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4th Session, 42nd Legislature

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Bill 204

THE PROTEST BUFFER ZONE ACT (COVID-19 RESTRICTIONS)


Table of Contents Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1

The following definitions apply in this Act.

"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 person who works at a site set out in subsection 5(1) or who is a member of a designated regulated health profession and provides, or assists in the provision of, COVID-19 testing, vaccination or treatment, and includes any other prescribed persons or class of persons. (« fournisseur de services protégés »)

PROHIBITED ACTIVITIES IN BUFFER ZONES

Prohibitions in buffer zones for certain sites

2

While in a buffer zone established under section 5, a person must not

(a) protest, demonstrate or perform an act of disapproval respecting a recommendation, restriction or order issued by public health authorities in relation to the COVID-19 pandemic;

(b) protest, demonstrate or perform an act of disapproval respecting COVID-19 testing, vaccination or treatment;

(c) advise or persuade or attempt to advise or persuade a person to refrain from accessing COVID-19 testing, vaccination or treatment;

(d) persistently request that

(i) a person refrain from accessing COVID-19 testing, vaccination or treatment, or

(ii) a protected service provider refrain from providing, or assisting in the provision of, COVID-19 testing, vaccination or treatment;

(e) for the purpose of dissuading another person from accessing COVID-19 testing, vaccination or treatment,

(i) continuously or repeatedly observe a site or persons entering or leaving a site,

(ii) physically interfere with 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 noise in any way, including electronically, that is loud and unnecessary;

(f) for the purpose of dissuading a protected service provider from providing, or assisting in the provision of, COVID-19 testing, vaccination or treatment,

(i) continuously or repeatedly observe a site or persons entering or leaving a site,

(ii) physically interfere with 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 noise in any way, including electronically, that is loud and unnecessary;

(g) generate noise in any way, including electronically, that interferes with the provision of COVID-19 testing, vaccination or treatment; or

(h) do any other thing prescribed for the purpose of this section.

Prohibitions in buffer zones for residences

3

While in a buffer zone established under section 6 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 COVID-19, by any means, including oral, written or graphic means;

(b) persistently request that the provider refrain from providing, or assisting in the provision of, COVID-19 testing, vaccination or treatment; or

(c) for the purpose of dissuading the provider from providing, or assisting in the provision of, COVID-19 testing, vaccination or treatment,

(i) continuously or repeatedly observe the residence,

(ii) physically interfere with 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 noise in any way, including electronically, that is loud and unnecessary.

Harassment of service providers prohibited

4(1)

A person must not, for the purpose of dissuading a protected service provider from providing, or assisting in the provision of, COVID-19 testing, vaccination or treatment,

(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, COVID-19 testing, vaccination or treatment; or

(d) engage in threatening conduct directed at the provider or a person known to the provider.

Harassment by communication prohibited

4(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 COVID-19 testing, vaccination or treatment after the provider or a person known to the provider has requested that such communications cease.

BUFFER ZONES

Buffer zones for certain sites

5(1)

A buffer zone is hereby established for the following sites:

(a) a place where COVID-19 testing, vaccination or treatment is performed;

(b) a hospital as defined in The Health Services Insurance Act;

(c) a personal care home as defined in The Health Services Insurance Act;

(d) an educational institution as defined in The Advanced Education Administration Act;

(e) a school site as defined in The Public Schools Act;

(f) a child care centre or a child care home, as defined in The Community Child Care Standards Act;

(g) a prescribed site.

Extent of buffer zones

5(2)

A buffer zone consists of

(a) the premises on which any site is located and the area within 50 metres, or such other prescribed distance not exceeding 150 metres, from the boundaries of the premises; or

(b) any other prescribed area.

Limitation

5(3)

No part of an area prescribed for the purpose of clause (2)(b) may be farther than 150 metres from the closest boundary of the premises on which the site is located.

Certain property excluded

5(4)

The buffer zone for a site does not include real property that one or more persons have the exclusive right to use or occupy if none of those persons is the occupier of the site.

Regulations made only on request, after notice

5(5)

A regulation prescribing a site for the purpose of clause (1)(g) or prescribing any thing in relation to a site for the purpose of subsection (2) may be made only if the occupier of the site

(a) has requested the regulation; or

(b) has been given notice by the minister of the minister's intention to recommend the regulation and a reasonable opportunity to make written submissions before the regulation is made.

Revocations not affected

5(6)

Subsection (5) does not apply to

(a) a regulation that revokes the prescription of a site for the purpose of clause (1)(g); or

(b) a regulation that revokes any thing prescribed for the purpose of subsection (2).

Buffer zones for residences

6(1)

A buffer zone is hereby established for the residence of each protected service provider.

Extent of residence zone

6(2)

The buffer zone for a residence consists of the residential premises and the area within 150 metres, or any other prescribed lesser distance, from the boundaries of the premises.

Certain property excluded

6(3)

The buffer zone for the residence of a protected service provider does not include real property that one or more persons have the exclusive right to use or occupy if none of those persons is the provider or a member of the provider's household.

ENFORCEMENT

Offence and penalty

7

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

8

A person must not be convicted of an offence for contravening section 2, 3 or 4 unless the person knew or, at any time before the contravention, was given notice of the location of the relevant buffer zone.

Damages

9

A person may apply to the Court of Queen's Bench to recover damages for loss or injury sustained as a result of a contravention of a provision of this Act.

Injunction

10

On application by any person, including the minister, the Court of Queen's Bench may grant an injunction to restrain a person from contravening section 2, 3 or 4.

REGULATIONS

Regulations

11

The Lieutenant Governor in Council may make regulations

(a) setting out, for information purposes, the names and locations of the sites and descriptions of the buffer zones established under section 5 for those sites;

(b) designating a regulated health profession for the purpose of the definition "protected service provider";

(c) defining any word or phrase used but not defined in this Act;

(d) prescribing anything referred to in this Act as being prescribed.

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

12

This Act may be referred to as chapter P151 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

13

This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill establishes The Protest Buffer Zone Act (COVID-19 Restrictions). Buffer zones are created for the following:

COVID-19 testing, vaccination or treatment sites;

hospitals;

personal care homes;

educational institutions;

school sites;

child care centres and child care homes;

residences of protected service providers.

Certain activities are prohibited within these buffer zones. For example, a person must not

protest recommendations, restrictions or orders issued by public health authorities in relation to the COVID-19 pandemic;

protest COVID-19 testing, vaccination or treatment; or

harass a protected service provider.