NLR 83/23 - Interpersonal Violence Disclosure Protocol Regulations under the Interpersonal Violence Disclosure Protocol Act

NEWFOUNDLAND AND LABRADOR REGULATION 83/23 Interpersonal Violence Disclosure Protocol Regulations under the Interpersonal Violence Disclosure Protocol Act (O.C. 2023-246) Amended: 2024 c23 s41 2024 cN-5.1 s75 Interpersonal Violence Disclosure Protocol Regulations under the Interpersonal Violence Disclosure Protocol Act (O.C. 2023-246) (Filed November 1, 2023) Under the authority of section 9 of the Interpersonal Violence Disclosure Protocol Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, October 20, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Applicants 4. Disclosure information 5. Person at risk 6. Application on behalf of applicant 7. Protocol adopted 8. Commencement Short title 1. These regulations may be cited as the Interpersonal Violence Disclosure Protocol Regulations . 83/23 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Interpersonal Violence Disclosure Protocol Act ; (b) "department" means the department presided over by the minister; (c) "interpersonal violence" means actual or threatened acts of violence in an intimate partner relationship that may include a single act of violence or a number of acts forming a pattern of abuse and includes one or more of the following: ( i ) physical abuse, (ii) sexual abuse, (iii) criminal harassment, (iv) threats to harm children, other family members or pets, (v) property damage, (vi) exerting control over an individual's movements, communications or finances, and (vii) emotional and psychological abuse; (d) "intimate partner relationship" means a current or former relationship between 2 people that can be reasonably characterized as being physically or emotionally intimate, or both; and (e) "parent" means (i) the father or mother of a child by birth, (ii) a person who has adopted a child under the Adoption Act, 2013 , (iii) a person having lawful custody of a child, and (iv) a person who has demonstrated a settled intention to treat a child as a child of the person’s family, other than under an arrangement where the child is placed in a foster home for consideration by a person having lawful custody of the child. 83/23 s2 Back to Top Applicants 3. For the purposes of subparagraph 2(a)(ii) of the Act, applicant means (a) the parent of an individual where (i) t he parent considers that there is a risk of interpersonal violence to the individual, and (ii) the individual is under 16 years of age; or (b) the guardian of an individual where (i) t he guardian considers that there is a risk of interpersonal violence to the individual, and (ii) the individual h as been declared to lack capacity by a court of competent jurisdiction. 83/23 s3 Back to Top Disclosure information 4. For the purposes of paragraph 2(b) of the Act, disclosure information means the level of risk of interpersonal violence faced by the applicant or person at risk and may include personal information respecting the person to whom the information relates. 83/23 s4 Back to Top Person at risk 5. For the purposes of paragraph 2(f) of the Act, a person at risk means (a) an individual who has been determined by a police force to be at risk of interpersonal violence; (b) the parent of an individual referred to in paragraph (a) where that individual is under 16 years of age; or (c) the guardian of an individual referred to in paragraph (a) where that individual has been declared to lack capacity by a court of competent jurisdiction. 83/23 s5 Back to Top Application on behalf of applicant 6. For the purposes of subsection 3(2) of the Act, the following individuals or classes of individuals may, with the written consent of the applicant, assist with or make an application on behalf of the applicant in accordance with the Interpersonal Violence Disclosure Protocol: (a) an individual selected by the applicant; (b) a member as defined in the Law Society Act, 1999 ; (c) a member of a police force; (d) a medical practitioner as defined in the Medical Act, 2011 ; (e) a registered nurse, registered psychiatric nurse or nurse practitioner as defined in the Nurses Act ; (f) a registered psychologist as defined in the Psychologists Act, 2005 ; (g) a social worker registered under the Social Workers Act ; (h) a representative of an Indigenous government or organization where the person at risk is Indigenous; or (i) a representative of an agency or organization that assists and supports persons at risk. 83/23 s6 ; 2024 c23 s41 ; 2024 cN-5.1 s75 Back to Top Protocol adopted 7. (1) For the purposes of the Act and these regulations, the "Interpersonal Violence Disclosure Protocol" prepared by the department dated November 2, 2023, as amended from time to time, is adopted as the Interpersonal Violence Disclosure Protocol. (2) The minister shall cause the Interpersonal Violence Disclosure Protocol to be made public in a manner that the minister considers appropriate, including publishing it on the department website. 83/23 s7 Back to Top Commencement 8. These regulations come into force on the day that the Act comes into force. 83/23 s8