S-5 - Act respecting health services and social services for Cree Native persons

Section 8.1 Disposition versions

1999-04-01

8.1. Notwithstanding subparagraph c of the first paragraph of section 8, an institution shall refuse to communicate the record of a minor to the holder of parental authority where

(1)  the beneficiary is under 14 years of age, an intervention within the meaning of section 2.3 of the Youth Protection Act (chapter P-34.1) has been made in his regard or a decision respecting him has been made under the said Act and the institution, after consulting the director of Youth Protection, determines that the communication of the record of the beneficiary to the holder of parental authority is or could be prejudicial to the physical or mental health of the beneficiary;

(2)  the beneficiary is 14 years of age or over and, after being consulted by the institution, refuses to allow his record to be communicated to the holder of parental authority, and the institution determines that the communication of the record of the beneficiary to the holder of parental authority is or could be prejudicial to the physical or mental health of the beneficiary.

This section applies notwithstanding the second paragraph of section 53, section 83 and the first paragraph of section 94 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

1987, c. 68, s. 114; 1992, c. 21, s. 375.

1987-12-31

8.1. Notwithstanding subparagraph c of the first paragraph of section 8, an establishment shall refuse to communicate the record of a minor to the holder of parental authority where

(1)  the beneficiary is under fourteen years of age, an intervention within the meaning of section 2.3 of the Youth Protection Act (chapter P-34.1) has been made in his regard or a decision respecting him has been made under the said Act and the establishment, after consulting the director of Youth Protection, determines that the communication of the record of the beneficiary to the holder of parental authority is or could be prejudicial to the physical or mental health of the beneficiary;

(2)  the beneficiary is fourteen years of age or over and, after being consulted by the establishment, refuses to allow his record to be communicated to the holder of parental authority, and the establishment determines that the communication of the record of the beneficiary to the holder of parental authority is or could be prejudicial to the physical or mental health of the beneficiary.

This section applies notwithstanding the second paragraph of section 53, section 83 and the first paragraph of section 94 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

1987, c. 68, s. 114.