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The Adult Abuse Registry Act
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This version is current as of October 13, 2017.
It has been in effect since June 30, 2015.

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C.C.S.M. c. A4

The Adult Abuse Registry Act

(Assented to June 16, 2011)

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

PART 1

DEFINITIONS

Definitions

1           The following definitions apply in this Act.

"abuse" means

(a) in relation to a specified adult who is a vulnerable person under The Vulnerable Persons Living with a Mental Disability Act, abuse as defined in that Act; and

(b) in relation to a specified adult under any other designated Act, abuse as defined in that other Act. (« mauvais traitements »)

"committee" means the Adult Abuse Registry Committee established under section 3. (« comité »)

"court" means the Court of Queen's Bench. (« tribunal »)

"designated Act" means

(a) The Vulnerable Persons Living with a Mental Disability Act; or

(b) any other Act designated as a designated Act in the regulations. (« loi désignée »)

"designated officer" means

(a) with respect to The Vulnerable Persons Living with a Mental Disability Act, an executive director appointed under that Act; or

(b) with respect to any other designated Act, a person specified in the regulations, who has authority under that designated Act to refer a matter to the committee for review. (« fonctionnaire désigné »)

"neglect" means

(a) in relation to a specified adult who is a vulnerable person under The Vulnerable Persons Living with a Mental Disability Act, neglect as defined in that Act; and

(b) in relation to a specified adult under any other designated Act, neglect as defined in that other Act. (« négligence »)

"panel" means a panel of the committee. (« sous-comité »)

"personal health information" means personal health information as defined in The Personal Health Information Act. (« renseignements médicaux personnels »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)

"prescribed" means prescribed by the regulations.

"professional body" means the body or person that governs a person's professional status or that certifies, licenses or otherwise authorizes or permits the person to carry on his or her work, profession or occupation. (« organisme professionnel »)

"record" means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records. (« document »)

"registrar" means the registrar of the Adult Abuse Registry appointed under section 25. (« registraire »)

"registry" means the Adult Abuse Registry established under section 24. (« registre »)

"responsible minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre responsable »)

"specified adult" means

(a) with respect to The Vulnerable Persons Living with a Mental Disability Act, a vulnerable person; and

(b) with respect to any other designated Act, a person who is a member of a class of persons protected from abuse or neglect under the other Act, as specified in the regulations. (« adulte visé »)

S.M. 2015, c. 12, s. 2.

Reference to "this Act" includes regulations

2           In this Act, a reference to "this Act" includes the regulations made under this Act.

PART 2

ADULT ABUSE REGISTRY COMMITTEE

Adult Abuse Registry Committee established

3           The Adult Abuse Registry Committee is hereby established.

Members

4(1)         The committee is to consist of a prescribed maximum number of members appointed by the Lieutenant Governor in Council.

Criteria for appointment

4(2)        To be eligible to be appointed as a member of the committee, a person must

(a) in the opinion of the Lieutenant Governor in Council, be knowledgeable about abuse and neglect and the need to protect persons from abuse and neglect;

(b) not be an employee under the control of the responsible minister or a minister responsible for a designated Act; and

(c) meet any other criteria specified in the regulations.

Term and re-appointment

5           Each member is to be appointed for a term of not more than three years, and may be re-appointed.

Remuneration and expenses

6           Members of the committee are to be paid remuneration and expenses at rates set by the Lieutenant Governor in Council.

Member continues to hold office

7           A member continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.

Chair and vice-chair

8           The Lieutenant Governor in Council must designate one of the members of the committee as the chair and another member as vice-chair.

Duties of vice-chair

9           The vice-chair has the authority of the chair if the chair is absent or unable to act, or when authorized by the chair.

Staff

10          Employees required to enable the committee to carry out its responsibilities may be appointed in accordance with The Civil Service Act.

Responsibilities of the committee

11          The committee has these responsibilities:

(a) to review reports of abuse or neglect of a specified adult that are received from designated officers;

(b) to perform any other duties assigned to it by the responsible minister.

