Note: The focus of Bill 207 is Section 2(a) of the Canadian Charter of Rights and Freedoms. In context:
Fundamental Freedoms
2.Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
The text of the bill as introduced in its first reading on 7 November, 2019 is in the left column below.
In the right column is the text of the bill as it would be modified by amendments proposed by the bill's sponsor on 18 November, 2019. The amendments cannot be introduced unless and until the bill is returned to the Assembly for second reading.
AS INTRODUCED
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AMENDMENTS PROPOSED BY BILL SPONSOR
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Definitions
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Definitions
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1. In this Act,
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1. In this Act,
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(a) "complaint" means a complaint received by the complaints director for a regulatory body under section 55(1) of the Health Professions Act;
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(a) "complaint" means a complaint received by the complaints director for a regulatory body under section 55(1) of the Health Professions Act;
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(b) "Charter" means the Canadian Charter of Rights and Freedoms;
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(b) "Charter" means the Canadian Charter of Rights and Freedoms;
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(c) "conscientious beliefs", of a health care provider or a religious health care organization, means the beliefs of the health care provider or religious health care organization that are protected as fundamental freedoms under section 2(a) of the Charter, including religious beliefs, moral and ethical values and cultural traditions;
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(c) "conscientious beliefs", means a health care provider’s or religious health care organization’s sincerely-held beliefs that are protected as fundamental freedoms under section 2(a) of the Charter;
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(d) "health care provider" means a regulated member who holds a practice permit in good standing that has been issued by a regulatory body;
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(d) "health care provider" means a regulated member who holds a practice permit in good standing that has been issued by a regulatory body;
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(e) "health care service" means a professional service as defined in the Health Professions Act1,2 and includes the provision of a formal or informal referral in respect of a patient;
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(e) "health care service" means a professional service as defined in the Health Professions Act1,2 and includes the provision of a referral in respect of a patient;
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(f) "practice permit" has the same meaning as in the Health Professions Act;
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(f) "practice permit" has the same meaning as in the Health Professions Act;
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(g) "regulated member" has the same meaning as in the Health Professions Act;
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(g) "regulated member" has the same meaning as in the Health Professions Act;
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(h) "regulated profession" has the same meaning as the Health Professions Act;
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(h) "regulated profession" has the same meaning as the Health Professions Act;
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(i) "regulatory body" means the college of a regulated profession;
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(i) "regulatory body" means the college of a regulated profession;
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(j) "religious health care organization" means a body corporate that provides health care services in accordance with its religious beliefs;
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(j) "religious health care organization" means a body corporate that provides health care services in accordance with its religious beliefs;
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(k) "unprofessional conduct" has the same meaning as in the Health Professions Act.3
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(k) "unprofessional conduct" has the same meaning as in the Health Professions Act.3
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Purposes
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Purposes
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2(1) The purposes of this Act are
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2(1) The purposes of this Act are
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(a) to create certainty regarding the exercise of rights under section 2(a) of the Charter by health care providers and religious health care organizations,
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(a) to create certainty regarding the exercise of rights under section 2(a) of the Charter by health care providers and religious health care organizations,
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(b) to ensure regulatory bodies respect the rights of health care providers under section 2(a) of the Charter, specifically in respect of a complaint made against a health care provider that is based on the health care provider’s exercise of those rights,
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(b) to ensure regulatory bodies respect the rights of health care providers under section 2(a) of the Charter, specifically in respect of a complaint made against a health care provider that is based on the health care provider’s exercise of those rights in good faith,
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(c) to protect health care providers who exercise their rights under section 2(a) of the Charter from employment discrimination,
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(c) to protect health care providers who exercise their rights under section 2(a) of the Charter in good faith from employment discrimination,
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(d) to ensure that religious health care organizations are able to support their employees who wish to exercise their rights under section 2(a) of the Charter, and
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(d) to ensure that religious health care organizations are able to support their employees who wish to exercise their rights under section 2(a) of the Charter in good faith,
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(e) to protect health care providers and religious health care organizations from being subject to a claim for damages based on the exercise of rights under section 2(a) of the Charter.
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(e) to protect health care providers and religious health care organizations from being subject to a claim for damages based on the exercise of rights under section 2(a) of the Charter in good faith, and
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(f) to respect the rights of patients to access health care services
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(2) For greater certainty, nothing in this Act derogates from a health care provider's or religious health care organization's obligations to their patients, which may include informing individuals of options in respect of receiving a health care service.
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(2) For greater certainty, nothing in this Act, specifically sections 3 and 4, derogates from a health care provider's or religious health care organization's obligations to their patients, or any other individual, which includes timely access to resources that provide accurate information about all available health care services.
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Conscience-based objection to provision of health care service
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Conscience-based objection to provision of health care service
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3. If a health care provider or religious health care organization determines that their conscientious beliefs would be infringed by providing a specific health care service to an individual, the health care provider or religious health care organization is not required to provide that health care service to the individual.
