Ontario Bill 251 (42nd Parliament, 1st Session)

Bill 251, 42-1

Ontario — Bills

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Bill 251, Combating Human Trafficking Act, 2021

Jones, Hon. Sylvia Solicitor General

Royal Assent received. Statutes of Ontario 2021,

chapter 21

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Bill 251 Royal Assent (PDF)

EXPLANATORY

NOTE

This

Explanatory Note was written as a reader’s aid to Bill 251 and does not form

part of the law.

Bill 251 has been enacted as

Chapter 21 of the Statutes of Ontario, 2021.

Schedule

Accommodation Sector Registration of Guests Act, 2021

The

Schedule enacts the Accommodation Sector Registration of

Guests Act, 2021 and repeals the Hotel Registration

of Guests Act .

The

new Act requires hotels to keep a register of guests and record their names,

residences and other prescribed information. Businesses in a prescribed class

are also required to keep these registers.

Police officers and First Nations Constables

may make an application to a justice for an order requiring the production of a

specified portion of the register if there are reasonable grounds to believe

that a person is currently a victim of human trafficking or is at imminent risk

of being trafficked and that the information in the register will assist in

locating or identifying them . They may make an urgent demand to view this

information if there are reasonable grounds to believe the victim of human

trafficking will suffer bodily harm or that the information recorded in the

written report must be prepared when an urgent demand is made containing the

reasons why the criteria for making the urgent demand were met. Chiefs of

police must prepare annual reports on the total number of urgent demands made

in the year and the number of human trafficking investigations to which they

relate.

The

Act sets out offences for failing to comply with these provisions and for

making certain false statements.

The

register provisions of the Hotel Registration of Guests

Act continue to apply with respect to guests who were admitted in a

hotel or business in a prescribed class before these new requirements came into

force.

SCHEDULE

ANTI-HUMAN TRAFFICKING STRATEGY ACT, 2021

The

Schedule enacts the Anti-Human Trafficking Strategy Act,

2021 . The Act requires the Government of Ontario to maintain an

anti-human trafficking strategy that aims to end human trafficking in Ontario

and support persons who have experienced human trafficking. The Act requires

that the strategy be reviewed at least every five years and that the Government

of Ontario have regard to certain principles when reviewing the strategy.

The

Act provides the Lieutenant Governor in Council with authority to make

regulations relating to the dissemination of information about human

trafficking, training on human trafficking and the reporting of instances of

suspected human trafficking as well as relating to the collection and provision

of information for specific purposes. The Act also provides the Lieutenant

Governor in Council with authority to make certain regulations related to

entities that post, publish or otherwise disseminate advertisements for sexual

services and entities that operate platforms for such advertisements. Finally,

the Act includes provisions for the enforcement of any regulatory requirements.

SCHEDULE

Child, Youth and Family Services Act, 2017

The

Schedule makes various amendments to the Child, Youth and Family Services Act, 2017 :

1. Subsection

74 (2) of the Act currently provides for circumstances in which a child may be

in need of protection for the purposes of

Part V (Child Protection) of the Act.

This subsection is amended to provide for additional circumstances that relate

to child sex trafficking. Analogous circumstances are added to subsection 125

(1) of the Act, which sets out when a person has a duty to report a child who

may be in need of protection to a children’s aid society.

2. The

Act is amended to add a new

section 77.1, which provides that a child

protection worker or a peace officer may bring a child who is 16 or 17 to

another location for the purposes of offering services and supports to the

child where the worker or peace officer has reasonable and probable grounds to

believe that the child has been sexually exploited as a result of being

subjected to child sex trafficking and that another specified circumstance,

related to the capacity of the child to make mature and independent judgements,

exists.

Section

140 of the Act currently prohibits interference with a child who is subject to

an order for society supervision, interim society care or extended society

care. This

section is amended to include a child who is subject to a temporary

order for care and custody.

4. The

penalties set out in the Act for contravening

section 140 of the Act and for

obstructing a child protection worker or a peace officer who is acting under

various provisions of the Act, including the newly added

section 77.1, are

amended to increase the maximum fine as well as the maximum term of

imprisonment.

