First

Session, 49th General Assembly

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

Short title

Definitions

Disclosure

Authorized or permitted disclosure not

affected

Immunity

Confidentiality

Non-compellability

Non-application of Act

Regulations

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

(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);

(

c) a person at risk.

(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

(

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

(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;

(

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

(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.

Queen's Printer