Child Sexual Abuse: Duty to Report

Why is it important to report suspicions of child sexual abuse and/or inappropriate behaviour?

Reporting information about a child who may be at risk or is in danger allows:

an authority, like child protective services or police, to determine whether a child is in need of intervention or protection, and
the parents or guardians to proactively take steps to protect their child (assuming they are not the ones that have put the child at risk).

People are often concerned about being wrong and causing problems. However, it is important to remember that reporting may disrupt existing or future sexual abuse from occurring against other children. Reporting is simply telling what you know to the appropriate authorities — you are not required to prove anything. Reporting is essential to protecting a child, as it provides professionals with the information they need to be able to look into the matter, and take steps to ensure the child’s safety.

When is there a legal duty to report a child in need of protection?

The specifics of the legal duty to report are determined by each individual province or territory. Thus, a person’s legal duty to report varies depending on the area of Canada within which they live.

Generally speaking, you may be liable for a fine, jail, or both if you DO NOT report when you have a legal duty to do so. Knowingly reporting false information or making a malicious report can result in similar penalties. Select your province/territory below for more specific information.

Children are vulnerable and we all have a moral duty to protect them

If you are concerned that a child is being abused or is at risk of harm, share your concerns with a child protection authority or police in your area. Sharing the information you have is important. It will be up to the entity that receives the report to determine what action is appropriate in the circumstances. Children depend on the action of adults to protect them. If you have concerns about a child, tell someone, report it.

You may have a legal duty to report

A legal duty to report is a legal obligation that is set out in the law. Each province/territory has a law that sets out the scope of the duty for that jurisdiction (select your own province/territory below to learn more). Failing to report when you have a legal duty to do so may result in penalties such as a fine, imprisonment or loss of employment – the precise penalties also vary by province or territory. A legal duty is NOT the same as a moral duty; a legal duty is limited to what is set out in the law itself. Even if the information you have does not meet the threshold of a legal duty to report, you can always contact police or child protective services in your area to consult before formally reporting. In some provinces/territories, you may be able to consult without sharing your contact information.

Do I need to report historical abuse, or abuse that is now over?

It depends. If a person learns about sexual abuse that is no longer occurring, or that took place a long time ago, there may not be a specific legal duty to report because there is no child in direct need of protection/intervention. Nonetheless, reporting what you know may still be very important, especially if the abuser still has access to children. Keep in mind that sexual offending is generally not limited to one victim or one set of circumstances, and just because a situation with one child has ended does not mean that the person who committed the abuse is safe to be around other children. The information you share may be critical to preventing future abuse, or to disrupting/stopping abuse that is in progress.

A reporting person is protected against legal action if their report is made in good faith

Child protection legislation in various provinces/territories states that a person who reasonably believes the information reported and who reports in good faith cannot be sued¹. However, if a person:

Knowingly reported false information; OR
Reported maliciously; OR
Makes the report in bad faith; OR
A combination of the reasons above

that person may be subject to legal sanctions. See the information below the question “Knowingly reporting false information or reporting maliciously can result in a fine/imprisonment”.

“In good faith” refers to an honest and sincere intention to deal fairly with others. In this context it would refer to sincere belief or motive that is without malice or any desire to harm others.

If you are a child/youth in need of help — there is help available

If it is an emergency, call 9-1-1. If you are being abused or know of another child who is being abused, call the child protective services number in your province/territory. Some provinces/territories have additional support hotlines for those in crisis. Please click on your province/territory to find out what number to call.

If you are worried about a sexual picture or video that has been shared online (or you worry it will be shared online), or if you are experiencing any form of sexual victimization online, you can make a report to us at Cybertip.ca, visit our website NeedHelpNow.ca, or contact us.

Another option that is available to all children across Canada is a service provided by Kids Help Phone. To access this service, you can visit their website, call 1-800-668-6868 to speak to a counsellor, or text CONNECT to 686868.

Most provinces/territories protect the confidentiality of the reporting person²

Often, those who report are concerned about retaliation by the parent or other person who may be harming the child. However, the legislation in many provinces/territories specifically states that the identity of a person who reported is not to be disclosed (except within the context of court proceedings). In some provinces/territories, if a person discloses the identity of the person who made a report without written consent, they are liable to a fine and/or imprisonment. Many child protective services agencies also represent on their websites that they will provide the reporting person with an option to remain anonymous.

If you are concerned that your information may not remain anonymous, an alternative may be to retain a lawyer and instruct the lawyer to report the information you have on your behalf. The lawyer may be able to report the information without revealing your identity, assuming that solicitor client privilege could apply. This alternative may not be available in Newfoundland and Labrador.

Disclaimer: The Canadian Centre for Child Protection is not guaranteeing the anonymity of any reporter. We are only sharing public information that was collected through legislation and provincial/territorial protective services websites.

Failing to report information can result in a fine/imprisonment

Depending on the province, if you fail to report a child who is in need of protection or intervention, you can be fined. The penalties range from two thousand dollars, up to fifty thousand dollars.

It is also possible to a) be imprisoned up to 6 to 24 months and b) be both fined and imprisoned for failing to report, depending on the province/territory.

Knowingly reporting false information or reporting maliciously can result in a fine/imprisonment

You may also be liable to a fine and/or imprisonment for knowingly reporting false or misleading information, or reporting maliciously. The specific fines and terms of imprisonment for this offence are different in each province/territory. Click on your province/territory below to view the associated penalties.

Reporting by Province

Select province/territory:

Alberta

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation:

Child, Youth and Family Enhancement Act (2000) [the “Act”]

Important Links:

Alberta Legislation:
http://www.qp.alberta.ca/documents/Acts/c12.pdf

Government of Alberta information on Reporting Child Abuse, Neglect and Sexual Exploitation:
https://www.alberta.ca/get-help-for-child-abuse-neglect-and-sexual-exploitation

Who is considered a child in Alberta?

According to the Act, a person under the age of 18 is considered a child. A youth is a child who is 16 years of age or older [see s. 1 of the Act].

When do I have a legal duty to report?

The Act states that any person who has reasonable and probable grounds to believe that a child is in need of intervention (see circumstances below) shall forthwith report the matter [see s. 4(1)].

The matter must be reported even if the information on which the belief is based is confidential (except as a result of a solicitor‑client relationship) [see s. 4(2) and 4(3) of the Act]

When is a child considered to be in need of protection/intervention?

Section 1(2) of the Act states that a child is in need of intervention if there are reasonable and probable grounds to believe that the safety, security or development of the child is endangered because of the following:

The child has been abandoned or lost
The guardian¹ is dead and the child has no other guardian
The child is being neglected by the guardian (guardian is not providing necessities of life, is not providing essential medical care or other treatment necessary for the health or wellbeing of the child, or is not providing adequate care or supervision)
The child has been or there is a substantial risk that a child will be physically injured or sexually abused by the child’s guardian
The guardian is unable or unwilling to protect the child from physical injury or sexual abuse
The child has been emotionally injured by the guardian (there has been impairment of the child’s mental or emotional functioning due to: emotional, social, cognitive or psychological neglect, rejection, deprivation of affection or cognitive stimulation, exposure to domestic violence, inappropriate criticism, threats or humiliation towards the child, chronic drug/alcohol abuse by someone in the home, or someone in the home is suffering from a mental or emotional condition)
The guardian is unable or unwilling to protect the child from emotional injury
The guardian has subjected the child to or is unable or unwilling to protect the child from cruel and unusual treatment or punishment

According to section 1(1) of the Act a guardian means: A) a person who is or is appointed a guardian of the child under part 2 of the Family Law Act, or B) a person who is a guardian of the child under an agreement or order made pursuant to the Act.

How do I report and who should I report to?

The Government of Alberta website directs people concerned about the safety or well‑being of a child to:

Call 911 if you or the person you are reporting is in immediate danger.
Call the Child Abuse Hotline: 1-800-387-5437 (KIDS). You can call at any time of day and assistance is available in multiple languages.

There does not appear to be a way to make a report online (as of April, 2020).

I am a child in need of help. What should I do?

If it is an emergency, call 9-1-1. Also, according to the child protection authority in Alberta, if you are a child or youth in Alberta and you need help, you can call 1-800-387-5437 (KIDS). You can call at any time of the day or night.

If you know of another child who is being abused, call the child protective services number in your province and tell them what you know.

I want to remain anonymous when I report. Can I do that?

Yes. While Alberta law does not specifically require that reports be kept confidential, the Alberta government website provides an assurance that reports to the Child Abuse Hotline will remain confidential – see excerpt below:

“You can report anonymously or give your name and telephone number. If you provide this information, we never reveal your identity to others.”

What if I am wrong? Will I get in trouble?

No. Section 4(4) of the Act states that no action lies against a person for reporting unless the reporting is done maliciously or without reasonable and probable grounds for the belief.

Is there a penalty if I do not report information?

Yes. Any person in Alberta who fails to report a child in need of intervention is liable to a fine not more than $10,000, or imprisonment up to 6 months, or both.

Additionally, if you cause a child to be in need of intervention, or obstruct or interfere with an intervention you are liable to a fine not exceeding $25,000, or imprisonment not exceeding 24 months, or both.

