Bill 35, Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2014

Naqvi, Hon Yasir Minister of Community Safety and Correctional Services

Current Status: Royal Assent received Chapter Number: S.O. 2014 C.15

Viewing: Royal Assent (current version) pdf

Bill 35                                                          2014

An Act to repeal the Public Works Protection Act, amend the Police Services Act with respect to court security and enact the Security for Electricity Generating Facilities and Nuclear Facilities Act, 2014

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

Contents of this Act

   1.  This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

   2.  (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Schedules

   (2)  The Schedules to this Act come into force as provided in each Schedule.

Same

   (3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

   3.  The short title of this Act is the Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2014.

 

Schedule 1
repeal of public works protection act

Repeal

   1.  The Public Works Protection Act is repealed.

Commencement

   2.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 2
amendments to police services ACT

   1.  Part X of the Police Services Act is amended by adding the following sections:

Powers of person providing court security

   138.  (1)  A person who is authorized by a board to act in relation to the board’s responsibilities under subsection 137 (1) or who is authorized by the Commissioner to act in relation to the Ontario Provincial Police’s responsibilities under subsection 137 (2) may exercise the following powers if it is reasonable to do so for the purpose of fulfilling those responsibilities:

    1.  Require a person who is entering or attempting to enter premises where court proceedings are conducted or who is on such premises,

            i.  to identify himself or herself, and

           ii.  to provide information for the purpose of assessing whether the person poses a security risk.

    2.  Search, without warrant,

            i.  a person who is entering or attempting to enter premises where court proceedings are conducted or who is on such premises,

           ii.  any vehicle that the person is driving, or in which the person is a passenger, while the person is on, entering or attempting to enter premises where court proceedings are conducted, and

          iii.  any property in the custody or care of the person.

    3.  Search, without warrant, using reasonable force if necessary,

            i.  a person in custody who is on premises where court proceedings are conducted or is being transported to or from such premises, and

           ii.  any property in the custody or care of the person.

    4.  Refuse to allow a person to enter premises where court proceedings are conducted, and use reasonable force if necessary to prevent the person’s entry,

            i.  if the person refuses to identify himself or herself or provide information under paragraph 1 or refuses to submit to a search under paragraph 2,

           ii.  if there is reason to believe that the person poses a security risk, or

          iii.  for any other reason relating to the fulfilment of the board’s responsibilities under subsection 137 (1) or the Ontario Provincial Police’s responsibilities under subsection 137 (2).

    5.  Demand that a person immediately leave premises where court proceedings are conducted, and use reasonable force if necessary to remove the person,

            i.  if the person refuses to identify himself or herself or provide information under paragraph 1 or refuses to submit to a search under paragraph 2,

           ii.  if there is reason to believe that the person poses a security risk, or

          iii.  for any other reason relating to the fulfilment of the board’s responsibilities under subsection 137 (1) or the Ontario Provincial Police’s responsibilities under subsection 137 (2).

Arrest

   (2)  A person who is authorized by a board or by the Commissioner as described in subsection (1) may arrest, without warrant, any person who,

  (a)  after being required to identify himself or herself or provide information under paragraph 1 of subsection (1), enters or attempts to enter premises where court proceedings are conducted without identifying himself or herself or providing the information;

  (b)  after being directed to submit to a search under paragraph 2 of subsection (1), enters or attempts to enter premises where court proceedings are conducted without submitting to the search;

   (c)  enters or attempts to enter premises where court proceedings are conducted, after a refusal under paragraph 4 of subsection (1); or

  (d)  does not immediately leave premises where court proceedings are conducted, after being demanded to do so under paragraph 5 of subsection (1).

Reasonable force

   (3)  Reasonable force may be used if necessary to make the arrest.

Delivery to police officer

   (4)  If the person who makes the arrest is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer.

Deemed arrest

   (5)  A police officer to whom the custody of a person is given under subsection (4) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and his or her bail.

Accommodation

   (6)  When a person who is authorized by a board or by the Commissioner as described in subsection (1) exercises powers under this section with respect to other persons, he or she shall ensure that those persons are accommodated in accordance with the Canadian Charter of Rights and Freedoms and the Human Rights Code, and this includes accommodation in connection with creed or disability.

