P-34.1 - Youth Protection Act

Section 39 Disposition versions

2022-04-26

39. Every professional who, by the very nature of his profession, provides care or any other form of assistance to children and who, in the practice of his profession, has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of section 38 or 38.1, must bring the situation to the attention of the director without delay. The same obligation is incumbent upon any employee of an institution, any teacher, any person working in a childcare establishment or any policeman who, in the performance of his duties, has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of the said provisions.

Any person, other than a person referred to in the first paragraph, who has reasonable grounds to believe that the security or development of a child is considered to be in danger within the meaning of subparagraphs d and e of the second paragraph of section 38 must bring the situation to the attention of the director without delay.

Any person, other than a person referred to in the first paragraph, who has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of subparagraph a, b, c, c.1 or f of the second paragraph of section 38 or within the meaning of section 38.1 may bring the situation to the attention of the director.

1977, c. 20, s. 39; 1981, c. 2, s. 9; 1984, c. 4, s. 19; 1992, c. 21, s. 375; 1994, c. 35, s. 25; 2006, c. 34, s. 16; 2017, c. 18, s. 21; 2022, c. 11, s. 29.

2017-10-05

39. Every professional who, by the very nature of his profession, provides care or any other form of assistance to children and who, in the practice of his profession, has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of section 38 or 38.1, must bring the situation to the attention of the director without delay. The same obligation is incumbent upon any employee of an institution, any teacher, any person working in a childcare establishment or any policeman who, in the performance of his duties, has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of the said provisions.

Any person, other than a person referred to in the first paragraph, who has reasonable grounds to believe that the security or development of a child is considered to be in danger within the meaning of subparagraphs d and e of the second paragraph of section 38 must bring the situation to the attention of the director without delay.

Any person, other than a person referred to in the first paragraph, who has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of subparagraph a, b, c or f of the second paragraph of section 38 or within the meaning of section 38.1 may bring the situation to the attention of the director.

Every person referred to in this section may, after reporting a child’s situation to the director, communicate to the director any relevant information about the situation that is related to the report, with a view to ensuring the child’s protection.

The first, second and fourth paragraphs apply even to persons who are bound by professional secrecy, except to advocates or notaries who, in the practice of their profession, receive information concerning a situation described in section 38 or 38.1.

1977, c. 20, s. 39; 1981, c. 2, s. 9; 1984, c. 4, s. 19; 1992, c. 21, s. 375; 1994, c. 35, s. 25; 2006, c. 34, s. 16; 2017, c. 18, s. 21.

2007-07-09

39. Every professional who, by the very nature of his profession, provides care or any other form of assistance to children and who, in the practice of his profession, has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of section 38 or 38.1, must bring the situation to the attention of the director without delay. The same obligation is incumbent upon any employee of an institution, any teacher, any person working in a childcare establishment or any policeman who, in the performance of his duties, has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of the said provisions.

Any person, other than a person referred to in the first paragraph, who has reasonable grounds to believe that the security or development of a child is considered to be in danger within the meaning of subparagraphs d and e of the second paragraph of section 38 must bring the situation to the attention of the director without delay.

Any person, other than a person referred to in the first paragraph, who has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of subparagraph a, b, c or f of the second paragraph of section 38 or within the meaning of section 38.1 may bring the situation to the attention of the director.

The first and second paragraphs apply even to those persons who are bound by professional secrecy, except to an advocate who, in the practice of his profession, receives information concerning a situation described in section 38 or 38.1.

1977, c. 20, s. 39; 1981, c. 2, s. 9; 1984, c. 4, s. 19; 1992, c. 21, s. 375; 1994, c. 35, s. 25; 2006, c. 34, s. 16.

1994-09-01

39. Every professional who, by the very nature of his profession, provides care or any other form of assistance to children and who, in the practice of his profession, has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of section 38 or 38.1, must bring the situation to the attention of the director without delay. The same obligation is incumbent upon any employee of an institution, any teacher or any policeman who, in the performance of his duties, has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of the said provisions.

Any person, other than a person referred to in the first paragraph, who has reasonable grounds to believe that the security or development of a child is considered to be in danger within the meaning of subparagraph g of the first paragraph of section 38 must bring the situation to the attention of the director without delay.

Any person, other than a person referred to in the first paragraph, who has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of subparagraph a, b, c, d, e, f or h of the first paragraph of section 38 or within the meaning of section 38.1 may bring the situation to the attention of the director.

The first and second paragraphs apply even to those persons who are bound by professional secrecy, except to an advocate who, in the practice of his profession, receives information concerning a situation described in section 38 or 38.1.

1977, c. 20, s. 39; 1981, c. 2, s. 9; 1984, c. 4, s. 19; 1992, c. 21, s. 375; 1994, c. 35, s. 25.

