Adult Abuse Registry Regulation

Adult Abuse Registry Regulation, M.R. 164/2012 The Adult Abuse Registry Act , C.C.S.M. c. A4 Regulation 164/2012 Registered December 17, 2012 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Committee members 3 Record of meetings 4 Rules of practice and procedure 5 Persons attending meetings 6 Panel members 7 Quorum 8 Opportunity to provide information to committee 9 Responding to notice 10 Committee voting 11 Reasons required 12 Giving report to specified adult 13 Giving registrar additional information 14 Notice of intent to register 15 Particulars of abuse or neglect 16 Fees and fee exemptions 17 Coming into force Schedule (Forms) DEFINITIONS Definitions 1 The following definitions apply in this regulation. "abuse" means (a) in relation to a vulnerable person, abuse as defined in The Vulnerable Persons Living with a Mental Disability Act ; and (b) in relation to a patient, abuse as defined in The Protection for Persons in Care Act . (« mauvais traitements ») "Act" means, unless the context otherwise requires, The Adult Abuse Registry Act . («  Loi  ») "designated Act" means (a) The Vulnerable Persons Living with a Mental Disability Act ; or (b) The Protection for Persons in Care Act . (« loi désignée ») "designated officer" means (a) with respect to The Vulnerable Persons Living with a Mental Disability Act , an executive director appointed under that Act; and (b) with respect to The Protection for Persons in Care Act , the minister responsible for that Act, or a delegate of the minister referred to in section 14 of that Act who performs duties and exercises powers under subsection 8.2(1) of that Act. (« fonctionnaire désigné ») "neglect" means (a) in relation to a vulnerable person, neglect as defined in The Vulnerable Persons Living with a Mental Disability Act ; and (b) in relation to a patient, neglect as defined in The Protection for Persons in Care Act . (« négligence ») "patient" means a patient as defined in The Protection for Persons in Care Act . (« patient ») "specified adult" means (a) with respect to The Vulnerable Persons Living with a Mental Disability Act , a vulnerable person; and (b) with respect to The Protection for Persons in Care Act , a patient. (« adulte visé ») "vulnerable person" means a vulnerable person as defined in The Vulnerable Persons Living with a Mental Disability Act . (« personne vulnérable ») ADULT ABUSE REGISTRY COMMITTEE Members Committee members 2(1) The committee is to consist of a maximum of 30 members. 2(2) In addition to meeting the criteria in clauses 4(2)⁠(a) and (b) of the Act, committee members are to be (a) law enforcement officers; (b) lawyers; (c) health professionals; (d) persons with experience in providing care or services to specified adults; (e) other persons who the Lieutenant Governor in Council considers appropriate. Practice and Procedures of Committee Record of meetings 3 Subject to the provisions of The Archives and Recordkeeping Act , the committee must maintain a record of the meetings held to review reports received under section 17 of the Act including, for each meeting, (a) a list of the persons who attended; (b) copies of all records submitted to or obtained by the committee for the purposes of section 21 of the Act; and (c) a list of the reports from designated officers that were reviewed and the decisions made with respect to each report. Rules of practice and procedure 4 The committee must consult with the responsible minister before adopting or amending rules of practice and procedure. Persons attending meetings 5 The designated officer or his or her delegate may attend that portion of a committee meeting that pertains to a report of abuse or neglect provided by that designated officer to the committee under a designated Act. Panels Panel members 6(1) The committee must sit in panels composed of three members when reviewing reports from designated officers under section 17 of the Act. 6(2) The members of a panel are to be as representative as possible of the groups that comprise the membership of the committee, as set out in subsection 2(2). 6(3) The chair of the committee is to appoint a chair of the panel from the committee members assigned to a panel. M.R. 115/2017 Quorum 7 The quorum of a panel is three members. Notice of Opportunity to Provide Information to the Committee Opportunity to provide information to committee 8(1) For the purposes of section 19 of the Act, the committee must give the person who is suspected of abusing or neglecting a specified adult a Notice of Opportunity to Provide Information in Form AAR-1 of the Schedule. 8(2) A notice given under subsection (1) must be given by (a) leaving a copy of the notice with the person; or (b) sending a copy of the notice by registered mail to the last known address of the person. 8(3) A notice given by registered mail under clause (2)⁠(b) is presumed, unless the contrary is proved, to have been received by the person on the date of receipt shown on the confirmation of delivery receipt from Canada Post Corporation. 8(4) Where an attempt is made to give the person the notice in accordance with clause (2)⁠(a) or (b) and for any reason the notice cannot be given in accordance with those provisions, the notice may be given by (a) leaving a copy, in a sealed envelope addressed to the person at the person's last known address, with a person who appears to be an adult residing at the same address; and (b) on the same day or the following day mailing another copy of the document to the person at his or her last known address by ordinary mail. When the notice is given in this manner, it is effective on the fifth day after it is mailed. 