2nd Session, 41st Legislature
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Bill 210
THE CHILDREN'S ADVOCATE ACT
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(Assented to )
WHEREAS Manitoba is committed to ensuring the rights and interests of children and young adults are recognized and protected and that their views are heard and considered by the Government of Manitoba and by those who provide or fund services to children and young adults;
AND WHEREAS Manitoba recognizes that children and young adults have the right to learn and develop, to be protected from harm, to receive care and assistance, to participate in the decisions affecting them, and to share and contribute to family, culture and social life;
AND WHEREAS Manitoba recognizes that Indigenous culture and Indigenous societal values require a holistic understanding of the best interests of children and young adults within healthy families, and acknowledges the importance of those societal values in supporting the resiliency of children, young adults and families;
AND WHEREAS Manitoba is committed to the implementation of the United Nations Convention on the Rights of the Child, adopted by the General Assembly of the United Nations on November 20, 1989, and ratified by Canada on December 13, 1991;
AND WHEREAS Manitoba is committed to reconciliation as guided by the Truth and Reconciliation Commission's calls to action;
AND WHEREAS Manitoba recognizes the need for an independent officer of the Legislative Assembly who, guided by Indigenous culture and Indigenous societal values, will advocate for the rights and interests of children and young adults and assist the Legislative Assembly and the Government of Manitoba in ensuring the needs of children and young adults are met;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
DEFINITIONS
The following definitions apply in this Act.
"child" means a person under the age of 18 years. (« enfant »)
"children's advocate" means the Children's Advocate appointed under section 2. (« protecteur des enfants »)
"critical injury" means an injury that may
(a) result in death; or
(b) cause serious or long-term impairment to health. (« blessure grave »)
"designated service" means any of the following services or programs provided or funded by the government:
(a) services and programs for children and their families provided under The Child and Family Services Act or The Adoption Act;
(b) disability services for children, as described in the regulations;
(c) early childhood development and child care services for children and their families, including services provided in accordance with The Community Child Care Standards Act;
(d) educational programming for children in the care of an agency under The Child and Family Services Act who have, or are eligible to have, an individual education plan under The Public Schools Act;
(e) mental health services for children provided by or on behalf of a public body or a health care facility;
(f) addiction services for children provided by or on behalf of a public body or a health care facility;
(g) youth justice services;
(h) the following services for young adults:
(i) services provided under subsection 50(2) of The Child and Family Services Act for former permanent wards to assist them in their transition to independence,
(ii) disability services described in the regulations for young adults with a mental disability (as defined in The Vulnerable Persons Living with a Mental Disability Act) who were receiving any services under The Child and Family Services Act immediately before their 18th birthday,
(iii) educational programming for young adults who were in the care of an agency under The Child and Family Services Act immediately before their 18th birthday and who have, or are eligible to have, an individual education plan under The Public Schools Act;
(i) additional services or programs described in the regulations. (« services désignés »)
"fiscal year" means the period beginning on April 1 of one year and ending on March 31 of the following year. (« exercice »)
"health care facility" has the same meaning as in The Personal Health Information Act, but excludes a medical clinic or laboratory that is privately operated. (« établissement de soins de santé »)
"parent" and "guardian" have the same meaning as in The Child and Family Services Act. (« parent » et « tuteur »)
"person" includes a trustee as defined in The Personal Health Information Act. (« personne »)
"personal health information" has the same meaning as in The Personal Health Information Act. (« renseignements médicaux personnels »)
"personal information" has the same meaning as in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)
"public body" means a public body as defined in The Freedom of Information and Protection of Privacy Act. (« organisme public »)
"reviewable service" means any of the following designated services:
(a) services and programs for children and their families provided under The Child and Family Services Act or The Adoption Act;
(b) mental health services for children provided by or on behalf of a public body or a health care facility;
(c) addiction services for children provided by or on behalf of a public body or a health care facility;
(d) youth justice services;
(e) services for young adults provided under subsection 50(2) of The Child and Family Services Act to assist former permanent wards in their transition to independence;
(f) additional designated services that are set out in the regulations. (« services sujets à examen »)
"young adult" means a person 18 years of age or older but under 21 years of age. (« jeune adulte »)
"youth justice services" means services under The Correctional Services Act for children in custody or under supervision pursuant to an order under the Youth Criminal Justice Act (Canada). (« services en matière de justice pour adolescents »)
PART 2
OFFICE OF THE CHILDREN'S ADVOCATE
APPOINTMENT
Appointment of Children's Advocate
The Lieutenant Governor in Council must, on the recommendation of the Standing Committee of the Assembly on Legislative Affairs, appoint a Children's Advocate.
