Disclosure to Protect Against Domestic Violence (Clare's Law) Act

DISCLOSURE TO PROTECT AGAINST DOMESTIC VIOLENCE (CLARE’S LAW) ACT Chapter D‑13.5 Table of Contents 1 Definitions 2 Collection, use and disclosure of information 2.1 Threat assessments 2.2 Requiring information and access 3 Disclosure 4 Disclosure Protocol 5 Other obligations not affected 6 Commissioner’s powers and duties not limited 7 Immunity 8 Confidentiality 9 Non-compellability 10 Non-application of Act 11 Delegation 12 Regulations made by the Lieutenant Governor in Council 13 Regulations made by the Minister 14 Coming into force Preamble WHEREAS the Government of Alberta is committed to the prevention of domestic violence; WHEREAS the Government of Alberta recognizes that addressing domestic violence requires a range of prevention and protection measures; and WHEREAS individuals should have access to information to help them make informed choices and reduce the risk of harm; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “applicant” means an individual who applies for disclosure information and (i) believes that they are at risk of domestic violence, or (ii) is authorized to be an applicant in accordance with the regulations; (b) “disclosure information” means information prescribed as disclosure information in the regulations; (c) “Disclosure Protocol” means the Disclosure Protocol established in the regulations; (c.1) “health information” means health information within the meaning of the Health Information Act ; (d) “police service” means a police service as defined in the Police Act ; (e) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (f) “person at risk” means an individual who is determined to be a person at risk in accordance with the regulations. (g) “personal information” means personal information within the meaning of the Personal Information Protection Act or the Protection of Privacy Act , or both, as applicable; (h) “record” means any electronic record or other record in any form in which information, including personal information or health information, is contained or stored, including information in any written, graphic, electronic, digital, photographic, audio or other medium; (i) “threat assessment” means a threat assessment prepared under section 2.1. 2019 cD‑13.5 s1;2025 c18 s2 Collection, use and disclosure of information 2 (1) A police service or the Minister may collect, use or disclose personal information and records containing personal information for the purposes of (a) making a disclosure in accordance with section 3(1) or (3), (b) determining whether to make a disclosure in accordance with section 3(1) or (3), (c) determining whether a person is a person at risk in accordance with the regulations, or (d) any other purposes related to this Act identified in the regulations. (1.1) In addition to the collection, use and disclosure of personal information and records authorized by subsection (1), the Minister may collect, use or disclose personal information, health information and records for the purposes of preparing and disclosing a threat assessment under section 2.1. (2) If the Minister enters into an agreement with the Government of Canada or the government of any province or territory in relation to the sharing of information or records for the purposes of this Act or legislation that has similar purposes in the other jurisdiction, then a police service or the Minister may, in accordance with that agreement, collect, use or disclose (a) personal information or records containing personal information for the purposes referred to in subsection (1), and (b) personal information, health information or records for the purposes referred to in subsection (1.1). 2019 cD‑13.5 s2;2025 c18 s2 Threat assessments 2.1 (1) Subject to the regulations, the Minister may, in accordance with the regulations, if any, prepare a threat assessment that describes an individual’s risk of perpetrating violence and provides recommendations to mitigate the risk of violence. (2) The Minister may disclose a threat assessment for a purpose prescribed in the regulations to the following: (a) a department, branch or agency of the Government of Alberta or a department, branch or agency of the government of another jurisdiction in Canada; (b) a court with jurisdiction in Canada; (c) a police service in Alberta or another jurisdiction in Canada; (d) a correctional institution in Canada or a penitentiary within the meaning of the Corrections and Conditional Release Act (Canada); (e) a person, organization or entity identified in the regulations as a person to whom or an organization or entity to which a threat assessment may be disclosed. (3) A recipient of a threat assessment under subsection (2) shall comply with the terms and conditions set out in the regulations, if any. (4) If, in the course of preparing a threat assessment, the Minister determines that the subject of the threat assessment poses an imminent risk of danger to an individual, the Minister may, prior to completing the threat assessment, disclose to a person to whom or an organization or entity to which a threat assessment may be disclosed under subsection (2) information, including personal information or health information, or a record (a) collected under section 2(1.1), (b) received or accessed under section 2.2, or (c) created in the course of preparing the threat assessment under this section. 