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Fifth 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 3

THE HEALTHY CHILD MANITOBA ACT


Table of Contents Explanatory Note

(Assented to                                         )

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

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"advisory committee" means the Provincial Healthy Child Advisory Committee established in section 21. (« Comité consultatif »)

"community partner'' means a community organization or other body that delivers a government-funded program or service for children or their families. (« partenaire communautaire »)

"department" means a department, branch or office of the executive government of the province. (« ministère »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"parent-child coalition" means a parent-child coalition recognized under section 22. (« coalition parents-enfants »)

"partner department" means a department whose minister is a member of the Healthy Child Committee of Cabinet. (« ministère partenaire »)

"personal health information" means personal health information as defined in The Personal Health Information Act. (« renseignements médicaux personnels »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)

"public body" means a public body as defined in The Freedom of Information and Protection of Privacy Act. (« organisme public »)

Purpose

2           The purpose of this Act is to guide the development, implementation and evaluation of the Healthy Child Manitoba strategy in the government and in Manitoba communities generally.

Healthy Child Manitoba strategy

3(1)        The Healthy Child Manitoba strategy is the government's prevention and early intervention strategy to achieve the best possible outcomes for Manitoba's children with respect to their

(a) physical and emotional health;

(b) safety and security;

(c) learning success; and

(d) social engagement and responsibility.

Collaboration in the strategy

3(2)        To achieve the strategy, the government is to collaborate with community partners, governments and others as it considers appropriate with respect to research, policy development, program development, implementation and evaluation of the strategy.

HEALTHY CHILD COMMITTEE OF CABINET

Healthy Child Committee of Cabinet

4           The committee of the Executive Council called the "Healthy Child Committee of Cabinet" is continued.

Role

5(1)        The Healthy Child Committee of Cabinet is to establish a framework for developing, implementing and evaluating the Healthy Child Manitoba strategy.

Responsibilities

5(2)        The responsibilities of the Healthy Child Committee of Cabinet include

(a) making recommendations to Cabinet about the strategy;

(b) approving guidelines relating to the strategy, including evaluation guidelines;

(c) monitoring the implementation of the strategy in each member's department and across partner departments;

(d) ensuring that partner departments work collaboratively on an evidence-based, cross-departmental approach to research, policy development, program development, resource allocation, implementation and evaluation of government-funded programs and services that directly impact children and their families;

(e) making recommendations to the government about financial priorities and resource allocations across the partner departments in relation to the strategy, including funding to support the initiatives of parent-child coalitions; and

(f) facilitating community development related to the strategy.

Ministers who are members of committee

6(1)        The Healthy Child Committee of Cabinet consists of ministers responsible for policies, programs or services that directly impact the lives of children, as determined by the Lieutenant Governor in Council.

Chair

6(2)         The minister responsible for this Act is to be the chair of the Healthy Child Committee of Cabinet.

Meetings

7(1)        The Healthy Child Committee of Cabinet is to meet at least five times each year, at the call of the chair.

Meeting with chair of advisory committee

7(2)        The chair of the Healthy Child Committee of Cabinet, or his or her designate, is to meet at least once each year with the chair of the advisory committee.

Requesting analysis and information

8           The Healthy Child Committee of Cabinet may require partner departments to analyze or provide information that it considers necessary in relation to its responsibilities under this Act.

Secretary to committee

9(1)        The Lieutenant Governor in Council may appoint the chief executive officer of the Healthy Child Manitoba Office as secretary to the Healthy Child Committee of Cabinet.

Duties of secretary

9(2)        The secretary is to perform the duties and functions assigned by the Healthy Child Committee of Cabinet.

Evaluation

10          The Healthy Child Committee of Cabinet may require the Healthy Child Manitoba Office or a partner department to evaluate government policies, programs or services that directly impact children and their families, including process and outcome evaluations.

Healthy Child Deputy Ministers' Committee

11(1)       The deputy ministers of the partner departments are designated as the Healthy Child Deputy Ministers' Committee to assist the Healthy Child Committee of Cabinet in carrying out its responsibilities.

