Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2012 Meilleur, Hon. Madeleine Minister of Community Safety and Correctional Services — Bill 34 (40th Parliament, 1st Session)

Bill 34, 40-1

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Bill 34, Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2012

Meilleur, Hon. Madeleine Minister of Community Safety and Correctional Services

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[40] Bill 34 As Amended by Standing Committee (PDF)

Bill 34 2012

An Act to repeal the Public Works

Protection Act, amend the Police Services Act with respect to court security

and enact the Security for Electricity Generating Facilities and Nuclear

Facilities Act, 2012

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

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) Subject

to subsections (2) and (3), this Act comes into force on the day it receives

Royal Assent.

Schedules

(2) The Schedules to this Act come into force as provided

in each Schedule.

Same

(3) If a

Schedule to this Act provides that any 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 Security for Courts, Electricity Generating Facilities and Nuclear

Facilities Act, 2012 .

Schedule 1

repeal of public works protection act

Repeal

1. The

Public Works Protection

Act is repealed.

Commencement

2. This

Schedule comes into force on a day to be named by proclamation of the Lieutenant

Governor.

schedule 2

amendments to police services ACT

Part X of the Police Services Act is amended by

adding the following sections:

Powers of person

providing court security

(1) A person who

is authorized by a board to act in relation to the board's responsibilities

under subsection 137 (1) or who is authorized by the Commissioner to act in

relation to the Ontario Provincial Police's responsibilities under subsection 137

(2) may exercise the following powers if it is reasonable to do so for the

purpose of fulfilling those responsibilities:

1. Require a person who is

entering or attempting to enter premises where court proceedings are conducted or

who is on such premises,

i. to produce

identification to identify

himself or herself , and

ii. to provide information for the

purpose of assessing whether the person poses a security risk.

2. Search, without warrant,

i. a person who is entering or

attempting to enter premises where court proceedings are conducted or who is on

such premises,

ii. any

vehicle that the person is driving or in which the person is a passenger, and

ii. any vehicle that the person is

driving, or in which the person is a passenger, while the person is on,

entering or attempting to enter premises where court proceedings are conducted,

and

iii. any other property in the custody or

care of the person.

3. Search, without warrant,

using reasonable force if necessary,

i. a person who is in custody and who is

on premises where court proceedings are conducted or is being transported to or

from such premises, and

ii. any property in the custody or care

of the person.

4. Refuse to allow a person to

enter premises where court proceedings are conducted, and use reasonable force if

necessary to prevent the person's entry,

i. if the person refuses to

produce identification to identify

himself or herself or provide information under paragraph 1 or

refuses to submit to a search under paragraph 2,

ii. if there is reason to believe that

the person poses a security risk, or

iii. for any other reason relating to the

fulfilment of the board's responsibilities under subsection 137 (1) or the Ontario

Provincial Police's responsibilities under subsection 137 (2).

5. Demand

that a person immediately leave premises where court proceedings are conducted,

and use reasonable force if necessary to remove the person,

i. if

the person refuses to produce identification to

identify himself or herself or provide information under paragraph

1 or refuses to submit to a search under paragraph 2,

ii. if

there is reason to believe that the person poses a security risk, or

iii. for

any other reason relating to the fulfilment of the board's responsibilities

under subsection 137 (1) or the Ontario Provincial Police's responsibilities

under subsection 137 (2).

Arrest

(2) A person who is authorized by a board or by the

Commissioner as described in subsection (1) may arrest, without warrant, any

person who,

(

a) after

being required to produce identification to

identify himself or herself or provide information under paragraph

1 of subsection (1), enters or attempts to enter premises where court

proceedings are conducted without

producing the identification without

identifying himself or herself or providing the information;

(

b) after

being directed to submit to a search under paragraph 2 of subsection (1),

enters or attempts to enter premises where court proceedings are conducted

without submitting to the search;

(

c) enters

or attempts to enter premises where court proceedings are conducted, after a refusal

under paragraph 4 of subsection (1); or

(

d) does

not immediately leave premises where court proceedings are conducted, after

being demanded to do so under paragraph 5 of subsection (1).

Reasonable

force

(3) Reasonable force may be used if necessary to make the

arrest.

Delivery

to police officer

(4) If the person who makes the arrest is not a police

officer, he or she shall promptly call for the assistance of a police officer

and give the person arrested into the custody of the police officer.

Deemed arrest

(5) A police officer to whom the custody of a person is

given under subsection (4) shall be deemed to have arrested the person for the

purposes of the provisions of the Provincial Offences Act applying to his or her release or

continued detention and his or her bail.

