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Bill 208, Sacred Spaces, Safe Places Act, 2024

Fraser, John

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Status

Debates

Original

Bill 208 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Sacred Spaces, Safe Places Act, 2024 .

Section

1 provides that the purpose of the Act is to protect access to religious

institutions.

Section

2 defines a religious institution as being a building or structure, or part of

a building or structure, that is primarily used for religious worship,

including a church, mosque, synagogue or temple, or a cemetery.

Section

3 prohibits certain activities in an access zone for a religious institution,

which include advising a person to refrain from accessing the institution, persistently

requesting that a person refrain from accessing the institution or certain

actions for the purpose of dissuading a person from accessing the institution.

Section

4 establishes access zones for religious institutions and provides for the

extent of the zones.

Sections

5 to 9 provide for enforcement.

Section 5 provides for offences, while

section

6 provides that a person may not be convicted of an offence for contravening a

prohibition in an access zone unless the person knew or, at any time before the

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

Section 7 provides for a right to damages for losses resulting from

contraventions.

Section 8 gives the Superior Court of Justice the power to

grant an injunction, on an application by a person, to restrain a person from

contravening a prohibition under

section

Section 9 provides for powers of

arrest without a warrant.

Bill 208 2024

Act respecting the safe access to religious institutions

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Purpose

of Act

The

purpose of this Act is to protect access to religious institutions by

protecting the safety, security, health and privacy of persons seeking to

access these institutions.

Definitions

this Act,

“property”,

in relation to a religious institution, means,

(

a) property

within the meaning of the Land Titles Act if that

Act applies to the land where the religious institution is located, or

(

b) property

within the meaning of the Registry Act if that Act

applies to the land where the religious institution is located; (“unité

foncière”)

“religious

institution” means a building or structure, or part of a building or structure,

that is primarily used for religious worship, including a church, mosque,

synagogue or temple, or a cemetery. (“établissement religieux”)

Prohibitions

in access zones for religious institutions

(1) While

in an access zone established under

section 4 for a religious institution, no

person shall,

(

a) advise

or persuade, or attempt to advise or persuade, a person to refrain from

accessing the institution;

(

b) persistently

request that a person refrain from accessing the institution;

(

c) for

the purpose of dissuading a person from accessing the institution,

(

i) continuously

or repeatedly observe the institution or persons entering or leaving the institution,

(ii) physically

interfere with or attempt to physically interfere with the person,

(iii) intimidate

or attempt to intimidate the person, or

(iv) repeatedly

approach, accompany or follow the person or a person known to the person; or

(

d) engage

in threatening conduct.

Same

(2) No

person shall repeatedly communicate by telephone, fax or electronic means with

a person for the purpose of dissuading the person from accessing the

institution, after the person being communicated with has requested that such

communications cease.

Access

zones religious institutions

(1) An

access zone is established for each religious institution.

Extent

of zone

(2) The

access zone established under subsection (1) consists of the property on which

the religious institution is located and the area within 150 metres from the

boundaries of the property.

Offences

person who contravenes

section 3 is guilty of an offence and, on conviction, is

liable,

(

a) in

the case of a first offence under this Act, to a fine of not more than $5,000

or to imprisonment for a term of not more than six months, or to both;

(

b) in

the case of a second or subsequent offence under this Act, to a fine of not

less than $1,000 and not more than $10,000 or to imprisonment for a term of not

more than one year, or to both.

Limit

on conviction — knowledge or notice of zone

person may not be convicted of an offence for contravening

section 3 unless the

person knew or, at any time before the contravention, was given notice of, the

location of the relevant access zone.

Damages

person who suffers loss as a result of a contravention of

section 3 by another

person has a right of action for damages against that person.

Injunction

application by a person, including the Attorney General, the Superior Court of

Justice may grant an injunction to restrain a person from contravening

section

Arrest

without warrant

police officer may arrest without warrant a person the officer believes, on

reasonable and probable grounds, has committed, or is committing, an offence

under this Act.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Sacred Spaces, Safe

Places Act, 2024 .

Date Bill stage Event Outcome Committee

June 5, 2024

First Reading

Ordered for Second Reading

June 5, 2024

First Reading

Vote

Carried

First Reading

June 5, 2024

Carried

Ordered for Second Reading

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