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Bill 99, Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2022

Collard, Lucille

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Status

Debates

Acts affected

Original

Bill 99 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 99 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

Her

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for Human Trafficking Act, 2017 is repealed and the following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:

(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) Sections

18 and 19 of the Act are repealed and the following substituted: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

March 10, 2022

First Reading

Vote

Carried

Debates and Progress

First Reading

March 10, 2022

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 99

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Consumer Reporting Act

Prevention of and Remedies for Human Trafficking Act, 2017

Legislative Assembly of Ontario

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