Bill 15 — First Session, 24Th Legislature, 46 Elizabeth Ii the Legislative Assembly of Alberta Bill 15 Protection For Persons In Care Amendment Act, 1997 (Legislature 24, Session 1)

L24 S1 1054

Alberta — Bills

1997 BILL 15 First Session, 24th Legislature, 46 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 15 PROTECTION FOR PERSONS IN CARE AMENDMENT ACT, 1997 MR. TANNAS First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 15 Mr. Tannas B ILL 15 1997 PROTECTION FOR PERSONS IN CARE AMENDMENT ACT, 1997 (Assented to , 1997) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: A m ends S A 1995 cP -19.5 1 The P rotection for P ersons in C are A ct is amended by this Act. 2

Section 1 is amended (

a) by renumbering clause (

a) as clause (a.1) and by adding the following before clause (a.1): (a) “abuse” means (

i) intentionally causing bodily harm, (ii) intentionally causing emotional harm, including, but not limited to, threatening, intimidating, humiliating, harassing, coercing or restricting from appropriate social contact, (iii) intentionally administering or prescribing medication for an inappropriate purpose, (iv) subjecting to non-consensual sexual contact, activity or behaviour, (

v) intentionally misappropriating or improperly or illegally converting money or other valuable possessions, or (vi) intentionally failing to provide adequate nutrition, adequate medical attention or other necessity of life without a valid consent; 1

Explanatory Notes 1 Amends

chapter P-19.5 of the Statutes of Alberta, 1995. 2

Section 1 presently reads in part: 1 In this Act, (a) "agency” means (

i) an approved hospital as defined in the Hospitals Act, (ii) a lodge accommodation as defined in the Alberta Housing Act, (iii) a nursing home as defined in the Nursing Homes Act, (iv) a facility as defined in the Social Care Facilities Review Committee Act, or (

v) any institution or organization designated by regulation as an agency; (b) "appropriate Minister” means (

i) if the complaint involves an agency referred to in clause (a)(

i) or (iii), or a service provider at or an employee of the agency, the Minister of Health, (ii) if the complaint involves an agency referred to in clause (a)(ii), or a service provider at or an 1 E xplanatory N otes

(

b) in clause (b)(i), (ii), (iii) and (iv) by striking out “clause (a)” and substituting “clause (a.1)”. 3

Section 2 is amended (

a) in subsection (1) (

i) by striking out “must” and substituting “shall”; (ii) by striking out “Department” and substituting “Minister”; (iii) by striking out “law enforcement agency” and substituting “police service”; (

b) by adding the following after subsection (5):

(6) This

section applies to abuse that occurs after this Act comes into force. 4

Section 5(3) is repealed and the following is substituted:

(3) Every agency must require that every successful applicant for employment and every new volunteer provide a criminal records check. 5

Section 8(2) is amended by striking out “law enforcement agency” and substituting “police service”. 6 The following is added after

section 11: Offence 11.1 A person who makes a complaint under this Act knowing it to be false is guilty of an offence and liable to a fine of not more than $2000 and, in default of payment, to imprisonment for a term of not more than 6 months. 2

employee of the agency, the Minister of Municipal Affairs, (iii) if the complaint involves an agency referred to in clause (a)(iv), or a service provider at or an employee of the agency, the Minister of Family and Social Services, and (iv) if the complaint involves an agency referred to in clause (a)(v), or a service provider at or an employee of the agency, the Minister designated by the regulations; 3

Section 2 presently reads in part: 2( 1) Every individual or service provider who has reasonable and probable grounds to believe and believes that there is or has been abuse against a client must report such abuse to the Department of Community Development or a law enforcement agency or a committee, body or person authorized under another enactment to investigate such an abuse. 4

Section 5(3) presently reads: ( 3) Every agency must require that every applicant for employment provide a criminal records check. 5

Section 8(2) presently reads:

(2) Notwithstanding this section, if the appropriate Minister or t�e investigator is of the opinion that the subject-matter of the complaint could constitute an offence under the Criminal Code (Canada), the Minister or the investigator must as soon as possible refer the complaint to a law enforcement agency. 6 Offence for false complaint. 2 Explanatory Notes Title: 1997 (24th, 1st) Bill 15, Protection for Persons in Care Amendment Act, 1997

Document details

Collection	Alberta — Bills
Citation	L24 S1 1054
Type	bill
Volume / chapter	L24 S1 1054
Language	en
Format	json
Source	PROVINCIAL
Identifier	91181671d6f3f745b0d6405361be518dc5df0b5e

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