SNL2022 CHAPTER A-1.03 - ACCESS TO HEALTH AND EDUCATIONAL SERVICES ACT

SNL2022 CHAPTER A-1.03 ACCESS TO HEALTH AND EDUCATIONAL SERVICES ACT Amended by: 2022 cP-30.1 s37 CHAPTER A-1.03 AN ACT RESPECTING ACCESS TO HEALTH AND EDUCATIONAL SERVICES (Assented to June 1,2022) Analysis 1. Short title 2. Definitions 3. Activities restricted in access zone 4. Access zone 5. Injunction 6. Offence and penalties 7. Regulations Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Access to Health and Educational Services Act. 2022 cA-1.03 s1 Back to Top Definitions 2. In this Act (a) "access zone" means an access zone established under section 4; (b) "health care facility" means (i) a facility at which health services are provided , or (ii) a health care facility prescribed in the regulations, but does not include a health care facility that is excluded under the regulations; (c) "health services" means an observation, examination, assessment, service or procedure or care in relation to a patient that is carried out, provided or undertaken by or under the authority of the Provincial Health Authority and includes (i) health screening, protection and promotion, (ii) continuing and long term care, (iii) community health services, (iv) mental health and addiction services, (v) treatment of illness and injury, (vi) hospital care, (vii) evaluation, research and quality assurance, (viii) diagnostic services, (ix) ambulance services, (x) vaccination clinics, or (xi) those other services or procedures prescribed in the regulations; (d) "health service provider" means a person who (i) is employed by the Provincial Health Authority to provide a health service, (ii) is under contract with the Provincial Health Authority to provide a health service, or (iii) receives funding or payment from the government of the province to provide a health service and provides that health service under the authority of the Provincial Health Authority ; (e) "interference" means (i) persistently and repeatedly advising or persuading, or attempting to advise or persuade, a person to refrain from accessing health services or programming or services provided at a school, or (ii) persistently and repeatedly advising or persuading, or attempting to advise or persuade, a person to refrain from providing or facilitating the provision of health services or programming or services provided at a school; (f) "Provincial Health Authority" means the Provincial Health Authority established under the Provincial Health Authority Act ; and (g) "school" means (i) a school as defined in the Schools Act, 1997 and to which that Act applies, or (ii) a school prescribed in the regulations. 2022 cA-1.03 s2 ; 2022 cP-30.1 s37 Back to Top Activities restricted in access zone 3. (1) While in an access zone, a person shall not do any of the following: (a) engage in interference; (b) physically interfere with or attempt to interfere with a person; or (c) intimidate or attempt to intimidate a person. (2) Notwithstanding subsection (1), a member of the Royal Newfoundland Constabulary or a member of the Royal Canadian Mounted Police may carry out their duties in an access zone. (3) Nothing in this section affects a right granted or activity authorized under the Interns and Residents Collective Bargaining Act , the Labour Relations Act , the Public Service Collective Bargaining Act or the Teachers' Collective Bargaining Act . 2022 cA-1.03 s3 Back to Top Access zone 4. (1) An access zone is established around every (a) health care facility; and (b) school. (2) An access zone established under subsection (1) includes the land on which a health care facility or school is located and an area that extends out 50 metres from the boundaries of the land on which the health care facility or school is located. (3) An access zone established under subsection (1) does not include (a) private property outside the land on which the health care facility or school is located, other than private property that the owner or operator of the health care facility or school owns or has an exclusive right to use or occupy; or (b) any portion of the land on which the health care facility or school is located that a person other than the owner or operator of the health care facility or school has an exclusive right to use or occupy. (4) The Lieutenant-Governor in Council may, by regulation, decrease the distance referred to in subsection (2) for a specific health care facility or school. 2022 cA-1.03 s4 Back to Top Injunction 5. (1) On application by a person, including the Attorney General, the Supreme Court may grant an injunction to restrain a person from contravening a provision of this Act. (2) An injunction may be granted under subsection (1) whether or not a penalty or other remedy is provided by this Act. 2022 cA-1.03 s5 Back to Top Offence and penalties 6. (1) A person who contravenes subsection 3(1) commits an offence. (2) A person is liable on a first conviction for an offence to a fine of not more than $5,000 or to imprisonment for not more than 6 months, or to both. (3) A person is liable on a second or subsequent conviction for an offence to (a) a fine of not less than $1,000 and not more than $10,000; or (b) both a fine under paragraph (a) and imprisonment for not more than one year. 2022 cA-1.03 s6 Back to Top Regulations 7. The Lieutenant-Governor in Council may make regulations (a) prescribing health care facilities for the purpose of paragraph 2(b); (b) excluding facilities at which health services are provided for the purpose of paragraph 2(b); (c) prescribing a service or procedure as a health service; (d) prescribing schools for the purpose of paragraph 2(g); (e) decreasing the distance referenced in subsection 4(2) with respect to an access zone; (f) defining a word or expression that is used but not defined in this Act; and (g) generally, to give effect to the purpose of this Act. 2022 cA-1.03 s7