BILL 3
An Act to Amend the Early Childhood Services Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 1 of the Early Childhood Services Act, chapter E-0.5 of the Acts of New Brunswick, 2010, is amended
aby repealing the definition “operator” and substituting the following:
“operator” means an individual, corporation, unincorporated association, partnership or limited partnership that operates a facility. (exploitant)
bby adding the following definitions in alphabetical order:
“court” means The Court of Queen’s Bench of New Brunswick, and includes a judge of that court. (cour)
“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act. (renseignements personnels)
2 Section 2.02 of the Act is amended
ain subsection (2) by striking out “information” and substituting “information, including personal information,”;
bby adding after subsection (2) the following:
2.02( 2.1) In providing the Minister with the information for the on-line registry, an operator of a licensed facility may disclose the personal information of an individual if the person from whom the information was obtained and the individual to whom the information relates have consented to the disclosure.
cby adding after subsection (3) the following:
2.02( 4) The Minister may collect any information, including personal information, that is provided to the Minister for the on-line registry.
2.02( 5) Subject to subsection (6), the Minister may use the information provided to the Minister for the on-line registry for the following purposes:
adetermining a child’s eligibility to participate in a program or receive a service;
bmanaging enrolment at licensed facilities;
ccreating a unique identification number for a child;
dcreating a unique identification number for a staff member of a facility;
edetermining an operator’s eligibility for grants under Part 3;
fdetermining a parent’s eligibility for financial assistance under Part 4;
gany other purpose prescribed by regulation.
2.02( 6) The Minister may use an individual’s Medicare number provided to the Minister for the on-line registry for the purpose of creating a unique identification number for a child.
2.02( 7) The Minister may use a unique identification number referred to in paragraph (5)(c) to identify a school-age child for the purposes of the Education Act.
2.02( 8) Subject to subsections (9) and (10), the Minister may disclose the information provided to the Minister for the on-line registry
ato the Minister of Heath,
bto an operator of a licensed facility, and
cto any other person or class of persons prescribed by regulation.
2.02( 9) For the purposes of paragraph (8)(a), the Minister may disclose an individual’s Medicare number to the Minister of Health for the purpose of validating the unique identification number for a child referred to in paragraph (5)(c).
2.02( 10) Subject to subsection (9), for the purposes of subsection (8), the Minister may disclose only the personal information, that has been prescribed by regulation.
3 Section 2.2 of the Act is amended
ain subsection (1) of the English version by striking out “he or she” and substituting “the Minister”;
bin paragraph (4)b) of the French version by striking out “ce que”.
4 Section 5 of the Act is amended by adding after subsection (3) the following:
5( 4) For greater certainty, only the actual operator may be the applicant for a licence to operate a facility.
5 Subsection 6(1) of the Act is amended
ain paragraph (a) by striking out “complies” and substituting “will comply”;
bby adding after paragraph (a) the following:
a.1the application complies with New Brunswick Regulation 2018-11 under this Act,
6 The Act is amended by adding after section 7 the following:
Notice of change
7.1 If a licensee that is a corporation, unincorporated association, partnership or limited partnership has a change in directors, partners or general partners, as the case may be, the licensee shall:
anotify the Minister in writing within 15 days after the change; and
bsubmit to the Minister, within 30 days after the change, all the documents for the new directors, partners or general partners that the licensee would have been required to submit at the time of applying for the licence.
7 Section 10 of the Act is amended
aby adding before subsection (1) the following:
10( 0.1) An applicant in paragraph (1)(c) and subsection (2) includes:
athe directors, in the case of an applicant that is a corporation or an unincorporated association;
bthe partners, in the case of an applicant that is a partnership; and
cthe general partners, in the case of an applicant that is limited partnership.
