Bill 18, Protection of Children involved in Prostitution Act, 1998

Versions

As Amended by Standing Committee

[36] Bill 18 As Amended by Standing Committee (PDF)

B018_E

Bill 18 1998

An Act to protect Children involved in Prostitution

CONTENTS

Sections

Articles

Definitions

Application for warrant to apprehend

Warrant obtained by telephone, etc.

Apprehension of child without warrant

Notice of apprehension to child protection worker

Confinement in protective safe house

Duties of child protection worker

Notice to parent

Application for restraining order

Programs

Designation of protective safe houses

Regulations

Offence

Conflict

Commencement

Short title

Définitions

Demande de mandat d'amener

Mandat obtenu par téléphone ou par un autre moyen

Appréhension de l'enfant sans mandat

Remise de l'avis d'appréhension au préposé à la protection de l'enfance

Détention dans un foyer d'hébergement sûr

Devoirs du préposé à la protection de l'enfance

Notification du père ou de la mère

Requête en vue d'obtenir une ordonnance de ne pas faire

Programmes

Désignation de foyers d'hébergement sûrs

Règlements

Infraction

Incompatibilité

Entrée en vigueur

Titre abrégé

______________

Preamble

The people of Ontario believe that,

(a) the safety, security and well being of children and families is a paramount concern for all residents of Ontario;

(b) children engaged in prostitution are victims of sexual abuse and require protection;

(d) it is the duty of the Province to assist families and communities in providing that protection; and

(e) legislation is required to ensure the safety of all children and to assist children in ending their involvement with prostitution.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. (1) In this Act,

child" means a person under the age of 18 years; ("enfant")

child protection worker" means a child protection worker within the meaning of Part III of the Child and Family Services Act\; ("préposé à la protection de l'enfance")

Court" means the Ontario Court (Provincial Division) or the Unified Family Court; ("tribunal")

judge" means a judge of the Ontario Court (Provincial Division) or of the Unified Family Court; ("juge")

Minister" means the Minister of Community and Social Services; ("ministre")

parent "means parent as defined in subsection 37 (1) of the Child and Family Services Act; ("père ou mère")

police officer" means a police officer as defined in section 2 of the Police Services Act and includes a member of the Royal Canadian Mounted Police; ("agent de police")

protective safe house" means premises designated as a protective safe house by the Minister. ("foyer d'hébergement sûr")

Child in need of protection

(2) For the purposes of this Act, a child is in need of protection if the child is engaging in prostitution or attempting to engage in prostitution.

Application for warrant to apprehend

2. (1) If a police officer has reasonable and probable grounds to believe that a person is a child and is in need of protection, the police officer may apply to a Court for a warrant under subsection (2).

Warrant

(2) If a judge believes on reasonable and probable grounds that a person is a child and is in need of protection, the judge may issue a warrant,

(a) authorizing the police officer to apprehend the child;

(b) authorizing the police officer to deliver the child to the care of a child protection worker; and

(c) if the judge is satisfied that the child may be found in a place or premises, authorizing the police officer to enter, by force if necessary, the place or premises to search for and apprehend the child and to deliver the child to the care of a child protection worker.

Assessment

(3) If a child is delivered to the care of a child protection worker under clause (2) (b) or (c), the child protection worker shall conduct a preliminary assessment to determine whether or not the child is in need of a protective safe house and may,

(a) if it is determined that the child is in need of a protective safe house, convey the child to a protective safe house determined appropriate by the child protection worker;

(b) if it is determined that the child is not in need of a protective safe house, return the child to the child's parent or to an adult who, in the opinion of the child protection worker, based on the assessment performed, is a responsible adult who has care and control of the child.

Consent of child over 16

(4) Despite clause (3) (b), a child who is 16 years of age or older shall not be returned to the child's parent or to a responsible adult unless the child consents to go. If the child refuses to consent, he or she shall be conveyed to a protective safe house determined appropriate by the child protection worker.

Warrant obtained by telephone, etc.