5. Finally,

the Act is amended with respect to procedures for prosecuting offences under

Part V of the Act.

SCHEDULE

Prevention of and Remedies for Human Trafficking Act, 2017

The

Prevention of and Remedies for Human Trafficking Act, 2017

is amended in the following ways with respect to restraining orders that may be

made under

Part II of the Act:

Section

3 of the Act is amended to expressly provide that a person caring for a child

victim under customary care as defined in the Child, Youth

and Family Services Act, 2017 may apply for a restraining order.

Section

4 of the Act is amended to specify that, in addition to the protection of a

victim, the protection of any other person is a factor in the making of a

restraining order under that section.

Section

5 of the Act is amended to provide that a restraining order may, in specified

circumstances, be made or extended for a period of longer than three years.

Bill 251 2021

Act to enact, amend and repeal various Acts in respect of human trafficking

matters

Contents

of this Act

Commencement

Short

title

Schedule 1

Accommodation

Sector Registration of Guests Act, 2021

Schedule 2

Anti-human

Trafficking Strategy Act, 2021

Schedule 3

Child,

Youth and Family Services Act, 2017

Schedule 4

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

(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

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 Combating Human

Trafficking Act, 2021 .

Schedule

Accommodation Sector Registration of Guests Act, 2021

Definitions

this Act,

“chief

of police” means,

(

a) a

chief of police as defined in subsection 2 (1) of the Police

Services Act , or

(

b) a

First Nations Constable who is in charge of a group of First Nations Constables

described in clause (

b) of the definition of “police force”; (“chef de police”)

“First

Nations Constable” means a First Nations Constable appointed under the Police Services Act ; (“agent des Premières Nations”)

“hotel” means a building, two or more connected

buildings or a portion of a building or two or more connected buildings that,

(

a) is

mainly used for the commercial purpose of providing the travelling public with

transient accommodation,

(

b) contains

at least six bedrooms or suites, and

(

c) is

not a boarding house, apartment house or other prescribed type of building;

(“hôtel”)

“human

trafficking” has the same meaning as in the Anti-Human

Trafficking Strategy Act, 2021 ; (“traite des personnes”)

“Minister”

means the Minister of Heritage, Sport, Tourism and Culture Industries or such

other member of the Executive Council as may be assigned the administration of

this Act under the Executive Council Act ;

(“ministre”)

“officer”

means,

(

a) a

police officer as defined in subsection 2 (1) of the Police

Services Act , or

(

b) a

First Nations Constable; (“agent”)

“police

force” means,

(

a) a

police force as defined in subsection 2 (1) of the Police

Services Act , or

(

b) a

group of First Nations Constables who are employed by an entity that has an

agreement with the Solicitor General; (“corps de police”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

means the regulations made under this Act. (“règlements”)

Hotel

(1) The

owner and the manager of a hotel shall ensure that the hotel maintains a

Required

information

(2) The

owner and the manager of a hotel shall ensure that the following information is

recorded in the register every time a guest or group of guests is admitted to

occupy a bedroom or suite in the hotel:

1. The

name of one of the guests who will occupy the bedroom or suite.

2. The

primary residence of that guest or, if they have no primary residence, the

municipality in which they usually reside.

3. Any

other prescribed information.

Maintenance

of information

(3) The

owner and the manager of a hotel shall ensure that the information described in

subsection (2) is maintained in the register for the prescribed period after it

was recorded.

Prescribed

businesses

(1) The

owner or operator of a business in a prescribed class shall maintain a

Applicable

provisions

(2) Subsections

2 (2) and (3) apply to the owner or operator of a business in a prescribed

class subject to any modifications that may be set out in the regulations.

Production

of register

Order

to produce portion of register

(1) On

application made in writing by an officer ,

a justice may make an order requiring the owner or manager of a hotel, or the

owner or operator of a business in a prescribed class, to produce a copy of a

specified portion of the register to the

officer if the justice is satisfied on the basis of information provided

under oath that there are reasonable grounds to believe that,

(

a) a

person is currently a victim of human trafficking or is at imminent risk of

being trafficked; and

(

b) information

in the specified portion of the register will assist in locating or identifying

that person.

