EXPLANATORY NOTE

The Bill enacts the Stopping Anti-Public Health Harassment Act, 2021. The Act prohibits persons from engaging in harassing behaviours while in a safe zone established by the regulations. The listed behaviours relate to a person’s enforcement or adoption of public health guidelines relating to COVID-19. Certain exceptions are provided for.

Every person who contravenes the prohibition is guilty of an offence and is liable on conviction to a fine of not more than $25,000.

Bill 3 2021

An Act to prohibit harassment based on enforcement or adoption of public health measures relating to COVID-19

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Prohibitions in safe zones

1 (1)  While in a safe zone established under the regulations, no person shall,

  (a)  advise or attempt to advise a person against following public health guidelines relating to COVID-19;

  (b)  dissuade or attempt to dissuade a person from following public health guidelines relating to COVID-19;

  (c)  inform or attempt to inform a person concerning public health guidelines relating to COVID-19;

  (d)  perform or attempt to perform an act of disapproval concerning public health guidelines relating to COVID-19, by any means, including oral, written or graphic means;

  (e)  persistently request that another person refrain from following public health guidelines relating to COVID-19; or

   (f)  do anything prescribed for the purposes of this clause.

Exceptions

(2)  Subsection (1) does not apply,

  (a)  to anything done in the course of a person’s work at a place within a safe zone; or

  (b)  to anything occurring between a person attempting to access goods or services within a safe zone and someone who is accompanying the person with the person’s consent.

Offence

2 Every person who contravenes section 1 is guilty of an offence and is liable on conviction to a fine of not more than $25,000.

No effect on peaceful protests, etc.

3 For greater certainty, nothing in this Act prevents peaceful protests or labour demonstrations such as picketing or other efforts by workers to improve their wages or working conditions.

Regulations, safe zones around hospitals, schools, businesses, etc.

4 The Lieutenant Governor in Council may make regulations,

  (a)  prescribing areas as safe zones, including areas around hospitals, schools, businesses or other locations, for the purpose of section 1;

  (b)  prescribing actions for the purpose of clause 1 (f).

Commencement

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

Short title

6 The short title of this Act is the Stopping Anti-Public Health Harassment Act, 2021.