3. (1) If, in the opinion of the police officer, it would be impracticable to appear personally before a judge to apply for a warrant under section 2, the police officer may apply to a judge for a warrant by telephone or other means of telecommunication.

Information given upon oath

(2) The information on which an application for a warrant by telephone or other means of telecommunication is based shall be given on oath.

Same

(3) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

Record of information

(4) The information shall be recorded word for word by the judge who, as soon as practicable, shall cause the record or a transcription of the record, certified by the judge as to time, date and contents, to be filed with the clerk of the Court.

Content of information

(5) The information submitted by telephone or other means of telecommunication shall include,

(a) a statement of the circumstances that make it impracticable for the police officer to appear personally before a judge;

(b) the identity of the child, if known;

(c) a statement setting out the police officer's grounds for believing that the person is a child and is in need of protection; and

(d) a statement as to any known prior application for a warrant under this section or section 2 in respect of the same child.

Warrant

(6) A judge may issue a warrant under this section if,

(a) the application made by telephone or other means of telecommunication,

(i) is based on information that conforms to the requirements of subsection (5), and

(ii) discloses reasonable grounds for dispensing with personal appearance for the purpose of making an application under subsection (1); and

(b) the judge believes on reasonable and probable grounds that a person is a child and is in need of protection.

Processing of warrant

(7) If a judge issues a warrant under the section,

(a) the judge shall complete and sign the warrant, noting on its face the time, date and place at which it was made;

(b) the police officer, on the direction of the judge, shall complete, in duplicate, a facsimile of the warrant, noting on its face the name of the judge who issued the warrant and the time, date and place at which it was made; and

(c) the judge shall, as soon as practicable after the warrant is issued, cause the warrant to be filed with the clerk of the Court.

Same

(8) A warrant issued under this section may authorize a police officer to do anything he or she could be authorized to do by a warrant issued under section 2.

Validity of warrant

(9) A warrant issued under this section is valid even though the circumstances in which it was issued did not make it impracticable to appear personally before a judge to obtain a warrant under section 2.

Apprehension of child without warrant

4. (1) A police officer may, without a warrant, apprehend and convey a person to a protective safe house if the police officer has reasonable and probable grounds to believe that the person is a child and that the child's life or safety is seriously and imminently endangered because the child is engaging in prostitution or attempting to engage in prostitution.

Entering premises without warrant

(2) If a police officer is acting under subsection (1) and has reasonable and probable grounds to believe that the child may be found in a place or premises, the police officer may, without a warrant and by force if necessary, enter that place or those premises and search for and apprehend the child.

Notice of apprehension to child protection worker

5. If a police officer apprehends a child under this Act, the police officer shall notify a child protection worker immediately that the child has been apprehended and inform the worker as to whether the child has been,

(a) returned to the child's parent or to an adult who has care and control of the child pursuant to a warrant obtained under section 2 or 3; or

(b) conveyed to a protective safe house.

Confinement in protective safe house

6. (1) If a police officer apprehends a child and conveys the child to a protective safe house under section 2, 3, or 4, the child protection worker who receives notice under section 5 may confine the child in the protective safe house for a period of up to three days and, at or before the end of the three-day period, shall,

(a) return the child to the custody of the child's parent or to an adult who in the opinion of the child protection worker is a responsible adult who has care and control of the child;

(b) release the child if in the opinion of the child protection worker the child is capable of providing for the child's own needs and safety; or

Show cause hearing

(2) If a child is apprehended without a warrant under section 4 and confined in a protective safe house under subsection (1), the child protection worker who received notice under section 5 shall appear before the Court within three days of the commencement of the confinement to show cause why the confinement was necessary.

Application for order

(3) If a child is confined in a protective safe house under subsection (1) and the child protection worker has determined not to act under clause (1) (a) or (b), the child protection worker shall, within three days of the commencement of the confinement, apply to a judge for a supervision order, a society wardship order, a crown wardship order or consecutive order of society wardship and supervision under section 57 of the Child and Family Services Act.

