Protecting and Supporting Children (Information Sharing) Regulation

Protecting and Supporting Children (Information Sharing) Regulation, M.R. 121/2017 The Protecting and Supporting Children (Information Sharing) Act , C.C.S.M. c. P143.5 Regulation 121/2017 Registered September 14, 2017 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Definition of "supported child" 3 Informing supported children, parents and guardians re disclosure 4 Provision deemed in funding agreement 5 Protection of records 6 Coming into force Definitions 1(1) The following definitions apply in this regulation and in the Act. " funding " includes payment by way of fee for services rendered. (« financement ») " victim support services " includes support services provided by or on behalf of the government for (a) victims of crime; (b) witnesses involved in criminal prosecutions; (c) individuals and families who are affected by domestic violence as that term is used in The Domestic Violence and Stalking Act ; and (d) children who are sexually exploited or at risk of sexual exploitation. (« services de soutien aux victimes ») 1(2) The following definitions apply in this regulation, "Act" means The Protecting and Supporting Children (Information Sharing) Act . («  Loi  ») "record" means a record as defined in The Freedom of Information and Protection of Privacy Act . (« document ») M.R. 115/2025 Definition of "supported child" 2 For the purpose of clause (h) of the definition "supported child" in section 1 of the Act, a child is a supported child if the child or the child's family is receiving or entitled to receive family conciliation services provided by or on behalf of the government. Informing supported children, parents and guardians re disclosure 3(1) Subject to subsection (2), for the purpose of engaging a supported child's family in planning services or benefits for the child, a service provider or trustee may provide information to the child or to the child's parent or guardian about disclosures made under subsection 3(1) of the Act. 3(2) A service provider or trustee may provide information under subsection (1) only if (a) the service provider or trustee is of the opinion that providing the information is in the child's best interests; (b) the service provider or trustee is not explicitly prohibited by another law, including the Youth Criminal Justice Act (Canada), from disclosing the information; and (c) in the case of providing information to a child, (i) the child is 12 years of age or older, and (ii) the information is provided in a manner that is appropriate to the child's age and understanding. Provision deemed in funding agreement 4 Every agreement under which a service provider receives funding from the government or a government agency to provide services or benefits to supported children is deemed to contain a term requiring the service provider to comply with the Act and regulations under the Act. Protection of records 5(1) This section applies to a service provider referred to in clause (f) of the definition "service provider" in section 1 of the Act. 5(2) A service provider who obtains or creates a record containing information disclosed to the service provider under section 3(1) of the Act must (a) protect the information by making reasonable security arrangements against such risks as unauthorized access, use, disclosure or destruction; and (b) when the record is no longer required, destroy it in a manner that protects the privacy of the individual the information is about. 5(3) If this section is inconsistent or in conflict with a provision of another enactment, the provision that more completely protects the confidentiality of the information prevails. Coming into force 6 This regulation comes into force on the same day that The Protecting Children (Information Sharing) Act , S.M. 2016, c. 17, comes into force.