Disclosure to Protect Against Intimate Partner Violence Regulation

Disclosure to Protect Against Intimate Partner Violence Regulation, M.R. 122/2025 The Disclosure to Protect Against Intimate Partner Violence Act , C.C.S.M. c. D78 Regulation 122/2025 Registered December 19, 2025 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application for disclosure information 3 Application on behalf of another person 4 Alternate decision maker may apply 5 Director to provide information, referrals 6 Designation of police service 7 Police to review records 8 Obtaining information from other sources 9 Risk assessment tool 10 Information used for risk assessment 11 Accuracy of information 12 Disclosure information 13 Authorized disclosures 14 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Disclosure to Protect Against Intimate Partner Violence Act . («  Loi  ») "alternate decision maker" means a person other than a parent or guardian who has been confirmed in writing by an Indigenous service provider as defined in The Child and Family Services Act , or by a child and family services agency in accordance with section 15.1 of that Act, to be responsible for making decisions in respect of a child. (« autre personne responsable de la prise de décisions ») "designated police service" means a police service designated by the director under section 5 of the Act in respect of an application for disclosure information. (« service de police désigné ») "representative" means a person who is authorized to apply for disclosure information on behalf of another person under subsection 3(2) of the Act. (« représentant ») "subject" means the person who may pose a risk of intimate partner violence to an applicant or to a person on whose behalf a representative has applied. (« partenaire intime visé ») APPLICATION FOR DISCLOSURE INFORMATION Application for disclosure information 2 A person who applies to the director to receive disclosure information on their own behalf must provide sufficient information (a) to enable the director to identify the subject; (b) to demonstrate that the subject is or was an intimate partner of the applicant; and (c) explaining why the applicant believes the subject poses a risk of intimate partner violence to them. Application on behalf of another person 3(1) A representative who applies to the director to receive disclosure information must provide sufficient information (a) to enable the director to identify the subject; (b) to demonstrate that the subject is or was an intimate partner of the person on whose behalf the representative is applying; and (c) explaining why the representative believes the subject poses a risk of intimate partner violence to the person on whose behalf the representative is applying. Proof of authority to apply 3(2) The representative must provide proof, satisfactory to the director, of their authority to act and any additional information that the director may require. Alternate decision maker may apply 4 For the purpose of clause 3(2)⁠(d) of the Act, an alternate decision maker for a child may apply for disclosure on behalf of the child where, in the opinion of the director, making the application would not be an unreasonable invasion of the child's privacy. Director to provide information, referrals 5 If the information provided to the director in support of an application under section 2 or 3 is not sufficient for the director to proceed with the application, the director must nonetheless make reasonable efforts to (a) in the case of a person who applied under section 2, provide the person with information about resources available to a person at risk of intimate partner violence and refer the person to appropriate supports and services; and (b) in the case of a representative who applied under section 3, provide the representative and the person on whose behalf the representative applied with information about resources available to a person at risk of intimate partner violence and refer them both to appropriate supports and services. DESIGNATION OF POLICE SERVICE Designation of police service 6 When designating a police service under section 5 of the Act, the director must designate the police service with jurisdiction in the place where the applicant resides or where the person on whose behalf the representative applies resides unless the director is of the opinion that in the circumstances it is more appropriate to designate a different police service. OBTAINING RELEVANT INFORMATION Police to review records 7(1) After receiving a copy of an application for disclosure information, the designated police service (a) must review any records in its possession that may contain information about the conduct of the subject that is relevant to the assessment of the risk of intimate partner violence the subject poses to the applicant or to the person on whose behalf the representative has applied; and (b) may request information from another police service about the conduct of the subject that is relevant to the assessment of the risk of intimate partner violence the subject poses to the applicant or to the person on whose behalf the representative has applied. Disclosure by police to director 7(2) The designated police service may, in accordance with subsection (3), disclose to the director information that is relevant to the assessment of the risk of intimate partner violence. Requirements when police service discloses information 7(3) When disclosing information to the director under subsection (2), the designated police service must (a) limit the information disclosed to the minimum amount necessary to properly conduct the assessment of the risk of intimate partner violence; and (b) ensure that the disclosure is not explicitly prohibited by another law. Obtaining information from other sources 8 A designated police service or the director may request that a person or an entity other than a police service provide information about the conduct of the subject if the designated police service or the director believes that the person or entity possesses information that is relevant to the assessment of the risk of intimate partner violence the subject poses to the applicant or to the person on whose behalf the representative has applied. ASSESSING RISK Risk assessment tool 9(1) In conducting an assessment of risk under subsection 6(1) of the Act, a designated police service and the director must use one or more evidenced-based risk assessment tools with proven validity for assessing whether a person is at risk of intimate partner violence. Information about risk assessment tools to be made public 9(2) The director must make information identifying the risk assessment tools used to conduct risk assessments under the Act available to the public. Information used for risk assessment 10 In conducting an assessment of risk under subsection 6(1) of the Act, a designated police service and the director must only use information that is relevant to the assessment of risk based on the criteria or parameters of a risk assessment tool being used in respect of the application. Accuracy of information 11 A designated police service and the director must take reasonable steps to ensure that any information used in conducting a risk assessment under subsection 6(1) of the Act is accurate and not misleading and, for that purpose, must ensure any of the following factors that are relevant in the circumstances are considered: (a) the source of the information and the source's reliability; (b) the date the information was gathered and when the conduct occurred; (c) whether the information is fact- or opinion-based; (d) the presence of corroborating or contradictory information; (e) whether the information led to a charge or conviction and, if the information did not lead to a conviction, the reason why, if known; (f) the number of incidents, including whether the conduct appears to have been repeated with more than one partner; (g) the connection of the incidents to intimate partner violence. DISCLOSURE INFORMATION Disclosure information 12 For the purpose of subsection 7(1) of the Act, disclosure information must be limited to information necessary to communicate the risk of intimate partner violence faced by the applicant or the person on whose behalf the representative has applied and may include the following: (a) a clear and understandable listing and general time frame of the subject's convictions for (i) offences that constitute intimate partner violence, and (ii) offences that do not constitute intimate partner violence but which are relevant to the risk of intimate partner violence; (b) a clear and understandable summary of the available information related to the risk of intimate partner violence, which may include information about (i) the convictions referred to in clause (a), and (ii) other conduct of the subject, including any pattern of behaviour relevant to the risk of intimate partner violence. Authorized disclosures 13(1) A person who receives disclosure information under subsection 7(1) or clause 7(2)⁠(b) of the Act may share the information with (a) a person authorized to practise law in Canada; (b) a physician, a psychologist or psychological associate, a registered nurse, registered psychiatric nurse or nurse practitioner, or a registered social worker, authorized to practise in Canada; (c) a person who provides counselling services, including a community elder, a spiritual counsellor or counsellor who is providing culturally specific services to the applicant or the person on whose behalf a representative has applied; or (d) in the case of a person who is under 18 years of age who received the disclosure information under subsection 7(1) of the Act, the person's parent, guardian or alternate decision maker. Notice of confidentiality obligations 13(2) Before sharing disclosure information under subsection (1), the person sharing the information must advise the person receiving the information about the confidentiality obligations under section 13 of the Act. COMING INTO FORCE Coming into force 14 This regulation comes into force on the same day that The Disclosure to Protect Against Intimate Partner Violence Act , S.M. 2022, c. 44, comes into force.