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4th Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 40

THE HOSPITALITY SECTOR CUSTOMER REGISTRY ACT AND AMENDMENTS TO THE CHILD AND FAMILY SERVICES ACT AND THE CHILD SEXUAL EXPLOITATION AND HUMAN TRAFFICKING ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Hospitality Sector Customer Registry Act

1

The Hospitality Sector Customer Registry Act set out in Schedule A is hereby enacted.

Child and Family Services Amendment Act

2

The Child and Family Services Amendment Act set out in Schedule B is hereby enacted.

Child Sexual Exploitation and Human Trafficking Amendment Act

3

The Child Sexual Exploitation and Human Trafficking Amendment Act set out in Schedule C is hereby enacted.

Coming into force

4(1)

Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

4(2)

The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.


SCHEDULE A

THE HOSPITALITY SECTOR CUSTOMER REGISTRY ACT

TABLE OF CONTENTS

Section

PART 1

INTERPRETATION AND PURPOSE

1    Definitions

2    Purpose of this Act

3    Elements of human trafficking

PART 2

CUSTOMER REGISTRY

4    Who must maintain a customer registry

5    Registry keeper to record information

6    Maintenance of information

7    Customer to provide identification

PART 3

POLICE ACCESS TO CUSTOMER REGISTRY

8    Registry access order

9    Urgent demand for access

10    Failure to comply with urgent demand

11    Annual report re urgent demands

PART 4

USE OF INFORMATION FROM CUSTOMER REGISTRY

12    Restriction on use

13    Disclosure of information and records limited

14    No access to privileged information

15    No limit on powers of Ombudsman or Adjudicator

16    Other rights unaffected

PART 5

GENERAL

17    Offence re customer registry

18    Protection from liability

19    Crown bound

20    Regulations

21    C.C.S.M. reference

22    Coming into force


THE HOSPITALITY SECTOR CUSTOMER REGISTRY ACT

PART 1

INTERPRETATION AND PURPOSE

Definitions

1

The following definitions apply in this Act.

"commanding officer" means

(a) the chief of a municipal police service;

(b) the commanding officer of the Royal Canadian Mounted Police in Manitoba; or

(c) the senior official in an agency or organization that is prescribed as a police service. (« chef »)

"hotel" means a hotel as defined in The Hotel Keepers Act. (« hôtel »)

"judicial justice of the peace" means a person appointed as a judicial justice of the peace under The Provincial Court Act. (« juge de paix judiciaire »)

"online accommodation platform" means, subject to the regulations, an online marketplace that enables or facilitates

(a) retail sales of lodging located in Manitoba; and

(b) the collection of payment on behalf of the person providing the lodging. (« plateforme d'hébergement en ligne »)

"person" means an individual, corporation, partnership, joint venture, syndicate, association, trust or any other entity or organization. (« personne »)

"police service" means

(a) a municipal police service;

(b) the Royal Canadian Mounted Police; or

(c) a prescribed agency or organization. (« service de police »)

"prescribed" means prescribed by regulation. (version anglaise seulement)

"registry access order" means an order made under section 8. (« ordonnance d'accès au registre »)

"registry keeper" means a person obligated to keep a customer registry under section 4. (« responsable du registre »)

"regulation" means a regulation made under this Act. (« règlement »)

"urgent demand" means an urgent demand under section 9. (« demande urgente »)

Purpose of this Act

2

The purpose of this Act is to prevent human trafficking

(a) by requiring a registry keeper to maintain a customer registry; and

(b) by authorizing police services to access customer registries to further investigations into human trafficking.

Elements of human trafficking

3(1)

A person engages in human trafficking when

(a) the person

(i) abducts, recruits, transports or harbours another person, or

(ii) exercises control, direction or influence over the movements of another person; and

(b) the person uses force, the threat of force, fraud, deception, intimidation, the abuse of power or a position of trust or the repeated provision of a controlled substance, in order to cause, compel or induce the other person

(i) to become involved in any form of sexual exploitation,

(ii) to provide forced labour or services, or

(iii) to have an organ or tissue removed.

Subject to human trafficking

3(2)

For the purpose of this Act, a person is subject to human trafficking if they are subject to the elements of human trafficking set out under subsection (1) or if the person is at imminent risk of being subject to those elements.

PART 2

CUSTOMER REGISTRY

Who must maintain a customer registry

4

A customer registry must be kept by the following:

(a) a hotel;

(b) an online accommodation platform;

(c) a prescribed person.

Registry keeper to record information

5

A registry keeper must enter the following information in the customer registry:

(a) the name of the customer as shown on the identification provided under section 7;

(b) the primary residence of the customer or, if they have no primary residence, the province, state or country in which the customer normally resides;

(c) any other prescribed information.

Maintenance of information

6

A registry keeper must keep information entered in a customer registry for the prescribed period.