bin paragraph (1)(c) by striking out “an associated person” and substituting “the applicant or an associated person”;
cby repealing subsection (2) and substituting the following:
10( 2) An applicant or an associated person is not suitable to have contact with children receiving services at a facility in the following circumstances:
athe applicant or associated person is the subject of a court order made under the Family Services Act in relation to a danger to the security or development of a child as described in paragraphs 31(1)(a) to (g) of that Act;
bthe Minister of Social Development has made a finding that the applicant or associated person has endangered the security or development of a child under section 31.01 of the Family Services Act;
cthe applicant or associated person is the subject of a court order made under the Family Services Act in relation to a danger to the security of a person as described in paragraphs 37.1(1)(a) to (g) of that Act;
dthe Minister of Social Development has made a finding that the applicant or associated person has endangered the security of another person under section 36.2 of the Family Services Act; or
ethe applicant or associated person has been convicted of an offence under the Criminal Code (Canada) that is prescribed by regulation.
8 Subsection 11(1) of the Act is repealed and the following is substituted:
11( 1) An application for the renewal of a licence shall be made on a form provided by the Minister and submitted to the Minister at least 90 days before the expiry date of the licence.
9 Subsection 12(1) of the Act is amended
ain paragraph (a) by striking out “complies” and substituting “will comply”;
bby adding after paragraph (a) the following:
a.1the application complies with New Brunswick Regulation 2018-11 under this Act,
10 Section 13 of the Act is amended
aby adding before subsection (1) the following:
13( 0.1) A licensee in (1)(c) and subsection (2) includes:
ain the case of licensee that is a corporation or an unincorporated association, the directors who have contact with children receiving services at the facility or who are responsible for maintaining the financial records of the facility;
bin the case of a licensee that is a partnership, the partners who have contact with children receiving services at the facility or who are responsible for maintaining the financial records of the facility; and
cin the case of a licensee that is a limited partnership, the general partners who have contact with children receiving services at the facility or who are responsible for maintaining the financial records of the facility.
bin paragraph (1)(c) by striking out “an associated person” and substituting “the licensee or an associated person”;
cin subsection (2) by striking out “an associated person” and substituting “the licensee or an associated person”.
11 Subsection 14(1) of the Act is amended in the portion preceding paragraph (a) by striking out “before the licence expires” and substituting “at least 90 days before the expiry date of the licence”.
12 The Act is amended by adding after section 18 the following:
Inclusion
18.1( 1) An operator of a licensed facility shall provide services in an inclusive environment that respects the diversity of children and families related to race, colour, creed or religion, national origin, ancestry, place of origin, age, disability, marital status, family status, sexual orientation, sex, gender identity or expression, social condition and political belief or activity.
18.1( 2) An operator of a licensed facility shall develop and implement an inclusion policy.
18.1( 3) An inclusion policy shall include the following:
ahow the operator will create an environment at the facility that supports, reflects and promotes equitable and inclusive practices to ensure that services are responsive to the needs, values and cultural beliefs of the families using the services;
bin the case of a facility of a class prescribed by regulation, any information prescribed by regulation.
13 Section 19 of the Act is repealed and the following is substituted:
Staff training and qualifications
19( 1) The staff members of a licensed facility shall meet the training requirements and other qualifications prescribed by regulation.
19( 2) The Minister may collect and use the personal information of staff members of a licensed facility for the purpose of determining whether the training requirements and other qualifications referred to in subsection (1) have been met.
19( 3) The Minister may collect the personal information referred to in subsection (2) either directly from the staff member to whom it relates or indirectly from an operator.
19( 4) The Minister may disclose the personal information of a staff member of a licensed facility collected under subsection (2) to an operator for the purpose of confirming the training and other qualifications of the staff member.
14 The Act is amended by adding after section 19 the following:
Checks of staff members
19.1( 1) If the Minister has reasonable grounds to believe that a staff member may not be suitable to have contact with children receiving services at a licensed facility, the Minister may obtain a check with the Department of Social Development.
19.1( 2) If after a check under subsection (1), the Minister still has reasonable grounds to believe that a staff member is not suitable to have contact with children receiving services at the facility, the Minister may order the operator to dismiss the staff member.
19.1( 3) Subsection 10(2) applies with the necessary modifications to a staff member referred to in subsection (1).
