BILL NO. 117

1st Session, 57th General Assembly
Nova Scotia
47-48 Elizabeth II, 1998-99

Private Member's Bill

Protection of Children in Prostitution Act

Jamie Muir
Truro-Bible Hill

First Reading: June 10, 1999

Second Reading:

Third Reading:

WHEREAS the safety, security and well being of children and families is a paramount concern to all Nova Scotians;

AND WHEREAS children engaged in prostitution are victims of sexual abuse and require protection;

AND WHEREAS it is the responsibility of families, communities and the Government of Nova Scotia to provide that protection;

AND WHEREAS families and communities must be assisted in providing that protection;

AND WHEREAS the safety of all children must be ensured;

AND WHEREAS children must be assisted in ending their involvement with prostitution;

THEREFORE be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Protection of Children in Prostitution Act.

2 (1) In this Act,

(a) "agency" means an agency within the meaning of the Children and Family Services Act, or an agent thereof;

(b) "child" means a person under the age of nineteen years;

(c) "Court" means the Family Court;

(d) "guardian" means a parent or guardian within the meaning of the Children and Family Services Act;

(e) "Minister" means the Minister of Community Services;

(f) "peace officer" means a peace officer within the meaning of the Children and Family Services Act;

(g) "protective safe house" means premises prescribed by the Minister as a protective safe house.

(2) For the purpose of this Act a child is in need of protection if the child is engaging in prostitution or attempting to engage in prostitution.

3 (1) Where a peace officer or agency believes on reasonable and probable grounds that a person is a child and is in need of protection, the peace officer or agency may apply to a judge of the Court or to a justice of the peace for an order

(a) authorizing the peace officer or agency to apprehend and convey the child to the child's guardian or to an adult who, in the opinion of the peace officer or agency, is a responsible adult who has care and control of the child; or

(b) authorizing the peace officer or agency to apprehend and convey the child to a protective safe house and authorizing an agency to confine the child for up to seventy-two hours to ensure the safety of the child and to assess the child,

and, where the judge of the Court or justice of the peace is satisfied that the child may be found in a place or premises, the judge of the Court or justice of the peace may authorize the peace officer or agency to enter, by force if necessary, that place or premises to search for and apprehend the child.

(2) Where, in the opinion of the peace officer or agency, it would be impracticable to appear personally before a judge of the Court or justice of the peace to apply for an order in accordance with subsection (1), the peace officer or agency may make the application by telephone or other means of telecommunication to a judge of the Court or justice of the peace.

(3) The information on which an application for an order by telephone or other means of telecommunication is based shall be given on oath and shall be recorded verbatim by the judge of the Court or justice of the peace who, as soon as practicable, shall cause the record or a transcription of the record, certified by the judge of the Court or the justice of the peace as to time, date and contents, to be filed with the clerk of the Court.

(4) For the purpose of subsection (3), an oath may be administered by telephone or other means of telecommunication.

(5) The information submitted by telephone or other means of telecommunication shall include the following:

(a) a statement of the circumstances that make it impracticable for the peace officer or agency to appear personally before a judge of the Court or a justice of the peace;

(b) the identity of the child, if known;

(c) a statement setting out the peace officer's or agency's grounds for believing that the person is a child and is in need of protection; and

(d) a statement as to any prior application for an order under this Section in respect of the same child of which the peace officer or agency has knowledge.

(6) A judge of the Court or justice of the peace referred to in subsection (2) who is satisfied that an application made by telephone or other means of telecommunication

(a) is based on information that conforms to the requirements of subsection (5); and

(b) discloses reasonable grounds for dispensing with personal appearance for the purpose of making an application under subsection (1),

may make an order conferring the same authority respecting apprehension, conveying, confinement and entry as may be conferred pursuant to subsection (1).

(7) Where a judge of the Court or justice of the peace makes an order pursuant to subsection (6),

(a) the judge of the Court or justice of the peace shall complete and sign an order in the prescribed form, noting on its face the time, date and place at which it was made;

(b) the peace officer or agency, on the direction of the judge of the Court or justice of the peace, shall complete, in duplicate, a facsimile of the order in the prescribed form, noting on its face the name of the judge of the Court or justice of the peace making the order and the time, date and place at which it was made; and

(c) the judge of the Court or justice of the peace shall, as soon as practicable after the order has been made, cause the order to be filed with the clerk of the Court, who shall provide a copy to an agency.

(8) An order made by telephone or other means of telecommunication is not subject to challenge by reason only that the circumstances were not such as to make it reasonable to dispense with personal appearance for the purpose of making an application pursuant to subsection (1).

