Prevention of and Remedies for Human Trafficking Act, 2017

PART I INTERPRETATION

1 In this Act, Note: On a day to be named by proclamation of the Lieutenant Governor, 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”. (See: 2023, c. 16, s. 2 (2)) “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 but not requiring a charge or conviction under any of those sections. Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (2) - not in force

PART II RESTRAINING ORDER, HUMAN TRAFFICKING

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”)

3 (1) The following persons may 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. A person acting on behalf of a person referred to in paragraph 1 or 2 who gives his or her consent to the application in the prescribed form. 2017, c. 12, Sched. 2, s. 3 (1). 4. Any other person who is prescribed. 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. 2021, c. 21, Sched. 4, s. 1. Parties (2) The parties to an application under subsection (1) are the applicant, the victim if he or she is not the applicant…

4 (1) In this section, “visual recording” includes a photographic, film or video recording made by any means. 2017, c. 12, Sched. 2, s. 4 (1). 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. 2017, c. 12, Sched. 2, s. 4 (2). 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 …

5 (1) In making a restraining order under section 4, the court shall specify a date on which the order ceases to have effect, which shall be no later than the third anniversary of the day on which the order is made. 2017, c. 12, Sched. 2, s. 5 (1). Extension (2) The court may, on application in accordance with the regulations before the expiry of a restraining order, extend the expiry date of the order for a period of up to three years, if the court determines that there is a continuing need for the order. 2017, c. 12, Sched. 2, s. 5 (2). Compliance not determinative (3) For the purposes of subsection (2), the respondent’s compliance with the restraining order does not in itself mean that there is no continuing need for the order. 2017, c. 12, Sched. 2, s. 5 (3). Multiple extensions (4) The expiry date of a restraining order may be extended under subsection (2) more than once. 2017, c. 1…

6 (1) A restraining order may be made under section 4 on an application that is brought without notice in accordance with the regulations, if the court determines that, in addition to the circumstances set out in subsection 4 (2) applying, the victim is in immediate or imminent danger from the respondent. Order without notice not effective before service (2) A restraining order made on application without notice is not effective against the respondent until he or she is served with the order in accordance with the regulations. Setting aside, varying order without notice (3) If a restraining order is made on application without notice, any party who was not given notice of the application may apply to the court, in accordance with the regulations, to have the order set aside or varied. Same (4) In an application under subsection (3), (a) the onus is on the person who applied for the restr…

7 (1) The court may, on application in accordance with the regulations, set aside or vary a restraining order made under section 4 if the court is satisfied that there has been a material change in circumstances. No stay (2) An application under subsection (1) does not operate as a stay of the restraining order, unless the court orders otherwise.

8 (1) In an application under this Part, a court may receive and base decisions on evidence considered by the court to be trustworthy in the circumstances. Application of special rules of evidence (2) Sections 18.3 to 18.6 of the Evidence Act apply in respect of a witness in an application under this Part regardless of his or her age.

9 (1) An application under this Part may be commenced, continued or responded to by a party who is a child without any legal representation or a litigation guardian, and the child is deemed to have capacity to retain and instruct counsel. Legal representation (2) If a child who is a party to an application under this Part does not have legal representation, the court shall, at the first reasonable opportunity after the commencement of the application, determine whether legal representation is desirable to protect the child’s interests, and may make such a determination at any later stage. Deemed to be in the child’s best interest (3) If the child is a victim who is not the applicant in an application under section 3, and the court is of the opinion that there is a difference of views between the child and the applicant, legal representation of the child is deemed to be desirable to prote…

10 (1) If a party to or witness in an application under this Part is a child, the court shall make an order directing that any information that could identify the child shall not be published in any document or broadcast or transmitted in any way. Person who is not a child (2) If a victim or witness in an application under this Part is not a child, the court may, on application in accordance with the regulations, make an order directing that any information that could identify the person shall not be published in any document or broadcast or transmitted in any way, if the court is satisfied that the order is necessary for the proper administration of justice. Duty to inform (3) If the victim or witness is not a child, the court shall, at the first reasonable opportunity after the commencement of an application under this Part, inform the applicant, the victim if he or she is not the appl…

11 (1) An order made under this Part may be appealed to the Superior Court of Justice in accordance with the regulations. Timing (2) An appeal under subsection (1) must be brought no later than 30 days after the order being appealed from is made, or such later time as the Superior Court of Justice may specify. Court of Appeal (3) A judgment of the Superior Court of Justice on an appeal under subsection (1) may be appealed to the Court of Appeal in accordance with the regulations, with leave of a judge of that Court in accordance with the regulations, on any question that is not a question of fact alone. Grounds for leave (4) Leave may not be granted under subsection (3) unless the judge determines that, in the particular circumstances of the case, it is essential in the public interest or for the due administration of justice that leave be granted. No appeal, review re leave (5) No appea…

12 In the event of a conflict between this Part and the Courts of Justice Act, this Part prevails to the extent of the conflict.

