Prohibition Against Government Funding of the Promotion of Hatred Act, 2011 Shurman, Peter — Bill 171 (39th Parliament, 2nd Session)

Bill 171, 39-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 171, Prohibition Against Government Funding of the Promotion of Hatred Act, 2011

Shurman, Peter

Please select

View bill

Status

Debates

Acts affected

Original

[39] Bill 171 Original (PDF)

Bill 171 2011

An Act to amend the Financial Administration Act to prohibit

government funding for the promotion of hatred

Note:

This Act amends the Financial

Administration Act . For the legislative history of the Act, 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:

Part II of the Financial Administration Act is amended

by adding the following section:

No funding for the promotion of hatred

16.2

(1) In

this section,

"communicate"

includes to communicate by telephone, broadcasting or other audible or visible

means; ("communiquer")

"identifiable group" means a group of persons determined by gender, colour,

race, religion, ethnic origin or sexual orientation; ("groupe identifiable")

"public place" includes any place to which the public has access as of

right or by invitation, express or implied; ("lieu public")

"statement" includes,

(

a) words

spoken or written or recorded electronically or electro-magnetically or

otherwise, and

(

b) gestures,

signs or other visible representations. ("d éclaration ")

No funding from Consolidated Revenue Fund

(2) No money shall be paid out of the Consolidated Revenue

Fund to any person or body if it is reasonably likely that the person or body

will use the money to incite hatred or contempt against any person or group of

persons, including an identifiable group, by communicating statements in a

public place.

No funding by ministry or Crown agency

(3) No ministry or public entity shall pay any money from its

funds held outside the Consolidated Revenue Fund to any person or body if it is

reasonably likely that the person or body will use the money to incite hatred

or contempt against any person or group of persons, including an identifiable

group, by communicating statements in a public place.

Recovery of money

(4) The Crown, a minister or a public entity may commence

and maintain an action in a court of competent jurisdiction to recover any sum

of money paid to any person or body contrary to subsection (2) or (3), as the

case may be, if the person or body has used the money to incite hatred or

contempt against any person or group of persons, including an identifiable

group, by communicating statements in a public place.

Offence

(5) A person that receives any sum of money contrary to

subsection (2) or (3) and that uses the money to incite hatred or contempt

against any person or group of persons, including an identifiable group, by

communicating statements in a public place is guilty of an offence.

Same, corporation

(6) If a corporation commits an offence under subsection

(5), a director, officer, employee or agent of the corporation who directed, authorized,

assented to, acquiesced in or failed to take all reasonable care to prevent the

commission of the offence, or who participated in the commission of the

offence, is also guilty of the offence, whether the corporation has been

prosecuted for the offence or not.

Same, body

(7) If a body receives any sum of money contrary to

subsection (2) or (3) and uses the money to incite hatred or contempt against

any person or group of persons, including an identifiable group, by

communicating statements in a public place, an officer, employee or agent of

the body who directed, authorized, assented to, acquiesced in or failed to take

all reasonable care to prevent the use of the money or who so used the money is

guilty of an offence.

Penalty

(8) A person who is guilty of an offence under this

section with respect to a sum of money received is liable, on conviction,

(

a) in

the case of a first conviction, to a fine of not less than 5 per cent of the

money received; and

(

b) in

the case of a subsequent conviction, to a fine of not less than 25 per cent of

the money received.

Commencement

2. This Act comes into force on the day it

receives Royal Assent.

Short title

3. The

short title of this Act is the Prohibition Against Government

Funding of the Promotion of Hatred Act, 2011 .

EXPLANATORY NOTE

The

Bill prohibits the Government from funding any person or body if it is

reasonably likely that the person or body will use the money to incite hatred

or contempt against any person or group of persons, including an identifiable

group determined by gender, colour, race, religion, ethnic origin or sexual

orientation, by communicating statements in a public place. The Bill creates an

offence for receiving such funding.

Date Bill stage Activity Committee

March 28, 2011

First Reading

Carried

Debates and Progress

First Reading

March 28, 2011

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 171

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Financial Administration Act

Legislative Assembly of Ontario

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 171, 39-2
Type	bill
Volume / chapter	p39 s2 bill 171 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e2002c9ba8d4319bcb36aad2f2a40e7e5aff3d5d

Source file is stored in the law ingest library (html).