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FederalDid not become law (session ended)40th Parliament, 2nd Session

Bill S-223 explained in plain English

An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures in order to provide assistance and protection to victims of human trafficking

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 2nd Session
Bill number
Bill S-223
Full title
An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures in order to provide assistance and protection to victims of human trafficking
Current status
Did not become law (session ended)
Latest event
Senate bill awaiting first reading in the House of Commons
Last updated
Dec 15, 2009

Official Parliament of Canada snapshot for 40th Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
Senate bill awaiting first reading in the House of Commons
Latest Activity
Dec 15, 2009
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-223 amends Canada's immigration law to allow victims of human trafficking to obtain temporary resident permits and access federal health services, and requires the federal health minister to establish a trafficking hotline and awareness campaign.

What It Means

Bill S-223 is a federal law that makes changes to help people who have been victims of human trafficking in Canada. Here is what it does: **Temporary Permits for Trafficking Victims** The bill allows immigration officers to issue special permits to foreign nationals who are victims of human trafficking. These permits let trafficking victims stay in Canada temporarily while their situation is addressed. There are two types of permits: - A short-term permit valid for up to 180 days - A longer-term permit valid for up to 3 years (issued if there is serious risk of harm if the person is removed from Canada, if they are willing to help authorities investigate trafficking crimes, or if other circumstances justify it) These permits can be issued even if the person would normally be inadmissible to Canada or doesn't meet other immigration requirements. **Health Services** People holding the short-term permit are eligible to receive the same federal health services as people who have applied for refugee protection in Canada. **Protection from Criminal Charges** People holding a 3-year trafficking victim permit cannot be charged with certain immigration offences or criminal offences related to how they entered Canada (such as human smuggling or document fraud offences). **New Support Services** The bill requires Canada's Minister of Health to: - Establish a telephone hotline to help trafficking victims in the Department of Health - Provide information services in the department's regional offices - Develop and implement a public awareness campaign about human trafficking **When It Takes Effect** The law comes into effect one year after it receives royal assent (the Governor General's signature), or earlier if the Governor in Council decides.

What This Bill Does
  • Amends the Immigration and Refugee Protection Act to allow immigration officers to issue short-term victim of trafficking protection permits valid for up to 180 days to foreign nationals who may be or may have been victims of human trafficking
  • Amends the Immigration and Refugee Protection Act to allow immigration officers to issue longer-term victim of trafficking protection permits valid for up to 3 years if removal would be harmful to the victim, the victim is willing to assist in investigation or prosecution of trafficking offences, or other circumstances justify it
  • Permits can be issued to individuals who are inadmissible to Canada or do not meet other immigration requirements, and can be cancelled at any time
  • Makes holders of the short-term victim of trafficking protection permit eligible for the same federal health services as refugee protection claimants in Canada
  • Protects holders of 3-year trafficking victim permits from being charged with certain immigration offences (sections 122, 124(1)(a), 127) and Criminal Code offences (sections 57, 340(c), 354, 366, 368, 374, 403) related to their entry into Canada
  • Requires the Minister of Health to establish a telephone hotline to assist victims of human trafficking
  • Requires the Minister of Health to provide information services in the department's regional offices to assist trafficking victims
  • Requires the Minister of Health to develop and implement a public awareness campaign respecting human trafficking
  • Requires immigration reporting to include the number of victim of trafficking protection permits issued under sections 24.1 and 24.2
Who Is Affected
  • Foreign nationals who are victims of human trafficking in or while coming to Canada
  • Immigration officers who will issue and manage victim of trafficking protection permits
  • The Minister of Health and the Department of Health (must establish hotline, provide information services, and develop public awareness campaign)
  • Health service providers who will serve trafficking victims eligible for federal health services
  • Law enforcement authorities investigating or prosecuting trafficking offences
  • The general public (through public awareness campaigns about human trafficking)
Rights, Duties, Or Obligations
  • Immigration officers must comply with any instructions the Minister may provide when issuing victim of trafficking protection permits
  • Holders of the short-term victim of trafficking protection permit (section 24.1) have the right to remain in Canada as a temporary resident for up to 180 days
  • Holders of the longer-term victim of trafficking protection permit (section 24.2) have the right to remain in Canada as a temporary resident for up to 3 years
  • Holders of the short-term permit are eligible for the same federal health services as refugee protection claimants in Canada
  • Temporary residents holding victim of trafficking protection permits have the right to enter and remain in Canada on a temporary basis
  • The Minister of Health is obligated to establish a telephone hotline to assist victims of human trafficking
  • The Minister of Health is obligated to provide information services in the Department of Health's regional offices
  • The Minister of Health is obligated to develop and implement a public awareness campaign respecting human trafficking
Important Dates
  • Bill passed by Senate on December 15, 2009
  • The Act comes into force one year after it receives royal assent, or on an earlier date fixed by order of the Governor in Council
Financial Or Tax Impacts
  • Bill requires the Minister of Health to establish a telephone hotline and regional information services, requiring government funding and resources
  • Bill requires the Minister of Health to develop and implement a public awareness campaign, requiring government funding
  • Holders of victim of trafficking protection permits will be eligible for federal health services, which creates government expenditure for healthcare provision
Enforcement Or Penalties
  • Victim of trafficking protection permits can be cancelled at any time by immigration authorities
  • Holders of victim of trafficking protection permits cannot be charged with specified immigration offences under sections 122, 124(1)(a), and 127 of the Immigration and Refugee Protection Act, or Criminal Code offences under sections 57, 340(c), 354, 366, 368, 374, and 403, in relation to their coming into Canada
Uncertainties Or Limits
  • The bill text does not specify what 'otherwise justified in the circumstances' means for issuance of victim permits; this will be determined by ministerial instructions and officer discretion
  • The bill text does not define what constitutes 'serious possibility that removal from Canada would be harmful to the victim,' leaving interpretation to immigration officers
  • The bill text does not specify how the Minister of Health's instructions to immigration officers will be established or what criteria they will contain
  • The bill text does not specify the structure, funding, or operational details of the telephone hotline or regional information services
  • The bill text does not provide details about the scope or specific content of the public awareness campaign
  • It is unclear whether the federal health services eligible to short-term permit holders include services beyond those provided to refugee protection claimants
  • The bill text does not specify procedures for verification that a person is a victim of trafficking, leaving this to officer discretion and instructions
  • The bill text does not specify timelines for the Minister of Health to establish the hotline, regional services, or public awareness campaign, beyond requiring them to be in place by the commencement date
Laws Or Regulations Affected
Immigration and Refugee Protection Act
amended

