Protection against Pedophiles Act, 1997
EXPLANATORY NOTE
The Bill prohibits persons from retaining or continuing to retain the services of a pedophile in a position that involves dealing directly with children on a regular basis. The Bill also prohibits pedophiles from acting in a position of that type six months after the Bill comes into force. A pedophile is defined as a person who has been convicted of sexual crimes involving children or in respect of whom a prohibition has been made to keep the person away from children.
The Bill creates offences for persons who contravene the prohibitions. However, an employer who has employed a pedophile is not guilty of an offence if the employer has obtained a letter from the police stating that the employee is not a pedophile.
Bill 1451997
An Act to provide protection against
pedophiles by preventing them from working
in direct contact with children
Preamble
It is important to protect society in general, and children in particular, from pedophiles.
To achieve that objective it is desirable to prevent pedophiles from working in positions that involve dealing directly with children on a regular basis.
The Legislative Assembly considers that the provisions of this Act are justifiable in a free and democratic society.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"pedophile" means a person who has at any time been convicted of a sexual offence respecting a child or in respect of whom an order of prohibition has been made under section 161 of the Criminal Code (Canada); ("pédophile")
"sexual offence respecting a child" means an offence under section 163.1 of the Criminal Code (Canada) or any of the following provisions of the Criminal Code (Canada) if the victim of the offence was under 18 years of age: sections 151, 152, 153, 155 and 159, subsections 160 (2) and (3), sections 170 and 172, subsection 173 (2) and sections 271, 272 and 273. ("infraction sexuelle concernant un enfant")
Prohibitions
2. (1) Subject to subsection (3), no person shall retain or continue to retain the services of a pedophile, whether for consideration or not, in a position that involves dealing directly with persons under 18 years of age on a regular basis.
Same, providing services
(2) Subject to subsection (3), no pedophile shall provide or agree to provide services, whether for consideration or not, in a position that involves dealing directly with persons under 18 years of age on a regular basis.
Exception
(3) No person shall be deemed to contravene subsection (1) or (2) with respect to a pedophile who immediately before this Actcomes into force provided services, whether for consideration ornot, in a position that involved dealing directly with personsunder 18 years of age on a regular basis but who no longer provides those services six months after this Act comes into force.
No liability
3. No person shall be liable in damages for terminating a contract for the services of a pedophile to avoid contravening section 2.
Offences
4. (1) Subject to subsection (2), a person who contravenes section 2 is guilty of an offence.
Exception
(2) A person who retains or continues to retain the services of a pedophile in contravention of section 2 is not guilty of an offence if the person has obtained a letter from the police stating that the person whose services are so retained is not a pedophile.
Directors, officers
(3) Every director or officer of a corporation is guilty of an offence who,
(a) knowingly causes, authorizes, permits or participates in the commission by the corporation of an offence described in subsection (1); or
(b) fails to take reasonable care to prevent the corporation from committing an offence described in subsection (1).
Penalty, non-corporations
(4) A person who is not a corporation and who is convicted of an offence described in subsection (1) is liable to a fine of not less than $5,000 and not more than $10,000 or to imprisonment for a term of not more than one year, or to both.
Penalty, corporations
(5) A corporation convicted of an offence described in subsection (1) is liable to a fine of not less than $10,000 and not more than $25,000.
Commencement
5. This Act comes into force on the day it receives Royal Assent.
Short title
6. The short title of this Act is the Protection against Pedophiles Act, 1997.