Saving the Girl Next Door Act, 2016 Scott, Laurie — Bill 158 (41st Parliament, 1st Session)

Bill 158, 41-1

Ontario — Bills

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Bill 158, Saving the Girl Next Door Act, 2016

Scott, Laurie

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[41] Bill 158 Original (PDF)

Bill 158 2016

An Act to enact the

Human Trafficking Awareness Day Act, 2016 and the Child Sexual Exploitation and

Human Trafficking Act, 2016 and to amend Christopher's Law (Sex Offender

Registry), 2000

CONTENTS

Contents

of Act

Commencement

Short

title

Schedule

Human

Trafficking Awareness Day Act, 2016

Schedule

Child

Sexual Exploitation and Human Trafficking Act, 2016

Schedule

Christopher's

Law (Sex Offender Registry), 2000

______________

Her

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

Province of Ontario, enacts as follows:

Contents

of Act

1. This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject

to subsections (2) and (3), this Act comes into force on the day it receives

Royal Assent.

Same,

Schedules

(2) The Schedules to this Act come into

force as provided in each Schedule.

Different

dates for same

Schedule

(3) If a

Schedule to this Act provides that

any of its 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 Saving the Girl Next Door

Act, 2016 .

Schedule 1

Human Trafficking Awareness day Act, 2016

Preamble

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.

Therefore,

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

the Province of Ontario, enacts as follows:

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 Saving the Girl Next Door Act, 2016 receives Royal

Assent.

Short

title

3. The

short title of the Act set out in this

Schedule is the Human

Trafficking Awareness Day Act, 2016 .

Schedule 2

Child sexual Exploitation and Human Trafficking Act, 2016

CONTENTS

PART I

INTERPRETATION

Definitions

Elements

of child sexual exploitation

Elements

of human trafficking

PART II

PROTECTION ORDERS

Definitions

Authority

Application

for protection order

Telecommunication

of documents

Considerations

re exchange of controlled substance

Protection

order

Contents

of protection order

Written

copy of order

Service

of protection order on respondent

Application

to set aside order

Appeals

Court

may vary or revoke order

New

protection order

Ban

on identification of party or witness

Certain

information to be kept confidential

Court

may ban publication of information

Offences

and penalties

PART III

TORT OF HUMAN TRAFFICKING

Tort

of human trafficking

Action

without proof of damage

Remedies

PART IV

MISCELLANEOUS

Other

rights not affected

Regulations

Commencement

Short

title

______________

PART I

Interpretation

Definitions

(1) In

this Act,

"child" means a

person under 19 years of age; ("enfant")

"Minister" means the member

of the Executive Council to whom the administration of this Act may be assigned

under the Executive Council Act . ("ministre")

References to courts

(2) A

reference to a court in a provision of this Act is a reference to the court or

courts as prescribed by the regulations for the purposes of that provision.

References

to judges

(3) A reference to a judge in a provision

of this Act is a reference to the judicial officer or judicial officers of a

particular court as prescribed by the regulations for the purposes of that provision.

Elements

of child sexual exploitation

2. A person engages in

child sexual exploitation when,

(

a) he or she uses

force, the threat of force, intimidation or the abuse of power or a position of

trust in order to cause or compel a child to engage in sexual conduct; or

(

b) he or she

provides a child with a controlled substance in exchange for sexual conduct by

or with the child.

Elements

of human trafficking

3. A

person engages in human trafficking when,

(

a) he

or she,

(

i) abducts,

recruits, transports or harbours a person, or

(ii) exercises

control, direction or influence over the movements of a person; and

(

b) he

or she uses force, the threat of force, fraud, deception, intimidation, the

abuse of power or a position of trust or the repeated provision of a controlled

substance, in order to cause, compel or induce that person,

(

i) to

become involved in prostitution or any other form of sexual exploitation,

(ii) to

provide forced labour or services, or

(iii) to

have an organ or tissue removed.

Part II

Protection Orders

Definitions

4. In

this Part,

"applicant"

means a person applying for a protection order; ("requérant")

"controlled substance" means,

(

a) a

controlled substance as defined in subsection 2 (1) of the Controlled Drugs and Substances Act (Canada),

(

b) an

intoxicating substance as defined in

section 2 of The

Minors Intoxicating Substances Control Act (Manitoba), or

(

c) liquor

as defined in subsection 1 (1) of the Liquor Licence Act ;

("substance désignée")

"protection order" means an order made under

section 9; ("ordonnance

de protection")

"respondent" means a person against whom a protection

order is sought; ("intimé")

"sexual conduct" means,

(

a) sexual

intercourse,

(

b) touching

the body of any person for a sexual purpose,

(

c) exposing

a person's sexual organs or anal region or exposing the breasts of a female

person, or

(

d) any

activity in relation to child pornography, as that term is defined in subsection

163.1 (1) of the Criminal Code (Canada); ("activité

sexuelle")

"specified person" includes a person who is a member of a

group of persons specified in a protection order; ("personne désignée")

"subject" means a person who it is alleged was or is the

subject of child sexual exploitation or human trafficking in an application for

a protection order; ("victime")

"telecommunication" includes the use of a telephone, email

or the facsimile transmission of a document. ("télécommunication")

Authority

5. A

judge may hear and determine applications for protection orders.

