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Office of the Legislative Assembly of Ontario Toronto, Ontario, Canada. Copyright © 2000 |
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Office of the Legislative Assembly of Ontario Toronto, Ontario, Canada. Copyright © 2000 |
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Bill 176 2000
An Act to protect children from sexual exploitation and to amend the Highway Traffic Act
Contents
Interpretation
1.
2.
Purpose
Definitions
Protection of Children from Sexual Exploitation
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Warrant to apprehend a child
Apprehension of child without warrant
Offence
Safe facility
Notice to parent
Show cause hearing
Application to court
Court order
Release of child
Restriction on access
Exclusion of person
Publication ban
Determination of safe facility
Medical treatment
Returning child to safe facility
Protection from personal liability
Child and Family Services Act not applicable
Regulations
Amendment to the Highway Traffic Act
21.
Amendment to the Highway Traffic Act
Commencement and Short Title
22.
23.
Commencement
Short title
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. InterpretationPurpose 1. (1) The purposes of this Act are to protect children from sexual exploitation for commercial purposes and to assist children in leaving situations in which they are sexually exploited for commercial purposes. Sexual exploitation (2) For the purposes of this Act, a child is sexually exploited for commercial purposes or is at risk of sexual exploitation for commercial purposes if it is reasonable to believe that any of the following have taken place or will take place: 1. The child engages in prostitution or attempts to engage in prostitution. 2. The child engages in any sexually explicit activity in an adult entertainment facility or in a massage parlor. 3. The child is in a common bawdy-house, within the meaning of Part VII of the Criminal Code (Canada). 4. The child acts as an escort for the monetary gain of any person. 5. The child engages in communications of a sexual nature for the monetary gain of any person. 6. The child is used in making sexually explicit or pornographic images. 7. The child engages in any other activity of a sexual nature for the monetary gain of any person. Definitions 2. In this Act, "child" means an individual who is under 18 years of age; ("enfant") "children¹s aid society worker" means a local director for the purposes of the Child and Family Services Act or an individual authorized by a local director for the purposes of this Act; ("préposé d¹une société d¹aide à l¹enfance") "court" means the Ontario Court of Justice or the Family Court of the Superior Court of Justice; ("tribunal") "justice" means a justice of the peace or a judge of the court; ("juge") "Minister" means the Minister of Community and Social Services or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; ("ministre") "parent" means, in respect of a child, an individual who would be a parent of the child within the meaning of subsection 43 (1) of the Child and Family Services Act, if the definition of "child" for the purposes of Part III of that Act included every child under 18 years of age; ("père ou mère") "regulations" means the regulations made under this Act; ("règlements") "safe facility" means premises designated by the Minister as a safe facility; ("établissement sûr") "society" means an agency designated as a children¹s aid society for the purposes of the Child and Family Services Act. ("société") Protection of Children from Sexual Exploitation Warrant to apprehend a child 3. (1) A police officer or a children¹s aid society worker may apply to a justice for a warrant under subsection (2) to apprehend an individual if the police officer or worker has reasonable grounds to believe that the individual is a child who is sexually exploited for commercial purposes or is at risk of sexual exploitation for commercial purposes. Same (2) If the justice is satisfied on the basis of the sworn information of the police officer or worker that the individual is a child who is sexually exploited for commercial purposes or is at risk of sexual exploitation for commercial purposes, the justice may issue a warrant authorizing the police officer or worker to, (a) apprehend the child; (b) convey the child to a safe facility; and (c) enter a place or premises in which the child may be found, by force if necessary, to search for and apprehend the child. Telephone warrant (3) If the police officer or worker considers it impracticable to appear personally before a justice, he or she may apply for the warrant by submitting an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the Chief Justice of the Ontario Court of Justice. Processing of telephone warrant (4) If the application for a warrant issued under this section is made by telephone or other means of telecommunication, (a) the justice shall complete and sign the warrant, noting on its face the time, date and place at which it was made; (b) the police officer or worker, on the direction of the justice, shall complete, in duplicate, a facsimile of the warrant, noting on its face the name of the justice who issued the warrant and the time, date and place at which it was made; and (c) the justice shall cause the warrant to be filed with the clerk of the court as soon as practicable after the warrant is issued. Child¹s name, location not required (5) It is not necessary in an application or warrant to describe the child by name or to specify the premises where the child is located. Validity of warrant (6) A warrant is valid even though the circumstances in which it was issued did not make it impracticable to appear personally before a judge to obtain it. Apprehension of child without warrant 4. (1) A police officer or a children¹s aid society worker may apprehend an individual without a warrant and convey him or her to a safe facility if, (a) the police officer or worker has reasonable grounds to believe that the individual is a child who is sexually exploited for commercial purposes or is at risk of sexual exploitation for commercial purposes; and (b) the police officer or worker is of the opinion that it is impracticable in the circumstances to obtain a warrant under section 3 before apprehending the individual. Right to enter without warrant (2) A police officer or worker acting under subsection (1) may enter any place or premises, without warrant and by force if necessary, to search for and apprehend the individual if the police officer or worker has reasonable and probable grounds to believe that the individual may be found there. Offence 5. Any person who obstructs or interferes with or attempts to obstruct or interfere with a police officer or a children¹s aid society worker who is exercising any power or performing