Duty of Commission advocates
32. (1) An advocate who works for the Commission shall preserve secrecy in respect of all information about an individual obtained in the course of his or her duties and not contained in a record, except as subsections (5) to (12) provide. Advocates’ case files (2) An advocate who works for the Commission shall preserve secrecy in respect of all information contained in the case files maintained by advocates in relation to individual vulnerable persons to whom advocates have provided advocacy services, except as subsections (5) to (12) provide. Same (3) Subsection (2) prevails over the Freedom of Information and Protection of Privacy Act. Same, community agency (4) An advocate who works for a community agency shall preserve secrecy in respect of all information about an individual obtained in the course of his or her duties, except as subsections (5) to (12) provide. Permitted disclosure related to provision of advocacy services (5) If the disclosure is related to the provision of advocacy services to a vulnerable person, an advocate may disclose information about an individual obtained in the course of the advocate’s duties, (a) to the vulnerable person; (b) to any other person, with the vulnerable person’s consent; (c) to the vulnerable person’s guardian of the person, guardian of property, attorney under a power of attorney for personal care or attorney under a power of attorney that confers authority in respect of the vulnerable person’s property, or to any other person authorized to make decisions on behalf of the vulnerable person, if the advocate is taking instructions from the guardian, attorney or other person under subsection 19(2) and, (i) the information was obtained under subsection 24(3), or (ii) the information is not contained in a record; (d) to any person, if the information was obtained under subsection 24(3) or (4) and the person who gave the consent required by that subsection consents to the disclosure; (e) to other persons who work for the Commission, if the advocate works for the Commission and the disclosure is necessary in connection with the Commission’s provision of advocacy services to the vulnerable person; and (f) to other persons who work for a community agency, if the advocate works for the community agency and the disclosure is necessary in connection with the agency’s provision of advocacy services to the vulnerable person. Permitted disclosure, other grounds (6) An advocate may disclose information about an individual obtained in the course of his or her duties, (a) to other persons who work for the Commission or a community agency, if the advocate is designated under subsection 25(3) and the disclosure is necessary in connection with the provision of advocacy services under clause 7(1)(c), (b) to a coroner, if the individual is dead; (c) to the advocate’s lawyer; (d) in a proceeding brought against the the Commission, a member of the Commission, the advocate or, (i) if the advocate works for the Commission, any other advocate or other person who works for the Commission, or (ii) if the advocate works for a community agency, the community agency or any other advocate or other person who works for the community agency; (e) in response to a complaint made against the advocate under the review procedure established under clause 7(1)(m) by a vulnerable person to whom the advocate has provided advocacy services or by the vulnerable person’s estate. Same, serious bodily harm (7) Despite subsection 17(1), if an advocate has information that constitutes reasonable grounds to believe that an individual is likely to cause serious bodily harm to himself or herself or to another person, the advocate may disclose the information to the appropriate persons. Same, serious harm to health or safety of incapable person (8) If an advocate has information that constitutes reasonable grounds to believe that a vulnerable person is incapable of instructing an advocate and that there is a risk of serious harm to the health or safety of the vulnerable person, the advocate may disclose the information to the appropriate persons. Same, care of incapable person (9) If an advocate has reasonable grounds to believe that a vulnerable person is incapable of instructing an advocate, the advocate may disclose information concerning the care of the vulnerable person to, (a) a family member or friend of the vulnerable person; (b) a person who is currently providing services to the vulnerable person; (c) the vulnerable person’s guardian of the person, guardian of property, attorney under a power of attorney for personal care or attorney under a power of attorney that confers authority in respect of the vulnerable person’s property, or to any other person authorized to make decisions on behalf of the vulnerable person; or (d) any other person, with the Commission’s consent. Required disclosure related to provision of advocacy services (10) Subject to section 33 and despite subsection 17(1), if the disclosure is related to the provision of advocacy services to a vulnerable person, an advocate shall disclose information about an individual obtained in the course of the advocate’s duties, (a) to the vulnerable person, at the vulnerable person’s request; (b) to any other person, at the vulnerable person’s request; (c) to the vulnerable person’s guardian of the person, guardian of property, attorney under a power of attorney for personal care or attorney under a power of attorney that confers authority in respect of the vulnerable person’s property, or to any other person authorized to make decisions on behalf of the vulnerable person, if the advocate is taking instructions from the guardian, attorney or other person under subsection 19(2), the guardian, attorney or other person requests the information, and (i) the information was obtained under subsection 24(3), or (ii) the information is not contained in a record. Required disclosure, other grounds (11) Despite subsection 17(1), an advocate shall disclose information about an individual obtained in the course of the advocate’s duties, (a) to a member of the Commission or a person who works for the Commission, at the Commission’s request; (b) to the Public Guardian and Trustee, if the advocate has reasonable grounds to believe that, (i) the individual is a vulnerable person, (ii) the individual is incapable of instructing an advocate, and (iii) there is a risk of serious harm to the health or safety of the individual. Same, testimony in proceeding (12) An advocate may be required to testify in a proceeding with regard to information about an individual obtained in the course of providing advocacy services to a vulnerable person, but only, (a) with the vulnerable person’s consent; (b) in an inquest held under the Coroners Act in connection with the vulnerable person’s death; (c) in a proceeding before a court, if the court determines, after a hearing held on notice to the vulnerable person and in the absence of the public, that the disclosure is essential in the interests of justice; (d) in a proceeding, other than one referred to in clause (b), before a body other than a court, if the Divisional Court determines, after a hearing held on notice to the vulnerable person and in the absence of the public, that the disclosure is essential in the interests of justice. Clinical record under Mental Health Act (13) Despite subsections (5) to (12), an advocate who obtains access under section 24 or 25 to a clinical record within the meaning of section 35 of the Mental Health Act shall not disclose information from the clinical record to any person, directly or indirectly, except in accordance with that Act. 1992, c.26, s.32.