Subject to subsection (3), the process for providing the recommendation is as follows:
(a) the President of the Executive Council must convene a meeting of the Standing Committee on Legislative Affairs;
(b) the Standing Committee must consider candidates for the position of children's advocate and make a recommendation to the President of the Executive Council.
If the position of children's advocate is vacant, the meeting must be called within one month of the vacancy and the recommendation provided within the next five months. But if the position is expected to become vacant within six months, either because the term of office is scheduled to expire or the children's advocate has given notice of resignation, then the meeting must be called and the recommendation made before the term expires.
The children's advocate is an officer of the Assembly.
The children's advocate may not hold any other public office or engage in any partisan political activity.
The children's advocate is to hold office for a term of five years.
The children's advocate may be re-appointed for a second term of five years but may not hold office for more than two five-year terms.
The children's advocate must be paid a salary fixed by the Lieutenant Governor in Council and is entitled to the same privileges of office as a civil servant who is not covered by a collective agreement.
The salary of the children's advocate must not be reduced except on a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.
The children's advocate must be reimbursed for reasonable travelling and out-of-pocket expenses incurred in carrying out his or her responsibilities.
Civil Service Superannuation Act applies
The children's advocate and all persons employed under the children's advocate are employees within the meaning of The Civil Service Superannuation Act.
Civil Service Act does not apply
The children's advocate is not subject to The Civil Service Act.
The Civil Service Act applies to persons employed under the children's advocate.
RESIGNATION, REMOVAL OR SUSPENSION
The children's advocate may resign at any time by giving written notice to the Speaker of the Assembly or, if the Speaker is absent or there is no Speaker, to the Clerk of the Assembly.
The Lieutenant Governor in Council may suspend or remove the children's advocate from office on a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.
Suspension when Assembly not sitting
If the Assembly is not sitting, the Lieutenant Governor in Council may suspend the children's advocate for cause or incapacity, but the suspension must not continue beyond the end of the next session of the Legislature.
ACTING CHILDREN'S ADVOCATE
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 is absent for an extended period because of illness or another reason.
Responsibilities of acting children's advocate
An acting children's advocate must carry out the responsibilities and may exercise the powers of the children's advocate.
Term of acting children's advocate
An acting children's advocate holds office until a new children's advocate is appointed, or until the children's advocate returns to office after a suspension or extended absence.
OATH OF OFFICE
Oath of office of children's advocate
Before beginning to carry out responsibilities or exercise powers under this Act, the children's advocate must take an oath before the Speaker or the Clerk of the Assembly to faithfully and impartially carry out the responsibilities of office and not to disclose any information received under this Act except as provided in this Act.
Every person employed under or acting as a delegate of the children's advocate must, before beginning to carry out his or her responsibilities, take an oath before the children's advocate not to disclose any information received under this Act except as provided in this Act.
PART 3
GENERAL RESPONSIBILITIES AND POWERS
RESPONSIBILITIES AND POWERS
The children's advocate has the following responsibilities:
(a) to support, assist, inform and advise children, young adults and their families respecting designated services, including
(i) by providing information and advice to children, young adults and their families about how to effectively access designated services and how to become effective self-advocates with respect to those services,
(ii) by representing the rights, interests and viewpoints of children and young adults receiving or eligible to receive designated services, including by advocating on their behalf, and
(iii) by supporting, promoting in communities and commenting publicly on advocacy services for children, young adults and their families with respect to designated services;
(b) to conduct research on the provision of a designated service for the purpose of making recommendations to improve the effectiveness and responsiveness of that service;
(c) to review, investigate and report on the critical injuries and deaths of children and young adults as set out in Part 4;
(d) to monitor the implementation of recommendations included in reports made under section 26 (investigation) or special reports made under section 30;
(e) to carry out other responsibilities as set out in this Act.
