Standing Up Against Anti-Semitism in Ontario Act, 2016 Hudak, Tim Colle, Mike — Bill 202 (41st Parliament, 1st Session)

Bill 202, 41-1

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Bill 202, Standing Up Against Anti-Semitism in Ontario Act, 2016

Hudak, Tim

Colle, Mike

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[41] Bill 202 Original (PDF)

Bill 202 2016

Act respecting participation in boycotts and other anti-Semitic actions

Preamble

The

State of Israel is the strongest ally and friend of Canada in the Middle East

because of a shared commitment to democracy, freedom and human rights. The international

boycott, divestment and sanctions ("BDS") movement is one of the main vehicles

for spreading anti-Semitism and the delegitimization of Israel globally and is

increasingly promoted on university campuses in Ontario.

The

BDS movement violates the principle of academic freedom and promotes a climate

of anti-Jewish and anti-Israel speech leading to intimidation and violence on

campuses.

The

BDS movement's agenda is inherently antithetical to and deeply damaging to peace

in the Middle East.

Ontarians

have a history of promoting the right to work and study in safe and inclusive

environments while standing against hateful divisions, intolerance, exclusions

and hostility based on ethnicity, national origin and religion.

The

Ontario Legislative Assembly denounces the anti-Jewish and anti-Israeli BDS movement

for promoting a climate of hatred, intimidation, intolerance and violence

against the Jewish people.

Therefore,

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

the Province of Ontario, enacts as follows:

Definitions

1. In

this Act,

"BDS

movement" means the political movement whose primary purpose is to boycott,

divest from and apply sanctions against,

(

a) Israel

and Israeli academics, students, corporations, businesses and cultural

institutions,

(

b) corporations,

businesses and cultural institutions owned by Jewish Canadians, and

(

c) corporations,

businesses and cultural institutions affiliated with Jewish Canadians or with

Israel; ("mouvement BDS")

"public pension fund" means a pension fund maintained to

provide benefits under or related to a pension plan provided by a public body;

("caisse de retraite publique")

"public body" means,

(

a) any ministry,

agency, board, commission, official or other body of the Government of Ontario,

(

b) any

municipality in Ontario, or

(

c) a

local board, as defined in the

Municipal Affairs Act , and any authority,

board, commission, corporation, office or organization of persons some or all

of whose members, directors or officers are appointed or chosen by or under the

authority of the council of a municipality in Ontario. ("organisme public")

Contracts

(1) A

public body shall not enter into a contract with a person or entity that

supports or participates in the BDS movement.

Same

(2) If a public body discovers that a

person or entity with which it has entered into a contract supports or

participates in the BDS movement, the contract shall immediately terminate.

Exception

(3) A contract is exempt from the

requirement set out in subsection (1) if the public body makes a determination

that the goods or services offered in the contract are necessary to perform the

public body's functions and that the public body would otherwise be unable to

obtain such goods or services.

Pension

funds, college and university foundations

(1) Every

board of a public pension fund and of every college or university foundation shall

ensure that the pension fund or foundation does not invest in any entity that supports

or participates in the BDS movement.

Termination

of investment

(2) If a board of a public pension fund or

of a college or university foundation determines that the fund or foundation has

invested in an entity that supports or participates in the BDS movement, the

board shall terminate the investment, in an orderly and fiduciarily responsible

manner, within 12 months of the determination, unless the entity provides proof

that it no longer supports or participates in the BDS movement before the

expiry of that time.

Colleges and universities

(1) No

college or university shall support or participate in the BDS movement.

Same

(2) If a college or university contravenes

subsection (1), the consequences set out in the regulations shall apply to the

college or university.

Regulations

5. The

Lieutenant Governor in Council may make regulations,

(

a) governing

the consequences that shall apply to a college or university that contravenes

subsection 4 (1); and

(

b) governing

any other matter that may arise in the implementation of this Act.

Commencement

6. This

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

Short

title

7. The

short title of this Act is the Standing Up Against

Anti-Semitism in Ontario Act, 2016 .

EXPLANATORY

NOTE

The

Standing Up Against Anti-Semitism in Ontario Act, 2016

is enacted. The Act enacts various prohibitions relating to the support of or

participation in the boycott, divestment and sanctions movement ("BDS

movement") by government contractors, public pension funds, college and

university foundations and colleges and universities. The BDS movement is

defined as the political movement whose primary purpose is to boycott, divest

from and apply sanctions against Israel and various persons, corporations,

businesses and cultural institutions that are Israeli, owned by Jewish

Canadians or affiliated with Jewish Canadians or with Israel.

The

Act provides that no public body may contract with any person or entity that

supports or participates in the BDS movement. If a contractor does support or

participate in the BDS movement, the contract will be terminated.

Public

pension funds and foundations of colleges and universities are prohibited from

investing in any entity that supports or participates in the BDS movement. If

such an entity does support or participate in the BDS movement, the pension

fund or foundation will terminate its investment in the entity.

The

Act also prohibits colleges and universities from supporting or participating

in the BDS movement.

Date Bill stage Activity Committee

May 19, 2016

Second Reading

Lost on division

May 19, 2016

Second Reading

Debate

May 17, 2016

First Reading

Carried

Debates and Progress

First Reading

April 20, 2016

Committee

Second Reading

May 19, 2016

Mr. Tim Hudak, Ms. Peggy Sattler, Hon. Michael Coteau, Mr. Mike Harris, Mr. Mike Colle, Mr. Lorne Coe, Mr. Jagmeet Singh, Mrs. Gila Martow, Mr. Arthur Potts.

May 19, 2016

Lost on recorded division.

Committee

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 202, 41-1
Type	bill
Volume / chapter	p41 s1 bill 202 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	fa5929e1c92cb9326bc1921dbb012189ec563cdc

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