1st Session, 43rd Legislature
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Bill 8
THE SAFE ACCESS TO ABORTION SERVICES ACT
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(Assented to )
WHEREAS all people in Manitoba are entitled to access to health care, including reproductive health services;
AND WHEREAS abortion services are essential reproductive health services;
AND WHEREAS the people who access or provide abortion services should be treated with courtesy and with respect for their dignity and privacy while accessing or providing the services;
THEREFORE HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
INTRODUCTORY PROVISIONS
1 The following definitions apply in this Act.
"abortion services" means lawful services provided for the termination of pregnancy, including prescribing, dispensing or administering a drug to terminate pregnancy. (« services d'interruption volontaire de grossesse »)
"clinic" means a place, other than a place in a facility, whose primary purpose is to provide abortion services. (« clinique »)
"facility" means
(a) a place, other than a clinic, where abortion services are provided, including a hospital, pharmacy or health centre; or
(b) the office of a protected service provider. (« établissement »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"prescribed" means prescribed by a regulation under this Act. (Version anglaise seulement)
"protected service provider" means
(a) a person who works at a clinic;
(b) a member of a prescribed regulated health profession who provides or assists in the provision of abortion services; or
(c) any other prescribed person or class of persons who provides or assists in the provision of abortion services. (« fournisseur de services protégés »)
2 The purpose of this Act is to protect access to abortion services and the safety and security of all people accessing or providing abortion services by creating access zones around clinics and certain facilities that provide those services and the residences of certain protected service providers.
PROHIBITED ACTIVITIES IN ACCESS ZONE
Prohibited activities in clinic or facility access zone
3(1) While in an access zone established under section 6 for a clinic or prescribed facility, a person must not
(a) advise or persuade or attempt to advise or persuade a person to refrain from accessing abortion services;
(b) inform or attempt to inform a person concerning issues related to abortion services by any means, including oral, written or graphic means;
(c) perform or attempt to perform an act of disapproval concerning issues related to abortion services by any means, including oral, written or graphic means;
(d) persistently request that
(i) a person refrain from accessing abortion services, or
(ii) a protected service provider refrain from providing or assisting in the provision of abortion services;
(e) for the purpose of dissuading a person from accessing abortion services,
(i) continuously or repeatedly observe the clinic or facility or persons entering or leaving the clinic or facility,
(ii) physically interfere or attempt to physically interfere with the person,
(iii) intimidate or attempt to intimidate the person,
(iv) photograph, film, videotape, sketch or in any other way graphically record the person, or
(v) generate loud noise in any way, including electronically;
(f) for the purpose of dissuading a protected service provider from providing or assisting in the provision of abortion services,
(i) continuously or repeatedly observe the clinic or facility or persons entering or leaving the clinic or facility,
(ii) physically interfere or attempt to physically interfere with the provider,
(iii) intimidate or attempt to intimidate the provider,
(iv) photograph, film, videotape, sketch or in any other way graphically record the provider, or
(v) generate loud noise in any way, including electronically; or
(g) do any other prescribed action or engage in any other prescribed activity.
3(2) Clauses (1)(a) to (c) do not apply to
(a) any action done or activity engaged in during the course of a person's work at a clinic or facility; or
(b) any interaction occurring between a person accessing or attempting to access abortion services and someone who is accompanying the person with the person's consent.
Prohibited activities in residence access zone
4 While in an access zone established under section 7 for the residence of a protected service provider, a person must not
(a) perform or attempt to perform an act of disapproval directed at or about the provider concerning issues related to abortion services by any means, including oral, written or graphic means;
(b) persistently request that the provider refrain from providing or assisting in the provision of abortion services; or
(c) for the purpose of dissuading the provider from providing or assisting in the provision of abortion services,
(i) continuously or repeatedly observe the residence,
(ii) physically interfere or attempt to physically interfere with the provider or a member of the provider's household,
(iii) intimidate or attempt to intimidate the provider or a member of the provider's household,
(iv) photograph, film, videotape, sketch or in any other way graphically record the provider or a member of the provider's household, or
(v) generate loud noise in any way, including electronically.