Offences

   139.  (1)  A person is guilty of an offence if,

  (a)  after being required to identify himself or herself or provide information under paragraph 1 of subsection 138 (1), the person enters or attempts to enter premises where court proceedings are conducted without identifying himself or herself or providing the information;

  (b)  after being directed to submit to a search under paragraph 2 of subsection 138 (1), the person enters or attempts to enter premises where court proceedings are conducted without submitting to the search;

   (c)  the person enters or attempts to enter premises where court proceedings are conducted, after a refusal under paragraph 4 of subsection 138 (1); or

  (d)  the person does not immediately leave premises where court proceedings are conducted, after being demanded to do so under paragraph 5 of subsection 138 (1).

Penalty

   (2)  A person who is convicted of an offence under this section is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than 60 days, or to both.

Powers not affected

Judicial powers

   140.  (1)  Nothing in this Part derogates from or replaces the power of a judge or judicial officer to control court proceedings.

Same

   (2)  Nothing in this Part affects the right of a judge or judicial officer to have access to premises where court proceedings are conducted.

Powers of persons providing court security

   (3)  Nothing in this Part derogates from or replaces any powers that a person authorized by a board or by the Commissioner as described in subsection 138 (1) otherwise has under the law.

Privilege preserved

   141.  Nothing in this Part shall operate so as to require the disclosure of information that is subject to solicitor-client privilege, litigation privilege or settlement privilege, or permit the review of documents containing such information.

Regulations, court security powers

   142.  (1)  The Lieutenant Governor in Council may make regulations governing the exercise of the powers conferred by section 138, including,

  (a)  regulations imposing restrictions, limitations and conditions on the exercise of those powers;

  (b)  regulations for the purpose of safeguarding the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code, including regulations that provide for the accommodation of persons in connection with creed or disability.

General or particular

   (2)  A regulation made under subsection (1) may be general or particular in its application.

Commencement

   2.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 3
security for electricity generating facilities and nuclear facilities act, 2014

Interpretation

   1.  (1)  In this Act,

“nuclear facility” means a facility referred to in the definition of “nuclear facility” in the Nuclear Safety and Control Act (Canada); (“installation nucléaire”)

“premises where a restricted access facility is located” means, with respect to a particular restricted access facility, any real property relating to the restricted access facility that is under the direct control of its operator, including any buildings and structures on that property; (“lieux où est située une installation à accès restreint”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“restricted access facility” means,

  (a)  a prescribed electricity generating facility, and

  (b)  a prescribed nuclear facility; (“installation à accès restreint”)

“security services” includes, without limitation, guarding or patrolling for the purpose of protecting persons or property. (“services de sécurité”)

Same

   (2)  A reference in this Act to premises includes a portion of the premises.

Appointment to provide security services

   2.  A person may be appointed in accordance with the regulations to provide security services in relation to premises where a restricted access facility is located.

Appointee is peace officer

   3.  Subject to the regulations, a person appointed under section 2 to provide security services in relation to premises where a restricted access facility is located is a peace officer while engaged in providing those services.

Powers relating to security services for restricted access facilities

   4.  A peace officer may exercise the following powers if it is reasonable to do so for the purpose of providing security services in relation to premises where a restricted access facility is located:

    1.  Require a person who wishes to enter the premises or who is on the premises,

            i.  to produce identification, and

           ii.  to provide information for the purpose of assessing whether the person poses a security risk.

    2.  Search, without warrant,

            i.  a person who wishes to enter the premises or who is on the premises,

           ii.  any vehicle that the person is driving, or in which the person is a passenger, while the person is on, entering or attempting to enter the premises, and

          iii.  any property in the custody or care of the person.

    3.  Refuse to allow a person to enter the premises or bring property onto the premises, and use reasonable force if necessary to prevent the person from doing so.

    4.  Demand that a person immediately leave the premises or immediately remove property in the custody or care of the person from the premises, and use reasonable force if necessary to remove the person or the property.