8(5) An affidavit of service in Form AAR-2 of the Schedule must be completed when a notice is given under this section. 8(6) Despite the fact that the notice is not given as provided by this section, it is sufficiently given if it actually came to the attention of the person to whom it was intended to be given. M.R. 115/2017 Responding to notice 9 If a person who is given a Notice of Opportunity to Provide Information wishes to provide information to the committee, the person's response must be received by the committee within 30 days after the date the notice was given to the person. Committee voting 10 The opinions of the committee with respect to the matters set out in subsection 22(1) of the Act must be decided by a majority of the votes cast by committee members who are present at a meeting, provided that at least two members of the committee vote with the majority. M.R. 115/2017 Reasons required 11 The committee must record the reasons for its opinions under subsection 22(1) of the Act. Giving Report to Specified Adult Giving report to specified adult 12 For the purpose of subsection 22(2) of the Act, if the designated officer who provided a report to the committee is of the opinion that the information contained in the committee's report may cause the specified adult undue stress, (a) the committee's report must not be given to the specified adult; and (b) the designated officer must identify the person who is to be given the report on behalf of the specified adult. Giving Registrar Additional Information Giving registrar additional information 13 For the purpose of subsection 22(3) of the Act, the committee must give the registrar the following information about the person whose name is to be entered in the registry, if available: (a) the person's (i) address, (ii) gender, (iii) any other names, including maiden name, (iv) driver's licence number and jurisdiction, and (v) occupation; (b) in addition to the information set out in clause (a), if necessary to correctly identify the person, the person's social insurance number and personal health information number; (c) the law enforcement incident report number, if any. Notice of Intent to Register Person on Adult Abuse Registry Notice of intent to register 14(1) The registrar must give the person whose name the registrar intends to enter in the registry a Notice of Intended Entry on the Adult Abuse Registry in Form AAR-3 of the Schedule by (a) leaving a copy of the notice with the person; or (b) sending a copy of the notice by registered mail to the last known address of the person. 14(2) Subsections 8(3) to (6) apply when a notice is given under subsection (1), with necessary changes. PARTICULARS OF ABUSE OR NEGLECT Particulars of abuse or neglect 15 For the purposes of sections 21, 22, 26, 29, 32, 33 and 37 of the Act, the following are the particulars of the abuse or neglect: (a) the name of person responsible for the abuse or neglect; (b) the nature and details of the abuse or neglect; (c) the time frame within which the abuse or neglect occurred; (d) the relationship of the person responsible for the abuse or neglect to the specified adult who was abused or neglected. FEES AND FEE EXEMPTIONS Fees and fee exemptions 16(1) Subject to subsection (2), the fee for an adult abuse registry check is $20. The fee for each additional check requested in the same application is $5. 16(2) No fee is payable for the following applications for an adult abuse registry check: (a) an application made by a designated officer under subsection 41(2) of the Act, with respect to a designated Act; (b) an application made by a peace officer under subsection 41(3) of the Act; (c) an application made by a person under subsection 41(4) of the Act to assess a person who is a student trainee, in a work placement program or whose work is unpaid; (d) an application to assess an individual who is applying under The Social Services Administration Act to operate a residential care facility under a letter of approval as a host family home; (e) an application made by the chief medical examiner or one of his or her employees for the purpose of carrying out the duties of a medical examiner under The Fatality Inquiries Act ; (f) an application made by a person with respect to that person's application to be appointed as a substitute decision maker for a vulnerable person under The Vulnerable Persons Living with a Mental Disability Act . M.R. 115/2017 COMING INTO FORCE Coming into force 17(1) Subject to subsection (2), this regulation comes into force on the same day that The Adult Abuse Registry Act and Amendments to The Vulnerable Persons Living with a Mental Disability Act , S.M. 2011, c. 26, comes into force. 17(2) The following provisions in section 1 come into force on the same day that The Protection for Persons in Care Amendment Act , S.M. 2012, c. 16, comes into force: (a) clause (b) of the definition "abuse"; (b) clause (b) of the definition "designated Act"; (c) clause (b) of the definition "designated officer"; (d) clause (b) of the definition "neglect"; (e) the definition "patient"; (f) clause (b) of the definition "specified adult". SCHEDULE (Sections 8 and 14) FORMS Form AAR-1 Notice of Opportunity to Provide Information Form AAR-2 Affidavit of Service of Notice of Opportunity to Provide Information Form AAR-3 Notice of Intended Entry on the Adult Abuse Registry