Protecting Children from Sexual Exploitation Act, 2000 Flaherty, Hon. Jim Attorney General — Bill 176 (37th Parliament, 1st Session)

Bill 176, 37-1

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 176, Protecting Children from Sexual Exploitation Act, 2000

Flaherty, Hon. Jim Attorney General

Please select

View bill

Status

Debates

Original

[37] Bill 176 Original (PDF)

Bill 176

Bill 1762000

An Act to protect children

from sexual exploitation

and to amend the

Highway Traffic Act

Contents

Interpretation

Purpose

Definitions

Protection of Children

from Sexual Exploitation

Warrant to apprehend a child

Apprehension of child without warrant

Offence

Safe facility

Notice to parent

Show cause hearing

Application to court

Court order

Release of child

Restriction on access

Exclusion of person

Publication ban

Determination of safe facility

Medical treatment

Returning child to safe facility

Protection from personal liability

Child and Family Services Act not applicable

Regulations

Amendment to the

Highway Traffic Act

Amendment to the Highway Traffic Act

Commencement and

Short Title

Commencement

Short title

______________

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Interpretation

Purpose

(1) The purposes of this Act are to protect children

from sexual exploitation for commercial purposes and to assist children in

leaving situations in which they are sexually exploited for commercial

purposes.

Sexual exploitation

(2) For the purposes of this Act, a child is sexually exploited for

commercial purposes or is at risk of sexual exploitation for commercial

purposes if it is reasonable to believe that any of the following have taken

place or will take place:

1.The child engages in prostitution or attempts to engage in

prostitution.

2.The child engages in any sexually explicit activity in an adult

entertainment facility or in a massage parlor.

3.The child is in a common bawdy-house, within the meaning of

Part VII of

the Criminal Code (Canada).

4.The child acts as an escort for the monetary gain of any person.

5.The child engages in communications of a sexual nature for the monetary

gain of any person.

6.The child is used in making sexually explicit or pornographic

images.

7.The child engages in any other activity of a sexual nature for the

monetary gain of any person.

Definitions

2. In this Act, "

child" means an individual who is under 18 years of age; ("enfant") "

children's aid society worker" means a local director for the purposes of

the Child and Family Services Act or an individual authorized by a

local director for the purposes of this Act; ("prpos d'une socit d'aide

l'enfance") "

court" means the Ontario Court of Justice or the Family Court of the

Superior Court of Justice; ("tribunal") "

justice" means a justice of the peace or a judge of the court; ("juge")

Minister" means the Minister of Community and Social Services or such

other member of the Executive Council as may be designated under the

Executive Council Act to administer this Act; ("ministre") "

parent" means, in respect of a child, an individual who would be a parent

of the child within the meaning of subsection 43 (1) of the Child and

Family Services Act , if the definition of "child" for the purposes of

Part III of that Act included every child under 18 years of age; ("pre ou

mre") "

regulations" means the regulations made under this Act; ("rglements")

safe facility" means premises designated by the Minister as a safe

facility; ("tablissement sr") "

society" means an agency designated as a children's aid society for the

purposes of the Child and Family Services Act . ("socit")

Protection of Children

from Sexual Exploitation

Warrant to apprehend a child

(1) A police officer or a children's aid society

worker may apply to a justice for a warrant under subsection (2) to apprehend

an individual if the police officer or worker has reasonable grounds to

believe that the individual is a child who is sexually exploited for

commercial purposes or is at risk of sexual exploitation for commercial

purposes.

Same

(2) If the justice is satisfied on the basis of the sworn information of

the police officer or worker that the individual is a child who is sexually

exploited for commercial purposes or is at risk of sexual exploitation for

commercial purposes, the justice may issue a warrant authorizing the police

officer or worker to,

(a)apprehend the child;

(b)convey the child to a safe facility; and

(c)enter a place or premises in which the child may be found, by force if

necessary, to search for and apprehend the child.

Telephone warrant

(3) If the police officer or worker considers it impracticable to appear

personally before a justice, he or she may apply for the warrant by

submitting an information on oath by telephone or other means of

telecommunication to a justice designated for the purpose by the Chief

Justice of the Ontario Court of Justice.

Processing of telephone warrant

(4) If the application for a warrant issued under this

section is made by

telephone or other means of telecommunication,

(a)the justice shall complete and sign the warrant, noting on its face the

time, date and place at which it was made;

(b)the police officer or worker, on the direction of the justice, shall

complete, in duplicate, a facsimile of the warrant, noting on its face the

name of the justice who issued the warrant and the time, date and place at

which it was made; and

(c)the justice shall cause the warrant to be filed with the clerk of the

court as soon as practicable after the warrant is issued.

Child's name, location not required

(5) It is not necessary in an application or warrant to describe the child

by name or to specify the premises where the child is located.