Arrest

   5.  (1)  A peace officer may arrest, without warrant, any person who,

  (a)  after being required to produce identification or provide information under paragraph 1 of section 4, enters or attempts to enter premises where a restricted access facility is located without producing the identification or providing the information;

  (b)  after being directed to submit to a search under paragraph 2 of section 4, enters or attempts to enter premises where a restricted access facility is located without submitting to the search;

   (c)  enters or attempts to enter premises where a restricted access facility is located, or brings or attempts to bring property onto such premises, after a refusal under paragraph 3 of section 4;

  (d)  enters, attempts to enter or is found on premises where a restricted access facility is located even though he or she knows, or ought to know, that entry to the premises is prohibited;

  (e)  does not immediately leave premises where a restricted access facility is located, or does not immediately remove property from such premises, after being demanded to do so under paragraph 4 of section 4; or

   (f)  in any other way obstructs or interferes with a peace officer in the exercise of the powers conferred by section 4.

Reasonable force

   (2)  Reasonable force may be used if necessary to make the arrest.

Delivery to police officer

   (3)  If the person who makes the arrest is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer.

Deemed arrest

   (4)  A police officer to whom the custody of a person is given under subsection (3) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and his or her bail.

Offences

   6.  (1)  A person is guilty of an offence if,

  (a)  after being required to produce identification or provide information under paragraph 1 of section 4, the person enters or attempts to enter premises where a restricted access facility is located without producing the identification or providing the information;

  (b)  after being directed to submit to a search under paragraph 2 of section 4, the person enters or attempts to enter premises where a restricted access facility is located without submitting to the search;

   (c)  the person enters or attempts to enter premises where a restricted access facility is located, or brings or attempts to bring property onto such premises, after a refusal under paragraph 3 of section 4;

  (d)  the person enters, attempts to enter or is found on premises where a restricted access facility is located even though he or she knows, or ought to know, that entry to the premises is prohibited;

  (e)  the person does not immediately leave premises where a restricted access facility is located, or does not immediately remove property from such premises, after being demanded to do so under paragraph 4 of section 4; or

   (f)  the person in any other way obstructs or interferes with a peace officer in the exercise of the powers conferred by section 4.

Penalty

   (2)  A person who is convicted of an offence under this section is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than 60 days, or to both.

Regulations

   7.  (1)  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing electricity generating facilities for the purposes of clause (a) of the definition of “restricted access facility” in subsection 1 (1);

  (b)  prescribing nuclear facilities for the purposes of clause (b) of the definition of “restricted access facility” in subsection 1 (1);

   (c)  governing the appointment of persons under section 2, including providing different appointment processes for different classes of persons, different restricted access facilities or different circumstances, and governing the revocation of appointments;

  (d)  governing the qualifications and training of persons appointed under section 2;

  (e)  governing the exercise by persons appointed under section 2 of the powers of a peace officer;

   (f)  imposing duties on persons appointed under section 2 and governing those duties;

  (g)  providing for oversight of persons appointed under section 2, including, for example, providing processes for making and addressing complaints, reviewing actions and decisions, and conducting inspections and investigations;

  (h)  imposing on operators of restricted access facilities duties that relate to the security services to be provided by persons appointed under section 2, and governing those duties;

    (i)  governing the exercise of the powers conferred by section 4, including imposing restrictions, limitations and conditions on the exercise of those powers.

Rolling incorporation by reference

   (2)  A regulation made under clause (1) (d), (e) or (i) that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made.

Commencement

   8.  The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   9.  The short title of the Act set out in this Schedule is the Security for Electricity Generating Facilities and Nuclear Facilities Act, 2014.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 35 and does not form part of the law.  Bill 35 has been enacted as Chapter 15 of the Statutes of Ontario, 2014.

 

The Bill repeals the Public Works Protection Act, amends the Police Services Act in relation to court security, and enacts the Security for Electricity Generating Facilities and Nuclear Facilities Act, 2014.

Schedule 1
repeal of public works protection act

Schedule 1 repeals the Public Works Protection Act.