any duty under this Act is guilty of an offence and is liable on conviction to a fine of not more than $25,000 or to imprisonment for a period of not more than six months, or to both. Safe facility 6. (1) A police officer or children¹s aid society worker who apprehends an individual under this Act shall take the individual to a safe facility. Notice to society (2) If an individual is apprehended under this Act by a police officer, the police officer or the administrator of the safe facility to which the individual is taken shall notify the society of the apprehension and the location of the safe facility to which the individual is taken. Release if over 18 years (3) The administrator of the safe facility shall authorize the release of the individual and notify the society of the release if he or she is satisfied that the individual was at least 18 years of age at the time of apprehension. Notice to parent 7. (1) The society shall make reasonable efforts to inform the child¹s parent of the child¹s apprehension under this Act if the child appears to be under 16 years of age. Validity of action (2) The validity of any action taken under this Act is not affected by the failure after reasonable efforts to inform a child¹s parent of the child¹s apprehension. Show cause hearing 8. (1) Within 24 hours after a child is apprehended, or as soon thereafter as is practicable, the matter shall be brought before a justice and the society shall show cause why it is reasonable to believe that the child was sexually exploited for commercial purposes or was at risk of sexual exploitation for commercial purposes at the time the child was apprehended. Notice to child (2) The society shall ensure that the child is informed in writing before the show cause hearing of, (a) the reasons for the apprehension; (b) the time and place of the show cause hearing; (c) the child¹s right to attend the show cause hearing; (d) the child¹s right to contact a lawyer; and (e) the telephone number of the nearest office of Legal Aid Ontario. Hearing by telephone (3) A show cause hearing may be held by telephone or by other means of telecommunication in accordance with procedures established by the court. Order for confinement (4) If the justice is satisfied that it is reasonable to believe that at the time of the apprehension the child was sexually exploited for commercial purposes or was at risk of sexual exploitation for commercial purposes, the justice shall order that the child be confined for assessment in a safe facility. Application to court 9. (1) This section applies if a justice has ordered a child to be confined in a safe facility under section 8. Application (2) The society shall apply to the court for an order confining the child in a safe facility and the matter shall be brought before the court within five days after the child is apprehended. Notice (3) The society shall take reasonable steps to ensure that a copy of the application is provided to, (a) the child named in the application; and (b) such other person or persons as may be required under rules prescribed by the regulations. Contents of application (4) An application under this section shall advise the child of his or her right to attend the hearing and to have legal representation. Confinement pending hearing (5) Until the court makes a final order under this section in respect of a child, the child shall remain confined in a safe facility. Validity of action (6) The validity of any action taken under this Act is not affected by the failure after reasonable efforts to provide a copy of the application under this section to any person. Court order 10. (1) The court may order that, (a) the child be confined in a safe facility if the court is of the opinion that continued confinement will assist the child to end his or her sexual exploitation or will lessen the risk that the child will be sexually exploited; (b) the child be returned to the custody of his or her parent; or (c) the child be released. Period of confinement (2) The total number of days that a child may be confined in a safe facility after the child is apprehended under section 3 or 4 must not exceed 30 days. Child attaining 18 years (3) If the child is under 18 years of age when he or she is apprehended under this Act, the court may hear and determine the matter and make an order under this Act as if the child were still under 18 years of age. Release of child 11. At the end of the period during which a child is required to be confined in a safe facility, the safe facility shall do one of the following: 1. If the child is under 16 years of age, the safe facility shall return the child to the custody of his or her parent or shall notify the society that the child is or may be in need of protection under the Child and Family Services Act. 2. If the child is at least 16 years of age, the safe facility shall release the child or, if the child is the subject of an order made under Part III of the Child and Family Services Act, shall release the child to the society. Restriction on access 12. An order made under this Act in respect of a child may contain provisions governing any person¹s rights of access to the child during the period that the child is confined to a safe facility and may direct that the provisions apply despite any other order relating to the custody of or access to the child. Exclusion of a person 13. The court may order the exclusion of any person from the court room during part or all of a hearing under this Act, including the child who is the subject of the hearing and the child¹s parent, if the court considers that the exclusion of the person is necessary for the maintenance of order, the proper administration of justice or to protect the best interests of any child. Publication ban 14. (1) Except as permitted by the court, no person shall publish or broadcast in any way any information relating to the identity of, (a) a child who is the subject of a proceeding under this Act; (b) the child¹s parent; or (c) a child who is a witness in the proceeding. Exception (2) Subsection (1) does not apply to the disclosure of information in the course of the administration of justice or for the proper administration of this Act or the Child and Family Services Act if the purpose of the disclosure is not to make the information known to the community. Offence (3) Every person who contravenes subsection (1) is guilty of an offence and is liable on conviction to a fine not exceeding $10,000 or to imprisonment for a period of not more than three years, or to both. Determination of safe facility 15. (1) The society shall determine in which safe facility a child is confined under this Act and may transfer the child to a different safe facility. Locked area (2) A child who is confined in a safe facility may be confined in a locked facility or in a locked area of a