Bill 114 - Child and Youth Well-Being Act

BILL 114

Child and Youth Well-Being Act

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

PART 1

DEFINITIONS AND INTERPRETATION

Definitions

1 The following definitions apply in this Act.

“adoption order” means an adoption order under section 99. (ordonnance d’adoption)

“associated person” means a person who is 19 years of age or over, excluding an operator, a staff member, a foster parent, a kinship caregiver, a care provider and a person receiving social services at a child and youth care resource, who (personne associée)

(a) resides at a child and youth care resource, or

(b) has frequent contact with a child or youth receiving social services at a child and youth care resource by virtue of the person’s relationship with an operator, a staff member, a foster parent, a kinship caregiver or a care provider.

“best interests of the child or youth” means the best interests of the child or youth as determined in accordance with subsection 5(2). (intérêt supérieur de l’enfant ou du jeune)

“care provider” means an operator of a family-based child and youth care resource at which a child or youth under the Minister’s care is placed by the Minister in accordance with an agreement between the Minister and the care provider. (fournisseur de soins)

“child”, except when used only to indicate a child-parent relationship, means a person who is under 16 years of age. (enfant)

“child and youth care resource” means a facility at which social services are provided to children or youth under the Minister’s care, and includes a foster home, a family-based care resource, a community-based care resource and any facility designated under paragraph 11(1)(e), but does not include a facility for which the primary objective is medical care or educational or correctional services. (centre de ressources pour enfants et jeunes)

“child or youth under the Minister’s care” means a child or youth in whose life the Minister has intervened by providing protective care interventions under section 44 or who is under the Minister’s care in accordance with (enfant ou jeune pris en charge)

(a) a custody agreement,

(b) a guardianship agreement,

(d) a guardianship order, or

(e) a supervisory order.

“child or youth with a disability” means a child or youth with a permanent physical, intellectual, sensory, neurological or mental health condition that results in (enfant ou jeune ayant un handicap)

(a) limited functional independence in activities of daily living, and

(b) serious functional limitations in community interaction that negatively impact opportunities for social interaction, education or childcare.

“community” means a geographic unit or group of persons sharing common interests within a geographic unit who provide or receive services on a collective basis. (communauté)

“Court” means The Court of Queen’s Bench of New Brunswick, except as otherwise provided, and includes any judge of the Court. (Cour)

“custody agreement” means a custody agreement under section 56 or any other agreement with respect to the custody, care and supervision of a child or youth. (accord de garde)

“custody order” means a custody order under section 68 and any other order of any court with respect to the custody, care and supervision of a child or youth. (ordonnance de garde)

“foster parent” means a person, including kin, with whom a child or youth under the Minister’s care is placed by the Minister in accordance with a foster parent agreement. (parent d’accueil)

“foster parent agreement” means an agreement entered into under subsection 55(1) between a foster parent and the Minister. (accord de parent d’accueil)

“guardian” means (tuteur)

(a) a guardian appointed under the Guardianship of Children Act or under a court order, and includes a person having comparable status and authority under the laws of another jurisdiction, but does not include a person appointed solely as a guardian of the estate of the child or youth, or

(b) the Minister under a guardianship agreement or guardianship order, and includes a person or agency having comparable status and authority under the laws of another jurisdiction.

“guardianship agreement” means a guardianship agreement under section 57 or any other agreement that transfers on a permanent basis the guardianship of a child or youth. (accord de tutelle)

“guardianship order” means a guardianship order under section 69 and any other order of any court appointing a person as a guardian. (ordonnance de tutelle)

“holiday” means (jour férié)

(a) a holiday as defined in the Interpretation Act,

(b) Saturday, and

“immediate family”, when used in reference to any person, means (proche famille)

(a) a parent or grandparent of the person,

(b) a brother or sister of the person,

(d) the spouse of persons referred to in paragraphs (a), (b) and (c),

(e) the spouse of the person, and

(f) a person whom an Indigenous child or youth considers to be a close relative or whom the Indigenous group, community or people to which the child belongs considers, in accordance with the customs, traditions or customary adoption practices of that Indigenous group, community or people, to be a close relative of the child.

“Indigenous” includes the Indian, Inuit and Métis peoples of Canada. (Autochtone)

“interested person”, with respect to a child or youth, means a person who resides with or has resided with or who was actively involved in the care of the child or youth in the 12 months preceding an application and who has an ongoing relationship with the child or youth. (personne intéressée)

“kin” means immediate family and extended family members, relatives or other significant persons who have an attachment to a child or youth or are known to a child or youth, but does not include a parent. (membre de la parenté)

“kinship caregiver” means a person who is kin to a child or youth and who cares for a child or youth as part of their family by providing kinship services in accordance with section 43. (parent-substitut)

“Minister” means the Minister of Social Development and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“newborn” means a child who is under one month of age. (nouveau-né)

“operator” means a person who operates a child and youth care resource. (exploitant)

“parent”, with respect to a child or youth, means a birth parent, an adoptive parent, a guardian, a person who has rights and responsibilities with respect to the child or youth, a person who ordinarily resides with the child or youth as a member of the child or youth’s family and demonstrates care and responsibility for the child or youth and a person recognized by an Indigenous community as the child or youth’s parent but excludes (parent)

(a) a clinical or contractual sperm donor or ovum donor or a surrogate,

(b) a foster parent, kinship caregiver or care provider,

(d) a parent whose parental rights and responsibilities have been transferred to the Minister or terminated.

“peace officer” means a police officer, a police constable, a member of a regional or municipal police force, a member of the Royal Canadian Mounted Police, a member of the military police of the Canadian Armed Forces, a sheriff, a deputy sheriff, a sheriff’s officer, a band constable for an Indigenous community and a person approved by the Attorney General to perform the duties of a peace officer. (agent de la paix)

“permanency” means an enduring familial relationship that is intended to be permanent, that may include the legal rights and social status of full family membership and that (permanence)

(a) provides the child or youth with a sense of belonging and affiliation to a family,

(b) meets the child or youth’s physical, emotional, social and other developmental needs, and

“place” means to transfer the care of a child or youth, whether in law or in fact, from one person to another, and includes any act of solicitation or negotiation that contributes to the transfer of the care of the child or youth from one person to another, on any reasonable view of the circumstances. (placer)

“place of secure care” means a place of secure care specified by the Minister for the purposes of section 71. (lieu de soins sécurisés)

“protection services” means investigations, services, agreements, applications and orders under Part 5 that are protective in nature and any other protection services prescribed by regulation. (services de protection)

“social service agency” means a community, person or agency that provides social services within a community under a contract with the Minister, but does not include a child and youth care resource. (organisme de services sociaux)

“social services” means services provided under this Act that are preventive, developmental or rehabilitative in nature and include (services sociaux)

(a) services under Part 4,

(b) services provided at a child and youth care resource,

(d) adoption services under Part 6, and

(e) any other social services prescribed by regulation.

“social worker” means a person who is authorized to practise the profession of social work in the Province under the New Brunswick Association of Social Workers Act. (travailleur social)

“spouse” means either of two persons who (conjoint)

(a) are married to each other, or

(b) are not married to each other but cohabit in a conjugal relationship and have cohabited continuously in the relationship for a period of at least one year.

“staff member” means a person who is employed at a child and youth care resource, and includes a volunteer. (membre du personnel)

“support” means financial and other support provided by the Minister, including personnel, equipment and facilities. (soutien)

“youth” means a person who is between 16 and 19 years of age, inclusive. (jeune)

Purposes

2 The purposes of this Act include promoting the interests, protection, participation and well-being of children and youth and the health and well-being of families.

Principle

3 This Act is based on the principle that early detection and intervention are essential in matters in which the well-being of children and youth may be at risk of harm.

PART 2

DUTIES AND POWERS

Provision of social services

4 The Minister shall provide social services in accordance with this Act and the standards established by the Minister or prescribed by regulation.

Best interests of the child or youth

5( 1) When the Minister or the Court makes a decision that affects a child or youth under this Act, the Minister or the Court shall consider the best interests of the child or youth above all other considerations.

5( 2) In determining the best interests of the child or youth, the Minister or the Court shall consider all factors related to the circumstances of the child or youth, including

(a) the child or youth’s physical, mental and emotional development and needs, the ability and willingness of the parents to meet those needs and the care or treatment required to meet those needs,

(b) the importance of family to the security and well-being of the child or youth and family as the preferred environment for the care and upbringing of children and youth,

(c) the child or youth’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage,

(d) the child or youth’s sexual orientation, gender identity and gender expression,

(e) the importance of the child or youth’s stability, continuity of care and familial relationships, including with immediate family, and the possible effect of any disruption in that continuity,

(f) the importance of permanency to the security and well-being of the child or youth,

(g) any family violence and its impact on the child or youth, including whether the child or youth is directly or indirectly exposed to the violence,

(h) the child or youth’s views and preferences as provided for in section 6,

(i) the impact on the child or youth if there is a delay in taking action or making a decision, and

(j) the nature and impact of past parenting practices that endangered the well-being of the child or youth.

Views and preferences of a child or youth

6( 1) A person who makes a decision under this Act that affects a child or youth shall

(a) consider the child or youth’s views and preferences to the extent that the child or youth is capable of expressing them and willing to express them, and

(b) if the child or youth is incapable of expressing or unwilling to express their views and preferences, make substantial efforts to identify the child or youth’s views and preferences.

6( 2) For the purposes of subsection (1), the views and preferences of a child or youth

(a) are separate from any other person, and

(b) shall be considered according to the child or youth’s age and maturity.

6( 3) A person making a decision referred to in subsection (1) may consult directly with the child or youth and may

(a) consult the child or youth in private, and

(b) exclude any person from the consultation, including any party to a proceeding and the party’s counsel.

6( 4) In any matter or proceeding under this Act affecting a child or youth, the child or youth has the right to be heard either on the child or youth’s own behalf or through the parent of the child or youth or another responsible spokesperson chosen by the child or youth, if appropriate.

6( 5) In any proceeding under this Act, the Court may waive a requirement that a child or youth appear before the Court.

Right to privacy

7 A child or youth receiving social services shall be provided with privacy that is appropriate according to their age, maturity and present circumstances and in a manner that is consistent with the responsibility of society to protect them from harm.

Duties of the Minister with respect to a child or youth receiving social services

8 The Minister shall inform a child or youth receiving social services in a reasonable and appropriate manner of

(a) their rights under this Act,

(b) the reason that the Minister is involved with their family and the steps that have been taken or that will be taken to determine whether the child or youth is in need of protection or their family is in need of social services,

(d) any relevant complaint or review processes and their ability to receive assistance to file a complaint or request a review,

(e) in the case of a child or youth under the Minister’s care, the reasons for the decisions made, including the decision to make the child or youth a child or youth under the Minister’s care and decisions with respect to the child or youth’s care and placement history, and

(f) the existence and role of the Child, Youth and Senior Advocate, the manner of communicating with the Office of the Child, Youth and Senior Advocate and the ability of the child or youth to receive assistance in contacting the Office.

Powers of the Minister

9 The Minister may exercise any of the following powers:

(a) to determine the need for social services or to evaluate the effectiveness of social services, including by providing for research;

(b) to enter into contracts with persons, whether within or outside the Province, or with a representative of the Crown in right of Canada or of any other province or a territory, or with a representative of the government of any state, to perform the duties and exercise the powers of the Minister under this Act; and

(c) to accept responsibility on behalf of the Crown in right of the Province, including providing compensation, for any damage, loss or injury caused by a child or youth under the Minister’s care.

Powers of the Minister with respect to social services

10( 1) In performing the Minister’s duty to provide social services, the Minister may

(a) establish a social service agency or a child and youth care resource for the provision of social services,

(b) enter into a contract with a government department, community, person or agency, whether within or outside the Province, for the provision of social services,

(c) enter into a contract with a government department, community, person or agency, whether within or outside the Province, to provide support for the provision of social services,

(d) enter into a contract with a government department, community, person or agency, whether within or outside the Province, to purchase social services,

(e) approve a social service agency, if the agency meets the criteria and standards established by the Minister or prescribed by regulation, and

(f) approve or designate a child and youth care resource, if the resource meets the criteria and standards established by the Minister or prescribed by regulation.

10( 2) The Minister may provide social services on a joint basis with a government department, community, person or agency.

10( 3) The Minister may provide social services to

(a) any person, including a child or youth and their parent and family, if it is in the best interests of the child or youth to do so, and

(b) a community.

10( 4) The Minister may provide social services

(a) by entering into a contract with the person who or the community that will receive social services, or

(b) when a child or youth is a child or youth under the Minister’s care.

10( 5) Despite paragraph (4)(a), if a person is unable to enter into a contract due to incapacity for any reason and the person requires a social service that can be provided by the Minister, the Minister may enter into a contract with a person’s parent or any person who can adequately represent the person’s interests, in the opinion of the Minister.

Powers of the Minister with respect to child and youth care resources

11( 1) The Minister shall determine the need for child and youth care resources and may

(a) establish criteria for the admission to and discharge from a child and youth care resource,

(b) establish program and physical standards applicable to a child and youth care resource,

(d) assess whether a resource meets the criteria and standards established by the Minister or prescribed by regulation to be approved or designated as a child and youth care resource, and

(e) approve or designate a resource as a child and youth care resource.

11( 2) A person, other than the Minister, who operates a child and youth care resource without an approval or designation under paragraph (1)(e) commits an offence.

Delegation by the Minister

12( 1) The Minister may delegate in writing to any person any of the Minister’s powers, duties or functions under this Act, except the power of delegation.

12( 2) Despite subsection (1), the Minister may only delegate to the owner or person in charge of a social service agency the Minister’s powers, duties or functions under paragraph 11(1)(d) and sections 82, 88 and 90.

Contract with Crown in right of Canada

13 With the approval of the Lieutenant-Governor in Council, the Minister may enter into contracts with the Crown in right of Canada respecting the payment by Canada of any portion of the aggregate cost to the Province of providing social services, including support, to children and youth and their families and to communities.

Deemed payment under Family Income Security Act

14( 1) In this section, “person in need” means a person in need as defined in the Family Income Security Act.

14( 2) Financial support made on behalf of a person in need under this Act and the regulations under this Act for the provision of social services shall be deemed to be payment or payments made on behalf of a person in need under the Family Income Security Act and its regulations.

Policies and guidelines

15( 1) The Minister may establish provincial policies and guidelines related to social services.

15( 2) A policy or guideline established under subsection (1) shall be published by the Minister as soon as the circumstances permit on the Department of Social Development website.

15( 3) The Regulations Act does not apply to provincial policies and guidelines established under subsection (1).

Determination of suitability

16( 1) The Minister may determine, in accordance with the principles of procedural fairness and natural justice, that an operator, a staff member, a care provider, a foster parent, a kinship caregiver or a member of a class of persons prescribed by regulation is not suitable to provide social services, that a prospective adoptive parent is not suitable to adopt or that a prospective guardian is not suitable to become a guardian by a transfer of guardianship order in the following circumstances:

(a) the person is the subject of a court order made under this Act in relation to a danger to the well-being of a child or youth as described in paragraphs 34(a) to (n);

(b) the Minister has made a finding that the person has endangered the well-being of a child or youth under subsection 39(1);

(c) the person is the subject of a court order made under this Act in relation to a danger to the well-being of a person as described in paragraphs 37.1(1)(a) to (g) of the Family Services Act;

(d) the Minister has made a finding that the person has endangered the well-being of another person under section 36.2 of the Family Services Act; or

(e) the person has been convicted of an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) that is prescribed by regulation.