Chair

11(2)       The Healthy Child Committee of Cabinet is to appoint a chair of the Healthy Child Deputy Ministers' Committee, who must not be the deputy minister of the same department as the chair of the Healthy Child Committee of Cabinet.

HEALTHY CHILD MANITOBA OFFICE

Healthy Child Manitoba Office

12          The Healthy Child Manitoba Office is continued under the direction of the Healthy Child Committee of Cabinet.

Responsibilities

13(1)       The office is to assist the Healthy Child Committee of Cabinet, the Healthy Child Deputy Ministers' Committee and the minister in carrying out their responsibilities under this Act.  The assistance may include

(a) making recommendations to the Healthy Child Committee of Cabinet about the Healthy Child Manitoba strategy;

(b) working with the partner departments, community partners, governments and others to develop, implement and evaluate the strategy, as established by the Healthy Child Committee of Cabinet, in the government and Manitoba communities;

(c) facilitating community development in relation to the strategy by working with parent-child coalitions and others;

(d) working with the advisory committee, parent-child coalitions and others to obtain public input into the strategy; and

(e) engaging in or commissioning research in relation to the strategy.

Other duties

13(2)       The office may administer or deliver programs or services relating to the strategy that are

(a) established under this Act or any other enactment; or

(b) assigned to it by the Healthy Child Committee of Cabinet or the minister.

Chief executive officer

14(1)       A chief executive officer for the Healthy Child Manitoba Office is to be appointed in accordance with The Civil Service Act.

Duties

14(2)       The chief executive officer is to perform the duties and functions assigned by the Healthy Child Committee of Cabinet and the minister.

Staff

14(3)       Employees as may be required to carry out the responsibilities of the office may be appointed in accordance with The Civil Service Act.

Report on Manitoba's children

15(1)       At least once every five years, the Healthy Child Manitoba Office must give the minister a report on the status of Manitoba's children in relation to achieving the outcomes of the Healthy Child Manitoba strategy.

Tabling report

15(2)       The minister must table a copy of a report received under subsection (1) in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, the minister must, without delay, make the report public and, within 15 days after the next sitting begins, table a copy of a report in the Assembly.

Annual report

16          The office must prepare an annual report on its activities, which the minister must table in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

Other reports

17          The office may prepare and distribute any other report respecting this Act or the strategy that the minister considers appropriate.

REQUIRING AND DISCLOSING INFORMATION

Non-identifying information

18          The office must not request or disclose personal information or personal health information under this Act if other information will serve the purpose of the request or disclosure.

Requirement to provide information to office

19(1)       The office may require another public body or a community partner to provide personal information or personal health information to, or collect personal information or personal health information on behalf of, the office for the purpose of researching, planning, implementing, evaluating or monitoring the Healthy Child Manitoba strategy as set out in section 3.

Public body or community partner must comply

19(2)       A public body or community partner required to provide or collect personal information or personal health information under subsection (1) must do so.

Disclosing information

20(1)       For any of the purposes stated in subsection 19(1), the office may disclose personal information or personal health information to

(a) another public body; or

(b) a government or entity that has entered into an agreement under section 26.

Agreement must protect information

20(2)       An agreement about disclosure of personal information or personal health information referred to in clause (1)(b) must include provisions protecting that information from such risks as unauthorized access, use, disclosure, destruction or alteration.

Other disclosures authorized by law

20(3)       Nothing in this section limits the authority of the office to disclose personal information or personal health information where authorized or required to do so by law, including The Freedom of Information and Protection of Privacy Act or The Personal Health Information Act.

PROVINCIAL HEALTHY CHILD ADVISORY COMMITTEE

Advisory committee established

21(1)       The Provincial Healthy Child Advisory Committee is established.

Role of advisory committee

21(2)       The role of the advisory committee is to

(a) advise the Healthy Child Committee of Cabinet and the Healthy Child Manitoba Office about any matter relating to the Healthy Child Manitoba strategy; and

(b) assist in identifying and assessing community strengths and needs relating to children and their families.