In carrying out the responsibilities under this Act, the children's advocate must give priority to those children and young adults who do not have others who can assist them to advocate with respect to designated services.
United Nations Convention on the Rights of the Child
The children's advocate may take steps to raise awareness and understanding of the United Nations Convention on the Rights of the Child and the implementation of the Convention in Manitoba.
Truth and Reconciliation Commission
The children's advocate may take steps to raise awareness and understanding of the calls to action of the Truth and Reconciliation Commission.
The children's advocate may advise a minister responsible for the provision of a designated service about any matter relating to that service that the children's advocate considers appropriate.
The children's advocate may, in writing, delegate to a person any responsibility or power of the children's advocate under this Act, except the power to make a report or to further delegate a responsibility or power.
Children's advocate may still exercise power
A delegation does not prevent the children's advocate from exercising the delegated responsibility or power at any time.
Delegation in case of conflict
Despite subsections (1) and (2), if the children's advocate is in a conflict of interest concerning a matter, he or she may delegate in writing to any person any responsibility or power respecting the matter, including the power to make a report.
Access to places re designated services
When, for the purpose of carrying out responsibilities under this Act, the children's advocate requests access to a place where children or young adults receive a designated service, the owner or person in charge of the place must provide access at a time when it is reasonable and safe to do so.
No power to act as legal counsel
The children's advocate may not act as legal counsel.
RIGHT TO INFORMATION
If the children's advocate determines that it is necessary, the children's advocate may require a public body or other person to provide any information in its custody or under its control — including personal information and personal health information — necessary to enable the children's advocate to carry out responsibilities or exercise powers under this Act.
Despite any other enactment, the public body or other person must provide the children's advocate with the information the children's advocate requires.
Privileged information excluded
Despite subsection (1), the children's advocate may not require information that is subject to a legal privilege, including solicitor-client privilege, the privilege respecting Cabinet confidences and the privilege in section 9 of The Manitoba Evidence Act (hospital, standards and critical incident review committees).
Information for research purposes
When conducting research under clause 10(1)(b), the children's advocate must not request personal information or personal health information if other information will serve the purpose of the research.
Providing research information
Information requested for research under clause 10(1)(b) is to be provided at the times and in the manner agreed on by the children's advocate and the public body or other person.
CONFIDENTIALITY AND PRIVACY
Confidentiality of information
The children's advocate, and anyone employed under or acting as a delegate of the children's advocate, must
(a) maintain confidentiality about all matters that come to their knowledge in the course of their work under this Act; and
(b) not disclose information to any person except as required to carry out responsibilities and exercise powers under this Act.
No disclosure re adoption records
The children's advocate, and anyone employed under or acting as a delegate of the children's advocate, must not disclose personal information or potentially identifying information relating to the granting of an order of adoption under The Adoption Act.
Limits on disclosure of personal information
The children's advocate, and anyone employed under or acting as a delegate of the children's advocate, must ensure that any disclosure of personal information, personal health information or potentially identifying information
(a) is necessary to accomplish the purpose for which the disclosure is made; and
(b) is limited to the minimum amount of information necessary to accomplish that purpose.
Disclosure limits apply to reviews, investigations and reports
For certainty, subsection (1) applies during any review or investigation conducted under this Act and in relation to the making of any report under this Act.
PART 4
REVIEWS AND INVESTIGATIONS OF CRITICAL INJURIES AND DEATHS
REVIEWS OF CRITICAL INJURIES AND DEATHS
Jurisdiction to review — critical injury to child
The children's advocate may review a critical injury to a child who was receiving, or whose family was receiving, a reviewable service at the time of the injury or in the year before the injury.
