[37] Bill 86 Royal Assent (PDF)
Bill 86 2002
An Act to rescue children
trapped in the misery of prostitution
and other forms of sexual exploitation
and to amend the Highway Traffic Act
|
CONTENTS |
|
|
PART I |
|
|
1. |
Purpose |
|
2. |
Definitions |
|
PART II |
|
|
3. |
Definitions |
|
4. |
Warrant to apprehend a child |
|
5. |
Apprehension of child without warrant |
|
6. |
Offence |
|
7. |
Safe facility |
|
8. |
Notice to parent |
|
9. |
Show cause hearing |
|
10. |
Application to court |
|
11. |
Court order |
|
12. |
Release of child |
|
13. |
Restriction on access |
|
14. |
Hearing private |
|
15. |
Records sealed |
|
16. |
Determination of safe facility |
|
17. |
Medical treatment |
|
18. |
Returning child to safe facility |
|
19. |
Child and Family Services Act not applicable |
|
PART III |
|
|
20. |
Right to recover |
|
21. |
Interests of the child |
|
22. |
Proof of sexual exploitation for commercial |
|
23. |
Not a defence |
|
24. |
Production of personal records |
|
25. |
Proceeding private |
|
26. |
Records sealed |
|
27. |
Special purpose account |
|
28. |
Preservation of rights |
|
PART IV |
|
|
29. |
Personal information |
|
30. |
Protection from personal liability |
|
31. |
Regulations |
|
PART V |
|
|
32. |
Amendment to the Highway Traffic Act |
|
PART VI |
|
|
33. |
Commencement |
|
34. |
Short title |
|
______________ |
|
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
INTERPRETATION
Purpose
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 the child has engaged in or will engage in a sexual activity, for the financial or other gain of the child or another person, including,
(a) engaging in prostitution;
(b) engaging in any sexually explicit activity in an adult entertainment facility or in a massage parlour;
(c) providing escort services for an escort service;
(d) engaging in communications of a sexual nature; or
(e) appearing in sexually explicit or pornographic images.
Same
(3) For the purposes of this Act, a child is deemed to be sexually exploited for commercial purposes if,
(a) the child is attempting to engage in prostitution; or
(b) the child is in a common bawdy-house within the meaning of Part VII of the Criminal Code (Canada).
Definitions
2. In this Act,
"child" means an individual who is under 18 years of age; ("enfant")
"children's 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 d'une société d'aide à l'enfance")
"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")
"personal record" means, in respect of a person, a record of information relating to the person, whether it is in printed form, on film or recorded by electronic or other means, that is,
(a) a medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption or social services record or any other record for which there is a reasonable expectation of privacy,
(b) a personal journal or diary, or
(c) a record whose production or disclosure is protected or prohibited by any other Act; ("dossier personnel")
"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 children's aid society for the purposes of the Child and Family Services Act. ("société")
PART II
RESCUING CHILDREN
FROM SEXUAL EXPLOITATION
Definitions
3. In this Part,
"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")
Warrant to apprehend a child
4. (1) A police officer or a children's 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 or on the basis of such other evidence as may be prescribed by the regulations 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) Unless otherwise provided in the regulations, 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.
Child's 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 justice to obtain it.
Apprehension of child without warrant
5. (1) A police officer or a children's 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 4 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
6. Any person who obstructs or interferes with or attempts to obstruct or interfere with a police officer or a children's aid society worker who is exercising any power or performing any duty under this Part 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 12 months, or to both.
Safe facility
7. (1) A police officer or children's aid society worker who apprehends an individual under this Part shall take the individual to a safe facility.
Notice to society
(2) If an individual is apprehended under this Part by a police officer, the police officer or the administrator of the safe facility to which the individual is taken shall notify the society as soon as possible of the apprehension and the location of the safe facility to which the individual is taken.
Confinement pending hearing
(3) An individual apprehended under this Part shall be confined in a safe facility pending the show cause hearing required under section 9.
Exception
(4) Despite subsection (3), the administrator of the safe facility in which an individual is confined shall authorize the release of the individual and notify the society of the release if the administrator is satisfied that the individual was at least 18 years of age at the time of the apprehension.
Notice to parent
8. (1) The society shall make reasonable efforts to inform the child's parent of the child's apprehension under this Part if the child appears to be under 16 years of age.
