17 (1) In an action under section 16, the court may, (a)  award damages to the plaintiff, including general, special, aggravated and punitive damages; (b)  order the defendant to account to the plaintiff for any profits that have accrued to the defendant as a result of the human trafficking; (c)  issue an injunction on such terms and with such conditions as the court determines appropriate in the circumstances; and (d)  make any other order that the court considers reasonable in the circumstances. Considerations (2) In awarding damages under clause (1) (a), the court shall have regard to all of the circumstances of the case, including, (a)  any particular vulnerabilities of the plaintiff; (b)  all aspects of the defendant’s conduct; and (c)  the nature of any existing relationship between the plaintiff and the defendant. Accounting not relevant to damages (3) The court shall not take into account any order made under clause (1) (b) when awarding damages. No double compensation (4) When assessing damages or any other compensation in an action under section 16 respecting conduct that is the subject of another civil proceeding, the court shall take into account any damages or compensation awarded in the other proceeding in respect of the same conduct. 18 Omitted
(provides for coming into force of provisions of this Act). 19 Omitted (enacts short title of this Act). Note: On a day to be named by proclamation of the Lieutenant Governor, Part IV of the Act is repealed and the following substituted: (See: 2023, c. 16, s. 2 (3)) PART IV   COERCED DEBTS INCURRED IN RELATION TO HUMAN TRAFFICKING Interpretation, “coerced debt” 18 Subject to the regulations, a debt is a coerced debt for the purposes of this Part if the debt was incurred as a result of the debtor being subjected to human trafficking. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3)
- not in force Prohibition on collection of debts 19 Despite any other Act, no person or entity shall, through any means whatsoever, knowingly collect or attempt to collect a coerced debt. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3)
- not in force Debt not to be considered 20 Where the existence of a coerced debt has been established, no person or entity who is determining whether to provide a debtor who has been subjected to human trafficking with credit services or products shall take the existence of the coerced debt into consideration when making that determination. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3)
- not in force Application to prescribed individual or group of individuals 21 (1) Subject to subsection (2), in the case of a disagreement as to the application of this Part to a debt, the debtor or creditor may apply to a prescribed individual or group of individuals for a determination as to whether the debt is a coerced debt. 2023, c. 16, s. 2 (3). Same (2) An application by a debtor must be accompanied by a letter from an organization that satisfies the prescribed criteria, setting out prescribed information in support of the application. 2023, c. 16, s. 2 (3). Determination (3) After affording the debtor and creditor an opportunity to be heard, the prescribed individual or group of individuals shall, (a)  make a determination as to whether the debt, or some part of it, is a coerced debt and, if applicable, the amount of the coerced debt; and (b)  notify the debtor and creditor of the determination in writing. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3)
- not in force Regulations 22 The Minister responsible for the administration of this Act may make regulations respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part and, without limiting the generality of the foregoing, may make regulations, (a)  respecting anything that, under this Part, may or must be prescribed or done by regulation; (b)  prescribing types of debts that are not coerced debts for the purposes of this Part; (c)  prescribing criteria that must be satisfied in order for a coerced debt to be established; (d)  governing applications made under section 21, including governing the application of the Statutory Powers Procedure Act or any of its provisions. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3)
- not in force Crown bound 23 This Part binds the Crown. 2023, c. 16, s. 2 (3). Section Amendments with date in force (d/m/y) 2023, c. 16, s. 2 (3)
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