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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 | |