15 Section 22 of the Act is amended by adding after subsection (7) the following:
22( 8) An inspector shall inform the Minister as soon as practicable, if, during an inspection, the inspector has reasonable grounds to believe that
athere is an imminent danger to the health, safety or well-being of a child who is receiving services at the licensed facility, or
bthe operator has failed to ensure that
( i) no child receiving services at the licensed facility is subjected to any form of physical punishment or verbal or emotional abuse, or
( ii) no child receiving services at the licensed facility is denied physical necessities.
16 Subsection 27(3) of the English version of the Act is amended by striking out “his or her” and substituting “their”.
17 The Act is amended by adding after section 28 the following:
Protection order
28.1( 1) The Minister may issue a protection order under this section if, after receiving information from an inspector under subsection 22(8), the Minister has reasonable grounds to believe that
athere is an imminent danger to the health, safety or well-being of a child who is receiving services at the licensed facility, or
bthe operator has failed to ensure that
( i) no child receiving services at the licensed facility is subjected to any form of physical punishment or verbal or emotional abuse, or
( ii) no child receiving services at the licensed facility is denied physical necessities.
28.1( 2) In a protection order, the Minister may
aorder the licensee to stop operating the licensed facility until the Minister is satisfied that the order has been complied with,
border that the licensee eliminate the danger and take any other measures set out in the order, and
csuspend the licensee’s licence.
28.1( 3) A protection order shall
aset out the reasons for the order,
bstate that the licensee is entitled to request that the Minister review the decision, and
cinclude any other information prescribed by regulation.
28.1( 4) The Minister shall serve a protection order by personal service on the licensee.
28.1( 5) The Minister
ashall post a notice of a protection order at the licensed facility, and
bmay provide notice of the protection order to the parents or guardians of the children who receive services at the licensed facility.
28.1( 6) No person other than the Minister shall remove a notice posted under paragraph (5)(a), unless the person is authorized to do so by the Minister.
28.1( 7) A protection order is effective on the occurrence of the earlier of the following:
anotice of the protection order is posted at the licensed facility; and
bthe protection order is served on the licensee.
28.1( 8) The making of a request to review a decision referred to in subsection (3) does not stay the protection order.
28.1( 9) The Minister may vary or revoke a protection order at any time.
Court order
28.2( 1) If the Minister has reasonable grounds to believe that an individual who provides services in a licensed facility poses an imminent danger to the health, safety or well-being of a child who receives services at that facility or that the individual has subjected a child receiving services at that facility to any form of physical punishment or verbal or emotional abuse or that the individual has denied a child receiving services at that facility physical necessities, the Minister may apply to the court for an order prohibiting the individual from providing services.
28.2( 2) The Rules of Court apply to an application under subsection (1).
28.2( 3) On an application under subsection (1), the court may issue an interim order without a hearing if it is satisfied that it is in the public interest to do so.
28.2( 4) Any person may apply to the court for an order varying or revoking an order issued under subsection (1).
18 Subsection 29(5) of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:
29( 5) If an operator fails to complete the measures indicated in a probationary licence issued in accordance with paragraph (1)(a) within the time specified, or fails to comply with this Act or the regulations, the Minister may do either of the following:
19 Subsection 30(2) of the Act is repealed and the following is substituted:
30( 2) The Minister may revoke a licence if
athe licensee has been convicted of an offence
( i) under this Act or the regulations, or
( ii) under an Act prescribed by regulation or a regulation under that Act; or
bthe Minister is of the opinion that the licensee is no longer complying with New Brunswick Regulation 2018-11 under this Act,
cthe Minister is of the opinion that the licensee
( i) has failed to ensure that no child receiving services at the licensed facility is subjected to any form of physical punishment or verbal or emotional abuse, or
( ii) has failed to ensure that no child receiving services at the licensed facility is denied physical necessities,
dthe Minister is of the opinion that there is an imminent danger to the health, safety or well-being of a child who is receiving services at the licensed facility,
ein the case of a suspended licence for which a probationary licence has been issued, the Minister is of the opinion that
( i) the licensee has failed to complete the measures indicated in the probationary licence or has failed to do so within the time specified in the probationary licence, or
( ii) the licensee has failed to comply with an order requiring that the measures specified in the order be taken to remedy a non-compliance or has failed to do so within the time specified in the order.