Procedural rules

12          Subject to the regulations, the committee may establish its own rules of practice and procedure.

Committee to sit in panels

13          The committee must sit in panels composed of the prescribed number of members when reviewing reports under section 17.

Assigning members to panels

14          The chair is to assign members of the committee to sit on panels, in accordance with the regulations.

Quorum

15          A quorum of a panel is the number of members specified in the regulations.

Jurisdiction of panel

16(1)       A panel has all the jurisdiction of the committee and may exercise the committee's powers and perform its duties.

Decisions of panel

16(2)       A decision of a majority of the members of a panel is the decision of the committee.

REVIEW BY COMMITTEE

Committee to review designated officer's report

17          On receiving a report from a designated officer, the committee must review it in accordance with this Act.

Further information

18          The committee may at any time request a designated officer to provide further information in relation to the report, including personal information and personal health information.

Opportunity to provide information to committee

19          If the committee suspects that the abuse or neglect as reported by the designated officer has occurred, the committee must, in accordance with the regulations, give the person who is suspected of abusing or neglecting a specified adult an opportunity to provide information to the committee.

Information reviewed

20          The committee must review

(a) the report and any further information provided by the designated officer; and

(b) the information provided by the person who is suspected of abusing or neglecting a specified adult, if information was provided by the person under section 19.

Action by committee

21(1)       After reviewing the information referred to in section 20, the committee must

(a) form an opinion as to whether the person abused or neglected the specified adult, as reported by the designated officer; and

(b) form an opinion as to whether the name of the person responsible for the abuse or neglect, and prescribed particulars of the abuse or neglect, should be entered in the registry;

(c) [repealed] S.M. 2015, c. 12, s. 3.

Committee to report opinions

21(1.1)     The committee must report its opinions

(a) to the person who is suspected of abusing or neglecting the specified adult, if the person was given an opportunity to provide information under section 19;

(b) to the current or former employer of the person, if that employer or a manager or supervisor of that employer had received

(i) a report from the minister under subsection 8.1(1) of The Protection for Persons in Care Act, or

(ii) a report from the executive director under section 25.2 of The Vulnerable Persons Living with a Mental Disability Act;

(c) to the professional body of the person, if the matter was referred to that professional body

(i) under section 9 of The Protection for Persons in Care Act, or

(ii) under section 25.1 of The Vulnerable Persons Living with a Mental Disability Act; and

(d) to the designated officer who referred the matter to the committee.

Reporting particulars of abuse or neglect

21(2)       If the committee forms the opinion that the person has abused or neglected the specified adult, the committee must also report the prescribed particulars of the abuse or neglect when reporting its opinions under subsection (1.1).

S.M. 2015, c. 12, s. 3.

Committee report

22(1)       If the committee has formed the opinions that

(a) the person has abused or neglected the specified adult; and

(b) the person's name should be entered in the registry;

the committee must, in accordance with the regulations, report its opinions and the prescribed particulars of the abuse or neglect in accordance with subsection (2).

Giving report

22(2)       The report must be given to the following persons:

(a) to the registrar for entry in the registry;

(b) to the specified adult, unless circumstances as set out in the regulations exist;

(c) to the person identified by the designated officer as a person authorized to act on behalf of the specified adult, or as a person who has been chosen by the specified adult to act on his or her behalf, if the designated officer has identified such a person.

Additional information to registrar

22(3)       The committee must also give the registrar any additional information that it has, including any personal information and personal health information, in order to allow the registrar to correctly identify a person whose name is to be entered in the registry, in accordance with the regulations.

Review procedures by committee

23          Subject to the regulations, the proceedings of the committee are to be conducted in an informal manner and no opinion or report of the committee is invalid because of a lack of formality.

PART 3

ADULT ABUSE REGISTRY

Adult Abuse Registry established

24          The responsible minister must establish and maintain an Adult Abuse Registry in accordance with this Act.

Appointment of registrar

25(1)       The responsible minister must appoint a registrar, in accordance with The Civil Service Act.

