Schedule 1 Human Trafficking Awareness Day Act, 2017 Schedule 2 Prevention of and Remedies for Human Trafficking Act, 2017 Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act — Bill 96 (41st Parliament, 2nd Session)

Bill 96, 41-2

Ontario — Bills

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, 2017 Bill 96

An Act to enact the Human Trafficking Awareness Day Act, 2017 and the Prevention of and Remedies for Human Trafficking Act, 2017 The Hon. I. Naidoo-Harris Minister of the Status of Women Government Bill 1st Reading February 22, 2017 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE The Bill enacts the Human Trafficking Awareness Day Act, 2017 and the Prevention of and Remedies for Human Trafficking Act, 2017.

SCHEDULE 1 HUMAN TRAFFICKING AWARENESS DAY ACT, 2017

Schedule 1 to the Bill enact s the Human Trafficking Awareness Day Act, 2017 . The A ct proclaims February 22 in each year as Human Trafficking Awareness Day.

SCHEDULE 2 PREVENTION OF AND REMEDIES FOR HUMAN TRAFFICKING ACT, 2017

Schedule 2 to t he Bill enacts the Prevention of and Remedies for Human Trafficking Act, 2017 . The Act consists of four Parts.

Part I sets out a definition of human trafficking for the purposes of the Act.

Part II provides a process for obtaining restraining orders in th e human trafficking context.

Section 3 sets out that in order to obtain a restraining order, an applicant may make an application to the Ontario Court of Justice. An applicant may be a victim (or potential victim) of human trafficking, a person with lawful custody of a victim who is a child or any person set out in the regulations, and an applicant may act through an agent.

Section 4 sets out the powers of the court on an application for a restraining order. The court may make such an order if the court determines, on reasonable grounds, that the person against whom the restraining order is sought has engaged or may engage in the human trafficking of the victim. The

section sets out factors that the court may consider on the application, as well as examples of conditions that may apply under the restraining order, including a prohibition on the possession of a weapon.

Section 5 requires that the court specify an expiry date for the restraining order, which may not be a date later than the anniversary of the day on which the order is made. However, a process is set out to permit a court to extend the operation of a restraining order for up to one year, which it may do, on application, multiple times.

Section 6 provides that an application for a restraining or der may be made without notice in specified circumstances. However, an order obtained without notice is not effective against a person until it has been served on him or her in accordance with regulations made under the Act. The

section sets out a process for setting aside or varying a restraining order made on application without notice.

Section 7 sets out a process for setting aside or varying a restraining order if there has been a material change in circumstances. Sections 8 to 10 deal with procedural m atters.

Section 8 provides for the application of special evidentiary rules.

Section 9 sets out rules respecting legal representation that apply if a party to an applica tion under the

Part is a child. S ection 10 establishes where the court is required to, and where it may, make an order directing that identifying information respecting a party or witness shall not be published, broadcast or transmitted.

Section 11 provides that orders of the Ontario Court of Justice under the Part may be appealed to the Sup erior Court of Justice. A judgment of the Superior Court of Justice on such an appeal may be appealed, with leave, to the Court of Appeal, on a question that is not a question of fact alone. Sections 12 and 13 address the interaction between the Act and t he Courts of Justice Act and rules of court made under that Act. Under

section 14, court fees are not payable with respect to applications or appeals under the Part unless the regulations provide otherwise.

Section 15 gives regulation -making authority to t he minister responsible for the administration of the Act, including authority to make regulations respecting procedures on applications and appeals under the Part.

Part III establishes a tort of human trafficking. A civil action may be brought by a victim of human trafficking against any person who engaged in the human trafficking, and no proof of damage is required.

Section 17 sets out powers of the court and specific considerations respecting damages and other compensation in such an action.

Part IV provides that Parts I and III come into force on the day the Bill receives Royal Assent, and that

Part II comes into force on proclamation of the Lieutenant Governor.

Bill 96 2017

An Act to enact the Human Trafficking Awareness Day Act, 2017 and the Prevention of and Remedies for Human Trafficking Act, 2017 CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Human Trafficking Awareness Day Act, 2017

Schedule 2 Prevention of and Remedies for Human Trafficking Act, 2017 Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title 3 The

short title of this Act is the Anti-Human Trafficking Act, 2017.

SCHEDULE 1 HUMAN TRAFFICKING AWARENESS DAY ACT, 2017

Preamble On February 22, 2007, the House of Commons of Canada passed a motion condemning the trafficking of women and children across international borders for the purposes of sexual exploitation. Proclaiming February 22 as Human Trafficking Awareness Day helps bring awareness to the magnitude of modern day slavery in Canada and abroad and will encourage us to take steps to combat human trafficking. Human Trafficking Awareness Day 1 February 22 in each year is proclaimed as Human Trafficking Awareness Day. Commencement 2 The Act set out in this

Schedule comes into force on the day the Anti-Human Trafficking Act, 2017 receives Royal Assent.

