P-34.1 - Youth Protection Act

Section 72.6 Disposition versions

2023-04-26

72.6. Despite section 72.5, confidential information may, without the consent of the person to whom it relates or an order of the tribunal, be disclosed to any person, including a foster family, or to any body or institution having responsibilities under this Act and to every court of justice called upon, in accordance with this Act, to make decisions respecting a child, where the disclosure is necessary for the purposes of this Act. The same applies to a person, body or institution called on to cooperate with the director, if the latter considers that the disclosure is in the interest of the child.

Despite section 72.5, confidential information may also be disclosed by the director or the Commission, according to their respective powers, without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal,

(1)  to the Minister of Justice, where the disclosure is necessary for the application of the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1) in respect of an application relating to a child whose situation has been reported to the director under this Act;

(2)  to the Director of Criminal and Penal Prosecutions, where the information is required for the prosecution of an offence under this Act;

(2.1)  to a police force, where the disclosure is necessary to ensure the safety of a child present on the scene of a police intervention, other than that relating to the application of this Act;

(3)  to the Minister of Families or a home educational childcare coordinating office within the meaning of the Educational Childcare Act (chapter S-4.1.1), where the disclosure is necessary for the application of that Act; and

(4)  to a school service centre, where the disclosure is necessary to ensure the monitoring of the child’s situation within the framework of an agreement described in section 37.8.

Furthermore, despite section 72.5, confidential information may be disclosed by the director, without the consent of the person to whom it relates or an order of the tribunal, to a person who acts as director outside of Québec, if the director has reasonable cause to believe that the security or development of a child is or may be considered to be in danger.

Disclosure of information must take place in a manner that will ensure its confidentiality.

1994, c. 35, s. 45; 2005, c. 34, s. 85; 2006, c. 34, s. 37; 2017, c. 18, s. 42; 2020, c. 1, s. 312; 2021, c. 13, s. 149; 2022, c. 9, s. 97; 2022, c. 11, s. 40.

2022-04-12

72.6. Despite section 72.5, confidential information may, without the consent of the person to whom it relates or an order of the tribunal, be disclosed to any person, body or institution having responsibilities under this Act and to every court of justice called upon, in accordance with this Act, to make decisions respecting a child, where the disclosure is necessary for the purposes of this Act. The same applies to a person, body or institution called on to cooperate with the director, if the latter considers the disclosure necessary to ensure the child’s protection in accordance with this Act.

Despite section 72.5, confidential information may also be disclosed by the director or the Commission, according to their respective powers, without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal,

(1)  to the Minister of Justice, where the disclosure is necessary for the application of the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1) in respect of an application relating to a child whose situation has been reported to the director under this Act;

(2)  to the Director of Criminal and Penal Prosecutions, where the information is required for the prosecution of an offence under this Act;

(3)  to the Minister of Families or a home educational childcare coordinating office within the meaning of the Educational Childcare Act (chapter S-4.1.1), where the disclosure is necessary for the application of that Act; and

(4)  to a school service centre, where the disclosure is necessary to ensure the monitoring of the child’s situation within the framework of an agreement described in section 37.8.

Furthermore, despite section 72.5, confidential information may be disclosed by the director, without the consent of the person to whom it relates or an order of the tribunal, to a person who acts as director outside of Québec, if the director has reasonable cause to believe that the security or development of a child is or may be considered to be in danger.

Disclosure of information must take place in a manner that will ensure its confidentiality.

1994, c. 35, s. 45; 2005, c. 34, s. 85; 2006, c. 34, s. 37; 2017, c. 18, s. 42; 2020, c. 1, s. 312; 2021, c. 13, s. 149; 2022, c. 9, s. 97.

2021-10-13

72.6. Despite section 72.5, confidential information may, without the consent of the person to whom it relates or an order of the tribunal, be disclosed to any person, body or institution having responsibilities under this Act and to every court of justice called upon, in accordance with this Act, to make decisions respecting a child, where the disclosure is necessary for the purposes of this Act. The same applies to a person, body or institution called on to cooperate with the director, if the latter considers the disclosure necessary to ensure the child’s protection in accordance with this Act.

