4th Session, 40th Legislature
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Bill 25
Section |
Table of Contents |
| PART 1 | |
| INTRODUCTORY PROVISIONS | |
| DEFINITIONS | |
| 1 | Definitions |
| BEST INTERESTS OF THE CHILD | |
| 2(1) | Best interests of the child |
| (2) | Application to all staff |
| PART 2 | |
| OFFICE OF CHILDREN'S ADVOCATE | |
| 3 | Appointment of Children's Advocate |
| 4 | Recommendation of Committee on Legislative Affairs |
| 5(1) | Officer of Assembly |
| (2) | No other public office |
| 6(1) | Term of office |
| (2) | Re-appointment |
| 7 | Resignation |
| 8(1) | Removal or suspension |
| (2) | Suspension when Assembly not sitting |
| 9(1) | Acting children's advocate |
| (2) | Responsibilities of acting children's advocate |
| (3) | Term of acting children's advocate |
| 10(1) | Salary |
| (2) | Reduction of salary |
| 11 | Expenses |
| 12(1) | Application of Civil Service Superannuation Act |
| (2) | Civil Service Act does not apply |
| (3) | Privileges of office |
| (4) | Employees under children's advocate |
| 13(1) | Oath of office |
| (2) | Oath of staff |
| 14 | Delegation |
| PART 3 | |
| RESPONSIBILITIES AND POWERS | |
| IN RELATION TO THE | |
| CHILD AND FAMILY SERVICES ACT | |
| RESPONSIBILITIES AND POWERS | |
| 15 | Matters under Child and Family Services Act |
| 16(1) | Reviewing and investigating complaints |
| (2) | Refusal to investigate complaints |
| 17 | Notice of refusal to investigate |
| 18 | Conducting inquiries, investigations and reports |
| 19(1) | Representing children |
| (2) | Representing a child who is receiving services |
| 20 | Advising the minister |
| 21 | Reviewing reports about children and families |
| REVIEW OF SERVICES AFTER DEATH OF CHILD | |
| 22(1) | Review of services after death of child |
| (2) | Purpose of review |
| (3) | Pending criminal investigation into child's death |
| (4) | Information from chief medical examiner |
| (5) | Report of findings and recommendations |
| (6) | Children's advocate not to determine culpability |
| (7) | Report is confidential |
| (8) | Independent review in case of conflict |
| (9) | No effect on Fatality Inquiries Act |
| REFERRAL BY COMMITTEE OF ASSEMBLY | |
| 23(1) | Referral by committee of Assembly |
| (2) | Report to committee by children's advocate |
| REFERRAL BY MINISTER | |
| 24(1) | Referral by minister |
| (2) | Report to minister |
| CARRYING OUT RESPONSIBILITIES | |
| 25 | Carrying out responsibilities |
| 26(1) | Information to be provided |
| (2) | Solicitor-client privilege |
| 27 | Protection from liability |
| PART 4 | |
| RESPONSIBILITIES AND POWERS | |
| IN RELATION TO THE ADOPTION ACT | |
| 28 | Application of Act to adoption matters |
| 29 | Carrying out responsibilities and powers |
| PART 5 | |
| REPORTS ABOUT INVESTIGATIONS, | |
| SPECIAL REPORTS AND ANNUAL REPORTS | |
| REPORTS ABOUT INVESTIGATIONS | |
| 30(1) | Reporting conclusions after an investigation |
| (2) | Reporting conclusions to director, authority and agency |
| (3) | Reporting results to place involved in investigation |
| (4) | Report about complaint to parent, guardian and child |
| (5) | Report to complainant |
| (6) | Application |
| SPECIAL REPORTS | |
| 31(1) | Special reports |
| (2) | Contents of special reports |
| ANNUAL REPORTS | |
| 32(1) | Annual report to the Assembly |
| (2) | Contents of annual report |
| (3) | Submitting annual report to Speaker |
| 33(1) | Tabling report in Assembly |
| (2) | Referral to standing committee |
| PART 6 | |
| GENERAL | |
| COMMUNICATION BY CHILD | |
| 34 | Communication by child |
| CONFIDENTIALITY | |
| 35(1) | Confidentiality |
| (2) | Disclosure re responsibilities and powers |
| (3) | Public reports — disclosure with consent |
| (4) | Providing information to be disclosed |
| (5) | Parent or guardian consenting on behalf of a child |
| (6) | If complainant is a child |
| (7) | Public reports — if disclosure already made public |
| (8) | Public reports — disclosing identifying information of other individuals |
| (9) | Prohibition re disclosure from adoption records |
| 36 | Records are confidential |
| PROTECTION FROM LIABILITY | |
| 37 | Protection from liability |
| NOT COMPELLABLE AS WITNESS | |
| 38 | Children's advocate and staff not compellable |
| OFFENCE AND PENALTY | |
| 39 | Offence and penalty |
| RULES AND PROCEDURE | |
| 40(1) | Rules by Assembly |
| (2) | Procedure of children's advocate |
| CONSULTATION RE IMPLEMENTING RECOMMENDATIONS OF COMMISSION | |
| 41(1) | Consultation re implementing recommendations of commission of inquiry |
| (2) | Consultation re expansion of mandate |
| (3) | Report to Speaker |
| PART 7 | |
| TRANSITIONAL PROVISION, CONSEQUENTIAL AMENDMENTS, C.C.S.M. REFERENCE AND | |
| COMING INTO FORCE | |
| TRANSITIONAL — CHILDREN'S ADVOCATE | |
| 42 | Transitional re Children's Advocate under Child and Family Services Act |
| AMENDMENTS TO THE CHILD AND FAMILY SERVICES ACT | |
| 43(1) | C.C.S.M. c. C80 amended |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| 8.0.1 | Children's advocate |
| (6) | |
| AMENDMENTS TO OTHER ACTS | |
| 44(1) | C.C.S.M. c. A2 amended |
| (2) | |
| (3) | |
| 8 | Children's advocate |
| 45(1) | C.C.S.M. c. F52 amended |
| (2) | |
| (3) | |
| (4) | |
| 46 | C.C.S.M. c. O45 amended |
| C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 47 | C.C.S.M. reference |
| 48 | Coming into force |