C-37.4 - Act to authorize the communication of personal information to the families of Indigenous children who went missing or died after being admitted to an institution

Section 6 Disposition versions

2021-09-01

6. In response to a request for the communication of personal information, only the personal information that could shed light on the circumstances under which the child went missing or died, including information on facts that occurred after 31 December 1992, such as information on the child’s transfer to another institution and, if applicable, the fact that he or she was adopted, is communicated to the person who made the request.

If it is reasonable to believe that the person who could be a missing or deceased Indigenous child is still alive in light of the personal information held by an institution, body or religious congregation, the institution, body or religious congregation must try to obtain confirmation that he or she is still alive and information making it possible to locate him or her by inquiring with the Régie de l’assurance maladie du Québec. On receiving an inquiry to that effect from the institution, body or religious congregation, the Régie must send it the name, date of birth, sex, address and phone numbers entered in its register of insured persons for that person as well as, if applicable, that person’s date of death and address at the time of death.

The information communicated under the first and second paragraphs may be from, among other sources, a file concerning an adoption.

After receiving the information mentioned in the second paragraph, the institution, body or religious congregation processes the request for access according to the following rules:

(1)  if the person is still alive and has been located, the institution, body or religious congregation, after having contacted him or her, communicates the information referred to in the first paragraph, unless the person objects to its communication, in which case only the fact that he or she is still alive is communicated and, if applicable, that he or she was adopted;

(2)  if the person is still alive and the institution, body or religious congregation has taken all the necessary steps to contact him or her but has been unsuccessful, the information referred to in the first paragraph that does not pertain to facts that occurred after 31 December 1992 is communicated as well as the fact that he or she is still alive; or

(3)  if it is not possible to determine whether the person is still alive or if the verifications with the Régie reveal that he or she has died, the information referred to in the first paragraph is communicated.

For the purposes of subparagraph 1 of the third paragraph, the institution, body or religious congregation must inform the person of his or her right to object to the communication of the information, except the fact that he or she is still alive and, if applicable, that he or she was adopted.

The institution, body or religious congregation may communicate any other information about that person, with his or her consent, to the person who made the request for access.

2021, c. 16, s. 6.

Not in force

In force: 2021-09-01

6. In response to a request for the communication of personal information, only the personal information that could shed light on the circumstances under which the child went missing or died, including information on facts that occurred after 31 December 1992, such as information on the child’s transfer to another institution and, if applicable, the fact that he or she was adopted, is communicated to the person who made the request.

If it is reasonable to believe that the person who could be a missing or deceased Indigenous child is still alive in light of the personal information held by an institution, body or religious congregation, the institution, body or religious congregation must try to obtain confirmation that he or she is still alive and information making it possible to locate him or her by inquiring with the Régie de l’assurance maladie du Québec. On receiving an inquiry to that effect from the institution, body or religious congregation, the Régie must send it the name, date of birth, sex, address and phone numbers entered in its register of insured persons for that person as well as, if applicable, that person’s date of death and address at the time of death.

The information communicated under the first and second paragraphs may be from, among other sources, a file concerning an adoption.

After receiving the information mentioned in the second paragraph, the institution, body or religious congregation processes the request for access according to the following rules:

(1)  if the person is still alive and has been located, the institution, body or religious congregation, after having contacted him or her, communicates the information referred to in the first paragraph, unless the person objects to its communication, in which case only the fact that he or she is still alive is communicated and, if applicable, that he or she was adopted;

(2)  if the person is still alive and the institution, body or religious congregation has taken all the necessary steps to contact him or her but has been unsuccessful, the information referred to in the first paragraph that does not pertain to facts that occurred after 31 December 1992 is communicated as well as the fact that he or she is still alive; or

(3)  if it is not possible to determine whether the person is still alive or if the verifications with the Régie reveal that he or she has died, the information referred to in the first paragraph is communicated.

For the purposes of subparagraph 1 of the third paragraph, the institution, body or religious congregation must inform the person of his or her right to object to the communication of the information, except the fact that he or she is still alive and, if applicable, that he or she was adopted.

The institution, body or religious congregation may communicate any other information about that person, with his or her consent, to the person who made the request for access.

2021, c. 16, s. 6.