Ontario Bill 41 (43rd Parliament, 1st Session)
Bill 41, 43-1
Ontario — Bills
role="main" class="main-container container js-quickedit-main-content" id="main-content">
Bill 41, Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2023
Collard, Lucille
Glover, Chris
Schreiner, Mike
Scott, Laurie
Royal Assent received. Statutes of Ontario 2023,
chapter 16
Please select
View bill
Status
Debates
Acts affected
Royal Assent
As Amended by Standing Committee
Original
Bill 41 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 41 and does not form part of the law.
Bill 41 has been enacted as
Chapter 16 of the Statutes of Ontario, 2023.
The
Bill amends the Consumer Reporting Act and the Prevention of and Remedies for Human Trafficking Act, 2017 .
The Consumer Reporting Act is amended to prohibit
the inclusion in consumer reports of information respecting any coerced debt.
The Prevention of and Remedies for Human Trafficking Act,
2017 is amended to add a new
Part IV, which provides for the concept of
a coerced debt, that being a debt incurred as a result of the debtor being subjected
to human trafficking. The provisions of this new Part prohibit the collection
of coerced debts and prohibit persons or entities from taking them into
consideration when determining whether to provide credit services or products
to the debtor. In the case of a dispute between a creditor and a debtor as to
whether a debt is a coerced debt, either may apply to a prescribed individual
or group of individuals for a determination.
Bill 41 2023
Act to amend the Consumer Reporting Act and the Prevention of and Remedies for
Human Trafficking Act, 2017 with respect to certain debts incurred in relation
to human trafficking
His
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Consumer
Reporting Act
Subsection 9 (3) of the Consumer Reporting Act is
amended by adding the following clause:
(b.1) information
respecting any coerced debt within the meaning of
section 18 of the Prevention of, Remedies for and Measures to Support Recovery
from Human Trafficking Act, 2017 ;
Prevention
of and Remedies for Human Trafficking Act, 2017
(1) The title of the Prevention of and Remedies
for Human Trafficking Act, 2017 is repealed and the following
substituted:
Prevention
of, Remedies for and Measures to Support Recovery from Human Trafficking Act,
(2) Section
1 of the Act is amended by striking out “this Act” in the portion before the
definition of “human trafficking” and substituting “Parts II and III”.
(3) Part
IV of the Act is repealed and the following substituted:
PART IV
COERCED DEBTS INCURRED IN RELATION TO HUMAN TRAFFICKING
Interpretation,
“coerced debt”
Subject
to the regulations, a debt is a coerced debt for the purposes of this
Part if
the debt was incurred as a result of the debtor being subjected to human
trafficking.
Prohibition
on collection of debts
Despite
any other Act, no person or entity shall, through any means whatsoever,
knowingly collect or attempt to collect a coerced debt.
Debt
not to be considered
Where
the existence of a coerced debt has been established, no person or entity who
is determining whether to provide a debtor who has been subjected to human
trafficking with credit services or products shall take the existence of the
coerced debt into consideration when making that determination.
Application
to prescribed individual or group of individuals
(1) Subject
to subsection (2), in the case of a disagreement as to the application of this
Part to a debt, the debtor or creditor may apply to a prescribed individual or
group of individuals for a determination as to whether the debt is a coerced
debt.
Same
(2) An
application by a debtor must be accompanied by a letter from an organization
that satisfies the prescribed criteria, setting out prescribed information in
support of the application.
Determination
(3) After
affording the debtor and creditor an opportunity to be heard, the prescribed
individual or group of individuals shall,
(
a) make
a determination as to whether the debt, or some part of it, is a coerced debt
and, if applicable, the amount of the coerced debt; and
(
b) notify
the debtor and creditor of the determination in writing.