Urgent

demand to view register

(2) A n officer may in writing make a demand to

view information recorded in the register of a hotel or business in a

prescribed class if the officer is

satisfied that there are reasonable grounds to believe information recorded in

the register will assist in locating or identifying a person who is currently a

victim of human trafficking or is at imminent risk of being trafficked and,

(

a) there

are reasonable grounds to suspect the victim of human trafficking will suffer

bodily harm within the time it would take to obtain an order under subsection (1);

(

b) there

are reasonable grounds to believe information recorded in the register will be

destroyed within the time it would take to obtain an order under subsection

(1).

Copying

information from register

(3) In

exercising the power described in subsection (2), an officer may make a copy of any portion of the register that the officer has reasonable grounds to

believe will assist in locating or identifying a person who is currently a

victim of human trafficking or is at imminent risk of being trafficked.

Time

for compliance

(4) The

owner and the manager of a hotel and the owner or operator of a business in a

prescribed class shall,

(

a) comply

with an order made under subsection (1) within the time specified in the order;

and

(

b) immediately

comply with an urgent demand made under subsection (2).

Urgent

demand report

(5) An

officer who makes an urgent demand under subsection (2) shall, within the

prescribed timeframe, provide a written report to the member of the police

force that is designated by their chief of police to receive such reports.

Content

of report

(6) The

report shall contain,

(

a) the

reasons that, in the view of the officer who made the urgent demand, the

requirements under clauses (2) (

a) and (

b) were met in the circumstances; and

(

b) any

other prescribed information.

Annual

report

(1) On

or before the prescribed date in each year, every chief of police shall prepare

an annual report under this

section and shall,

(

a) in

the case of a municipal chief of police, provide a copy of the report to the

board of the police force;

(

b) in

the case of a chief of police who is in charge of a group of First Nations

Constables, provide a copy of the report to the entity that employs them and

that has an agreement with the Solicitor General; and

(

c) in

the case of the Commissioner of the Ontario Provincial Police, provide a copy

of the report to the Solicitor General.

Report

public

(2) After

receiving a report, a board or entity shall,

(

a) provide

a copy of the report to the Solicitor General; and

(

b) make

the report available to the public in the prescribed manner.

Same

(3) After

receiving the report from the Commissioner of the Ontario Provincial Police,

the Solicitor General shall make the report available to the public in the

prescribed manner.

Content

of report

(4) The

annual report for a year shall contain,

(

a) the

total number of urgent demands made by the officers under subsection 4 (2) in

that year and the number of human trafficking investigations to which they

relate; and

(

b) any

other prescribed information.

Offences

(1) An

owner or manager of a hotel, or an owner or operator of a business in a

prescribed class, who fails to keep a register as required by

section 2 or 3,

knowingly and wilfully permits a false statement to be entered in the register

or fails to comply with an order or urgent demand as required by subsection 4

(4) is guilty of an offence and on conviction is liable to a fine of not more

than $5,000.

Same

(2) A

person who applies for admission as a guest in a hotel or business in a

prescribed class who makes a false statement of information that is required to

be in the register is guilty of an offence and on conviction is liable to a

fine of not more than $5,000.

Regulations

The

Minister may make regulations,

(

a) respecting

anything that, in this Act, may or must be prescribed or done by regulation;

(

b) prescribing

additional information that must be recorded in a register, which may require

recording the names, residence or other information of more than one person

from a group of guests that occupies a bedroom or suite;

(

c) modifying

the application of subsections 2 (2) and (3) to businesses in a prescribed

class;

(

d) defining

words and expressions used in this Act that are not otherwise defined in this Act;

(

e) respecting

any matter that is necessary or advisable to implement this Act effectively.

Transition

Sections

2 and 3 of this Act do not apply with respect to guests who were admitted in a

hotel or business in a prescribed class on or before the day

section 2 of

Schedule 1 to the Combating Human Trafficking Act, 2021

came into force and instead the provisions of the Hotel

Registration of Guests Act , as they read immediately before that day,

continue to apply with respect to them.

Amendments to this Act

(1) The

definitions of “chief of

police”, “First Nations Constable”, “officer” and “police force” in

section 1

of this Act are repealed.

