Bill 202 2016

An 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

   2.  (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

   3.  (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

   4.  (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.