Regulations
22 The Minister
responsible for the administration of this Act may make regulations respecting
any matter necessary or advisable to carry out effectively the intent and
purpose of this Part and, without limiting the generality of the foregoing, may
make regulations,
(
a) respecting
anything that, under this Part, may or must be prescribed or done by
regulation;
(
b) prescribing
types of debts that are not coerced debts for the purposes of this Part;
(
c) prescribing
criteria that must be satisfied in order for a coerced debt to be established;
(
d) governing
applications made under
section 21, including governing the application of the Statutory Powers Procedure Act or any of its provisions.
Crown
bound
This
Part binds the Crown.
Commencement
This Act comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Short
title
The
short title of this Act is the Protection from Coerced Debts Incurred in relation to Human
Trafficking Act, 2023 .
Bill 41 As Amended by Standing Committee (PDF)
This reprint of the Bill is marked to indicate the changes that were made in Committee.
The changes are indicated by underlines for new text and a strikethrough for deleted text.
______________
EXPLANATORY NOTE
The Bill amends the Consumer Reporting Act and the Prevention of and Remedies for Human Trafficking Act, 2017 . The Consumer Reporting Act is amended to prohibit the inclusion in consumer reports of unfavourable information about a consumer that resulted from human trafficking information respecting any coerced debt . The Prevention of and Remedies for Human Trafficking Act, 2017 is amended to add a new
Part IV, which provides for the concept of a coerced debt, that being a debt incurred under a credit facility while the debtor was as a result of the debtor being subjected to human trafficking. The provisions of this new Part prohibit the collection of coerced debts and prohibit persons or entities from taking them into consideration when determining whether to provide credit services or products to the debtor. In the case of a dispute between a creditor and a debtor as to whether a debt is a coerced debt, either may apply to a Tribunal prescribed individual or group of individuals for a determination.
Bill 41 2023
An Act to amend the Consumer Reporting Act and the Prevention of and Remedies for Human Trafficking Act, 2017 with respect to certain debts incurred in relation to human trafficking
His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Consumer Reporting Act
1 Subsection 9 (3) of the Consumer Reporting Act is amended by adding the following clause:
(b.1) any unfavourable personal information about a consumer having resulted from human trafficking as defined in
section 1 of the Prevention of, Remedies for and Measures to Support Recovery from Human Trafficking Act, 2017 ;
(b.1) information respecting any coerced debt within the meaning of
section 18 of the Prevention of, Remedies for and Measures to Support Recovery from Human Trafficking Act, 2017 ;
Prevention of and Remedies for Human Trafficking Act, 2017
(1) The title of the Prevention of and Remedies for Human Trafficking Act, 2017 is repealed and the following substituted:
Prevention of, Remedies for and Measures to Support Recovery from Human Trafficking Act, 2017
(2) Section 1 of the Act is amended by striking out “this Act” in the portion before the definition of “human trafficking” and substituting “Parts II and III”.
(3) Part IV of the Act is repealed and the following substituted:
PART IV
COERCED DEBTS INCURRED IN RELATION TO HUMAN TRAFFICKING
Interpretation
18 A debt is a coerced debt for the purposes of this
Part if,
(
a) the debt was incurred under a credit facility; and
(
b) the debt was incurred while the debtor was being subjected to human trafficking.
Interpretation, “coerced debt”
18 Subject to the regulations, a debt is a coerced debt for the purposes of this
Part if the debt was incurred as a result of the debtor being subjected to human trafficking.
Prohibition on collection of debts
19 Despite any other Act, no person or entity shall, through any means whatsoever, collect or attempt to collect a coerced debt.
Prohibition on collection of debts
19 Despite any other Act, no person or entity shall, through any means whatsoever, knowingly collect or attempt to collect a coerced debt.
Debt not to be considered by creditor or others
20 No person or entity, including a creditor who is owed a coerced debt, shall take the existence of a coerced debt into consideration when determining whether to provide the debtor with any services or products offered by the person or entity.
Debt not to be considered
20 Where the existence of a coerced debt has been established, no person or entity who is determining whether to provide a debtor who has been subjected to human trafficking with credit services or products shall take the existence of the coerced debt into consideration when making that determination.