20 Subsection 33(1) of the Act is repealed and the following is substituted:
33( 1) A person may request that the Minister review a decision to revoke a licence under any of the following provisions:
aparagraph 30(2)(b), in the case of a revocation for failing to comply with subsection 49(2) of New Brunswick Regulation 2018-11 under this Act;
bsubparagraph 30(2)(c)(i) or (ii); and
cparagraph 30(2)(d).
21 Section 35 of the Act is repealed and the following is substituted:
Decision stayed
35 A request for a review under paragraph 33(2)(a) or (b) stays the decision under review.
22 The Act is amended by adding after section 43 the following:
Collection, use and disclosure of personal information – grants
43.1( 1) The Minister may collect and use the personal information of staff members of a licensed facility for the purpose of determining whether to provide a grant.
43.1( 2) The Minister may collect the personal information referred to in subsection (1) indirectly from an operator in a form referred to in subsection 42(1) or in a record produced for examination under subsection 43(2).
43.1( 3) The Minister may disclose the personal information referred to in subsection (1) to an operator for the purpose of providing a grant.
23 Subsection 46(4) of the English version of the Act is amended by striking out “his or her” and substituting “their”.
24 Section 47 of the Act is repealed and the following is substituted:
Application for assistance
47( 1) An application for assistance shall be made on a form provided by the Minister and shall be accompanied by the documents prescribed by regulation.
47( 2) Subject to section 48.1, the Minister may collect and use the personal information of an individual, except for the individual’s Medicare number, for the purpose of establishing a parent’s eligibility for assistance.
47( 3) In a form referred to in subsection (1), the Minister may collect personal information either directly from the individual to whom the information relates or indirectly from another person.
47( 4) The Minister may disclose the personal information collected under subsection (2) to an operator of a licensed facility, to an operator of a facility that is subject to an interim permit, or to a person who operates a facility described in subsection 4(2), for the purpose of providing assistance to a parent.
25 Section 48.1 of the English version of the Act is amended
ain subsection (2) by striking out “his or her” and substituting “the parent’s”;
bin subsection (3) by striking out “his or her”.
26 Section 50 of the English version of the Act is amended
ain the portion preceding paragraph (a) by striking out “his or her” and substituting “the Minister’s”;
bin subparagraph (c)(i) by striking out “his or her” and substituting “their”.
27 Section 55 of the Act is amended
ain subsection (2.1)
( i) in paragraph (a) of the English version by striking out “and” at the end of the paragraph;
( ii) by adding after paragraph (a) the following:
a.1the on-line registry established under section 2.02; and
bin paragraph (3)(a) of the English version by striking out “his or her servant” and substituting “that Minister’s servant”.
