2nd Session, 41st Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
Bill 9
THE ADVOCATE FOR CHILDREN AND YOUTH ACT
Section |
Table of Contents |
PART 1 | |
DEFINITIONS | |
1 | Definitions |
PART 2 | |
OFFICE OF THE ADVOCATE FOR CHILDREN AND YOUTH | |
APPOINTMENT | |
2(1) | Appointment of Advocate for Children and Youth |
(2) | Appointment process |
3(1) | Officer of the Assembly |
(2) | No other public office |
4(1) | Term of office |
(2) | Re-appointment |
5(1) | Remuneration |
(2) | No reduction of salary |
(3) | Expenses |
6(1) | Civil Service Superannuation Act applies |
(2) | Civil Service Act does not apply |
(3) | Employees are civil servants |
RESIGNATION, REMOVAL OR SUSPENSION | |
7(1) | Resignation |
(2) | Removal or suspension |
(3) | Suspension if Assembly not sitting |
(4) | Length of suspension |
APPOINTMENT OF DEPUTY ADVOCATE FOR CHILDREN AND YOUTH | |
8(1) | Appointment of Deputy Advocate |
(2) | Experience working with Indigenous children, young adults and families |
ACTING ADVOCATE | |
9(1) | Acting Advocate |
(2) | Responsibilities of acting Advocate |
(3) | Term of acting Advocate |
OATH OF OFFICE | |
10(1) | Oath of office of Advocate |
(2) | Oath of staff |
PART 3 | |
GENERAL RESPONSIBILITIES AND POWERS | |
RESPONSIBILITIES AND POWERS | |
11(1) | Responsibilities |
(2) | Priority for children and young adults without others to assist them |
12 | United Nations Convention on the Rights of the Child |
13 | Advice to ministers |
14(1) | Power to delegate |
(2) | Advocate may still exercise power |
(3) | Delegation in case of conflict |
15 | Access to places re designated services |
16 | No power to act as legal counsel |
RIGHT TO INFORMATION | |
17(1) | Right to information |
(2) | Duty to provide information and assistance |
(3) | Privileged information excluded |
(4) | Information for research purposes |
(5) | Providing research information |
CONFIDENTIALITY AND PRIVACY | |
18(1) | Confidentiality of information |
(2) | No disclosure re adoption records |
(3) | Limits on disclosure re identity of informant |
(4) | Disclosure to another advocate or representative |
19(1) | Limits on disclosure of personal information |
(2) | Disclosure limits apply to reviews, investigations and reports |
PART 4 | |
REVIEWS AND INVESTIGATIONS OF SERIOUS INJURIES AND DEATHS | |
REVIEWS OF SERIOUS INJURIES AND DEATHS | |
20(1) | Jurisdiction to review — serious injury to child |
(2) | Jurisdiction to review — serious injury to young adult |
(3) | Jurisdiction to review — death of child or young adult |
(4) | Purpose of review |
21(1) | Duty to report serious injury to child |
(2) | Duty to report serious injury to young adult |
(3) | Information provided at intervals |
(4) | Assessment before review |
22 | Disclosure of results of the review |
INVESTIGATIONS OF SERIOUS INJURIES AND DEATHS | |
23(1) | Investigations of serious injuries and deaths |
(2) | Persons notified of an investigation |
24 | Limits on jurisdiction to investigate |
INVESTIGATIVE POWERS | |
25 | Right to enter and inspect |
26(1) | Power to compel persons to answer questions and order disclosure |
(2) | Order to comply |
REPORT AFTER INVESTIGATION | |
27(1) | Report after investigation |
(2) | Contents of report |
(3) | No finding of legal responsibility |
(4) | Persons given report |
(5) | Summary for child or young adult |
REFERRAL BY ASSEMBLY OR LIEUTENANT GOVERNOR IN COUNCIL FOR INVESTIGATION | |
28(1) | Referral by committee of Assembly or LG in C |
(2) | Report on a referral |
PART 5 | |
SERVICE PLAN, ANNUAL REPORT AND | |
SPECIAL REPORTS | |
SERVICE PLAN | |
29(1) | Service plan |
(2) | Plan submitted to Speaker |
(3) | Tabling plan in Assembly |
ANNUAL REPORT | |
30(1) | Annual report to Assembly |
(2) | Contents |
(3) | Comparison of actual and expected results required |
(4) | Compliance information may be included |
(5) | Submitting annual report to Speaker |
(6) | Tabling report in Assembly |
(7) | Referral to Standing Committee |
SPECIAL REPORTS | |
31(1) | Special reports |
(2) | Contents |
DISCLOSURE OF PERSONAL INFORMATION IN ANNUAL AND SPECIAL REPORTS | |
32(1) | Limits on disclosure of personal information |
(2) | No disclosure of an individual's name |
PART 6 | |
GENERAL PROVISIONS | |
COMMUNICATION FROM CHILD OR YOUNG ADULT | |
33(1) | Right to communicate with Advocate |
(2) | Communication from child |
(3) | Information given to child |
(4) | Meaning of "facility" |
PROTECTIONS FOR ADVOCATE | |
34 | Protection from liability |
35 | Advocate and staff not compellable |
PROTECTIONS FOR PERSONS GIVING INFORMATION | |
36(1) | Protection from liability |
(2) | Communications privileged |
(3) | Defence under other enactments |
(4) | No retaliatory action against persons giving information |
OFFENCE AND PENALTY | |
37 | Offence and penalty |
REGULATIONS | |
38 | Regulations |
RULES OF THE ASSEMBLY | |
39(1) | Rules of the Assembly |
(2) | Procedure of Advocate |
REVIEW OF ACT | |
40 | Review of Act |
PART 7 | |
TRANSITIONAL, CONSEQUENTIAL, C.C.S.M. REFERENCE AND COMING INTO | |
TRANSITIONAL | |
41(1) | |
(2) | Children's advocate continues in office |
(3) | If new appointment after March 1, 2017 |
(4) | Reviews of child deaths |
(5) | Transitional — Ombudsman's duties |
(6) | Transfer of records |
The Adoption Act | |
42(1) | C.C.S.M. c. A2 amended |
(2) | |
(3) | |
(4) | |
The Archives and Recordkeeping Act | |
43 | C.C.S.M. c. A132 amended |
The Child and Family Services Act | |
44(1) | C.C.S.M. c. C80 amended |
(2) | |
(3) | |
(4) | |
(5) | |
(6) | |
The Fatality Inquiries Act | |
45 | C.C.S.M. c. F52 amended |
10(1) | Death of child or young adult reported to Advocate for Children and Youth |
(2) | Reports to be given to Advocate |
The Francophone Community Enhancement and Support Act | |
46 | C.C.S.M. c. F157 amended |
The Freedom of Information and Protection of Privacy Act | |
47 | C.C.S.M. c. F175 amended |
The Legislative Assembly Management Commission Act | |
48 | C.C.S.M. c. L114 amended |
The Legislative Library Act | |
49 | C.C.S.M. c. L120 amended |
The Mental Health Act | |
50 | C.C.S.M. c. M110 amended |
The Ombudsman Act | |
51 | C.C.S.M. c. O45 amended |
52 | C.C.S.M. c. P217 amended |
C.C.S.M. REFERENCE AND COMING INTO FORCE | |
53 | C.C.S.M. reference |
54 | Coming into force |