(2) Section

1 of this Act is amended by adding the following

definitions:

“chief

of police” means,

(

a) a

chief of police as defined in subsection 2 (1) of the Community

Safety and Policing Act, 2019 , or

(

b) a

First Nation Officer who is in charge of a group of First Nation Officers

described in clause (

b) of the definition of “police service”; (“chef de

police”)

“First

Nation Officer” means a First Nation Officer appointed under the Community Safety and Policing Act, 2019 ; (“agent de

Première Nation”)

“officer”

means,

(

a) a

police officer as defined in subsection 2 (1) of the Community

Safety and Policing Act, 2019 , or

(

b) a

First Nation Officer; (“agent”)

“police

service” means,

(

a) a

police service as defined in subsection 2 (1) of the Community

Safety and Policing Act, 2019 , or

(

b) a

group of First Nation Officers who are employed by an entity that has an agreement

with the Solicitor General; (“service de police”)

(3) Subsection

4 (5) of this Act is amended by striking out “police force” and substituting

“police service”.

(4) Clause

5 (1) (

a) of this Act is repealed and the following substituted:

(

a) in

the case of a chief of police of a police service maintained by a police

service board, provide a copy of the report to the board;

(5) Clause

5 (1) (

b) of this Act is amended by striking out “First Nations Constables” and

substituting “First Nation Officers”.

Repeal

The Hotel Registration of Guests Act is repealed.

Commencement

11 The Act set out in this

Schedule comes into force on a

day to be named by proclamation of the Lieutenant Governor.

Short

title

12 The

short title of the Act set out in this

Schedule is the Accommodation Sector Registration of

Guests Act, 2021 .

SCHEDULE 2

ANTI-HUMAN TRAFFICKING STRATEGY ACT, 2021

Preamble

Definitions

Anti-Human Trafficking Strategy

Strategy

Periodic

reporting

Review

of the strategy

Principles

Regulations Respecting

Anti-Human Trafficking Measures

Regulations,

anti-human trafficking measures

Enforcement

Inspectors

Offences

Public

record

General Regulations and

Miscellaneous

General

regulations

Crown

bound

Commencement and

Short Title

Commencement

Short

title

Preamble

Human trafficking is a human rights violation and a complex

problem in Ontario that takes many forms.

Ontario

recognizes that human trafficking impacts individuals and communities across

the province, and that certain populations may be disproportionately impacted

by human trafficking, such as women and girls and racialized groups including

Indigenous and Black communities.

survivor-centred, comprehensive and collaborative approach is required to

protect those most vulnerable, to support survivors and to end human

trafficking in Ontario.

Definitions

1 In this Act,

“human

trafficking” means conduct described in sections 279.01, 279.011, 279.02 and

279.03 of the Criminal Code (Canada), without

regard to the interpretive rules set out in

section 279.04 of that Act;

(“traite des personnes”)

“Minister”

means the Minister of Children, Community and Social Services or such other

member of the Executive Council to whom the administration of this Act is

assigned under the Executive Council Act .

(“ministre”)

Anti-Human Trafficking Strategy

Strategy

(1) The Government of Ontario shall

maintain an anti-human trafficking strategy that aims to end human trafficking

in Ontario and support persons who have experienced human trafficking.

Content

of strategy

(2) The

strategy shall include initiatives to achieve the aims referred to in

subsection (1) and address any other related matters the Minister considers

appropriate.

Periodic

reporting

3 The Minister shall periodically publish reports

on the actions taken as part of the strategy.

Review

of the strategy

(1) The anti-human trafficking

strategy shall be reviewed at least every five years.

Principles

(2) In

reviewing the strategy, the Government of Ontario shall have regard to the

paramount principles set out in subsection 5 (1) and the additional principles

set out in subsection 5 (2).

Consultation

(3) As

part of the review, the Minister shall,

(

a) inform

the public that the strategy is being reviewed and solicit the views of the

public with respect to the strategy; and

(

b) consult,

in the manner the Minister considers appropriate, with such community

organizations, individuals, other levels of government and stakeholders as the

Minister considers appropriate.