Jurisdiction to review — critical injury to young adult
The children's advocate may review a critical injury to a young adult who was receiving services under subsection 50(2) (transition to independence) of The Child and Family Services Act at the time of the injury or in the year before the injury.
Jurisdiction to review — death of child or young adult
After receiving notice of the death of a child or young adult from the chief medical examiner under The Fatality Inquiries Act, the children's advocate may review
(a) a child's death, if the child or his or her family was receiving a reviewable service at the time of the death or in the year before the death; and
(b) a young adult's death, if the young adult was receiving services under subsection 50(2) of The Child and Family Services Act at the time of the death or in the year before the death.
A review under this section may be conducted for the following purposes:
(a) to determine whether to investigate the critical injury or death under section 22;
(b) to identify and analyse recurring circumstances or trends
(i) to improve the effectiveness and responsiveness of reviewable services, or
(ii) to inform improvements to public policies relating to designated services.
Duty to report critical injury of child
After a government department or regional health authority responsible for the provision of a reviewable service becomes aware of a critical injury to a child for which a review may be conducted under subsection 19(1), it must provide information about the injury to the children's advocate.
Duty to report critical injury of young adult
After the government department responsible for the provision of services under The Child and Family Services Act becomes aware of a critical injury to a young adult for which a review may be conducted under subsection 19(2), it must provide information about the injury to the children's advocate.
Information provided at intervals
For the purpose of this section, a government department or regional health authority may compile information relating to one or more critical injuries and provide it to the children's advocate at intervals agreed on by the children's advocate and the department or health authority.
The children's advocate must assess each report of a critical injury or death that he or she receives to determine if there is jurisdiction to review the injury or death under section 19 and whether a review is warranted.
Disclosure of results of the review
If, after completing a review under section 19, the children's advocate decides not to investigate under section 22, the children's advocate may disclose the results of the review to
(a) the government department or regional health authority responsible for the provision of the reviewable service that is the subject of the review;
(b) the public body or other person who provided the reviewable service; and
(c) any other person or entity the children's advocate considers appropriate to notify in the circumstances.
INVESTIGATIONS OF CRITICAL INJURIES AND DEATHS
Investigations of critical injuries and deaths
The children's advocate may investigate a critical injury or death of a child or young adult if, after completing a review under section 19, the children's advocate considers that
(a) a reviewable service, or related policies or practices, might have contributed to the critical injury or death; and
(b) the critical injury or death,
(i) in the case of a child, was or may have been due to one or more of the circumstances set out in section 17 (child in need of protection) of The Child and Family Services Act,
(ii) occurred in unusual or suspicious circumstances, or
(iii) was, or may have been, self-inflicted or inflicted by another person.
Persons notified of an investigation
On deciding to investigate a critical injury or death under this Part, the children's advocate must notify
(a) the minister responsible for the provision of a reviewable service that is a subject of the investigation;
(b) the public body or other person that provided a reviewable service that is a subject of the investigation;
(c) if the reviewable service was provided by a child and family services agency, its mandating authority under The Child and Family Services Act;
(d) if the reviewable service was funded by a regional health authority, that authority; and
(e) any other person or entity the children's advocate considers appropriate to notify in the circumstances.
Limits on jurisdiction to investigate
Despite section 22, this Act does not authorize the children's advocate to investigate a critical injury or death of a child or young adult
(a) until the completion of any criminal investigation and criminal court proceedings respecting the critical injury or death, unless the Attorney General or delegate gives the children's advocate written permission to proceed with an investigation;
(b) if an investigation into the death is conducted under The Fatality Inquiries Act, until the earliest of the following events:
(i) the investigation is completed and the chief medical examiner has, under section 19 of that Act, determined whether an inquest ought to be held,
(ii) the chief medical examiner gives the children's advocate written permission to proceed with an investigation,
(iii) one year after the death;
(c) if, at the time of the critical injury or death, written procedures for investigating critical injuries or deaths are in place under another enactment, and an investigation is conducted, until the earliest of the following events:
(i) the investigation is completed,
(ii) the investigating body gives the children's advocate written permission to proceed with an investigation,
(iii) one year after the critical injury or death.
