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
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 |