Same

(4) The

Minister shall ensure that persons who have experienced human trafficking and

members and representatives of communities that are most adversely impacted by

human trafficking are consulted as part of the review, including:

1. Racialized

groups, including Indigenous and Black communities and organizations.

2. Sex

workers and sex worker advocates.

3. Individuals

and organizations involved in the protection of civil liberties.

4. Individuals

and organizations involved in public safety, health care provisions and other

areas relevant to supporting persons with lived experience in human

trafficking.

Amendment

of the strategy

(5) After

a review is completed, the Government of Ontario shall do one of the following:

1. Amend

the strategy.

2. Replace

the strategy with a new one.

3. Continue

the existing strategy.

Publication

(6) The

Minister shall publish on a Government of Ontario website the anti-human

trafficking strategy, as amended, replaced or continued under subsection (5).

Principles

(1) The following are the paramount

principles referred to in subsection 4 (2):

Human

rights-based

1. Promoting

and protecting human rights are foundational to an effective strategy.

Survivor-centred

2. It

is foundational to the strategy’s success that people with lived experiences of

human trafficking be empowered and that their expertise be recognized.

Additional

principles

(2) The

following are the additional principles referred to in subsection 4 (2):

Collective

responsibility

1. All

communities and all levels of government have a collective responsibility to

take action and work collaboratively to end human trafficking and support

survivors.

Intersectionality

2. Race,

ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex,

sexual orientation, gender identity, gender expression, age, marital status,

family status and disability may intersect and may impact whether and how a

person experiences and recovers from human trafficking.

Cultural

responsiveness

3. Access

to safe, culturally-responsive and respectful services, including for

Indigenous individuals and communities, supports the strategy’s success.

Prevention

4. To

achieve the strategy’s aims, efforts are required to address the root causes of

human trafficking and the factors that result in children and other persons

being at higher risk of being trafficked.

Trauma-informed

5. Supports

provided across service systems over the course of survivors’ lives should be

informed by the complexity and pervasiveness of trauma and the risk of

re-traumatization.

Informed

by evidence

6. Decisions

should be guided by diverse sources of evidence, including survivors’

experiences, promising practices and traditional Indigenous knowledge.

Sustainability

and agility

7. A

sustainable and agile approach is necessary to adapt to the changing nature of

human trafficking and to achieve the strategy’s aims.

Regulations Respecting Anti-Human Trafficking Measures

Regulations,

anti-human trafficking measures

(1) Subject to subsection (3), the

Lieutenant Governor in Council may make regulations,

(

a) requiring

specified persons or entities to disseminate information respecting human

trafficking, including providing for the specific information to be

disseminated as well as where it is to be disseminated and the manner in which

it is to be disseminated;

(

b) requiring

specified employers to provide training on human trafficking or specified

persons to undergo training on human trafficking, including providing for the

content and means of delivery of any such training;

(

c) imposing

requirements on persons or entities to which a regulation made under clause (

a) or (

b) applies in order to facilitate the enforcement of the requirements of

the regulation, including reporting requirements, requirements to make

specified information available to the public and record-keeping requirements;

(

d) requiring

specified persons whose employers are required to provide them training or who

are required to undergo training under a regulation made under clause (

a) or

(

b) and who, in the course of their employment or professional duties, witness

instances of suspected human trafficking to report such instances, including,

(

i) specifying

instances that must be reported and to whom the report must be made,

(ii) prescribing

the information that must be reported as well as the manner in which the report

must be made;

(

e) with

respect to entities that post, publish or otherwise disseminate advertisements

for sexual services and entities that operate platforms for such

advertisements,

(

i) prescribing

the entities and advertisements, including the types or categories of entities

and advertisements, to which a regulation made under this clause applies or

does not apply,

(ii) requiring

such entities to make their contact information available to the public,

including providing for the types of contact information to be included as well

as the manner in which it is to be made available,

(iii) requiring

such entities to respond to the police and other specified persons or entities

and providing for the manner in which to respond, including the time period in

which the response must be given,

(iv) imposing

requirements on such entities in order to facilitate the enforcement of the

requirements of the regulation, including reporting requirements, requirements

to make specified information available to the public and record-keeping

requirements;

(

f) requiring

specified persons or entities to collect and provide the Minister with

information, except for personal information within the meaning of the Freedom of Information and Protection of Privacy Act ,

that the Minister determines is necessary in order to,

(

i) conduct

research and analysis to plan for the delivery of programs and services under

the anti-human trafficking strategy,

(ii) evaluate

those programs and services;

(

g) for

the purposes of clause (f), prescribing the type of information to be provided

as well as the manner in which it is to be provided.