Duties of registrar

25(2)       The registrar

(a) must perform the duties and may exercise the powers conferred on the registrar by this Act; and

(b) must perform any other duties that the responsible minister may assign.

Registrar may delegate

25(3)       The registrar may, in writing, authorize an employee in the department of the responsible minister to perform any of the registrar's duties or exercise any of the registrar's powers under this Act.

Staff

25(4)       Other employees required to enable the registrar to perform his or her duties may be appointed in accordance with The Civil Service Act.

ENTERING NAMES IN REGISTRY

Notice of intent to register

26          On receipt of a report from the committee under section 22 that a person's name should be entered in the registry, the registrar must give notice to the person, in accordance with the regulations, of

(a) the registrar's intent to enter the person's name, and the prescribed particulars of the abuse or neglect, in the registry; and

(b) the person's right to object to the entry of his or her name in the registry in accordance with section 27.

Objecting to entry in registry

27          A person who receives notice under section 26 may, within 60 days after the person has been given notice under that section, object to the entry of his or her name in the registry by

(a) filing with the court a notice of application for a hearing together with a copy of the notice given under section 26; and

(b) serving a copy of the notice of application on

(i) the registrar, and

(ii) the designated officer who reported the matter to the committee.

Parties to court application

28          The parties to the notice of application are

(a) the person who files the notice of application under clause 27(a); and

(b) the designated officer who reported the matter to the committee.

If no objection filed

29          If a notice of application is not served on the registrar before the expiry of the 60-day period referred to in section 27, the registrar must enter the person's name and the prescribed particulars of the abuse or neglect in the registry.

Court hearing if objection filed

30(1)       The following applies to the hearing with respect to the notice of application filed in the court under section 27:

(a) the designated officer has the burden of proof on the balance of probabilities;

(b) all parties may be represented by counsel and must, subject to clauses (c) and (d), be given full opportunity to present evidence and to examine and cross-examine witnesses;

(c) the court is not bound by the rules of evidence in relation to the evidence of the specified adult alleged to have been abused or neglected by the applicant, and may receive the specified adult's evidence

(i) through hearsay,

(ii) by way of a recording,

(iii) by way of a written statement, or

(iv) in any other form or manner that it considers advisable;

(d) where satisfied that giving evidence would be harmful or injurious to the personal well-being of a specified adult alleged to have been abused or neglected by the applicant and where it would not be contrary to the public interest in the administration of justice, the court may, by order, direct that the specified adult not be compelled to give evidence.

Public hearing

30(2)       The hearing must be open to the public unless, upon the application of a person who is involved in the hearing or a portion of the hearing, the court is satisfied that

(a) conducting the hearing or a portion of it in public would be harmful or injurious to the personal well-being of a person; and

(b) conducting the hearing or a portion of it in private would not be contrary to the public interest in the administration of justice.

Exclusion of public

30(3)       If the court is satisfied that the hearing is required to be closed, it may, by order, direct that the public be excluded from the hearing or any part of it, and it may make other orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders banning the publication or broadcasting of those matters.

Decision of court

31(1)       The court must determine if the applicant has abused or neglected the specified adult, as reported by the committee under clause 22(1)(a).

No appeal

31(2)       The court's decision is final and not subject to appeal.

Report to registrar by court after hearing

32          If the court determines under section 31 that, the applicant has abused or neglected the specified adult, the court must report to the registrar

(a) the applicant's name;

(b) the prescribed particulars of the abuse or neglect; and

(c) any other prescribed information.

Entering name in registry after court hearing

33          On receiving a report from the court under section 32, the registrar must enter in the registry the applicant's name and the prescribed particulars of the abuse or neglect.

Report to registrar by court re conviction

34          If a person, in any court in Manitoba, is found guilty of, or pleads guilty to an offence involving the abuse or neglect of a specified adult, the court must report the following information, in accordance with the regulations, to the registrar:

(a) the name of the person;

(b) the designated Act or the Act to which the offence relates and the details of the offence;

(c) the sentence, if any, imposed.