INVESTIGATIVE POWERS
For the purpose of an investigation under this Part, the children's advocate may at any reasonable time enter and inspect any place where a reviewable service being investigated is or was provided.
Power to compel persons to answer questions and order disclosure
For the purpose of an investigation under this Part and subject to subsection 16(3) (privileged information), the children's advocate may make one or both of the following orders:
(a) an order requiring a person to attend, personally or by electronic means, before the children's advocate to answer questions on oath or affirmation, or in any other manner;
(b) an order requiring a public body or other person to produce for the children's advocate a record or thing in the person's possession or under his or her control.
The children's advocate may apply to the Court of Queen's Bench for an order directing a person or public body to comply with an order made under subsection (1).
REPORT AFTER INVESTIGATION
After investigating a critical injury or death of a child or young adult under this Part, the children's advocate must make a report on that injury or death.
A report must contain the reasons the children's advocate had for undertaking the investigation and his or her findings and may
(a) contain recommendations for
(i) the public body or other person that provided a reviewable service that is a subject of the investigation, or
(ii) any other public body or person the children's advocate considers appropriate; and
(b) address any other matters the children's advocate considers relevant.
No finding of legal responsibility
The findings of the children's advocate must not contain any finding of legal responsibility.
A copy of the report must be given to
(a) the minister responsible for the provision of a reviewable service that is a subject of the investigation;
(b) any public body or other person that is a subject of recommendations in the report;
(c) if the report makes recommendations for a child and family services agency, its mandating authority under The Child and Family Services Act;
(d) if the report makes recommendations for a public body or other person funded by a regional health authority, that authority; and
(e) the chief medical examiner if the report concerns the death of a child or young adult.
Summary for child or young adult
If the children's advocate considers it appropriate to do so, the advocate may provide a summary of the report to the child or young adult who is the subject of the report and to the child's parent or guardian.
REFERRALS FOR INVESTIGATION BY ASSEMBLY OR LIEUTENANT GOVERNOR IN COUNCIL
Referral by committee of Assembly or LG in C
A standing committee of the Assembly or the Lieutenant Governor in Council may refer a critical injury or death of a child or young adult to the children's advocate for investigation and report under this Part.
After receiving a referral, the children's advocate must investigate the critical injury or death so far as it is within the children's advocate's jurisdiction under this Part, and make a report to the standing committee or the Lieutenant Governor in Council as the children's advocate considers appropriate.
PART 5
SERVICE PLAN, ANNUAL REPORT AND SPECIAL REPORTS
SERVICE PLAN
For the fiscal year beginning after the coming into force of this Act and for each fiscal year afterwards, the children's advocate must prepare a service plan that describes the goals of the children's advocate for the year and sets out specific objectives and performance measures.
The children's advocate must submit the service plan to the Speaker of the Assembly by November 30 of the year before the year to which the service plan relates.
The Speaker must table a copy of the service plan in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.
ANNUAL REPORT
For each fiscal year, the children's advocate must prepare and submit to the Speaker of the Assembly an annual report on the carrying out of responsibilities and the exercise of powers under this Act.
Subject to section 31 (consent to disclosure), the annual report must include
(a) information on the work of the children's advocate during the year;
(b) information on the work of the children's advocate during the year with Indigenous children, young adults and their families;
(c) aggregate non-identifying information relating to the reviews and investigations conducted by the children's advocate during the year;
(d) a summary of recommendations included in any special report made under section 30 during the year; and
(e) information as to whether the goals and the specific objectives and performance measures of the children's advocate set out in the service plan prepared for the year have been met.
Compliance information may be included
The annual report may include information as to the level of compliance with previous recommendations the children's advocate has made under this Act or a former Act.
Submitting annual report to Speaker
The children's advocate must submit the annual report to the Speaker of the Assembly by November 30 of each year.