28 Section 63 of the Act is amended
aby adding after paragraph (a.02) the following:
a.03prescribing additional purposes for the purposes of paragraph 2.02(5)(g);
a.04prescribing persons or classes of persons for the purposes of paragraph 2.02(8)(c);
a.05prescribing personal information that the Minister may disclose for the purposes of subsection 2.02(10);
bby adding after paragraph (q) the following:
q.1prescribing classes of facilities for the purposes of paragraph 18.1(3)(b);
q.2prescribing information that shall be included in an inclusion policy for the purposes of paragraph 18.1(3)(b);
cby adding after paragraph (w) the following:
w.1prescribing other information that may be included in a protection order for the purposes of paragraph 28.1(3)(c);
din paragraph (z)
( i) by adding after subparagraph (iii) the following:
( iii.1) providing that the type or amount of a grant may be determined by the level of training held by the staff members of a recipient of a grant or by categories of staff members,
( ii) in subparagraph (v) of the English version by striking out “and” at the end of the subparagraph;
( iii) by adding after subparagraph (v) the following:
( v.1) providing that the terms referred to in subparagraph (v) may vary by operator or by class of operator, and
CONSEQUENTIAL AMENDMENTS
Regulation under the Early Childhood Services Act
29 New Brunswick Regulation 2018-11 under the Early Childhood Services Act is amended
ain section 4
( i) by adding before subsection (1) the following:
4( 0.1) In subsection (1)
ain paragraph (e) the applicant includes:
( i) the directors, in the case of an applicant that is a corporation or an unincorporated association;
( ii) the partners, in the case of an applicant that is a partnership; and
( iii) the general partners, in the case of an applicant that is a limited partnership; and
bin paragraph (f) the applicant includes:
( i) in the case of a corporation or unincorporated association, the directors who have contact with children receiving services in the facility or who manage the finances of the facility;
( ii) in the case of a partnership, the partners who have contact with children receiving services in the facility or who manage the finances of the facility; and
( iii) in the case of a limited partnership, the general partners who have contact with children receiving services in the facility or who manage the finances of the facility.
( ii) by adding after subparagraph (1)(g)(ii) the following:
( ii.1) the inclusion policy for the facility,
bin section 12 by adding before subsection (1) the following:
12( 0.1) In subsection (1), an operator of a licensed facility includes:
ain the case of a criminal record check or a vulnerable sector check, as the case may be,
( i) in the case of a corporation or unincorporated association, the directors,
( ii) in the case of a partnership, the partners, and
( iii) in the case of a limited partnership, the general partners; and
bin the case of a check with the Department of Social Development,
( i) in the case of a corporation or unincorporated association, the directors who have contact with children receiving services in the facility or who manage the finances of the facility,
( ii) in the case of a partnership, the partners who have contact with children receiving services in the facility or who manage the finances of the facility, and
( iii) in the case of a limited partnership, the general partners who have contact with children receiving services in the facility or who manage the finances of the facility.
Education Act
30 The Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended by adding after section 53 the following:
Unique identification number
53.1( 1) The Minister and a District Education Council, through the superintendent of a school district, may collect and use an individual’s Medicare number for the purpose of creating a unique identification number for a pupil.
53.1( 2) The Minister and a District Education Council, through the superintendent of a school district, may use the unique identification number created for a child under the Early Childhood Services Act as the unique identification number for a pupil.
53.1( 3) The Minister and a District Education Council, through the superintendent of a school district, may disclose to the Minister of Health an individual’s Medicare number for the purpose of validating the unique identification number for a pupil.
53.1( 4) The unique identification number of a pupil forms part of the record maintained in respect of the pupil under section 54.
Personal Health Information Privacy and Access Act
31 Subsection 38(1) of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended by adding after paragraph (f.5) the following:
f.6if the custodian is the Minister of Education and Early Childhood Development, to the Minister for the purpose of validating the unique identification number created for a child under the Early Childhood Services Act or created for a pupil under the Education Act,
Regulation under the Personal Health Information Privacy and Access Act
32 Section 17.1 of New Brunswick Regulation 2010-112 under the Personal Health Information Privacy and Access Act is amended
ain subsection (1)
( i) by repealing the following definitions:
“infant”;
“preschool child”;
( ii) by adding the following definition in alphabetical order:
“child” means a child as defined in the Early Childhood Services Act. (enfant)
bin subsection (2)
( i) by repealing paragraph (a) and substituting the following:
ato uniquely identify a child in the on-line registry established under subsection 2.02(1) of the Early Childhood Services Act, or, if the child does not have a Medicare number, the parent of the child;
( ii) in paragraph (b) by striking out “an infant or preschool child” and substituting “a child”;
cby adding after subsection (3) the following:
17.1( 4) For the purposes of subsection 48(1.2) of the Act, the Minister may collect and use an individual’s Medicare number for the following purposes:
avalidating a unique identification number created for a child under the Early Childhood Services Act; and
bvalidating a unique identification number created for a pupil under the Education Act.