[37] Bill 8 Royal Assent (PDF)
Bill 8
Bill 81999
An Act to promote safety in Ontario by prohibiting aggressive solicitation, solicitation of persons in certain places and disposal of dangerous things in certain places, and to amend the Highway Traffic Act to regulate certain activities on roadways
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definition
1. In sections 2 and 3, "
solicit" means to request, in person, the immediate provision of money or another thing of value, regardless of whether consideration is offered or provided in return, using the spoken, written or printed word, a gesture or other means.
Definition
2. (1) In this section, "
aggressive manner" means a manner that is likely to cause a reasonable person to be concerned for his or her safety or security.
Solicitation in aggressive manner prohibited
(2) No person shall solicit in an aggressive manner.
Examples
(3) Without limiting subsection (1) or (2), a person who engages in one or more of the following activities shall be deemed to be soliciting in an aggressive manner for the purpose of this section:
1.Threatening the person solicited with physical harm, by word, gesture or other means, during the solicitation or after the person solicited responds or fails to respond to the solicitation.
2.Obstructing the path of the person solicited during the solicitation or after the person solicited responds or fails to respond to the solicitation.
3.Using abusive language during the solicitation or after the person solicited responds or fails to respond to the solicitation.
4.Proceeding behind, alongside or ahead of the person solicited during the solicitation or after the person solicited responds or fails to respond to the solicitation.
5.Soliciting while intoxicated by alcohol or drugs.
6.Continuing to solicit a person in a persistent manner after the person has responded negatively to the solicitation.
Definitions
3. (1) In this section, "
public transit vehicle" means a vehicle operated by, for or on behalf of the Government of Ontario, a municipality in Ontario, including a regional and district municipality and the County of Oxford, or a transit commission or authority in Ontario, as part of a regular passenger transportation service; ("vhicule de transport en commun") "
roadway" has the same meaning as in the Highway Traffic Act\; ("chausse") "
vehicle" includes automobile, motorcycle, van, truck, trailer, bus, mobile home, traction engine, farm tractor, road-building machine, bicycle, motor-assisted bicycle, motorized snow vehicle, streetcar and any other vehicle drawn, propelled or driven by any kind of power, including muscular power. ("vhicule")
Solicitation of captive audience prohibited
(2) No person shall,
(a)solicit a person who is using, waiting to use, or departing from an automated teller machine;
(b)solicit a person who is using or waiting to use a pay telephone or a public toilet facility;
(c)solicit a person who is waiting at a taxi stand or a public transit stop;
(d)solicit a person who is in or on a public transit vehicle;
(e)solicit a person who is in the process of getting in, out of, on or off a vehicle or who is in a parking lot; or
(f)while on a roadway, solicit a person who is in or on a stopped, standing or parked vehicle.
Definition
4. (1) In this section, "
outdoor public place" means,
(a)a place outdoors to which the public is ordinarily invited or permitted access and, for greater certainty, includes but is not limited to a sidewalk, street, parking lot, swimming pool, beach, conservation area, park and playground, and
(b)school grounds.
Disposal of certain dangerous things prohibited
(2) No person shall dispose of any of the following things in an outdoor public place:
1.A used condom.
2.A new or used hypodermic needle or syringe.
3.Broken glass.
Defence
(3) It is a defence to a charge under subsection (2) for the person who disposed of the condom, the needle or syringe or the broken glass to establish that he or she took reasonable precautions to dispose of it in a manner that would not endanger the health or safety of any person.
Offence
5. (1) Every person who contravenes section 2, 3 or 4 is guilty of an offence and is liable,
(a)on a first conviction, to a fine of not more than $500; and
(b)on each subsequent conviction, to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both.
Subsequent conviction
(2) For the purpose of determining the penalty to which a person is liable under subsection (1),
(a)a conviction of the person of a contravention of section 2 is a subsequent conviction only if the person has previously been convicted of a contravention of section 2 or 3;
(b)a conviction of the person of a contravention of section 3 is a subsequent conviction only if the person has previously been convicted of a contravention of section 2 or 3; and
(c)a conviction of the person of a contravention of section 4 is a subsequent conviction only if the person has previously been convicted of a contravention of section 4.
Arrest without warrant
6. A police officer who believes on reasonable and probable grounds that a person has contravened section 2, 3 or 4 may arrest the person without warrant if,
(a)before the alleged contravention of section 2, 3 or 4, the police officer directed the person not to engage in activity that contravenes that section; or
(b)the police officer believes on reasonable and probable grounds that it is necessary to arrest the person without warrant in order to establish the identity of the person or to prevent the person from continuing or repeating the contravention.
Amendment of Highway Traffic Act
7.(1) Section 177 of the Highway Traffic Act is repealed and the following substituted:
Soliciting rides prohibited
177. (1) No person, while on the roadway, shall solicit a ride from the driver of a motor vehicle other than a public passenger conveyance.
Stopping or approaching vehicle prohibited
(2) No person, while on the roadway, shall stop, attempt to stop or approach a motor vehicle for the purpose of offering, selling or providing any commodity or service to the driver or any other person in the motor vehicle.
Exception
(3) Subsection (2) does not apply to the offer, sale or provision of towing or repair services or any other commodity or service, in an emergency.
Penalty for contravention of subs. (2)
(4) Every person who contravenes subsection (2) is guilty of an offence and is liable,
(a)on a first conviction, to a fine of not more than $500; and
(b)on each subsequent conviction, to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both.
s. 171 not affected
(5) Nothing in this section affects the operation of section 171.
(2) Section 217 of the Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 8 and 1996, chapter 20, section 31, is further amended by adding the following subsection:
Arrest without warrant for contravention of subs. 177 (2)
(3.1) A police officer who believes on reasonable and probable grounds that a person has contravened subsection 177 (2) may arrest the person without warrant if,
(a)before the alleged contravention of subsection 177 (2), the police officer directed the person not to engage in activity that contravenes that subsection; or
(b)the police officer believes on reasonable and probable grounds that it is necessary to arrest the person without warrant in order to establish the identity of the person or to prevent the person from continuing or repeating the contravention.
Commencement
8.This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
9.The short title of this Act is the Safe Streets Act, 1999.