Reasonable

accommodation

(6) In

exercising the powers conferred by this section, reasonable accommodation shall

be made with respect to a person's religious beliefs or in relation to the

needs of a person with a disability.

Offences

(1) A

person is guilty of an offence if,

(

a) after

being required to produce identification to

identify himself or herself or provide information under paragraph

1 of subsection 138 (1), the person enters or attempts to enter premises where

court proceedings are conducted without

producing the identification without

identifying himself or herself or providing the information;

(

b) after

being directed to submit to a search under paragraph 2 of subsection 138 (1),

the person enters or attempts to enter premises where court proceedings are

conducted without submitting to the search;

(

c) the

person enters or attempts to enter premises where court proceedings are

conducted, after a refusal under paragraph 4 of subsection 138 (1); or

(

d) the

person does not immediately leave premises where court proceedings are

conducted, after being demanded to do so under paragraph 5 of subsection 138

(1).

Penalty

(2) A person who is convicted of an offence under this

section is liable to a fine of not more than $2,000 or to imprisonment for a

term of not more than 60 days, or to both.

derogation

judicial powers

(1) Nothing

in this Part derogates from or replaces the power of a judge or judicial officer

to control court proceedings.

powers of persons providing court security

(2) Nothing in this Part derogates from or replaces any

powers that a person authorized by a board or by the Commissioner as described

in subsection 138 (1) otherwise has under the law.

Privilege preserved

(3) Nothing

in this Part shall operate so as to require the disclosure of information that

is subject to solicitor-client privilege, litigation privilege or settlement

privilege, or permit the review of documents containing such information.

Regulations,

court security powers

(1) The

Lieutenant Governor in Council may make regulations respecting the exercise of

the powers conferred by

section 138 for the purposes of safeguarding the rights

and freedoms guaranteed by the Canadian

Charter of Rights and Freedoms and the Human Rights Code

and, without limiting the generality of the foregoing, the regulations may

provide for the accommodation of persons on the basis of creed or disability.

Same

(2) A

regulation made under subsection (1) may be general or particular in its

application.

Regulations,

search powers

141.1 The

Lieutenant Governor in Council may make regulations governing the exercise of

the powers conferred by

section 138, including imposing restrictions,

limitations and conditions on the exercise of those powers.

Regulations,

reasonable accommodation

142. The

Lieutenant Governor in Council may make regulations governing the accommodation

of religious beliefs and the needs of persons with a disability in relation to

the exercise of the powers conferred by

section 138.

Regulations,

general or particular

144. A

regulation made under this Part may be general or particular in its application.

Commencement

2. This

Schedule comes into force on a day to be named by proclamation of the Lieutenant

Governor.

schedule 3

security for electricity generating facilities and nuclear facilities act, 2012

Interpretation

(1) In this Act,

"nuclear facility" means a facility referred to in

the definition of "nuclear facility" in the Nuclear Safety and Control Act (Canada);

("installation nucl é aire")

"premises

where a restricted access facility is located" means, with respect to a

particular restricted access facility, any real property relating to the

restricted access facility that is under the direct control of its operator,

including any buildings and structures on that property; (" lieux

où est située une installation à accès restreint ")

"prescribed" means prescribed by the

regulations; ("prescrit")

"regulations" means the regulations

made under this Act; ("règlements")

"restricted access facility" means,

(

a) a prescribed electricity

generating facility, and

(

b) a prescribed nuclear

facility; ("installation à accès restreint")

"security services" includes,

without limitation, guarding or patrolling for the purpose of protecting

persons or property. (" services de sécurité ")

Same

(2) A reference in

this Act to premises includes a portion of the premises.

Appointment to provide security services

2. A person may be appointed in

accordance with the regulations to provide security services in relation to

premises where a restricted access facility is located.

Appointee is peace officer

3. Subject to the regulations, a

person appointed under

section 2 to provide security services in relation to

premises where a restricted access facility is located is a peace officer while

engaged in providing those services.

Powers relating to security services for restricted

access facilities

4. A peace officer may exercise

the following powers if it is reasonable to do so for the purpose of providing

security services in relation to premises where a restricted access facility is

located:

1. Request Require

a person who wishes to enter the premises or who is on the

premises,

i. to produce identification, and

ii. to provide information for the

purpose of assessing whether the person poses a security risk.

2. If the

person consents, conduct a search of,

2. Search,

without warrant,

i. a person who

Document details

Collection	Ontario — Bills
Citation	Bill 34, 40-1
Type	bill
Volume / chapter	p40 s1 bill 34 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c74cd92c5d732ef60eb465056f4df92235c0a7c0

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