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
The Hospitality Sector Customer Registry Act set out in Schedule A is hereby enacted.
Child and Family Services Amendment Act
The Child and Family Services Amendment Act set out in Schedule B is hereby enacted.
Child Sexual Exploitation and Human Trafficking Amendment Act
The Child Sexual Exploitation and Human Trafficking Amendment Act set out in Schedule C is hereby enacted.
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Coming into force of Schedules
The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.
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
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 »)
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.
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.
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
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
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.
A registry keeper must keep information entered in a customer registry for the prescribed period.
Customer to provide identification
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
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.
An application for a registry access order may be made to a judicial justice of the peace, without notice, in the prescribed manner.
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.
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.
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
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.
An urgent demand must be in a prescribed form.
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.
A member of a police service must show their identification to a registry keeper if requested to do so.
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
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.
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.
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
A police service must prepare an annual report respecting its use of urgent demands for access to a customer registry.
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.
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
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
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
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.
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
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
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
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
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
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.
This Act does not restrict any authority that a police service would otherwise have to collect any information or records.
PART 5
GENERAL
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
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.
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.
This Act binds the Crown.
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.
A regulation made under subsection (1) may be made applicable generally or to a specific registry keeper or class of registry keepers.
This Act may be referred to as chapter H115 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.
THE CHILD AND FAMILY SERVICES AMENDMENT ACT
The Child and Family Services Act is amended by this Act.
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 »)
Section 20 is replaced with the following:
Application for order not to contact child
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.
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.
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.
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.
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).
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.
At the request of an agency, a peace officer must assist in enforcing an order under this section.
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.
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.
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.
Section 52 is repealed.
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
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.
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.
This Act comes into force on the day it receives royal assent.
THE CHILD SEXUAL EXPLOITATION AND HUMAN TRAFFICKING AMENDMENT ACT
The Child Sexual Exploitation and Human Trafficking Act is amended by this Act.
Subclause 1(3)(b)(i) is replaced with the following:
(i) to become involved in any form of sexual exploitation,
The following is added after section 17:
PART 2.1
DUTY TO REPORT HUMAN TRAFFICKING
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 »)
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
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.
The following is added after clause 22(f):
(f.1) clarifying, extending or limiting the meaning of "online accommodation platform";
This Act comes into force on the day it receives royal assent.