4 (1) Notwithstanding Section 3, where a peace officer or agency has reasonable and probable grounds to believe that a person is a child and that the child's life or safety is seriously and imminently endangered because the child is engaging in prostitution or attempting to engage in prostitution, the peace officer or agency may apprehend and convey the child to a protective safe house without an order.

(2) An agency may confine a child conveyed to a protective safe house pursuant to subsection (1) if the agency considers it necessary in order to ensure the safety of the child and to assess the child.

(3) Where subsection (1) applies, a peace officer or agency who has reasonable and probable grounds to believe that the child may be found in a place or premises may, without an order and by force if necessary, enter that place or those premises and search for the child.

(4) Where an agency confines a child pursuant to subsection (2), the agency shall appear before the Court within three days of the commencement of the confinement to show cause why the confinement was necessary.

5 (1) Where a child is apprehended pursuant to Section 3 or 4,

(a) a peace officer that apprehends the child shall notify an agency forthwith; and

(b) subject to subsection (2), on the child's being conveyed to a protective safe house, an agency shall

(2) Where a child is confined and is neither returned pursuant to subclause (1)(b)(i) nor released pursuant to subclause (1)(b)(ii) within three days after the apprehension pursuant to Section 3 or 4, an agency shall apply to the Court pursuant to Section 32 of the Children and Family Services Act to determine whether the child is in need of protective services or for an order returning the child to the custody of the child's guardian.

(3) Where an agency makes an application pursuant to subsection (2), the child is deemed to have been taken into care pursuant to the Children and Family Services Act.

6 (1) Where a child has been apprehended and conveyed to a protective safe house, an agency shall notify the guardian of the child forthwith

(a) that the child has been apprehended; and

(b) of the intention, if any, of the agency to confine the child pursuant to Section 5(1)(b)(iii).

(2) Notice pursuant to subsection (1) may be by any method and may be oral or in writing.

(3) The validity of proceedings under this Act is not affected by the agency's inability, after reasonable effort, to give notice in accordance with this Section.

7 Where a child has been apprehended and conveyed to a protective safe house, an agency has exclusive custody of the child and is responsible for the child's care, maintenance and well being while the child is confined in the protective safe house.

8 (1) Where a child is confined pursuant to this Act and an agency has reasonable and probable grounds to believe that a person

(a) has physically or emotionally injured or sexually abused or is likely to physically or emotionally injure or sexually abuse the child within the meaning of the Children and Family Services Act; or

(b) has encouraged or is likely to encourage the child to engage in prostitution,

the agency may apply by originating notice to the Supreme Court of Nova Scotia for an order restraining that person from contacting the child or associating in any way with the child.

(2) Where a child is participating voluntarily in a program to assist the child in ending involvement in prostitution and the child or the child's guardian has reasonable and probable grounds to believe that a person

(a) has physically or emotionally injured or sexually abused or is likely to physically or emotionally injure or sexually abuse the child within the meaning of the Children and Family Services Act; or

(b) has encouraged or is likely to encourage the child to engage in prostitution,

the child or the child's guardian may apply by originating notice to the Supreme Court of Nova Scotia for an order restraining that person from contacting the child or associating in any way with the child.

9 The Minister may establish programs that in the opinion of the Minister are necessary to assist children in ending their involvement in prostitution.

10 (1) The Governor in Council may make regulations

(a) respecting the rules to be followed in a proceeding before the Court pursuant to this Act;

(b) respecting the forms, including notices, to be used in any application made to the Court pursuant to this Act;

(c) defining any word or expression used but not defined in this Act;

(d) respecting any matter or thing the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The Minister may make regulations

(a) prescribing premises as protective safe houses;

(b) respecting assessment of children in need of protection.

(3) The exercise by the Governor in Council or the Minister of the authority contained in this Section is regulations within the meaning of the Regulations Act.

11 Any person who

(a) wilfully causes a child to be a child in need of protection; or

(b) obstructs or interferes with, or attempts to obstruct or interfere with, an agency or a peace officer exercising any power or duty under this Act

is guilty of an offence and liable on summary conviction to a fine of not more than twenty-five thousand dollars or to imprisonment for a period of not more than twenty-four months, or to both a fine and imprisonment.

12 Subsection 22(2) of Chapter 5 of the Acts of 1990, the Children and Family Services Act, as amended by Chapter 10 of the Acts of 1996, is further amended by adding immediately after clause (d) the following clause:

13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.