Bill S-218

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S-218

Second Session, Thirty-ninth Parliament,

56 Elizabeth II, 2007

SENATE OF CANADA

BILL S-218

An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures, in order to provide assistance and protection to victims of human trafficking

first reading, October 31, 2007

THE HONOURABLE SENATOR PHALEN

SUMMARY

This enactment amends the Immigration and Refugee Protection Act to provide for the issuance of a victim protection permit that authorizes a foreign national who is a victim of human trafficking to remain in Canada as a temporary resident. A short-term permit may be issued for up to 180 days. A longer-term permit may be issued for a period of three years if there is a serious possibility that removal from Canada would be harmful to the victim, if the victim is willing to assist authorities in the investigation or prosecution of trafficking-related offences or if the issuance of the permit is otherwise justified in the circumstances. Provision is made for holders of victim protection permits to be eligible to receive health and social services.

The enactment also requires the Minister of Health to establish within the Department of Health a telephone hotline to assist victims of human trafficking and to provide for information services in the Department’s regional offices. It also requires the Minister to develop and implement a public awareness campaign respecting human trafficking.

Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca

2nd Session, 39th Parliament,

56 Elizabeth II, 2007

senate of canada

BILL S-218

An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures, in order to provide assistance and protection to victims of human trafficking

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Protection of Victims of Human Trafficking Act.

PART 1

IMMIGRATION

Purpose

Purpose of Part

2. The purpose of this Part is to provide for specific legislative measures to assist and protect victims of human trafficking who are without legal status in Canada by

(a) providing a means for them to legalize their status as temporary residents and facilitating their eventual acquisition of permanent resident status in appropriate circumstances; and

(b) providing them with the appropriate status to access necessary health and social services.

S.C. 2001, c. 27

IMMIGRATION AND REFUGEE PROTECTION ACT

3. The Immigration and Refugee Protection Act is amended by adding the following after section 24:

Definition of “victim of human trafficking”

24.1 (1) In this section and in section 24.2, “victim of human trafficking” means a person who is recruited, transported, transferred or held, or over whose movements another person exercises control, direction or influence, by means of abduction, fraud, deception or use or threat of force or coercion for the purpose of causing them to provide, or offer to provide, labour or a service under coercive or exploitative conditions.

Short-term victim protection permit for victims of human trafficking

(2) An officer may, upon the application of a foreign national who is inadmissible or does not meet the requirements of this Act, issue a victim protection permit authorizing the foreign national to remain in Canada as a temporary resident for a period of up to 180 days if

(a) the foreign national is physically present in Canada or at a port of entry; and

(b) the officer is of the opinion that the foreign national may be, or may have been, a victim of human trafficking in, or in the course of coming into, Canada.

Eligibility for interim health benefits and authorization to work or study

(3) A foreign national who holds a victim protection permit issued under subsection (2) is

(a) eligible for benefits under the Interim Federal Health Program; and

(b) entitled to be authorized under this Act to work or study in Canada.

Victim protection permit for victims of human trafficking

24.2 (1) An officer may, upon the application of a foreign national who is inadmissible or does not meet the requirements of this Act, issue a victim protection permit authorizing the foreign national to remain in Canada as a temporary resident for a period of three years if the foreign national is physically present in Canada, or at a port of entry, and the officer is of the opinion that

(a) the foreign national is or has been a victim of human trafficking in, or in the course of coming into, Canada; and

(b) any of the following conditions is met:

(i) there is a serious possibility that the foreign national, or a member of their family, would suffer hardship, retribution or other harm if the foreign national were removed from Canada,

(ii) the foreign national has complied with, or is willing to comply with, any reasonable request for assistance in the investigation or prosecution of acts of human trafficking or related offences, or

(iii) the issuance of a victim protection permit is otherwise justified in the circumstances.

Eligibility for medical and social programs

(2) A foreign national who holds a victim protection permit issued under subsection (1) is deemed to have permanent resident status for the purposes of being eligible to receive a benefit or service under any medical or social program or program of social assistance.

Authorization to work or study

(3) A foreign national who holds a victim protection permit issued under subsection (1) is entitled to be authorized under this Act to work or study in Canada.

Eligibility for permanent resident status

(4) A foreign national who holds a victim protection permit issued under subsection (1) is a permit holder for the purposes of eligibility to become a permanent resident as a member of the permit holder class under this Act, and is not inadmissible for those purposes by virtue of any circumstance that was caused by, or incidental to, their being a victim of human trafficking.

Waiver of fees

24.3 No fee is payable for processing an application for a victim protection permit under subsection 24.1(2) or 24.2(1) or an application by the holder of a victim protection permit for authorization to work or study in Canada.

4. Subsection 29(1) of the Act is replaced by the following:

Right of temporary residents

29. (1) A temporary resident is, subject to the other provisions of this Act, authorized to enter and remain in Canada on a temporary basis as a visitor or as a holder of a temporary resident permit or a victim protection permit.

5. Paragraph (c) of section 47 of the Act is replaced by the following:

6. Subsection 94(2) of the Act is amended by adding the following after paragraph (d):

(d.1) the number of victim protection permits issued under sections 24.1 and 24.2, categorized according to grounds of inadmissibility, if any;

TRANSITIONAL PROVISIONS

Regulations

7. The Governor in Council shall make any amendments to the regulations made under the Immigration and Refugee Protection Act that are necessary in order to give effect to the purpose of this Part and to the provisions enacted by it.

PART 2

DUTIES OF MINISTER OF HEALTH

Assistance and public awareness respecting victims of human trafficking

8. The Minister of Health shall

(a) provide for the establishment and operation of a national, multilingual toll-free telephone hotline within the Department of Health to provide counseling, information and referral services to assist victims of human trafficking;

(b) provide for the necessary appointment, instruction and training of persons from among persons employed in the Department of Health to provide counseling, information and referral services to callers to the hotline;

(d) provide for the necessary appointment, instruction and training of persons, from among persons employed in the Department of Health, to provide, in its regional offices, victims of human trafficking with information and assistance, including information on and assistance in contacting relevant federal, provincial and non-governmental organizations; and

(e) develop and implement a public awareness campaign respecting human trafficking, including awareness respecting the situation of victims of human trafficking and the resources available to them.

PART 3

COMING INTO FORCE

Coming into force

9. This Act comes into force 180 days after the day on which it receives royal assent.

Published under authority of the Senate of Canada

Explanatory Notes

Immigration and Refugee Protection Act

Clause 3: New.

Clause 4: Existing text of subsection 29(1):

Clause 5: Relevant portion of section 47:

47. A foreign national loses temporary resident status

. . .