Skip to main content
The Child and Family Services Amendment and Consequential Amendments Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

This search displays only the paragraphs with hits.
Match: Search:

You can use wild cards:

'*' allows for 0 or more characters (eg. ceas* will match 'cease', 'ceased', 'ceasing' and 'ceases')

'?' allows for 0 or 1 character (eg. cease? will match 'cease', 'ceases' and 'ceased', but not 'ceasing')

This search is not case sensitive.


S.M. 1998, c. 6

THE CHILD AND FAMILY SERVICES AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 29, 1998)

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

C.C.S.M. c. C80 amended

1         The Child and Family Services Act is amended by this Act.

2         Section 1 is amended by repealing the definition "children's advocate" and substituting the following:

"children's advocate" means the Children's Advocate appointed under subsection 8.1(1) and includes a person appointed under subsection 8.1(9) to act as the Children's Advocate; (« protecteur des enfants »)

3         Section 8.1 is repealed and the following is substituted:

OFFICE OF CHILDREN'S ADVOCATE

Appointment of Children's Advocate

8.1(1)    The Lieutenant Governor in Council shall, on the recommendation of the Standing Committee of the Assembly on Privileges and Elections, appoint a Children's Advocate.

Recommendation of Committee on Privileges and Elections

8.1(2)    Where

(a) the office of the children's advocate is vacant;

(b) the term of the children's advocate in office will expire within 12 months; or

(c) the children's advocate has tendered his or her resignation to take effect within 12 months;

the President of the Executive Council shall convene a meeting of the Standing Committee of the Assembly on Privileges and Elections which shall consider persons suitable to be appointed as children's advocate and shall make a recommendation respecting an appointment to the President of the Executive Council.

Officer of Legislature

8.1(3)    The children's advocate is an officer of the Legislature and is not eligible to be nominated for, elected as, or sit as, a member of the Assembly.

Term of office

8.1(4)    The children's advocate shall hold office for three years from the date of appointment, unless he or she sooner resigns, dies or is removed from office.

Re-appointment

8.1(5)    The children's advocate may, after a review by the Standing Committee of the Assembly on Privileges and Elections, be re-appointed for a second term of three years, but the children's advocate shall not hold office for more than two terms of three years.

Resignation

8.1(6)    The children's advocate may resign at any time by notifying the Speaker of the Assembly or, if there is no Speaker or the Speaker is absent, the Clerk of the Assembly.

Removal or suspension

8.1(7)    The Lieutenant Governor in Council shall remove the children's advocate from office or suspend the children's advocate on a resolution of the Assembly carried by a vote of 2/3 of the members present in the Assembly.

Suspension when Assembly not sitting

8.1(8)    If the Assembly is not sitting, the Lieutenant Governor in Council may suspend the children's advocate for cause or incapacity, but the suspension shall not continue in force beyond the end of the next session of the Legislature.

Acting children's advocate

8.1(9)    The Lieutenant Governor in Council may appoint an acting children's advocate if the office of children's advocate is vacant or if the children's advocate is suspended or removed or is absent for an extended period because of illness or another reason.

Term of acting children's advocate

8.1(10)   An acting children's advocate holds office until

(a) a person is appointed under subsection (1);

(b) the suspension of the children's advocate ends; or

(c) the children's advocate returns to office after an extended absence;

as the case may be.

Salary

8.1(11)   The children's advocate shall be paid a salary fixed by the Lieutenant Governor in Council, which shall be charged to and paid out of the Consolidated Fund.

Reduction of salary

8.1(12)   The salary of the children's advocate shall not be reduced except on a resolution of the Assembly carried by a vote of 2/3 of the members present in the Assembly.

Expenses

8.1(13)   The children's advocate shall be paid for travelling and out of pocket expenses incurred in the performance of duties.

Application of The Civil Service Superannuation Act

8.1(14)   The children's advocate, and all persons employed under him or her, are employees within the meaning of The Civil Service Superannuation Act.

