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:

   1.  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. ("déclaration")

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.