Despite section 72.5, confidential information may also be disclosed by the director or the Commission, according to their respective powers, without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal,

(1)  to the Minister of Justice, where the disclosure is necessary for the application of the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1) in respect of an application relating to a child whose situation has been reported to the director under this Act;

(2)  to the Director of Criminal and Penal Prosecutions, where the information is required for the prosecution of an offence under this Act;

(3)  to the Minister of Families or a home child care coordinating office within the meaning of the Educational Childcare Act (chapter S-4.1.1), where the disclosure is necessary for the application of that Act; and

(4)  to a school service centre, where the disclosure is necessary to ensure the monitoring of the child’s situation within the framework of an agreement described in section 37.8.

Furthermore, despite section 72.5, confidential information may be disclosed by the director, without the consent of the person to whom it relates or an order of the tribunal, to a person who acts as director outside of Québec, if the director has reasonable cause to believe that the security or development of a child is or may be considered to be in danger.

Disclosure of information must take place in a manner that will ensure its confidentiality.

1994, c. 35, s. 45; 2005, c. 34, s. 85; 2006, c. 34, s. 37; 2017, c. 18, s. 42; 2020, c. 1, s. 312; 2021, c. 13, s. 149.

2020-06-15

72.6. Despite section 72.5, confidential information may, without the consent of the person to whom it relates or an order of the tribunal, be disclosed to any person, body or institution having responsibilities under this Act and to every court of justice called upon, in accordance with this Act, to make decisions respecting a child, where the disclosure is necessary for the purposes of this Act. The same applies to a person, body or institution called on to cooperate with the director, if the latter considers the disclosure necessary to ensure the child’s protection in accordance with this Act.

Despite section 72.5, confidential information may also be disclosed by the director or the Commission, according to their respective powers, without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal,

(1)  to the Commission des normes, de l’équité, de la santé et de la sécurité du travail, where the disclosure is necessary for the application of the Crime Victims Compensation Act (chapter I-6) in respect of a claim relating to a child whose situation has been reported to the director under this Act;

(2)  to the Director of Criminal and Penal Prosecutions, where the information is required for the prosecution of an offence under this Act;

(3)  to the Minister of Families or a home child care coordinating office within the meaning of the Educational Childcare Act (chapter S-4.1.1), where the disclosure is necessary for the application of that Act; and

(4)  to a school service centre, where the disclosure is necessary to ensure the monitoring of the child’s situation within the framework of an agreement described in section 37.8.

Furthermore, despite section 72.5, confidential information may be disclosed by the director, without the consent of the person to whom it relates or an order of the tribunal, to a person who acts as director outside of Québec, if the director has reasonable cause to believe that the security or development of a child is or may be considered to be in danger.

Disclosure of information must take place in a manner that will ensure its confidentiality.

1994, c. 35, s. 45; 2005, c. 34, s. 85; 2006, c. 34, s. 37; 2017, c. 18, s. 42; 2020, c. 1, s. 312.

2019-01-28

72.6. Despite section 72.5, confidential information may, without the consent of the person to whom it relates or an order of the tribunal, be disclosed to any person, body or institution having responsibilities under this Act and to every court of justice called upon, in accordance with this Act, to make decisions respecting a child, where the disclosure is necessary for the purposes of this Act. The same applies to a person, body or institution called on to cooperate with the director, if the latter considers the disclosure necessary to ensure the child’s protection in accordance with this Act.

Despite section 72.5, confidential information may also be disclosed by the director or the Commission, according to their respective powers, without it being necessary to obtain the consent of the person to whom it relates or an order of the tribunal,

(1)  to the Commission des normes, de l’équité, de la santé et de la sécurité du travail, where the disclosure is necessary for the application of the Crime Victims Compensation Act (chapter I-6) in respect of a claim relating to a child whose situation has been reported to the director under this Act;

(2)  to the Director of Criminal and Penal Prosecutions, where the information is required for the prosecution of an offence under this Act;

(3)  to the Minister of Families or a home child care coordinating office within the meaning of the Educational Childcare Act (chapter S-4.1.1), where the disclosure is necessary for the application of that Act; and

(4)  to a school board, where the disclosure is necessary to ensure the monitoring of the child’s situation within the framework of an agreement described in section 37.8.

