Children's Safety and Protection Rights Act, 2008 MacLeod, Lisa — Bill 130 (39th Parliament, 1st Session)

Bill 130, 39-1

Ontario — Bills

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Bill 130, Children's Safety and Protection Rights Act, 2008

MacLeod, Lisa

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[39] Bill 130 Original (PDF)

Bill 130 2008

An Act to amend

various Acts related to the safety and protection of children

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History on www.e-Laws.gov.on.ca.

Preamble

November 20, 1989, the United Nations Convention on the Rights of the Child was

adopted in the United Nations General Assembly. Canada ratified the Convention

in 1991, and all provinces have adopted it.

accordance with

Article 19 of the Convention, it is important that the Province of Ontario enshrine in law basic, measurable rights to protect children from all

forms of violence, abuse, injury, neglect, negligent treatment, sexual abuse

and exploitation.

Therefore,

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

the Province of Ontario, enacts as follows:

Christopher's Law (Sex Offender Registry), 2000

(1) The

short title of Christopher's Law (Sex Offender

Registry), 2000 is repealed and the following substituted:

Christopher's Law

(Sex Offender and Child Abuse Registries)

(2) The Act is amended by adding the

following heading immediately before

section 2:

Sex

Offender Registry

(3) The Act is amended by adding the

following sections:

Child

Abuse Registry

Child abuse registry

11.1

(1) The

ministry shall establish and maintain a child abuse registry containing the information

received under subsection (2) of persons who have been convicted of any of the

following offences or who are serving a sentence for such a conviction, where

the victim of the offence was under 16 years of age at the time of the offence:

1. An

offence under

section 151 (sexual interference), 152 (invitation to sexual

touching), subsection 153 (1) (sexual exploitation), 155 (1) (incest), 160 (1),

(2) or (3) (bestiality), 163.1 (2), (3) or (4) (child pornography),

section 170

(parent or guardian procuring sexual activity), subsection 173 (2) (exposure),

section 271 (sexual assault), subsection 272 (1) (sexual assault with a weapon,

threats to a third party or causing bodily harm) or

section 273 (aggravated sexual

assault) of the Criminal

Code (Canada).

2. An

offence under subsection 79 (2) (child abuse), 79 (3) (leaving child

unattended) or 79 (5) (allowing child to loiter) of the Child and Family Services Act .

Information submitted to ministry

(2) If a person is convicted of an offence listed in subsection

(1) or is serving a sentence for such a conviction, the court making the

conviction shall forward the following information to the ministry, where the

victim of the offence was under 16 years of age at the time of the offence:

1. The

person's name.

2. The

offence.

3. The

date and place of conviction.

4. The

sentence imposed for each offence.

5. The

sentence start and end dates.

Information

recorded

(3) Upon receiving the information forwarded by the court

in accordance with subsection (2), the ministry shall record the information in

the child abuse registry and send a copy of the information to the person at

his or her last known address.

Available to public

(4) The Minister shall make the child abuse registry

available to the public, in a manner that he or she considers appropriate.

Definition

(5) In this section,

"Minister"

means the member of the Executive Council to whom responsibility for the

administration of this Act is assigned or transferred under the Executive Council Act .

Person may correct information

11.2 If

a person convicted of an offence listed in subsection 11.1 (1) believes that

any information about him or her in the child abuse registry is incorrect, he

or she shall provide the ministry with the correct information, and if the

ministry is satisfied that the information provided by the person is correct,

it shall correct the child abuse registry accordingly.

Proof of pardon

11.3

Section

9 applies with necessary modifications to a person convicted of an offence

listed in subsection 11.1 (1) and, for the purpose, references to a sex offence

shall be read as references to a child abuse offence listed in subsection 11.1

(1).

(4) The Act is amended by adding the

following heading immediately before

section 12:

General

Consumer Protection Act, 2002

(1) The Consumer Protection Act, 2002 is

amended by adding the following section:

Advertising: children

13.2

(1) No

person shall make use of advertising that,

(

a) contains

images of a sexual nature of a person who is or appears to be 16 years of age

or under; or

(

b) is

directed at persons 16 years of age or under and contains clothing, images or

other material that encourages sexual activity or creates sexual awareness.

Criteria of intent

(2) To determine whether or not an advertisement is

directed at persons 16 years of age or under in the manner described in clause

(1) (b), account must be taken of the context of its presentation and, in

particular, of,

(

a) the

nature and intended purpose of the good advertised; and

(

b) the

manner of presenting the advertisement.

(2) Subclause 116 (1) (b) (

i) of the

Act is amended by striking out "subsections 13 (2) and (7) and subsections 13.1

(1) and (2)" at the end and substituting "subsections 13 (2) and (7),

subsections 13.1 (1) and (2) and subsection 13.2 (1)".

Education Act

(1) The Education Act is amended by adding the

following section:

Children's Day

1.1

(1) November

20 in each year shall be known as Children's Day in schools.

Same

(2) The Legislative Assembly of Ontario shall also

recognize Children's Day.

Same

(3) Children's Day shall be a day of awareness of children's

rights and of the prevention of violence and abuse against children.

