2019 BILL 6

	6


First Session, 49th General Assembly 68 Elizabeth II, 2019
BILL 6
AN ACT RESPECTING DISCLOSURE OF INFORMATION UNDER AN INTERPERSONAL VIOLENCE DISCLOSURE PROTOCOL
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE ANDREW PARSONS, Q.C. Minister of Justice and Public Safety and Attorney General
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would provide authority for a police force to disclose information regarding interpersonal violence to a person at risk or to an applicant in accordance with an Interpersonal Violence Disclosure Protocol established by the Lieutenant-Governor in Council.

A BILL

AN ACT RESPECTING DISCLOSURE OF INFORMATION UNDER AN INTERPERSONAL VIOLENCE DISCLOSURE PROTOCOL

Analysis

1. Short title

2. Definitions

3. Disclosure

4. Authorized or permitted disclosure not affected

5. Immunity

6. Confidentiality

7. Non-compellability

8. Non-application of Act

9. Regulations

10. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Interpersonal Violence Disclosure Protocol Act.

Definitions

2. In this Act

(a) "applicant" means

(i) an individual who considers that there is a risk of interpersonal violence to the individual, or

(ii) an individual or a class of individuals prescribed in the regulations;

(b) "disclosure information" means information prescribed in the regulations;

(c) "Interpersonal Violence Disclosure Protocol" means the Interpersonal Violence Disclosure Protocol prescribed in the regulations;

(d) "police force" means

(i) the Royal Newfoundland Constabulary, and

(ii) the Royal Canadian Mounted Police;

(e) "minister" means the minister appointed under the Executive Council Act to administer this Act; and

(f) "person at risk" means an individual or a class of individuals prescribed in the regulations.

Disclosure

3. (1) A police force may, in accordance with the Interpersonal Violence Disclosure Protocol, provide disclosure information to

(a) an applicant;

(b) an individual referred to in subsection (2); or

(2) An individual or a class of individuals prescribed in the regulations may assist with or make an application on behalf of an applicant in accordance with the Interpersonal Violence Disclosure Protocol.

(3) A person who receives disclosure information under this section shall comply with the terms and conditions of the Interpersonal Violence Disclosure Protocol, including terms and conditions

(a) safeguarding disclosure information received by that person; and

(b) prohibiting the subsequent use and disclosure of the disclosure information for purposes not related to the Interpersonal Violence Disclosure Protocol, except

(i) with the consent of the person to whom the disclosure information relates, or

(ii) where required or authorized by law.

Authorized or permitted disclosure not affected

4. Nothing in this Act prevents a police force from disclosing information, including disclosure information, which the police force is otherwise permitted or authorized by law to disclose.

Immunity

5. An action or proceeding does not lie against the government of the province, the minister, a police force, an agent, employee or member of a police force, or an agent or employee of the government of the province based on any cause of action arising out of, resulting from, relating to or incidental to

(a) the enactment of this Act;

(b) the application in good faith of all or any provision of this Act;

(c) anything done, caused, permitted or authorized to be done, attempted to be done or omitted to be done in good faith under or in connection with this Act; or

(d) any disclosure of disclosure information about an individual by a police force where the disclosure is made in good faith and in accordance with this Act.

Confidentiality

6. A person shall not disclose any disclosure information that comes to the knowledge of that person under this Act, except where authorized in the exercise of the powers, performance of the responsibilities or carrying out of the functions of the person under this Act and the regulations.

Non-compellability

7. (1) A police force and members, agents or employees of a police force are not compellable to

(a) give evidence in any proceeding of a judicial nature concerning any information that comes to their knowledge under this Act; or

(b) produce any files, papers, information, reports, correspondence or other documents relating to the Interpersonal Violence Disclosure Protocol.

(2) Subsection (1) does not apply to an application for judicial review.

Non-application of Act

8. Any provision, or portion of a provision, of this Act prescribed in the regulations does not apply

(a) to a person or class of persons prescribed in the regulations; or

(b) in those circumstances prescribed in the regulations.

Regulations

9. (1) The Lieutenant-Governor in Council may make regulations

(a) prescribing individuals or classes of individuals who may be applicants;

(b) prescribing individuals or classes of individuals who are persons at risk;

(c) prescribing individuals or classes of individuals who may assist with or make an application on behalf of an applicant under subsection 3(2);

(d) prescribing an Interpersonal Violence Disclosure Protocol;

(e) prescribing information as disclosure information;

(f) exempting a person or class of persons from a provision of this Act or any portion of a provision of this Act;

(g) prescribing any circumstance in which a provision of this Act or any portion of a provision of this Act does not apply;

(h) defining a word or expression that is used but not defined in this Act; and

(i) generally to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in addition to or instead of regulations made under paragraph (1)(d), adopt by reference and constitute as regulations the whole or part of provisions of a protocol or standard relating to the collection, use or disclosure of disclosure information, with or without modification, and including amendments to the protocol or standard of an organization acceptable to the minister.

(3) A certificate of the minister that a document is a copy of a protocol or standard referred to in subsection (2) or an extract from, a modification of, or an amendment to, a protocol or standard is without further proof presumptive evidence of the content of that protocol, standard, extract or amendment.

Commencement

10. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.