BILL 17
Disclosure to Protect Against Intimate Partner Violence Act
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1 The following definitions apply in this Act.
“applicant” means a person who meets the criteria set out in section 9 and makes an application for disclosure of disclosure information. (demandeur)
“disclosure information” means information or a class of information prescribed by regulation. (renseignements visés)
“intimate partner violence” means intimate partner violence as defined in the Intimate Partner Violence Intervention Act. (violence entre partenaires intimes)
“local government” means local government as defined in the Local Governance Act. (gouvernement local)
“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act. (renseignements personnels)
“police force” means a police force established for a local government or region and includes a detachment of the Royal Canadian Mounted Police that is responsible for providing policing services to a specified region of New Brunswick. (corps de police)
“region” means region as defined in the Police Act. (région)
Non-application of Act
2 This Act or any provision of this Act prescribed by regulation does not apply
(a) to any person or class of persons prescribed by regulation, or
(b) in the circumstances prescribed by regulation.
Collection, use and disclosure of information
3 The Minister or a police force may collect, use or disclose information, including personal information, for the following purposes:
(a) making a disclosure under subsection 11(1) or section 12;
(b) determining whether to make a disclosure under subsection 11(1) or section 12;
(c) determining whether a person could benefit from an application for disclosure of disclosure information being made for the purpose of section 12; and
(d) any other purpose prescribed by regulation.
Disclosure to and collection and use of information by the Minister
4( 1) Subject to any provision in another Act, other than the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, a police force shall disclose to the Minister any information, including personal information, collected by the police force that relates directly to and is necessary for the exercise of the Minister’s powers under section 3.
4( 2) For the purpose of exercising the powers under section 3, the Minister may collect directly or indirectly, from any person, information, including personal information, that relates directly to and is necessary for that purpose.
4( 3) The Minister shall not use any information, including personal information, disclosed under subsection (1) or section 6 or collected under subsection (2) for any purpose other than the exercise of the Minister’s powers under section 3.
Disclosure to and collection and use of information by a police force
5( 1) Subject to any provision in another Act, other than the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, the Minister shall disclose to any police force handling an application for disclosure information any information, including personal information, that the Minister has collected that relates directly to and is necessary for the exercise of that police force’s powers under section 3.
5( 2) For the purpose of exercising the powers under section 3, a police force may collect directly or indirectly, from any person, information, including personal information, that relates directly to and is necessary for that purpose.
5( 3) Subject to section 17, a police force shall not use any information, including personal information, disclosed under subsection (1) or collected under subsection (2) for any purpose other than the exercise of its powers under section 3.
Agreements with other jurisdictions
6( 1) The Minister may enter into an agreement with the Government of Canada or the government of any other province or territory of Canada in relation to the sharing of information for the purposes of this Act or for legislation of the other jurisdiction that has a similar purpose.
6( 2) Subject to any provision in another Act, other than the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, the Minister may, for purposes consistent with the purposes of this Act, collect, use and disclose to a government with which it has entered into an agreement any information, including personal information, that relates directly to and the disclosure of which is necessary to comply with the agreement.
Conflict with the Right to Information and Protection of Privacy Act
7 If any provision of this Act or the regulations under this Act is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, the provision of this Act or of the regulations under this Act prevails.
Ombud’s powers and duties not limited
8 For greater certainty, nothing in this Act or the regulations under this Act shall be construed as limiting the powers and duties of the Ombud under the Right to Information and Protection of Privacy Act.
Applicant
9 Any person may make an application for disclosure of disclosure information if they
(a) believe they are at risk of intimate partner violence, or
(b) meet the criteria prescribed by regulation.
Application for disclosure information
10 An application for disclosure of disclosure information shall be made to the Minister on a form provided by the Minister.
Disclosure of disclosure information
11( 1) Any police force handling an application for disclosure information is authorized to disclose to the applicant, or a person referred to in subsection (2), disclosure information in accordance with the regulations and policies, standards, procedures and guidelines established by the Minister.
11( 2) The following persons may assist with or make an application for disclosure information on behalf of an applicant:
(a) a person who has the consent of the applicant, provided in accordance with the regulations; and
(b) a person or a member of a class of persons prescribed by regulation.
