
Ontario's
Public Works Protection Act is a 71 year old law that was created to protect public buildings and facilities. The statute is very short.
Guards and peace officers (including the police) who are assigned to protect these public assets have special powers which include the ability to search people entering a public facility, require people to show identification, and refuse entry into a public facility. Anyone who refuses an order from a guard or peace officer could be arrested and charged under the Act. The maximum penalty under the Act is a $500 fine and 2 months in prison.
The Act covers the follow "public works”: any railway, canal, highway, bridge, power works including all property used for the generation, transformation, transmission, distribution or supply of hydraulic or electrical power, gas works, water works, public utility or other work, owned, operated or carried on by the Government of Ontario or by any board or commission thereof, or by any municipal corporation, public utility commission or by private enterprises, any provincial and any municipal public building, and
any other building, place or work designated a public work by the Lieutenant Governor in Council.The last part of the definition has been given a broad interpretation and likely where a legal challenge could be made. It allows the Ontario Cabinet to designate just about anywhere in Ontario to be a public works. On June 2, 2010 the Ontario Cabinet passed
Regulation 233/10 under the Public Works Protection Act which designated the following area to be a public work.
The area in the City of Toronto lying within a line drawn as follows:
Beginning at the curb at the southeast corner of Blue Jays Way and Front Street West; then north to the centre of Front Street West; then east along the centre of Front Street West to the east curb of Windsor Street; then north along the east curb of Windsor Street to the centre of Wellington Street; then east along the centre of Wellington Street to the centre of Bay Street; then south along the centre of Bay Street to a point directly opposite the north wall of Union Station; then west along the exterior of the north wall of Union Station to the centre of York Street; then south along the centre of York Street, continuing east of the abutments under the railway overpass, and continuing south along the centre of York Street to the centre of Bremner Boulevard; then west along the centre of Bremner Boulevard to the east curb of Lower Simcoe Street; then south along the east curb of Lower Simcoe Street to the north curb of Lake Shore Boulevard West; then west along the north curb of Lake Shore Boulevard West to the south end of the walkway that is located immediately west of the John Street Pumping Station and runs between Lake Shore Boulevard West and the bus parking lot of the Rogers Centre; then north along the west edge of that walkway to the bus parking lot of the Rogers Centre; then west along the south edge of the bus parking lot of the Rogers Centre to the west edge of the driveway running between the parking lot and Bremner Boulevard; then north along the west edge of that driveway to the north curb of Bremner Boulevard; then west along the north curb of Bremner Boulevard to the east curb of Navy Wharf Court; then north along the east curb of Navy Wharf Court to the southwest point of the building known as 73 Navy Wharf Court; then east along the exterior of the south wall of that building; then north along the exterior of the east wall of that building to the curb of Blue Jays Way; then north along the east curb of Blue Jays Way to the curb at the southeast corner of Blue Jays Way and Front Street West.

The Regulation has been on the government website since June 16th but obviously no one has noticed it. E-laws isn't the easiest website to access. The Regulation has a short shelf life. It came into force on June 21st and expires on June 28th.
So was the Regulation passed in secrecy? Well the proceedings of Cabinet are confidential and are not accessible through Freedom on Information laws. So in fact it was passed in secrecy as are all regulations. But most regulations approved following public consultation. However, the government does make exceptions to the public consultation requirement for reasons such as security.
Does the Regulation create a police state? Not really. The statute has been on the books for 71 years and already applies to places like Union Station, highway 401, City Hall, etc. Cabinet extended the scope of the law to a section of Toronto for one week to address specific security needs.
I know that civil libertarians deplore things like this but it is being grossly overblown. It only applies to anyone trying to enter the security perimeter and does not turn the city into a police state.