Prevention of and Remedies for Human Trafficking Act, 2017, S.O. 2017, c. 12, Sched. 2

• Jurisdiction: Ontario

Prevention of and Remedies for Human Trafficking Act, 2017

S.o. 2017, chapter 12
Schedule 2

Consolidation Period: From June 3, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 21, Sched. 4.

CONTENTS

PART I
INTERPRETATION

Definition

1 In this Act,

“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.

PART II
RESTRAINING ORDER, HUMAN TRAFFICKING

Definitions

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”)

Application for restraining order

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, and the respondent. 2017, c. 12, Sched. 2, s. 3 (2)

Section Amendments with date in force (d/m/y)

2021, c. 21, Sched. 4, s. 1 - 03/06/2021

Restraining order

Definition

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 use of threats or other forms of intimidation by the respondent against the victim or a person known to the victim.

7. The use of force by the respondent against the victim or a person known to the victim, or against another person in the victim’s presence.

8. The use of deception, fraud or other forms of coercion by the respondent in relation to the victim.

9. The provision to the victim of alcohol or of a controlled substance, as defined in the Controlled Drugs and Substances Act (Canada), by the respondent, in order to cause or compel the victim to provide labour or services.

10. The respondent’s control, including withholding, or threatened control of the victim’s access to alcohol or to a controlled substance referred to in paragraph 9.

11. The respondent’s control or threatened control of the victim’s finances, including withholding money.

12. The respondent’s control, including withholding, destruction, concealment or removal, or threatened control of any of the victim’s personal effects or documents, such as a passport, driver’s licence, health card or other form of identification.

13. The possession, making, transmission, making available, selling, advertising or distribution, by the respondent, of any visual recording of the victim in which the victim is nude, is exposing his or her genital organs, anal region or breasts, or is engaged in or depicted as being engaged in explicit sexual activity. 2017, c. 12, Sched. 2, s. 4 (3).

Provisions of order

(4) A restraining order made under subsection (2) may contain any reasonable condition that the court considers necessary or advisable for the protection of the victim and, if applicable, any other person, including,

(a) prohibiting the respondent from, directly or indirectly, communicating with or contacting the victim or any specified person;

(b) prohibiting the respondent from attending at or within a specified distance from any place that the victim or a specified person attends regularly, which may include a school, shelter, youth facility, place of residence, place of worship, place of employment or any other place where the victim or specified person is reasonably known by the respondent to be;

(c) requiring the respondent to return specified personal effects or documents belonging to the victim, such as a passport, driver’s licence, health card or other form of identification, in the manner specified in the order;

(d) requiring the respondent to return to the victim the original and any copies of any visual recording of the victim; and

(e) prohibiting the respondent from possessing, making, transmitting, making available, selling, advertising or distributing any visual recording of the victim. 2017, c. 12, Sched. 2, s. 4 (4); 2021, c. 21, Sched. 4, s. 2 (1).

Same, weapon

(5) If, in making a restraining order under subsection (2), the court determines that it is necessary or advisable for the protection of the victim or any other person to prohibit the respondent from possessing any weapon, as defined in section 2 of the Criminal Code (Canada), the court shall include the prohibition as a condition in the order and shall specify,

(a) the period during which the condition applies; and

(b) the manner in which the weapon and any related authorizations, licences or certifications that are held by the respondent shall be surrendered, disposed of, detained, stored or otherwise dealt with. 2017, c. 12, Sched. 2, s. 4 (5); 2021, c...