16( 2) The Minister may determine that an associated person is not suitable to have contact with a recipient of social services in the circumstances referred to in paragraphs (1)(a) to (e).

16( 3) With respect to an operator, a staff member, a care provider, a foster parent, a kinship caregiver, a member of a class of persons prescribed by regulation, a prospective adoptive parent or a prospective guardian who has resided outside of the Province, the Minister may make a determination referred to in subsection (1) or (2) based on information obtained from another jurisdiction.

16( 4) If the Minister determines that a person is not suitable under subsection (1), (2) or (3), the person shall not provide social services, adopt, become a guardian by a transfer of guardianship order or have contact with a recipient of social services and the Minister may

(a) refuse, suspend or terminate the provision of social services by the person, or

(b) refuse to approve or designate a child and youth care resource or suspend or terminate operation of a child and youth care resource.

Decision-making responsibility

17( 1) A person who has custody of a child or youth under this Act has the responsibility for making significant decisions with respect to the child or youth, and a person who provides care to a child or youth under this Act has the responsibility for making day-to-day decisions with respect to the child or youth.

17( 2) A person who has custody of a child or youth has the right to consent to

(a) the child or youth’s participation in routine school, social or recreational activities, and

(b) necessary health care for the child or youth as recommended by a health care professional, if the child or youth’s parent is unavailable or refuses to consent to the health care.

17( 3) A person who has custody of a child or youth does not have the right to consent to

(a) the adoption of the child or youth, or

(b) a do-not-resuscitate order with respect to the child or youth.

18 The Minister shall keep a register of all social services, support, communications, decisions and activities with respect to children and youth that are provided, made or undertaken under this Act.

PART 3

CONFIDENTIALITY

Right to Information and Protection of Privacy Act

19 If a provision of this Act is inconsistent or in conflict with a provision of the Right to Information and Protection of Privacy Act, the provision of this Act prevails.

Confidential nature of social services

20( 1) A person who publishes or makes public, in any form, including by video, on social media websites or electronically, or contributes to the publication of the name of a child or youth who is receiving or has received social services or the name of the parent of the child or youth, or in any other way identifies the child or youth or the parent of the child or youth commits an offence.

20( 2) Despite subsection (1), a person may publish or make public or contribute to the publication of the name of a child or youth or the name of the parent of the child or youth or, in any other way, identify the child or youth or the parent of the child or youth if the person has first obtained leave of the Court.

Confidential nature of proceedings

21( 1) A person who publishes or makes public, in any form, including by video, on social media websites or electronically, or contributes to the publication of the name of a child or youth who is or has been the subject of a proceeding under this Act or the name of the parent of the child or youth, or in any other way identifies the child or youth or the parent of the child or youth commits an offence.

21( 2) Despite subsection (1), a person may publish or make public or contribute to the publication of the name of a child or youth or the name of the parent of the child or youth or, in any other way, identify the child or youth or the parent of the child or youth if the person has first obtained leave of the Court.

Confidentiality

22( 1) All information acquired by the Minister or any other person in relation to any person or matter under this Act, whether of a documentary nature or otherwise, is confidential to the extent that its release would tend to reveal personal information, as defined in the Right to Information and Protection of Privacy Act, about a person identifiable from the release of the information.

22( 2) The Minister may disclose confidential information referred to in subsection (1) with the written consent of

(a) the parent of the child, in the case of a child who is under 12 years of age, or

(b) the child or youth, in the case of a child or youth who is 12 years of age or over.

22( 3) A person, other than the Minister, shall not disclose confidential information referred to in subsection (1) without the written consent of the person from whom the information was obtained and the person to whom the information relates.

22( 4) A person who violates or fails to comply with subsection (3) commits an offence.

22( 5) The Minister may disclose confidential information referred to in subsection (1) without the consent required under paragraph (2)(a) or (b) in the following circumstances:

(a) for the purposes of providing a common or integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act in accordance with that Act;

(b) for the purposes of providing a common or integrated service, program or activity as defined in the Personal Health Information Privacy and Access Act in accordance with that Act;

(c) to an officer or employee of the Royal Canadian Mounted Police or a regional or municipal police force or a band constable for an Indigenous community, if the information relates to a criminal investigation in which a child or youth is the suspected victim;

(d) to another province, a territory or an agency under the Provincial Territorial Protocol on Children, Youth and Families Moving Between Provinces and Territories;

(e) for the purposes of multidisciplinary planning as referred to in section 42;

(f) to the Child Death Review Committee or Coroner Services to review the circumstances surrounding the death of a child or youth who received social services and to make recommendations to the Minister;

(g) to protect the health, safety and security of a person; or

(h) otherwise in accordance with this Act.

22( 6) Despite subsection (3), a person may disclose confidential information without the written consent of the person from whom the information was obtained and the person to whom the information relates if the information was released to the person under

(a) paragraph (5)(a), (b), (c) or (d), or

(b) paragraph (5)(e), in the case of a public body as defined in the Right to Information and Protection of Privacy Act or a health care provider or a health care facility as those terms are defined in the Personal Health Information Privacy and Access Act.

22( 7) Despite subsections (1) to (6), the Minister may disclose confidential information in accordance with Right to Information and Protection of Privacy Act for the purposes of paragraph 9(a).

22( 8) Information with respect to multidisciplinary planning as referred to in section 42 may be disclosed under this section to a parent of a child or youth for the purposes and in the manner prescribed by regulation.

Requirement to provide information

23( 1) When the Minister provides social services to a child or youth or the family of a child or youth, the Minister may request that a person or entity provide information to the Minister and produce any document or record that relates to

(a) the child or youth,

(b) the parents or siblings of the child or youth, or

23( 2) The Minister may make a request under subsection (1) if the Minister

(a) has requested and has been unable to obtain the consent of a parent of the child or youth or the person identified as being significant in the life of the child or youth, as the case may be, to release the information, document or record, and

(b) believes, on reasonable grounds, that the information, document or record is relevant for the purpose of providing the social services.

23( 3) The Minister may make a request under subsection (1) to the following persons and entities:

(a) persons employed within the Civil Service, as defined in the Civil Service Act, including those employed on a part-time, temporary or casual basis;

(b) a regional health authority as defined in the Regional Health Authorities Act;

(c) persons employed by a regional health authority, including those employed on a part-time, temporary or casual basis; and

(d) any other custodian as defined in the Personal Health Information Privacy and Access Act.

23( 4) Despite subsections (2) and (3), if the Minister makes use of multidisciplinary planning as referred to in section 42, the Minister may make a request under subsection (1) to the persons and entities referred to in subsection 42(2).

23( 5) A person or entity to whom a request is made under this section shall provide the information or produce the document or record.

23( 6) The Minister may make a copy of any document or record provided to the Minister under this section.

23( 7) A person who violates or fails to comply with this section commits an offence.

Contracts with Canada Revenue Agency

24( 1) For the purposes of this section, “personal information” means the name, date of birth and social insurance number of the person who is eligible to receive a social service.

24( 2) For the purposes of this Act, the Minister may enter into contracts with the Canada Revenue Agency to collect, use or disclose tax information, including personal information, of a person who is eligible to receive a social service under this Act, with the consent of the person.

PART 4

STRATEGIC INTERVENTION AND
SUPPORT SERVICES

Birth parent services

25( 1) The Minister may provide social services, including support, to expectant parents or parents if

(a) the Minister receives a prenatal report of potential harm, or

(b) the parents are considering placing a child for adoption.

25( 2) Birth parent services include

(a) services to expectant parents that promote preventive care consistent with the best interests of the child after birth,

(b) counselling services to expectant parents or parents who are parenting a child who is nine months of age or under, and

25( 3) If the Minister receives a prenatal report of potential harm, the Minister may provide social services to the expectant parents under this section.

25( 4) Subject to a court order, a person who reveals the identity of a person who provides a prenatal report of potential harm without the person’s written consent commits an offence.

Services for children or youth with disabilities

26 The Minister may provide social services, including support, to the family of a child or youth with a disability to address the particular developmental needs of the child or youth.

Relief care services

27 The Minister may provide relief care social services, including support, to provide temporary care services to

(a) the family of a child or youth with a disability, or

(b) the family of a child or youth receiving protection services in the home.

Coordinated restorative services

28( 1) The Minister may provide coordinated restorative social services to a child or youth who is prescribed by regulation and

(a) who has not been diagnosed with a serious mental illness as defined in the Mental Health Act,

(b) who does not require observation, examination, assessment, restraint, care or treatment in a psychiatric facility under the Mental Health Act, and

28( 2) Coordinated restorative services may be provided at a child and youth care resource or a location prescribed by regulation.

Support after kinship services

29 The Minister may provide social services, including support, to a person who was previously receiving kinship services and who remains in the home of the kin after the termination of the kinship services.

Youth engagement services

30( 1) The Minister may provide social services, including support, to encourage well-being and develop life skills, to a youth who meets the criteria prescribed by regulation.

30( 2) A youth who receives services under this section shall actively participate in the establishment and implementation of a plan with respect to the services and sign a written agreement with respect to the plan.

Services for young adults

31( 1) If a child or youth under the Minister’s care under a custody agreement, guardianship agreement, custody order or guardianship order reaches 19 years of age, the Minister may continue to provide social services and support with their consent, in accordance with the regulations, during the period of time during which the person is under 26 years of age.

31( 2) If a person does not consent to receiving a social service under this section, nothing prevents that person from consenting at a later time during the period of time during which the person is under 26 years of age.

PART 5

PROTECTION SERVICES

Division A

Provision of protection services

Services provided under Part 5

32 Protection services, with the exception of orders, shall be provided by a social worker, unless otherwise prescribed by regulation.

Division B

Protection with respect to well-being of a child or youth

Definitions for the purposes of this Division

33 The following definitions apply in this Division.

“person required to report” means one of the following persons: (personne tenue de signaler)

(a) a physician, physician’s assistant, nurse practitioner, nurse, administrator of a hospital facility, psychologist, dentist, dental hygienist or any other health professional;

(b) a social work administrator, social worker, person who provides mediation services with respect to a matter under this Act or any other social service professional;

(d) a person who works in an early learning and childcare facility or any other location where childcare is provided;

(e) a police officer, peace officer or law enforcement officer;

(f) a Canadian Border Services Agency officer, fire inspector, residential tenancies officer, New Brunswick Housing Corporation inspector or officer or animal protection officer;

(g) an intimate partner violence or domestic violence intervenor;

(h) a recreational services administrator or worker; or

(i) any person who by virtue of their employment or profession has a duty of care towards a child or youth.

“professional person” means a person required to report whose professional activities are regulated by a professional society, association or other organization authorized under the laws of the Province. (personne professionnelle)

Well-being of child or youth in danger

34 The well-being of a child or youth may be in danger in the following circumstances:

(a) the child or youth is being or is at substantial risk of being physically harmed;

(b) the child or youth is being or is at substantial risk of being sexually harmed;

(c) the child or youth is being or is at substantial risk of being sexually exploited, or is involved or is at substantial risk of being involved in prostitution or human trafficking;

(d) the child or youth is being or is at substantial risk of being harmed as a result of being exposed to or involved in the production of child pornography, or has significant contact with a person who possesses child pornography;

(e) the child or youth is being or is at substantial risk of being neglected or ill-treated as a result of being in the care of a person who fails to

( i) provide adequate food, clothing or shelter,

( ii) provide adequate affection or respond to the cues of the child or youth or the need for cognitive stimulation, or

( iii) seek appropriate medical, surgical, dental, mental health, remedial care or rehabilitative treatment for the child or youth or consent to the care or treatment,

(f) the child or youth is being or is at substantial risk of being neglected or ill-treated as a result of being in the care of a person who fails to ensure the child or youth attends school or follows an approved educational plan and who has failed to comply with subsection 15(6) of the Education Act;

(g) the child or youth is being or is at substantial risk of being neglected or ill-treated as a result of being in the care of a person who leaves the child or youth unsupervised or unattended for a period of time that is inconsistent with their age and maturity and no reasonable provision for the care and supervision of the child or youth is made;

(h) the child or youth is being or is at substantial risk of being psychologically or emotionally harmed;

(i) the child or youth is living in a situation where violence exists that is likely to result in physical or emotional harm to the child or youth;

(j) the child or youth is living in an unfit, unsafe or improper environment;

(k) the child or youth has been abandoned or the only parent of the child or youth has died or is unable or unwilling to exercise custody, care and supervision of the child or youth and has not made reasonable provision for the custody, care and supervision of the child or youth;

(l) the parent or person having responsibility for the child or youth fails or is unable to protect the child or youth from harm;

(m) in the case of a newborn,

( i) the newborn has a controlled substance in their body that was not prescribed to the mother or the newborn, or

( ii) the newborn is likely to be exposed to a living situation with the potential for violence, neglect, physical harm or emotional harm;

(n) the child or youth has suffered multiple incidents of harm or patterns of behaviour that result in harm;

(o) the child or youth is beyond the control of the parent or person having responsibility for the child or youth;

(p) the child or youth is likely to intentionally injure themselves or another person;

(q) the child or youth is in the care of a person who does not have a right to the custody, care and supervision of the child or youth; or

(r) in the case of a child who is under 12 years of age, it is likely that the child has committed a criminal act.

Duty to report

35( 1) Any person who has reason to believe that the well-being of a child or youth is in danger shall inform the Minister without delay regardless of whether the person has acquired the information

(a) in the performance or exercise of the person’s duties or powers, or

(b) within a confidential relationship.

35( 2) If a person required to report acquires information in the performance of their duties or in the exercise of their powers that should reasonably cause them to suspect that the well-being of a child or youth is in danger, the person required to report shall inform the Minister directly without delay.

35( 3) A person required to report who violates or fails to comply with subsection (2) commits an offence.

35( 4) A proceeding with respect to an offence under this section may be commenced at any time within six years after the alleged violation or failure to comply.

35( 5) If the Minister has reasonable grounds to suspect that a professional person is in violation of or has failed to comply with subsection (2), the Minister may require the applicable professional society, association or other organization to conduct an investigation into the matter.

35( 6) No action or other proceeding shall be commenced against a person who provides information under this section except with leave of the Court.

35( 7) An application for leave of the Court shall be commenced by a Notice of Application served on the respondent and the Minister in accordance with the Rules of Court.

35( 8) The Court shall grant leave under this section only if the applicant establishes, by affidavit or otherwise, a prima facie case that the person who provided the information to the Minister did not provide the information in good faith.

35( 9) If leave is not granted, the Court may order the applicant to pay all or any portion of the costs of the application.

35( 10) An action against a person with respect to providing information to the Minister under this section is a nullity if the action is commenced without the leave of the Court.

35( 11) Subject to a court order, a person who reveals the identity of a person who provides information under this section without the person’s written consent commits an offence.

35( 12) Nothing in this section overrides solicitor-client privilege.

35( 13) A person who knowingly provides false information to the Minister under this Act or who provides information to the Minister that is frivolous or vexatious or in bad faith commits an offence.

Voluntary services

36( 1) A youth may refuse any protection services established in this Division if it is established by the Minister that the youth has the required degree of maturity and the youth is able to understand the nature and effect of the protection service, unless otherwise ordered by a court.

36( 2) If a youth refuses a protection service under subsection (1), the Minister shall advise the youth of available social services, including youth engagement services under section 30.