Application to Tribunal
(1) In the case of a disagreement as to the application of this Part to a debt, the debtor or creditor may apply to the Tribunal for a determination as to whether the debt is a coerced debt.
Determination of Tribunal
(2) After affording the debtor and creditor an opportunity to be heard, the Tribunal shall,
(
a) make a determination as to whether the debt, or some part of it, is a coerced debt and, if applicable, the amount of the coerced debt; and
(
b) notify the debtor and creditor of its determination.
Definition
(3) In this section,
“Tribunal” means the tribunal prescribed for the purposes of this
section by the regulations made under this Part.
Regulations
22 The Minister responsible for the administration of this Act may make regulations respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part and, without limiting the generality of the foregoing, may make regulations,
(
a) prescribing a tribunal for the purposes of
section 21;
(
b) governing applications made to the Tribunal, including governing the application of the Statutory Powers Procedure Act or any of its provisions.
Application to prescribed individual or group of individuals
(1) Subject to subsection (2), in the case of a disagreement as to the application of this Part to a debt, the debtor or creditor may apply to a prescribed individual or group of individuals for a determination as to whether the debt is a coerced debt.
Same
(2) An application by a debtor must be accompanied by a letter from an organization that satisfies the prescribed criteria, setting out prescribed information in support of the application.
Determination
(3) After affording the debtor and creditor an opportunity to be heard, the prescribed individual or group of individuals shall,
(
a) make a determination as to whether the debt, or some part of it, is a coerced debt and, if applicable, the amount of the coerced debt; and
(
b) notify the debtor and creditor of the determination in writing.
Regulations
22 The Minister responsible for the administration of this Act may make regulations respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part and, without limiting the generality of the foregoing, may make regulations,
(
a) respecting anything that, under this Part, may or must be prescribed or done by regulation;
(
b) prescribing types of debts that are not coerced debts for the purposes of this Part;
(
c) prescribing criteria that must be satisfied in order for a coerced debt to be established;
(
d) governing applications made under
section 21, including governing the application of the Statutory Powers Procedure Act or any of its provisions.
Crown bound
23 This Part binds the Crown.
Commencement
3 This Act comes into force on the day it receives Royal Assent a day to be named by proclamation of the Lieutenant Governor .
Short title
4 The
short title of this Act is the Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2023 .
Bill 41 Original (PDF)
EXPLANATORY
NOTE
The
Bill amends the Consumer Reporting Act and the Prevention of and Remedies for Human Trafficking Act, 2017 .
The Consumer Reporting Act is amended to prohibit
the inclusion in consumer reports of unfavourable information about a consumer
that resulted from human trafficking. The Prevention of
and Remedies for Human Trafficking Act, 2017 is amended to add a new
Part IV, which provides for the concept of a coerced debt, that being a debt
incurred under a credit facility while the debtor was subjected to human
trafficking. The provisions of this new Part prohibit the collection of coerced
debts and prohibit persons or entities from taking them into consideration when
determining whether to provide services or products to the debtor. In the case
of a dispute between a creditor and a debtor as to whether a debt is a coerced
debt, either may apply to a Tribunal for a determination.
Bill 41 2022
Act to amend the Consumer Reporting Act and the Prevention of and Remedies for
Human Trafficking Act, 2017 with respect to certain debts incurred in relation
to human trafficking
His
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Consumer
Reporting Act
Subsection 9 (3) of the Consumer Reporting Act is
amended by adding the following clause:
(b.1) any
unfavourable personal information about a consumer having resulted from human
trafficking as defined in
section 1 of the Prevention of,
Remedies for and Measures to Support Recovery from Human Trafficking Act, 2017 ;
Prevention
of and Remedies for Human Trafficking Act, 2017
(1) The title of the Prevention of and Remedies
for Human Trafficking Act, 2017 is repealed and the following
substituted:
Prevention
of, Remedies for and Measures to Support Recovery from Human Trafficking Act,
(2) Section
1 of the Act is amended by striking out “this Act” in the portion before the
definition of “human trafficking” and substituting “Parts II and III”.
