L-6.3 - Act to combat maltreatment of seniors and other persons of full age in vulnerable situations

Section 20.1 Disposition versions

2024-07-01

20.1. A designated resource person must obtain the consent of the senior or the person in a vulnerable situation for the initiation of a concerted intervention process and for the communication, to other designated resource persons, of personal information that concerns the senior or the person and that is necessary for conducting a concerted intervention aimed at putting an end to the case of maltreatment of which the senior or the person is a victim.

Despite the first paragraph, a designated resource person may initiate a concerted intervention process and communicate, to other designated resource persons, personal information that concerns a senior or a person in a vulnerable situation, without the senior’s or person’s consent,

(1)  where such consent must be given by the tutor or mandatary of the senior or the person in a vulnerable situation and that tutor or mandatary is, according to the complaint or report, the maltreating person; or

(2)  in order to protect the senior or the person in a vulnerable situation where the designated resource person has reasonable cause to believe that a serious risk of death or of serious bodily injury, related in particular to a disappearance or to an act of violence, including a suicide attempt, threatens the senior or the person, and where the nature of the threat generates a sense of urgency.

No judicial proceedings may be brought against a designated resource person for an act performed in good faith under subparagraph 2 of the second paragraph.

For the purposes of subparagraph 2 of the second paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

2022, c. 6, s. 11; 2020, c. 11, s. 254; 2023, c. 5, s. 215.

2022-11-01

20.1. A designated resource person must obtain the consent of the senior or the person in a vulnerable situation for the initiation of a concerted intervention process and for the communication, to other designated resource persons, of personal information that concerns the senior or the person and that is necessary for conducting a concerted intervention aimed at putting an end to the case of maltreatment of which the senior or the person is a victim.

Despite the first paragraph, a designated resource person may initiate a concerted intervention process and communicate, to other designated resource persons, personal information that concerns a senior or a person in a vulnerable situation, without the senior’s or person’s consent,

(1)  where such consent must be given by the tutor or mandatary of the senior or the person in a vulnerable situation and that tutor or mandatary is, according to the complaint or report, the maltreating person; or

(2)  in order to prevent an act of violence, including a suicide, where the resource person has reasonable cause to believe that there is a serious risk of death or of serious bodily injury threatening the senior or the person in a vulnerable situation and where the nature of the threat generates a sense of urgency.

For the purposes of subparagraph 2 of the second paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

2022, c. 6, s. 11; 2020, c. 11, s. 254.

2022-04-06

20.1. A designated resource person must obtain the consent of the senior or the person in a vulnerable situation for the initiation of a concerted intervention process and for the communication, to other designated resource persons, of personal information that concerns the senior or the person and that is necessary for conducting a concerted intervention aimed at putting an end to the case of maltreatment of which the senior or the person is a victim.

Despite the first paragraph, a designated resource person may initiate a concerted intervention process and communicate, to other designated resource persons, personal information that concerns a senior or a person in a vulnerable situation, without the senior’s or person’s consent,

(1)  where such consent must be given by the tutor, curator or mandatary of the senior or the person in a vulnerable situation and that tutor, curator or mandatary is, according to the complaint or report, the maltreating person; or

(2)  in order to prevent an act of violence, including a suicide, where the resource person has reasonable cause to believe that there is a serious risk of death or of serious bodily injury threatening the senior or the person in a vulnerable situation and where the nature of the threat generates a sense of urgency.

For the purposes of subparagraph 2 of the second paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

2022, c. 6, s. 11.