2025 c18 s2 Requiring information and access 2.2 (1) Subject to the regulations, if any, the Minister may require a person, organization or entity referred to in subsection (4) to (a) provide the Minister with information, including personal information and health information, or records that the Minister considers necessary to prepare a threat assessment, or (b) authorize the Minister to access on an ongoing basis information, including personal information and health information, or records that the Minister considers necessary to prepare a threat assessment. (2) The person, organization or entity shall, in accordance with the regulations, if any, provide the required information or records to the Minister or authorize the Minister to access the required information or records within the period set out in the regulations or, if the regulations do not set out a period, within a reasonable period. (3) If the person, organization or entity fails to provide the required information or records or fails to authorize the Minister to access the required information or records within the period set out in the regulations or, if the regulations do not set out a period, within a reasonable period, the Minister may, in accordance with the regulations, take necessary measures to collect the required information or records from the person, organization or entity. (4) For the purposes of this section, the Minister may require the following to provide information, including personal information and health information, or records or to authorize the Minister to access information, including personal information and health information, or records: (a) another department, branch or agency of the Government of Alberta; (b) a police service; (c) a person, organization or entity identified in the regulations as a person to whom or an organization or entity to which this section applies. 2025 c18 s2 Disclosure 3 (1) A police service may provide disclosure information to an applicant or a person referred to in subsection (2) in accordance with the Disclosure Protocol. (2) Subject to the Disclosure Protocol, the following persons may assist with an application for disclosure information or make an application for disclosure information on behalf of an applicant: (a) a person who has the consent of the applicant, provided in the manner required by the regulations; (b) any other person who is authorized by the regulations to assist with an application or make an application on behalf of an applicant. (3) A police service may provide disclosure information to a person at risk in accordance with the Disclosure Protocol, regardless of whether or not the person at risk applies for disclosure information. (4) Every person who receives disclosure information pursuant to this section shall comply with the terms and conditions of the Disclosure Protocol. Disclosure Protocol 4 The Disclosure Protocol must include the following: (a) terms and conditions for safeguarding disclosure information received by persons at risk; (b) terms and conditions prohibiting the subsequent use or disclosure of the disclosure information for purposes not related to this Act unless (i) the person to whom the disclosure information relates has provided consent, or (ii) the disclosure is required or authorized by law. Other obligations not affected 5 (1) Nothing in this Act prevents a police service from disclosing information, including disclosure information, or records that the police service is otherwise permitted or authorized by law to disclose. (2) Nothing in this Act prevents a recipient of a threat assessment from disclosing information or records, including the threat assessment or information contained in the threat assessment, that the recipient of the threat assessment is otherwise permitted or authorized by law to disclose. 2019 cD‑13.5 s5;2025 c18 s2 Commissioner’s powers and duties not limited 6 For greater certainty, nothing in this Act shall be construed as limiting the powers and duties of the Information and Privacy Commissioner under the Protection of Privacy Act . 2019 cD-13.5 s6;AR 141/2025 Immunity 7 (1) No action or other proceeding lies or shall be instituted against any person, organization or entity referred to in subsection (2) based on any cause of action arising out of, resulting from, relating to or incidental to (a) the enactment of this Act, (b) the application of this Act or any provision of this Act, (c) anything done, caused, permitted or authorized to be done, attempted to be done or omitted to be done under or in connection with this Act, and (d) a disclosure of information, including personal information and health information, or a record if disclosed under the authority of this Act. (2) This section applies to the following: (a) the Minister or an agent, employee, delegate or subdelegate of the Minister; (b) the Government of Alberta or an agent or employee of the Government of Alberta; (c) a police service or an agent, employee or member of a police service; (d) a police committee, police commission or regional police commission or a member of a police committee, police commission or regional police commission; (e) the Independent Agency Police Service Oversight Board established under section 33.8 of the Police Act or a member of the Independent Agency Police Service Oversight Board; (f) a recipient of a threat assessment, or an agent, employee or member of a recipient of a threat assessment, described in section 2.1(2); (g) a person, organization or entity, or an agent or employee of the person or an agent, employee or member of the organization or entity, that (i) provides information or records to the Minister under section 2.2, or (ii) authorizes the Minister to access information or records under section 2.2. 2019 cD-13.5 s7;2025 c18 s2;AR 141/2025 Confidentiality 8 (1) Subject to the regulations, no person shall disclose any disclosure information that comes to the knowledge of that person pursuant to this Act, unless that person is authorized by this Act, or otherwise authorized by law, to do so. (2) Subject to subsection (3), the name of an applicant and information that would identify the applicant is privileged information of the applicant. (3) The information referred to in subsection (2) may be released if the Minister directs that it may be released. Non-compellability 9 (1) A police service or a member, agent, employee or delegate of a police service and the Minister or a delegate or subdelegate of the Minister is not compellable to (a) give evidence in any proceeding of a judicial nature concerning any information that comes into their knowledge pursuant to this Act, or (b) produce any file, paper, information, report, correspondence or other document relating to the Disclosure Protocol. (2) Subsection (1) does not apply for the purposes of a judicial review proceeding. (3) Subsection (1)(a) does not apply to information that comes to the knowledge of a police service or a member, agent, employee or delegate of a police service or the Minister or a delegate or subdelegate of the Minister under section 2(1.1), 2.1 or 2.2. 