Report to registrar by peace officer re conviction

35          If a peace officer, in the course of carrying out an investigation or carrying out other duties, obtains information that a person who was found guilty of, or pleaded guilty to, an offence involving the abuse or neglect of a specified adult,

(a) in a court outside Manitoba; or

(b) in a court in Manitoba before the coming into force of this section;

and is, or is likely to be, present in Manitoba, the peace officer must report the name of the person and the details of the offence, in accordance with the regulations, to the registrar.

Report to registrar by designated officer re conviction

36(1)       A designated officer must report to the registrar, for entry in the registry, the name of a person who has abused or neglected a specified adult and the details of the offence, in accordance with the regulations, if the designated officer has information that

(a) the person, in a court in Manitoba, was found guilty of, or pleaded guilty to an offence involving abuse or neglect of a specified adult; or

(b) the person is, or is likely to be, present in Manitoba and the person, in a court outside Manitoba, was found guilty of, or pleaded guilty to an offence involving the abuse or neglect of a specified adult.

Where report is not required

36(2)       No report is required under subsection (1) if a report concerning the person and the details of the offence was previously made to the registrar.

Entering names of offenders in registry

37          On receipt of a report made under sections 34 to 36, the registrar must enter in the registry the person's name, the prescribed particulars of the abuse or neglect and any other prescribed information.

REMOVING NAMES FROM REGISTRY

Removing abuser's name and other information from registry

38          The registrar must remove from the registry the name and other identifying information about a person entered in the registry as an abuser on the day that is 10 years — or if a longer period is specified in the regulations, that longer period — since the last entry relating to the person was made in the registry.

PART 4

CONFIDENTIALITY OF REGISTRY INFORMATION AND ACCESS TO REGISTRY

CONFIDENTIALITY OF REGISTRY INFORMATION

Conflict with Freedom of Information and Protection of Privacy Act

39          If a provision of this Act is inconsistent or in conflict with a provision of The Freedom of Information and Protection of Privacy Act, the provision of this Act prevails.

Confidentiality of information

40(1)       Subject to this section, all records made under this Act are confidential.

Exceptions

40(2)       A person must not disclose or communicate any information from a record made under this Act in any form, except

(a) for the purpose of the administration or enforcement of this Act, or where necessary to carry out any duty or power under this Act;

(b) where giving evidence in court;

(c) by order of a court;

(d) by a designated officer for the purpose of

(i) providing services to the subject of the information, or

(ii) protecting a specified adult under a designated act;

(e) by a designated officer to another person or entity that performs substantially the same functions as the designated officer, including a person or entity outside Manitoba, where the information is reasonably required by that person or entity

(i) to provide services to the person who is the subject of the information, or

(ii) to protect a specified adult;

(f) by a designated officer for the purpose of an application for the appointment of a substitute decision maker under Part 4 of The Vulnerable Persons Living with a Mental Disability Act;

(g) where required by an enactment of Manitoba or Canada;

(h) to an information manager as defined in The Freedom of Information and Protection of Privacy Act, if authorized by and in accordance with section 44.1 of that Act; and

(i) for research purposes if authorized by and in accordance with section 47 of The Freedom of Information and Protection of Privacy Act.

ACCESS TO REGISTRY

Information in registry confidential

41(1)       All names and information in the registry are confidential and the registrar must only allow access to it in accordance with this Act.

Access by designated officers

41(2)       A designated officer, on application to the registrar, must be given access to the registry if the registrar is satisfied that the access is reasonably required to assist the designated officer in undertaking an investigation under the designated Act.

Access by peace officers

41(3)       A peace officer, on application to the registrar, must be given access to the registry if the registrar is satisfied that the access is reasonably required to assist the peace officer in carrying out the officer's duties.