British Columbia

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation:

Child, Family and Community Service Act (1996) [the “Act”]

Important Links:

BC Legislation:
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96046_01

BC government website:
https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/reporting-child-abuse

Child Protection Services:
https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children

Who is considered a child in British Columbia?

According to the Act, a person under the age of 19 is considered a child. A youth is a child who is 16 years of age or older [see s. 1 of the Act].

When do I have a legal duty to report?

The Act states that any person who has reason to believe that a child needs protection (see circumstances below) is required by law to promptly report the matter [see s. 14 of the Act].

the matter must be reported even if the information on which the belief is based is privileged or confidential (except as a result of a solicitor‑client relationship) [see s. 14(2) of the Act]

The BC Government website has a brochure available that explains the law, the legal duty to report, and the process of reporting.

When is a child considered to be in need of protection/intervention?

Section 13(1)] of the Act states that a child is in need of protection in the following circumstances:

if the child has been, or is likely to be, physically harmed by the child's parent¹. The Act states that the likelihood of physical harm increases when the child is living in a situation where there is domestic violence in the home);
if the child has been, or is likely to be, sexually abused or exploited by the child's parent (this includes a situation in which a child is encouraged, helped, coerced or persuaded to engage in prostitution);
if the child has been, or is likely to be, physically harmed, sexually abused or sexually exploited by another person and if the child's parent is unwilling or unable to protect the child;
if the child has been, or is likely to be, physically harmed because of neglect by the child's parent;
if the child is emotionally harmed by the parent's conduct (a child is considered to be emotionally harmed if the child demonstrates severe anxiety, depression, withdrawal, or self-destructive or aggressive behaviour);
if the child is deprived of necessary health care;
if the child's development is likely to be seriously impaired by a treatable condition and the child's parent refuses to provide or consent to treatment;
if the child's parent is unable or unwilling to care for the child and has not made adequate provision for the child's care;
if the child is or has been absent from home in circumstances that endanger the child's safety or well‑being;
if the child's parent is dead and adequate provision has not been made for the child's care;
if the child has been abandoned and adequate provision has not been made for the child's care;
if the child is in the care of a director or another person by agreement and the child's parent is unwilling or unable to resume care when the agreement is no longer in force.

According to section 1(1) of the Act a parent includes: A) a person to whom guardianship or custody of a child has been granted by a court of competent jurisdiction or by an agreement, and B) A person with whom a child resides and who stands in place of the child’s parent or guardian. But does NOT include: or a director (person designated by the minister), a caregiver (a person with whom a child is placed by a director), or a prospective adoptive parent.

How do I report and who should I report to?

The BC government website directs anyone concerned about the safety or well‑being of a child to:

Call 911 or local police to intervene if a child is in immediate danger.
If you think a child or youth under 19 years of age is being abused or neglected, phone 1-800-663-9122 at any time of the day or night.

There does not appear to be a way to make a report online (as of April, 2020).

I am a child in need of help, what should I do?

If it is an emergency, call 9-1-1. Also, if you are a child or youth in British Columbia and would like to talk to someone, the child protective agency in BC advises that you call the Helpline for Children at 310-1234. You do not need an area code. You can call at any time of the day or night and you do not have to give your name.

If you know of another child who is being abused, call the child protective services number in your province and tell them what you know.

I want to remain anonymous when I report. Can I do that?

Yes. The BC government website indicates that while it is helpful to provide your name when making a report, it is not required. You can remain anonymous if you prefer. Furthermore, BC law [see s. 77 of the Act] requires that any agency or director which receives a report of a child in need of protection must not disclose information that could reveal the identity of the person who makes the report.

“You can report anonymously or give your name and telephone number. If you provide this information, we never reveal your identity to others.”

What if I am wrong? Will I get in trouble?

No. As long as you reasonably believe the information you are reporting and are reporting in good faith² you are protected under the legislation [see s. 102 of the Act]. However, if you knowingly report false information you are liable to a fine up to $10 000, or up to 6 months imprisonment, or both [s. 14 of the Act]

“In good faith” refers to an honest and sincere intention to deal fairly with others. In this context it would refer to sincere belief or motive that is without malice or any desire to harm others.

Is there a penalty if I do not report information?

Yes. A person in BC who does not fulfill his or her duty to report a child in need of protection, commits an offence and is liable to a fine up to $10,000 or to imprisonment for up to 6 months, or both [see s. 14 of the Act].

Manitoba

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation:

Child and Family Services Act (1985) [the “Act”]

Important Links:

Manitoba Legislation:
https://web2.gov.mb.ca/laws/statutes/ccsm/c080.php?lang=en

Government of Manitoba Child and Family Services website for Reporting Child Abuse:
https://www.gov.mb.ca/fs/childfam/pacca.html

Cybertip: Canada’s National tipline for reporting the online sexual exploitation of children, is the designated entity to receive reports of child pornography, and to provide certain supports to victims of non-consensual distribution of intimate images in Manitoba:
https://www.cybertip.ca/

Who is considered a child in Manitoba?

According to the Act, a person under the age of 18 is considered a child [see s. 1(1)].

When do I have a legal duty to report?

According to the Act, there are two separate duties to report – one for reporting a child in need of protection and another for reporting child pornography.

According to the Act [see s. 18(1)] any person who has information that leads them to reasonably believe a child is or might be in need of protection must immediately report the information to an agency or to a parent/guardian of the child. Pursuant to section 18(1.1), a person is to report only to an agency if the person:

does not know the identity of the parent,
reasonably believes the parent/guardian is the one responsible for causing the child to be in need of protection
reasonably believes the parent/guardian is unwilling/unable to adequately protect the child OR
has information leading the person to believe the child is or might be suffering abuse by the parent/guardian for the child or by another person having care, custody, control or charge of the child.

A person has a duty to report even when such information was acquired through discharge of professional duties or a confidential relationship, except a solicitor‑client relationship.

The Act (s. 18(1.0.1)] also requires that a person who reasonably believes that a representation, material or recording, is or might be, child pornography must straightaway report the information to a reporting entity¹ in addition to an agency or parent/guardian of the child

A person has a duty to report even if said information is acquired through discharge of professional duties or a confidential relationship, except a solicitor‑client relationship.

For reporting child pornography, the reporting entity in Manitoba is the Canadian Centre for Child Protection. Cybertip.ca is ran by the Canadian Centre for Child Protection and can be used to report child pornography.

When is a child considered to be in need of protection/intervention?

According to the Act, [see s. 17(1)] a child needs protection where the “life, health or emotional well‑being of the child is endangered by the act or omission of a person”, also where the child:

Is without adequate care, supervision or control
Is in the care, custody, control or charge of a person who is unable or unwilling to provide adequate care, whose conduct may endanger the child, or who neglects/refuses to provide adequate care or treatment
Is abused² or is in danger of being abused (including where the child is likely to suffer harm or injury due to child pornography)
Has exceeded the caregiving capabilities of the parent³/guardian⁴
Is likely to suffer harm or injury due to the behaviour, condition or home environment of the parent/guardian
Is subjected to aggression or sexual harassment that endangers the child
Is under the age of 12 and is left unattended without reasonable supervision
Is the subject or is about to become the subject on an unlawful adoption

According to s. 1(1) of the Act abuse means an act or omission by any person where the act or omission results in (a) physical injury to the child (b) emotional disability of a permanent nature in the child or is likely to result in such a disability or (c) sexual exploitation of the child with or without the child’s consent
According to s.1(1) of the Act a parent means a biological or adoptive parent of a child and includes a person declared to be the parent of a child under Part II of The Family Maintenance Act.
According to s.1(1) of the Act a guardian means a person other than a parent of a child who has been appointed guardian of the person of the child by a court of competent jurisdiction or to whom guardianship has been surrendered under section 16.

How do I report and who should I report to?

The Government of Manitoba Child and Family Services (CFS) website directs people to call CFS at 1-866-345-9241 (province‑wide intake and emergency after‑hours CFS number) or to contact the Designated Intake Agency (DIA) in their area (map available online).

If it is an emergency, call the local police emergency number.

There does not appear to be a way to make a report online (as of April, 2020).

For reporting child pornography, the reporting entity in Manitoba is the Canadian Centre for Child Protection. Cybertip.ca is run by the Canadian Centre for Child Protection and you can submit reports of child pornography online.

Note: Cybertip.ca also receives reports of all forms of online sexual exploitation of children such as online luring, and trafficking of children for a sexual purpose. Cybertip.ca also provides supports to victims of the non‑consensual distribution of intimate images and provides information to children and parents about internet safety.

I am a child in need of help. What should I do?

If it is an emergency, call 9-1-1. Also, if you are being hurt or you have been hurt in any way, the child protective agency in Manitoba advises that you call your local police emergency number.

The child protective website also says if you are not being hurt but want to talk to someone about being hurt you can call the Designated Intake Agency or call your local emergency police number.

Also, if you are a child or youth in Manitoba and would like to talk to someone, the CFS website advises that you visit the Kids Help Phone website or call 1-800-668-6868. You can also text CONNECT to 686868. You can call at any time of the day or night and you do not have to give your name.

I want to remain anonymous when I report. Can I do that?

Yes. Section 18.1(2) of the Act states that unless it is required by judicial proceedings (or written consent of the informant has been given), no person shall disclose the identity of an informant to the family of the child, the person who possessed/accessed the child pornography, or to the person who caused the harm to the child.

Further, according to section 18.1(3) retaliation against an informant is prohibited and no person shall dismiss, suspend, demote, discipline, harass, interfere with or otherwise disadvantage an informant.

If a person does disclose the identity of an informant, or if they retaliate against an informant, that person is guilty of an offence and is liable to a fine not more than $50,000 or to imprisonment for a term not exceeding 24 months, or both.

What if I am wrong? Will I get in trouble?

No. Section 18.1(1) of the Act states that no action lies against a person for providing information in good faith⁵ and in compliance with the Act.

“In good faith” refers to an honest and sincere intention to deal fairly with others. In this context it would refer to sincere belief or motive that is without malice or any desire to harm others.

Is there a penalty if I do not report information?

Yes. A person in Manitoba who does not fulfill his or her duty to report a child in need of protection, is guilty of an offence and is liable to a fine not more than $50,000, or imprisonment not exceeding 24 months, or both.

New Brunswick

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation:

Family Services Act [the “Act”]

Important Links:

NB Legislation:
http://laws.gnb.ca/en/showdoc/cs/F-2.2

Government of New Brunswick: Child Protection Services:
https://www2.gnb.ca/content/gnb/en/services/services_renderer.9355.Child_Protection.html

Government of New Brunswick Child Victims of Abuse and Neglect Protocols:
https://www2.gnb.ca/content/dam/gnb/Departments/sd-ds/pdf/Protection/Child/ChildAbuseProtocols05-e.pdf

Government of New Brunswick Child Protection Booklet:
https://www2.gnb.ca/content/dam/gnb/Departments/sd-ds/pdf/Protection/Child/booklet-e.pdf

Who is considered a child in New Brunswick?

In New Brunswick, someone who is actually or apparently under the age of 19 years old is considered a child.

In New Brunswick, a child includes an unborn child, a stillborn child, a child whose parents are not married to each other, a child to whom a person stands in place of a parent (if that person’s spouse is the parent of the child), and a child who has been adopted.
When dealing with support obligations, custody and access matters, it does not include a person who has been married even if they are under the age of 19.

When do I have a legal duty to report?

The Act states [see s. 30(1) of the Act] that any person who has information causing him to suspect that a child has been abandoned, deserted, physically or emotionally neglected, physically or sexually ill‑treated, including sexual exploitation through child pornography or otherwise abused must inform the Minister of Social Development of the situation without delay.

This includes a professional person who has acquired the information through the discharge of their responsibilities or a person who has acquired the information within a confidential relationship (but solicitor client privilege still exists). See s. 30(10) for the definition of “professional person” under the Act.

When is a child considered to be in need of protection/intervention?

Section 31(1) of the Act states that the security or development of a child may be in danger when:

The child is without adequate care or supervision, or is living in unfit or improper circumstances;
The person caring for the child is unable or unwilling to provide adequate care or supervision;
The care person is endangering the life, health or emotional well‑being of the child;
The child is being physically or sexually abused and/or neglected, sexually exploited (including sexual exploitation through child pornography) OR the child is in danger of such treatment;
The child is living in a situation where there is domestic violence;
The child is in the care of a person who neglects/refuses to give/obtain proper medical treatment;
The child is beyond the control of the person caring for them;
The child is likely to injure themselves or others due to their behavior or their condition or their environment;
The person caring for the child does not have a right to custody of the child;
The person caring for the child neglects or refuses that the child attend school;
The child has committed an offence (or if the child is under 12, an act that would constitute an offence).

Note: A child who has reached 16 years of age (unless the child is disabled) may refuse protection services.

How do I report and who should I report to?

Reporting must be done by telephone. The government’s child protection booklet provides several options:

If the child is in immediate danger call 911 or your local police
You can call nearest Office of Department of Social Development
1. Region 1 (Moncton, Richibucto): 1-866-426-5191
2. Region 2 (Saint John, Sussex, St. Stephen, St. George): 1-866-441-4340
3. Region 3 (Fredericton, Woodstock, Perth-Andover): 1-866-444-8838
4. Region 4 (Edmundston, Grand Falls): 1-866-441-4249
5. Region 5 (Campbellton, Kedgwick): 1-866-441-4245
6. Region 6 (Bathurst): 1-866-441-4341
7. Region 7 (Miramichi, Neguac): 1-866-441-4246
8. Region 8 (Acadian Peninsula-Caraquet, Tracadie-Sheila, Shippagan): 1-866-441-4149
You can also make a report by calling 1-888-99-ABUSE (1-888-992-2873)
You can call After Hours Emergency Social Services (AHESS) at 1-800-442-9799 (if reporting Monday to Friday, 4:30 p.m. to 8:30 a.m., and all day Saturday, Sunday and statutory holidays).

Note: A child who has reached 16 years of age (unless the child is disabled) may refuse protection services.

I am a child in need of help. What should I do?

If it is an emergency, call 9-1-1.

If you are being abused, or know of another child who is being abused, call the child protective services number in your province and tell them what you know.

I want to remain anonymous when I report. Can I do that?

Yes. The Act states that [see s.30(6) of theAct] except in the course of judicial proceedings no person shall reveal the identity of a person who has given information, without written consent of the informant.

According to the Child Protection Booklet made available by the Province of New Brunswick, a person making a report will be asked for "basic information", such as name and address of the victim, indicators of abuse, the name of the child's care givers etc. The booklet also states that the person making the report will be asked for his/her name, phone number and their relationship to the child. However, the person making the report can choose to remain anonymous. If you do choose to give your name, the booklet states every effort will be made to keep your name confidential.

What if I am wrong? Will I get in trouble?

No. According to the Act [see s. 31(2.7)] no action lies against a person who in good faith¹ provides information, records, or documents to the Minister of Social Development or who in good faith otherwise assists the Minister in an investigation.

“In good faith” refers to an honest and sincere intention to deal fairly with others. In this context it would refer to sincere belief or motive that is without malice or any desire to harm others.

Is there a penalty if I do not report information?

Yes, if you are a professional person (see below for definition).* Section 30(3) of the Act states that a person who fails in their legal duty to report commits an offence. The Act states that such a person may face a fine between $240 and $10,200 [see s. 138(1) and Schedule A of the Act, and s. 56(6) of New Brunswick’s Provincial Offences Procedure Act].

*Section 30(10) of the Act defines a professional person as “a physician, nurse, dentist or other health or mental health professional, an administrator of a hospital facility, a school principal, school teacher or other teaching professional, a social work administrator, social worker or other social service professional, a child care worker in any early learning and childcare facility or child caring institution, a police or law enforcement officer, a psychologist, a guidance counsellor, a person who provides mediation services pursuant to section 31.1 or a recreational services administrator or worker, and includes any other person who by virtue of his employment or occupation has a responsibility to discharge a duty of care towards a child.”

Newfoundland and Labrador

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation:

Children, Youth, and Families Act (2018) [the “Act”]

Important Links:

Legislation:
https://www.assembly.nl.ca/Legislation/sr/statutes/c12-3.htm

Government of Newfoundland and Labrador: Children, Seniors and Social Development: Reporting Child and Youth Abuse and Neglect:
https://www.gov.nl.ca/cssd/childprotection/report/

Who is considered a child in Newfoundland and Labrador?

According to the Act, a child means a person who is actually or apparently under 16 years of age; a youth means a person who is at least 16 years of age but under 18 years of age.

When do I have a legal duty to report?

The Act states [see s. 11] that where a person has information that a child or youth is or may be in need of protective intervention, the person shall immediately report the information.

This duty to report also applies to every person who performs professional or official duties with respect to a child or youth [applies to health care, education, law enforcement, and solicitors] and applies notwithstanding that the information is confidential or privileged. Also, the Act does not explicitly exclude solicitor‑client privilege, which other provinces do.

When is a child considered to be in need of protection/intervention?

Section 10(1) of the Act states that a child is in need of protective intervention where:

The child is being, or is at risk of being, physically harmed, emotionally harmed, sexually abused, or sexually exploited by an act or omission of the child’s parent. Or, the parent¹ does not protect the child from such abuse occurring, including at the hands of another person;
The child is in the custody of a parent who refuses or fails to obtain or permit essential medical treatment or care;
The child is abandoned, has no living parent and no adequate provision has been made for the child’s care;
The child has no parent willing or able to care for the child;
The child is living in a situation where there is, or a risk of, violence. Or, the parent with whom the child is living [or a parent who has access to the child] displays actions that show a tendency to violence, or has allegedly killed or seriously injured another person;
The child has been left without adequate supervision appropriate to their developmental level;
A child who is actually or apparently under 12 years of age and has committed a serious crime or has on more than one occasion threatened, or caused injury to, another person or living thing, either with the parent’s encouragement or because the parent does not respond adequately to the situation.

According to s. 2(1) of the Act a “parent” means: a custodial mother or father of a child or youth; a custodial step‑mother or step‑father of a child or youth; a non‑custodial mother or father of a child or youth who regularly exercises or attempts to exercise rights of access; a person to whom custody of a child or youth has been granted by a written agreement or by a court order; or a person who is responsible for the child’s or youth’s care and with whom the child or youth resides, except a foster parent.

How do I report and who should I report to?

Phone your local Children, Seniors and Social Development (CSSD) office or contact your local police. If the child is in immediate danger, call 911 or the local police.

If you are located in St. John’s Metro call the CSSD office at (709) 729-4612 during business hours. For after hours and weekends call (709) 729-4775.

If you are located in Central‑West or Labrador please click here for a list of communities in those areas. The list provides you with the telephone numbers of each community’s CSSD office for making a report during business hours or afterhours and weekends.

There does not appear to be a way to make a report online (as of April, 2020).

I am a child in need of help. What should I do?

If it is an emergency, call 9-1-1.

If you are being abused, or know of another child who is being abused, call the child protective services number in your province and tell them what you know.

I want to remain anonymous when I report. Can I do that?

Yes. According to the Act [see s. 59] information identifying a person who has provided information with respect to a child or youth in need of protection, shall not be disclosed unless the person who provided the information consents or a judge orders its disclosure.

The Government of Newfoundland and Labrador has information available that details a person’s duty to report child and youth abuse and neglect. This site states that it is helpful when making a report to include your name, phone number, and relationship to the child or youth, but you can make an anonymous call if you prefer.

What if I am wrong? Will I get in trouble?

No. The Act states [see s. 11(7)] that an action does not lie against the reporting person unless the report is made maliciously or without reasonable cause.

Is there a penalty if I do not report information?

Yes. A person who fails in their duty to report a child in need of protection, commits an offence and is liable on conviction to a fine of up to $10,000 or to imprisonment for up to 6 months, or both [see s. 11(9) of the Act].

Nova Scotia

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation:

Children and Family Services Act (1990) [the “Act”]
Child Pornography reporting Act (2008) [the “CPRA”]

Important Links:

Children and Family Services Act (1990):
https://nslegislature.ca/sites/default/files/legc/statutes/children%20and%20family%20services.pdf

Child Pornography Reporting Act (2008):
https://nslegislature.ca/sites/default/files/legc/statutes/childpor.htm

Government of Nova Scotia: Child Abuse: Reporting Child Abuse:
https://beta.novascotia.ca/report-child-abuse-or-neglect

Who is considered a child in Nova Scotia?

According to the Act, Nova Scotia, a person under the age of 19 is considered a child [see s. 3(1)(e)].

When do I have a legal duty to report?

The Act states [see s. 23] that every person who has information, whether or not it is confidential or privileged, indicating that a child is in need of protective services must immediately report that information to an agency.

The Act states [see s. 3] that every person who reasonably believes that a representation or material is child pornography must promptly report to a reporting entity any information (whether or not it is confidential or privileged) the person has respecting the child pornography. Every police department is designated as a reporting entity in Nova Scotia.

When is a child considered to be in need of protection/intervention?

According to the Act [see s.22 of the Act] a child is in need of protection in the following circumstances:

The child has, or there is a substantial risk that the child will, suffered physical harm, inflicted by a parent¹/guardian or caused by a lack of supervision and/or protection;
The child has been, or there is a risk they will be, sexually abused by the parent/guardian or another person where the parent/guardian knows or should know of the possibility of sexual abuse and does not protect the child;
The parent/guardian refuses to or inadequately provides necessary medical treatment;
The child has been, or is at a risk to be, emotionally abused (parent/guardian may be inflicting the abuse or they are failing to safeguard against it);
The child suffers from a mental, emotional, or developmental condition that the parent/guardian fails to adequately care for or provide treatment or remedy;
The child has been exposed to violence towards a parent/guardian or another person residing with the child and no measures are taken to alleviate the violence;
The child has been, or is at risk of being neglected, the parent/guardian has died or can no longer provide adequate care, the parent refuses to resume care after the child was removed from their supervision;
The child is under 12 and has committed a serious crime where services/treatments are necessary to prevent recurrence and the parent/guardian does not or refuses to provide this;
The child is under 12 and has committed crimes on several occasions due to inadequate supervision;

According to section 3(1) of the Act a parent or guardian of a child means:
1. The mother of the child, if the mother has custody of the child under a written agreement or court order, OR resides with and has care of the child
2. The father of the child, if the father has custody of the children under a written agreement or court order, OR resides with and has care of the child
3. An individual residing with and having the care of the child
4. An individual who, under a written agreement or a court order, has custody of the child, is required to provide support for the child or has a right of access to the child
5. A mother or father who has an application before the court respecting custody or access or against whom there is an application before a court for support for the child at the time proceedings are commenced and is providing support or exercising access to the child at the time proceeding are commenced

But does not include a foster parent.

How do I report and who should I report to?

To report child abuse: If you suspect that a child is being abused or neglected, you are asked to contact the child welfare agency in the area where the child lives. It is best if you contact the agency by telephone or in person. To find the child welfare agency in your area, please contact the agency or district office of the Department of Community Services nearest you for more information. After regular business hours call 1-866-922-2434 if you believe a child is in immediate danger.

There does not appear to be a way to make a report online (as of April, 2020).

To report child pornography: every municipal police department, amalgamated police department, and the RCMP are all police departments designated as reporting entities in Nova Scotia.

Note: In Nova Scotia it is mandatory to report child pornography to police. In addition to reporting to police, you can also report it to Cybertip.ca, Canada’s National tipline for Reporting the Online Sexual Exploitation of Children. Cybertip.ca is run by the Canadian Centre for Child Protection and can be used to report child pornography. Cybertip.ca also receives reports of all forms of online sexual exploitation of children such as online luring, and trafficking of children for a sexual purpose. Cybertip.ca also provides supports to victims of the non-consensual distribution of intimate images and provides information to children and parents about internet safety.

I am a child in need of help. What should I do?

If you are a child or youth in Nova Scotia and would like to talk to someone, you can contact Kids Help Phone or call 1-800-668-6868. You can call at any time of the day or night and you do not have to give your name.

I want to remain anonymous when I report. Can I do that?

Yes. When reporting child pornography, section 5(2) of the CPRA states that except if required through court proceedings or otherwise by law, unless there is written consent given by the informant, no person shall disclose the identity of the informant to any person. For reporting child abuse, the Government of Nova Scotia website states that reports may be made anonymously.

What if I am wrong? Will I get in trouble?

No. Section 23(2) of the Act, and section 5(1) of the CPRA, state that no action can be brought against a person who reports information, unless, the reporting of that information was done falsely and maliciously.

Is there a penalty if I do not report information?

Yes. According to section 23(3) of the Act, and section 7(1) of the CPRA, every person who fails to report child abuse or child pornography is guilt of an offence and is liable to a fine up to $200, or imprisonment for a period not exceeding 6 months, or both.

If you report child abuse or child pornography falsely and maliciously you are also guilty of an offence and are liable for a fine up to $2000, or imprisonment for a period not exceeding 6 months, or both [see s. 23(5) of the Act and s. 8 of the CPRA.

Northwest Territories

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation:

Child and Family Services Act (1997) [the “Act”]

Important Links:

Legislation:
https://www.justice.gov.nt.ca/en/files/legislation/child-family-services/child-family-services.a.pdf

Government of Northwest Territories: Health and Social Services: Contact your local Social Services Office:
https://www.hss.gov.nt.ca/en/content/contact-us/social-services-office

Who is considered a child in the Northwest Territories?

A child is defined in the Act as a person who is or (in the absence of evidence to the contrary) appears to be under 16 years of age. A youth means a person who is at least 16 years old but under 19 years old.

When do I have a legal duty to report?

According to the Act [see s. 8(1) of the Act], a person who has information of the need of protection of a child shall, without delay, report the matter to a child protection worker, or, if one is not available, to a peace officer or an authorized person. The matter must be reported even if the information on which the belief is based is confidential or privileged (except as a result of a solicitor‑client relationship) [see section 8(3) and (5) of the Act].

When is a child considered to be in need of protection/intervention?

Section 7(3) of the Act states that a child is in need of protection in the following circumstances:

The child has, or is at substantial risk of suffering physical harm inflicted by the child’s parent¹ or caused by the parent’s unwillingness or inability to care for and protect for the child;
The child has been, or is at substantial risk of being sexually molested or sexually exploited by the child’s parent or by another person, and the parent knew or should have known of the possibility of molestation or exploitation and failed to protect the child;
The child has demonstrated severe anxiety, depression, withdrawal, self‑destructive or aggressive behaviour, or any other severe behaviour indicating the child is or is at risk of suffering emotional harm and the parent does not or is unable (or refuses/is unable to consent) to provide treatment for the child;
The child suffers from a mental, emotional or developmental condition that may seriously impair the child’s development if not immediately remedied and the parent does not or is unable (or refuses/is unable to consent) to provide treatment for the child;
The child has been subject to a pattern of neglect and it has resulted, or there is a substantial risk that it will result, in physical or emotional harm to the child;
The child has been exposed to domestic violence by or towards a parent of the child and the child has suffered, or there is a substantial risk the child will suffer, physical or emotional harm from that exposure and the parent refuses or fails to obtain services or treatment to deal with the harm;
The child’s health or emotional or mental well‑being has been harmed (or there is a substantial risk of it being harmed ) by the child’s use of alcohol, drugs, solvents, or similar substances and the child’s parent is unavailable, unable or unwilling to properly care for the child;
The child requires necessary medical treatment and the parent refuses, or is unable to consent to, the provision of the treatment;
The child suffers from malnutrition of a degree that could seriously impair the child’s growth or development or result in permanent injury or death if not immediately remedied;
The child has been abandoned, the parents have died, or the parents are unavailable, unable or unwilling to care for the child and the child’s extended family has not made adequate provision for the child’s care;
The child is under 12 and has committed a serious crime and treatment is needed to prevent reoccurrence and the parent does not provide (or refuses/is unable to consent to the provision of) such treatment;
The child is engaging in or attempting to engage in prostitution or prostitution‑related activities.

According to Section 1 of the Act a parent includes a person, other than the Director of Child and Family Services, who has lawful custody of a child.

How do I report and who should I report to?

You must contact your local Social Services Office to report. The telephone number and fax number of each Social Services Office in each NWT region and community can be found here.

If you or someone you know is in immediate danger, call your local RCMP by dialing your local 3‑digit prefix followed by 1111.

There does not appear to be a way to make a report online (as of April, 2020).

You can also call NWT Help Line 24 hours a day, 7 days a week at (800) 661-0844. Note: This is a crisis telephone line and is NOT designated to receive reports about a child in need of protection.

I am a child in need of help. What should I do?

If it is an emergency, call 9-1-1.

If you are being abused, or know of another child who is being abused, call the child protective services number in the Northwest Territories and tell them what you know.

I want to remain anonymous when I report. Can I do that?

Likely yes. The Act [see s. 71 of the Act] requires that any information or record of information relating to a person is confidential where it is received, obtained or retained by any person under the Act (i.e. under one’s duty to report). Such information is only to be disclosed under prescribed circumstances set out in section 71(2), which includes where it is necessary to do so, with written consent, when giving evidence in court, by court order. Other exceptions apply – see the Act for full details.

What if I am wrong? Will I get in trouble?

No. No action can be commenced against a person for reporting information unless the report is made maliciously [see s. 8(4) of the Act].

Is there a penalty if I do not report information?

Yes. The Act states that any person who fails to make a report about a child in need of protection is guilty of an offence and is liable to a fine of up to $5000 or a term of imprisonment of up to 6 months, or both [see s. 8(6) of the Act].

Nunavut

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation:

Child and Family Services Act (1997) [the “Act”]

Important Links

Nunavut Legislation:
https://www.nunavutlegislation.ca/en/consolidated-law/child-and-family-services-act-official-consolidation

Government of Nunavut: Department of Family Services: Children & Family Services:
https://www.gov.nu.ca/en/department-family-services

Who is considered a child in Nunavut?

According to the Act, a child means a person who is, or appears to be (where there is no evidence to the contrary), under 16 years of age. A youth means a person who is at least 16 years old but under 19 years old.

When do I have a legal duty to report?

According to the Act [see s. 8(1) of the Act], any person who has information or reasonable grounds to believe that a child needs protection shall without delay report the matter to a child protection worker or, if one is not available, to a peace officer or an authorized person.

The matter must be reported even if the information on which the belief is based is privileged or confidential (except as a result of a solicitor‑client relationship) [see s. 8(2) and (4) of the Act].

When is a child considered to be in need of protection/intervention?

According to the Act [see s. 7(3) of the Act], a child needs protection in the following circumstances:

The child has, or is at substantial risk of suffering physical harm inflicted by the child’s parent¹ or caused by the parent’s unwillingness or inability to care for and protect the child;
The child has been, or is at substantial risk of being, sexually molested or sexually exploited (including by exposure to or involvement in child pornography) by the child’s parent or by another person, and the parent knew or should have known of the possibility of molestation or exploitation and failed to protect the child;
The child has demonstrated severe anxiety, depression, withdrawal, self‑destructive or aggressive behaviour, or any other severe behaviour indicating the child is or is at risk of suffering emotional harm and the parent does not or is unable (or refuses/is unable to consent) to provide treatment for the child;
The child suffers from a mental, emotional or developmental condition that may seriously impair the child’s development if not immediately remedied and the parent does not or is unable (or refuses/is unable to consent) to provide treatment for the child;
The child’s health or emotional or mental well‑being has been harmed (or there is a substantial risk of it being harmed) by the child’s use of alcohol, other drugs, solvents, or similar substances and the child’s parent is unavailable, unable or unwilling to properly care for the child;
The child requires necessary medical treatment and the parent refuses, or is unable to consent to, the provision of the treatment;
The child suffers from malnutrition of a degree that could seriously impair the child’s growth or development or result in permanent injury or death if not immediately remedied;
The child has been abandoned, the parents have died, or the parents are unwilling or unable to care for the child and the child’s extended family has not made adequate provision for the child’s care;
The child is under 12 and has committed a serious crime and treatment is needed to prevent reoccurrence, and the parent does not provide (or refuses/is unable to consent to the provision of) such treatment;
The child is repeatedly exposed to family violence and the child’s parent is unwilling or unable to stop such exposure;
The child is repeatedly exposed to pornography and the child’s parent is unwilling or unable to stop such exposure;
The child is in significant contact with a person who possesses child pornography and the child’s parent is unwilling or unable to prevent such contact.

According to s. 1 of the Act, a parent includes a person, other than the Director of Child and Family Services, who has lawful custody of a child.

How do I report and who should I report to?

People must call their local Community Social Services Worker. In an emergency, people should call their local RCMP detachment. If there are children in the home, the RCMP will contact a social worker.

The following contact information for each community was obtained from the Government of Nunavut Children and Family Services website:

Arctic Bay

Children and Family Services (CFS) Office: (867) 439-8812
Local RCMP: (867) 439-1111

Arviat

CFS Office: (867) 857-3102
Children and Family Services Emergency: (867) 857-6786

Baker Lake

CFS Office: (867) 793-2839
Children and Family Services Emergency: (867) 793-1348

Cambridge Bay

CFS Office: (867) 983-4071
Children and Family Services Emergency: (867) 983-5199

Cape Dorset

CFS Office: (867) 897-8937
Call your local RCMP: (867) 897-1111

Chesterfield Inlet

CFS Office: (867) 898-9131
Call your local RCMP: (867) 898-1111

Clyde River

CFS Office: (867) 924-6014
Call your local RCMP: (867) 924-1111

Coral Harbour

CFS Office: (867) 925-8431
Call your local RCMP: (867) 925-1111

Gjoa Haven

CFS Office: (867) 360-6406 or (867) 360-6407
Call your local RCMP: (867) 360-1111

Grise Fiord

CFS Office: (867) 980-4020
Call your local RCMP: (867) 252-1111

Hall Beach

CFS Office: (867) 928-8938
CFS Emergency: (867) 928-8953

Igloolik

CFS Office: (867) 934-2120
CFS Emergency: (867) 934-2119

Iqaluit

CFS Office: (867) 975-5777
CFS Emergency: (867) 979-5650

Kimmirut

CFS Office: (867) 939-2226
Call your local RCMP: (867) 939-1111

Kugaaruk

CFS Office: (867) 769-7999
Call your local RCMP: (867) 769-1111

Kugluktuk

CFS Office: (867) 982-7411 or (867) 982-3465
CFS Emergency: (867) 982-2998

Naujaat

CFS Office: (867) 462-4020
Call your local RCMP: (867) 462-1111

Pangnirtung

CFS Office: (867) 473-8944
Call your local RCMP: (867) 473-1111

Pond Inlet

CFS Office: (867) 899-7502
Call your local RCMP: (867) 899-1111

Qikiqtarjuaq

CFS Office: (867) 927-8863
Call your local RCMP: (867) 927-1111

Rankin Inlet

CFS Office: (867) 645-5064
Children and Family Services Emergency: (867) 645-7608

Resolute Bay

CFS Office: (867) 252-3113
Call your local RCMP: (867) 252-1111

Sanikiluaq

CFS Office: (867) 266-8738
Call your local RCMP: (867) 266-8233

Taloyoak

CFS Office: (867) 561-5625
CFS Emergency: (867) 561-5331 Ext. 4
Call your local RCMP: (867) 561-1111

Whale Cove

CFS Office: (867) 896-9062
CFS Emergency: (867) 896-1111

There does not appear to be a way to make a report online (as of April, 2020).

I am a child in need of help. What should I do?

If it is an emergency, call 9-1-1.

If you are being abused, or know of another child who is being abused, call the child protective services number in Nunavut (see above question for numbers) and tell them what you know.

I want to remain anonymous when I report. Can I do that?

It is unclear if you can remain anonymous. There are no specific provisions in the Act to protect the identity of a person who reports a child in need of protection. However, any information or record of information relating to a child or their parent is confidential [see s.71 of the Act].

Further, no information is provided on the Government of Nunavut’s website with regards to the confidentiality or anonymity of a person making a report.

If you wish to remain anonymous, ask if that is a possibility at the beginning of the call.

What if I am wrong? Will I get in trouble?

No. No action can be commenced against a person for reporting information unless the report is made maliciously [see s. 8(3) of the Act].

If you make a malicious report, you are liable for a fine not exceeding $5000 or a term of imprisonment not exceeding 6 months, or both.

Is there a penalty if I do not report information?

Yes. The Act states that any person who fails to report a child in need of protection or who makes a malicious report is guilty of an offence and is liable to a fine of up to $5000 or a term of imprisonment of up to 6 months, or both [see s. 8(5)].

Ontario

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation

Child, Youth and Family Services Act (2017) [the “Act”]

Important Links

Ontario Legislation:
https://www.ontario.ca/laws/statute/17c14

Government of Ontario: Reporting child abuse and neglect:
https://www.ontario.ca/page/child-welfare-and-child-protection-services

Reporting Child Abuse and Neglect: It’s your Duty:
https://www.ontario.ca/page/report-child-abuse-and-neglect

Who is considered a child in Ontario?

According to the Act, a person younger than 18 years of age is considered a child [see s. 2 of the Act].

When do I have a legal duty to report?

The Act states [see s. 125(1)] that any person, including a person who performs professional or official duties with respect to children, that has reasonable grounds to suspect a child is in need of protection (explained below) shall immediately report the suspicion and the relevant information.

This applies although the information reported may be confidential or privileged, however solicitor client privilege still exists. [see s. 125(10) and (11)]

When is a child considered to be in need of protection/intervention?

Section 125(1) of the Act states that a child is in need of protection in the following circumstances:

The child has suffered, or there is a risk that the child is likely to suffer physical harm inflicted by the person having charge of the child¹, or as a result of that person’s failure to adequately care for/supervise the child, or due to a pattern of neglect by that person;
The child has been or there is a risk that the child is likely to be sexually abused or sexually exploited by the person having charge of the child, OR by another person where the person having charge knows or should know of the possibility of the sexual abuse and/or exploitation and fails to protect the child;
The child requires medical treatment and the parent or person having charge of the child does not provide the treatment or access to the treatment, or the child is unable to consent under the Health Care Consent Act [1996] and the parent/person having charge of the child refuses to or is unable to consent on the child’s behalf;
The child has suffered, or is at risk to likely suffer, emotional harm demonstrated by serious anxiety, depression, withdrawal, self‑destructive or aggressive behaviour or delayed development and there are reasonable grounds to believe said harm was a result of the actions or lack thereof on the part of the parent/person having charge of the child;
The child has suffered, or is at risk to likely suffer, emotional harm (as described above) and the parent/person having charge does not or is unwilling to provide services or access to services for treatment. Or, when the child is unable to consent, the parents refuse to or are unable to consent to treatment that may remedy the harm;
The child suffers from a mental, emotional, or developmental condition that may seriously impair the child’s development if not treated and the child’s parent/person having charge of the child does not provide said treatment or access to it. Or, when the child is unable to consent, the parent/persons having charge of the child refuses to or is unable to consent for the child;
The child’s parent has died or is unavailable to exercise custodial rights, or if the child is already under protective services, the parent refuses to or is unable to resume care;
The child is under 12 and has committed a serious crime, treatment is necessary to prevent recurrence and the child’s parent/person having charge of the child refuses to or is unable to provide treatment or consent for the child; or
The child is under 12 and has on more than one occasion injured or caused damage to another person or another person’s property with the encouragement or lack of supervision of the parent/person having charge of the child.

Important to note: One’s duty to report does not apply if the child is age 16 or 17. But if the child is 16 or 17 and a prescribed circumstance or a condition above exists, a person may still make a report [see s. 125(4)].

According to s. 2(2) of the Act, a parent means A) a person who has lawful custody of the child or B) if more than one person has lawful custody of the child, all of the persons who have lawful custody of the child, excluding any person who is unavailable or unable to act, as the context requires.

How do I report and who should I report to?

Reports must be made to a children’s aid society (CAS) in Ontario. The Government of Ontario website for reporting child abuse and neglect lists all of the CAS locations, including phone numbers and the cities/municipalities served by each location.

There does not appear to be a way to make a report online (as of April, 2020).

I am a child in need of help. What should I do?

If it is an emergency, call 9-1-1.

If you are being abused, or know of another child who is being abused, call the child protective services number in Ontario (see numbers in above question) and tell them what you know.

I want to remain anonymous when I report. Can I do that?

Likely yes. The Ontario Association of Children’s Aid Societies website on how to report abuse says that while confidentiality cannot be assured, when making a referral concerns about being identified should be shared with the Children’s Aid Society. The website states it is possible to make an anonymous referral to a Children’s Aid Society by not providing any identifying information about yourself.

Please note that email addresses, caller identification, and phone numbers may all be identifying information that is on record even if you choose not to provide any information about yourself. The process of not providing any identifying information is not a guarantee that your identity will be protected.

What if I am wrong? Will I get in trouble?

No. No action can be taken against a person who reports, unless, the person acts maliciously or without reasonable grounds for the suspicion [see s. 125(10)].

Is there a penalty if I do not report information?

Yes, if you are a professional (see below for more information). The Act provides that every person who performs professional or official duties with respect to children, who does not report a suspicion, and the information on which it was based was obtained in the course of their professional or official duties, is guilty of an offence and is liable to a fine not more than $5,000 [see s.125(5) & (6)].

These professional people include (but are not limited to):

A health care professional, including a physician, nurse, dentist, pharmacist and psychologist;
A teacher, person appointed to a position designated by a board of education as requiring an early childhood educator, school principal, social worker, family counsellor, youth and recreation worker, and operator or employee of a child care centre or home child care agency or provider of licensed child care within the meaning of the Child Care and Early Years Act, 2014;
A religious official;
A mediator and an arbitrator;
A peace officer and a coroner;
A lawyer; and
A service provider and an employee of a service provider.

Prince Edward Island

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation

Child Protection Act (1998) [the “Act”]

Important Links

PEI Legislation:
https://www.princeedwardisland.ca/sites/default/files/legislation/c-05-1-child_protection_act.pdf

Government of Prince Edward Island: Child Protection:
https://www.princeedwardisland.ca/en/information/social-development-and-housing/child-protection

Child Sexual Abuse Protocols for Prince Edward Island:
https://www.princeedwardisland.ca/en/publication/child-sexual-abuse-protocol-prince-edward-island

Government of Prince Edward Island — Child Sexual Abuse Resources:
https://www.princeedwardisland.ca/en/topic/child-sexual-abuse

Who is considered a child in Prince Edward Island?

According to the Act, a child means a person who is under the age of 18 years.

When do I have a legal duty to report?

Section 10(1) of the Act requires that every person who has knowledge or has reasonable grounds to suspect that a child is in need of protection must, without delay, report the circumstances including providing any additional information available.

When is a child considered to be in need of protection/intervention?

The Act [see s. 9(1)] states that a child is in need of protection where:

The child has, or is at substantial risk of suffering physical harm inflicted by a parent¹;
The child has or is at substantial risk of suffering harm caused by neglect or failure by a parent to either adequately supervise or protect or to provide for the adequate supervision or protection of the child;
The child has been or is at substantial risk of being sexually abused by a parent or another person and the parent knew or should have known of the possibility of sexual abuse and failed to protect the child;
The child has been or is at substantial risk of being harmed as a result of being sexually exploited for the purpose of prostitution and the parent has failed or been unable to protect the child;
The child has been, or is at substantial risk of being harmed as a result of being exposed to, or involved in, the production of child pornography, and the parent has failed or been unable to protect the child;
The child has suffered, or is at substantial risk of suffering emotional harm caused by a parent or another person, and the parent knew or should have known about the emotional abuse and failed to protect the child;
The child has or is at substantial risk of suffering physical or emotional harm caused by being exposed to domestic violence by or towards a parent;
The child requires specific medical treatment (medical, psychological or psychiatric) and the parent does not/refuses to obtain treatment, or is unavailable/unable to obtain or consent to treatment;
The child suffers from a mental, emotional or developmental condition that could seriously harm the child if not addressed and the parent does not/refuses to obtain treatment, or is unavailable/unable to consent to treatment;
The child has been abandoned, the parents have died or are unable to take custody of the child, and adequate provisions for care have not been made;
The child is in the custody of Child Protective Services or another person and the parent of the child refuses or is unable to resume custody of the child;
The child is under 12 years of age and committed a serious crime or poses a serious danger to others and/or protection is needed to prevent reoccurrence of the incident or danger and the parent refuses or is unwilling to consent to such protection.

According to s. 1(s) of the Act a parent means: a birth or adoptive parent who has custody or guardianship rights to a child; a person who has stood in loco parentis [in place of a parent] to a child for a period of not less than one year and who has a continuing relationship with the child; a legal guardian of the child; or, a person responsible for the care of a child and with whom the child resides. However, it does NOT include a person acting as a caregiver on behalf of the Director of Child Protection.

How do I report and who should I report to?

The Government of Prince Edward Island Child Protection website instructs people that they are legally obligated to call Child Protection services if they think a child is being abused or neglected by a parent or guardian.

The website gives the following information:

Time of Day	Toll Free Number to call
During Business Hours	1 (877) 341-3101
After Business Hours	1 (800) 341-6868

There does not appear to be a way to make a report online (as of April, 2020).

I am a child in need of help. What should I do?

If it is an emergency, call 9-1-1.

I want to remain anonymous when I report. Can I do that?

Yes. PEI law [see s. 10(3) of the Act] states that no person shall reveal or be compelled to reveal the identity of a person who has made a report about a child in need of protection. However, this does NOT apply where the person KNOWINGLY makes a report or provides information which is false or misleading.

What if I am wrong? Will I get in trouble?

No. Section 10(4) of the Act states that a person who makes a report, provides information, or does anything to assist an investigation, is not liable to any civil action in respect of providing such information or assistance. However, this section does NOT apply if the person making the report or giving information KNOWINGLY provides false or misleading information.

Is there a penalty if I do not report information?

Yes. Any person who fails to report or provide information is guilty of an offence and liable upon conviction to a fine not exceeding $2000.

Québec

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation

Youth Protection Act (1984) [the “Act”]

Important Links

Quebec Legislation:
https://www.legisquebec.gouv.qc.ca/en/document/cs/P-34.1

Government of Quebec: Reporting a situation to the Director of Youth Protection (DYP):
https://www.quebec.ca/en/family-and-support-for-individuals/childhood/services-youth-difficulty-families/youth-protection/reporting-a-situation-to-the-director-of-youth-protection/how-to-report-a-situation

Who is considered a child in Québec?

According to the Act, a child means a person under the age of 18 years.

When do I have a legal duty to report?

Section 39 of the Act requires any person who has reasonable grounds to believe that the security or development of a child is or may be in danger must bring the situation to the attention of the Director of Youth Protection (DYP) without delay. This includes professionals who deal with children and who may have acquired the information in the course of their duties, however this does not abolish solicitor-client privilege.

Any adult MUST provide the necessary assistance to a child who wishes to report his/her situation or that of his/her brothers and sisters or of any other child [s. 42 of the Act].

However, according to ss. 39 and 39.1 of the Act, the duty to report differs depending on the role of the person making the report and the situation:

Professionals who work with children, employees of institutions in the health and social services network, teachers, people working in daycares and police officers:
- When performing their duties, they MUST report any situation covered by the Act (see below)
- When NOT performing their duties, they MAY report other situations where a child’s security or development might be in danger but MUST report any situation of sexual or physical abuse
Other people:
- MUST report any situation of sexual abuse or physical abuse. They must do so even if they believe the child’s parents are taking steps to put an end to the situation. It is the DYP’s responsibility to assess whether the steps being taken are sufficient
- MAY report other situations where a child’s security or development might be in danger

The duty to report applies even to people who are bound by professional secrecy (but an exception exists for a solicitor-client relationship).

When is a child considered to be in need of protection/intervention?

Section 38 of the Act states that a child is considered to be in danger where:

The child is abandoned, which includes a situation where the child’s parents¹ have died or they fail to provide for the child’s care, maintenance or education, and these responsibilities have not been properly undertaken by another person;
The child has been, or is at serious risk to be, neglected where:
- the child’s parents/person having custody do not meet the basic needs of the child with respect to food, clothing, hygiene, housing; or
- the parents fail to give basic care required for the child’s mental or physical health (or do not allow the child to receive such care)
- the parents fail to provide the child with the appropriate supervision or support, or fail to ensure the child receives a proper education
The child is subjected to psychological ill‑treatment where the child is seriously or repeatedly subjected to behaviour by the parents or another person that could cause harm to the child, and the parents fail to put an end to the situation. This behaviour may include indifference, belittling, emotional rejection, excessive control, threats, isolation, exploitation (particularly if the child is forced to do work beyond their capacity), or exposure to domestic violence;
The child is subject to sexual abuse. This means the child either has been, or is at serious risk of being, subjected to acts of a sexual nature either by the parents or another person. This may or may not include physical contact, but includes any form of sexual exploitation, and the parents fail to take the necessary steps to put an end to the situation;
The child is being physically abused. This refers to a situation where the child has been, or is at serious risk of being, the victim of bodily injury or is subjected to unreasonable methods of upbringing by the parents or another person, and the parents fail to put an end to the situation;
The child has a serious behavioural disturbance. This refers to a situation where the child behaves in such a way that they repeatedly or seriously damage their own or others’ physical or psychological integrity, and the parents fail to put an end to the situation or, if the child is 14 or older, the child objects to steps taken by the parents;
The child has left their own home (or foster home, rehab center, hospital, care facility etc.) without authorization (the child has essentially run away).

According to s. 1(e) of the Act “parent” means the father and the mother of a child or, where applicable, any other person acting as the person having parental authority.

How do I report and who should I report to?

You must report to the Director of Youth Protection (DYP). Reporting can be done 24 hours a day and 7 days a week by telephone. Information on how to contact the DYP in each region of Québec can be found by clicking here.

There does not appear to be a way to make a report online (as of April, 2020).

I am a child in need of help. What should I do?

If it is an emergency, call 9-1-1.

If you are being abused, or know of another child who is being abused, call the child protective services number in Quebec (see numbers in above question) and tell them what you know.

I want to remain anonymous when I report. Can I do that?

Yes. According to the Government of Quebec website, a person can make a report anonymously but it is easier for the DYP to assess the report if they know the identity of the reporter. If the person making a report provides their name and contact information, it will remain confidential and cannot be disclosed.

Furthermore, section 44 of the Act states that no person shall disclose or be compelled to disclose the identity of a person who has reported a situation, without their consent. Click here for more information about confidentiality.

What if I am wrong? Will I get in trouble?

No. Section 43 of the Act states that no person may be prosecuted for acts done in good faith². If the person making the report found, in good faith, reasonable grounds to believe a child was in danger, they cannot be prosecuted.

“In good faith” refers to an honest and sincere intention to deal fairly with others. In this context it would refer to sincere belief or motive that is without malice or any desire to harm others.

Is there a penalty if I do not report information?

Yes. Any person who is required to make a report about a child in need of protection and fails to do so is guilty of an offence and liable to a fine of $250 to $2500 [see s. 134 of the Act].

Saskatchewan

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation

The Child and Family Services Act (1989–90) [the “Act”]
The Emergency Protection for Victims of Child Abuse and Exploitation Act (2002) [the “EPA”]

Important Links

Saskatchewan Legislation: The Child and Family Services Act (1989–1990)
https://www.canlii.org/en/sk/laws/stat/ss-1989-90-c-c-7.2/latest/ss-1989-90-c-c-7.2.html

The Emergency Protection for Victims of Child Abuse and Exploitation Act (2002) and Regulation:
https://www.canlii.org/en/sk/laws/stat/ss-2002-c-e-8.2/latest/ss-2002-c-e-8.2.html
https://www.canlii.org/en/sk/laws/regu/rrs-c-e-8.2-reg-1/latest/rrs-c-e-8.2-reg-1.html

Saskatchewan Child Abuse and Neglect, Reporting abuse, neglect, and interpersonal violence:
https://www.saskatchewan.ca/residents/justice-crime-and-the-law/child-protection/child-abuse-and-neglect

Who is considered a child in Saskatchewan?

The Act considers a child as an unmarried person actually or apparently under 16 years of age [see s. 2 of the Act].

The EPA considers a child as a person who is actually or apparently under 18 years of age [see s. 2 of the EPA].

When do I have a legal duty to report?

Section 12(1) of the Act states that every person who has reasonable grounds to believe that a child is in need of protection must report the information to an officer or a peace officer.

Section 4(1) of the EPA states that every person who has reasonable grounds to believe that a child has been or is likely to be subjected to sexual abuse must report the information to a child protection office or peace officer.

The matter must be reported notwithstanding any claim of confidentially or professional privilege (except solicitor client privilege or Crown privilege) [see s. 12(2) of the Act and s. 4(2) of the EPA].

When is a child considered to be in need of protection/intervention?

Section 11 of the Act states that a child is “in need of protection” if:

As a result of an act or omission the child’s parent¹:
- The child has suffered or is likely to suffer physical harm, or serious impairment of mental or emotional functioning;
- The child has been or is likely to be exposed or subjected to harmful interaction for a sexual purpose, including sexual contact, activity or behavior; or sexually exploited by another person including conduct that may amount to an offence within the meaning of the Criminal Code;
- The child has not been or is not likely to be provided with necessary medical treatment;
- The child’s development is likely to be seriously impaired by failure to treat a mental, emotional or developmental condition;
- The child has been exposed to domestic violence or conflict that is likely to harm the child (physically or emotionally);
There is no adult who is able and willing to provide for the child’s needs, and physical or emotional harm to the child has occurred or is likely to occur;
The child is less than 12 and:
- there are reasonable grounds to believe the child has committed an offence under the Criminal Code or the Controlled Drugs and Substances Act (Canada), or the Cannabis Act (Canada) and family services are needed to prevent recurrence and/or
- the child’s parents are unable or unwilling to provide for the child’s needs.

Section 3 of the EPA states that a child has been subjected to sexual abuse if the child has been, or is likely to be, exposed to harmful interaction for a sexual purpose, including involvement in prostitution and involvement in conduct that may amount to an offence pursuant to the Criminal Code.

According to section 2(1) of the Act and s. 2(1) of the EPA, a parent means: a) the mother of the child b) the father of the child c) a person to whom custody of a child has been granted by a court of competent jurisdiction or by an instrument or agreement of custody and d) a person with whom a child resides and who stands in the place of a parent to the child. However, s. 2(1)(n) of the Act states that a parent does NOT include the minister or a person providing out-of-home care services on behalf of the minister.

How do I report and who should I report to?

