Bill 132 explained in plain English
Protection of Public Participation Act, 2012
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 40th Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
The Protection of Public Participation Act, 2012, allows for the dismissal of legal proceedings that interfere with public participation in matters of public interest and amends the Statutory Powers Procedure Act regarding cost applications.
This Ontario bill, called the Protection of Public Participation Act, 2012, aims to protect people who participate in public affairs from being sued in a way that could silence or discourage their participation. It allows a defendant in a legal case to ask a court or tribunal to dismiss the case if they believe the case is about something that involves public interest. The bill sets out the conditions under which a case can be dismissed, rules for costs, how to bring such a motion, and rights to appeal. It also affects related legal proceedings and provides qualified privilege for communications on matters of public interest. Additionally, it amends another act to change how applications for costs are handled in certain tribunal proceedings.
- Creates the Protection of Public Participation Act, 2012.
- Allows a defendant in a legal proceeding to bring a motion to dismiss the proceeding if it relates to communication or conduct involving a matter of public interest.
- Sets out the criteria for a court or tribunal to consider when deciding whether to dismiss a proceeding.
- Establishes rules for the payment of costs when a proceeding is dismissed or not dismissed.
- Outlines the procedure for bringing a motion to dismiss a proceeding.
- Provides for the suspension of further steps in a proceeding once a motion to dismiss is served.
- Allows for the suspension of related proceedings or public consultation processes.
- Establishes a right to appeal decisions made on motions to dismiss.
- Grants qualified privilege to communications on matters of public interest between parties with a direct interest.
- Amends the Statutory Powers Procedure Act to require that applications for orders to pay costs must generally be made in writing.
- Authorizes the Lieutenant Governor in Council to make regulations related to the procedures and administration of the Act.
- Defendants in legal proceedings
- Plaintiffs in legal proceedings
- Courts
- Tribunals
- Individuals participating in matters of public interest
- Persons who communicate on matters of public interest
- Right for a defendant to bring a motion to dismiss a proceeding if it concerns a matter of public interest.
- Obligation for courts and tribunals to consider specific tests before dismissing a proceeding.
- Right for a defendant to receive full indemnity costs if a proceeding is dismissed.
- Potential for a plaintiff to be ordered to pay damages if a proceeding is found to be in bad faith or for an improper purpose.
- Right for a party to appeal a decision on a motion to dismiss.
- Qualified privilege for communications on matters of public interest.
- The Act comes into force on the day it receives Royal Assent.
- A defendant whose motion to dismiss is successful is entitled to costs representing full indemnity, unless the court or tribunal finds it inappropriate.
- A plaintiff whose proceeding is dismissed may be ordered to pay damages if the proceeding was brought in bad faith or for an improper purpose.
- A defendant whose motion to dismiss is unsuccessful may be ordered to pay the plaintiff's costs for the motion.
- If a proceeding is dismissed, the plaintiff may be ordered to pay damages to the defendant if the proceeding was brought in bad faith or for an improper purpose.
- The determination of what constitutes a 'matter of public interest' is subject to the court or tribunal's assessment.
- The requirement for a plaintiff to satisfy the court or tribunal on substantial merit, valid defence, and harm outweighing harm to freedom of expression.
- The court or tribunal has discretion in determining costs and awarding damages.
- Regulations may prescribe further terms and requirements for procedures.
This new Act provides a mechanism to dismiss legal proceedings that are deemed to interfere with public participation in matters of public interest.
This amendment requires that applications for orders to pay costs must be made in writing, unless doing so would cause significant prejudice to a party.
Source: Section 13
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
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Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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