Application of The Civil Service Act

8.1(15)   The children's advocate is not subject to The Civil Service Act except section 44 as it applies to elections other than provincial general elections and by-elections.

Privileges and perquisites of office

8.1(16)   The children's advocate is entitled to the privileges and perquisites of office, including holidays, vacations, sick leave and severance pay, of a member of the civil service who is not covered by a collective agreement.

Employees under children's advocate

8.1(17)   The Civil Service Act applies to persons employed under the children's advocate.

Oath of office

8.1(18)   Before beginning to perform his or her duties, the children's advocate shall take an oath before the Speaker of the Assembly or the Clerk of the Assembly to faithfully and impartially perform the duties of office and to not, except as provided in this Act, divulge any information received by him or her under this Act.

Oath of staff

8.1(19)   Every person employed under, or acting as a delegate of, the children's advocate shall, before beginning to perform his or her duties, take an oath before the children's advocate to not divulge, except as provided in this Act, any information received by him or her under this Act.

4         The heading "DUTIES" is added before section 8.2.

5(1)      Clause 8.2(1)(d) is amended

(a) by striking out "minister" and substituting "Speaker of the Assembly"; and

(b) in the English version, by striking out "and" at the end of the clause.

5(2)      Clause 8.2(1)(e) is repealed.

5(3)      Subsection 8.2(2) is amended by striking out "The minister shall lay" and substituting "The Speaker shall lay".

6         The following is added after section 8.2:

REFERRALS

Referrals by committee of Assembly

8.2.1(1)  The Standing Committee of the Assembly on Privileges and Elections may refer to the children's advocate for review, investigation and report any matter relating to

(a) the welfare and interests of children who receive or may be entitled to receive services under this Act; or

(b) services provided or available to children under this Act.

Report to committee by children's advocate

8.2.1(2)  Upon receiving a referral under subsection (1), the children's advocate shall

(a) subject to any special directions of the committee, review and investigate the matter to the extent that it is within his or her jurisdiction; and

(b) make any report to the committee that he or she considers appropriate.

Referral by minister

8.2.2(1)  The minister may refer to the children's advocate for review, investigation and report any matter relating to

(a) the welfare and interests of children who receive or may be entitled to receive services under this Act; or

(b) services provided or available to children under this Act.

Report to minister

8.2.2(2)  Upon receiving a referral under subsection (1), the children's advocate shall

(a) subject to any special directions of the minister, review and investigate the matter referred to the extent that it is within his or her jurisdiction; and

(b) make any report to the minister that he or she considers appropriate.

7         The heading "POWERS" is added before section 8.3.

8         Section 8.4 is amended by adding "except the power of delegation under this section and the power to make reports under this Act" after "powers of the children's advocate".

9         Subsection 8.10(3) is amended

(a) in the section heading by striking out "on investigations"; and

(b) in the subsection by adding "8.2.1 or 8.2.2" after"8.8".

10        Section 8.13 is repealed.

11        The following is added after section 8.13:

Rules by Assembly

8.14(1)   The Assembly may make general rules for the guidance of the children's advocate in the performance of duties and the exercise of powers under this Act.

Procedure of children's advocate

8.14(2)   Subject to this Act and any rules made under subsection (1), the children's advocate may determine his or her procedure.

12        Clause 86(u) is repealed.

C.C.S.M. c. F175 amended

13(1)     The Freedom of Information and Protection of Privacy Act is amended by this section.

13(2)     Section 1 is amended in the definition "officer of the Legislative Assembly" by adding ", the Children's Advocate" after "the Ombudsman".

C.C.S.M. c. L114 amended

14        Clause 6(b) and subsection 9(1) of The Legislative Assembly Management Commission Act are amended by adding ", the Children's Advocate" after "the Chief Electoral Officer".

Coming into force

15        This Act comes into force on a day fixed by proclamation.