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Bill 274, Intimate Partner Violence Disclosure Act, 2021

Stevens, Jennifer (Jennie)

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Original

Bill 274 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Intimate Partner Violence Disclosure Act,

2021 . The Act allows individuals to apply for information regarding

whether their intimate partner has a history of committing intimate partner

violence. The Act also allows police to provide this information to a person at

risk even if the person has not applied for it.

Bill 274 2021

Act respecting the disclosure of information related to intimate partner

violence

Preamble

Gender-based

violence is an endemic and entrenched social issue in all communities in

Ontario. Different communities require different strategies to reduce, prevent

and respond to gender-based violence so a multifaceted approach to addressing

gender-based violence is needed. In addition to strong laws and law

enforcement, survivors of gender-based violence require access to community

support and counselling services, safe and affordable housing, including

shelters, income support, mental health support and child care to ensure they

have the resources necessary to leave unsafe situations safely. These services

require adequate and sustained funding on an annualized basis.

is also important to recognize that many stereotypes, myths and other

misinformation about gender-based violence still exist within the criminal

justice system and must be addressed to ensure survivors are protected by these

systems.

For

any law reform in this area to be successful, those interpreting and enforcing

the law, including police, lawyers and judges, require education and training

to ensure they have an adequate understanding of gender-based violence.

important additional tool to help protect against gender-based violence, in

particular intimate partner abuse, is legislation to allow women to access

information about whether their intimate partner has a violent or abusive past.

Any such legislation will not work for all communities and all people and will

not alone be sufficient to end gender-based violence. Such legislation must be

implemented alongside other measures that will provide resources for survivors

that address the root causes of gender-based violence.

Therefore

Her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Definitions

this Act,

“applicant”

means an individual who meets the requirements of

section 3 and applies for

disclosure information; (“demandeur”)

“disclosure

information” means prescribed information; (“renseignements susceptibles de

divulgation”)

“intimate

partner violence” means behaviour by an intimate partner or former intimate partner

that causes physical, sexual or psychological harm, including physical

aggression, sexual coercion, psychological abuse and controlling behaviours; (“violence

entre partenaires intimes”)

“Minister”

means the Attorney General or such other member of the Executive Council as may

be assigned the administration of this Act under the Executive

Council Act ; (“ministre”)

“person

at risk” means an individual a police force determines to be a person at risk

in accordance with subsection 5 (2); (“personne à risque”)

“police

force” means a police force as defined in the Police

Services Act ; (“corps de police”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

means the regulations made under this Act. (“règlements”)

Collection,

use and disclosure of information

(1) A

police force or the Minister may collect, use or disclose personal information,

(

a) for

the purposes of making a disclosure under

section 4 or 5;

(

b) for

the purposes of determining whether to make a disclosure under

section 4 or 5;

(

c) for

the purposes of determining whether a person is a person at risk in accordance

with subsection 5 (2); or

(

d) for

a prescribed purpose.

Same

(2) If

government of any province or territory in relation to the sharing of

information for the purposes of this Act or legislation that has similar

purposes to this Act in the other jurisdiction, a police force or the Minister

may collect, use or disclose personal information for the purposes referred to

in subsection (1) in accordance with that agreement.

Applicant

person may apply for disclosure information if,

(

a) they

believe they are at risk of intimate partner violence; or

(

b) they

meet any prescribed criteria.

Disclosure

— applicant

(1) A

police force may provide disclosure information to an applicant or a person

referred to in subsection (2) if they meet the prescribed requirements.

Assistance

to applicant

(2) Subject

to the regulations, the following persons may assist with an application for

disclosure information or make an application for disclosure information on

behalf of an applicant:

1. A

person who has the consent of the applicant, provided in the prescribed manner.

2. A

prescribed person.

3. A

representative of a third party organization to which subsection 5 (3) applies

who has the consent of the applicant, provided in the prescribed manner.

Disclosure

— person at risk

(1) A

police force may provide disclosure information to a person at risk in

accordance with the regulations, regardless of whether the person at risk has

applied for disclosure information.

Determination

person at risk

(2) A

police force may determine an individual is a person at risk if they meet the

prescribed requirements.

Third

parties

(3) A

police force may contact any of the following individuals to act as an

intermediary for the purposes of providing disclosure information to a person

at risk:

1. An

employee of an agency or organization that provides individuals with accommodation

in an emergency or transitional shelter because of homelessness or abuse.

2. An

employee of an agency or organization that supports victims of intimate partner

violence.

3. A

member of the Ontario

Association of Social Workers.

4. A

member of the Ontario College of Psychologists.

5. A

member of the Ontario

Registered Nurses’ Association.

6. A

duly qualified medical practitioner.

7. A

prescribed person.

