Bill 17 — First Session, 30Th Legislature, 68 Elizabeth Ii the Legislative Assembly of Alberta Bill 17 Disclosure To Protect Against Domestic Violence (Clare’S Law) Act (Legislature 30, Session 1)

L30 S1 11808

Alberta — Bills

2019 Bill 17 First Session, 30th Legislature, 68 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 17 DISCLOSURE TO PROTECT AGAINST DOMESTIC VIOLENCE (CLARE’S LAW) ACT THE MINISTER OF COMMUNITY AND SOCIAL SERVICES First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 17 BILL 17 2019 DISCLOSURE TO PROTECT AGAINST DOMESTIC VIOLENCE (CLARE’S LAW) ACT ( A s s e n t e d t o , 2 0 1 9 ) Table of Contents 1

Definitions 2 Collection, use and disclosure of information 3 Disclosure 4 Disclosure Protocol 5 Other obligations not affected 6 Commissioner’s powers and duties not limited 7 Immunity 8 Confidentiality 9 Non-compellability 10 Non-application of Act 11 Delegation 12 Regulations made by the Lieu tenant Governor in Council 13 Regulations made by the Minister 14 Coming into force

Preamble

WHEREAS the Government of Alberta is committed to the prevention of domestic violence;

WHEREAS the Government of Alberta recognizes that addressing domestic violence requires a range of prevention and protection measures; and

WHEREAS individuals should have access to information to help them make informed choices and reduce the risk of harm;

2 THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “applicant” means an individual who applies for disclosure information and (

i) believes that they are at risk of domestic violence, or (ii) is authorized to be an a pplicant in accordance with the regulations; (b) “disclosure information” means information prescribed as disclosure information in the regulations; (c) “Disclosure Protocol” means the Disclosure Protocol established in the regulations; (d) “police service” means a po lice service as defined in the Police Act; (e) “Minister” means the Mini ster determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (f) “person at risk” means an i ndividual who is determined to be a person at risk in accordance with the regulations. Collection, use and disclosure of information 2(1) A police service or the Minister may collect, use or disclose personal information for the purposes of (

a) making a disclosure in acc ordance with

section 3(1) or (3), (

b) determining whether to m ake a disclosure in accordance with

section 3(1) or (3), (

c) determining whet her a person is a person at risk in accordance with the regulations, or (

d) any other purposes related to this Act identified in the regulations.

(2) If the Minister enters into an agreement with the Government of Canada or the 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 in the other jurisdiction, then a police service or the Minister may collect, use or disclose personal information for the purposes referred to in subsection (1) in accordance with that agreement. Disclosure 3(1) A police service may provide disclosure information to an applicant or a person referred to in subsection (2) in accordance with the Disclosure Protocol.

(2) Subject to the Disclosure Protocol, the following persons may assist with an application for disclosure information or make an application for disclosure information on behalf of an applicant: (

a) a person who has the consent of the applicant, provided in the manner required by the regulations; (

b) any other person who is authorized by the regulations to assist with an application or make an application on behalf of an applicant.

(3) A police service may provide disclosure information to a person at risk in accordance with the Disclosure Protocol, regardless of whether or not the person at risk applies for disclosure information.

(4) Every person who receives disclosure information pursuant to this

section shall comply with the terms and conditions of the Disclosure Protocol. Disclosure Protocol 4 The Disclosure Protocol must include the following: (

a) terms and conditions for safeguarding disclosure information received by persons at risk; (

b) terms and conditions prohibiting the subsequent use or disclosure of the disclosure information for purposes not related to this Act unless

4 (

i) the person to whom the disclosure information relates has provided consent, or (ii) the disclosure is required or authorized by law. Other obligations not affected 5 Nothing in this Act prevents a police service from disclosing information, including disclosure information, that the police service is otherwise permitted or authorized by law to disclose. Commissioner’s powers and duties not limited 6 For greater certainty, nothing in this Act shall be construed as limiting the powers and duties of the Information and Privacy Commissioner under the Freedom of Information and Protection of Privacy Act.