The Speaker must table a copy of the annual report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.
Referral to Standing Committee
The annual report stands referred to the Standing Committee of the Assembly on Legislative Affairs. The Committee must begin considering it within 60 days after it is tabled in the Assembly.
SPECIAL REPORTS
In order to improve the effectiveness and responsiveness of designated services, the children's advocate may publish special reports.
Subject to section 31 (consent to disclosure), a special report may
(a) include recommendations for
(i) a minister responsible for the provision of a designated service, and
(ii) any public body or other person providing a designated service that the children's advocate considers appropriate;
(b) refer to and comment on any matter the children's advocate has reviewed or investigated under Part 4; and
(c) include information the children's advocate considers necessary about any matter for which the children's advocate has responsibility under this Act.
CONSENT TO DISCLOSURE OF PERSONAL INFORMATION
Consent required to disclose personal information
In an annual or special report, the children's advocate must not disclose personal information, personal health information or potentially identifying information
(a) about a child or young adult, without the consent of the child or young adult or, in the case of a child who is incapable of giving consent, without the consent of the child's parent or guardian;
(b) about a child's parent or guardian, without the consent of the parent or guardian; or
(c) about any other individual, unless the children's advocate is of the opinion that the public interest in the disclosure outweighs the privacy interests of any individual whose information is disclosed.
Exception re publicly available information
Nothing in this section limits the ability of the children's advocate to disclose, in an annual or special report, information that has already been made public by other means.
PART 6
GENERAL PROVISIONS
COMMUNICATION FROM CHILD OR YOUNG ADULT
Right to communicate with children's advocate
Every child or young adult who is receiving or is eligible to receive designated services has a right to communicate with the children's advocate.
If a child in a facility asks to communicate with the children's advocate, the person in charge of the facility must forward the request to the children's advocate or must assist the child to contact the children's advocate directly. The child is entitled to communicate with the children's advocate privately and in confidence.
The person in charge of a facility must inform each child placed there of the services offered by the children's advocate, the right to communicate in private with the children's advocate and how to contact the children's advocate.
In this section, "facility" means a facility or other place in which a child is placed under an Act of the province or under the Youth Criminal Justice Act (Canada).
PROTECTIONS FOR CHILDREN'S ADVOCATE
No action or proceeding may be brought against the children's advocate, or anyone employed under or acting as a delegate of the children's advocate, for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a responsibility or power under this Act.
Children's advocate and staff not compellable
The children's advocate, and anyone employed under or acting as a delegate of the children's advocate, must not be compelled to give evidence in a court or in a proceeding of a judicial nature with respect to anything coming to his or her knowledge in carrying out responsibilities or exercising powers under this Act except
(a) to enforce compliance with this Act; or
(b) in a prosecution for perjury.
PROTECTIONS FOR PERSONS GIVING INFORMATION
No action or proceeding may be brought against a person by reason only of having complied with a request or requirement of the children's advocate to provide information, answer questions or produce a record or other thing under this Act.
The following information, records and reports are privileged and not admissible in evidence in an action or proceeding, except to enforce this Act or in a prosecution for perjury:
(a) anything said, any information given and any record produced during a review or investigation by the children's advocate under this Act;
(b) any report made after an investigation under section 26.
Defence under other enactments
No person is guilty of an offence under another enactment by reason only of having complied with a request or requirement to provide information, answer questions or produce a record or other thing under this Act.
No retaliatory action against persons giving information
No person shall take adverse employment action against, or withhold services from, or otherwise discriminate against another person because the other person has complied with a request or requirement of the children's advocate to provide information, answer questions or produce a record or other thing under this Act.
OFFENCE AND PENALTY
Every person who
(a) wilfully obstructs, hinders, or resists the children's advocate or any other person carrying out responsibilities or exercising powers under this Act;
(b) refuses or wilfully fails to comply with a lawful requirement of the children's advocate or any other person under this Act;
(c) knowingly makes a false statement to or misleads or attempts to mislead the children's advocate or any other person carrying out responsibilities or exercising powers under this Act; or
(d) fails to comply with subsection 35(4) (no retaliatory action);
is guilty of an offence and liable on conviction to a fine of not more than $5,000 or to imprisonment for a term not exceeding three months, or both.
