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Rescuing Children from Sexual Exploitation Act, 2002
S.O. 2002, Chapter 5
Note: This Act was repealed on December 31, 2012. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006– December 31, 2012.
Note: THIS ACT IS NOT YET IN FORCE.It comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 2002, c.5, s.33.
Last amendment: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2012.
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CONTENTS
PART IINTERPRETATION
1. / Purpose
2. / Definitions
PART II
RESCUING CHILDREN FROM SEXUAL EXPLOITATION
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
RECOVERY OF COSTS
20. / Right to recover
21. / Interests of the child
22. / Proof of sexual exploitation for commercial purposes
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
GENERAL
29. / Personal information
30. / Protection from personal liability
31. / Regulations
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. 2002, c.5, s.1(1).
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. 2002, c.5, s.1(2).
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). 2002, c.5, s.1(3).
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”) 2002, c.5, s.2.
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”) 2002, c.5, s.3.
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. 2002, c.5, s.4(1).
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. 2002, c.5, s.4(2).
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. 2002, c.5, s.4(3).
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. 2002, c.5, s.4(4).
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. 2002, c.5, s.4(5).
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. 2002, c.5, s.4(6).
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. 2002, c.5, s.5(1).
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. 2002, c.5, s.5(2).
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. 2002, c.5, s.6.
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. 2002, c.5, s.7(1).
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. 2002, c.5, s.7(2).
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. 2002, c.5, s.7(3).
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. 2002, c.5, s.7(4).
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. 2002, c.5, s.8(1).
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. 2002, c.5, s.8(2).
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. 2002, c.5, s.9(1).
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. 2002, c.5, s.9(2).
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. 2002, c.5, s.9(3).
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. 2002, c.5, s.9(4).
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. 2002, c.5, s.10(1).
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. 2002, c.5, s.10(2).
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. 2002, c.5, s.10(3).
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. 2002, c.5, s.10(4).
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. 2002, c.5, s.10(5).
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. 2002, c.5, s.10(6).
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. 2002, c.5, s.11(1).
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. 2002, c.5, s.11(2).
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. 2002, c.5, s.11(3).
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. 2002, c.5, s.11(4).
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. 2002, c.5, s.12(1).
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. 2002, c.5, s.12(2).
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. 2002, c.5, s.13.
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. 2002, c.5, s.14(1).
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. 2002, c.5, s.14(2).
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. 2002, c.5, s.14(3).
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. 2002, c.5, s.14(4).
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. 2002, c.5, s.14(5).
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. 2002, c.5, s.15(1).
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. 2002, c.5, s.15(2).
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. 2002, c.5, s.16(1).
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. 2002, c.5, s.16(2).
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. 2002, c.5, s.17.
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. 2002, c.5, s.18(1).
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. 2002, c.5, s.18(2).
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. 2002, c.5, s.19.
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,