13 The rules of court do not apply to an application or appeal under this Part, except as may be provided by the regulations.

14 No fees are payable under the Administration of Justice Act with respect to an application or appeal under this Part, unless otherwise provided by the regulations.

15 (1) The Minister responsible for the administration of this Act may make regulations, (a) respecting anything that, under this Part, may or must be prescribed or done by regulation; (b) governing procedures respecting applications and appeals under this Part, including procedures in relation to, (i) the mode and conduct of applications, including requiring the filing of documents, (ii) the commencement of applications, representation of parties and service of documents in or outside Ontario, (iii) pleadings, (iv) the use of documents and other evidence in applications, including discovery and other forms of disclosure, (v) the examination of witnesses, (vi) appeals and motions for appeal, including their mode and conduct, (vii) the mode and conduct of hearings, (viii) the disposition of applications, appeals and motions for appeal without a hearing and its effect. Same (2) Regulations…

PART III TORT OF HUMAN TRAFFICKING

16 (1) A victim of human trafficking may bring an action against any person who engaged in the human trafficking. Proof of damage not required (2) The action may be brought without proof of damage. Standard of proof (3) Findings of fact in an action under this section shall be made on the balance of probabilities.

17 (1) In an action under section 16, the court may, (a) award damages to the plaintiff, including general, special, aggravated and punitive damages; (b) order the defendant to account to the plaintiff for any profits that have accrued to the defendant as a result of the human trafficking; (c) issue an injunction on such terms and with such conditions as the court determines appropriate in the circumstances; and (d) make any other order that the court considers reasonable in the circumstances. Considerations (2) In awarding damages under clause (1) (a), the court shall have regard to all of the circumstances of the case, including, (a) any particular vulnerabilities of the plaintiff; (b) all aspects of the defendant’s conduct; and (c) the nature of any existing relationship between the plaintiff and the defendant. Accounting not relevant to damages (3) The court shall not take into accou…

18 Omitted (provides for coming into force of provisions of this Act).

19 Omitted (enacts short title of this Act). Note: On a day to be named by proclamation of the Lieutenant Governor, Part IV of the Act is repealed and the following substituted: (See: 2023, c. 16, s. 2 (3))

PART IV COERCED DEBTS INCURRED IN RELATION TO HUMAN TRAFFICKING

18 Subject to the regulations, a debt is a coerced debt for the purposes of this Part if the debt was incurred as a result of the debtor being subjected to human trafficking. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3) - not in force

19 Despite any other Act, no person or entity shall, through any means whatsoever, knowingly collect or attempt to collect a coerced debt. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3) - not in force

20 Where the existence of a coerced debt has been established, no person or entity who is determining whether to provide a debtor who has been subjected to human trafficking with credit services or products shall take the existence of the coerced debt into consideration when making that determination. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3) - not in force

21 (1) Subject to subsection (2), in the case of a disagreement as to the application of this Part to a debt, the debtor or creditor may apply to a prescribed individual or group of individuals for a determination as to whether the debt is a coerced debt. 2023, c. 16, s. 2 (3). Same (2) An application by a debtor must be accompanied by a letter from an organization that satisfies the prescribed criteria, setting out prescribed information in support of the application. 2023, c. 16, s. 2 (3). Determination (3) After affording the debtor and creditor an opportunity to be heard, the prescribed individual or group of individuals 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 the determination in writing. 2023, c. 16, s. 2 (3). Section Amendments with da…

22 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) respecting anything that, under this Part, may or must be prescribed or done by regulation; (b) prescribing types of debts that are not coerced debts for the purposes of this Part; (c) prescribing criteria that must be satisfied in order for a coerced debt to be established; (d) governing applications made under section 21, including governing the application of the Statutory Powers Procedure Act or any of its provisions. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3) - not in force

23 This Part binds the Crown. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3) - not in force ______________