REGULATIONS
The Lieutenant Governor in Council may make regulations
(a) for the purpose of the definition "designated service", describing additional services or programs as designated services;
(b) for the purpose of the definition "reviewable service", setting out additional designated services that are reviewable services;
(c) describing disability services for the purpose of clause (b) and subclause (h)(ii) of the definition "designated service";
(d) for the purpose of Part 4, respecting the reporting of critical injuries to children and young adults to government departments or regional health authorities, including who must report and the manner and timing of reporting;
(e) defining any word or expression used but not defined in this Act.
RULES OF THE ASSEMBLY
The Assembly may make general rules for the guidance of the children's advocate in carrying out responsibilities and exercising powers under this Act.
Procedure of children's advocate
Subject to this Act and any rules made under subsection (1), the children's advocate may determine his or her procedure.
REVIEW OF ACT
Within five years after this Act comes into force, a committee of the Assembly must begin a comprehensive review of the operation of this Act and must, within one year after beginning the review, submit a report to the Assembly that includes any amendments to this Act recommended by the committee.
PART 7
TRANSITIONAL, CONSEQUENTIAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
TRANSITIONAL
Transitional — definition of "former Act"
In this section, "former Act" means The Child and Family Services Act as it read immediately before the coming into force of this Act.
Children's advocate continues in office
The children's advocate appointed under the former Act continues in office as the children's advocate under this Act as if appointed under this Act, but for a term that expires on the day the appointment under the former Act would expire.
Any review of a child's death that was required under the former Act but not completed on the day this Act comes into force is to be dealt with according to the provisions of this Act, and the children's advocate has discretion under Part 4 of this Act as to whether to conduct the review or not.
Transitional — Ombudsman's duties
The Ombudsman's duty to monitor and report on the implementation of the children's advocate's recommendations under section 16.1 of The Ombudsman Act ceases on the coming into force of this Act.
Any records maintained by the Ombudsman for the last year in which the Ombudsman had a monitoring and reporting duty under section 16.1 of The Ombudsman Act must be transferred to the children's advocate.
CONSEQUENTIAL AMENDMENTS
The Adoption Act
The Adoption Act is amended by this section.
The definition "children's advocate" in subsection 1(1) is repealed.
Section 8 is repealed.
The Child and Family Services Act
The Child and Family Services Act is amended by this section.
The definition "children's advocate" in subsection 1(1) is replaced with the following:
"children's advocate" means the Children's Advocate appointed under The Children's Advocate Act; (« protecteur des enfants »)
Subsection 2(1) is amended in the part before clause (a) by striking out "the children's advocate,".
Part I.1 (Children's Advocate) is repealed.
Clause 76(3)(d.2) is amended by striking out "under section 8.10".
The Fatality Inquiries Act
Section 10 of The Fatality Inquiries Act is replaced with the following:
Death of child or young adult reported to children's advocate
Upon learning that a child or a young adult under 21 years of age has died in Manitoba, the chief medical examiner must notify the children's advocate of the death.
Reports to be given to children's advocate
If the children's advocate has jurisdiction to review the death of a child or young adult under Part 4 of The Children's Advocate Act, the chief medical examiner must provide to the children's advocate, upon request,
(a) a copy of the medical examiner's report on the manner and cause of death; and
(b) a copy of the final autopsy report, if one has been ordered by the medical examiner and the children's advocate requires it for the review.
The Mental Health Act
Clause 32(1)(c) of The Mental Health Act is amended by adding "and, if the patient is a child, the children's advocate" at the end.
The Ombudsman Act
Section 16.1 of The Ombudsman Act is repealed.
C.C.S.M. REFERENCE AND COMING INTO FORCE
This Act may be referred to as chapter C99 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.