Disclosure of information by professional person
35.1(1)A professional person may disclose information to the Minister respecting a person whom the professional person has reason to believe is a neglected adult or an abused adult, including information that has been acquired through the discharge of the professional person’s duties or within a professional relationship.
35.1(2)No action lies against a professional person who in good faith provides information to the Minister under subsection (1).
35.1(2.1)No action shall be commenced against a person in relation to the providing of information to the Minister under this section except with leave of the court.
35.1(2.2)An application for leave shall be commenced by a Notice of Application served on the respondent and the Minister in accordance with the Rules of Court.
35.1(2.3)On an application for leave, leave shall be granted only if the applicant establishes, by affidavit or otherwise, a
prima facie case that the person who provided the information to the Minister did not provide the information in good faith.
35.1(2.4)If leave is not granted, the court may order the applicant to pay all or any portion of the costs of the application.
35.1(2.5)An action against a person in relation to providing information to the Minister under this section is a nullity if the action is commenced without the leave of the court.
35.1(3)Except in the course of judicial proceedings, no person shall reveal the identity of a person who has given information under subsection (1) without that person’s written consent.
35.1(4)Any person who violates subsection (3) commits an offence.
35.1(5)For the purposes of this section
“professional person” means a worker in any adult day care center or residential or institutional facility, a vocational counsellor or trainer, an educator, a physician, a nurse, dentist or other health or mental health professional, a hospital administrator, a social work administrator, social worker or other social service professional, a police or law enforcement officer, a psychologist, a guidance counsellor or a recreational services administrator or worker and includes any other person who by virtue of his employment or occupation has a responsibility to discharge a duty of care towards an elderly person or a disabled adult.(professionnel)
1990, c.25, s.3; 1998, c.40, s.3; 2016, c.37, s.66; 2019, c.2, s.54