Short title 3 The

short title of the Act set out in this

Schedule is the Human Trafficking Awareness Day Act, 2017.

SCHEDULE 2 PREVENTION OF AND REMEDIES FOR HUMAN TRAFFICKING ACT, 2017 CONTENTS

PART I

INTERPRETATION 1. Definition

PART II RESTRAINING ORDER, HUMAN TRAFFICKING 2.

Definitions 3. Application for restraining order 4. Restraining order 5. Expiry and extension 6. Application without notice, immediate or imminent danger 7. Material change in circumstances 8. Evidence 9. If party is a child 10. Order restricting publication, etc. 11. Appeals 12. Courts of Justice Act 13. Rules of court 14. No court fees payable 15. Regulations

PART III TORT OF HUMAN TRAFFICKING 16. Action 17. Powers of court

PART IV COMMENCEMENT AND

SHORT TITLE 18. Commencement 19.

Short title

PART I

INTERPRETATION Definition 1 In this Act, “human trafficking” means conduct described in

section 279.01, 279.011, 279.02 or 279.03 of the Criminal Code (Canada), taking into account any evidentiary or other rules set out in those sections respecting the determination of the conduct.

PART II RESTRAINING ORDER, HUMAN TRAFFICKING

Definitions 2 In this Part, “child” means a person under the age of 18 years; (“enfant”) “court” means the Ontario Court of Justice; (“tribunal”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Part; (“règlements”) “victim” means a victim of human trafficking and includes a person who may be a victim of human trafficking. (“victime”) Application for restraining order 3

(1) The following persons m ay apply to the court , in accordance with the regulations, for a restraining order under

section 4 against a respondent: 1. A victim. 2. A person with lawful custody of a victim who is a child. 3. Any other person who is prescribed.

4 Agent

(2) An applicant under subsection (1) may act through an agent. Parties

(3) The parties to an application under subsection (1) are the applicant, the victim if he or she is not the applicant, and the respondent. Restraining order Definition 4

(1) In this section, “visual recording” includes a photographic, film or video recording made by any means. Order

(2) The court may, on application under

section 3, make a restraining order against the respondent if the court determines, on reasonable grounds, that the respondent has engaged or may engage in the human trafficking of the victim. Factors

(3) In determining whether to make a restraining order under subsection (2), the court may consider the following and any other relevant factors: 1. The respective ages of the victim and the respondent. 2. The victim’s immigration status. 3. Whether the victim has a physical or mental disability. 4. The nature of the relationship between the victim and the respondent. 5. Whether the respondent is in a position of trust, power or authority in relation to the victim. 6. The use of threats or other forms of intimidation by the respondent against the victim or a person known to the victim. 7.

The use of force by the respondent against the victim or a person known to t he victim, or against another person in the victim’s presence. 8. The use of deception, fraud or other forms of coercion by the respondent in relation to the victim. 9. The provision to the victim of alcohol or of a controlled substance, as defined in th e Controlled Drugs and Substances Act (Canada), by the respondent, in order to cause or compel the victim to provide labour or services. 10.

The respondent’s control, including withholding, or threatened control of the victim’s access to alcohol or to a controlled substance referred to in paragraph 9. 11. The respondent’s control or threatened control of the victim’s finances, including withholding money. 12. The respondent’s control, including withholding, destruction, concealment or removal, or threat ened control of any of the victim’s personal effects or documents, such as a passport, driver’s licence, health card or other form of identification. 13.

The possession, making, transmission, making available, selling, advertising or distribution, by the respondent, of any visual recording of the victim in which the victim is nude, is exposing his or her genital organs, anal region or breasts, or is engaged in or depicted as being engaged in explicit sexual activity. Provisions of order

(4) A restraining order made under subsection (2) may contain any reasonable condition that the court considers necessary or advisable for the protection of the victim, including, (

a) prohibiting the respondent from, directly or indirectly, communicating with or contacti ng the victim or any specified person; (

b) prohibiting the respondent from attending at or within a specified distance from any place that the victim or a specified person attends regularly, which may include a school, shelter, youth facility, place of re sidence, place of worship, place of employment or any other place where the victim or specified person is reasonably known by the respondent to be; (

c) requiring the respondent to return specified personal effects or documents belonging to the victim, suc h as a passport, driver’s licence, health card or other form of identification, in the manner specified in the order; (

d) requiring the respondent to return to the victim the original and any copies of any visual recording of the victim; and

5 (

e) prohibiting the respondent from possessing, making, transmitting, making available, selling, advertising or distributing any visual recording of the victim. Same, weapon

(5) If, in making a restraining order under subsection (2), the c

Document details

Collection	Ontario — Bills
Citation	Bill 96, 41-2
Type	bill
Volume / chapter	p41 s2 bill 96 bill text 41 2 en b096 e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	8ffb94cc762d6a94e85ecfbacb217616fa4b70b1

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