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 | |