Assessment by the Minister

37( 1) If the Minister is informed that the well-being of a child or youth may be in danger under section 35, the Minister shall assess the information without delay and shall consider

(a) the impact of multiple incidents of harm or patterns of behaviour resulting in harm,

(b) the history of reports under section 35 with respect to the child or youth,

(c) the history of any reports with respect to a person providing care to the child or youth or any other person referred to in the report under section 35, and

(d) any other criteria determined to be relevant by the Minister or established by policy.

37( 2) When an assessment is completed by the Minister, the Minister shall make a decision to do one or more of the following:

(a) investigate the matter;

(b) refer the matter to another Minister of the Crown in right of the Province, a health care professional, an entity providing policing services or an agency;

(d) take no further action.

37( 3) If the Minister is informed by a professional person under section 35, the Minister may inform the professional person of the Minister’s decision under subsection (2).

Investigation with respect to well-being of a child or youth

38( 1) The Minister may conduct an investigation with respect to the well-being of a child or youth if

(a) the Minister makes a decision to investigate under paragraph 37(2)(a), or

(b) based on any information provided to the Minister, the Minister suspects that the well-being of the child or youth is in danger.

38( 2) The Minister shall advise the parent of a child or youth in respect of whom an investigation is being conducted under this section of the steps to be taken, being taken or that have been taken by the Minister in relation to the investigation, with reasons whenever possible, if, in the opinion of the Minister

(a) it is practicable,

(b) it will not endanger the well-being of the child or youth, and

38( 3) The Minister may apply to the Court for a warrant authorizing the Minister to enter and search a premises or area where a child or youth is located for the purpose of conducting or continuing to conduct an investigation in relation to the well-being of a child or youth under this section if

(a) access to the child, or to any premises or area where the child is, is impeded or denied, or

(b) the Minister has reason to believe that access to the child, or to any premises or area where the child is, will be impeded or denied.

38( 4) An application under subsection (3) may be made in person or by means of telecommunication.

38( 5) For the purposes of subsection (3), the Court may grant a warrant authorizing the Minister to take all or any of the following measures during an investigation in relation to the child or youth named in the warrant:

(a) enter a specified premises or area and conduct a physical examination of the child or youth or an interview with the child or youth, or both;

(b) enter a specified premises or area, remove the child or youth and take the child or youth to a location to be determined by the Minister for the purpose of having the child or youth undergo a medical examination or conducting an interview, or both;

(c) enter and search a specified premises or area and take possession of anything that the Minister has reasonable grounds to believe is evidence that the well-being of the child or youth is in danger; and

(d) take any other steps on the terms and conditions specified by the Court to determine whether the well-being of the child or youth is in danger.

38( 6) Despite subsection (3), the Minister may enter and search a premises or area where a child or youth is located, for the purpose of conducting or continuing to conduct an investigation under this section, without a warrant and by force, if necessary, if the Minister has reasonable grounds to believe that the well-being of the child or youth would be seriously and imminently in danger as a result of the time required to obtain a warrant.

38( 7) During an investigation under this section, the Minister shall interview or attempt to interview the child or youth, to the extent of their age and ability, separate from the parent of the child or youth.

38( 8) During an investigation under this section, the Minister may

(a) make an application to the Court without notice for an order requiring the production of a record or document, if access to any record or document relevant to the well-being of the child or youth is denied to the Minister, and

(b) if the Minister has reason to believe that the well-being of the child or youth is in danger,

( i) enter into an agreement with the parent of the child or youth to ensure that the well-being of the child or youth is protected,

( ii) if the parent of the child or youth is unable or unwilling to enter into an agreement referred to in subparagraph (i) or the Minister determines that the well-being of the child or youth cannot be protected by such an agreement, apply to the Court for an order regarding the child or youth, or

( iii) in the circumstances referred to in subsection 44(1), provide protective care interventions to the child or youth.

38( 9) A person who interferes with or harasses another person who provides information or assistance to the Minister with respect to a situation that may endanger the well-being of a child or youth commits an offence.

38( 10) An investigation under this section shall be completed in as expeditious a manner as possible.

Findings of the Minister

39( 1) After an investigation has been conducted, the Minister may make a finding that the well-being of a child or youth is or is not in danger and may make a finding that a person has endangered the well-being of a child or youth.

39( 2) The Minister shall notify the following persons of the Minister’s findings:

(a) the parent of the child or youth;

(b) any person identified during the investigation as a person having endangered the well-being of the child or youth; and

39( 3) The Minister shall not inform a person referred to in subsection (2) of the Minister’s findings if

(a) it would endanger the well-being of the child or youth,

(b) it may impede a criminal investigation related to the endangerment of the well-being of the child or youth, or

(c) in the case of a person referred to in paragraph (2)(b), the person has not been contacted as part of the Minister’s investigation.

Plan for the child or youth

40( 1) In the case of a child or youth whose well-being is in danger, as determined by the Minister, the Minister shall establish

(a) a plan for the child or youth, and

(b) an alternate plan for the child or youth to be implemented if the initial plan fails to protect the well-being of the child or youth.

40( 2) The plans referred to in subsection (1) shall include the information prescribed by regulation.

40( 3) The Minister may determine that a parent of the child or youth cannot be involved in the establishment or implementation of the plans if the Minister is of the opinion that the parent has impaired judgment as a result of serious addiction.

40( 4) If a plan requires change on the part of a parent of the child or youth, the parent shall demonstrate meaningful and sustainable change in accordance with the plan.

40( 5) The Minister may replace or amend the plans at any time.

Collaborative approaches

41( 1) If the Minister establishes, replaces or amends a plan under section 40, the Minister shall consider the use of collaborative approaches to engage with family and other persons who have a connection to the child or youth.

41( 2) Collaborative approaches may include models for the transmission of traditional knowledge, Indigenous ceremonies and Indigenous-led decision-making practices.

41( 3) All matters and determinations with respect to the plans for a child or youth may be dealt with by the use of collaborative approaches, except a finding by the Minister that the well-being of the child or youth is in danger and the factors considered in making that finding.

41( 4) The Minister may use collaborative approaches without the consent of any person when collaborative approaches are in the best interests of the child or youth.

41( 5) Except as provided under section 35, no person may be compelled to give evidence in any court in a judicial proceeding or in an investigative process concerning any information that comes to the knowledge of the person as a participant in collaborative approaches under this section.

Multidisciplinary planning

42( 1) If the Minister establishes a plan under section 40, the Minister may consider the use of multidisciplinary planning with various participants in order to provide services to ensure the well-being of the child or youth.

42( 2) For the purposes of subsection (1), a participant shall be one of the following persons or entities:

(a) a public body as defined in the Right to Information and Protection of Privacy Act;

(b) a health care provider or a health care facility as those terms are defined in the Personal Health Information Privacy and Access Act;

(d) a social service agency;

(e) a child and youth care resource; and

(f) a person or entity prescribed by regulation.

Kinship services

43( 1) If the Minister has made a finding that the well-being of a child or youth is in danger and a plan for the child or youth is established that does not include placing the child or youth as a child or youth under the Minister’s care, the child or youth may receive kinship services in the home of a kinship caregiver if, in the opinion of the Minister, the kinship caregiver is capable of providing for the child or youth in accordance with standards established by the Minister or prescribed by regulation.

43( 2) The Minister may enter into an agreement with a kinship caregiver who meets the conditions prescribed by regulation to provide support to the kinship caregiver, if support is required to provide for the basic or exceptional needs of the child or youth, in the opinion of the Minister.

43( 3) The agreement referred to in subsection (2) may remain in force until the child or youth no longer receives kinship services in the home of the kinship caregiver.

Protective care interventions

44( 1) The Minister may provide protective care interventions to a child or youth in any of the following circumstances:

(a) the Minister receives a report from a health care professional that a newborn is suspected to have a controlled substance in their body that was not prescribed to the mother or the newborn;

(b) the Minister receives a report from a health care professional that a newborn is likely to be exposed to a living situation with the potential for violence, neglect, physical harm or emotional harm;

(c) a child or youth is left unattended for an unreasonable period of time and no reasonable provision for the care and supervision of the child or youth is made;

(d) a child or youth is abandoned, deserted or lost;

(e) in the case of a child, the child has withdrawn from the care and supervision of their parent or other person responsible for the care and supervision of the child;

(f) the parent of a child or youth requests the emergency placement of the child or youth;

(g) a parent breaches a condition of a supervisory order or a person breaches a condition of a protective intervention order; or

(h) the well-being of a child or youth is otherwise seriously and substantially in danger.

44( 2) The Minister may provide the following protective care interventions to a child or youth:

(a) remove the child or youth from any home, premises or facility and place the child or youth in a home, premises or facility that is appropriate according to the order of priority set out in section 54;

(b) leave the child or youth in the home and provide social services, if the provision of social services is adequate to ensure the well-being of the child or youth is protected;

(d) obtain medical examinations, tests and treatments for the child or youth without the consent of any person.

44( 3) When the Minister provides protective care interventions, the Minister shall consider the use of collaborative approaches before placing a child or youth under paragraph (2)(a).

44( 4) The Minister may return the child or youth to the care of the parent pending any decision of the Court or if there is no longer a need for protective care interventions.

44( 5) If the Minister leaves the child or youth in the home under paragraph (2)(b), the social services may include the services of a social service agency, or another person providing similar services, for the purpose of ensuring the well-being of the child or youth.

44( 6) A child or youth under the Minister’s care under a custody agreement, guardianship agreement, custody order, guardianship order or supervisory order may be further placed under paragraph (2)(a).

Search of premises and removal of child or youth

45( 1) If a child or youth is a child or youth under the Minister’s care or in need of protective care interventions in the opinion of the Minister but the parent or any other person refuses to release the child or youth to the Minister or access to the child or youth is otherwise impeded or denied, the Minister may apply to the Court for a warrant authorizing the Minister to enter and search any premises or area for the purpose of removing the child or youth.

45( 2) An application under subsection (1) may be made in person or by means of telecommunication.

45( 3) Despite subsection (1), the Minister may enter and search any premises or area for the purpose of removing a child or youth without a warrant of the Court and by force, if necessary, if the Minister has reasonable grounds to believe that the well-being of the child or youth would be seriously and imminently in danger as a result of the time required to obtain a warrant.

Apprehension of child or youth

46( 1) A peace officer may apprehend a child or youth if the peace officer has reason to believe the child or youth is

(a) a child or youth described in paragraphs 34(a) to (r), or

(b) a child or youth whose well-being is in danger as a result of the child or youth’s withdrawing from the custody, care and supervision of the parent or other person responsible for the care and supervision of the child or youth.

46( 2) A peace officer who apprehends a child or youth under subsection (1) shall notify the Minister without delay.

46( 3) If the Minister receives notice under subsection (2), the Minister shall

(a) return the child or youth to the care of their parent or other person responsible for the care of the child or youth or direct the peace officer to do so, or

(b) provide one of the protective care interventions under subsection 44(2) and take any other steps that the Minister considers necessary.

Notice requirements

47( 1) When the Minister provides protective care interventions to a child or youth under subsection 44(2), the Minister shall notify

(a) the parent of the child or youth without delay, whenever possible, and

(b) the owner, operator or occupier of any premises from which the child or youth was removed.

47( 2) Within 24 hours after providing protective care interventions, the Minister shall provide additional information to the parent of the child or youth in the form prescribed by regulation.

47( 3) Within five days after providing protective care interventions, the Minister shall do one of the following:

(a) return the child or youth to the care of the parent under subsection 44(4);

(b) enter into an agreement with the parent of the child or youth to ensure the well-being of the child or youth is protected and return the child or youth to the care of the parent under subsection 44(4); or

(c) apply for an order with respect to the child or youth, including a protective intervention order or a supervisory order.

Interim hearing

48( 1) If the Minister provides protective care interventions to a child or youth and subsequently applies for an order with respect to the child or youth, the Court shall hold an interim hearing with respect to the provision of the protective care interventions no later than seven days after the protective care interventions are provided.

48( 2) Despite subsection (1), the Court is not required to hold an interim hearing if the parents waive the requirement.

48( 3) The Court may adjourn an interim hearing for a period of up to 14 days.

48( 4) An interim hearing is a summary proceeding and shall not last more than one day.

48( 5) The Court shall set a date, time and location for the hearing of an application of the Minister.

48( 6) If the parents are in agreement with the application of the Minister, the Court may dispose of the application at the interim hearing.

48( 7) At the end of an interim hearing, the Court may

(a) if it determines that the Minister did not have reasonable grounds to provide protective care interventions, dismiss the matter, or

(b) if it determines that the Minister had reasonable grounds to provide protective care interventions,

( i) make an interim order returning the child or youth to their parent subject to a supervisory order,

( ii) make an interim order placing the child or youth in the care of the child or youth’s kin subject to a supervisory order,

( iii) make an interim custody order transferring to the Minister the custody, care and supervision of a child or youth and all other parental rights and responsibilities with respect to the child or youth,

( iv) declare that the risk to the well-being of the child or youth warrants the making of an order placing the child or youth in the custody of the other parent, kin or the Minister for a period of six months and make an order to that effect, or

( v) make an interim order in accordance with sections 52 and 57 of the Family Law Act or vary, extend or set aside an order made under that Act.

Review of protective care interventions

49( 1) When the Minister provides protective care interventions to a child or youth, the parent may apply to the Court for a review of the provision of the protective care interventions by the Minister.

49( 2) An application under this section shall be in the form prescribed by regulation and shall be made within 30 days after the Minister ceases to provide protective care interventions to the child or youth.

49( 3) A person who makes an application under this section shall provide notice of the application and of the date, time and location of the hearing to the Minister and to any interested person that the Court directs at least 14 days before the date of the hearing.

49( 4) On an application under subsection (1), the Court may

(a) if it is satisfied that the Minister had reasonable grounds to provide protective care interventions, dismiss the application, or

(b) if it is not satisfied that the Minister had reasonable grounds to provide protective care interventions, issue a declaratory order to that effect.

49( 5) The Court shall not make an order for damages or provide any remedy other than a declaratory order in relation to an application under this section.

Offending persons

50( 1) If the Minister leaves the child or youth in the home under paragraph 44(2)(b) and has reason to believe that a person may endanger the well-being of the child or youth, the Minister may apply to the Court for a warrant authorizing one or both of the following:

(a) the removal of the offending person from the home; and

(b) the arrest and detention of the offending person, pending a decision of the Court with respect to an application by the Minister for a protective intervention order.

50( 2) An application for a warrant under subsection (1) may be made in person or by means of telecommunication.

50( 3) A person detained under paragraph (1)(b) shall be brought before the Court without delay and may be released on the person’s own recognizance or on the conditions that may be imposed by the Court.

Care and supervision

51 A person who has the care of a child who is under 12 years of age or a child or youth with a disability who leaves the child or youth for an unreasonable period of time without making reasonable provision for the care and supervision of the child or youth commits an offence.

Peace officers

52 The Minister may request the assistance of a peace officer and the peace officer shall provide all reasonable assistance to the Minister to enable the Minister to perform the duties or exercise the powers of the Minister under this Part.

Spouse compellable

53 Despite the Evidence Act, a spouse may be compelled to testify as a witness during a proceeding brought against their spouse under this Act with respect to the well-being of a child or youth.

Division C

Priority of placement

Placement of child or youth

54( 1) The Minister shall place a child or youth with one of the following persons listed in order of priority:

(a) a parent of the child or youth;

(b) kin of the child or youth;

(c) another person who has a connection with the child or youth and who shares the language, culture, heritage or religion of the child or youth;

(d) another person who shares the language, culture, heritage or religion of the child or youth; or

(e) any other person.

