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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 210

THE CHILDREN'S ADVOCATE ACT



Section
Table of Contents            
PART 1
DEFINITIONS
1 Definitions
PART 2
OFFICE OF THE CHILDREN'S ADVOCATE
APPOINTMENT
2(1) Appointment of Children's Advocate
(2) Appointment process
(3) Timing
3(1) Officer of 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 when Assembly not sitting
ACTING CHILDREN'S ADVOCATE
8(1) Acting children's advocate
(2) Responsibilities of acting children's advocate
(3) Term of acting children's advocate
OATH OF OFFICE
9(1) Oath of office of children's advocate
(2) Oath of staff
PART 3
GENERAL RESPONSIBILITIES AND POWERS
RESPONSIBILITIES AND POWERS
10(1) Responsibilities
(2) Priority
11(1) United Nations Convention on the Rights of the Child
(2) Truth and Reconciliation Commission
12 Advice to ministers
13(1) Power to delegate
(2) Children's advocate may still exercise power
(3) Delegation in case of conflict
14 Access to places re designated services
15 No power to act as legal counsel
RIGHT TO INFORMATION
16(1) Right to information
(2) Duty to provide information
(3) Privileged information excluded
(4) Information for research purposes
(5) Providing research information
CONFIDENTIALITY AND PRIVACY
17(1) Confidentiality of information
(2) No disclosure re adoption records
18(1) Limits on disclosure of personal information
(2) Disclosure limits apply to reviews, investigations and reports
PART 4
REVIEWS AND INVESTIGATIONS OF CRITICAL INJURIES AND DEATHS
REVIEWS OF CRITICAL INJURIES AND DEATHS
19(1) Jurisdiction to review — critical injury to child
(2) Jurisdiction to review — critical injury to young adult
(3) Jurisdiction to review — death of child or young adult
(4) Purpose of review
20(1) Duty to report critical injury of child
(2) Duty to report critical injury of young adult
(3) Information provided at intervals
(4) Assessment before review
21 Disclosure of results of the review
INVESTIGATIONS OF CRITICAL INJURIES AND DEATHS
22(1) Investigations of critical injuries and deaths
(2) Persons notified of an investigation
23 Limits on jurisdiction to investigate
INVESTIGATIVE POWERS
24 Right to enter and inspect
25(1) Power to compel persons to answer questions and order disclosure
(2) Order to comply
REPORT AFTER INVESTIGATION
26(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
REFERRALS FOR INVESTIGATION BY ASSEMBLY OR LIEUTENANT
27(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
28(1) Service plan
(2) Plan submitted to Speaker
(3) Plan tabled in Assembly
ANNUAL REPORT
29(1) Annual report to Assembly
(2) Contents
(3) Compliance information may be included
(4) Submitting annual report to Speaker
(5) Tabling report in Assembly
(6) Referral to Standing Committee
SPECIAL REPORTS
30(1) Special reports
(2) Contents
CONSENT TO DISCLOSURE OF PERSONAL INFORMATION
31(1) Consent required to disclose personal information
(2) Exception re publicly available information
PART 6
GENERAL PROVISIONS
COMMUNICATION FROM CHILD OR YOUNG ADULT
32(1) Right to communicate with children's advocate
(2) Communication from child
(3) Information given to child
(4) Meaning of "facility"
PROTECTIONS FOR CHILDREN'S ADVOCATE
33 Protection from liability
34 Children's advocate and staff not compellable
PROTECTIONS FOR PERSONS GIVING INFORMATION
35(1) Protection from liability
(2) Communications privileged
(3) Defence under other enactments
(4) No retaliatory action against persons giving information
OFFENCE AND PENALTY
36 Offence and penalty
REGULATIONS
37 Regulations
RULES OF THE ASSEMBLY
38(1) Rules of the Assembly
(2) Procedure of children's advocate
REVIEW OF ACT
39 Review of Act
PART 7
TRANSITIONAL, CONSEQUENTIAL, C.C.S.M. REFERENCE AND COMING INTO
TRANSITIONAL
40(1) Transitional — definition of "former Act"
(2) Children's advocate continues in office
(3) Reviews of child deaths
(4) Transitional — Ombudsman's duties
(5) Transfer of records
CONSEQUENTIAL AMENDMENTS
The Adoption Act
41(1) C.C.S.M. c. A2 amended
(2)
(3)
The Child and Family Services Act
42(1) C.C.S.M. c. C80 amended
(2)
(3)
(4)
(5)
The Fatality Inquiries Act
43 C.C.S.M. c. F52 amended
10(1) Death of child or young adult reported to children's advocate
(2) Reports to be given to children's advocate
The Mental Health Act
44 C.C.S.M. c. M110 amended
The Ombudsman Act
45 C.C.S.M. c. O45 amended
C.C.S.M. REFERENCE AND COMING INTO FORCE
46 C.C.S.M. reference
47 Coming into force