AI-assisted research summary: This regulation defines key terms and sets out who may give consent, who may be determined to be at risk, who may apply, and how police services or the Minister may collect information.
(no amdt) ALBERTA REGULATION 66/2021 Disclosure to Protect Against Domestic Violence (Clare's Law) Act DISCLOSURE TO PROTECT AGAINST DOMESTIC VIOLENCE REGULATION Table of Contents 1 Definitions 2 Provision of consent 3 Determination of persons at risk 4 Authorization to be an applicant 5 Collection of information 6 Adoption of disclosure protocol 7 Disclosure information Definitions 1 In this Regulation, (a) “domestic violence” means the actual or threatened use of force 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, without limitation, (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 or psychological abuse; (b) “intimate partner relationship” means a relationship between 2 people, regardless of gender, that can be reasonably characterized as being physically or emotionally intimate, or both; (c) “parent” means a parent as defined in the Family Law Act ; (d) “substitute decision maker”, in respect of an individual, means a person legally authorized to make specific decisions on behalf of the individual. Provision of consent 2 Consent for the purposes of section 3(2)(a) of the Act must be provided in writing by the applicant. Determination of persons at risk 3 An individual may be determined to be a person at risk if (a) a police service has reason to suspect that the individual is reasonably likely to be the victim of an act of domestic violence, (b) the individual has been determined to be at risk of domestic violence by way of a structured risk assessment process, (c) the individual is the parent of a person who is under the age of 18 and is an individual referred to in clause (a) or (b), or (d) the individual is a substitute decision maker for an individual referred to in clause (a) or (b). Authorization to be an applicant 4 The following individuals are authorized to be an applicant for the purposes of section 1(a)(ii) of the Act: (a) an individual who is in an intimate partner relationship with the person to whom the disclosure information relates; (b) the parent or guardian of an individual who is under the age of 18 and who makes an application on behalf of that individual; (c) the substitute decision maker for an individual who is authorized to be an applicant and who makes an application on behalf of that individual. Collection of information 5 Where a police service or the Minister collects information in accordance with section 2 of the Act, that information may be collected directly or indirectly. Adoption of disclosure protocol 6 The Disclosure to Protect Against Domestic Violence Act (Clare’s Law) Protocol , approved by the Minister on November 4, 2020, as amended from time to time, is adopted as the Disclosure Protocol for the purposes of the Act. Disclosure information 7 The information prescribed as disclosure information is (a) the level of risk faced by the person at risk, and (b) the context surrounding the risk faced by the person at risk.