4th Session, 42nd Legislature
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Bill 224
THE UNOBSTRUCTED ACCESS TO HEALTH CARE AND EDUCATION FACILITIES ACT
| Table of Contents | Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
DEFINITIONS AND PURPOSE
The following definitions apply in this Act.
"access zone" means an access zone established under section 3. (« zone d'accès »)
"designated health care service" means a health care service designated under section 4. (« service de santé désigné »)
"hospital" means a hospital as defined in The Health Services Insurance Act. (« hôpital »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"prescribed" means prescribed by regulation. (Version anglaise seulement)
"protected service provider" means a person who provides a designated health care service or assists in the provision of a designated health care service. (« fournisseur de services protégés »)
"school" means a public or independent school under The Education Administration Act. (« école »)
The purpose of this Act is to ensure that
(a) people seeking health care services can access the place where the services are provided without intimidation or harassment;
(b) people who work at a place where health care services are provided can access the place without intimidation or harassment and are protected from harassment connected with their work; and
(c) services at hospitals and schools can be delivered without disruption and that people can access hospitals and schools without intimidation.
ACCESS ZONES
An access zone for a hospital or school, or for a facility where a designated health care service is provided, consists of
(a) the property on which the hospital, school or facility is located and the area within 50 metres, or any other prescribed distance not exceeding 150 metres, from the boundaries of the property; or
(b) a prescribed area with different boundaries.
No part of an area prescribed for the purpose of clause (1)(b) may be farther than 150 metres from the closest boundary of the property on which the hospital, school or facility is located.
The access zone for a hospital, school or facility 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 hospital, school or facility.
Regulations only on request or after notice
A regulation prescribing an area for the purpose of clause (1)(b) may be made only if the occupier of the hospital, school or facility
(a) has made a request for the regulation to the minister; or
(b) has been given notice, by the minister, of the intention to make the regulation and provided with an opportunity to make written submissions before the regulation is made.
Subsection (4) does not apply to a regulation that revokes anything prescribed under clause (1)(b).
DESIGNATED HEALTH CARE SERVICES
Designation of health care service
The Lieutenant Governor in Council may, by regulation, designate a health care service as a designated health care service.
If a hospital or school is a place where a designed health care service is provided, the hospital or school is considered to be a facility for the purpose of sections 6 and 7.
PROHIBITIONS
Prohibition in access zones for facilities
While in an access zone for a facility where a designated health care service is provided, a person must not
(a) advise or persuade, or attempt to advise or persuade, a person from refraining from accessing a designated health care service;
(b) inform, or attempt to inform, a person concerning issues related to a designated health care service by any means including oral, written or graphic means;
(c) perform or attempt to perform an act of disapproval concerning issues related to a designated health care service by any means including oral, written or graphic means;
(d) persistently request that
(i) a person refrain from accessing a designated health care service, or
(ii) a protected service provider refrain from providing, or assisting in the provision of, a designated health care service;
(e) for the purpose of dissuading a person from accessing a designated health care service,
(i) continuously or repeatedly observe the facility or persons entering or leaving the facility,
(ii) physically interfere with or attempt to physically interfere with the person,
(iii) intimidate or attempt to intimidate the person, or
(iv) photograph, film, videotape, sketch or in any other way graphically record the person;
(f) for the purpose of dissuading a protected service provider from providing, or assisting in the provision of a designated health care service,
(i) continuously or repeatedly observe the facility or persons entering or leaving the facility,
(ii) physically interfere with or attempt to physically interfere with the provider,
(iii) intimidate or attempt to intimidate the provider, or
(iv) photograph, film, videotape, sketch or in any other way graphically record the provider; or
(g) do anything prescribed for the purpose of this clause.
Clauses (1)(a) to (d) do not apply
(a) to anything done in the course of a person's work at the facility; or
(b) to anything occurring between a person accessing, or attempting to access, a designated health care service and someone who is accompanying the person with the person's consent.
HARASSMENT OF PROVIDERS
A person must not, for the purpose of dissuading a protected service provider from providing, or assisting in the provision of, a designated health care service,
(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, the designated health care service; or
(d) engage in threatening conduct directed at the provider or a person known to the provider.
Harassment by electronic communications
A person must not repeatedly communicate by telephone, fax or other electronic means with a protected service provider or a person known to the provider, for the purpose of dissuading the provider from continuing to provide, or assist in the provision of, a designated health care service, after the person being communicated with has requested that such communications cease.
ADDITIONAL PROHIBITIONS FOR HOSPITALS AND SCHOOLS
Conduct in access zones for hospitals and schools
While in an access zone for a hospital or a school, a person must not
(a) impede access to or egress from the hospital or school;
(b) physically interfere with or otherwise disrupt the provision of services at the hospital or school; or
(c) intimidate or attempt to intimidate an individual or otherwise do or say anything that could reasonably be expected to cause an individual concern for the individual's safety.
Subject to this section and the regulations, a person must not, in an access zone for a hospital or school, wilfully participate in a gathering whose participants are contravening clause (1)(a), (b) or (c).
This section does not apply to any of the following:
(a) anything done or said in the course of a person's work at a hospital or school;
(b) anything done or said in an access zone for a school in the course of an educational program or extracurricular school activity;
(c) a prescribed activity.
Exception for strikes and lockouts
This section does not apply to an activity in relation to a strike or lockout, as defined in The Labour Relations Act, or to persons picketing at their own workplace in relation to terms or conditions of employment.
REMEDIES
On application by a person, including the Attorney General, the Court of King's Bench may grant an injunction to ensure compliance with this Act and the regulations on any terms and with any conditions as the court determines appropriate in the circumstances.
A person who suffers loss as a result of a contravention of this Act by another person has a right of action for damages against that person.
OFFENCES AND PENALTIES
A person who contravenes a provision of this Act or the regulations 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 imprisonment for a term not exceeding six months, or both; and
(b) for a second or subsequent offence, to a fine of not more than $10,000 or imprisonment for a term not exceeding one year, or both.
Limit on conviction — knowledge or notice of zone
No person may be convicted of an offence for contravening section 6 or 8 of this Act unless the person knew or, at any time before the contravention, was given notice of the location of the relevant access zone.
REGULATIONS
The Lieutenant Governor in Council may make regulations
(a) designating a health care service as a designated health care service;
(b) prescribing anything referred to in this Act as being prescribed;
(c) defining any word or expression used but not defined in this Act;
(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
C.C.S.M. REFERENCE AND COMING INTO FORCE
This Act may be referred to as chapter U76 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a date to be fixed by proclamation.