Potential applicant
12 If a police force reasonably believes that a person could benefit from an application for disclosure of disclosure information being made under section 9, it may advise the person, or a person referred to in subsection 11(2), of the identity of the person to whom the disclosure information may relate and provide them with information about the application process under this Act.
Policies, standards, procedures and guidelines
13( 1) The Minister may establish policies, standards, procedures and guidelines related to the collection, use and disclosure of information, including disclosure information, that are not inconsistent with this Act.
13( 2) The Minister shall cause to be published policies, standards, procedures and guidelines established under subsection (1) as soon as circumstances permit in a manner prescribed by regulation.
13( 3) The Regulations Act does not apply to policies, standards, procedures or guidelines established under subsection (1).
Obligations regarding disclosure information
14( 1) A person to whom disclosure information is disclosed under section 11
(a) shall comply with the terms and conditions prescribed by regulation for safeguarding the information, and
(b) shall not disclose the information to any other person unless
( i) the person to whom the disclosure information relates has provided consent to the further disclosure, or
( ii) the disclosure is required or authorized under this Act or another law.
14( 2) An applicant and any person referred to in subsection 11(2) may share that disclosure information with each other.
Non-compellability
15( 1) A police force or a member or employee of a police force and the Minister or a delegate of the Minister are not compellable to
(a) give evidence in any proceeding of a judicial nature concerning information that comes to their knowledge in accordance with this Act, or
(b) produce any file, information, report, correspondence or other document relating to the administration of this Act.
15( 2) Subsection (1) does not apply for the purposes of a judicial review proceeding relating to this Act.
Confidentiality and privileged information
16( 1) A person shall not disclose any disclosure information that comes to their knowledge under this Act unless the person is authorized under this Act or is otherwise authorized by law to do so.
16( 2) Subject to subsection (3), the name of an applicant and any other information that would identify the applicant is privileged information of the applicant.
16( 3) Information referred to in subsection (2) may be disclosed if the Minister so directs.
Other uses or disclosures authorized by law
17 Nothing in this Act prevents a police force from using or disclosing any information, including disclosure information, that the police force is otherwise authorized by law to use or disclose.
Immunity
18 No action or other proceeding lies or shall be instituted against the Crown in right of the Province, the Minister, a delegate of the Minister, a police force, a member or employee of a police force or any other person for any loss or damage suffered by a person by reason of anything done or purported to be done in good faith or by reason of anything omitted to be done in good faith in the exercise or intended exercise of a power or duty under this Act.
Administration
19 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
Regulations
20 The Lieutenant-Governor in Council may make regulations
(a) prescribing information or a class of information for the purpose of the definition “disclosure information” in section 1;
(b) prescribing provisions of this Act for the purpose of section 2;
(c) prescribing persons or classes of persons exempt from this Act or any of its provisions for the purpose of paragraph 2(a);
(d) prescribing the circumstances in which this Act or any of its provisions do not apply for the purpose of paragraph 2(b);
(e) prescribing purposes relating to the disclosure, collection and use of information for the purpose of paragraph 3(d);
(f) prescribing criteria for the purpose of section 9;
(g) respecting the disclosure, collection and use of disclosure information, including, but not limited to,
( i) the analysis of disclosure information, including factors to be considered, and the establishment of risk levels,
( ii) the nature or type of information that may be disclosed,
( iii) the manner in which disclosure information is to be disclosed,
( iv) the procedure for handling applications for disclosure information and the rules for the disclosure, collection and use of the disclosure information,
( v) the retention, correction and disposal of the disclosure information;
(h) respecting the manner and form of consent of the applicant for the purpose of paragraph 11(2)(a);
(i) prescribing the persons or classes of persons who may assist an applicant with an application or make an application on behalf of an applicant for the purpose of paragraph 11(2)(b);
(j) prescribing the manner of publication of policies, standards, procedures and guidelines established by the Minister for the purpose of subsection 13(2);
(k) prescribing terms and conditions for the safeguarding of information for the purpose of paragraph 14(1)(a);
(l) defining any word or expression used in but not defined in this Act;
(m) respecting any other matter that may be necessary for the proper administration of this Act.
Commencement
21 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.