Access by employers and others

41(4)       On application by an employer or other person, the registrar must disclose to the applicant whether the name of a person is entered in the registry, if the registrar is satisfied that the information is reasonably required to assist the applicant in assessing the suitability of the person whose work, whether paid or unpaid,

(a) involves or may involve the care of a specified adult, or the provision of support services or other assistance to a specified adult; or

(b) permits or may permit access to a specified adult.

Access to person named in registry

42          The registrar must provide to any person who applies any information contained in the registry respecting him or her, other than information that may identify a person who made a report under a designated Act with respect to the abuse or neglect of a specified adult.

Objection to information by person given access

43(1)       A person given access to information in the registry under section 42 is entitled to submit to the registrar a written objection respecting any error or omission of fact which the person alleges is contained in the information.

Information becomes part of record

43(2)       As of the date of its submission, an objection submitted under subsection (1) becomes part of the registry.

Correction of factual error

43(3)       Where the registrar is satisfied that information referred to in subsection (1) contains an error or omission of fact, the registrar must correct the information in the registry.

PART 5

GENERAL PROVISIONS

LIABILITY PROTECTION

Liability protection

44          No action or other proceeding may be brought against a member of the committee, the registrar, a designated officer, an employee of the government or any other person acting under the authority of this Act because of anything done or omitted in good faith

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act.

ANNUAL REPORTS

Annual reports

45(1)       Within six months after the end of the government's fiscal year, the committee and the registrar must each submit an annual report about their activities to the responsible minister.

Identifying information not to be disclosed

45(2)       The annual reports must not disclose the name, or any identifying information about, any person involved in any matter under this Act.

Reports included in department's annual report

45(3)       The responsible minister must include the annual reports of the committee and the registrar in the annual report of his or her department.

REGULATIONS

Regulations

46(1)       The Lieutenant Governor in Council may make regulations

(a) designating Acts for the purpose of the definition "designated Act" in section 1;

(b) specifying persons for the purpose of the definition "designated officer" in section 1;

(c) for the purpose of the definition "specified adult" in section 1, specifying persons under designated Acts who are members of a class of persons protected from abuse or neglect;

(d) respecting the committee, including

(i) prescribing the maximum number of members of the committee,

(ii) respecting criteria for appointing members of the committee under section 4,

(iii) assigning members of the committee to sit on panels,

(iv) specifying the quorum for a panel,

(v) respecting the committee's rules of practice and procedure, including specifying who can attend proceedings of the committee,

(vi) giving persons the opportunity to provide information to the committee, and

(vii) reporting the committee's opinions under section 22, including setting out circumstances for not reporting to specified adults;

(e) respecting additional information to be given by the committee to the registrar;

(f) for the purposes of sections 34 to 36, respecting reporting to the registrar by any courts, peace officers and designated officers about offences involving the abuse or neglect of specified adults under any Acts, including

(i) the details of the offences to be reported,

(ii) the information to be reported about persons who are found guilty of, or pleaded guilty to, such offences, and

(iii) the manner of reporting to the registrar;

(g) for the purpose of section 38, specifying longer periods of time and the circumstances in which they apply;

(h) respecting access to information contained in the registry, including specifying who, in addition to those persons given access under section 41, may be given access to the registry and for what purpose;

(h.1) respecting fees and exemptions from fees;

(i) respecting the manner of giving any notice or other document under this Act and specifying the time at which it is deemed to have been given;

(j) defining any word or expression used but not defined in this Act;

(k) prescribing anything that is referred to in this Act as being prescribed;

(l) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent or purpose of this Act.

General or specific application

46(2)       A regulation made under subsection (1) may be general or specific in its application.

S.M. 2012, c. 40, s. 1.

47          

NOTE:  This section contained amendments to The Vulnerable Persons Living with a Mental Disability Act which are now included in that Act.

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

48          This Act may be cited as The Adult Abuse Registry Act and referred to as chapter A4 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

49          This Act comes into force on a day to be fixed by proclamation.

NOTE:  S.M. 2011, c. 26, except section 47, came into force by proclamation on January 15, 2013.