Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2014 Naqvi, Hon. Yasir Minister of Community Safety and Correctional Services — Bill 35 (41st Parliament, 1st Session)

Bill 35, 41-1

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Bill 35, Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2014

Naqvi, Hon. Yasir Minister of Community Safety and Correctional Services

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[41] Bill 35 Royal Assent (PDF)

Bill 35 2014

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, 2014

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, 2014 .

Schedule

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Public Works Protection Act is repealed.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

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,

while the person is on, entering or attempting to enter premises where court

proceedings are conducted, and

iii. any

property in the custody or care of the person.

3. Search,

without warrant, using reasonable force if necessary,

i. a

person in custody 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 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 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 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 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.

Accommodation

(6) When a person who is authorized by a

board or by the Commissioner as described in subsection (1) exercises powers

under this

section with respect to other persons, he or she shall ensure that

those persons are accommodated in accordance with the Canadian

Charter of Rights and Freedoms and the Human Rights

Code , and this includes accommodation in connection with creed or

disability.

Offences

(1) A

person is guilty of an offence if,

(

a) after

being required 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 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.

Powers

not affected

Judicial

powers

(1) Nothing

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

officer to control court proceedings.

Same

(2) Nothing in this Part affects the right

of a judge or judicial officer to have access to premises where court

proceedings are conducted.

Powers

of persons providing court security

(3) 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

141. 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 governing the exercise of

the powers conferred by

section 138, including,

(

a) regulations

imposing restrictions, limitations and conditions on the exercise of those

powers;

(

b) regulations

for the purpose of safeguarding the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code, including regulations that provide for

the accommodation of persons in connection with creed or disability.

General

or particular

(2) A regulation made under subsection (1) 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, 2014

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. 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. Search,

without warrant,

i. a

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

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 the premises, and

iii. any

property in the custody or care of the person.

3. Refuse

to allow a person to enter the premises or bring property onto the premises,

and use reasonable force if necessary to prevent the person from doing so.

4. Demand

that a person immediately leave the premises or immediately remove property in

the custody or care of the person from the premises, and use reasonable force

if necessary to remove the person or the property.

Arrest

(1) A

peace officer may arrest, without warrant, any person who,

(

a) after

being required to produce identification or provide information und

Document details

Collection	Ontario — Bills
Citation	Bill 35, 41-1
Type	bill
Volume / chapter	p41 s1 bill 35 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d276d0c3c1f7afd8e08095be3ebf7df3c69a072a

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