Validity of action
(2) The validity of any action taken under this Part is not affected by the failure after reasonable efforts to inform a child's parent of the child's apprehension.
Show cause hearing
9. (1) Within 24 hours after a child is apprehended, or as soon afterwards as practicable, the matter must 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 child's right to attend the show cause hearing;
(d) the child's 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
10. (1) This section applies if a justice has ordered a child to be confined in a safe facility under section 9.
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 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 must advise the child of his or her right to attend the hearing and 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 Part is not affected by the failure after reasonable efforts to provide a copy of the application under this section to any person.
Court order
11. (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.
Temporary absences
(2) Despite an order described in clause (1) (a) requiring the confinement of a child in a safe facility, the court, a children's aid society worker or the administrator of the safe facility in which the child is confined may authorize the child to be temporarily absent from the facility during the period of confinement and may set such conditions and impose such restrictions in connection with the temporary absence as he or she considers to be in the child's best interests.
Period of confinement
(3) The total number of days that a child may be confined in a safe facility after the child is apprehended under section 4 or 5 must not exceed 30 days, including any period of time during which the child is authorized by the administrator of the facility, the court or a children's aid society worker to be temporarily absent from the facility.
Child attaining 18 years
(4) If the child attains the age of 18 years after he or she is apprehended under this Part, the court may hear and determine the matter and make an order under this Part as if the child were under 18 years of age.
Release of child
12. (1) 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.
Support services on release
(2) At the time of the release under paragraph 2 of subsection (1) of a child who is at least 16 years of age, the safe facility and the society shall ensure that the child is put into contact with appropriate community support services that help children who have been sexually exploited.
Restriction on access
13. An order made under this Part in respect of a child may contain provisions governing any person's right of access to the child and the child's right of access to any person 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.
Hearing private
14. (1) A hearing under this Part must be held in the absence of the public and representatives of the press, radio, television and other public media.
Exclusion from hearing
(2) The court may order the exclusion of any person from the court room during part or all of a hearing under this Part, including the child who is the subject of the hearing and the child's parent, if the court considers that the exclusion of the person is necessary to protect the best interests of any child.
Publication ban
(3) 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 Part;
(b) the child's parent; or
(c) a child who is a witness in the proceeding.
Exception
(4) Subsection (3) 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
(5) Every person who contravenes subsection (3) 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.
Records sealed
15. (1) Subject to the regulations, the records of a proceeding under this Part must be sealed up with the original order, filed in the office of the court and not opened for inspection except on an order of the court.
Copies of the order
(2) Despite subsection (1), the court shall cause a certified copy of each order made under this Part to be transmitted to the following persons as soon as practicable after the order is made:
1. The child who is the subject of the order.
2. The society.
3. The child's legal representative.
4. Such other person or persons as may be required by the court or under rules prescribed by the regulations.
Determination of safe facility
16. (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
17. A children's aid society worker may authorize a medical examination and medical treatment of a child apprehended under this Act in circumstances in which a parent's consent would otherwise be required.
Returning child to safe facility
18. (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 children's 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.
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.
PART III
RECOVERY OF COSTS
Right to recover
20. (1) The Crown in right of Ontario has the right to recover the total of the following amounts from a person who, for the purposes of financial or other gain, sexually exploited a child for commercial purposes:
1. All costs incurred or that can reasonably be expected to be incurred, directly or indirectly, by any of the following entities in connection with the carrying out by any entity of an action or duty required or permitted under this Act in respect of the child or in connection with assisting the child to leave a situation in which he or she is or has been sexually exploited for commercial purposes:
i. a Ministry or agency of the Government of Ontario,
ii. a society,
iii. a children's aid society worker,
iv. a safe facility,
v. a service provider who provides a third party service prescribed under the Health Insurance Act,
vi. a person prescribed by the regulations.
2. All costs incurred by the Crown in right of Ontario in respect of any proceeding under Part II or this Part.
Proceeding in Superior Court of Justice
(2) The Attorney General may commence a proceeding in the name of the Crown in right of Ontario in the Superior Court of Justice to recover an amount described in subsection (1).
Limitation period
(3) A proceeding under this Part shall not be commenced after the 15th anniversary of the date on which the costs that are claimed in the proceeding are incurred.
Not reviewable
(4) The Attorney General's decision to commence or not to commence a proceeding under this Part is not reviewable by any court or tribunal.