Validity of warrant

(6) A warrant is valid even though the circumstances in which it was

issued did not make it impracticable to appear personally before a judge to

obtain it.

Apprehension of child without warrant

(1) A police officer or a children's aid society

worker may apprehend an individual without a warrant and convey him or her to

a safe facility if,

(a)the police officer or worker has reasonable grounds to believe that the

individual is a child who is sexually exploited for commercial purposes or is

at risk of sexual exploitation for commercial purposes; and

(b)the police officer or worker is of the opinion that it is impracticable

in the circumstances to obtain a warrant under

section 3 before apprehending

the individual.

Right to enter without warrant

(2) A police officer or worker acting under subsection (1) may enter any

place or premises, without warrant and by force if necessary, to search for

and apprehend the individual if the police officer or worker has reasonable

and probable grounds to believe that the individual may be found there.

Offence

5. Any person who obstructs or interferes with or

attempts to obstruct or interfere with a police officer or a children's aid

society worker who is exercising any power or performing any duty under this

Act is guilty of an offence and is liable on conviction to a fine of not more

than $25,000 or to imprisonment for a period of not more than six months, or

to both.

Safe facility

(1) A police officer or children's aid society worker

who apprehends an individual under this Act shall take the individual to a

safe facility.

Notice to society

(2) If an individual is apprehended under this Act by a police officer,

the police officer or the administrator of the safe facility to which the

individual is taken shall notify the society of the apprehension and the

location of the safe facility to which the individual is taken.

Release if over 18 years

(3) The administrator of the safe facility shall authorize the release of

the individual and notify the society of the release if he or she is

satisfied that the individual was at least 18 years of age at the time of

apprehension.

Notice to parent

(1) The society shall make reasonable efforts to

inform the child's parent of the child's apprehension under this Act if the

child appears to be under 16 years of age.

Validity of action

(2) The validity of any action taken under this Act is not affected by the

failure after reasonable efforts to inform a child's parent of the child's

apprehension.

Show cause hearing

(1) Within 24 hours after a child is apprehended, or

as soon thereafter as is practicable, the matter shall be brought before a

justice and the society shall show cause why it is reasonable to believe that

the child was sexually exploited for commercial purposes or was at risk of

sexual exploitation for commercial purposes at the time the child was

apprehended.

Notice to child

(2) The society shall ensure that the child is informed in writing before

the show cause hearing of,

(a)the reasons for the apprehension;

(b)the time and place of the show cause hearing;

(c)the child's right to attend the show cause hearing;

(d)the child's right to contact a lawyer; and

(e)the telephone number of the nearest office of Legal Aid Ontario.

Hearing by telephone

(3) A show cause hearing may be held by telephone or by other means of

telecommunication in accordance with procedures established by the court.

Order for confinement

(4) If the justice is satisfied that it is reasonable to believe that at

the time of the apprehension the child was sexually exploited for commercial

purposes or was at risk of sexual exploitation for commercial purposes, the

justice shall order that the child be confined for assessment in a safe

facility.

Application to court

(1) This

section applies if a justice has ordered a

child to be confined in a safe facility under

section 8.

Application

(2) The society shall apply to the court for an order confining the child

in a safe facility and the matter shall be brought before the court within

five days after the child is apprehended.

Notice

(3) The society shall take reasonable steps to ensure that a copy of the

application is provided to,

(a)the child named in the application; and

(b)such other person or persons as may be required under rules prescribed

by the regulations.

Contents of application

(4) An application under this

section shall advise the child of his or her

right to attend the hearing and to have legal representation.

Confinement pending hearing

(5) Until the court makes a final order under this

section in respect of a

child, the child shall remain confined in a safe facility.

Validity of action

(6) The validity of any action taken under this Act is not affected by the

failure after reasonable efforts to provide a copy of the application under

this

section to any person.

Court order

(1) The court may order that,

(a)the child be confined in a safe facility if the court is of the opinion

that continued confinement will assist the child to end his or her sexual

exploitation or will lessen the risk that the child will be sexually

exploited;

(b)the child be returned to the custody of his or her parent; or

(c)the child be released.

Period of confinement

(2) The total number of days that a child may be confined in a safe

facility after the child is apprehended under

section 3 or 4 must not exceed

30 days.

Child attaining 18 years

(3) If the child is under 18 years of age when he or she is apprehended

under this Act, the court may hear and determine the matter and make an order

under this Act as if the child were still under 18 years of age.

Release of child

11. At the end of the period during which a child is

required to be confined in a safe facility, the safe facility shall do one of

the following:

1.If the child is under 16 years of age, the safe facility shall return

the child to the custody of his or her parent or shall notify the society

that the child is or

Document details

Collection	Ontario — Bills
Citation	Bill 176, 37-1
Type	bill
Volume / chapter	p37 s1 bill 176 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	16bead3876520c68200edf1fd2afb040b1e91ebc

Source file is stored in the law ingest library (html).