Customer to provide identification

7

A customer must provide the prescribed identification to the registry keeper

(a) in the case of a hotel, at the time the customer is admitted to occupy a lodging or other prescribed time;

(b) in the case of an online accommodation platform, at the time the customer books or reserves a lodging or other prescribed time; and

(c) in the case of any other registry keeper, at the time the customer accesses the services provided by the person or other prescribed time.

PART 3

POLICE ACCESS TO CUSTOMER REGISTRY

REGISTRY ACCESS ORDER

Registry access order

8(1)

A member of a police service may apply for an order requiring a registry keeper to provide access to, and if requested, copies of, a specified portion of a customer registry if

(a) the member is conducting an investigation into human trafficking; and

(b) the specified portion of the customer registry could assist in locating or identifying a person who is subject to human trafficking.

Application requirements

8(2)

An application for a registry access order may be made to a judicial justice of the peace, without notice, in the prescribed manner.

When order may be made

8(3)

The judicial justice of the peace may make a registry access order if they are satisfied that the order could assist the police service in its attempts to locate or identify a person who is subject to human trafficking.

Restrictions

8(4)

The judicial justice of the peace may impose any restrictions or limits on access to the specified portion of the customer registry that they consider appropriate.

Accounting of efforts

8(5)

The judicial justice of the peace may include a provision in a registry access order requiring a registry keeper to provide a member of the police service with an accounting of the efforts made by the registry keeper to locate any portion of the customer registry that cannot be found.

URGENT DEMANDS

Urgent demand for access

9(1)

If a member of a police service has reasonable grounds to believe that

(a) a person is subject to human trafficking and is at risk of imminent serious bodily harm or death;

(b) immediate access to a specified portion of a customer registry could assist the police service in locating the person before they suffer any harm; and

(c) it is not practicable to obtain a registry access order, given the urgency of the circumstances;

the member of the police service may serve a written demand on a registry keeper requiring the registry keeper to provide access to the specified portion of the customer registry.

Form of demand

9(2)

An urgent demand must be in a prescribed form.

Requirement to give access

9(3)

If a registry keeper is served with an urgent demand, the registry keeper must immediately

(a) give a member of the police service access to the portion of the customer registry specified in the demand; and

(b) if requested by a member of the police service, provide copies of the specified portion of the customer registry.

Identification to be shown

9(4)

A member of a police service must show their identification to a registry keeper if requested to do so.

Report to commanding officer

9(5)

When a member of a police service serves an urgent demand on a registry keeper, the member must file a written report with their commanding officer that sets out the circumstances in which the demand was made.

Failure to comply with urgent demand

10(1)

If a registry keeper does not comply with an urgent demand, a member of the police service may apply to a judicial justice of the peace for an order directing the registry keeper to comply with the demand.

Order

10(2)

The judicial justice of the peace may make an order requiring the registry keeper to comply with a demand to access a specified portion of the customer registry if they are satisfied that

(a) the specified portion of the registry is in the possession or under the control of the registry keeper; and

(b) the making of the order may assist the police service in locating or identifying a person who is subject to human trafficking.

Terms and conditions

10(3)

An order under this section may be subject to any terms or conditions that the judicial justice of the peace considers appropriate in the circumstances.

Annual report re urgent demands

11(1)

A police service must prepare an annual report respecting its use of urgent demands for access to a customer registry.

Contents of report

11(2)

The report must

(a) indicate the number of urgent demands that were made in that year and the total number of registry keepers who were served with a demand in that year; and

(b) contain prescribed information respecting each demand.

Report public

11(3)

The police service must

(a) provide the annual report to a government official designated by the minister responsible for the administration of this Act; and

(b) make the annual report available to the public in a prescribed manner.

PART 4

USE OF INFORMATION FROM CUSTOMER REGISTRY

Restriction on use

12(1)

Despite section 43 of The Freedom of Information and Protection of Privacy Act, a police service may use information and records obtained under this Act only for

(a) the purpose of locating or identifying a person who is subject to human trafficking; or

(b) a purpose for which the information may be disclosed under section 13.

No restriction on criminal investigations

12(2)

If an investigation into human trafficking becomes a criminal investigation, this section does not prevent information and records obtained by a police service under this Act from being used in the criminal investigation.

Disclosure of information and records limited

13(1)

Any information or records obtained by a police service under this Act are confidential and may not be disclosed except in accordance with this section.

Authorized disclosure

13(2)

Despite section 44 of The Freedom of Information and Protection of Privacy Act and section 3 of The Protecting and Supporting Children (Information Sharing) Act, information or records obtained by a police service under this Act may be disclosed only

(a) for the purpose of locating or identifying a person who is subject to human trafficking or a use consistent with that purpose;

(b) when required by law;

(c) to another law enforcement agency in Canada or a law enforcement agency in another country under an arrangement, written agreement, treaty or legislative authority, but only to the extent necessary to further an investigation into human trafficking;

(d) if the person the information or records are about has consented to the disclosure; or

(e) in accordance with subsection (3) or (4).