Members appointed by minister

21(3)       The minister is to appoint at least 12 persons to the advisory committee, six of whom must be chosen from a list of persons recommended by parent-child coalitions.

Criteria

21(4)       In appointing or reappointing members to the advisory committee, the minister must endeavour to include

(a) persons who represent Manitoba's various regions and its cultural diversity, including the aboriginal and francophone communities;

(b) persons who are parents of children under 18 years of age; and

(c) persons who have recognized expertise in prevention or early intervention strategies, in child development, or research or evaluation methods.

Term of office

21(5)       A member is to be appointed for a term not exceeding three years.

Appointment continues

21(6)       After a member's term expires, the member continues to hold office until he or she is reappointed, the appointment is revoked or a successor is appointed.

Chair and vice-chair

21(7)       The minister must designate one member of the advisory committee as chair and another as vice-chair, to act if the chair is absent or unable to act.

Remuneration and expenses

21(8)       The minister may approve the payment of remuneration to the chair and reasonable expenses to advisory committee members.

PARENT-CHILD COALITIONS

Parent-child coalitions recognized

22          The Healthy Child Committee of Cabinet may recognize any group of organizations as a parent-child coalition for the purposes of this Act if the group

(a) is located in a region or represents a community;

(b) supports achieving the outcomes of the Healthy Child Manitoba strategy; and

(c) meets any other criteria specified by the Healthy Child Committee of Cabinet.

Grants to parent-child coalitions

23          The Minister of Finance, on the recommendation of the Healthy Child Committee of Cabinet, may make grants to parent-child coalitions for the purpose of carrying out initiatives that relate to the Healthy Child Manitoba strategy out of money appropriated by the Legislature for that purpose.

Criteria for receiving a grant

24(1)       To be eligible for a grant, a parent-child coalition must

(a) be recognized as a parent-child coalition under section 22;

(b) facilitate community development in relation to the Healthy Child Manitoba strategy, including

(i) identifying needs and priorities of children and their families in the region or community,

(ii) enhancing and developing community-based programs and services to address those needs and priorities, and

(iii) implementing and evaluating those programs and services in collaboration with the Healthy Child Manitoba Office;

(c) submit an annual plan to the office that is satisfactory to the minister and includes proposed initiatives and any other information required by the minister;

(d) submit an annual progress report to the office that is satisfactory to the minister about initiatives previously undertaken; and

(e) meet any other criteria established by the Healthy Child Committee of Cabinet or the office.

Terms and conditions of a grant

24(2)       A parent-child coalition that receives a grant must comply with any terms and conditions that the Healthy Child Committee of Cabinet or the Healthy Child Manitoba Office considers appropriate.

MISCELLANEOUS PROVISIONS

Grants

25          The Minister of Finance, on the recommendation of the Healthy Child Committee of Cabinet, may make grants to persons or entities for any purpose under this Act out of money appropriated by the Legislature for that purpose, subject to any terms and conditions that the Healthy Child Committee of Cabinet considers appropriate.

Agreements

26          The minister may enter into an agreement with any person, government or entity for the purposes of this Act.

Delegation by minister

27          The minister may delegate to an employee of the government any power conferred or duty imposed on the minister under this Act, except the power to make regulations.

Regulations

28          The minister may make regulations

(a) establishing advisory bodies for any purpose related to this Act;

(b) establishing programs or services relating to the Healthy Child Manitoba strategy;

(c) respecting any matter necessary or advisable to carry out the purposes of this Act.

C.C.S.M. reference

29          This Act may be referred to as chapter H37 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

30          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill sets out the Healthy Child Manitoba strategy, which is the government's prevention and early intervention strategy to achieve the best possible outcomes for Manitoba's children.

The Healthy Child Committee of Cabinet, the Healthy Child Manitoba Office and other government bodies are to develop, implement and evaluate the strategy.

As well, the Provincial Healthy Child Advisory Committee and parent-child coalitions are to advise the government and facilitate community involvement regarding the strategy.