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Decentralized Democracy

Ontario Assembly Bill

Ontario Bill 41

43rd Parl. 1st Sess.
December 04, 2023
Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2023
  • This is a summary of Bill 41, which has been enacted as Chapter 16 of the Statutes of Ontario in 2023. The bill amends the Consumer Reporting Act and the Prevention of and Remedies for Human Trafficking Act, 2017. The Consumer Reporting Act is amended to prohibit the inclusion of information about coerced debts in consumer reports. The Prevention of and Remedies for Human Trafficking Act, 2017 is amended to add a new Part IV, which introduces the concept of coerced debts. Coerced debts are debts incurred as a result of the debtor being subjected to human trafficking. The new provisions in Part IV prohibit the collection of coerced debts and prohibit entities from considering them when deciding whether to provide credit services or products to the debtor. In case of a dispute between a creditor and a debtor regarding whether a debt is coerced, either party can apply to a prescribed individual or group of individuals for a determination. The bill also includes regulations that govern the application of these provisions and the criteria for establishing coerced debts. The Crown is bound by these provisions. The Act comes into force on a date to be determined by the Lieutenant Governor and is titled the Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2023.
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SteelmanSpren in Favour

  • One steelman argument in favor of this Explanatory Note is that it provides clarity and guidance to readers of Bill 41. By explicitly stating that the Explanatory Note does not form part of the law, it ensures that readers understand the distinction between the explanatory information and the actual legislation. This can help prevent confusion and misinterpretation of the law. Additionally, the inclusion of the Explanatory Note demonstrates transparency and accountability in the legislative process. By providing a clear explanation of the amendments made by Bill 41, it allows the public to understand the purpose and impact of the legislation. This promotes an open and informed democratic process, as citizens can assess and evaluate the changes being made to the Consumer Reporting Act and the Prevention of and Remedies for Human Trafficking Act, 2017. Furthermore, the Explanatory Note serves as a useful reference tool for individuals who are interested in understanding the specific amendments made by Bill 41. It provides a concise summary of the changes, making it easier for readers to navigate and comprehend the legislation. This can be particularly beneficial for legal professionals, researchers, and other stakeholders who need to quickly grasp the key provisions of the law. Overall, the inclusion of this Explanatory Note in Bill 41 enhances transparency, clarity, and accessibility, thereby facilitating a better understanding of the legislation and promoting informed public discourse.

SteelmanSpren Against

  • Steelman Argument Opposing Bill 41: Bill 41, the Protection from Coerced Debts Incurred in relation to Human Trafficking Act, 2023, may seem well-intentioned, but it raises concerns from a right-wing anti-government perspective. Here are some key points to consider: 1. Government Overreach: This bill represents yet another instance of government interference in the private sector. By amending the Consumer Reporting Act and the Prevention of and Remedies for Human Trafficking Act, the government is expanding its control over the economy and infringing on the rights of businesses and individuals to make their own decisions. 2. Unnecessary Regulation: The existing laws already address human trafficking and its prevention. Adding a new Part IV to the Prevention of and Remedies for Human Trafficking Act, specifically targeting coerced debts, is redundant and creates unnecessary bureaucracy. It is the responsibility of law enforcement agencies to investigate and prosecute human trafficking cases, not to regulate debts incurred as a result of such activities. 3. Potential for Abuse: While the intention behind this bill is to protect victims of human trafficking, it opens the door for potential abuse and misuse. The determination of whether a debt is coerced or not is subjective and can be easily manipulated. This could lead to false claims and unjust consequences for creditors who may be wrongly accused of collecting coerced debts. 4. Negative Impact on Credit Services: Prohibiting the collection of coerced debts and preventing credit service providers from considering such debts when determining creditworthiness could have unintended consequences. It may discourage lenders from providing credit services altogether, as they may fear legal repercussions or financial losses. This could limit access to credit for individuals who genuinely need it, including those who have no connection to human trafficking. 5. Burden on Taxpayers: The implementation and enforcement of this bill will require additional resources and funding. Taxpayers will bear the burden of these costs, which could be better allocated to other pressing issues such as law enforcement efforts to combat human trafficking directly. In conclusion, while the goal of protecting victims of human trafficking is commendable, Bill 41 represents government overreach, unnecessary regulation, potential for abuse, negative impact on credit services, and an additional burden on taxpayers. It is important to consider alternative approaches that address the issue of human trafficking without infringing on individual liberties and impeding economic freedom.
Royal Assent
  • Dec. 4, 2023, noon
  • Read
Third Reading
  • Nov. 29, 2023, noon
  • Passed
Second Reading
  • Sept. 25, 2023, noon
  • Passed
First Reading
  • Nov. 16, 2022, midnight
  • Passed