Skip to main content
The Advocate for Children and Youth Act

S.M. 2017, c. 8

Bill 9, 2 nd Session, 41st Legislature

The Advocate for Children and Youth Act

THE ADVOCATE FOR CHILDREN AND YOUTH ACT
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 FORCE
TRANSITIONAL
41 (1) "Former Act" defined
(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
CONSEQUENTIAL AMENDMENTS
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