Bill 41 explained in plain English
Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2023
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 43rd Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill 41, the Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2023, amends Ontario's Consumer Reporting Act and the Prevention of and Remedies for Human Trafficking Act, 2017, to prohibit the reporting and collection of debts incurred due to human trafficking and establishes a process for determining such debts.
Bill 41, also known as the Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2023, makes changes to Ontario law to protect individuals who have been subjected to human trafficking from debts they were coerced into incurring. The bill amends the Consumer Reporting Act to prevent information about coerced debts from being included in credit reports. It also creates a new Part IV in the Prevention of and Remedies for Human Trafficking Act, 2017, which defines 'coerced debt' as a debt incurred as a result of human trafficking. This new part prohibits the collection of coerced debts and prevents creditors from considering them when deciding to offer credit. The bill also establishes a process for determining if a debt is a coerced debt, involving a prescribed individual or group.
- Prohibits the inclusion of information about coerced debts in consumer reports.
- Amends the title of the Prevention of and Remedies for Human Trafficking Act, 2017.
- Adds a new Part IV to the Prevention of and Remedies for Human Trafficking Act, 2017, which defines and addresses coerced debts incurred in relation to human trafficking.
- Prohibits the collection or attempted collection of coerced debts.
- Prohibits persons or entities from considering coerced debts when determining whether to provide credit services or products to a debtor who has been subjected to human trafficking.
- Allows for a determination of whether a debt is a coerced debt by a prescribed individual or group in cases of disagreement between a debtor and creditor.
- Allows the Minister to make regulations related to the new Part IV, including defining criteria for coerced debts and governing application processes.
- Individuals who have been subjected to human trafficking and incurred debts as a result.
- Creditors and persons or entities involved in providing credit services or products.
- Consumer reporting agencies.
- Individuals subjected to human trafficking have the right not to have debts incurred due to trafficking included in consumer reports.
- Individuals subjected to human trafficking have the right not to have coerced debts collected.
- Individuals subjected to human trafficking have the right not to have coerced debts considered when applying for credit.
- Creditors and persons/entities providing credit are obligated not to collect or attempt to collect coerced debts.
- Creditors and persons/entities providing credit are obligated not to consider coerced debts when determining credit eligibility for victims of trafficking.
- Debtors and creditors have the right to apply for a determination of whether a debt is a coerced debt.
- The Act received Royal Assent on December 4, 2023.
- The Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
- The bill prohibits the collection of coerced debts, which could affect the financial recovery of creditors for those specific debts.
- The bill prohibits the knowing collection or attempted collection of a coerced debt, but does not specify penalties for contravention.
- The bill does not specify penalties for persons or entities who consider a coerced debt when determining credit eligibility.
- The specific 'prescribed individual or group of individuals' who will make determinations about coerced debts is not detailed in the bill.
- The specific criteria and information required for applications regarding coerced debts, as well as the application process itself, are subject to future regulations.
- The bill does not specify penalties for contraventions of the new provisions.
Information about coerced debts will no longer be permitted in consumer reports.
Source: Section 1
The title of the Act is changed to the Prevention of, Remedies for and Measures to Support Recovery from Human Trafficking Act, 2017. A new Part IV is added to define and address coerced debts, prohibit their collection, and prevent their consideration in credit decisions. It also establishes a process for debt determination.
Source: Section 2
Adds Part IV, which defines 'coerced debt' as a debt incurred due to human trafficking and sets out prohibitions and procedures related to such debts.
Source: Section 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.
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Vote Summary
This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.
No published representative vote breakdown
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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.
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