Summary#

Bill 3, the Stopping Anti-Public Health Harassment Act, 2021, would create a new Ontario law; it does not amend an existing Act. Its stated goal is to prohibit certain conduct related to COVID-19 public health guidelines inside areas set by regulation.

• The Lieutenant Governor in Council could set “safe zones” around hospitals, schools, businesses or other locations, and could prescribe more prohibited actions.
• In a safe zone, a person could not advise against or discourage following the guidelines, inform someone about them, show disapproval of them, or persistently ask someone not to follow them. Attempts are also covered.
• The ban would not apply to actions done as part of someone’s work at a place in the zone, or to anything between a person trying to access goods or services and someone accompanying them with consent.
• A person convicted of breaking the ban could be fined up to $25,000. The bill says it would not prevent peaceful protests or labour demonstrations, including picketing.

What it means for you#

• People in a designated area: The ban would apply only inside safe zones established by regulation. The bill does not itself set their boundaries.
• People discussing public health guidelines: The wording covers more than persistent harassment: it also bars informing someone about the guidelines and acts of disapproval, including attempts. The listed exceptions would apply.
• Workers and people protesting: The bill exempts conduct done in the course of work at a place in a safe zone, and says peaceful protests and labour demonstrations are not prevented.
• Businesses, schools and hospitals: The bill does not require these organizations to create a program or enforce the ban. It allows regulations to set safe zones around them.
• Everyone: The bill does not require anyone to follow COVID-19 guidelines. It creates a separate offence for specified conduct in designated areas.

Money#

No cost information is in the available material.

• A person convicted of an offence could be fined up to $25,000; the bill sets no minimum fine.
• The bill does not give an estimate for enforcement, staffing or other public costs.

What is unclear#

• The bill does not say how large safe zones would be, or which areas would be designated. No regulations are included.
• It does not define key terms such as “disapproval” or “harassing behaviours,” and it does not set out complaint, investigation or appeal procedures.
• The supplied material does not describe existing Ontario law, so it is not possible to verify what protections or offences this would add to current law.
• The bill says it would start on Royal Assent, but its current legislative status and whether any regulations were made are not provided. No publicly available information.

Case for#

• The bill appears intended to protect people who follow or enforce public health guidelines from targeted conduct in places where they access services or institutions.
• Limiting the ban to designated areas could focus it on particular locations rather than applying it everywhere.
• The work and consent-based exceptions, and the protection for peaceful protests and labour demonstrations, limit the ban’s reach.

Case against#

• The ban reaches beyond persistent requests or clear harassment: it also covers informing someone about guidelines and showing disapproval, without stating that the conduct must be repeated or threatening.
• The bill leaves the boundaries of safe zones to regulations, which could cover areas around a wide range of locations.
• It does not explain how alleged violations would be reported, investigated or decided, even though conviction could bring a fine of up to $25,000.