54( 2) For the purposes of subsection (1), the placement may be in a home, premises or facility, including a child and youth care resource.

54( 3) If the Minister places a child or youth under this Part, the Minister may place the child or youth under paragraph (1)(a) regardless of any contact order or parenting order made under the Family Law Act.

54( 4) When placing a child or youth, the Minister shall consider

(a) the proximity of the placement to the child or youth’s habitual residence, and

(b) whether the child or youth can be placed with or near their siblings.

Division D

Agreements with respect to the well-being of a child or youth

Foster parent agreements

55( 1) The Minister may enter into an agreement with a foster parent with respect to a child or youth under the Minister’s care and may transfer all or part of the custody, care and supervision of the child or youth, including

(a) any of the rights and responsibilities with respect to custody that have been transferred to the Minister by a custody or guardianship agreement, or

(b) any of the rights and responsibilities with respect to custody that have been imposed on the Minister by a custody or guardianship order.

55( 2) In the case of a child or youth under the Minister’s care under a custody agreement or custody order, before the Minister and a foster parent enter into a foster parent agreement with respect to the child or youth, the parent of the child or youth shall be advised, whenever possible.

55( 3) A foster parent shall not transfer to any other person a right or responsibility transferred to the foster parent under a foster parent agreement.

Custody agreement

56( 1) The Minister may enter into a custody agreement with the parent of a child or youth to transfer to the Minister the custody, care and supervision of the child or youth and all other parental rights and responsibilities with respect to the child or youth.

56( 2) A custody agreement is valid even if one parent is not a party to the agreement if the parent who is not a party

(a) has abandoned or deserted the child or youth,

(b) has been incapable of caring for the child or youth for a period of time of sufficient duration to be detrimental to the best interests of the child or youth and remains incapable at the time the agreement is entered into,

(d) has not had an ongoing parental relationship with the child or youth and any delay in entering into the agreement would be detrimental to the best interests of the child or youth,

(e) cannot be found after all reasonable attempts have been made, or

(f) is not readily available to sign the agreement.

56( 3) Before the Minister enters into a custody agreement with respect to a child or youth, the child or youth has a right to be heard by the Minister in a manner that is consistent with the child or youth’s maturity and capacities.

56( 4) The Minister shall not enter into a custody agreement if

(a) the Minister is unable to meet the needs of the child or youth,

(b) one or more parents are unable or unwilling to enter into an agreement,

(c) the Minister is of the opinion that one or more parents are unable to understand an agreement or unable or unwilling to fulfil the terms of an agreement, or

(d) the Minister is uncertain who one or more parents are.

56( 5) A custody agreement entered into by the Minister shall have a term of six months or less and may be extended for one additional term of six months or less.

56( 6) Despite subsection (5), a custody agreement may continue in force for more than 12 months in the following circumstances:

(a) an application with respect to the child or youth is filed before the expiry of the agreement but the Court does not dispose of the application before the expiry of the agreement, in which case the agreement continues in force pending the disposition of the application, or

(b) the special needs of the child or youth or exceptional circumstances of the parent would be met with the continuation of the agreement, in the opinion of the Minister.

56( 7) If a child or youth is a child or youth under the Minister’s care under a custody agreement, the Minister shall

(a) provide care for the child or youth that will meet their physical, emotional, religious, educational, social, cultural and recreational needs, after considering the views and preferences of the child or youth and their parent, and

(b) provide support for the child or youth to the extent the parent cannot.

56( 8) The Minister may require a parent to contribute financially to the expenses incurred as a result of performing the duties of the Minister under subsection (7).

56( 9) The Minister shall allow a parent who enters into a custody agreement reasonable communication and contact with the child or youth, subject to the conditions and frequency as determined in the sole discretion of the Minister, unless the Minister has prohibited communication and contact by the parent under section 73.

56( 10) A custody agreement may provide for periodic returns of the child or youth to their parent.

56( 11) After considering the views and preferences of a child or youth under the Minister’s care under a custody agreement and their parent, the Minister may place the child or youth in a facility, including a child and youth care resource, that the Minister considers appropriate.

56( 12) A custody agreement terminates

(a) when a party to the agreement elects to terminate the agreement and provides 30 days’ written notice of termination to the other party,

(b) on the marriage or death of the child or youth,

(d) when the child or youth reaches 19 years of age.

56( 13) Any action taken by the Minister under this section shall not be construed as a release or waiver by the Minister of any rights and responsibilities under the agreement with respect to the custody, care and supervision of the child or youth.

Guardianship agreement

57( 1) The Minister may enter into a guardianship agreement with the parent of a child or youth to transfer, on a permanent basis, the guardianship of the child or youth, including the custody, care and supervision of the child or youth and all other parental rights and responsibilities with respect to the child or youth.

57( 2) Before the Minister enters into a guardianship agreement with respect to a child or youth,

(a) the Minister shall advise the parent of the child or youth to obtain legal advice and obtain from the parent a written acknowledgement, in the form prescribed by regulation, that the parent has

( i) received legal advice, or

( ii) made a decision to dispense with legal advice, and

(b) the child or youth has a right to be heard by the Minister in a manner that is consistent with the child or youth’s maturity and capacities.

57( 3) For the purposes of paragraph (2)(a), the parent shall provide the acknowledgment in a timely manner, failing which the Minister may enter into a guardianship agreement without the acknowledgement.

57( 4) The Minister shall not enter into a guardianship agreement if

(a) the Minister is unable to meet the needs of the child or youth,

(b) one or more parents are unable or unwilling to enter into an agreement,

(c) the Minister is of the opinion that one or more parents are unable to understand an agreement or unable or unwilling to fulfil the terms of an agreement,

(d) the Minister is uncertain who one or more parents are, or

(e) the child is less than four days old.

57( 5) If a child or youth is a child or youth under the Minister’s care under a guardianship agreement, the Minister shall

(b) provide support for the child or youth.

57( 6) After considering the views and preferences of a child or youth under the Minister’s care under a guardianship agreement, the Minister may place the child or youth in a facility, including a child and youth care resource, that the Minister considers appropriate.

57( 7) A guardianship agreement may be terminated by a party to the agreement by providing written notice to the other party within 30 days after entering into the agreement.

57( 8) Despite subsection (7), if the child or youth has been placed for adoption, the guardianship agreement may be terminated by a parent who is a party to the agreement by providing written notice to the Minister within seven days after entering into the agreement.

57( 9) If written notice is not provided under subsection (7) or (8), as the case may be, on the expiry of the period of time referred to in subsection (7) or (8), the rights and responsibilities with respect to the guardianship of the child or youth are transferred to the Minister.

57( 10) On the request of a former parent, the Minister may transfer to the former parent all or part of the rights and responsibilities transferred to the Minister under a guardianship agreement.

57( 11) A guardianship agreement terminates

(a) on the transfer of guardianship, marriage, death or adoption of the child or youth,

(b) when the child or youth reaches 19 years of age, or

Agreements with other government, person or agency

58( 1) The Minister may enter into an agreement with a representative of the Crown in right of another province or a territory, a representative of any other government or any other person or agency that is approved by the Lieutenant-Governor in Council to transfer to that representative, person or agency all or part of the rights and responsibilities with respect to a child or youth under the Minister’s care.

58( 2) The rights and responsibilities referred to in subsection (1) may have been transferred to the Minister under a custody agreement or a guardianship agreement or imposed on the Minister by court order under this or any other Act.

58( 3) An agreement under subsection (1) shall be deemed to include a provision that any rights and responsibilities under the agreement are subject to being determined or modified in accordance with the provisions of this Part, including by

(a) an order of the Court, or

(b) the exercise of a parental right.

Division E

Applications with respect to the well-being of a child or youth

Application when well-being of child or youth in danger

59( 1) If the Minister has reason to believe that the well-being of a child or youth is in danger, the Minister may apply for an order regarding the child or youth in addition to, or in substitution of, providing protective care interventions.

59( 2) If the child or youth is habitually resident within the Province but is temporarily absent, the Minister may apply for an order regarding the child or youth despite the fact that the child or youth is temporarily absent.

59( 3) If the Minister has reason to believe that the well-being of a child or youth is in danger and the Minister and the parent agree that it is in the best interests of the child or youth for the Minister to have custody or guardianship of the child or youth by means of a court order, they may jointly apply for an order.

59( 4) An application under this section shall be made in accordance with the Rules of Court.

Procedure on applications

60( 1) The Court shall set a date, time and location for the hearing of an application, which shall be held as soon as the circumstances permit, and

(a) in the case of an initial application with respect to a protective intervention order, within 30 days after the day the application was made to the Court,

(b) in the case of an initial application with respect a supervisory or custody order, within three months after the day the application was made to the Court, and

(c) in the case of an initial application with respect to a guardianship order, within six months after the day the application was made to the Court.

60( 2) The Minister shall provide notice of the application and of the date, time and location of the hearing to the parent of the child or youth and to any interested person whose application under subsection 136(1) was granted by the Court.

60( 3) Despite subsection (2), in the case of an application for transfer of guardianship, the notice shall be made to

(a) a person who wishes to become the guardian of the child or youth,

(b) the child or youth, if the child or youth is 12 years of age or over,

(d) any other person that the Court directs.

60( 4) Notice under this section may be provided by serving copies of the application and the notice of hearing.

60( 5) Service may be proven by oral testimony, the affidavit of the person effecting service or evidence that is satisfactory in the opinion of the Court.

60( 6) If the Court is satisfied that a person cannot reasonably be located, that a person is evading service or that service in accordance with subsection (4) cannot otherwise be effected, the Court may

(a) waive the notice requirements under this section, or

(b) order that notice be provided by substituted service in accordance with the Rules of Court.

60( 7) If notice has been provided or waived under this section, the Court may hear the application in the person’s absence and the absence of that person does not affect the validity of the hearing or the jurisdiction of the Court to make an order.

60( 8) During a hearing, if a person introduces hearsay evidence, the Court shall receive the hearsay evidence and shall determine whether the evidence received is reliable and the weight to be given to the evidence in the circumstances.

Powers and duties of the Court

61( 1) Despite an existing agreement or order, if a matter is before the Court in accordance with an application, the Court may

(a) make an order,

(b) make an order that varies, set asides or extends another order,

(d) adjourn the hearing.

61( 2) When considering the adjournment of a hearing, the Court shall consider

(a) whether a parent failed to act promptly and diligently in securing counsel,

(b) whether a parent failed to request disclosure in a timely manner, and

61( 3) The Court shall not make an order for the payment of costs in relation to an application against a person other than the Minister.

61( 4) The Court shall dispose of an application as expeditiously as possible and within 30 days after hearing the application, taking into consideration

(a) the child or youth’s age, maturity, circumstances and needs,

(b) the possible harmful effect of a delay in making a decision or taking an action, and

61( 5) The Court may delay the disposition of an application with reasons, which may include the following:

(a) matters beyond the control of the parties;

(b) the time needed to prepare expert reports; or

61( 6) No application shall be dismissed due to a procedural defect or lack of conformity with any requirement of this Part if the Court is satisfied that

(a) the defect or lack of conformity has been or can be compensated for by substituted procedures that the Court determines to be appropriate in the circumstances, or

(b) the failure to compensate for the defect or lack of conformity has not resulted in or will not result in substantial prejudice to the interests of a person who may be affected by the outcome of the proceedings.

61( 7) The Court shall provide reasons for making an order or dismissing an application.

61( 8) An order under this section shall be in the form prescribed by regulation.

Adjournment to permit collaborative approaches

62( 1) The Court may adjourn a hearing if the parent of the child or youth in respect of whom the application is made and the Minister request that the Court grant an adjournment to permit the parties to make use of collaborative approaches for the purpose of establishing, replacing or amending a plan for the child or youth.

62( 2) If a parent has not had a significant and meaningful role in the life of the child or youth for at least one year, a request under subsection (1) may be made by the Minister alone.

62( 3) If an adjournment is granted under subsection (1), the Court shall set a date for the hearing which shall be within 90 days after the date of the first appearance of the Minister in Court in respect of the application.

62( 4) Any time limit that would otherwise be applicable ceases to operate from the day an adjournment is granted under this section to the day before the hearing is to recommence.

62( 5) If the Minister and the parent enter into an agreement respecting the establishment, replacement or amendment of a plan for a child or youth during an adjournment granted under this section, the Minister shall advise the Court and may withdraw the application.

Review of order or agreement

63( 1) The Minister may apply to the Court to vary, extend or set aside a guardianship agreement or an order of the Court made under this Part or to have another order made in substitution for or in addition to an existing order.

63( 2) If the Minister makes an application under subsection (1), the Minister shall provide notice in accordance with section 60.

63( 3) A child or youth or former parent may apply to the Court to vary or set aside a guardianship agreement or a guardianship order if

(a) it has been at least six months since the agreement or order was made or varied, and

(b) the child or youth or former parent provides at least 14 days notice to the Minister and any other person affected.

63( 4) The Court shall not hear an application under subsection (3) if the child or youth has been placed for adoption or if the Minister has transferred guardianship of the child or youth.

63( 5) The Court shall make a decision with respect to an application under subsection (3) within six months after the date the application is made.

63( 6) A child or youth, a parent or any other person affected may apply to the Court in the form prescribed by regulation to vary, extend or set aside a protective intervention order, a supervisory order, a kin custody order, a custody order or an order authorizing placement in a place of secure care if

(a) it has been at least three months since the order was made, varied or extended, and

(b) the child or youth, parent or other person affected provides at least 14 days notice to the Minister and any other person affected.

63( 7) An application made by a person under subsection (6) may be made jointly with the Minister.

63( 8) On hearing an application under this section, the Court may make any order authorized by this Act.

Appeal from order or decision

64( 1) A person may appeal an order or a decision of the Court made under this Part to The Court of Appeal of New Brunswick within 30 days after the order is made or the decision is rendered in accordance with the regulations and the Rules of Court.

64( 2) If the Court appoints counsel or a responsible spokesperson under subsection 128(1), a child or youth may appeal an order or a decision involving the child or youth in accordance with subsection (1) even if the child or youth was not a party to the proceeding.

64( 3) Despite any other Act, regulation or rule of court that provides otherwise, an order or decision that is appealed under this section continues in force pending the disposition of the appeal and no order staying the effect of the order or decision shall be made.

64( 4) On appeal, The Court of Appeal of New Brunswick may

(a) affirm the order, with or without modifications,

(b) set aside the order,

(d) give a judgment or make an order that, in its opinion, should have been given or made by the Court.

Division F

Orders of the Court

Supervisory order

65( 1) The Court may make a supervisory order authorizing the Minister to exercise supervision of a child or youth and their family, the management of their property and other affairs having a substantial bearing on the child or youth’s well-being, for a period of up to 12 months.

65( 2) An order under subsection (1) may be subject to conditions, including, but not limited to, conditions with respect to

(a) where the child or youth will reside,

(b) with whom the child or youth will reside,

(d) the frequency with which a parent or third party will have contact with the child or youth and the nature of the contact, and

(e) the assessments, treatments and services that the child or youth or their parent or family will receive.

65( 3) If the Court makes a supervisory order under subsection (1), the care and custody of the child or youth remains with the parent but the Minister has access to the child or youth and to the home in order to supervise the conditions of the order.

65( 4) An order made under subsection (1) may be extended for additional periods of up to 12 months each.

65( 5) If the Minister applies to have a supervisory order extended before the expiry of the order but the Court does not dispose of the application before the expiry of the order, the order remains in force pending the disposition of the application.

