Child Sexual Exploitation and Human Trafficking Regulation

Child Sexual Exploitation and Human Trafficking Regulation, M.R. 41/2012 The Child Sexual Exploitation and Human Trafficking Act , C.C.S.M. c. C94 Regulation 41/2012 Registered April 20, 2012 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Content of application 3 Evidence required to support application 4 Identifying information of lawyer, peace officer or designated person 5 Requested information to be provided re service 6 Distribution of copies of documentation 7 Service of protection order 8 Access to evidence 9 Considering evidence on application to set aside 10 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Child Sexual Exploitation and Human Trafficking Act . («  Loi  ») "designated person" means a person designated by the minister under subclause 3(1)⁠(b)⁠(iii) of the Act. (« personne désignée ») "guardian" means a guardian as defined in The Child and Family Services Act . (« tuteur ») "parent" means (a) the biological or adoptive mother or father of a person; or (b) a person with whom a person under 18 years of age lives and who stands in the place of his or her biological or adoptive mother or father. (« parent ») Content of application 2(1) An application for a protection order must be made in writing and must contain the following information: (a) the name of the applicant and the subject, if different; (b) the name of the respondent; (c) if the applicant has a lawyer for the purpose of the application, the lawyer's name; (d) a statement that the applicant requests a protection order under the Act; (e) the applicant's consent to the application, if the application is submitted by a lawyer, peace officer or a designated person. Additional information for application re minor 2(2) If the subject of the application is under 18 years of age, the application must also include particulars of the basis under which the applicant is making the application under clause 3(1)⁠(b) of the Act (application by parent, guardian, designated person or authorized family services entity). Evidence required to support application 3(1) An application for a protection order must be supported by a sworn document or sworn testimony that establishes the following: (a) that the respondent has engaged in child sexual exploitation or human trafficking of the subject, including particulars of the conduct in question; (b) the applicant's belief that the child sexual exploitation or human trafficking by the respondent will continue or resume; (c) whether the applicant has made a previous application for a protection order in respect of the subject that has not resulted in an order and the date when that application was made. Oral evidence to be recorded 3(2) Oral evidence adduced in support of an application for a protection order must be recorded. Additional requirements if order to expire 3(3) In addition to the requirements of subsection (1), a new application that is made when a protection order has expired or will expire within three months of the date of application must be supported by (a) a copy of the protection order that has expired or will expire; and (b) a sworn document or sworn testimony that sets out the applicant's evidence that there is a continuing need for protection. Identifying information of lawyer, peace officer or designated person 4 A lawyer, peace officer or designated person who submits an application for a protection order must provide any identifying information requested by the judicial justice of the peace, which may include the name and business or employment address of the person submitting the application, and any other information required to identify or contact him or her. Requested information to be provided re service 5 On the request of the judicial justice of the peace, the person making or submitting an application must provide any information he or she has that could assist in serving documents on the respondent. Submitting documents by telecommunication 6(1) A lawyer, peace officer or designated person submitting an application for a protection order by telecommunication must (a) provide a copy of the application and any supporting documents to the judicial justice of the peace by facsimile transmission or by delivery in another way specified by the justice; and (b) deliver the original copy of the application and supporting documents to a court office specified by the judicial justice of the peace. Providing copies of order 6(2) If a judicial justice of the peace grants a protection order, the court must ensure that the person submitting the application is given a copy of the order. Giving documents to applicant 6(3) A lawyer, peace officer or designated person who submits an application for a protection order on behalf of an applicant must give the applicant a copy of the application, all supporting documents and any protection order that is granted as soon as practicable after the application is determined. JJP to give documents to applicant 6(4) When an applicant applies for a protection order in person, the court must give the applicant a copy of the application, all supporting documents and any protection order that is granted. Order to peace officer for service 7(1) When a judicial justice of the peace grants a protection order, the court must ensure that a copy of the order and the information sheet referred to in subsection (3) are given to a peace officer to be served on the respondent. Service of protection order on respondent 7(2) A peace officer who receives a protection order and information sheet from the court must (a) serve a copy of the order and the information sheet on the respondent (i) personally, or (ii) if the respondent cannot be conveniently found, by leaving the documents with an adult at the respondent's last known home, business or employment address along with a notice stating that the documents should be forwarded or given to the respondent as soon as possible; and (b) provide proof of service satisfactory to the court. Content of information sheet 7(3) The information sheet referred to in subsection (1) must contain the following: (a) information respecting the right of the respondent to apply to the court under subsection 10(1) of the Act (application to set aside protection order) and the time limit for doing so; (b) a statement that an application by the respondent to set aside the order does not stay the operation of the order; (c) information as to how the respondent can gain access to the evidence that was given in support of the application; (d) general information about the penalties for failing to comply with the order. Access to evidence 8 The court must provide a respondent with access to the evidence that was received in support of the application involving the respondent. Considering evidence on application to set aside 9 On hearing an application to set aside a protection order, a judge of the court may, on considering the evidence that was before the judicial justice of the peace, consider it in the form in which it was recorded. Coming into force 10 This regulation comes into force on the same day that The Child Sexual Exploitation and Human Trafficking Act , S.M. 2011, c. 19, comes into force.