BILL 22

An Act to Amend the Family Services Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended by adding after section 7 the following:

7.1(1) The court shall consider the following in order to determine whether counsel should be made available under paragraph 7(b):

(a)  whether the child is 12 years of age or older;

(b)  whether the child’s wishes, where they can be expressed and where the child is capable of understanding the nature of any choices that may be available to him or her, have been given consideration in determining his or her interests and concerns;

(c)  whether the Minister has been able to identify the child’s interests and concerns;

(d)  whether the interests and concerns of the child and those of the Minister differ;

(e)  whether counsel is better able to identify the child’s interests and concerns; and

(f)  any other factors the court considers relevant.

7.1(2) Upon advising the Attorney General that counsel should be made available under paragraph 7(b), the court shall provide the reasons justifying the decision.