SCHEDULE 2
AMENDMENTS TO POLICE SERVICES ACT

Schedule 2 amends the Police Services Act.

The new subsection 138 (1) sets out powers that may be exercised by a person who is authorized by a municipal police services board or who is authorized by the Commissioner of the Ontario Provincial Police to act in relation to court security under section 137 of the Act.  The powers include:

  (a)   requiring a person who is entering or attempting to enter premises where court proceedings are conducted, or who is on such premises, to identify himself or herself and to provide information related to assessing whether the person poses a security risk;

  (b)   searching a person who is entering or attempting to enter premises where court proceedings are conducted, or who is on such premises, as well as the vehicle in which the person is driving and any property in the person’s custody or care;

  (c)   searching, using reasonable force if necessary, a person in custody who is on premises where court proceedings are conducted or is being transported to or from such premises and any property in the person’s custody or care;

  (d)   refusing to allow a person to enter premises where court proceedings are conducted, and using reasonable force if necessary to prevent the person’s entry; and

  (e)   demanding that a person immediately leave premises where court proceedings are conducted, and using reasonable force if necessary to remove the person.

The new section 142 confers on the Lieutenant Governor in Council the power to make regulations governing the exercise of the section 138 powers.

The new section 139 sets out offences and the new subsection 138 (2) provides a power to arrest a person committing any of the offences, without warrant and using reasonable force if necessary.  A person who is convicted of any of the offences is liable to a fine not exceeding $2,000, imprisonment for not more than 60 days, or both.

The new section 140 provides that nothing in Part X affects the power of a judge or judicial officer to control court proceedings or the right of a judge or judicial officer to have access to premises where court proceedings are conducted.  It also provides that nothing in Part X affects the powers that a person who is granted section 138 powers otherwise has at law.  The new section 141 provides that nothing in Part X requires the disclosure of information that is subject to solicitor-client privilege, litigation privilege or settlement privilege. 

schedule 3
security for electricity generating facilities and nuclear facilities act, 2014

Schedule 3 enacts the Security for Electricity Generating Facilities and Nuclear Facilities Act, 2014.

“Restricted access facility” is defined by subsection 1 (1) as meaning electricity generating facilities to be prescribed by regulation and nuclear facilities to be prescribed by regulation.  “Nuclear facility” is defined by subsection 1 (1) as a facility referred to in the definition of that term in the Nuclear Safety and Control Act (Canada).

“Premises where a restricted access facility is located” is defined by subsection 1 (1) as meaning any real property relating to the restricted access facility that is under the direct control of its operator, including buildings and structures.

Section 2 authorizes the appointment of persons to provide security services in relation to premises where a restricted access facility is located.  Subsection 7 (1) empowers the Lieutenant Governor in Council to make regulations governing these appointments and the qualifications and training of the appointees, imposing additional duties on the appointees, and providing for oversight of the appointees.

Section 3 states that the appointees are peace officers while engaged in providing security services in relation to premises where a restricted access facility is located.

Section 4 sets out powers that may be exercised by the appointees and any other peace officers.  The powers include:

  (a)   requiring a person who wishes to enter premises where a restricted access facility is located, or who is on such premises, to produce identification and to provide information related to assessing whether the person poses a security risk;

  (b)   searching a person who wishes to enter premises where a restricted access facility is located, or who is on such premises, as well as the vehicle in which the person is driving and any property in the person’s custody or care;

  (c)   refusing to allow a person to enter, or bring property into, premises where a restricted access facility is located, and using reasonable force if necessary to prevent the person from doing so; and

  (d)   demanding that a person immediately leave, or immediately remove property from, premises where a restricted access facility is located, and using reasonable force if necessary to remove the person or the property.

Subsection 7 (1) confers on the Lieutenant Governor in Council the power to make regulations governing the exercise of the section 4 powers.

Section 6 sets out offences and section 5 provides a power to arrest a person committing any of the offences, without warrant and using reasonable force if necessary.  A person who is convicted of any of the offences is liable to a fine not exceeding $2,000, imprisonment for not more than 60 days, or both.

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