Disclosure

— conditions

Every

person who receives disclosure information under

section 4 or 5 shall comply

with the following conditions:

1. No

person may subsequently use or disclose the disclosure information for purposes

not related to this Act unless,

i. the

person to whom the disclosure information relates has provided consent in the

prescribed manner, or

ii. the

disclosure is required or authorized by law.

2. Any

prescribed conditions.

Other

obligations not affected

Nothing

in this Act prevents a police force from disclosing any information, including

disclosure information, that the police force is otherwise permitted or

authorized by law to disclose.

Referral

disclosing disclosure information to an applicant or person at risk, a police

force shall ensure that the applicant or person at risk is provided with

information regarding access to gender-based violence support services.

Disclosure

not acted on

police force and no government agency or office may deny access to services or

protection for an applicant or person at risk who receives disclosure

information and remains in their relationship on the basis that the applicant

or person at risk remained in the relationship.

Commissioner’s

powers and duties not limited

For

greater certainty, nothing in this Act limits the powers and duties of the

Information and Privacy Commissioner under the Freedom of

Information and Protection of Privacy Act .

Confidentiality

(1) Subject

to the regulations, no person shall disclose any disclosure information that

comes to their knowledge in accordance with this Act unless that person is

authorized by this Act, or otherwise authorized by law, to do so.

Applicant’s

name and information privileged

(2) Subject

to subsection (3), the name of an applicant and other information that would

identify the applicant is privileged information of the applicant.

Applicant’s

name and information privileged — exception

(3) Information

referred to in subsection (2) may be released if the Minister directs that it

may be released.

Non-compellability

(1) A

police force or a member, agent, employee or delegate of a police force and the

Minister or a delegate or subdelegate of the Minister is not compellable to,

(

a) give

evidence in any proceeding of a judicial nature concerning information that

comes to their knowledge in accordance with this Act; or

(

b) produce

any file, paper, information, report, correspondence or other document relating

to the regulations.

Exception

(2) Subsection

(1) does not apply for the purposes of a judicial review proceeding relating to

this Act.

Family

law proceedings

The

following may not be used as evidence against an applicant or person at risk in

a Family Court proceeding or in other proceedings relating to child protection

and custody:

1. That

an applicant applied for disclosure information.

2. That

a person at risk did not apply for disclosure information.

3. That

an applicant or person at risk received disclosure information.

4. That

an applicant or person at risk did not act on disclosure information that they

received.

Training

program

The

Minister shall establish a program to ensure police and other government

employees who come into contact with victims of domestic violence receive

adequate and appropriate training that ensures,

(

a) applicants

are provided with appropriate information regarding referrals to gender-based

violence services at the time information is disclosed under this Act in order

to ensure applicants have the opportunity to connect with supports and experts

who can assist the applicant with safety planning in the event the applicant

wishes to leave their present relationship; and

(

b) all

police officers and other officials who are involved in the disclosure of

information under this Act are familiar with a trauma-informed approach.

Non-application

of Act

This

Act or any prescribed provisions of this Act do not apply to,

(

a) any

prescribed person or class of persons; or

(

b) in

any prescribed circumstances.

Delegation

The

Minister may delegate to any person any power duty or function of the Minister

under this Act.

Regulations

The Lieutenant

Governor in Council may make regulations,

(

a) prescribing

requirements governing the disclosure of disclosure information under sections

4, 5 and 11;

(

b) prescribing

anything that is referred to, in this Act, as prescribed.

Amendments

(1) The definition of “police force” in

section 1 of the Act is

repealed.

(2) Section

1 of the Act is amended by adding the following definition:

“police

service” means a police service as defined in the Community

Safety and Policing Act, 2019 ; (“service de police”)

(3) The

Act is amended by striking out “police force” wherever it appears in the

following provisions and substituting in each case “police service”:

1. The

definition of “person at risk” in

section

Section

3. Subsection

4 (1).

Section

Section

Section

Section

8. Subsection

12 (1).

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Intimate

Partner Violence Disclosure Act, 2021 .

Date Bill stage Event Outcome Committee

April 14, 2021

Second Reading

Vote

Lost on division

April 13, 2021

Second Reading

Deferred vote

April 13, 2021

Second Reading

Debated

April 1, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

April 1, 2021

Committee

Second Reading

April 13, 2021

Mrs. Jennifer (Jennie) Stevens, Hon. Jill Dunlop, Ms. Catherine Fife, Ms. Donna Skelly, Mr. Gurratan Singh, Mme France Gélinas

Vote deferred.

April 14, 2021

Lost on recorded division.

Committee

Third Reading

Royal Assent

Acts affected - Bill 274

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Intimate Partner Violence Disclosure Act, 2021

Legislative Assembly of Ontario

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