Application of Child and Family Services Act

(4) Sections 47 to 70 of the Child and Family Services Act apply with necessary modifications to an application for an order made under subsection (3) as though it were an application to determine whether a child is in need of protection under section 47 of the Child and Family Services Act.

Continued confinement

(5) If an application is made under subsection (3), a child protection worker may continue to confine the child in the protective safe house until the application is finally determined.

Duties of child protection worker

7. If a child is apprehended and conveyed to a protective safe house under this Act, the child protection worker who receives notice under section 5 shall have exclusive custody of the child and be responsible for the child's care, maintenance and well being while the child is confined in the protective safe house.

Notice to parents

8. (1) A child protection worker who receives notice under section 5 shall immediately give notice that the child has been apprehended to the child's parents and inform the parents of the child protection worker's intention, where applicable, to confine the child in a protective safe house in accordance with subsection 6 (1) and to apply for an order in accordance with subsection 6 (3).

Same

(2) Notice under this section may be by any method and may be oral or in writing.

Validity of application

(3) The validity of an application under subsection 6 (3) is not affected by the failure of the child protection worker, after reasonable effort, to give notice in accordance with this section.

Application for restraining order

9. (1) If a child is confined in a protective safe house, a child protection worker may apply to a judge for an order under subsection (3).

Same

(2) A child who is participating voluntarily in a program to assist the child in ending involvement in prostitution or the child's parent may apply to a judge for an order under subsection (3).

Order

(3) A judge may issue an order restraining a person from contacting a child referred to in subsection (1) or (2) or from associating in any way with that child if the judge has reasonable and probable grounds to believe that the person,

(a) has physically or emotionally injured or sexually abused or is likely to physically or emotionally injure or sexually abuse the child; or

(b) has encouraged or is likely to encourage the child to engage in prostitution.

Programs

10. The Minister shall establish such programs as are necessary to assist children in ending their involvement in prostitution.

Designation of protective safe houses

11. The Minister may designate any place, building or premises as a protective safe house for the purposes of this Act.

Regulations

12. The Lieutenant Governor in Council may make regulations,

(a) respecting the rules to be followed in a proceeding before the Court under this Act;

(b) respecting the forms, including notices, to be used in any application made to the Court under this Act;

Offence

13. Any person who,

(a) wilfully causes a child to be a child in need of protection; or

(b) obstructs or interferes with or attempts to obstruct or interfere with, a child protection worker or a police officer exercising any power or duty under this Act,

is guilty of an offence and liable to a fine of not more than $25,000 or to imprisonment for a period of not more than 24 months, or to both.

Conflict

14. If a provision in this Act conflicts with a provision of the Child and Family Services Act or of any other Act, the provision in this Act prevails.

Commencement

15. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

16. The short title of this Act is the Protection of Children involved in Prostitution Act, 1998.

EXPLANATORY NOTE

The purpose of the Bill is to protect children under 18 who are involved in prostitution. The Bill gives police officers the power, with a warrant, to apprehend a child involved in prostitution and to deliver the child to the care of a child protection worker. The child protection worker will determine whether to return the child to his or her family or to place the child in protective safe house. The police officer may also apprehend a child without a warrant where the child's life or safety is seriously and imminently endangered and convey the child to a protective safe house.

If a child is brought to a protective safe house under this Act, a child protection worker shall be responsible for the child and for determining whether to return the child to his or her parent, to a person who had care and control of the child before the child was apprehended or to another adult who is capable of providing for the child's needs. The child protection worker may also decide to apply to Court for an order under section 57 of the Child and Family Services Act (supervision order, society wardship order, Crown wardship order or consecutive orders of society wardship and supervision).

The Bill would allow a child, his or her parent or a child protection worker to apply to Court for a restraining order against a person who has abused the child or who has encouraged the child or is likely to encourage the child to engage in prostitution.

The Bill makes it an offence for a person to encourage a child to engage in prostitution. The penalty for the offence is a fine of up to $25,000, imprisonment of up to 24 months or both a fine and imprisonment.

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.