Authorized release of information

13(3)

For the purpose of furthering an investigation into human trafficking, a police service may release information obtained under this Act through a media release, by posting the information on a website or in any other manner the police service considers appropriate.

Disclosure to coordinate investigations

13(4)

A police service may disclose information and records obtained under this Act to other police services, law enforcement agencies or government departments or agencies, to the extent necessary to coordinate investigations and other activities respecting human trafficking.

Application to criminal investigation

13(5)

If an investigation into human trafficking becomes a criminal investigation, this section does not prevent the disclosure of information and records obtained under this Act for the purpose of the criminal investigation.

No access to privileged information

14

Nothing in this Act compels the disclosure of any information or records that are subject to any type of legal privilege.

No limit on powers of Ombudsman or Adjudicator

15

Nothing in this Act is to be construed as limiting the powers and duties of the Ombudsman or the Information and Privacy Adjudicator under The Freedom of Information and Protection of Privacy Act.

Other rights unaffected

16

This Act does not restrict any authority that a police service would otherwise have to collect any information or records.

PART 5

GENERAL

Offence re customer registry

17(1)

A person who contravenes section 4, 5, 6 or 7 is guilty of an offence and is liable on conviction

(a) in the case of an individual,

(i) for a first offence, to a fine of not more than $5,000, and

(ii) for each subsequent offence, to a fine of not more than $10,000; and

(b) in the case of a corporation,

(i) for a first offence, to a fine of not more than $25,000, and

(ii) for each subsequent offence, to a fine of not more than $100,000.

Unauthorized use or disclosure of information

17(2)

A person who wilfully contravenes section 12 or 13 is guilty of an offence and is liable on conviction to a fine of not more than $10,000.

Protection from liability

18

No action or proceeding may be brought against a member of a police service for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

Crown bound

19

This Act binds the Crown.

Regulations

20(1)

The Lieutenant Governor in Council may make regulations

(a) clarifying, extending or limiting the meaning of "online accommodation platform";

(b) respecting customer registries, including the form or content of customer registries or the manner in which a registry is to be prepared or maintained;

(c) respecting applications for registry access orders;

(d) respecting reports under subsection 9(5);

(e) respecting applications for orders under section 10;

(f) respecting the service of orders under this Act;

(g) respecting the collection, use and retention of information and records obtained under this Act;

(h) prescribing anything referred to in this Act as being prescribed;

(i) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

Application of regulations

20(2)

A regulation made under subsection (1) may be made applicable generally or to a specific registry keeper or class of registry keepers.

C.C.S.M. reference

21

This Act may be referred to as chapter H115 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

22

This Act comes into force on a day to be fixed by proclamation.


SCHEDULE B

THE CHILD AND FAMILY SERVICES AMENDMENT ACT

C.C.S.M. c. C80 amended

1

The Child and Family Services Act is amended by this Act.

2

Subsection 1(1) is amended by adding the following definition:

"conveyance" includes

(a) a motor vehicle or trailer as defined in subsection 1(1) of The Highway Traffic Act,

(b) an off-road vehicle as defined in The Off-Road Vehicles Act,

(c) a vessel as defined in the Canada Shipping Act, 2001 (Canada), and

(d) an aircraft; (« moyen de transport »)

3

Section 20 is replaced with the following:

Application for order not to contact child

20(1)

An agency may apply for an order under this section if the agency has reasonable grounds to believe that contact between a child and a person causes or is likely to cause the child to need protection.

Notice of application

20(2)

At least two days before the date set for hearing the application, the agency must give notice of the time, date and place of the hearing to the following:

(a) the person against whom the order is sought;

(b) the parents or guardian of the child;

(c) the child if the child is 12 years of age or older;

(d) the agency serving the appropriate Indian band if the agency making the application has reason to believe that the child is registered as an Indian under the Indian Act (Canada);

(e) any other person that the court directs.

Party to the hearing

20(3)

If a person entitled to notice under subsection (2) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.

Judge may issue order

20(4)

Upon completion of the hearing, a judge may make an order under this section if satisfied that there are reasonable grounds to believe that contact between a child and a person causes or is likely to cause the child to need protection.

Content of order

20(5)

A judge may make an order that does one or more of the following:

(a) prohibit the person for a period of up to 12 months from contacting or interfering with or trying to contact or interfere with the child or from entering any premises the child attends or boarding any conveyance that transports the child;

(b) prohibit the person for a period of up to 12 months from residing with the child or from entering any premises or conveyance where the child resides, including any premises or conveyance that the person owns or has a right to occupy;

(c) if the judge is of the opinion that the person may not comply with an order under clause (a) or (b), order the person to

(i) enter into a recognizance without sureties or with sureties in an amount the judge thinks necessary and reasonable,

(ii) report to the court or to a person named by the court for the period of time and at the times and places the court thinks necessary and reasonable, or

(iii) produce to the court or to a person named by the court, any documents as the court thinks fit.