facility. Medical treatment 16. A children¹s aid society worker may authorize a medical examination and medical treatment of a child apprehended under this Act in circumstances in which a parent¹s consent would otherwise be required. Returning child to safe facility 17. (1) If a child apprehended under this Act leaves a safe facility without the consent of the administrator of the facility or the court, a police officer or a children¹s aid society worker may apprehend the child without a warrant and return the child to the facility. Same (2) If a child is returned to a safe facility under subsection (1), the time that the child is absent from the facility shall not be taken into account in calculating any time period under this Act. Protection from personal liability 18. No action shall be instituted against any person for any act done in good faith in the execution or intended execution of that person¹s duty under this Act or for an alleged neglect or default in the execution in good faith of that duty. Child and Family Services Act not applicable 19. The Child and Family Services Act and regulations made under it do not apply to services provided under this Act or to actions taken under this Act except as otherwise provided in the regulations. Regulations 20. (1) The Lieutenant Governor in Council may make regulations, (a) prescribing provisions of the Child and Family Services Act and regulations made under that Act that apply with necessary modifications for the purposes of this Act, the class or classes of persons to whom one or more of the provisions applies and the extent to which one or more of the provisions applies to one or more classes of persons; (b) governing standards of service to be provided under this Act; (c) prescribing practices and procedures relating to the apprehension and confinement of children; (d) prescribing anything required or permitted by this Act to be prescribed by the regulations. Scope (2) A regulation made under this section may be general or particular in its application, may be limited as to time or place or both and may exclude any place or person from its application. Amendment to the Highway Traffic Act 21. The Highway Traffic Act is amended by adding the following Part: PART XIII.1 Civil remedy on conviction of certain offences Suspension on conviction, procuring, etc. 198.5 (1) The driver¹s licence of a person is suspended on his or her conviction of an offence under section 211, 212 or 213 of the Criminal Code (Canada) that was committed while the person was driving or had care, charge or control of a motor vehicle. Period of suspension (2) The period of the suspension is, (a) one year if in the five years before the date of the conviction the person has not been convicted of an offence under section 211, 212 or 213 of the Criminal Code (Canada) that would have resulted in a suspension of his or her driver¹s licence under this section; or (b) two years if in the five years before the date of the conviction the person has been convicted of an offence under section 211, 212 or 213 of the Criminal Code (Canada) that would have resulted in a suspension of his or her driver¹s licence under this section. Order for discharge (3) This section applies in the same manner as if the person were convicted if, (a) the person pleads guilty or is found guilty of the offence; and (b) an order under section 736 of the Criminal Code (Canada) or a disposition under the Young Offenders Act (Canada) directs that the person be discharged. Increased suspension (4) The period of suspension under this section is increased by the period equal to any sentence of imprisonment that is imposed on the person on the conviction. Protection from personal liability (5) No action or other proceeding for damages shall be instituted against any person for the suspension or reinstatement of a driver¹s licence in good faith in the execution or intended execution of a duty under this section or for any misadvice about or misapplication of the suspension period under subsection (2). Crown not relieved of liability (6) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (5) does not relieve the Crown from liability for a tort committed by a person for which the Crown would otherwise be liable. Transitional (7) This section applies only on convictions of offences committed on or after the day this section comes into force. Commencement and Short Title Commencement 22. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. Short title 23. The short title of this Act is the Protecting Children from Sexual Exploitation Act, 2000. EXPLANATORY NOTE The Bill will authorize a police officer or a children¹s aid society worker to apprehend a child under 18 years of age, with or without a warrant, if the police officer or worker has reasonable grounds to believe that the child has been sexually exploited for commercial purposes or is at risk of sexual exploitation for commercial purposes in prostitution, pornography, adult entertainment facilities, massage parlours, escort services, sex lines and other sexual activities carried on for monetary gain. The child must be taken before a judge or justice of the peace within 24 hours for a show cause hearing. The judge or justice of the peace may order that the child be confined in a safe facility for assessment. Within five days of being apprehended, the child must be brought before the court. The court may order that the child be confined for an additional period of time if the court believes that it will assist the child to end his or her sexual exploitation or will lessen the risk that the child will be sexually exploited again. The child may be confined in a locked facility. The maximum length of time a child may be confined in a safe facility is 30 days. The court may impose restrictions on any person¹s access to the child while the child is confined in the safe facility. The enactment of section 198.5 of the Highway Traffic Act will authorize the suspension of a person¹s driver¹s licence on conviction of a prostitution-related criminal offence if the person uses a motor vehicle in the commission of the offence. The prostitution-related criminal offences are section 211 (transporting a person to a bawdy-house), section 212 (procuring) and section 213 (an offence in relation to prostitution) of the Criminal Code (Canada). Licences will be suspended only if the offence is committed on or after the day the section comes into force. The length of the licence suspension will be one year on first conviction and two years on a subsequent conviction. |
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Created: December 22, 2000 Last modified: January 15, 2001 |
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Commercial Sex Information Service Box 3075, Vancouver, BC V6B 3X6 Tel: +1 (604) 488-0710 Email: csis@walnet.org |