Bill 25 - An Act to Amend the Child and Youth Advocate Act

BILL 25

An Act to Amend the Child and Youth Advocate Act

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

1( 1) The title of the Child and Youth Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is repealed and the following is substituted:

Child, Youth and Senior Advocate Act

1( 2) If in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Child and Youth Advocate Act or the Child and Youth Advocate, it shall be read, unless the context otherwise requires, as a reference to the Child, Youth and Senior Advocate Act and the Child, Youth and Senior Advocate, respectively.

2 Section 1 of the Act is amended

(a) in the definition “Advocate” by striking out “Child and Youth Advocate” and substituting “Child, Youth and Senior Advocate”;

(b) in the definition “service” by striking out “children and youths” wherever it appears and substituting “children, youths, adults in protection and seniors”;

“adult under protection” means a person who meets the following qualifications: (adulte sous protection)

(a) is at least 19 years of age but under the age of 65 years;

(b) has a physical or mental disability; and

(c) receives home support services if the services are provided under a contract for social services entered into under the Family Services Act or the resources for the services are provided under the Family Services Act.

“senior” means a person who meets the following qualifications: (aîné)

(a) is at least 65 years of age; and

(b) receives home support services if the services are provided under a contract for social services entered into under the Family Services Act or the resources for the services are provided under the Family Services Act.

3 The heading “Office of the Child and Youth Advocate” preceding section 2 of the Act is repealed and the following is substituted:

Office of the Child, Youth and Senior Advocate

4 Section 2 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “Office of the Child and Youth Advocate” and substituting “Office of the Child, Youth and Senior Advocate”;

(b) in paragraph (a) by striking out “children and youths” and substituting “children, youths, adults under protection and seniors”;

(c) in paragraph (b) by striking out “children and youths” and substituting “children, youths, adults under protection and seniors”;

(d) by repealing paragraph (c) and substituting the following:

(c) ensuring that children, youths, adults under protection and seniors have access to services and that their complaints about those services receive appropriate attention;

(e) in paragraph (d) by striking out “children and youths” and substituting “children, youths, adults under protection and seniors”;

(f) in paragraph (e) by striking out “children and youths” and substituting “children, youths, adults under protection and seniors”.

5 Subsection 3(1) of the Act is amended by striking out “Child and Youth Advocate” and substituting “Child, Youth and Senior Advocate”.

6 The heading “Staff of Office of the Child and Youth Advocate” preceding section 11 of the Act is repealed and the following is substituted:

Staff of Office of the Child, Youth and Senior Advocate

7 Section 11 of the Act is amended

(a) in subsection (3) by striking out “Office of the Child and Youth Advocate” and substituting “Office of the Child, Youth and Senior Advocate”;

(b) in subsection (4) by striking out “Office of the Child and Youth Advocate” wherever it appears and substituting “Office of the Child, Youth and Senior Advocate”;

8 Subsection 13(1) of the Act is amended

(a) in paragraph (a) by striking out “a child, youth or group of children or youths” and substituting “a child, youth, adult under protection or senior or a group of children, youths, adults under protection or seniors”;

(b) in paragraph (b) by striking out “a child, youth or group of children or youths” and substituting “a child, youth, adult under protection or senior or a group of children, youths, adults under protection or seniors”;

(c) in paragraph (c) by striking out “the child, youth or group of children or youths” and substituting “the child, youth, adult under protection or senior or the group of children, youths, adults under protection or seniors”;

(d) in paragraph (d) by striking out “a child or youth” and substituting “a child, youth, adult under protection or senior”;

(e) in paragraph d) of the French version by striking out “la livraison” and substituting “la prestation”;

(f) by repealing paragraph (e) and substituting the following:

(e) inform the public about the needs and rights of children, youths, adults under protection and seniors, including information about the Office of the Child, Youth and Senior Advocate; and

(g) in paragraph (f) by striking out “children and youths” and substituting “children, youths, adults under protection and seniors”.

9 Subsection 16(1) of the French version of the Act is amended by striking out “de communiquer” and substituting “à communiquer”.

10 The Act is amended by adding after section 16 the following:

Communication from adult under protection or senior

16.1( 1) If an adult under protection or a senior in a facility, caregiver’s home, group home, or other home or place in which the adult or senior is placed under an Act of the Legislature, asks to communicate with the Advocate, the person in charge of the facility shall immediately forward the request to the Advocate.

16.1( 2) Despite any other Act, if an adult under protection or a senior in a facility referred to in subsection (1) writes a letter addressed to the Advocate, the person in charge of the facility shall immediately forward the unopened letter to the Advocate.

11 Section 22 of the Act is amended

(a) in subsection (1) by striking out “Office of the Child and Youth Advocate” and substituting “Office of the Child, Youth and Senior Advocate”;

(b) by adding after subsection (3) the following:

22( 3.1) A report referred to in subsection (2) shall not disclose the name of, or any identifying information about an adult under protection or a senior unless consent has first been obtained from the adult or senior.

(c) in subsection (4) in the portion preceding paragraph (a) by striking out “Office of the Child and Youth Advocate” and substituting “Office of the Child, Youth and Senior Advocate”;

(d) in subsection (6) by striking out “Office of the Child and Youth Advocate” and substituting “Office of the Child, Youth and Senior Advocate”.

12 Subsection 25(2) of the Act is amended by striking out “children and youths” and substituting “children, youths, adults under protection and seniors”.

13 Paragraph 28(b) of the Act is amended by striking out “children and youths” and substituting “children, youths, adults under protection and seniors”.

14 Schedule A of the Act is amended by adding after section 7 the following:

8 Nursing homes as defined in the Nursing Homes Act

9 Community residences and special care homes that are community placement resources approved under the Family Services Act

10 Any person or agency that provides home support services to persons who are 65 years of age or over or to adults who have a physical or mental disability if the services are provided under a contract for social services entered into under the Family Services Act

11 Any person or agency that provides home support services to persons who are 65 years of age or over or to adults who have a physical or mental disability if resources for the provision of the services are provided under the Family Services Act

Ombudsman Act

15( 1) Subsection 8(3) of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is amended by striking out “Office of the Child and Youth Advocate” and substituting “Office of the Child, Youth and Senior Advocate”.

15( 2) Paragraph 12(2)(c) of the Act is amended by striking out “Office of the Child and Youth Advocate” and substituting “Office of the Child, Youth and Senior Advocate”.

15( 3) Subsection 19.2(5) of the Act is amended by striking out “Office of the Child and Youth Advocate” and substituting “Office of the Child, Youth and Senior Advocate”.

15( 4) Schedule A of the Act is amended

(a) by repealing section 8;

(b) by repealing section 9;

(d) by repealing section 11.

Right to Information and Protection of Privacy Act

16 Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended in the definition “officer of the Legislative Assembly” by striking out “the Child and Youth Advocate” and substituting “the Child, Youth and Senior Advocate”.

Commencement

17 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.