1992-10-01

39. Every person, even one having privileged information, who has reasonable cause to believe that the security or development of a child is in danger within the meaning of paragraph g of section 38, is bound to bring the situation to the attention of the director without delay.

Every professional who, by the very nature of his profession, provides care or any other form of assistance to children and who, in the discharge of his duties, has reasonable cause to believe that the security or development of a child is in danger within the meaning of paragraph a, b, c, d, e, f, or h of section 38 or within the meaning of section 38.1, is bound to bring the situation to the attention of the director without delay. The same obligation devolves upon any employee of an institution, any teacher or any policeman who, in the discharge of his duties, has reasonable cause to believe that the security or development of a child is or may be considered to be in danger within the meaning of the said provisions.

Any person, other than a person contemplated in the second paragraph, who has reasonable cause to believe that the security or development of a child is or may be considered to be in danger within the meaning of paragraph a, b, c, d, e, f, or h of section 38 or within the meaning of section 38.1, may bring the situation to the attention of the director.

The first and second paragraphs do not apply to an advocate who, in the discharge of his profession, receives information respecting a situation contemplated in section 38 or 38.1.

1977, c. 20, s. 39; 1981, c. 2, s. 9; 1984, c. 4, s. 19; 1992, c. 21, s. 375.

1984-04-16

39. Every person, even one having privileged information, who has reasonable cause to believe that the security or development of a child is in danger within the meaning of paragraph g of section 38, is bound to bring the situation to the attention of the director without delay.

Every professional who, by the very nature of his profession, provides care or any other form of assistance to children and who, in the discharge of his duties, has reasonable cause to believe that the security or development of a child is in danger within the meaning of paragraph a, b, c, d, e, f, or h of section 38 or within the meaning of section 38.1, is bound to bring the situation to the attention of the director without delay. The same obligation devolves upon any employee of an establishment, any teacher or any policeman who, in the discharge of his duties, has reasonable cause to believe that the security or development of a child is or may be considered to be in danger within the meaning of the said provisions.

Any person, other than a person contemplated in the second paragraph, who has reasonable cause to believe that the security or development of a child is or may be considered to be in danger within the meaning of paragraph a, b, c, d, e, f, or h of section 38 or within the meaning of section 38.1, may bring the situation to the attention of the director.

The first and second paragraphs do not apply to an advocate who, in the discharge of his profession, receives information respecting a situation contemplated in section 38 or 38.1.

1977, c. 20, s. 39; 1981, c. 2, s. 9; 1984, c. 4, s. 19.

1981-08-01

39. Every person, even one having privileged information, who has reasonable cause to believe that the security or development of a child is in danger within the meaning of paragraph f of section 38, is bound to bring the situation to the attention of the director without delay.

Every professional who, by the very nature of his profession, provides care or any other form of assistance to children and who, in the discharge of his duties, has reasonable cause to believe that the security or development of a child is in danger within the meaning of subparagraph a, b, c, d, g, h or i of the first paragraph of section 38 or within the meaning of subparagraph a or b of the second paragraph of the same section, is bound to bring the situation to the attention of the director without delay. The same obligation devolves upon any employee of an establishment, any teacher or any policeman who, in the discharge of his duties, has reasonable cause to believe that the security or development of a child is in danger within the meaning of the said subparagraphs of section 38.

Any person, other than a person contemplated in the preceding paragraph, who has reasonable cause to believe that the security or development of a child is in danger within the meaning of paragraph a, b, c, d, g, h or i of the first paragraph of section 38 or within the meaning of subparagraph a or b of the second paragraph of the same section, may bring the situation to the attention of the director.

This section applies notwithstanding section 9 of the Charter of human rights and freedoms (chapter C-12) but the first and second paragraphs do not apply to an advocate who, in the discharge of his profession, receives information respecting a situation contemplated in section 38.

1977, c. 20, s. 39; 1981, c. 2, s. 9.

1979-01-15

39. Every person, even one having privileged information, who has reasonable cause to believe that the security or development of a child is in danger within the meaning of paragraph f of section 38, is bound to bring the situation to the attention of the director without delay.

Every professional who, by the very nature of his profession, provides care or any other form of assistance to children and who, in the discharge of his duties, has reasonable cause to believe that the security or development of a child is in danger within the meaning of paragraph a, b, c, d, e, g, h or i of section 38 is bound to bring the situation to the attention of the director without delay. The same obligation devolves upon any employee of an establishment, any teacher or any policeman who, in the discharge of his duties, has reasonable cause to believe that the security or development of a child is in danger within the meaning of the said paragraphs of section 38.

Any person, other than a person contemplated in the preceding paragraph, who has reasonable cause to believe that the security or development of a child is in danger within the meaning of paragraph a, b, c, d, e, g, h or i of section 38 may bring the situation to the attention of the director.

The first and second paragraphs do not apply to an advocate who, in the exercise of his profession, receives information respecting a situation contemplated in section 38.

1977, c. 20, s. 39.