Anti-Human Trafficking Strategy Act, 2021

Bills that amended this Act0

No published amendment links yet for this Act.

Sections19

• [s0]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. A survivor-centred, comprehensive and collaborative approach is required to protect those most vulnerable, to support survivors and to end human trafficking in Ontario.

• [s1]

  Definitions

• 1Definitions

  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”)

• [s3]

  Anti-Human Trafficking Strategy

• 2Strategy

  2 (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.

• 3Periodic reporting

  3 The Minister shall periodically publish reports on the actions taken as part of the strategy.

• 4Review of the strategy

  4 (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, inclu…

• 5Principles

  5 (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 whethe…

• [s8]

  Regulations Respecting Anti-Human Trafficking Measures

• 6Regulations, anti-human trafficking measures

  6 (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) requiri…

• [s10]

  Enforcement

• 7Inspectors

  7 (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…

• 8Offences

  8 (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. No 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…

• 9Public 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.

• [s14]

  General Regulations and Miscellaneous

• 10General 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.

• 11Crown bound

  11 This Act binds the Crown.

• 12

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

• 13

  13 Omitted (enacts short title of this Act). ______________