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S.M. 2008, c. 11
Bill 9, 2nd Session, 39th Legislature
The Protection for Persons in Care Amendment Act
(Assented to June 12, 2008)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
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:
3(1) Subsection 5(2) is amended
(a) in the section heading, by striking out "may appoint" and substituting "to refer matter to"; and
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):
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
4 Subsection 9(3) is amended by striking out "appoint" and substituting "refer the matter to".
5 The following is added after section 11:
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.
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).
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).
6 This Act comes into force on the day it receives royal assent.