Interests of the child
21. (1) The Attorney General shall consider the interests and well-being of the child in determining whether to commence a proceeding under this Part.
Notice to child
(2) If the Attorney General has reason to believe that personal records of a child may be disclosed in a proceeding under this Part, the Attorney General shall make reasonable efforts to give notice of the potential disclosure to the child and, if the child is under 16 years of age, to a parent of the child,
(a) before the commencement of the proceeding, if the Attorney General is aware of the potential disclosure of the records before the proceeding is commenced; or
(b) as soon as practicable after the Attorney General becomes aware of the potential disclosure of the records in the proceeding, if the proceeding has been commenced.
Exception, notice
(3) The Attorney General shall not give a notice mentioned in subsection (2) to a parent of the child if the Attorney General is of the opinion that to do so would not be in the interests of the child.
Notice to another person
(4) The Attorney General may give a notice mentioned in subsection (2) to any person other than the child or a parent of the child if the Attorney General considers it in the best interests of the child for the person to receive the notice.
Validity of action
(5) If the Attorney General is required to make reasonable efforts to give a notice under this section, any failure to do so after reasonable efforts are made does not invalidate any proceeding commenced under this Part and shall not provide grounds for any legal action against the Crown or any person.
Proof of sexual exploitation for commercial purposes
22. (1) In a proceeding under this Part, proof that a person was convicted, found guilty or found not criminally responsible on account of mental disorder in respect of an offence under subsection 212 (2) or (2.1) of the Criminal Code (Canada) involving a child is proof that the person has, for the purposes of financial or other gain, sexually exploited the child for commercial purposes.
Same
(2) In a proceeding under this Part, the following matters shall not be taken into consideration in determining whether, on a balance of probabilities, a person has, for the purposes of financial or other gain, sexually exploited a child for commercial purposes:
1. That the person was not charged with an offence.
2. That any charge laid against the person was withdrawn or stayed or the person was acquitted of the charge.
Not a defence
23. (1) None of the following is a defence to a proceeding under this Part and none of the following shall be taken into consideration in determining the amount that may be recovered in a proceeding under this Part:
1. That the child initiated any sexual activity or consented to engage in or be present during any sexual activity.
2. That a person other than the defendant engaged in sexual activity involving the child or should have prevented the sexual exploitation of the child.
3. That another person in addition to the defendant sexually exploited the child or facilitated the sexual exploitation of the child.
4. That the amount that would otherwise be recoverable under this Part is for costs that could be considered to arise as a result of the actions or omissions of another person or the child, or as a result of actions, omissions or events outside the control of the defendant.
Inadmissible evidence
(2) No evidence may be adduced by or on behalf of a defendant in a proceeding under this section concerning the following matters:
1. That the child has engaged in sexual activity other than the sexual exploitation of the child in which the defendant is alleged to have engaged.
2. Any matter referred to in paragraph 1, 2, 3 or 4 of subsection (1).
3. Any information contained in a personal record relating to any person other than the defendant, except to the extent the court is satisfied that the information is necessary to determine the amount recoverable in the proceeding.
Production of personal records
24. (1) Subject to subsection 29 (6), no person may be compelled in a proceeding under this Part to produce a personal record in respect of any matter referred to in subsection 23 (2) if the person seeking production of the record is not permitted to adduce evidence concerning the matter.
Personal records, child
(2) Subject to subsection 29 (6), no person may be compelled in a proceeding under this Part to produce a personal record relating to a child unless the record is necessary,
(a) to determine if the defendant for the purposes of financial or other gain sexually exploited a child for commercial purposes; or
(b) to determine the amount recoverable in the proceeding.
Protection of privacy
(3) If a personal record relating to a child is produced in a proceeding under this Part, the person producing the record and all persons to whom it is produced shall ensure the following:
1. That only the portion of the record necessary for the purposes specified in subsection (2) is produced.
2. That production of the record or portion of the record is carried out in a manner that protects the confidentiality of personal and financial information relating to individuals and safe facilities.
Use of personal record
(4) A personal record produced for the purposes described in clause (2) (a) in a proceeding under this Part may be produced in a proceeding under the Remedies for Organized Crime and Other Unlawful Activities Act, 2001 if the same person is a defendant in each proceeding.
Offence
(5) Any person who discloses personal or financial information obtained in a proceeding under this Part to any person not otherwise legally authorized to have the information 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.