Protective intervention order

66( 1) The Court may make a protective intervention order directed to a person who is a source of danger to a child or youth’s well-being, in the opinion of the Court, for a period of up to 12 months.

66( 2) A protective intervention order may contain any provisions that the Court considers necessary, including, but not limited to, direction that the person named in the order

(a) cease to reside at the premises at which the child or youth resides, and

(b) refrain from any communication and contact with the child or youth, except as authorized by and subject to the conditions and frequency as determined in the sole discretion of the Minister.

66( 3) A protective intervention order may be made in conjunction with any other order under this Act and any order under the Intimate Partner Violence Intervention Act.

66( 4) A protective intervention order shall remain in force until an order allocating parenting time is made with respect to the child or youth under the Family Law Act unless the Court determines otherwise.

66( 5) An order made under subsection (1) may be extended for additional periods of up to 12 months each.

66( 6) If the Minister applies to have a protective intervention order extended before the expiry of the order but the Court does not dispose of the application before the expiry of the order, the order remains in force pending the disposition of the application.

66( 7) When a protective intervention order is made, the Court shall determine the responsibilities of the person who is the subject of the order to the person’s dependants, as defined in the Family Law Act, and may make an order with respect to the support of the dependants that it is authorized to make under that Act.

66( 8) A person who violates or fails to comply with the provisions of a protective intervention order commits an offence.

66( 9) The Minister may request the assistance of a peace officer and the peace officer shall provide all reasonable assistance to the Minister to enable the Minister to enforce an order under this section.

Kin custody order

67( 1) The Court may make a kin custody order to transfer temporary custody of a child or youth to kin, for a period of up to 12 months, if the child or youth has lived with the kin for at least 12 months at the time of the application.

67( 2) An order made under subsection (1) may be extended for additional periods of up to 12 months each.

67( 3) If the Minister applies to have a kin custody order extended before the expiry of the order but the Court does not dispose of the application before the expiry of the order, the order remains in force pending the disposition of the application.

Custody order

68( 1) The Court may make a custody order transferring to the Minister the custody, care and supervision of a child or youth and all other parental rights and responsibilities with respect to the child or youth for a period of six months or less.

68( 2) Subject to subsections (3) to (5), the Court may extend an order made under subsection (1) for additional periods of six months or less, up to 24 consecutive months including the period of the initial order and any period during which the child or youth was a child or youth under the Minister’s care under a custody agreement.

68( 3) Time under the Minister’s care under a custody order for a child who is under 12 years of age shall be calculated cumulatively and shall not exceed 24 months over a five-year period.

68( 4) In the case of a sibling group in which the youngest child is under 12 years of age, time under the Minister’s care under a custody order shall be calculated as a group based on the time under the Minister’s care under a custody order of the oldest sibling.

68( 5) If the Minister applies to have the custody order extended or applies for a guardianship order before the expiry of the custody order but the Court does not dispose of the application before the expiry of the order, the custody order remains in force pending the disposition of the application.

68( 6) When a custody order is made, the Court shall determine the support obligations of the parent and may make an order with respect to the support of the child or youth that it is authorized to make under the Family Law Act.

68( 7) If a child or youth is a child or youth under the Minister’s care under a custody order, the Minister shall

(a) after considering the views and preferences of the child or youth and their parent, provide care for the child or youth that will meet their physical, emotional, religious, educational, social, cultural and recreational needs, and

(b) provide support for the child or youth to the extent that the parent cannot.

68( 8) The Minister may require a parent to contribute financially to the expenses incurred as a result of performing the duties of the Minister under subsection (7).

68( 9) The Minister shall allow the parent of a child who is the subject of a custody order reasonable communication and contact with the child or youth, subject to the conditions and frequency as determined in the sole discretion of the Minister, unless the Minister has prohibited communication and contact by the parent under section 73.

68( 10) A custody order may provide for periodic returns of the child or youth to their parent.

68( 11) After considering the views and preferences of a child or youth under the Minister’s care under a custody order and their parent, the Minister may place the child or youth in a facility, including a child and youth care resource, that the Minister considers appropriate.

68( 12) Any action taken by the Minister under this section shall not be construed as a release or waiver by the Minister of any rights and responsibilities under the order with respect to the custody, care and supervision of the child or youth.

Guardianship order

69( 1) The Court may make a guardianship order transferring from a parent to the Minister, on a permanent basis, the guardianship of a child or youth, including the custody, care and supervision of the child or youth and all other parental rights and responsibilities with respect to the child or youth.

69( 2) A guardianship order, from the date it is made,

(a) severs the tie the child or youth had with their parent by freeing the parent of all parental rights and responsibilities with respect to the child or youth, including any right to parenting time granted to a parent under the Family Law Act,

(b) frees the child or youth from all responsibilities, including the provision of support, with respect to their parent, and

(c) unless specifically preserved by the order in accordance with the express wishes of the parent, severs the right of the child or youth to inherit from their parent or immediate family.

69( 3) A guardianship order does not set aside or affect any rights the child or youth has as a result of the child or youth’s cultural heritage, including Indigenous rights.

69( 4) If a child or youth is a child or youth under the Minister’s care under a guardianship order, the Minister shall

(b) provide support for the child or youth.

69( 5) The former parent of a child or youth under the Minister’s care under a guardianship order may make a request to the Minister for permission to communicate with or contact the child or youth and the Minister may grant the request in the sole discretion of the Minister.

69( 6) After considering the views and preferences of a child or youth under the Minister’s care under a guardianship order, the Minister may place the child or youth in a facility, including a child and youth care resource, that the Minister considers appropriate.

69( 7) An application under the Family Law Act shall not be made with respect to a child or youth who is subject to a guardianship order.

69( 8) A guardianship order terminates

(a) on the transfer of guardianship, marriage, death or adoption of the child or youth,

(b) when the child or youth reaches 19 years of age, or

69( 9) Any action taken by the Minister under this section shall not be construed as a release or waiver by the Minister of any rights and responsibilities under the order with respect to the custody, care and supervision of the child or youth.

Order for transfer of guardianship

70( 1) The Court may make a transfer of guardianship order under which the Minister permanently transfers to another person the guardianship of a child or youth, including the custody, care and supervision of the child or youth and all other parental rights and responsibilities with respect to the child or youth.

70( 2) Despite subsection (1), the Court shall not make a transfer of guardianship order without the written consent of

(a) the person who wishes to become the guardian of the child or youth, in the form prescribed by regulation, and

(b) the child or youth, if the child or youth is 12 years of age or over or the Court believes that the child or youth is sufficiently mature.

70( 3) Despite paragraph (2)(b), the Court may make an order without the consent of the child or youth, if the Court is satisfied that it is in the best interests of the child or youth to do so.

70( 4) A transfer of guardianship order does not terminate or affect any rights the child or youth has as a result of the child or youth’s cultural heritage, including Indigenous rights.

70( 5) An application under the Family Law Act shall not be made with respect to a child or youth who is subject to a transfer of guardianship order.

70( 6) A transfer of guardianship order terminates

(a) on the marriage, death or adoption of the child or youth,

(b) when the child or youth reaches 19 years of age, or

70( 7) The Minister may enter into an agreement with a guardian to provide support to the guardian if, in the opinion of the Minister, support is required to provide for the basic or exceptional needs of the child or youth.

Order authorizing placement in place of secure care

71( 1) In the case of a child or youth under the Minister’s care who is 12 years of age or over, the Minister may apply to the Court for an order authorizing the Minister to place the child or youth in a place of secure care specified by the Minister.

71( 2) The Court may make an order referred to in subsection (1) for a period of up to six months if the Court is satisfied that the child or youth

(a) is likely to self-harm or to harm another person, or

(b) has been a victim of sexual exploitation or human trafficking.

71( 3) The Court may authorize the Minister to keep the child or youth in a place of secure care for additional periods of up to six months each.

71( 4) A child or youth shall not remain in a place of secure care if the child or youth is no longer a child or youth under the Minister’s care.

Order with respect to a neglected adult

72 If a child or youth under the Minister’s care has or will become a neglected adult within the meaning of the Family Services Act, in the opinion of the Minister, the Court may make an order with respect to that person.

Division G

Child or youth under the Minister’s care

Communication and contact

73( 1) If the Minister considers that it is in the best interests of a child or youth under the Minister’s care, the Minister may prohibit, in writing, any person from visiting, writing to, telephoning or otherwise communicating with or contacting the child or youth or a parent, foster parent, kinship caregiver or care provider of the child or youth or an operator or a staff member.

73( 2) A person who knowingly violates a prohibition under this section or otherwise interferes with a child or youth under the Minister’s care without the consent of the Minister commits an offence.

Plan to transition out of care

74( 1) When a child or youth under the Minister’s care under a guardianship order or a guardianship agreement reaches 16 years of age, the Minister shall work with the youth to establish a plan to transition out of the care of the Minister.

74( 2) The Minister shall consider the use of collaborative approaches when establishing a plan referred to in subsection (1) and the plan shall be reviewed with the youth regularly.

Minister as legal representative and trustee

75( 1) In this section, “Public Trustee” means Public Trustee as defined in the Public Trustee Act.

75( 2) The Minister shall act as the legal representative of a child or youth for whom the Minister is the guardian under this Act and may act as the legal representative of any other child or youth under the Minister’s care.

75( 3) The Minister shall act as trustee for a child or youth under the Minister’s care and shall manage or control any money or property received on behalf of the child or youth under the Minister’s care in accordance with the regulations.

75( 4) The Minister may delegate the duties of the Minister with respect to a child or youth under the Minister’s care to the Public Trustee.

75( 5) If the Public Trustee is acting in accordance with a delegation under subsection (4), the Public Trustee has the powers and duties of a trustee under the Trustees Act subject to the provisions of the Public Trustee Act.

Division H

Investigations of child and youth care resources and social service agencies

Investigation of child and youth care resource

76( 1) The Minister may conduct an investigation of a child and youth care resource if the Minister has reason to believe that the resource may be

(a) operating without the Minister’s approval or designation,

(b) operating in violation of this Act or the regulations or the standards established by the Minister, or

(c) providing a social service that is of inadequate quality or dangerous, destructive or damaging to a recipient of the social service.

76( 2) During an investigation, the Minister may

(a) at any reasonable hour, enter the child and youth care resource,

(b) examine any record or document of the child and youth care resource, and

76( 3) At any time during an investigation, the Minister may apply to the Court for a warrant or an order to enable the Minister to obtain assistance from peace officers or to otherwise exercise the Minister’s investigative powers under this Act.

76( 4) An application under subsection (3) may be made in person or by fax or email.

76( 5) A person who obstructs or interferes with the Minister who is conducting or attempting to conduct an investigation under this section commits an offence.

76( 6) After an investigation has been conducted, if the Minister is of the opinion that the resource is operating in a manner referred to in paragraph (1)(a) or (b) or providing a social service in the manner referred to in paragraph (1)(c), the Minister may order the operator in writing to do any of the following:

(a) take any corrective action recommended by the Minister;

(b) suspend the provision of the social service or the operation of the child and youth care resource until the corrective action is complied with;

(d) remove the recipients from the child and youth care resource under conditions established by the Minister.

76( 7) The Minister shall serve an order under subsection (6) by personal service on the operator.

76( 8) The Minister may, without notice and without compensation to the operator of a child and youth care resource, terminate any contract entered into with the operator, revoke an approval or designation and cancel services provided or to be provided if an operator

(a) commits an offence under subsection (5), or

(b) fails or refuses to comply with an order issued under subsection (6).

76( 9) If the Minister terminates a contract or revokes an approval or designation under subsection (8), the Minister is entitled to compensation from the child and youth care resource in an amount equal to the value of any support provided to the resource during the year before the offence is committed under subsection (5) or the order is issued under subsection (6).

76( 10) If default has been made in payment of the amount referred to in subsection (9), the amount is a debt due to the Crown in right of the Province and the Minister may issue a certificate stating the name of the person in default and the amount due and payable, including interest, if any.

76( 11) A certificate issued under subsection (10) may be filed in the Court and, when so filed, shall be entered and recorded in the Court and, when entered and recorded, becomes a judgment of the Court and may be enforced as a judgment obtained in the Court against the person named in the certificate for a debt of the amount stated in the certificate.

76( 12) All reasonable costs and charges respecting the filing, entering and recording of a certificate under subsection (11) shall be recovered in the same manner as if the amount had been included in the certificate.

Court order on conviction of operator

77( 1) If an operator is convicted of an offence under this Division, in addition to a penalty imposed with respect to the offence, the Court may make an order on the recommendation of the Minister directing the operator to

(a) allow an investigation,

(b) terminate provision of a social service or the operation of the child and youth care resource,

(d) remove the recipients from the child and youth care resource in accordance with the order.

77( 2) An operator who fails to comply with an order made under subsection (1) is liable for contempt.

Investigation of social service agency

78( 1) The Minister may conduct an investigation of a social service agency if the Minister has reason to believe that the agency may be

(a) operating without the Minister’s approval,

(b) operating in violation of this Act or the regulations or the standards established by the Minister, or

(c) providing a social service that is of inadequate quality or dangerous, destructive or damaging to a recipient of the social service.

78( 2) During an investigation, the Minister may

(a) at any reasonable hour, enter the premises occupied by the social service agency or the premises at which records or documents with respect to social services are kept,

(b) examine any record or document of the social service agency, and

78( 3) At any time during an investigation, the Minister may apply to the Court for a warrant or an order to enable the Minister to obtain assistance from peace officers or to otherwise exercise the Minister’s investigative powers under this Act.

78( 4) An application under subsection (3) may be made in person or by fax or email.

78( 5) A person who obstructs or interferes with the Minister who is conducting or attempting to conduct an investigation under this section commits an offence.

78( 6) After an investigation has been conducted, if the Minister is of the opinion that the agency is operating in a manner referred to in paragraph (1)(a) or (b) or providing a social service in the manner referred to in paragraph (1)(c), the Minister may order the owner or person in charge of the social service agency in writing to do any of the following:

(a) take any corrective action recommended by the Minister;

(b) suspend the provision of the social service or the operation of the social service agency until the corrective action is complied with; or

78( 7) The Minister shall serve an order under subsection (6) by personal service on the owner or person in charge of the social service agency.

78( 8) The Minister may, without notice and without compensation to the social service agency, terminate any contract entered into with the agency, revoke an approval and cancel services provided or to be provided if an owner or person in charge of the agency

(a) commits an offence under subsection (5), or

(b) fails or refuses to comply with an order issued under subsection (6).

78( 9) If the Minister terminates a contract or revokes an approval under subsection (8), the Minister is entitled to compensation from the social service agency in an amount equal to the value of any support provided to the agency during the year before the offence is committed under subsection (5) or the order is issued under subsection (6).

78( 10) If default has been made in payment of the amount referred to in subsection (9), the amount is a debt due to the Crown in right of the Province and the Minister may issue a certificate stating the name of the person in default and the amount due and payable, including interest, if any.

78( 11) A certificate issued under subsection (10) may be filed in the Court and, when so filed, shall be entered and recorded in the Court and, when entered and recorded, becomes a judgment of the Court and may be enforced as a judgment obtained in the Court against the person named in the certificate for a debt of the amount stated in the certificate.

78( 12) All reasonable costs and charges respecting the filing, entering and recording of a certificate under subsection (11) shall be recovered in the same manner as if the amount had been included in the certificate.

PART 6

ADOPTION

Services provided under Part 6

79 Adoption services under this Part, with the exception of orders, shall be provided by a social worker, unless otherwise prescribed by regulation.

