21a21b Anti-Human Trafficking Strategy Act, 2021, S.O. 2021, c. 21, Sched. 2 Ont.

Current to 2022-07-27 · last amended 2021-06-03

Contents

Definitions

s. 1 — Definitions

In this Act,

s. 1 — human trafficking

“human trafficking” means conduct described in sections 279.01, 279.011, 279.02 and 279.03 of the Criminal Code (Canada), without regard to the interpretive rules set out in section 279.04 of that Act; (“traite des personnes”)

s. 1 — Minister

“Minister” means the Minister of Children, Community and Social Services or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act. (“ministre”)

Anti-Human Trafficking Strategy

s. 2 — Strategy

(1) The Government of Ontario shall maintain an anti-human trafficking strategy that aims to end human trafficking in Ontario and support persons who have experienced human trafficking.

s. 2(2) — Content of strategy

The strategy shall include initiatives to achieve the aims referred to in subsection (1) and address any other related matters the Minister considers appropriate.

s. 3 — Periodic reporting

The Minister shall periodically publish reports on the actions taken as part of the strategy.

s. 4 — Review of the strategy

(1) The anti-human trafficking strategy shall be reviewed at least every five years.

s. 4(2) — Principles

In reviewing the strategy, the Government of Ontario shall have regard to the paramount principles set out in subsection 5 (1) and the additional principles set out in subsection 5 (2).

s. 4(3) — Consultation

As part of the review, the Minister shall,

s. 4(3)(a)

inform the public that the strategy is being reviewed and solicit the views of the public with respect to the strategy; and

s. 4(3)(b)

consult, in the manner the Minister considers appropriate, with such community organizations, individuals, other levels of government and stakeholders as the Minister considers appropriate.

s. 4(4) — Same

The Minister shall ensure that persons who have experienced human trafficking and members and representatives of communities that are most adversely impacted by human trafficking are consulted as part of the review, including:

s. 4(4)(1)

Racialized groups, including Indigenous and Black communities and organizations.

s. 4(4)(2)

Sex workers and sex worker advocates.

s. 4(4)(3)

Individuals and organizations involved in the protection of civil liberties.

s. 4(4)(4)

Individuals and organizations involved in public safety, health care provision and other areas relevant to supporting persons with lived experience in human trafficking.

s. 4(5) — Amendment of the strategy

After a review is completed, the Government of Ontario shall do one of the following:

s. 4(5)(1)

Amend the strategy.

s. 4(5)(2)

Replace the strategy with a new one.

s. 4(5)(3)

Continue the existing strategy.

s. 4(6) — Publication

The Minister shall publish on a Government of Ontario website the anti-human trafficking strategy, as amended, replaced or continued under subsection (5).

s. 5 — Principles

(1) The following are the paramount principles referred to in subsection 4 (2):

s. 5(1)(1) — Human rights-based

Promoting and protecting human rights are foundational to an effective strategy.

s. 5(1)(2) — Survivor-centred

It is foundational to the strategy’s success that people with lived experiences of human trafficking be empowered and that their expertise be recognized.

s. 5(2) — Additional principles

The following are the additional principles referred to in subsection 4 (2):

s. 5(2)(1) — Collective responsibility

All communities and all levels of government have a collective responsibility to take action and work collaboratively to end human trafficking and support survivors.

s. 5(2)(2) — Intersectionality

Race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status and disability may intersect and may impact whether and how a person experiences and recovers from human trafficking.

s. 5(2)(3) — Cultural responsiveness

Access to safe, culturally-responsive and respectful services, including for Indigenous individuals and communities, supports the strategy’s success.

s. 5(2)(4) — Prevention

To achieve the strategy’s aims, efforts are required to address the root causes of human trafficking and the factors that result in children and other persons being at higher risk of being trafficked.

s. 5(2)(5) — Trauma-informed

Supports provided across service systems over the course of survivors’ lives should be informed by the complexity and pervasiveness of trauma and the risk of re-traumatization.

s. 5(2)(6) — Informed by evidence

Decisions should be guided by diverse sources of evidence, including survivors’ experiences, promising practices and traditional Indigenous knowledge.

s. 5(2)(7) — Sustainability and agility

A sustainable and agile approach is necessary to adapt to the changing nature of human trafficking and to achieve the strategy’s aims.

s. 11 — Crown bound

This Act binds the Crown.

s. 12

Omitted (provides for coming into force of provisions of this Act).

s. 13

Omitted (enacts short title of this Act).