Proceeding private
25. (1) Any proceeding under this Part must be held in the absence of the public and representatives of the press, radio, television and other public media.
Publication ban
(2) Except as permitted by the court, no person shall publish or broadcast in any way any information relating to the identity of a child who is a witness or otherwise involved in a proceeding under this Part or a parent of the child.
Exception
(3) Subsection (2) 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.
Disclosure by Attorney General
(4) Nothing in this Act prohibits the Attorney General from disclosing information concerning a proceeding under this Part, if the disclosure does not identify a child who is a witness or otherwise involved in the proceeding or a parent of the child.
Offence
(5) Every person who contravenes subsection (2) 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.
Records sealed
26. (1) The records of a proceeding under this Part must be sealed up with the original order or judgment, filed in the office of the court and not opened for inspection except on an order of the court.
Copies of the order
(2) Despite subsection (1), the court shall cause a certified copy of each order or judgment under this Part to be transmitted to the following persons as soon as practicable after the order or judgment is issued:
1. The defendant.
2. The defendant's legal representative.
3. The Attorney General.
4. Such other person or persons as may be required by the court or under rules prescribed by the regulations.
Special purpose account
27. (1) Money recovered by the Crown under this Act must be deposited in a separate interest bearing account in the Consolidated Revenue Fund.
Same
(2) For the purposes of the Financial Administration Act, money deposited under subsection (1) is deemed to be money paid to Ontario for a special purpose.
Payment out of account
(3) The Minister of Finance may make payments out of the account for the following purposes:
1. To compensate the Crown for costs incurred to assist children to leave situations in which they are sexually exploited for commercial purposes.
2. To compensate a Ministry or agency of the Government of Ontario, a society, a children's aid society worker, a safe facility or any person prescribed by the regulations in carrying out any action or duty required or permitted under this Act in respect of the child.
3. To provide funds for programs to prevent children from becoming sexually exploited for commercial purposes.
4. To provide funds for programs to assist children to leave situations in which they are or have been sexually exploited for commercial purposes.
5. To compensate the Crown for costs incurred in respect of any proceeding under Part II or this Part.
6. For any other purpose approved by the Attorney General and prescribed by the regulations.
Preservation of rights
28. No proceeding under this Part precludes the Crown or any person from exercising his or her rights under another Act or at common law.
PART IV
GENERAL
Personal information
29. (1) The Attorney General may collect personal information for any of the following purposes:
1. To determine whether a proceeding should be commenced under this Act.
2. To conduct a proceeding under this Act.
3. To enforce an order or judgment issued under this Act.
Manner of collection
(2) Personal information may be collected under subsection (1) directly from the individual to whom the information relates or in any other manner.
Disclosure to assist in administration
or enforcement of the law
(3) The Attorney General shall disclose information collected under subsection (1) to a law enforcement agency or another person engaged in the administration or enforcement of the law if the Attorney General is of the opinion that the disclosure would assist in the administration or enforcement of the law, would be in the public interest and would not be contrary to the interests of justice.
Obligation to disclose information
to the Attorney General
(4) Despite the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act and despite any confidentiality provision of any other Act, a person who has knowledge of personal or other information that he or she believes would be useful for a purpose described in subsection (1) shall disclose it to the Attorney General or his or her designate.
Exception
(5) Subsection (4) does not require a person to disclose information if the person believes that the disclosure would unduly interfere with the administration or enforcement of any Act of Canada or Ontario.
Evidence in proceeding
(6) Despite any confidentiality provision of any Act, a person who discloses information to the Attorney General may be required to give evidence related to that information in a proceeding under this Act.
Personal health information
(7) Despite the other provisions of this section, no person is required to disclose personal health information to the Attorney General for a purpose described in subsection (1), unless disclosure of the information is required,
(a) by an order under subsection (8); or
(b) in a proceeding or by the rules of court or a summons, order or similar requirement issued in the proceeding.
Order for disclosure
of personal health information
(8) On application by the Attorney General, the Superior Court of Justice may order a person to disclose personal health information to the Attorney General for a purpose described in subsection (1) if the court determines, after a hearing from which the public is excluded and that is held on notice to the individual to whom the information relates, that the disclosure is essential in the interests of justice.