Furthermore, despite section 72.5, confidential information may be disclosed by the director, without the consent of the person to whom it relates or an order of the tribunal, to a person who acts as director outside of Québec, if the director has reasonable cause to believe that the security or development of a child is or may be considered to be in danger.

Disclosure of information must take place in a manner that will ensure its confidentiality.

1994, c. 35, s. 45; 2005, c. 34, s. 85; 2006, c. 34, s. 37; 2017, c. 18, s. 42.

2007-07-09

72.6. Notwithstanding the provisions of section 72.5, confidential information may be disclosed without the authorization of the person to whom it relates or an order of the tribunal to any person, body or institution having responsibilities under this Act and to every court of justice called upon, under this Act, to make decisions respecting a child, where the disclosure is necessary for the purposes of this Act.

Notwithstanding the provisions of section 72.5, confidential information may also be disclosed by the director or the Commission, according to their respective powers, without it being necessary to obtain the authorization of the person to whom it relates or an order of the tribunal,

(1)  to the members of the personnel of the Ministère de la Justice to whom the Minister of Justice has delegated the exercise of his powers under the Act respecting assistance and compensation for victims of crime (1993, chapter 54), where the disclosure is necessary for the purposes of the said Act in respect of a claim relating to a child whose situation has been brought to the attention of the director under this Act;

(2)   to the Director of Criminal and Penal Prosecutions, where the information is required for the prosecution of an offence under a provision of this Act.

Furthermore, notwithstanding section 72.5, the director may disclose confidential information to a person who acts as director outside of Québec, without the consent of the person concerned or an order from the tribunal, if there is reasonable cause to believe that the security or development of a child is or may be considered to be in danger.

A disclosure of information under this section must take place in a manner that will ensure its confidentiality.

1994, c. 35, s. 45; 2005, c. 34, s. 85; 2006, c. 34, s. 37.

2007-03-15

72.6. Notwithstanding the provisions of section 72.5, confidential information may be disclosed without the authorization of the person to whom it relates or an order of the tribunal to any person, body or institution having responsibilities under this Act and to every court of justice called upon, under this Act, to make decisions respecting a child, where the disclosure is necessary for the purposes of this Act.

Notwithstanding the provisions of section 72.5, confidential information may also be disclosed by the director or the Commission, according to their respective powers, without it being necessary to obtain the authorization of the person to whom it relates or an order of the tribunal,

(1)  to the members of the personnel of the Ministère de la Justice to whom the Minister of Justice has delegated the exercise of his powers under the Act respecting assistance and compensation for victims of crime (1993, chapter 54), where the disclosure is necessary for the purposes of the said Act in respect of a claim relating to a child whose situation has been brought to the attention of the director under this Act;

(2)   to the Director of Criminal and Penal Prosecutions, where the information is required for the prosecution of an offence under a provision of this Act.

A disclosure of information under this section must take place in a manner that will ensure its confidentiality.

1994, c. 35, s. 45; 2005, c. 34, s. 85.

1994-09-01

72.6. Notwithstanding the provisions of section 72.5, confidential information may be disclosed without the authorization of the person to whom it relates or an order of the tribunal to any person, body or institution having responsibilities under this Act and to every court of justice called upon, under this Act, to make decisions respecting a child, where the disclosure is necessary for the purposes of this Act.

Notwithstanding the provisions of section 72.5, confidential information may also be disclosed by the director or the Commission, according to their respective powers, without it being necessary to obtain the authorization of the person to whom it relates or an order of the tribunal,

(1)  to the members of the personnel of the Ministère de la Justice to whom the Minister of Justice has delegated the exercise of his powers under the Act respecting assistance and compensation for victims of crime (1993, chapter 54), where the disclosure is necessary for the purposes of the said Act in respect of a claim relating to a child whose situation has been brought to the attention of the director under this Act;

(2)   to the Attorney General, where the information is required for the prosecution of an offence under a provision of this Act.

A disclosure of information under this section must take place in a manner that will ensure its confidentiality.

1994, c. 35, s. 45.