Adoption to be made only under this Part

80 No adoption shall be made except in accordance with this Part or the Intercountry Adoption Act.

Birth parent services

81 In placing a child or youth for adoption, the Minister or the parent shall consider the best interests of the child or youth above all other considerations and birth parent services may be provided to a parent to assist the parent in making that determination.

Application to the Minister

82( 1) A person who is 19 years of age or over may apply to the Minister or to a social service agency to adopt a child, a youth or an adult by providing the information prescribed by regulation.

82( 2) An application under subsection (1) does not need to be made with respect to a specific child or youth.

82( 3) After receiving an application, the Minister or the social service agency shall determine whether the applicant may be considered as a prospective adoptive parent based on the criteria prescribed by regulation and shall inform the applicant accordingly.

82( 4) The Minister may give preference to the foster parent or care provider of a child or youth when making a decision with respect to the adoption of the child or youth.

82( 5) The Minister may permit a parent of a child or youth to participate in the selection of the adoptive parents.

Disclosure of information

83( 1) A person with access to records or documents relating to adoptions who discloses information about a prospective adoptive parent, including the identities of references and their comments, otherwise than in compliance with this Part commits an offence.

83( 2) The Minister may provide information about the prospective adoptive parent, with their consent, that the Minister considers appropriate in the circumstances to

(a) a parent who has expressed to the Minister their wishes to participate in the adoption of their child, or

(b) a social service agency.

Placement for adoption

84( 1) The Minister may place a child or youth for the purpose of adoption with a prospective adoptive parent if

(a) the child or youth is a child or youth under the Minister’s care under a guardianship agreement or a guardianship order, or

(b) the child or youth is in the guardianship of the Minister under an agreement entered into under subsection 140(2) and the representative of the Crown in right of another province or a territory, representative of any other government or other person or agency has consented to the adoption.

84( 2) The Minister shall provide notice of a proposed adoption with respect to a child or youth to each person who holds parental rights and responsibilities with respect to the child or youth, unless the Court determines that the person cannot be located or that it is not in the best interests of the child or youth.

84( 3) A person, other than the Minister or the parent of a child or youth, commits an offence if the person

(a) places with another person within the Province a child or youth for the purpose of adoption, or

(b) places with another person outside the Province a child or youth, who is a resident of the Province, for the purpose of adoption.

84( 4) If an application to adopt a child or youth is made to the Court within five years after a placement occurs that is alleged to be in violation of this Act, the person placing the child or youth shall be presumed to have placed the child or youth for the purpose of adoption.

84( 5) A proceeding with respect to an offence under this section may be commenced at any time within six years after the alleged violation.

Placement agreement

85( 1) If the Minister places a child or youth for the purpose of adoption in accordance with section 84, the Minister may enter into an agreement, in writing, with a person to transfer all or part of the custody, care and supervision of the child or youth under the Minister’s care to that person as a prospective adoptive parent.

85( 2) In an agreement referred to in subsection (1), the Minister may transfer any of the rights and responsibilities with respect to custody, care and supervision of the child or youth that have been transferred to the Minister by a guardianship agreement or imposed on the Minister by court order under this or any other Act, as the Minister considers appropriate.

85( 3) A prospective adoptive parent shall not transfer to any other person a right or responsibility transferred to the prospective adoptive parent under an agreement referred to in subsection (1).

Agreement for social services

86( 1) The Minister may enter into an agreement with a prospective adoptive parent to provide social services, including support, if social services are required due to the special service needs or special placement needs of the child or youth, in the opinion of the Minister.

86( 2) The parties shall enter into an agreement under this section before an adoption order is made.

Notice of private placement of child or youth required

87( 1) A person who places a child or youth for the purpose of adoption with a person, other than a member of the child or youth’s immediate family, commits an offence unless, at least 60 days before the placement, the person provides written notice to the Minister stating

(a) the child or youth’s name and birth date, the name and address of the child or youth’s parents and the prospective adoptive parent and the address where the child or youth resides, or

(b) in the case of an unborn child, the name and address of the child or youth’s mother, the expected birth date of the child and the name and address of the prospective adoptive parent.

87( 2) A person who takes a child or youth into their home for the purpose of adoption, other than a member of the child or youth’s immediate family, commits an offence unless, at least 60 days before receiving the child or youth into their home, the person provides written notice to the Minister stating

(a) the child or youth’s name and birth date, the name and address of the child or youth’s parents and the prospective adoptive parent and the address where the child or youth resides, or

(b) in the case of an unborn child, the name and address of the child’s mother, the expected birth date of the child and the name and address of the prospective adoptive parent.

87( 3) A proceeding with respect to an offence under this section may be commenced at any time within six years after the alleged violation.

Assessment of adoption placement by Minister

88( 1) On receiving a notice referred to in section 87, the Minister shall determine whether an adoption assessment report of the prospective adoptive parent, dated within the previous 12 months, has been completed.

88( 2) If an adoption assessment report has not been completed, the Minister shall conduct an assessment of the adoption placement and prepare the report or may contract with a social service agency to conduct the assessment and prepare the report.

88( 3) After the adoption assessment report is completed and reviewed, the Minister shall notify the prospective adoptive parent whether, in the Minister’s opinion, the placement is appropriate and may advise the prospective adoptive parent of the basis for the opinion.

88( 4) If a child or youth is placed in the prospective adoptive parent’s home before an adoption assessment report is completed, the Minister shall conduct a risk assessment without delay.

Notice to adoption authority outside the Province

89 If the Minister receives a notice under section 87 and the residential address of the prospective adoptive parent is outside the Province but in Canada, the Minister shall notify the adoption authority in the jurisdiction of the prospective adoptive parent and shall recommend that a risk assessment of the adoption placement be conducted, if an assessment of the adoption placement has not yet been conducted.

Application for adoption order

90( 1) A prospective adoptive parent may apply to the Court for an adoption order in the form prescribed by regulation effecting the adoption of a specific child or youth by that person.

90( 2) If a child or youth has been placed for adoption by the Minister, the Minister may apply to the Court for an adoption order effecting the adoption of the child or youth by the prospective adoptive parent with whom the child or youth was placed.

90( 3) If the Court has granted a person parenting time under the Family Law Act with respect to a child or youth who is the subject of an application under subsection (1), the prospective adoptive parent shall serve a notice of application on that person.

90( 4) An application to the Court for an adoption order shall include

(a) a health and social history of the child or youth and the parents of the child or youth prepared by the Minister or a social service agency in accordance with the regulations,

(b) in the case of an Indigenous child or youth who is adopted outside of their family, culture or community, a cultural connection plan that is developed in collaboration with the Indigenous child or youth’s community and that provides information and guidance on how to preserve the cultural identity of the child or youth, in the circumstances prescribed by regulation, and

(c) the information referred to in subsection 82(1) and the adoption assessment report and risk assessment, if any, referred to in section 88.

90( 5) Subsection (4) does not apply to adult adoptions or to adoptions within an immediate family.

90( 6) The Court shall not make an adoption order under this Act unless the Minister or the social service agency determines that the applicant is a prospective adoptive parent under subsection 82(3), in which case the Court shall examine the documents and information referred to in subsection (4), if applicable.

90( 7) An adoption order shall not be made on the application of a person who is a spouse without the other spouse joining in the application, unless the person is adopting the child or youth of their spouse.

90( 8) In the case of an application to adopt an adult, an adoption order shall not be made unless, in the opinion of the Court,

(a) the prospective adoptive parent is older than the person to be adopted by a reasonable number of years, and

(b) the reason for the adoption is acceptable.

90( 9) If a person applies to adopt an adult, the Court shall take into consideration whether the custody, care and support of the adult to be adopted has been provided for a reasonable period of time by the prospective adoptive parent during the period of time during which the adult was under 19 years of age.

Adoption consent

91( 1) No adoption order shall be made without the written consent of

(a) the person to be adopted, if the person is 12 years of age or over, and

(b) the parent of the child or youth to be adopted, or the Minister if the guardianship of the child or youth has been transferred to the Minister by a guardianship agreement or guardianship order.

91( 2) Despite subsection (1), if a child or youth to be adopted is a ward of, in the custody of or in the guardianship of a representative of the Crown in right of another province or a territory, a representative of any other government or any other person or agency having authority to consent to the adoption of the child or youth in any other jurisdiction, the written consent of the representative, person or agency is required before an adoption order is made, and the consent of the parent is not required if the consent would not have been required if the child or youth were to be adopted in that jurisdiction.

91( 3) In the case of a child to be adopted who is under 12 years of age, the Court shall identify and take into consideration the views and preferences of the child if the Court considers it to be appropriate in the circumstances.

91( 4) A parent who is under 19 years of age may consent to the adoption of their child.

91( 5) A parent shall not consent to the adoption of their child if the child is less than four days old.

91( 6) A consent to an adoption shall be in the form prescribed by regulation, witnessed and accompanied by an affidavit of witness in the form prescribed by regulation.

91( 7) Despite subsection (6), an adoption consent and an affidavit of witness are sufficient if they are executed in a form that is valid in the jurisdiction in which they were executed, and a defect in form in the affidavit does not invalidate an adoption consent.

Revocation of consent

92( 1) A person who consents to an adoption under section 91 may revoke the consent at any time before an adoption order is made.

92( 2) If the Minister has placed a child or youth for adoption, a parent whose consent to the adoption is required may not revoke the consent.

92( 3) If a parent has placed a child or youth for adoption, a parent whose consent for adoption is required may revoke their consent by written notice to the Minister within 30 days after providing consent.

92( 4) Despite subsection (3), if the Minister concludes that the placement is inappropriate based on an adoption assessment report, the Minister shall provide notice to a parent whose consent for adoption is required and that parent may revoke their consent by written notice to the Minister within seven days after receiving the notice.

92( 5) If a parent whose consent for adoption is required revokes their consent under subsection (3) or (4), the prospective adoptive parent shall return the child or youth to the custody, care and supervision of the parent within two days after receiving written notice from the Minister.

92( 6) If a prospective adoptive parent violates or fails to comply with subsection (5), the prospective adoptive parent commits an offence and the Minister shall remove the child or youth from the placement.

92( 7) If an offence under subsection (6) continues for more than one day

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

Waiver of consent

93( 1) The Court may waive the consent of any person, including the consent of the person to be adopted, if the person is incapable of understanding or providing consent.

93( 2) On application, either without notice or on the notice determined by the Court, the Court may waive a consent required by this Part, other than a consent of the person to be adopted, and make an adoption order if the Court is satisfied that the person whose consent is to be waived

(a) has abandoned or deserted the child or youth,

(b) cannot be found after all reasonable attempts have been made,

(c) has been incapable of caring for the child or youth for a period of time of sufficient duration to be detrimental to the best interests of the child or youth and remains incapable at the time consent is to be waived,

(d) while responsible for providing care, supervision and financial support to the child or youth, has persistently neglected or refused to do so, or

(e) has not had an ongoing parental relationship with the child or youth.

93( 3) If the consent of the person to be adopted is not required or is waived, the Court shall consider the wishes of the person if the Court considers it to be appropriate in the circumstances.

Procedure on adoption application

94( 1) Subject to subsections (4), (5), (6) and (7), the Court shall set a date, time and location for the hearing of an application to adopt, which shall be within 15 business days after the application was filed with the Court.

94( 2) The Minister shall provide notice of the proposed adoption to each person who has rights and responsibilities with respect to a child or youth unless the person has signed a guardianship agreement or the child or youth is the subject of a guardianship order.

94( 3) The Court may dispense with notice under subsection (2) if the person who has rights and responsibilities with respect to the child cannot be located or if it is in the best interests of the child or youth.

94( 4) If there is an application to the Court for a waiver of consent under section 93 and the Court directs that a notice be provided to the person whose consent is required, the Court shall delay the hearing in order to permit the person to appear.

94( 5) If a person other than the Minister applies for an adoption order, the application shall only be heard when the Court is satisfied that the person has provided notice to the Minister of the application and it has been at least 30 days since the Minister received notice of the application.

94( 6) The applicant shall provide the Minister notice of the date, time and location of the hearing at least ten business days before the date of the hearing.

94( 7) If the Minister consents in writing to the hearing without the notice required by subsections (5) and (6), the Court may hear the application without delay.

94( 8) Subsections (5), (6) and (7) do not apply with respect to the adoption by a person of the child or youth of their spouse.

94( 9) A notice provided under this section shall be in the form prescribed by regulation.

Notice under this Part

95 Despite the Rules of Court, the Court may

(a) direct that statements and evidence that may be detrimental to the well-being of the child or youth or the interests of the applicant be omitted from a notice provided under this Part, and

(b) direct that the names of the child or youth and of the adoptive parent be omitted from a notice provided under this Part, if substituted service of the notice is to be effected by public advertisement.

Evidence and witnesses

96( 1) The Court may require any person whom it considers likely to be able to provide material evidence on an application, including the Minister, to attend and provide evidence and the attendance of that person may be enforced in the same manner as in other civil cases before the Court.

96( 2) If the Minister has applied for an adoption order, the Minister, the prospective adoptive parent and any person who has received notice of the hearing may appear at the hearing and be heard in person or by counsel.

96( 3) The Minister shall provide the Court with a copy of any adoption assessment report relating to the adoption placement.

96( 4) If a person other than the Minister applies for an adoption order, the Court may require that the Minister conduct an assessment of the adoption placement and provide a report to the Court.

96( 5) The Minister may attend any hearing of an adoption application brought by any person and may provide evidence concerning any matter before the Court.

96( 6) Subsections (4) and (5) do not apply with respect to the adoption by a person of the child or youth of their spouse.

Time for disposition of application

97( 1) The Court shall dispose of an application under this Part within 30 days after it is heard unless the Court is satisfied that exceptional circumstances exist, in which case the Court may order an extension and shall state in the order the circumstances giving rise to the extension.

97( 2) The Court may order the extension of a period of time with respect to a hearing under this Part or order the adjournment of a hearing under this Part.

97( 3) A failure to comply with subsection (1) does not deprive the Court of jurisdiction.

Disposition of application

98( 1) After the hearing of an application, if the Court determines that an adoption order should not be made, the Court may make an order

(a) with respect to the custody of the child or youth that it considers appropriate in the circumstances, or

(b) directing that the Minister provide protective care interventions under section 44 and proceed under Part 5.

98( 2) If a child or youth has been placed for adoption by the Minister and either the Minister or the prospective adoptive parent does not apply for an adoption order or withdraws an application that has been made, the Minister may

(a) remove the child or youth from the care of the prospective adoptive parent, and

(b) revoke the person’s designation as a prospective adoptive parent.

98( 3) A child or youth referred to in subsection (2) shall no longer be considered a child or youth placed for adoption.

Adoption order

99( 1) The Court may make an adoption order if

(a) the requirements of this Part have been complied with,

(b) the Court is satisfied

( i) that the matters stated in the application are true, and

( ii) that the adoption should occur, and

( i) the prospective adoptive parent is able to provide adequate care, supervision and financial support to the child or youth, and

( ii) the adoption will provide the child or youth with security, a permanent family relationship and continuity of care.

99( 2) An adoption order shall only be made if

(a) it has been at least 30 days since the child or youth was placed for adoption, if the applicant is the Minister,

(b) it has been at least 30 days since the application was heard or the child or youth has resided continuously with the applicant for the previous six months, if the applicant is seeking to adopt the child or youth of their spouse, or

(c) the child or youth has resided continuously with the applicant for the previous six months, if the applicant is a person other than a person referred to in paragraph (a) or (b).