Application for

protection order

(1) An

application for a protection order may be commenced,

(

a) by

the subject, if the subject is 18 years of age or over; or

(

b) if

the subject is under 18 years of age,

(

i) by

the subject's parent or guardian,

(ii) by

a children's aid society or by any other prescribed person or body, if the

subject is in the care of such a society under the Child

and Family Services Act , or

(iii) by

a person designated in writing by the Minister for this purpose.

Application

without notice

(2) An application for a protection order

may be made without notice to the respondent in the manner prescribed by regulation.

How an application

may be submitted

(3) An

application for a protection order may be submitted,

(

a) in

person, by the applicant; or

(

b) in

person or by telecommunication, by a lawyer, a peace officer or a person

designated in writing by the Minister for this purpose, with the applicant's

consent.

Evidence

under oath

(4) Evidence adduced in support of an

application for a protection order must be given under oath.

Telecommunication

of documents

(1) A

person submitting an application for a protection order by telecommunication

must,

(

a) possess

any document that is to be used in support of the application at the time the application

is made;

(

b) communicate

the content of the document to the judge in a manner satisfactory to the judge;

and

(

c) transmit

the document to the judge as soon as practicable in the manner prescribed by

regulation.

Evidence

received by telephone

(2) A judge may administer an oath to a

person and receive the person's evidence by telephone if the oath and evidence

are recorded verbatim.

Judge

not to wait for transmission

(3) A judge who hears an application for a

protection order need not wait for the transmission of a document under clause

(1) (

c) before deciding whether to make a protection order.

Effect

of order based on telecommunication

(4) A protection order based on an

application submitted by telecommunication has the same effect as a protection

order based on an application submitted in person.

Considerations

re exchange of controlled substance

8. When

determining whether a controlled substance was provided in exchange for sexual

conduct for the purpose of clause 2 (b), a judge must take into consideration

the nature of the relationship between the respondent and the subject, including,

(

a) the

age of the subject;

(

b) the

age difference between the respondent and the subject;

(

c) the

circumstances in which the controlled substance was provided to the subject;

and

(

d) any

particular vulnerabilities of the subject.

Protection

order

9. A

judge may make a protection order without notice to the respondent if the judge

determines, on a balance of probabilities, that,

(

a) the respondent

engaged in child sexual exploitation or human trafficking of the subject;

(

b) there

are reasonable grounds to believe that the respondent will continue to engage

in child sexual exploitation or human trafficking of the subject or will engage

in child sexual exploitation or human trafficking of the subject in the future;

and

(

c) the

subject is in need of immediate or imminent protection from the respondent.

Contents

of protection order

(1) A

protection order may include any of the following provisions that the judge

considers necessary or advisable for the protection of the subject:

1. A

provision prohibiting the respondent from following the subject or a specified

person from place to place.

2. A

provision prohibiting the respondent from, directly or indirectly,

communicating with or contacting the subject or a specified person.

3. A

provision prohibiting the respondent from attending at or near, or entering,

any place that the subject or a specified person attends regularly, which may

include a school or a place where the subject or person resides, works or

carries on business.

4. As

an exception to a protection order under either paragraph 2 or 3, a provision

that permits the respondent to attend, where the subject is present, any court

proceeding in which the respondent is a party or an accused person.

5. A

provision requiring the respondent to return specified personal effects or

personal documents of the subject, such as a passport, driver's licence, health

card or other forms of identification, in the manner specified in the order.

6. A

provision prohibiting the respondent from transmitting, making available,

selling, advertising or distributing any photographs, film, video, electronic

image or other visual representation of the subject.

Additional

provisions restricting respondent

(2) An order under paragraph 4 of

subsection (1) must include a provision requiring the respondent to do the

following while attending a court proceeding referred to in that paragraph:

1. Remain at

least two metres away from the subject at all times.

2. Refrain from

communicating with the subject, except in the presence and with the approv

Document details

Collection	Ontario — Bills
Citation	Bill 158, 41-1
Type	bill
Volume / chapter	p41 s1 bill 158 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	baf6e49471aefcf4222945bd4c97a4ff48ab40da

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