Immunity 7 No action or other proceeding lies or shall be instituted against the Minister or an agent, employee, delegate or subdelegate of the Minister, the Government of Alberta or an agent or employee of the Government of Alberta, a police service or an agent, employee or member of a police service or a police committee, police commission or regional police commission or a member of a police committee, police commission or regional police commission 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 this Act 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 pursuant to or in connection with this Act, and (

d) any disclosure of disclosure information by a police service if the disclosure is made in good faith. Confidentiality 8(1) Subject to the regulations, no person shall disclose any disclosure information that comes to the knowledge of that person

5 pursuant to this Act, unless that person is authorized by this Act, or otherwise authorized by law, to do so.

(2) Subject to subsection (3), the name of an applicant and information that would identify the applicant is privileged information of the applicant.

(3) The information referred to in subsection (2) may be released if the Minister directs that it may be released. Non-compellability 9(1) A police service or a member, agent, employee or delegate of a police service and the Minister or a delegate or subdelegate of the Minister is not compellable to (

a) give evidence in any pro ceeding of a judicial nature concerning any information that comes into their knowledge pursuant to this Act, or (

b) produce any file, paper, information, report, correspondence or other document relating to the Disclosure Protocol. (2) Subsection (1) does not apply for the purposes of a judicial review proceeding. Non-application of Act 10 This Act and any provision of this Act prescribed in the regulations does not apply (

a) to any person or class of persons prescribed in the regulations for the purpose of this section, or (

b) in any circumstance prescrib ed in the regulations for the purpose of this section. Delegation 11(1) The Minister may delegate to any person any power, duty or function of the Minister under this Act. (2) Subsection (1) does not apply to any power or duty of the Minister to make regulations as defined in the Regulations Act.

(3) A delegation under subsection (1) may include the power to subdelegate. Regulations made by the Lieutenant Governor in Council 12(1) The Lieutenant Governor in Council may make regulations (

a) defining, enlarging or restricting the meaning of any word or expression used in this Act, including any word or expression defined in this Act; (

b) respecting individuals or classes of individuals who may apply for disclosure information; (

c) respecting the provision of consent by an applicant for the purposes of

section 3(2)(a); (

d) respecting the determination of individuals or classes of individuals who are or may be persons at risk for the purposes of this Act; (

e) respecting the persons or classes of persons who may assist an applicant with an application or make an application on behalf of an applicant; (

f) respecting the collection, use or disclosure of informatio n for the purposes of this Act by a police service or the Minister; (

g) subject to subsection (2), establishing a Disclosure Protocol; (

h) prescribing information or classes of information as disclosure information; (

i) respecting the use or discl osure of disclosure information by an applicant or by a person at risk to whom a disclosure has been made under

section 3(3); (

j) exempting any person or any class of persons from the application of this Act or any portion of this Act, or prescribing any circumstance in which this Act or any provision of this Act does not apply; (

k) prescribing any matter or thing required or authorized by this Act to be prescribed in the regulations;

7 (

l) respecting any other matter or thing the Lieutenant Gove rnor in Council considers necessary to carry out the intent of t his Act. (2 ) For the purposes of subsection (1)(g), the Lieutenant Governor i n Council may make regulations (

a) adopting, as amended from time to time or otherwise, all or any part of any protocol relating to the collection, use or disclosure of disclos ure information; (

b) amending for the purposes of this Act all or any part of any protocol adopted pursuant to clause (a).

(3) The Lieutenant Governor in Council may make regulations (

a) respecting the establishment of a committee for any purposes related to this Act; (

b) respecting the committee referred to in clause (a), in cluding, without limitation, (

i) any powers, duties or functions of the committee, and (ii) the remuneration of the committ ee. Regulations made by the Minister 13 The Minister may make regulations prescribing forms for the purposes of this Act. Coming into force 14 This Act comes into force on Proclamation.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2019 (30th, 1st) Bill 17, Disclosure to Protect Against Domestic Violence (Clare’s Law) Act

Document details

Collection	Alberta — Bills
Citation	L30 S1 11808
Type	bill
Volume / chapter	L30 S1 11808
Language	en
Format	json
Source	PROVINCIAL
Identifier	f0fef239ae019e38022592881842b96ab6891475

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