99( 3) An adoption order shall be in the form prescribed by regulation and shall bear the seal of the Court.

99( 4) If the Minister places a child or youth for adoption with two prospective adoptive parents, one of whom dies before an adoption order is made, the Court may make an order with respect to the child or youth in favour of both prospective adoptive parents on the request of the surviving adoptive parent.

99( 5) In the circumstances referred to in subsection (4), the order shall be dated one day before the death of the prospective adoptive parent.

99( 6) The Registrar of the Court shall send to the adoptive parent and to the Minister a certified copy of the adoption order.

99( 7) An adoption order severs any right to parenting time granted to a former parent under the Family Law Act.

Change in registration of birth

100 Within ten days after the making of an adoption order, the Registrar of the Court shall file with the Registrar General of Vital Statistics a certified copy of the order and, on the request of the Registrar General of Vital Statistics, shall supply any additional information that is necessary to allow the registration of birth to be accurately changed.

Effects of adoption order

101( 1) From the date it is made, an adoption order

(a) gives the adopted child or youth status as a child or youth of the adoptive parent and the adoptive parent status as the parent of the adopted child or youth as if the child or youth had been born to the adoptive parent, including for the purpose of inheritance,

(b) gives the adopted child or youth the surname of the adoptive parent unless the Court orders otherwise, and

(c) changes the given names of the child or youth to those set out in the order, as requested by the adoptive parent, if applicable.

101( 2) With the exception of a person who adopts the child or youth of their spouse, an adoption order, from the date it is made,

(b) frees the child or youth from all responsibilities, including the provision of support, with respect to their parent, and

(c) unless specifically preserved by the order in accordance with the express wishes of the parent, severs the right of the child or youth to inherit from their parent or immediate family.

101( 3) An adoption order does not terminate or affect any rights the child or youth has as a result of the child or youth’s cultural heritage, including Indigenous rights.

101( 4) If an adoptive parent requests that the adoption order change the given names of the child or youth, the request shall only be granted if the Court is satisfied that the change is being made with the consent of the child or youth, if that consent is possible and appropriate in the circumstances.

101( 5) If a person adopts the child or youth of their spouse, the surname and given names of the child or youth do not change if the spouse does not consent to the change.

Effect of subsequent adoption order

102 If an adoption order is made in respect of a person who was previously adopted, all the legal consequences of any former adoption order terminate on the making of the subsequent adoption order.

Domicile or residence requirements

103( 1) The Court may hear an application and may make an adoption order if, at the time the adoption order is made,

(a) the person to be adopted is domiciled or resident in the Province,

(b) the parent of the person to be adopted is domiciled or resident in the Province, if the person to be adopted is under 19 years of age, or

103( 2) For the purposes of subsection (1), a child or youth under the Minister’s care shall be deemed to be domiciled in the Province.

Recognition of order of another jurisdiction

104 An adoption granted according to the law of any other jurisdiction that is substantially similar in effect to an adoption granted under this Part shall be recognized in the Province and shall have the same effect as an order made under this Part.

Appeal

105( 1) A person may appeal an adoption order or a refusal to make an adoption order to The Court of Appeal of New Brunswick within 30 days after the disposition of the application to adopt.

105( 2) For the purposes of subsection (1), the following persons may file an appeal:

(a) the person adopted or to have been adopted;

(b) the adoptive parent or prospective adoptive parent;

(d) the Minister.

105( 3) On appeal, the appeal court may

(a) affirm the order with or without modification,

(b) set aside the order,

(d) give a judgment or make an order that should have been given or made by the Court.

Setting aside of adoption order

106( 1) If there has been substantial compliance with the requirements of this Part, no adoption order shall be set aside on appeal or otherwise by reason only of a defect or irregularity in complying with those requirements unless there has been a substantial miscarriage of justice.

106( 2) Except on appeal, an adoption order shall not be set aside unless the order was procured by fraud and it is in the best interests of the child or youth to set aside the order.

Openness agreement

107( 1) In order to facilitate communication or to maintain personal relationships after an adoption order is granted, before the adoption order is granted, a prospective adoptive parent of a child or youth may make an openness agreement in writing with

(a) a relative of the child or youth,

(b) another person who has established a significant relationship with the child or youth, or

107( 2) An openness agreement may be made only after consent to the adoption is provided by the birth parent or other guardian having custody of the child or youth who placed or requested that the child or youth be placed for adoption.

107( 3) An openness agreement may include a process to resolve disputes that arise with respect to the agreement or matters associated with it.

107( 4) The Minister may assist the parties to negotiate an initial openness agreement, but after the agreement is signed, the parties shall resolve any disputes that arise with respect to the agreement or matters associated with it without the assistance of the Minister.

107( 5) If a child or youth is 12 years of age or over, the child or youth’s consent to an openness agreement is required before the agreement is made or amended, if the child or youth is capable of providing consent.

107( 6) If an openness agreement is made or amended, an adoptive parent or prospective adoptive parent shall provide a copy to the Minister.

Payment or reward prohibited

108( 1) Whether before or after the birth of a child, a person commits an offence if the person makes, gives or receives or agrees to make, give or receive a payment or reward, whether directly or indirectly, in consideration of or in relation to

(a) the adoption or proposed adoption of the child or youth,

(b) the providing or signing of a consent to the adoption of the child or youth,

(d) the conduct of negotiations or the making of arrangements with a view to the adoption of the child or youth.

108( 2) A proceeding with respect to an offence under this section may be commenced at any time within six years after the alleged violation.

108( 3) If the Minister has reasonable grounds to suspect that any person has violated subsection (1), the Minister may, in addition to any action the Minister may take with respect to prosecution, require any professional society, association or other organization authorized under the laws of the Province to regulate the professional activities of the person to cause an investigation to be made into the matter.

108( 4) Despite subsection (1), a social service agency may charge the fees set out in its contract with the Minister for providing services to assist the Minister to perform the Minister’s duties under this Part.

PART 7

CONFIDENTIALITY WITH RESPECT TO ADOPTIONS

Definitions

109 The following definitions apply in this Part.

“adopted person” includes a person who belongs to the class of persons referred to in paragraph 23( b) of the Vital Statistics Act. (personne adoptée)

“adoption” includes the placing for adoption of persons who belong to the class of persons referred to in paragraph 23( b) of the Vital Statistics Act. (adoption)

“contact preference” means a document that sets out the preferences of the person who provides it regarding contact with another person. (acceptation limitée de prise de contact)

“disclosure veto” means a document that prohibits the disclosure of identifying information about the person who provides it. (refus de communication)

“identifying information” means information that reveals the identity of a person. (renseignement identificatoire)

“non-identifying information” means information that does not reveal the identity of a person, including year of birth, ethnic origin, physical description, education level, religion and health history. (renseignement non identificatoire)

“undertaking” means a document that is signed by a person and that states that the person agrees to abide by the terms of a contact preference. (engagement)

Confidential records and documents

110( 1) Subject to this Part, all records and documents relating to the adoption of a person on file with the Court and with the Registrar General of Vital Statistics are confidential.

110( 2) All records and documents relating to the adoption of a person on file with the Court shall be made available to the Minister, who shall have the right to make copies of the records and documents as the Minister considers appropriate.

110( 3) All records and documents relating to the adoption of a person held by a religious organization, medical facility or social service agency shall be provided to the Minister on the Minister’s request.

110( 4) Subject to this Part, all records and documents in the possession of the Minister relating to the adoption of a person are confidential.

110( 5) The Minister may provide a copy of an openness agreement relating to the adoption of a person to a party to the agreement and to the adopted person.

Post-adoption register

111 The Minister shall establish a post-adoption register for the purposes of this Part and shall appoint an employee of the Department of Social Development as Registrar to administer the register.

Disclosure of non-identifying information

112( 1) A person may apply to the Minister for the disclosure of non-identifying information relating to an adoption.

112( 2) The Minister may disclose non-identifying information to the following persons:

(a) an adopted person who is 19 years of age or over;

(b) an adopted person who is under 19 years of age with the consent of an adoptive parent;

(d) a birth parent; or

(e) any other person who has, in the opinion of the Minister, an interest in the matter and a reason acceptable to the Minister.

112( 3) Despite paragraph (2)(b), the Minister may disclose non-identifying information to an adopted person who is under 19 years of age without the consent of an adoptive parent if the Minister is satisfied that special circumstances justify the disclosure of the information.

Disclosure of identifying information

113( 1) A person may apply to the Minister for the disclosure of identifying information relating to an adoption.

113( 2) The Minister may disclose identifying information to the following persons:

(a) an adopted person who is 19 years of age or over;

(b) an adopted person who is under 19 years of age with the consent of an adoptive parent;

(d) a birth parent; or

(e) any other person who has, in the opinion of the Minister, an interest in the matter and a reason acceptable to the Minister.

113( 3) Despite paragraph (2)(b), the Minister may disclose identifying information to an adopted person who is under 19 years of age without the consent of an adoptive parent if the Minister is satisfied that special circumstances justify the disclosure of the information.

113( 4) Despite any other provision in this Part, the Minister may disclose identifying information to the persons referred to in subsections (2) and (3) in the following circumstances:

(a) it is necessary to avoid a situation in which a person, having obtained identifying information from another source, contacts a birth parent or an adopted person without the prior preparation of the person to be contacted;

(b) it is necessary to settle an estate;

(d) the Minister is satisfied that special circumstances justify the disclosure of the information.

113( 5) Despite any other provision in this Part except subsection (6), the Minister may disclose identifying information to the persons referred to in subsections (2) and (3) if the Minister is satisfied that all persons who will be directly affected by the disclosure of information have consented to its disclosure and that there is no compelling reason in the public interest to refuse the application.

113( 6) Despite subsections 115(3) and (4) and subsection 116(4), the Minister shall not disclose identifying information about an adopted person or a birth parent if the Minister or the birth parent placed more than one child of the birth parent for adoption with the same adoptive parents and one or more of the children are under 19 years of age.

113( 7) If the Minister discloses identifying information to an applicant under this section, the Minister shall also provide a copy of a contact preference, if any.

113( 8) If a copy of a contact preference is provided under subsection (7), the applicant shall sign an undertaking under subsection 119(7).

Past adoptions – disclosure veto

114( 1) This section applies with respect to adoptions effected before April 1, 2018.

114( 2) The following persons may provide a disclosure veto to the Minister on a form provided by the Minister:

(a) an adopted person who is 18 years of age or over; and

(b) a birth parent.

114( 3) A disclosure veto referred to in subsection (2) may include the following information:

(a) an explanation for the person’s preferences regarding disclosure;

(b) a summary of any available information about the medical and social history of the person and their family; and

114( 4) On receiving a disclosure veto that meets the requirements of this Part, the Minister shall file the disclosure veto in the post-adoption register.

114( 5) A disclosure veto shall not be effective and shall not be filed by the Minister in the post-adoption register if it would conflict with the terms of an openness agreement.

114( 6) A person who provides a disclosure veto may modify or cancel the disclosure veto by notifying the Minister on a form provided by the Minister.

114( 7) A person who provides a disclosure veto or who modifies or cancels a disclosure veto shall provide proof of their identity that is satisfactory to the Minister.

114( 8) A disclosure veto shall be cancelled by the Minister one year after the death of the person who provided the disclosure veto if the Minister is provided with proof that is satisfactory to the Minister of the death of the person.

Past adoptions – disclosure of identifying information

115( 1) This section applies with respect to adoptions effected before April 1, 2018.

115( 2) An adopted person who is 19 years of age or over or a birth parent may apply to the Minister for the disclosure of identifying information about the other person.

115( 3) A person who applies to the Minister for the disclosure of identifying information shall provide proof of their identity that is satisfactory to the Minister.

115( 4) The Minister may disclose identifying information about an adopted person if the adopted person

(a) is 19 years of age or over, and

(b) the adopted person has not provided a disclosure veto to the Minister.

115( 5) The Minister may disclose identifying information about a birth parent if the birth parent has not provided a disclosure veto to the Minister.

115( 6) If the Minister discloses identifying information to an applicant under this section, the Minister shall also provide a copy of a contact preference, if any.

115( 7) If a copy of a contact preference is provided under subsection (6), the applicant shall sign an undertaking under subsection 119(7).

Future adoptions – disclosure of identifying information

116( 1) In the case of an adoption effected on or after April 1, 2018, if the adopted person is not a child or youth placed by the Minister under section 84 or an adult, the birth parents shall complete a form provided by the Minister acknowledging that when the adopted person is 19 years of age, identifying information about the adopted person and the birth parents may be disclosed in accordance with this section.

116( 2) In the case of an adoption effected on or after April 1, 2018, an adopted person who is 19 years of age or over or a birth parent may apply to the Minister for the disclosure of identifying information about the other person.

116( 3) A person who applies to the Minister for the disclosure of identifying information shall provide proof of their identity that is satisfactory to the Minister.

116( 4) The Minister shall disclose identifying information about an adopted person or a birth parent unless

(a) there is a court order that prohibits contact between the adopted person and the birth parent, or

(b) there is a compelling reason in the public interest to refuse the application, as determined by the Minister.

116( 5) The Minister shall only disclose identifying information about an adopted person if the adopted person is 19 years of age or over.

116( 6) If the Minister discloses identifying information to an applicant under this section, the Minister shall also provide a copy of a contact preference, if any.

116( 7) If a copy of a contact preference is provided under subsection (6), the applicant shall sign an undertaking under subsection 119(7).

Contact by the Minister

117 If an application is made to the Minister under this Part, the Minister may make contact with any person on a confidential basis to

(a) attempt to obtain information relating to the application, or

(b) arrange contact between the applicant and the person to be contacted.

Documents with the Registrar General

118( 1) An adopted person or a birth parent may apply to the Minister for a statement of original registration of birth referred to in the Vital Statistics Act and a copy of an adoption order, judgment or decree kept in the special register under that Act.

118( 2) The Minister may require that the Registrar General of Vital Statistics issue a statement of original registration of birth and a copy of an order, judgment or decree to an applicant under subsection (1), if the applicant meets the requirements of this Part.

Contact preference

119( 1) The following persons may provide a contact preference to the Minister on a form provided by the Minister:

(a) an adopted person who is 18 years of age or over; and

(b) a birth parent.

119( 2) A contact preference provided by a person referred to in paragraph (1)(a) shall be with regard to contact with their birth parent and a contact preference provided by a person referred to in paragraph (1)(b) shall be with regard to the adopted person.

119( 3) A contact preference may include the following information:

(a) a description of the person’s preferences regarding contact;

(b) an explanation for the person’s preferences regarding contact;

(c) a summary of any available information about the medical and social history of the person and the person’s family; and

(d) any other relevant non-identifying information.

119( 4) On receiving a contact preference that meets the requirements of this Part, the Minister shall file the contact preference in the post-adoption register.

119( 5) A person who provides a contact preference may modify or cancel the contact preference by notifying the Minister on a form provided by the Minister.

119( 6) A person who provides a contact preference or who modifies or cancels a contact preference shall provide proof of their identity that is satisfactory to the Minister.

119( 7) A person who is provided with a contact preference under this Part shall sign an undertaking stating that they shall not

(a) knowingly contravene any term set out in the contact preference,

(b) procure another person to contravene any term set out in the contact preference,

(d) procure another person to intimidate or harass the person who provided the contact preference, or

(e) publish any identifying information about the person who provided the contact preference.

