C.C.S.M. c. A6.7
The Advocate for Children and Youth Act
Table of Contents
PART 1 | ||
DEFINITIONS |
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1 | Definitions | |
PART 2 | ||
OFFICE OF THE ADVOCATE FOR CHILDREN AND YOUTH |
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APPOINTMENT | ||
2 | Appointment of Advocate for Children and Youth | |
(2) | Appointment process | |
3 | Officer of the Assembly | |
(2) | No other public office | |
4 | Term of office | |
(2) | Re-appointment | |
5 | Remuneration | |
(2) | No reduction of salary | |
(3) | Expenses | |
6 | Civil Service Superannuation Act applies | |
(2) | [Repealed] | |
(3) | Employees | |
RESIGNATION, REMOVAL OR SUSPENSION | ||
7 | Resignation | |
(2) | Removal or suspension | |
(3) | Suspension if Assembly not sitting | |
(4) | Length of suspension | |
APPOINTMENT OF DEPUTY ADVOCATE FOR CHILDREN AND YOUTH |
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8 | Appointment of Deputy Advocate | |
(2) | Experience working with Indigenous children, young adults and families | |
ACTING ADVOCATE | ||
9 | Acting Advocate | |
(2) | Responsibilities of acting Advocate | |
(3) | Term of acting Advocate | |
OATH OF OFFICE | ||
10 | Oath of office of Advocate | |
(2) | Oath of staff | |
PART 3 | ||
GENERAL RESPONSIBILITIES AND POWERS | ||
RESPONSIBILITIES AND POWERS | ||
11 | 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 | 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 | 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 | 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 | 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 |
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REVIEWS OF SERIOUS INJURIES AND DEATHS |
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20 | 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 | [Not yet proclaimed] | |
22 | Disclosure of results of the review | |
INVESTIGATIONS OF SERIOUS INJURIES AND DEATHS |
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23 | 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 | Power to compel persons to answer questions and order disclosure | |
(2) | Order to comply | |
REPORT AFTER INVESTIGATION | ||
27 | 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 |
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28 | Referral by committee of Assembly or LG in C | |
(2) | Report on a referral | |
PART 5 | ||
SERVICE PLAN, ANNUAL REPORT AND SPECIAL REPORTS |
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SERVICE PLAN | ||
29 | Service plan | |
(2) | Plan submitted to Speaker | |
(3) | Tabling plan in Assembly | |
ANNUAL REPORT | ||
30 | 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 | Special reports | |
(2) | Contents | |
DISCLOSURE OF PERSONAL INFORMATION | ||
32 | Limits on disclosure of personal information | |
(2) | No disclosure of an individual's name | |
PART 6 | ||
GENERAL PROVISIONS | ||
COMMUNICATION FROM CHILD OR YOUNG ADULT |
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33 | 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 |
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36 | 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 | 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 |
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TRANSITIONAL | ||
41 | "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 | |
42 to 52 | [amendments to other Acts] | |
C.C.S.M. REFERENCE AND COMING INTO FORCE |
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53 | C.C.S.M. reference | |
54 | Coming into force |