services or programming or services provided at a school;

(f) "regional health authority" means a

regional health authority as defined in the Regional

Health Authorities Act ; and

(g) "school" means

(

i) a school as defined in the Schools Act, 1997 and to which that Act

applies, or

(ii) a school prescribed in the regulations.

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) physically interfere with or attempt to

interfere with a person; or

(

c) intimidate or attempt to intimidate a person.

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

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

Police may carry out their duties in an access zone.

(3) Nothing in this

section affects a right

granted or activity authorized under the

Interns and Residents Collective Bargaining Act , the Labour Relations Act , the Public

Service Collective Bargaining Act or the Teachers' Collective Bargaining Act .

Access zone

(1) An

access zone is established around every

(

a) health care facility; and

(

b) school.

(2) An access zone established under subsection

(1) includes the land on which a health care facility or school is located and

an area that extends out 50 metres from the boundaries of the land on which the

health care facility or school is located.

(3) An access zone established under subsection

(1) does not include

(

a) private property

outside the land on which the health care facility or school is located, other

than private property that the owner or operator of the health care facility or

school owns or has an exclusive right to use or occupy; or

(

b) any portion of the land on which the health

care facility or school is located that a person other than the owner or

operator of the health care facility or school has an exclusive right to use or

occupy.

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

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

care facility or school.

Injunction

(1) On

application by a person, including the Attorney General, the Supreme Court 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 who contravenes subsection 3(1) commits an offence.

(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

7. The

Lieutenant-Governor in Council may make regulations

(

a) prescribing health care facilities for the

purpose of paragraph 2(b);

(

b) excluding facilities at

which health services are provided for the purpose of paragraph 2(b);

(

c) prescribing a service or procedure as a health

service;

(

d) prescribing schools for the purpose of

paragraph 2(g);

(

e) decreasing the distance referenced in

subsection 4(2) with respect to an access zone;

(

f) defining a word or expression that is used but

not defined in this Act; and

(

g) generally, to give effect to the purpose of

this Act.

Queen's Printer