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3. If a health care provider or religious health care organization determines that their conscientious beliefs would be infringed by providing a specific health care service to an individual, the health care provider or religious health care organization is not required to provide that health care service to the individual, except if not providing the health care service would result in an imminent risk of death to them.
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Regulatory body may not compel performance
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Regulatory body may not compel performance
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4. Despite any provision of the Health Professions Act, a regulatory body may not
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4. Despite any provision of the Health Professions Act, a regulatory body may not
impose a requirement on a health care provider that may result in the health care provider being compelled, directly or indirectly, to perform a health care service that they determine would infringe their conscientious beliefs.
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(a) impose a requirement on a health care provider that may result in the health care provider being compelled, directly or indirectly, to perform a health care service that they determine would infringe their conscientious beliefs, or
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(b) impose a requirement or standards on a health care provider to make statements to any person or body that would infringe the health care provider’s conscientious beliefs.
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Regulatory body must dismiss complaint
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5(1) On receiving a complaint in accordance with section 55(1) of the Health Professions Act, the subject matter of which is a health care provider’s decision not to provide a health care service based on their conscientious beliefs, the complaints director for the regulatory body that received the complaint must immediately
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(a) dismiss the complaint, and
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(b) provide notice of the dismissal to the complainant.
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(2) For the purposes of section 56 of the Health Professions Act, the complaints director for a regulatory body must not treat any information that they receive about a health care provider’s decision not to provide a health care service based on their conscientious beliefs as a complaint or grounds for a complaint.
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(3) For greater certainty, subsections (1) and (2) do not apply to any part of a complaint or information that deals with conduct other than the health care provider’s decision not to provide a health care service based on their conscientious beliefs.
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Decision based on conscientious beliefs not unprofessional conduct
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Decision based on conscientious beliefs not unprofessional conduct
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6. For the purpose of sections 56 and 57 of the Health Professions Act, a health care provider’s decision to not provide a health care service based on their conscientious beliefs is not to be considered as unprofessional conduct.
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5. For the purpose of sections 56 and 57 of the Health Professions Act, a health care provider’s decision in good faith to not provide a health care service based on their conscientious beliefs is not to be considered as unprofessional conduct.
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Protection from liability
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Protection from liability
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7. No action lies, nor may be commenced nor maintained, against a health care provider or religious health care organization in respect of a decision that they, or their employees, made to not provide a health care service to an individual that is based on their conscientious beliefs.
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6. No action lies, nor may be commenced nor maintained, against a health care provider or religious health care organization in respect of a decision that they, or their employees, made in good faith to not provide a health care service to an individual that is based on their conscientious beliefs.
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Amends RSA 2000 cA-25.5
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Amends RSA 2000 cA-25.5
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8(1) The Alberta Human Rights Act is amended by this section.
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7(1) The Alberta Human Rights Act is amended by this section.
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(2) The preamble is amended in the 2nd recital by striking out "religious beliefs" and substituting "religious beliefs, conscientious beliefs".
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(2) The preamble is amended in the 2nd recital by striking out "religious beliefs" and substituting "religious beliefs, conscientious beliefs".
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(3) Section 7 is amended in subsection (1) by striking out "religious beliefs" and substituting "religious beliefs, conscientious beliefs".
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(3) Section 7 is amended in subsection (1) by striking out "religious beliefs" and substituting "religious beliefs, conscientious beliefs".
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(i) displaying a lack of knowledge of or lack of skill or judgment in the provision of professional services;
(ii) contravention of this Act, a code of ethics or standards of practice;
(iii) contravention of another enactment that applies to the profession;
(iv) representing or holding out that a person was a regulated member and in good standing while the person’s registration or practice permit was suspended or cancelled;
(v) representing or holding out that person’s registration or practice permit is not subject to conditions when it is or misrepresenting the conditions;
(vi) failure or refusal (A) to comply with the requirements of the continuing competence program, or (B) to co-operate with a competence committee or a person appointed under section 11 undertaking a practice visit;
(vi.1) failure or refusal (A) to comply with a request of or co-operate with an
inspector; (B) to comply with a direction of the registrar made under section 53.4(3);
(vii) failure or refusal (A) to comply with an agreement that is part of a ratified settlement, (B) to comply with a request of or co-operate with an investigator, (C) to undergo an examination under section 118, or (D) to comply with a notice to attend or a notice to produce under Part 4;
(viii) contravening an order under Part 4, conditions imposed on a practice permit or a direction under section 118(4);
(ix) carrying on the practice of the regulated profession with a person who is contravening section 98 or an order under Part 4 or conditions imposed on a practice permit or a direction under section 118(4);
(x) carrying on the practice of the regulated profession of physicians, surgeons, osteopaths, dentists, chiropractors or optometrists on behalf of a corporation that does not meet the requirements of sections 104 to 115 or as a partner of a partnership that does not meet the requirements of
section 98(3);