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P-34.1 - Youth Protection Act

Section 72.7
Disposition versions

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72.7. If there is reasonable cause to believe that the security or development of a child is in danger on any of the grounds set out in subparagraph b, d or e of the second paragraph of section 38, the director or the Commission, according to their respective powers, may, to ensure the protection of the child or of another child, disclose confidential information regarding the situation to the Director of Criminal and Penal Prosecutions or to a police force without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal. The disclosure must be limited to the information required to facilitate their intervention with regard to the reported situation. If the director or Commission considers it appropriate, he or it may also, for the same purpose, disclose such information to the Minister of Families or an institution or body called on to cooperate with the director, including an institution or body that ensures the coordination of the concerted intervention with regard to the reported situation.
The director or the Commission may also disclose confidential information related to the situation that gave rise to the disclosure to the Director of Criminal and Penal Prosecutions, the Minister of Families or such an institution or body without the consent of the person to whom it relates or an order of the tribunal if such information is necessary for the exercise of their duties and responsibilities. Such a disclosure may be made until the end of the director’s intervention in respect of the child.
The provisions of this section apply notwithstanding section 72.5 of this Act and notwithstanding subparagraphs 1, 3 and 4 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
For the purposes of this section, a home educational childcare coordinating office within the meaning of the Educational Childcare Act (chapter S-4.1.1) is considered a body.
1994, c. 35, s. 45; 2001, c. 78, s. 11; 2005, c. 34, s. 85; 2006, c. 34, s. 38; 2017, c. 18, s. 44; 2022, c. 9, s. 97; 2022, c. 11, s. 43.
72.7. If there is reasonable cause to believe that the security or development of a child is in danger on any of the grounds set out in subparagraph b, d or e of the second paragraph of section 38, the director or the Commission, according to their respective powers, may, to ensure the protection of the child or of another child, disclose confidential information regarding the situation to the Director of Criminal and Penal Prosecutions or to a police force without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal. The disclosure must be limited to the information required to facilitate their intervention with regard to the reported situation. If the director or Commission considers it appropriate, he or it may also, for the same purpose, disclose such information to the Minister of Families or an institution or body exercising a responsibility in respect of the child concerned.
The director or the Commission may also disclose confidential information related to the situation that gave rise to the disclosure to the Director of Criminal and Penal Prosecutions, the Minister of Families or such an institution or body without the consent of the person to whom it relates or an order of the tribunal if such information is necessary for the exercise of their duties and responsibilities. Such a disclosure may be made until the end of the director’s intervention in respect of the child.
The provisions of this section apply notwithstanding section 72.5 of this Act and notwithstanding subparagraphs 1, 3 and 4 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
For the purposes of this section, a home educational childcare coordinating office within the meaning of the Educational Childcare Act (chapter S-4.1.1) is considered a body.
1994, c. 35, s. 45; 2001, c. 78, s. 11; 2005, c. 34, s. 85; 2006, c. 34, s. 38; 2017, c. 18, s. 44; 2022, c. 9, s. 97.
72.7. If there is reasonable cause to believe that the security or development of a child is in danger on any of the grounds set out in subparagraph b, d or e of the second paragraph of section 38, the director or the Commission, according to their respective powers, may, to ensure the protection of the child or of another child, disclose confidential information regarding the situation to the Director of Criminal and Penal Prosecutions or to a police force without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal. The disclosure must be limited to the information required to facilitate their intervention with regard to the reported situation. If the director or Commission considers it appropriate, he or it may also, for the same purpose, disclose such information to the Minister of Families or an institution or body exercising a responsibility in respect of the child concerned.
The director or the Commission may also disclose confidential information related to the situation that gave rise to the disclosure to the Director of Criminal and Penal Prosecutions, the Minister of Families or such an institution or body without the consent of the person to whom it relates or an order of the tribunal if such information is necessary for the exercise of their duties and responsibilities. Such a disclosure may be made until the end of the director’s intervention in respect of the child.
The provisions of this section apply notwithstanding section 72.5 of this Act and notwithstanding subparagraphs 1, 3 and 4 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
For the purposes of this section, a home childcare coordinating office within the meaning of the Educational Childcare Act (chapter S-4.1.1) is considered a body.
1994, c. 35, s. 45; 2001, c. 78, s. 11; 2005, c. 34, s. 85; 2006, c. 34, s. 38; 2017, c. 18, s. 44.
72.7. If there is reasonable cause to believe that the security or development of a child is in danger on any of the grounds set out in subparagraph b, if the physical or mental health of the child is concerned, d or e of the second paragraph of section 38, the director or the Commission, according to their respective powers, may, to ensure the protection of the child or of another child, report the situation to the Director of Criminal and Penal Prosecutions or to a police force without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal. Upon deciding it is appropriate to do so, the director or the Commission may also provide information to an institution or a body exercising a responsibility in respect of the child concerned.
The provisions of this section apply notwithstanding section 72.5 of this Act and notwithstanding subparagraphs 1, 3 and 4 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
For the purposes of this section, a home childcare coordinating office within the meaning of the Educational Childcare Act (chapter S-4.1.1) is considered a body.
1994, c. 35, s. 45; 2001, c. 78, s. 11; 2005, c. 34, s. 85; 2006, c. 34, s. 38.
72.7. If there is reasonable cause to believe that the security or development of a child is in danger on any of the grounds set out in subparagraph c or g of the first paragraph of section 38, the director or the Commission, according to their respective powers, may, to ensure the protection of the child or of another child, report the situation to the Director of Criminal and Penal Prosecutions or to a police force without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal.
The provisions of this section apply notwithstanding section 72.5 of this Act and notwithstanding subparagraphs 1, 3 and 4 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
1994, c. 35, s. 45; 2001, c. 78, s. 11; 2005, c. 34, s. 85.
72.7. If there is reasonable cause to believe that the security or development of a child is in danger on any of the grounds set out in subparagraph c or g of the first paragraph of section 38, the director or the Commission, according to their respective powers, may, to ensure the protection of the child or of another child, report the situation to the Attorney General or to a police force without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal.
The provisions of this section apply notwithstanding section 72.5 of this Act and notwithstanding subparagraphs 1, 3 and 4 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
1994, c. 35, s. 45; 2001, c. 78, s. 11.
72.7. Notwithstanding the provisions of section 72.5, if there are reasonable grounds to believe that the security or development of a child is in danger on any of the grounds set out in subparagraph c or g of the first paragraph of section 38, the director or the Commission, according to their respective powers, may, to ensure the protection of the child or of another child, report the situation to the Attorney General or to a police force without it being necessary to obtain the authorization of the person to whom it relates or an order of the tribunal where
(1)  the disclosure is necessary owing to the urgency or gravity of the situation; or
(2)  there are reasonable grounds to believe that the security or development of the child is endangered by any person other than the child’s parents.
The provisions of this section apply notwithstanding subparagraphs 1, 3 and 4 of the second paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
1994, c. 35, s. 45.
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