New sections 24.1 and 24.2 are added to allow immigration officers to issue victim of trafficking protection permits; section 29 is amended to recognize victim of trafficking protection permits as a valid temporary resident status; section 47 is amended to include cancellation of victim of trafficking protection permits as grounds for loss of temporary resident status; section 94 is amended to require reporting of victim of trafficking protection permits issued

Source: Sections 3, 4, 5, 6

Criminal Code
referenced

The definition of 'victim of trafficking in persons' refers to victims as defined in section 2 of the Criminal Code, and section 279.01 of the Criminal Code is referenced as a trafficking offence; holders of 3-year permits are protected from prosecution under certain Criminal Code offences (sections 57, 340(c), 354, 366, 368, 374, 403) related to their entry into Canada

Source: Section 24.1(1) and 24.2(3)

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Feb 4, 2009
Completed

Bill S-223, an act to provide assistance and protection to victims of human trafficking, completed its first reading in the Senate on February 4, 2009, and subsequently advanced through all Senate stages before awaiting first reading in the House of Commons.

Introduction and first reading, Feb 4, 2009
End of stage activity, Feb 4, 2009
Chamber sittings
Introduction and first reading - Feb 4, 2009

The Senate completed the first reading of Bill S-223, an Act concerning victims of human trafficking.

Step 2
Second reading
Sep 29, 2009
Completed

The Senate completed the Second Reading stage for Bill S-223, an act to assist human trafficking victims, on February 24, 2009, following speeches by Senators Phalen and Carstairs.

Second reading, Sep 29, 2009
Referral to committee, Sep 29, 2009
End of stage activity, Sep 29, 2009
Chamber sittings
Debate at second reading - Feb 24, 2009

On February 24, 2009, the Senate heard statements, tabled reports, debated legislation including Bill S-223 concerning victims of human trafficking, and adjourned the debate on that bill.

During the Senate's second reading debate, Senator Phalen spoke in support of Bill S-223, an act to provide assistance and protection to victims of human trafficking, after which the debate was adjourned.

Debate at second reading - Apr 23, 2009

The Senate held a sitting on April 23, 2009, which included routine proceedings, Question Period, and debate on several bills, including Bill S-223, the An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures in order to provide assistance and protection to victims of human trafficking.

Debate at second reading - May 28, 2009

During a Senate sitting on May 28, 2009, the second reading debate for Bill S-223 on human trafficking victims continued, with senators expressing support for the bill's principles and a desire to resolve wording issues.

Debate at second reading - Sep 29, 2009

The Senate debated and gave second reading to Bill S-223, an act concerning assistance and protection for victims of human trafficking, referring it to committee.

The Senate debated and agreed to refer Bill S-223, concerning assistance and protection for victims of human trafficking, to a committee after second reading.

Step 3
Consideration in committee
Dec 8, 2009
Completed

Bill S-223 completed its committee review stage in the Senate on December 8, 2009.

Committee report presented with amendments, Dec 8, 2009
End of stage activity, Dec 8, 2009
Chamber sittings
Committee report presented with amendments - Dec 8, 2009

The Senate's Human Rights Committee presented its fourth report on Bill S-223 concerning victims of human trafficking, scheduling it for further consideration.

Step 4
Report stage
Dec 15, 2009
Completed

Bill S-223, concerning assistance and protection for victims of human trafficking, completed its Report stage and Third Reading in the Senate on December 15, 2009, and is now awaiting its first reading in the House of Commons.

Committee report adopted, Dec 15, 2009
End of stage activity, Dec 15, 2009
Chamber sittings
Debate at consideration of committee report - Dec 14, 2009

On December 14, 2009, the Senate convened for Routine Proceedings, Question Period, and Orders of the Day, during which Bill S-223, related to human trafficking victims, was at the Report Stage, with amendments to its Fourth Committee Report being debated.

Debate at consideration of committee report - Dec 15, 2009

On December 15, 2009, the Senate debated and advanced several bills, notably adopting Bill S-223 concerning victims of human trafficking and passing it on third reading.

Step 5
Third reading
Dec 15, 2009
Completed

The Senate completed the third reading of Bill S-223, an act concerning assistance and protection for human trafficking victims, after which it awaited first reading in the House of Commons.

Third reading, Dec 15, 2009
End of stage activity, Dec 15, 2009
Chamber sittings
Debate at third reading - Dec 15, 2009

On December 15, 2009, the Senate debated and advanced several pieces of legislation, including Bill S-223 concerning victims of human trafficking, and concluded its business for the day.

Step 1
First reading
Date not listed
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Gerard A. Phalen
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced