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Fourth Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 215

THE CHILD AND FAMILY SERVICES AMENDMENT ACT (DRUG-ENDANGERED CHILDREN)


Explanatory Note

(Assented to                                         )

WHEREAS the safety, security and well-being of children is of paramount concern to the Government of Manitoba;

AND WHEREAS the Government of Manitoba is committed to protecting children from the dangers associated with exposure to illegal drug manufacturing, indoor marijuana grow operations, trafficking and other forms of illegal drug activity;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C80 amended

1           The Child and Family Services Act is amended by this Act.

2(1)        Subsection 17(2) is amended by adding the following after clause (d):

(d.1) is a drug-endangered child;

2(2)        The following is added after subsection 17(2):

Drug-endangered child

17(3)       For the purposes of clause (2)(d.1), a child is a drug-endangered child if

(a) the person who has the care, custody, control or charge of the child

(i) exposes the child or allows the child to be exposed to, or to ingest, inhale or have any contact with, a chemical or other substance that the person uses to illegally manufacture a drug,

(ii) illegally manufactures a drug in the presence of the child, or causes or allows the child to enter or remain in any place or premises where a drug is illegally manufactured or stored,

(iii) possesses a chemical or other substance with which the person intends to illegally manufacture a drug in a place or premises where the child resides,

(iv) exposes the child or allows the child to be exposed to an indoor marijuana grow operation, or to the process of extracting oil or resins from cannabis plants, or

(v) involves the child in or exposes the child to trafficking as defined in the Controlled Drugs and Substances Act (Canada); or

(b) the child has been or is being abused, or there is a substantial risk that the child will be abused, because the person who has the care, custody, control or charge of the child exposes the child to any other form of illegal drug activity.

Definition: "drug"

17(4)        In subsection (3), "drug" means a controlled substance or an analogue, as defined in the Controlled Drugs and Substances Act (Canada).

Coming into force

3           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Act provides that a child is in need of protection if he or she is found in a place where illegal drugs are being produced, such as a methamphetamine lab or an indoor marijuana grow operation.