The Hospitality Sector Customer Registry Act

The Hospitality Sector Customer Registry Act, C.C.S.M. c. H115 (Assented to November 3, 2022) bilingual version (HTML) 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 HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTERPRETATION AND PURPOSE Definitions 1 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 ») Purpose of this Act 2 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. Elements of human trafficking 3(1) 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. Subject to human trafficking 3(2) 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 4 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 5(1) 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. More than one person admitted to occupy lodging 5(2) If more than one customer is admitted to occupy the same lodging, the registry keeper must enter the information for only one customer. Maintenance of information 6 A registry keeper must keep information entered in a customer registry for the prescribed period. Customer to provide identification 7 A customer must provide the prescribed identification in the following manner: (a) in the case of a hotel, to the registry keeper, at the time the customer is admitted to occupy a lodging or at another prescribed time; (b) in the case of an online accommodation platform, to the registry keeper or to the person prescribed to be acting on behalf of the registry keeper, at the time the customer is admitted to occupy a lodging or at another prescribed time; (c) in the case of any other registry keeper, to the registry keeper, at the time the customer accesses the services provided by the registry keeper or at another prescribed time. PART 3 POLICE ACCESS TO CUSTOMER REGISTRY REGISTRY ACCESS ORDER Registry access order 8(1) 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. Application requirements 8(2) An application for a registry access order may be made to a judicial justice of the peace, without notice, in the prescribed manner. When order may be made 8(3) 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. Restrictions 8(4) 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. Accounting of efforts 8(5) 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 Urgent demand for access 9(1) 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. Form of demand 9(2) An urgent demand must be in a prescribed form. Requirement to give access 9(3) 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. Identification to be shown 9(4) A member of a police service must show their identification to a registry keeper if requested to do so. Report to commanding officer 9(5) 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 10(1) 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. Order 10(2) 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. Terms and conditions 10(3) 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 11(1) A police service must prepare an annual report respecting its use of urgent demands for access to a customer registry. Contents of report 11(2) 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. Report public 11(3) 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 Restriction on use 12(1) 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 12(2) 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 13(1) 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. Authorized disclosure 13(2) 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 13(3) 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 13(4) 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 13(5) 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 14 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 15 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 . Other rights unaffected 16 This Act does not restrict any authority that a police service would otherwise have to collect any information or records. PART 5 GENERAL Offence re customer registry 17(1) 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 17(2) 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. Protection from liability 18 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. Crown bound 19 This Act binds the Crown. Regulations 20(1) 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, disclosure and retention of information and records obtained under this Act; (h) prescribing the persons who may act on behalf of a registry keeper and the duties of such persons; (i) prescribing anything referred to in this Act as being prescribed; (j) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act. Application of regulations 20(2) A regulation made under subsection (1) may be made applicable generally or to a specific registry keeper or class of registry keepers. C.C.S.M. reference 21 This Act may be referred to as chapter H115 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 22 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2022, c. 43, Schedule A came into force by proclamation on March 10, 2025.