Harassment of service providers prohibited
5(1) A person must not, for the purpose of dissuading a protected service provider from providing or assisting in the provision of abortion services,
(a) repeatedly approach, accompany or follow the provider or a person known to the provider;
(b) continuously or repeatedly observe the provider;
(c) persistently request that the provider refrain from providing or assisting in the provision of abortion services; or
(d) engage in threatening conduct directed at the provider or a person known to the provider.
Harassment by communication prohibited
5(2) A person must not repeatedly communicate by telephone, fax or any other electronic means with a protected service provider or a person known to the provider for the purpose of dissuading the provider from providing or assisting in the provision of abortion services after the provider or the person known to the provider has requested that such communications cease.
ACCESS ZONES
Access zones for clinics and facilities
6(1) An access zone is hereby established for
(a) each clinic; and
(b) each prescribed facility.
6(2) The access zone for a clinic consists of
(a) the parcel of land on which the clinic is located and the area within 50 metres, or such other prescribed distance not exceeding 150 metres, from the boundaries of the parcel of land on which the clinic is located; or
(b) any other prescribed area.
Extent of facility access zones
6(3) The access zone for a facility consists of
(a) the parcel of land on which the facility is located and the area within 50 metres, or such other prescribed distance not exceeding 150 metres, from the boundaries of the parcel of land on which the facility is located; or
(b) any other prescribed area.
6(4) No part of an area prescribed for the purpose of clause (2)(b) or (3)(b) that is outside of the parcel of land on which the clinic or facility is located is to be farther than 150 metres from the closest boundary of the parcel of land.
6(5) The access zone for a clinic or facility does not include real property that one or more persons has the exclusive right to use or occupy if none of those persons is the occupier of the clinic or facility.
Regulations made only on request, after notice
6(6) A regulation prescribing a facility for the purpose of clause (1)(b) or prescribing the area of an access zone for a clinic or facility for the purpose of subsection (2) or (3) may be made only if the occupier of the clinic or facility has
(a) requested the regulation; or
(b) been given notice of the minister's intention to recommend the regulation and a reasonable opportunity to make written submissions before the regulation is made.
6(7) Subsection (6) does not apply to a regulation that repeals
(a) a prescribed area of an access zone for a clinic for the purpose of subsection (2) in relation to a clinic that ceases to be a clinic; or
(b) the prescription of a facility for the purpose of clause (1)(b) or a prescribed area of an access zone for a facility for the purpose of subsection (3) in relation to a facility that ceases to be prescribed.
7(1) An access zone is hereby established for the residence of each prescribed protected service provider.
7(2) The access zone for a residence of a protected service provider consists of the parcel of land on which the residence is located and the area within 150 metres, or such other prescribed lesser distance, from the boundaries of the parcel of land on which the residence is located.
7(3) The access zone for the residence of a protected service provider does not include real property that one or more persons has the exclusive right to use or occupy if none of those persons is the provider or a member of the provider's household.
ENFORCEMENT
8 A person who contravenes this Act is guilty of an offence and is liable on conviction,
(a) for a first offence, to a fine of not more than $5,000, or to imprisonment for a term of not more than six months, or both; and
(b) for a second or subsequent offence, to a fine of not more than $10,000, or to imprisonment for a term of not more than one year, or both.
Knowledge or notice required for conviction
9 A person must not be convicted of an offence for contravening subsection 3(1) or section 4 or 5 unless the person knew or, at any time before the contravention, was given notice of the location of the relevant access zone.
10 A person may apply to the Court of King's Bench of Manitoba to recover damages for loss or injury sustained as a result of a contravention of a provision of this Act.
11 On application by a person, including the minister, the Court of King's Bench of Manitoba may grant an injunction to restrain a person from contravening subsection 3(1) or section 4 or 5.
REGULATIONS
12 The Lieutenant Governor in Council may make regulations
(a) setting out, for notice purposes, the names and locations of the clinics and facilities and descriptions of the access zones established under section 6 for those clinics and facilities;
(b) defining any word or phrase used but not defined in this Act;
(c) prescribing anything referred to in this Act as being prescribed;
(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable for the purpose of this Act.
C.C.S.M. REFERENCE AND COMING INTO FORCE
13 This Act may be referred to as chapter S4 of the Continuing Consolidation of the Statutes of Manitoba.
14 This Act comes into force on a day to be fixed by proclamation.