During regular business hours, reports can be made in person at any Social Services child protection office (find closest office here) or by calling the local provincial child protection line:

Prince Albert (North): 1-866-719-6164
Saskatoon (Centre): 1-800-274-8297
Regina (South): 1-844-787-3760

For after hours incidents or concerns, reports can be made to the nearest After Hours Crisis Center:

Prince Albert: (306) 764-1011
Saskatoon: (306) 933-6200
Regina: (306) 569-2724
Local police/RCMP in other communities
Local First Nations Child and Family Service Agency

There does not appear to be a way to make a report online (as of April 2020).

I am a child in need of help. What should I do?

If it is an emergency, call 9-1-1.

If you are being abused, or know of another child who is being abused, call the child protective services number in Saskatchewan (see numbers in above question) and tell them what you know.

I want to remain anonymous when I report. Can I do that?

Yes. You must request that your name not be disclosed. Section 74 of the Act states that no person shall disclose the identity of a person who made the report and requested that their name not be disclosed, except while giving evidence in a protection hearing, or with written consent of the person to whom it relates.

The Government of Saskatchewan website for reporting abuse, neglect and interpersonal violence also states that a person reporting suspected neglect or abuse is not required to provide their name.

What if I am wrong? Will I get in trouble?

No. Section 12 of the Act states that no action will be brought against a person unless the report was made maliciously and without reasonable ground for belief.

Section 22 of the EPA also states that no action will be brought against any person for loss or damage suffered as a result of anything done in good faith².

“In good faith” refers to an honest and sincere intention to deal fairly with others. In this context it would refer to sincere belief or motive that is without malice or any desire to harm others.

Is there a penalty if I do not report information?

Yes. A person who fails to report a child in need of protection is guilty of an offence and is liable to a fine not more than $25,000, or to imprisonment not exceeding 24 months, or both [see s. 81(2) of the Act and s. 24(3) of the EPA].

Yukon

The following information was gleaned from provincial legislation and Child Protection Services websites. It is current to April 2020, and is provided as information only, not legal advice.

Provincial Legislation

Child and Family Services Act (2008) [the “Act”]

Important Links

Yukon Legislation:
http://www.gov.yk.ca/legislation/acts/chfase_c.pdf

Government of Yukon: Family and Children’s Services: Report Child Abuse:
https://yukon.ca/en/legal-and-social-supports/supports-youth/report-child-abuse#how-to-report-child-abuse-by-phone

Who is considered a child in Yukon?

According to the Act, a child means a person under 19 years of age.

When do I have a legal duty to report?

Section 22(1) of the Act states that a person who has a reason to believe that a child is in need of protective intervention shall immediately report the information on which they base their belief to the director of family and children’s services or a peace officer.

The matter must be reported even if the information on which the belief is based is confidential or is privileged (except as a result of a solicitor-client relationship) [see section 22(2) of the Act].

When is a child considered to be in need of protection/intervention?

According to the Act [see s. 21(1)] a child is in need of protective intervention in the following circumstances:

The child is or is likely to be physically harmed by their parent¹;
The child is or is likely to be sexually abused or exploited by their parent (this can include being inappropriately exposed to or subjected to sexual contact, activity or behaviour, or having been exposed to or encouraged to engage in prostitution);
The child is or is likely to be emotionally harmed by the conduct of the parent, this may include a pattern of behaviour that is harmful to the child’s emotional/psychological well-being;
The child is or is likely to be physically harmed, sexually abused or exploited, or emotionally harmed by another person and the parent does not protect the child;
The child is being deprived of health care that is necessary (according to a health care provider);
The child is abandoned, has no living parent, or no parent who is available to care for them and adequate provision has not been made for the child’s care;
The child is under 12 years of age and has committed a serious crime or, on more than one occasion, threatened to, or actually caused injury to another person, either with the parent’s encouragement or failure to respond, and the parent does not or is unavailable/unwilling to consent to services or treatment aimed at preventing reoccurrence.

According to section 1 of the Act a parent means (A) a mother or father of a child who has custody of the child (B) a mother or father who does not have custody of the child but who regularly exercises or attempts to exercise rights of access (C) a mother or father providing financial support for the child (D) a person to whom custody of a child has been granted by a court of competent jurisdiction or by an agreement or (E) a person with whom a child resides and who stands in place of the child’s mother or father. However, it does NOT include a caregiver.

How do I report and who should I report to?

The Yukon Health and Social Services website directs people to make a report by calling Family and Children’s Services, their regional social worker, or the RCMP. According to the website:

Family and Children’s Services can be reached at (867) 667-3002 or toll free (Yukon, Nunavut and the Northwest Territories) at 1-800-661-0408 ext. 3002
Regional social workers can be reached at the following numbers:
- Carcross: (867) 821-2920
- Carmacks/Pelly Crossing: (867) 863-5800
- Dawson: (867) 993-7890
- Faro: (867) 994-2749
- Haines Junction (including Destruction Bay, Burwash Landing, Beaver Creek): (867) 634-2203
- Mayo: (867) 996-2283
- Old Crow: (867) 966-3124
- Ross River: (867) 969-3200
- Teslin: (867) 390-2588
- Watson Lake: (867) 536-3204 or (867) 536-2232
The RCMP can be reached at (867) 667-5555.

There does not appear to be a way to make a report online (as of April, 2020).

I am a child/youth in need of help. What should I do?

If it is an emergency, call 9-1-1.

If you are being abused or know of another child who is being abused, call the child protective services number in the Yukon (see above for the numbers) and tell them what you know.

I want to remain anonymous when I report. Can I do that?

Yes. The Act states [see s. 22(5)] that no person shall disclose the identity of, or information that would identify, a person who made the report without consent of the person. The only exception is if it is required by an order of the court or a judge.

What if I am wrong? Will I get in trouble?

No. No action for damages may be brought against a person for reporting the information unless the person knowingly reports false information [see s. 22(4) of the Act].

Is there a penalty if I do not report information?

Yes. Any person who does not report, knowingly reports false information, or reveals the identity of someone who did report without their consent, is guilty of an offence and is liable for a fine of up to $10,000 or imprisonment for as long as one year, or both [see s. 156 of the Act].

If a person commits this offence more than once they are liable to a fine of up to $20,000 or to a term of imprisonment for as long as 2 years, or both [see s. 156 of the Act].

All information is based on legislation and other information made publicly available by provincial and territorial legislatures and child protection authorities as of April 2020. It is provided solely for personal use and it is not intended as legal advice. Consult with your local authority and/or an attorney authorized to practice in your jurisdiction should you have questions about the legal duty to report.

Child Sexual Abuse: Duty to Report

Overview

Why is it important to report suspicions of child sexual abuse and/or inappropriate behaviour?

When is there a legal duty to report a child in need of protection?

Why is it so important to report?

Children are vulnerable and we all have a moral duty to protect them

You may have a legal duty to report

Do I need to report historical abuse, or abuse that is now over?

Did you know?

A reporting person is protected against legal action if their report is made in good faith

If you are a child/youth in need of help — there is help available

Most provinces/territories protect the confidentiality of the reporting person2

Failing to report information can result in a fine/imprisonment

Knowingly reporting false information or reporting maliciously can result in a fine/imprisonment

Reporting by Province

Alberta

Provincial Legislation:

Important Links:

Who is considered a child in Alberta?

When do I have a legal duty to report?

When is a child considered to be in need of protection/intervention?

How do I report and who should I report to?

I am a child in need of help. What should I do?

I want to remain anonymous when I report. Can I do that?

What if I am wrong? Will I get in trouble?

Is there a penalty if I do not report information?

British Columbia

Provincial Legislation:

Important Links:

Who is considered a child in British Columbia?

When do I have a legal duty to report?

When is a child considered to be in need of protection/intervention?

How do I report and who should I report to?

I am a child in need of help, what should I do?

I want to remain anonymous when I report. Can I do that?

What if I am wrong? Will I get in trouble?

Is there a penalty if I do not report information?

Manitoba

Provincial Legislation:

Important Links:

Who is considered a child in Manitoba?

When do I have a legal duty to report?

When is a child considered to be in need of protection/intervention?

How do I report and who should I report to?

I am a child in need of help. What should I do?

I want to remain anonymous when I report. Can I do that?

What if I am wrong? Will I get in trouble?

Is there a penalty if I do not report information?

New Brunswick

Provincial Legislation:

Important Links:

Who is considered a child in New Brunswick?

When do I have a legal duty to report?

When is a child considered to be in need of protection/intervention?

How do I report and who should I report to?

I am a child in need of help. What should I do?

I want to remain anonymous when I report. Can I do that?

What if I am wrong? Will I get in trouble?

Is there a penalty if I do not report information?

Newfoundland and Labrador

Provincial Legislation:

Important Links:

Who is considered a child in Newfoundland and Labrador?

When do I have a legal duty to report?

When is a child considered to be in need of protection/intervention?

How do I report and who should I report to?

I am a child in need of help. What should I do?

I want to remain anonymous when I report. Can I do that?

What if I am wrong? Will I get in trouble?

Is there a penalty if I do not report information?

Nova Scotia

Provincial Legislation:

Important Links:

Who is considered a child in Nova Scotia?

When do I have a legal duty to report?

When is a child considered to be in need of protection/intervention?

How do I report and who should I report to?

I am a child in need of help. What should I do?

I want to remain anonymous when I report. Can I do that?

What if I am wrong? Will I get in trouble?

Most provinces/territories protect the confidentiality of the reporting person²