S.M. 2011, c. 26
Bill 36, 5th Session, 39th Legislature
The Adult Abuse Registry Act and Amendments to The Vulnerable Persons Living with a Mental Disability Act
PART 1 | ||
DEFINITIONS | ||
1 | Definitions | |
2 | Reference to "this Act" includes regulations | |
PART 2 | ||
ADULT ABUSE REGISTRY COMMITTEE | ||
3 | Adult Abuse Registry Committee established | |
4 | (1) | Members |
(2) | Criteria for appointment | |
5 | Term and re-appointment | |
6 | Remuneration and expenses | |
7 | Member continues to hold office | |
8 | Chair and vice-chair | |
9 | Duties of vice-chair | |
10 | Staff | |
11 | Responsibilities of the committee | |
12 | Procedural rules | |
13 | Committee to sit in panels | |
14 | Assigning members to panels | |
15 | Quorum | |
16 | (1) | Jurisdiction of panel |
(2) | Decisions of panel | |
REVIEW BY COMMITTEE | ||
17 | Committee to review designated officer's report | |
18 | Further information | |
19 | Opportunity to provide information to committee | |
20 | Information reviewed | |
21 | (1) | Action by committee |
(2) | Reporting particulars of abuse or neglect | |
22 | (1) | Committee report |
(2) | Giving report | |
(3) | Additional information to registrar | |
23 | Review procedures by committee | |
PART 3 | ||
ADULT ABUSE REGISTRY | ||
24 | Adult Abuse Registry established | |
25 | (1) | Appointment of registrar |
(2) | Duties of registrar | |
(3) | Registrar may delegate | |
(4) | Staff | |
ENTERING NAMES IN REGISTRY | ||
26 | Notice of intent to register | |
27 | Objecting to entry in registry | |
28 | Parties to court application | |
29 | If no objection filed | |
30 | (1) | Court hearing if objection filed |
(2) | Public hearing | |
(3) | Exclusion of public | |
31 | (1) | Decision of court |
(2) | No appeal | |
32 | Report to registrar by court after hearing | |
33 | Entering name in registry after court hearing | |
34 | Report to registrar by court re conviction | |
35 | Report to registrar by peace officer re conviction | |
36 | (1) | Report to registrar by designated officer re conviction |
(2) | Where report is not required | |
37 | Entering names of offenders in registry | |
REMOVING NAMES FROM REGISTRY | ||
38 | Removing abuser's name and other information from registry | |
PART 4 | ||
CONFIDENTIALITY OF REGISTRY INFORMATION AND ACCESS TO REGISTRY | ||
CONFIDENTIALITY OF REGISTRY INFORMATION | ||
39 | Conflict with Freedom of Information and Protection of Privacy Act | |
40 | (1) | Confidentiality of information |
(2) | Exceptions | |
ACCESS TO REGISTRY | ||
41 | (1) | Information in registry confidential |
(2) | Access by designated officers | |
(3) | Access by peace officers | |
(4) | Access by employers and others | |
42 | Access to person named in registry | |
43 | (1) | Objection to information by person given access |
(2) | Information becomes part of record | |
(3) | Correction of factual error | |
PART 5 | ||
GENERAL PROVISIONS | ||
LIABILITY PROTECTION | ||
44 | Liability protection | |
ANNUAL REPORTS | ||
45 | (1) | Annual reports |
(2) | Identifying information not to be disclosed | |
(3) | Reports included in department's annual report | |
REGULATIONS | ||
46 | (1) | Regulations |
(2) | General or specific application | |
AMENDMENTS TO THE VULNERABLE PERSONS LIVING WITH A MENTAL DISABILITY ACT | ||
47 | (1) | C.C.S.M. c. V90 amended |
(2) | ||
(3) | ||
20.1 | Abuse or neglect of vulnerable person prohibited | |
20.2 | Duty to protect vulnerable person from abuse or neglect | |
(4) | ||
21 | (1) | Duty to report abuse or neglect |
(5) | ||
21.1 | Protection from liability | |
21.2 | Adverse employment action prohibited | |
(6) | ||
(7) | ||
25.1 | (1) | Report regarding professional, etc. |
(2) | Requirement to investigate | |
25.2 | Report to employer | |
25.3 | (1) | Reporting abuse or neglect to adult abuse registry committee |
(2) | Additional information about report for committee | |
(8) | ||
(9) | ||
160.1 | Confidentiality re person who reports abuse or neglect | |
(10) | ||
(11) | ||
(12) | ||
(13) | ||
(1.1) | Onus | |
(14) | ||
(2) | Penalties | |
(15) | ||
(3) | Prosecution within two years | |
C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
48 | C.C.S.M. reference | |
49 | Coming into force |