(3) Part
IV of the Act is repealed and the following substituted:
PART IV
COERCED DEBTS INCURRED IN RELATION TO HUMAN TRAFFICKING
Interpretation
A debt
is a coerced debt for the purposes of this
Part if,
(
a) the
debt was incurred under a credit facility; and
(
b) the
debt was incurred while the debtor was being subjected to human trafficking.
Prohibition
on collection of debts
Despite
any other Act, no person or entity shall, through any means whatsoever, collect
or attempt to collect a coerced debt.
Debt
not to be considered by creditor or others
person or entity, including a creditor who is owed a coerced debt, shall take
the existence of a coerced debt into consideration when determining whether to
provide the debtor with any services or products offered by the person or
entity.
Application
to Tribunal
(1) In
the case of a disagreement as to the application of this Part to a debt, the
debtor or creditor may apply to the Tribunal for a determination as to whether
the debt is a coerced debt.
Determination
of Tribunal
(2) After
affording the debtor and creditor an opportunity to be heard, the Tribunal
shall,
(
a) make
a determination as to whether the debt, or some part of it, is a coerced debt
and, if applicable, the amount of the coerced debt; and
(
b) notify
the debtor and creditor of its determination.
Definition
(3) In
this section,
“Tribunal”
means the tribunal prescribed for the purposes of this
section by the
regulations made under this Part.
Regulations
The
Minister responsible for the administration of this Act may make regulations
respecting any matter necessary or advisable to carry out effectively the
intent and purpose of this Part and, without limiting the generality of the
foregoing, may make regulations,
(
a) prescribing
a tribunal for the purposes of
section 21;
(
b) governing
applications made to the Tribunal, including governing the application of the Statutory Powers Procedure Act or any of its provisions.
Crown
bound
This
Part binds the Crown.
Commencement
This Act comes into force on the day it receives Royal Assent.
Short
title
The
short title of this Act is the Protection from Coerced
Debts Incurred in relation to Human Trafficking Act, 2022 .
Date Bill stage Event Outcome Committee
December 4, 2023
Royal Assent
Royal Assent received
November 29, 2023
Third Reading
Vote
Carried
November 29, 2023
Third Reading
Question put
November 29, 2023
Third Reading
Debated
September 25, 2023
Second Reading
Ordered for Third Reading
September 25, 2023
Second Reading
Report adopted
September 25, 2023
Second Reading
Reported as amended
Standing Committee on Justice Policy
September 14, 2023
Second Reading
Consideration of a Bill
Standing Committee on Justice Policy
July 10, 2023
Second Reading
Consideration of a Bill
Standing Committee on Justice Policy
February 23, 2023
Second Reading
Ordered referred to Standing Committee
Standing Committee on Justice Policy
February 23, 2023
Second Reading
Vote
Carried
February 23, 2023
Second Reading
Question put
February 23, 2023
Second Reading
Debated
November 16, 2022
First Reading
Ordered for Second Reading
November 16, 2022
First Reading
Vote
Carried
First Reading
November 16, 2022
Carried
Second Reading
February 23, 2023
Blais, Stephen
Orléans
Collard, Lucille
Ottawa—Vanier
Dixon, Jess
Kitchener South—Hespeler
Glover, Chris
Spadina—Fort York
Schreiner, Mike
Guelph
Scott, Laurie
Haliburton—Kawartha Lakes—Brock
Wong-Tam, Kristyn
Toronto Centre
Carried
Ordered referred to Standing Committee
Standing Committee on Justice Policy
July 10, 2023
Consideration of a Bill
Standing Committee on Justice Policy
September 25, 2023
Reported as amended
Standing Committee on Justice Policy
Ordered for Third Reading
Third Reading
November 29, 2023
Collard, Lucille
Ottawa—Vanier
Glover, Chris
Spadina—Fort York
Schreiner, Mike
Guelph
Scott, Laurie
Haliburton—Kawartha Lakes—Brock
Question put
Carried
Royal Assent
December 4, 2023
Royal Assent received