Protection

from liability

(2) No

action for making a report as required by a regulation made under clause (1)

(

d) or for providing information in connection with such a report shall be

commenced against a person who made the report or provided the information

unless the person acts maliciously or without reasonable grounds for making the

report or providing the information.

Consultation

(3) Before

a regulation may be made under subsection (1), the Minister shall consult, in

the manner that the Minister considers appropriate, with the persons or bodies

that the Minister considers appropriate given the content of the proposed

regulation.

Other information

(4) A

regulation made under subsection (1) shall not permit or require the

collection, use or disclosure of personal information if other information will

serve the purpose of the collection, use or disclosure, as the case may be.

Extent

of information

(5) A

regulation made under subsection (1) shall not permit or require the

collection, use or disclosure of more personal information than is reasonably

necessary to meet the purposes of the collection, use or disclosure, as the

case may be.

Enforcement

Inspectors

(1) The Minister may appoint

inspectors for the purposes of this Act.

Restricted

appointments

(2) The

Minister may specify, in an appointment, conditions or restrictions to which

the appointment is subject.

Inspection

(3) Subject

to subsection (4), for the purpose of determining whether the regulations made

under subsection 6 (1) are being complied with, an inspector may, without a

warrant or notice, and at any time, enter and inspect any place.

Dwellings

(4) An

inspector shall not enter into a place or part of a place that is a dwelling,

without the consent of the occupant.

Use

of force

(5) An

inspector is not entitled to use force to enter and inspect a place.

Identification

(6) An

inspector conducting an inspection shall produce, on request, evidence of the

inspector’s appointment.

Powers

of inspector

(7) An

inspector conducting an inspection may,

(

a) examine

a record or other thing that is or may be relevant to the inspection;

(

b) demand

the production for inspection of a record, in a readable format, or other thing

that is or may be relevant to the inspection;

(

c) remove

for review and copying a record or other thing that is or may be relevant to

the inspection;

(

d) require

that a copy of any record retained in an electronic form be provided on paper

or electronically, or both; and

(

e) question

a person on any matter that is or may be relevant to the inspection, including

questioning a person separate from others.

Written

demand

(8) A

demand that a record or other thing be produced for inspection must be in

writing and include a statement of the nature of the record or thing required,

and may include a date and time for the record or other thing to be produced.

Records

and things removed from place

(9) An

inspector who removes a record or other thing shall provide a receipt and

return the record or thing within a reasonable time.

Copy

admissible in evidence

(10) A

copy of a record that purports to be certified by an inspector as being a true

copy of the original is admissible in evidence to the same extent as the

original and has the same evidentiary value, without proof of the signature or

official character of the person appearing to have certified the copy.

Obstruction

(11) No

person shall,

(

a) obstruct

an inspector who is conducting an inspection;

(

b) conceal,

destroy or refuse to furnish any record or thing required by the inspector for

the purposes of the inspection;

(

c) provide

the inspector with information that the person knows to be false or misleading;

(

d) refuse

to answer questions on any matter that is or may be relevant to the inspection.

Offences

(1) A person is guilty of an offence

if the person contravenes,

(

a) a

provision of a regulation made under subsection 6 (1); or

(b) clause

7 (11) (a), (b), (

c) or (d).

Penalty,

individual

(2) An

individual who is convicted of an offence under subsection (1) is liable to a

fine of not more than $50,000.

Penalty,

corporation

(3) A

corporation that is convicted of an offence under subsection (1) is liable to a

fine of not more than $100,000.

limitation

(4) Section

76 of the Provincial Offences Act does not apply to

a prosecution under this Act.