2019 cD‑13.5 s9;2025 c18 s2 Non-application of Act 10 This Act and any provision of this Act prescribed in the regulations does not apply (a) to any person or class of persons prescribed in the regulations for the purpose of this section, or (b) in any circumstance prescribed in the regulations for the purpose of this section. Delegation 11 (1) The Minister may delegate to any person any power, duty or function of the Minister under this Act. (2) Subsection (1) does not apply to any power or duty of the Minister to make regulations as defined in the Regulations Act . (3) A delegation under subsection (1) may include the power to subdelegate. Regulations made by the Lieutenant Governor in Council 12 (1) The Lieutenant Governor in Council may make regulations (a) defining, enlarging or restricting the meaning of any word or expression used in this Act, including any word or expression defined in this Act; (a.1) respecting the preparation, use and disclosure of a threat assessment under section 2.1, including regulations (i) respecting the circumstances in which or purposes for which a threat assessment may be prepared, (ii) respecting the manner and method of preparing a threat assessment, (iii) respecting information and records that may be considered in preparing a threat assessment, (iv) prescribing the purposes for which a threat assessment may be disclosed, (v) identifying a category of persons to whom or an entity or organization to which a threat assessment may be disclosed, and (vi) respecting terms and conditions that may be imposed on the use and disclosure of a threat assessment by the recipient of a threat assessment; (a.2) respecting the Minister’s powers to require information and records or require authorization to access information and records for the preparation of threat assessments under section 2.2, including regulations (i) respecting the type and format of information and records that may be required and the method by which and the period within which information and records must be provided to the Minister, (ii) respecting the manner of authorizing access to information and records, the type of information and records for which authorization to access may be required and the period within which authorization to access information and records must be provided to the Minister, (iii) identifying information and records subject to the Health Information Act , Personal Information Protection Act or the Protection of Privacy Act that the Minister can require to be provided to the Minister or the Minister can require authorization to access, and (iv) identifying a category of persons or an entity or organization required to provide information and records to the Minister or to authorize the Minister to access information and records; (a.3) respecting the Minister’s powers to take measures to collect required information and records under section 2.2, including regulations providing and respecting the power to (i) access premises where required information or records may be located, (ii) require the production of information or records, (iii) examine, make copies of and remove records, (iv) access electronic data processing equipment at or in the premises where required information or records may be located and to direct any person to assist with the use of the equipment, (v) access databases or other electronic sources of information or records in which required information or records may be retained and to direct any person to assist with the use of the databases or other electronic sources of information or records, (vi) make inquiries of any person and to demand a response from that person, (vii) order a person, entity or organization to take measures specified in an order within the period specified in the order, and (viii) apply for court orders in support of the exercise of the Minister’s powers; (b) respecting individuals or classes of individuals who may apply for disclosure information; (c) respecting the provision of consent by an applicant for the purposes of section 3(2)(a); (d) respecting the determination of individuals or classes of individuals who are or may be persons at risk for the purposes of this Act; (e) respecting the persons or classes of persons who may assist an applicant with an application or make an application on behalf of an applicant; (f) respecting the collection, use or disclosure of information or records for the purposes of this Act by a police service or the Minister; (g) subject to subsection (2), establishing a Disclosure Protocol; (h) prescribing information or classes of information as disclosure information; (i) respecting the use or disclosure of disclosure information by an applicant or by a person at risk to whom a disclosure has been made under section 3(3); (j) exempting any person or any class of persons from the application of this Act or any portion of this Act, or prescribing any circumstance in which this Act or any provision of this Act does not apply; (k) prescribing any matter or thing required or authorized by this Act to be prescribed in the regulations; (l) respecting any other matter or thing the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. (2) For the purposes of subsection (1)(g), the Lieutenant Governor in Council may make regulations (a) adopting, as amended from time to time or otherwise, all or any part of any protocol relating to the collection, use or disclosure of disclosure information; (b) amending for the purposes of this Act all or any part of any protocol adopted pursuant to clause (a). (3) The Lieutenant Governor in Council may make regulations (a) respecting the establishment of a committee for any purposes related to this Act; (b) respecting the committee referred to in clause (a), including, without limitation, (i) any powers, duties or functions of the committee, and (ii) the remuneration of the committee. 2019 cD‑13.5 s12;2025 c18 s2 Regulations made by the Minister 13 The Minister may make regulations prescribing forms for the purposes of this Act. Coming into force 14 This Act comes into force on Proclamation. (NOTE: Proclaimed in force April 1, 2021.)