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Second Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 9

THE PROTECTION FOR PERSONS IN CARE AMENDMENT ACT


Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. P144 amended

1           The Protection for Persons in Care Act is amended by this Act.

2           The definition "investigator" in section 1 is replaced with the following:

"investigator" means a person designated under section 5 as an investigator or appointed under that section to investigate a report of abuse; (« enquêteur »)

3(1)        Subsection 5(2) is amended

(a) in the section heading, by striking out "may appoint" and substituting "to refer matter to"; and

(b) in the subsection, by striking out "appoint" and substituting "refer the matter to".

3(2)        Subsection 5(3) is amended by striking out "appointing" and substituting "referring the matter to".

3(3)        The following is added after subsection 5(3):

Minister may designate or appoint investigators

5(4)        The minister

(a) may designate as investigators one or more persons or classes of persons employed by the government under the minister; and

(b) may appoint any other person to investigate a report of abuse specified in the appointment.

4           Subsection 9(3) is amended by striking out "appoint" and substituting "refer the matter to".

5           The following is added after section 11:

Protection of identity

11.1(1)     A person acting under the authority of this Act or engaged in its administration

(a) is not required to disclose or produce any information that could reasonably be expected to reveal the identity of

(i) a person who reported an abuse, or

(ii) a person who was interviewed, or who provided information in confidence, in the course of an inquiry or investigation under this Act; and

(b) cannot be compelled to disclose or produce such information for the purpose of any civil legal proceeding.

Exceptions

11.1(2)     Subsection (1) does not prevent the disclosure of information

(a) to a person engaged in the administration or enforcement of this Act for the purpose of administering or enforcing it; or

(b) to a court, upon application by a person seeking the disclosure of the information, for the purpose of determining whether the information could reasonably be expected to reveal the identity of a person whose identity is protected by subsection (1).

Court to take precautions against disclosing

11.1(3)     If information is disclosed to a court under clause (2)(b), the court must take every reasonable precaution, including receiving representations ex parte, conducting hearings in private and examining records in private, to avoid the disclosure of any information that could reasonably be expected to reveal the identity of a person whose identity is protected by subsection (1).

Coming into force

6           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Protection for Persons in Care Act to further protect the identity of a person who reports an abuse or who provides information in respect of a reported abuse.  It ensures that investigators and others engaged in the administration of the Act cannot be required to disclose information that could reveal such a person's identity.

The Bill also clarifies the minister's authority to designate employees as investigators and to appoint other investigators from time to time.