Protection

of information

(5) In

a prosecution for an offence under subsection (1) that relates to the reporting

of instances of suspected human trafficking or where documents or materials are

filed with a court under sections 158 to 160 of the Provincial

Offences Act in relation to an investigation into such an offence under

this Act, the court may, at any time, take precautions to avoid the disclosure

by the court or any person of any personal information, within the meaning of

the Freedom of Information and Protection of Privacy Act ,

including, where appropriate,

(

a) removing

the identifying information of any person whose personal information is

referred to in any documents or materials;

(

b) receiving

representations without notice;

(

c) conducting

hearings or parts of hearings in private; or

(

d) sealing

all or part of the court files.

Public

record

9 The Minister may publish or otherwise make

available to the public information, including personal information within the

meaning of the Freedom of Information and Protection of

Privacy Act , respecting a person or entity’s compliance with the

regulations made under subsection 6 (1), including information about

convictions and penalties imposed on conviction.

General Regulations and Miscellaneous

General

regulations

10 The Lieutenant Governor in Council may make

regulations,

(

a) defining

any term that is used in this Act and that is not defined in this Act;

(

b) providing

for how elements of an offence under this Act may be proved in a prosecution,

including providing for presumptions that apply or inferences that may be made

in the absence of evidence to the contrary.

Crown

bound

11 This Act binds the Crown.

Commencement and

Short Title

Commencement

(1) Subject to subsection

(2), the Act set out in this

Schedule comes into force on the day the Combating Human Trafficking Act, 2021 receives Royal

Assent.

(2) Sections

6 to 10 come into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

13 The

short title of the Act set out in

this

Schedule is the Anti-Human Trafficking Strategy Act,

2021 .

SCHEDULE 3

Child, Youth and Family Services Act, 2017

(1) Section 74 of the Child, Youth and Family

Services Act, 2017 is amended by adding the following subsection:

Child

sex trafficking

(1.1) A

child is subjected to child sex trafficking for the purposes of this Part where

another person does any of the following for the purposes of sexually

exploiting the child:

1. Recruits,

transports, transfers, receives, holds, conceals or harbours the child.

2. Exercises

control, direction or influence over the movements of the child.

(2) Subsection

74 (2) of the Act is amended by adding the following clauses:

(d.1) the

child has been sexually exploited as a result of being subjected to child sex

trafficking;

(d.2) there

is a risk that the child is likely to be sexually exploited as a result of

being subjected to child sex trafficking;

The Act is amended by adding the following

section before the heading “Legal

Representation”:

Removal

to Offer Voluntary Services

Removal

to offer services, children 16 or 17

77.1

(1) A child

protection worker or a peace officer may bring a child who is 16 or 17 to

another location for up to 12 hours for the purpose of offering services and

supports to the child, including the possibility of entering into an agreement

under

section 77, if the child protection worker or the peace officer has

reasonable and probable grounds to believe that the child is in need of

protection within the meaning of clause 74 (2) (d.1) and that,

(

a) the

child has suffered physical harm inflicted by a person involved in subjecting

the child to child sex trafficking or received threats of physical harm by such

a person;

(

b) the

child is dependent on alcohol or controlled substances as defined in the Controlled Drugs and Substances Act (Canada) or is being

provided with alcohol or such controlled substances by another person in order

to facilitate the sexual exploitation of the child;

(

c) the

child has a disorder of emotional processes, thought

or cognition, a developmental disability or a brain injury and the disorder,

disability or injury significantly impairs the child’s capacity to make

reasoned judgements regarding the circumstances surrounding their sexual

exploitation;

(

d) the

child does not have access to housing other than as provided by a person

involved in subjecting the child to child sex trafficking;

(

e) the

child’s finances are being controlled by a person involved in subjecting the

child to child sex trafficking or such a person is threatening to control their

finances;

(

f) the

child’s personal effects or identification documents are under the control of a

person involved in subjecting the child to child sex trafficking;

(

g) the

child does not have Canadian citizenship and information about their

immigration status is being used by another person in order to coerce the child

into being sexually exploited; or

(

h) the child is otherwise unable to

exercise mature and independent judgement regarding the circumstances of their

sexual exploitation because the child is being coerced, manipulated or unduly

influenced by a person involved in subjecting the child to child sex

trafficking.

Police

assistance

(2) A

child protection worker acting under this

section may call for the assistance

of a peace officer.