Definitions
(9) In this section,
"health care" means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health-related purpose and includes,
(a) a service that is related to health care and that is,
(i) a personal support service, or
(ii) a community service that is described in subsection 2 (3) of the Long-Term Care Act, 1994 and provided by a service provider within the meaning of that Act,
(b) the observation, examination or assessment of an individual to determine or monitor his or her physical or mental health or well-being, and
(c) the compounding, dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription; ("soins de santé")
"health number" means the number and version code assigned to an insured person within the meaning of the Health Insurance Act by the General Manager of the Ontario Health Insurance Plan; ("numéro de la carte Santé")
"personal health information" means information or personal information relating to an individual, whether or not the information is recorded, if,
(a) it is information that,
(i) identifies the individual,
(ii) can be used or manipulated by a reasonably foreseeable method to identify the individual, or
(iii) can be linked or matched by a reasonably foreseeable method to other information that identifies the individual or that can be used or manipulated by a reasonably foreseeable method to identify the individual, and
(b) it is information that,
(i) relates to the physical or mental health or well-being of the individual,
(ii) relates to the providing of health care to the individual,
(iii) is a plan of service within the meaning of the Long-Term Care Act, 1994 for the individual,
(iv) relates to payments or eligibility for health care in respect of the individual,
(v) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any such body part or bodily substance,
(vi) is the individual's health number,
(vii) is registration information relating to the individual, or
(viii) relates to a provider of health care to the individual; ("renseignements personnels sur la santé")
"personal information" means personal information within the meaning of Part III of the Freedom of Information and Protection of Privacy Act; ("renseignements personnels")
"personal support service" means assistance with or supervision of hygiene, washing, dressing, grooming, eating, drinking, elimination, ambulation, positioning or any other routine activity of living; ("service de soutien personnel")
"registration information" means information relating to an individual that is collected or created for the purpose of registration of the individual in connection with services or benefits that a provider of health care provides to the individual and includes,
(a) the individual's name, home address and home telephone number, gender, date of birth, date of death if applicable, residency status, family association and marital status,
(b) the individual's signature or electronic or photographic image, and
(c) any identification number for the individual, other than a health number,
but does not include information about the health status of the individual or health care provided to the individual. ("renseignements en matière d'inscription")
Protection from personal liability
30. (1) No action or other proceeding may be commenced against the Attorney General, the Crown in right of Ontario or any person acting on behalf of, assisting or providing information to the Attorney General or the Crown in right of Ontario in respect of the commencement or conduct in good faith of a proceeding under this Act or in respect of the enforcement in good faith of an order made under this Act.
Same
(2) No action or other proceeding may be commenced against any person for any act done in good faith in the execution or intended execution of that person's duty under this Act or for an alleged neglect or default in the execution in good faith of that duty.
Regulations
31. (1) The Lieutenant Governor in Council may make regulations,
(a) governing the format of warrants under Part II and procedures to be followed in applying for, issuing, receiving and filing warrants of different formats;
(b) authorizing different manners of applying for a warrant under Part II, including a manner of applying other than by submitting an information on oath, and prescribing circumstances in which a particular manner of applying for a warrant may be used and any additional requirements that must be met if a particular manner of applying for a warrant is used;
(c) prescribing rules for preserving the confidentiality of documentation and records relating to applications for warrants under Part II;
(d) 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 or types of services 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 or types of services;
(e) governing standards of service to be provided under this Act;
(f) prescribing practices and procedures relating to the apprehension and confinement of children;
(g) governing notices under this Act, including the manner in which a notice is to be given, the contents of a notice, the person or persons to whom a notice must be given and circumstances in which a notice need not be given to one or more persons;
(h) governing the costs recoverable in a proceeding under Part III, the determination of the amount of the costs and the types of evidence that are admissible to prove the costs;
(i) governing the giving of evidence in a proceeding under Part II or III by a witness who is a child;
(j) prescribing anything required or permitted by this Act to be prescribed by the regulations or any thing or any person referred to in this Act as 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.
PART V
AMENDMENT TO THE
HIGHWAY TRAFFIC ACT
32. 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 driver's 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 driver's 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 driver's 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 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 driver's licence in good faith in the execution or intended execution of a duty under this section or for any incorrect information 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.
PART VI
COMMENCEMENT
AND SHORT TITLE
Commencement
33. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
34. The short title of this Act is the Rescuing Children from Sexual Exploitation Act, 2002.