(2) Section 301 of the Act is amended

by adding the following subsection:

Same, reporting

of violent incidents

(6.0.1) The Minister shall establish a policy requiring principals,

teachers and all other board employees who become aware of an incident of

violence or abuse committed against a pupil on school premises to report the

incident to the following persons or bodies:

1. The

parents or guardians of the pupil.

2. The

board that has jurisdiction over the school.

3. The

police force that has jurisdiction in the area where the school is located.

4. Where

the pupil is under the care or supervision of a children's aid society or

receives child protection services from a children's aid society, that children's

aid society.

(3) Section 302 of the Act is amended

by adding the following subsection:

Same, prohibiting corporal punishment

(2.1) Every board shall prohibit the use of corporal

punishment on pupils.

Ombudsman Act

4. The Ombudsman Act is amended by adding the

following section:

Additional functions of Ombudsman

14.1

(1) Anything

that the Ombudsman may do under this Act in respect of a governmental

organization, the Ombudsman may do in respect of,

(

a) a

society as defined in subsection 3 (1) of the Child and Family Services Act ;

(

b) a

board as defined in subsection 1 (1) of the Education Act ; and

(

c) a

hospital within the meaning of the Public Hospitals Act .

Same

(2) If the Ombudsman does or proposes to do anything in

respect of a body listed under subsection (1), any reference in this Act to a

governmental organization is deemed to be a reference to the body.

Provincial Advocate for Children and Youth Act, 2007

(1) Section 15 of the Provincial Advocate for Children

and Youth Act, 2007 is amended by adding the following clauses:

(b.1) provide

advocacy to children who are pupils of schools under the Education Act ;

(b.2) provide

advocacy to children who are receiving services at a hospital within the

meaning of the Public

Hospitals Act ;

(2) Clause

16 (1) (

f) of the Act is amended by striking out "or" at the end of subclause

(ii) and by adding the following subclauses:

(ii.1) provided

to children under the Education

Act ,

(ii.2) provided

to children under the Public

Hospitals Act , or

(3) Subsection 21 (2) of the Act is

repealed and the following substituted:

Contents

(2) The report mentioned in subsection (1) shall contain

whatever information the Advocate considers appropriate, but shall contain, at

a minimum, a report on,

(

a) the

activities and finances of the Advocate's office;

(

b) the

outcomes expected in the fiscal year of the Government of Ontario in which the

report is made;

(

c) the

results achieved in the previous fiscal year; and

(

d) the

implementation in the previous fiscal year by the Government of Ontario of the

principles expressed in the United Nations Convention on the Rights of the

Child.

Provincial Offences Act

6. (1) Subsection 150 (1) of the Provincial Offences Act

is repealed and the following substituted:

Person in custody

to be brought before justice

(1) Where

a defendant is not released from custody under

section 149, the officer in

charge shall, as soon as is practicable but in any event within 24 hours, bring

the defendant before a justice and the justice shall, unless a plea of guilty

is taken, order that the defendant be released upon giving his or her

undertaking to appear unless the prosecutor having been given an opportunity to

do so,

(

a) shows

cause why the detention of the defendant, other than a defendant referred to in

clause (b), is justified to ensure his or her appearance in court or why an

order under subsection (2) is justified for the same purpose; or

(

b) in

the case of a defendant who is charged with an offence under subsection 79 (2)

(child abuse), 79 (3) (leaving child unattended) or 79 (5) (allowing child to

loiter) of the Child and

Family Services Act , shows cause,

(

i) why

the detention of the defendant is justified on one or more of the following

grounds:

(

A) to ensure the defendant's appearance in court,

(

B) for the

protection or safety of the public, including any victim of or witness to the

offence, having regard to all the circumstances, including any substantial

likelihood that the defendant will, if released from custody, commit an offence

or interfere with the administration of justice,

(

C) to maintain confidence in the administration of

justice, having regard to all the circumstances, including the apparent

strength of the prosecution's case, the gravity of the offence, and the

circumstances surrounding the commission of the offence, or

(ii)

why an order under subsection (2) is justified.

(2) Subsection 150 (2) of the Act is

amended by striking out "or" at the end of clause (b), by adding "or" at the

end of clause (

c) and by adding the following clause:

(

d) if

the defendant is charged with an offence under subsection 79 (2) (child abuse),

79 (3) (leaving child unattended) or 79 (5) (allowing child to loiter) of the Child and Family Services Act ,

conditional upon the defendant abstaining from communicating, directly or

indirectly, with any victim, witness or other person identified in the order,

or refraining from going to any place specified in the order, except in

accordance with the conditions specified in the order that the justice

considers necessary.

(3) Subsection 150 (4) of the Act is

repealed and the following substituted:

Order for detention

(4) Where the prosecutor shows cause why the detention of

the defendant in custody is justified to ensure his or her appearance in court

or for any other reason listed in subsection (1), the justice shall order the

defendant to be detained in custody until he or she is dealt with according to

law.

Commencement and

Short Title

Commencement

7. This Act comes into force on the day it

receives Royal Assent

Document details

Collection	Ontario — Bills
Citation	Bill 130, 39-1
Type	bill
Volume / chapter	p39 s1 bill 130 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	6e5e7879cb7256030c1319e4d5796bda0ac9e134

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