Newfoundland and Labrador Gazette, Part II — 2 November 2023 (Extraordinary Issue) — Regulations NLR 82/23, NLR 83/23

NLG 2023-11-02

Newfoundland and Labrador — Gazette

ST. JOHN’S, THURSDAY , NOVEMBER 2, 2023 THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

PART II PUBLISHED BY AUTHORITY NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 82/23 NLR 83/23

NEWFOUNDLAND AND LABRADOR REGULATION 82/23 Proclamation bringing the Act into force (SNL2019 cI-18.1) [In force November 2, 2023] under Interpersonal Violence Disclosure Protocol Act (O.C 2023-245) (Filed November 1, 2023) CHARLES THE THIRD, by the Grace of God King of Canada and His Other Realms and Territories Head of the Commonwealth. JUDY M. FOOTE Lieutenant Governor JOHN HOGAN, K.C. Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 10 of

An Act Respecting Disclosure of Information under an Interpersonal Violence Disclosure Protocol, Statutes of Newfoundland and Labrador 2019

Chapter I-18.1 (the "Act "), it is provided that the Act comes into force on a day to be proclaimed by the Lieutenant - Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall now come into force; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that

An Act Respecting Disclosure of Information under an Interpersonal Violence Disclosure Protocol, Statutes of 3Extraordinary Gazette November 2, 2023

Proclamation bringing the Act into force under the Interpersonal Violence Disclosure Protocol Act 82/23 Newfoundland and Labrador 2019

Chapter I-18.1, shall come into force on November 2nd, 2023. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Present s may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well -beloved the Honourable Judy M. Foote , Member of Our Privy Council of Canada, Chanc ellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador.

AT OUR GOVERNMNT HOUSE , in Our City of St. John’s, this 3 1st day of October in the year of Our Lord two thousand and twenty-three, in th e second year of Our Reign. BY COMMAND, JOHN HAGGIE Registrar General 4 Extraordinary Gazette November 2, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 83/23 Interpersonal Violence Disclosure Protocol Regulations under the Interpersonal Violence Disclosure Protocol Act (O.C. 2023-246) (Filed November 1, 2023) Under the authority of

section 9 of the Interpersonal Viol ence Disclosure Protocol Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, October 20, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Applicants 4. Disclosure information 5. Person at risk 6. Application on behalf of applicant 7. Protocol adopted 8. Commencement 1. These regulations may be cited as the Interpersonal Violence Disclosure Protocol Regulations. 2. In these regulations

Short title

Definitions 5 Extraordinary Gazette November 2, 2023

Interpersonal Violence Disclosure Protocol Regulations 83/23 (a) "Act" means the Interpersonal Violence Disclosure Protocol Act; (b) "department" means the department presided over by the minister; (c) "interpersonal violence" means actual or threatened acts of violence in an intimate partner relationship that may include a single act of violence or a number of acts forming a pattern of abuse and includes one or more of the following: (

i) physical abuse, (ii) sexual abuse, (iii) criminal harassment, (iv) threats to harm children, other family members or pets, (

v) property damage, (vi) exerting control over an individual 's movements, communications or finances, and (vii) emotional and psychological abuse; (d) "intimate partner relationship" means a current or former relationship betwe en 2 people that can be reasonably characterized as being physically o r emotionally intimate, or both; and (e) "parent" means (

i) the father or mother of a child by birth, (ii) a person who has adopted a child under the Adoption Act, 2013, (iii) a person having lawful custody of a child, and (iv) a person who has demonstrated a settled intention to treat a child as a child of the person’s family, other than under an arrangement where the child is placed in a 6 Extraordinary Gazette November 2, 2023

Interpersonal Violence Disclosure Protocol Regulations 83/23 foster home for consideration by a person having lawful custody of the child. 3. For the purposes of subparagraph 2(a)(ii) of the Act , applicant means (

a) the parent of an individual where (

i) the parent considers that there is a risk of interpersonal violence to the individual, and (ii) the individual is under 16 years of age; or (

b) the guardian of an individual where (

i) the guardian considers that there is a risk of interpersonal violence to the individual, and (ii) the individual has been declared to lack capacity by a court of competent jurisdiction. 4. For the purposes of paragraph 2(

b) of the Act, disclosure information means the level of risk of interpersonal violence faced by the applicant or person at risk and may include personal informatio n respecting the person to whom the information relates. 5. For the purposes of paragraph 2(

f) of the Act, a person at risk means (

a) an individual who has been determined by a police force to be at risk of interpersonal violence; (

b) the parent of an individual referred to in paragraph (

a) where that individual is under 16 years of age; or (

c) the guardian of an individual referred to in paragraph (

a) where that individual has been declared to lack capacity by a court of competent jurisdiction. 6. For the purposes of subsection 3(2) of the Act, the following individuals or class es of individuals may, with the written consent of the applicant, assist with or make an application on behalf of the applicant in accordance with the Interpersonal Violence Disclosure Protocol: Applicants Disclosure information Person at risk Application on behalf of applicant 7 Extraordinary Gazette November 2, 2023

Interpersonal Violence Disclosure Protocol Regulations 83/23 (

a) an individual selected by the applicant; (

b) a member as defined in the Law Society Act, 1999; (

c) a member of a police force; (

d) a medical practitioner as defined in the Medical Act, 2011; (

e) a registered nurse as defined in the Registered Nurses Act, 2008; (

f) a registered psychologist as defined in the Psychologists Act, 2005; (

g) a social worker registered under the Social Workers Act; (

h) a representative of an Indigenous government or organization where the person at risk is Indigenous; or (

i) a representative of an agency or organization that assists and supports persons at risk. 7.

(1) For the purposes of the Act and these regulations, the "Interpersonal Violence Disclosure Protocol " prepared by the department dated November 2, 2023, as amended from time to time , is adopted as the Interpersonal Violence Disclosure Protocol.

(2) The minister shall cause the Interpersonal Violence Disclosure Protoc ol to be made public in a manner that the minister considers appropriate, including publishing it on the department website. 8. These regulations come into force on the day that the Act comes into force. ©King's Printer Protocol adopted Commencement 8 Extraordinary Gazette November 2, 2023

Extraordinary Gazette Index Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Interpersonal Violence Disclosure Protocol Act Proclamation bringing Act into force NLR 82/23 New Nov. 2/23 p. 3 Interpersonal Violence Disclosure Protocol Regulations NLR 83/23 New Nov. 2/23 p. 5 ST. JOHN’S, THURSDAY, NOVEMBER 2, 2023 9

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2023-11-02
Type	gazette
Volume / chapter	nlg20231102 extra
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	0031f739ea9af1ebb379ee7a83ecb52fcc83e413

Source file is stored in the law ingest library (pdf).