The order may include any terms necessary to implement an order under clause (a), (b) or (c).

Variation

20(6)

Before an order expires, the agency or the person against whom the order was made may apply to the court and the court may do one or more of the following:

(a) vary the order;

(b) terminate the order;

(c) shorten the period of the order;

(d) extend the period of the order for one period of up to six months.

Assistance of peace officer

20(7)

At the request of an agency, a peace officer must assist in enforcing an order under this section.

Interim order

20(8)

The court may make an interim order with respect to an application under this section, and the provisions of this section apply, with necessary changes, to the interim order.

Order may be made at any time

20(9)

An order under this section may be made at any time, including before, at or after a protection hearing under subsection 27(1) or other hearing.

Offence

20(10)

Any person who violates the provisions of an order made under this section is guilty of an offence and is liable on conviction to a fine of not more than $50,000 or imprisonment for a term of not more than 24 months, or both.

4

Section 52 is repealed.

Transitional

5(1)

In this section, "former Act" means The Child and Family Services Act as it read immediately before the coming into force of this section.

Application commenced under former Act

5(2)

An application that was commenced under section 20 of the former Act before the coming into force of this section is to proceed in accordance with the former Act.

Order made under former Act

5(3)

If an order made under section 20 of the former Act is in effect on the day this section comes into force, it continues in effect until the order expires or is terminated.

Coming into force

6

This Act comes into force on the day it receives royal assent.


SCHEDULE C

THE CHILD SEXUAL EXPLOITATION AND HUMAN TRAFFICKING AMENDMENT ACT

C.C.S.M. c. C94 amended

1

The Child Sexual Exploitation and Human Trafficking Act is amended by this Act.

2

Subclause 1(3)(b)(i) is replaced with the following:

(i) to become involved in any form of sexual exploitation,

3

The following is added after section 17:

PART 2.1

DUTY TO REPORT HUMAN TRAFFICKING

Definitions

17.1

The following definitions apply in this Part.

"hotel" means a hotel as defined in The Hotel Keepers Act. (« hôtel »)

"online accommodation platform" means, subject to the regulations, an online marketplace that enables or facilitates

(a) retail sales of lodging located in Manitoba; and

(b) the collection of payment on behalf of the person providing the lodging. (« plateforme d'hébergement en ligne »)

"person" means an individual, corporation, partnership, joint venture, syndicate, association, trust or any other entity or organization. (« personne »)

"police service" means

(a) a municipal police service;

(b) the Royal Canadian Mounted Police; or

(c) an agency or organization prescribed by regulation. (« service de police »)

"vehicle for hire" means a vehicle for hire as defined in The Local Vehicles for Hire Act. (« véhicule avec chauffeur »)

Duty to report — application

17.2(1)

This section applies to the following:

(a) a hotel;

(b) an online accommodation platform;

(c) a driver of a vehicle for hire;

(d) a person prescribed by regulation.

Duty to report to police service

17.2(2)

If a person to whom this section applies reasonably believes that another person is subject to human trafficking, the person must immediately report the belief and the information on which it is based to a police service.

4

The following is added after clause 22(f):

(f.1) clarifying, extending or limiting the meaning of "online accommodation platform";

Coming into force

5

This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill enacts The Hospitality Sector Customer Registry Act and amends The Child and Family Services Act and The Child Sexual Exploitation and Human Trafficking Act.

Schedule A — The Hospitality Sector Customer Registry Act

This Act requires hotels, online accommodation platforms and other persons prescribed by regulation to record information about their customers, including a customer's name and primary residence.

A police service may access this information to further an investigation into human trafficking by obtaining a court order or by issuing an urgent demand.

Information collected by a police service from a customer registry is confidential and may be disclosed only in specified circumstances.

Schedule B — The Child and Family Services Amendment Act

The Child and Family Services Act is amended to broaden the circumstances in which an agency can apply for an order that prohibits a person from contacting or residing with a child. The court also has the authority to order other protections, including

prohibiting a person from interfering with a child;

prohibiting a person from entering any premises the child attends or boarding a vehicle that transports the child; and

imposing any other condition the court believes is necessary.

As a result, the prohibition on the interference with children in care is repealed.

Schedule C — The Child Sexual Exploitation and Human Trafficking Amendment Act

The Child Sexual Exploitation and Human Trafficking Act is amended to require hotels, online accommodation platforms, drivers of vehicles for hire and other persons to report human trafficking to a police service if they reasonably believe another person is subject to human trafficking.