Use

of mechanical restraints prohibited

(3) A

child protection worker or a peace officer shall not use or permit the use of

mechanical restraints on a child when acting under this section.

Subsection 125 (1) of the Act is amended by adding the following paragraphs:

4.1 The

child has been sexually exploited as a result of being subjected to child sex

trafficking.

4.2 There

is a risk that the child is likely to be sexually exploited as a result of

being subjected to child sex trafficking.

Section 140 of the Act is amended by adding “a temporary order for care and

custody made under clause 94 (2) (b), (

c) or (

d) or” after “If a child is the

subject of” in the portion before clause (a).

Clause 141 (

b) of the Act is amended by adding “77.1” before “81”.

(1) Subsection 142 (1) of the Act is amended by adding “or” at the

end of clause (

g) and by repealing clauses (

h) and (

i) and substituting the

following:

(

h) clause

141 (a) (false information).

(2) Section

142 of the Act is amended by adding the following subsection:

Same

(1.1) A

person who contravenes,

(

a) any

provision of

section 140 (interference with child, etc.); or

(

b) clause

141 (b) (obstruction, etc.),

and

a director, officer or employee of a corporation who authorizes, permits or

concurs in such a contravention by the corporation is guilty of an offence and

on conviction is liable to a fine of not more than $50,000 or to imprisonment

for a term of not more than two years, or to both.

The Act is amended by adding the following section:

Offences,

procedure

142.1

(1) The

Crown may, by notice to the clerk of the Ontario Court of Justice, require that

a provincial judge preside over a proceeding in respect of an offence under

section

limitation

(2) Section

76 of the Provincial Offences Act does not apply to

a prosecution under this Part.

Commencement

8 This

Schedule comes into force on a

day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 4

Prevention of and Remedies for Human Trafficking Act, 2017

Section 3 of the Prevention of and Remedies for Human

Trafficking Act, 2017 is amended by adding the following subsection:

Same,

customary care

(1.1) For

the purposes of this Part, paragraph 2 of subsection (1) applies with respect

to a person caring for a child under customary care as defined in the Child, Youth and Family Services Act, 2017 , regardless of

whether the customary care constitutes lawful custody of the child.

(1) Subsection 4 (4) of the Act is amended by striking out “for the

protection of the victim” in the portion before clause (

a) and substituting

“for the protection of the victim and, if applicable, any other person”.

(2) Subsection

4 (5) of the Act is amended by striking out “for the protection of the victim”

in the portion before clause (

a) and substituting “for the protection of the

victim or any other person”.

Section 5 of the Act is amended by adding the following subsections:

Longer

periods of application

(6) Despite

subsections (1) and (2), a restraining order may be made or extended for a

period of longer than three years, as specified by the court, if the court is

satisfied that the longer period is necessary for the protection of any person

that the order is intended to protect.

Transition

(7) For

greater certainty, subsection (6) applies with respect to the extension of a

restraining order even if the order was made before the day

section 3 of

Schedule 4 to the Combating Human Trafficking Act, 2021

came into force.

Commencement

4 This

Schedule comes into force on the day the Combating Human Trafficking Act, 2021 receives Royal

Assent.

Bill 251 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

Schedule 1

Accommodation Sector Registration of Guests Act, 2021

The

Schedule enacts the Accommodation Sector Registration of

Guests Act, 2021 and repeals the Hotel Registration

of Guests Act .

The

new Act requires hotels to keep a register of guests and record their names,

residences and other prescribed information. Businesses in a prescribed class

are also required to keep these registers.

Police officers and First Nations Constables

may make an application to a justice for an order requiring the production of a

specified portion of the register if there are reasonable grounds to believe

that a person is currently a victim of human trafficking or is at imminent risk

of being trafficked and that the information in the register will assist in

locating or identifying them . They may make an urgent demand to view this

information if there are reasonable grounds to believe the victim of human

trafficking will suffer bodily harm or that the information recorded in the

A written report must be prepared when

an urgent demand is made containing the reasons why the criteria for making the

urgent demand were met. Chiefs of police must prepare annual reports on the

total number of urgent demands made in the year and the number of human

trafficking investigations to which they relate.