Death of an adopted person or a birth parent

120( 1) After the death of an adopted person or a birth parent, a child of the adopted person or birth parent may apply to the Minister for the disclosure of identifying information relating to an adoption.

120( 2) The Minister may disclose identifying information under this Part to the following persons:

(a) if an adopted person is deceased, a child of the adopted person who is 19 years of age or over; and

(b) if a birth parent is deceased, a child of the birth parent who is 19 years of age or over.

Sharing of information

121( 1) The Minister may disclose non-identifying and identifying information relating to an adoption to the Registrar General of Vital Statistics for the purposes of subsection 24(5) of the Vital Statistics Act.

121( 2) The Minister may enter into an agreement with an adoption authority in another jurisdiction respecting the sharing of information.

121( 3) Under an agreement entered into under subsection (2), the Minister may disclose non-identifying and identifying information if it is necessary

(a) to enable the Minister to determine if a disclosure veto or contact preference has been filed in that jurisdiction, or

(b) to enable the adoption authority to determine if a disclosure veto or contact preference has been filed under this Part.

121( 4) An agreement entered into under subsection (2) shall provide reasonable safeguards

(a) to protect the confidentiality and security of any confidential information that the Minister discloses, and

(b) to ensure that confidential information will be used only for the purposes for which it was disclosed.

121( 5) If an adopted person who is Indigenous or the person’s adoptive parent makes a request to the Minister, the Minister may disclose non-identifying and identifying information about the adopted person or the person’s birth parents and any other information that the Minister considers relevant to the Registrar under the Indian Act (Canada) or to the appropriate federal or provincial official for the purpose of determining the adopted person’s entitlement to registration as an Indian under that Act or to benefits as an Indigenous person.

121( 6) The Minister may disclose information in accordance with this section without consent and despite a disclosure veto having been provided under this Part.

Persons with an interest

122( 1) A person who is 19 years of age or over and who has, in the opinion of the Minister, an interest in an adoption but who is not the adopted person or a birth parent may register their name and contact information in the post-adoption register and, by doing so, consents to the disclosure of that identifying information to the adopted person and the birth parents.

122( 2) The Minister may disclose identifying information about a person who registers in the post-adoption register under subsection (1) to the adopted person who is 19 years of age or over and the birth parents.

Prohibitions re disclosure and contact preferences

123( 1) A person with access to records or documents relating to adoptions who discloses information on any adoption otherwise than in compliance with this Part commits an offence.

123( 2) A person who is provided with a contact preference under this Part and who signs an undertaking commits an offence if the person

(a) knowingly contravenes any term set out in the contact preference,

(b) procures another person to contravene any term set out in the contact preference,

(d) procures another person to intimidate or harass the person who provided the contact preference, or

(e) publishes identifying information about the person who provided the contact preference.

Advertisement prohibited

124( 1) A person who publishes or causes to be published in any form or by any means an advertisement concerning the placement or adoption of a child or youth commits an offence.

124( 2) Subsection (1) does not apply to the publication of

(a) a notice under the authority of a court order,

(b) a notice or advertisement authorized by the Minister,

(d) any other form of advertisement specified in the regulations.

124( 3) A proceeding with respect to an offence under this section may be commenced at any time within six years after the alleged violation.

PART 8

PROCEEDINGS

Age of the child or youth

125( 1) If the ability of the Minister to make an application under this Act is based on the age of the child or youth, the child or youth’s age on the day an application is filed is determinative.

125( 2) In a proceeding under this Act, when the Minister or the Court takes into consideration the age of the child or youth, the Minister or the Court shall consider the age of the child or youth on the day the application was filed with respect to the proceeding.

Administrative review

126( 1) If the Minister makes a decision with respect to the social services that are prescribed by regulation, a person affected by the decision may make a request to the Minister in writing to review the decision within ten business days after receiving notice of the decision.

126( 2) A request for a review stays the decision under review.

126( 3) A person who makes a request for a review is entitled to make oral or written representations to the Minister.

126( 4) Within 30 business days after receiving a request for a review, the Minister shall review the decision and confirm, vary or set it aside and inform the person who requested the review of the result without delay.

126( 5) The Minister may delegate to the persons or classes of persons prescribed by regulation the powers and duties of the Minister under this section.

Proceeding with respect to parenting time

127 In a proceeding with respect to parenting time under the Family Law Act, the Court shall

(a) advise the Minister of the proceeding if the Minister is not a party to the proceeding, in which case the Minister may

( i) intervene in the proceeding, and

( ii) take the steps the Minister considers necessary to ensure that the views and preferences of the child or youth are properly represented, including the appointment of counsel or a responsible spokesperson, and

(b) advise the Attorney General that counsel or a responsible spokesperson should be appointed if the Minister is a party to the proceeding and the Court is of the opinion that the views and preferences of the child or youth should be represented by counsel or a responsible spokesperson.

Appointment of counsel

128( 1) In a proceeding with respect to the custody, care and supervision of a child or youth or the parental rights and responsibilities with respect to a child or youth under this Act, the Court may appoint counsel or a responsible spokesperson to ensure that the views and preferences of a child or youth are properly represented and, in making that determination, the Court shall consider

(a) whether the child or youth is able to express their views and preferences to counsel given the child or youth’s age and maturity,

(b) whether the Minister has been able to identify the child or youth’s views and preferences,

(c) whether the child or youth’s views and preferences have been given consideration in identifying the child or youth’s views and preferences,

(d) whether the views and preferences of the child or youth and those of the Minister differ,

(e) whether counsel is better able to identify the child or youth’s views and preferences, and

(f) any other factors the Court considers relevant.

128( 2) For the purposes of paragraph (1)(a), a child or youth who is nine years of age or over is presumed to have the ability to express their views and preferences to counsel unless the Court determines otherwise.

128( 3) On advising the Attorney General that counsel should be appointed to represent a child or youth, the Court shall provide reasons for the decision.

128( 4) The Court shall appoint a litigation guardian to represent a parent of a child or youth who is the subject of a proceeding under this Act, if the parent is under 19 years of age.

Role of counsel

129 Counsel representing a child or youth in a proceeding under this Act shall

(a) meet the child or youth in advance of the proceeding without the parents present,

(b) speak with the child or youth with respect to the issues and explain the available options, to the extent that it is appropriate, based on the child or youth’s age and maturity,

(c) listen to the views and preferences of the child or youth, if the child or youth is able to express them, based on the child or youth’s age and maturity,

(d) communicate to the Court the views and preferences of the child or youth on their behalf, including the extent to which and the method by which the child or youth wishes to participate in the proceedings, and

(e) make submissions to the Court based on the views and preferences of the child or youth.

Examination or evaluation required by Court

130( 1) In a proceeding under this Act that affects a child or youth, the Court may require that any of the following persons participate in a psychiatric, psychological, social, physical or other examination or evaluation specified by the Court:

(a) the child or youth;

(b) the child or youth’s parent;

(d) a person in a close relationship with the child or youth who is in a position to influence the nature of the care and supervision provided to the child or youth.

130( 2) An examination or evaluation required of a person referred to in paragraph (1)(b), (c) or (d) may include drug and alcohol testing and may be required without advance notice.

130( 3) If a person refuses or fails to participate in an examination or evaluation required by the Court or to consent to the examination or evaluation of a child or youth under their care, the Court may draw any inferences that it considers appropriate in the circumstances.

130( 4) If the Court orders an examination or evaluation, the parties to the proceeding shall pay for the cost of the examination or evaluation in equal portions, unless the Court determines otherwise.

Admissibility of evidence taken in previous proceeding

131( 1) In a proceeding under this Act, the Court may, on notice to the parties, receive evidence taken in a previous proceeding if the evidence is relevant to the matter before the Court and is informative as to the physical, psychological or social maturity of any of the following persons:

(a) the child or youth;

(b) the child or youth’s parent;

(d) a person in a close relationship with the child or youth who is in a position to influence the nature of the care and supervision provided to the child or youth.

131( 2) Cross examination with respect to evidence referred to in subsection (1) shall only be permitted with leave of the Court.

Evidence of a child or youth

132( 1) In a proceeding under this Act, the Court may receive evidence from a child or youth in person or by any other means that the Court considers appropriate, including, but not limited to,

(a) hearsay evidence from the child or youth obtained by a peace officer or a social worker in the form of a recording or a written statement, and

(b) the testimony of a responsible spokesperson on behalf of the child or youth.

132( 2) The evidence referred to in this section is admissible if it is determined to be necessary by one or more of the parties.

132( 3) The Court shall determine whether the evidence received under this section is reliable according to the child or youth’s age, maturity, credibility and ability to communicate and the weight to be given to the evidence in the circumstances.

132( 4) The Court shall not require a child or youth to appear in person if it would cause the child or youth hardship or harm.

132( 5) A child shall not appear in person if it would cause the child hardship or harm.

Evidence of any person

133( 1) In a proceeding under this Act, the Court may receive evidence, including hearsay evidence, from a person, other than a child or youth, directly or by one or more of the following means that the Court considers appropriate:

(a) the testimony of an intervenor or a therapeutic, health care or education professional providing services to the child or youth who is the subject of the proceeding;

(b) the testimony of the Minister as to the Minister’s involvement with the child or youth who is the subject of the proceeding;

(c) the testimony of an employee of a government department or agency, a regional health authority or an entity providing policing services as to the contents of documents of the government department, agency, authority or entity;

(d) an oral statement that has been videotaped; or

(e) a written statement or report or document.

133( 2) The evidence referred to in this section is admissible if it is determined to be necessary by one or more of the parties.

133( 3) The Court may receive a report completed by a medical practitioner, nurse practitioner, dentist, psychologist or social worker as evidence without proof of the signature or authority of the person signing it.

Confidential nature of proceedings

134 The Court shall determine whether a proceeding under this Act is heard, in whole or in part, in open court or in private and shall take into consideration

(a) the public interest in hearing the proceeding in open court,

(b) any potential harm or embarrassment that may be caused to a person if matters of a private nature are disclosed in open court,

(d) if counsel or a responsible spokesperson has been appointed under subsection 128(1), the representations made by them on behalf of the child or youth.

Failure to appear

135 If a parent is required to appear at a proceeding under this Act but fails to do so, the Court may grant an order in the absence of the parent, if the Court is of the opinion that it is appropriate to do so in the circumstances.

Interested persons

136( 1) An interested person may apply to the Court in the form prescribed by regulation to be a party to a proceeding under this Act.

136( 2) If an application is made under subsection (1), the parties to the proceeding may respond by providing the Court with a form prescribed by regulation and the parties shall have the opportunity to be heard by the Court.

136( 3) If the Court grants an application under subsection (1),

(a) the Minister shall provide the interested person with disclosure and the date, time and purpose of the proceeding in the form prescribed by regulation, and

(b) the Court may adjourn the proceeding to allow the interested person the opportunity to prepare.

Rules of Court

137 To the extent that they are not inconsistent with the provisions of this Act, the Rules of Court apply to proceedings commenced under this Act.

Case conferences and settlement conferences

138( 1) In a contested proceeding under this Act, the Court shall conduct at least one case conference and may conduct a settlement conference.

138( 2) Despite subsection (1), in exceptional circumstances, as determined by the Court, including situations of urgency or hardship, the Court is not required to conduct a case conference.

138( 3) The purposes of a case conference include, but are not limited to,

(a) exploring the chances of settling the case,

(b) identifying the issues that are in dispute,

(d) ensuring disclosure of the relevant evidence,

(e) noting admissions that may simplify the proceeding,

(f) setting the date and time for the next step in the proceeding,

(g) organizing a settlement conference,

(h) providing directions with respect to any intended motion, including setting a timetable for the exchange of documents for the purposes of the motion,

(i) providing directions and setting a timetable for further case conferences, a settlement conference or a hearing, and

(j) dealing with interim claims for relief.

138( 4) The procedure with respect to a case conference and a settlement conference shall be determined by the Court or, if there is a rule of court that relates to the matter, shall be in accordance with that rule.

Third party custody applications

139( 1) A person who stands in the place of a parent or intends to stand in the place of a parent may apply for a custody order with leave of the Court.

139( 2) If a third party custody application under subsection (1) is filed at least 30 days before the hearing of another proceeding under this Act involving the same child or youth, the application under subsection (1) and the other proceeding shall be heard at the same time.

139( 3) If a third party custody application under subsection (1) is filed less than 30 days before the hearing of another proceeding under this Act involving the same child or youth, the application under subsection (1) is stayed pending the final resolution of the other proceeding.

139( 4) Despite subsection (3), the Minister may waive the right to have the other proceeding heard before the third party custody application and the Court may permit the third party custody application to be heard before, or at the same time as, the other proceeding.

139( 5) The Court may order that any person who may have an interest in a proceeding commenced under this section be served with notice of the proceeding without adding the person as a party.

139( 6) The procedure with respect to a third party custody application shall be determined by the Court or, if there is a rule of court that relates to the matter, shall be in accordance with that rule.

Order of extra-provincial court for transfer of a child or youth

140( 1) If an extra-provincial court orders that all or part of the parental rights and responsibilities with respect to a child or youth who has a real and substantial connection with that jurisdiction be transferred to an agency, province, territory or state or a representative of an agency, province, territory or state, the order shall be recognized and has the same effect as an order made under this Act.

140( 2) The Minister may enter into an agreement with a representative of the Crown in right of another province or a territory, a representative of any other government or any other person or agency to accept the transfer of all or part of the parental rights and responsibilities with respect to a child or youth who is subject to an order referred to in subsection (1).

140( 3) If part of the parental rights and responsibilities with respect to a child or youth are transferred to the Minister, the child or youth shall have the same relationship to the Minister as if a custody order were made under this Act and if all the parental rights and responsibilities are transferred to the Minister, the child or youth shall have the same relationship to the Minister as if a guardianship order were made under this Act.

140( 4) On application, the Court may make an order that varies an order under subsection (1) if

(a) the Minister makes or consents to the application, and

(b) the child or youth has a real and substantial connection with the Province.

140( 5) An application under subsection (4) shall be accompanied by a copy of the order certified as a true copy by a judge, a presiding officer or registrar of the extra-provincial court or the person having custody of the orders of the extra-provincial court.

140( 6) A certificate referred to in subsection (5) may be adduced as evidence without proof of the appointment, authority or signature of the person purporting to have signed it if the certificate is, or purports to be, signed by the judge, presiding officer, registrar or other person issuing the certificate.

Failure to comply with court order

141 A person who violates or fails to comply with a court order made under this Act commits an offence.

PART 9

MISCELLANEOUS

Capacity

142 For the purposes of this Act, a person has the capacity to make a decision if the person is able to understand the information that is relevant to making the decision and able to appreciate the reasonably foreseeable consequences of the decision or lack of decision.

Presumption respecting age of child or youth

143( 1) If a person is charged with an offence under this Act involving a child or youth who is alleged in the information to be under a specified age,

(a) testimony of a parent of the child or youth as to the age of the child or youth is admissible as evidence of the age of the child or youth,

(b) an original or a copy of a birth or baptismal certificate purporting to be certified by the person in whose custody the records are held is evidence of the age of the child or youth, and

(c) an entry or record of a government department, community, person or agency that had the supervision or care of the child or youth at or about the time the child or youth came to Canada is evidence of the age of that child or youth, if the entry or record was made before the time when the offence is alleged to have been committed.

143( 2) The Court may receive as evidence any other information relating to age that the Court considers reliable if it is impracticable to obtain a certificate, copy, entry or record referred to in subsection (1).

143( 3) In a proceeding referred to in subsection (1), the Court may draw inferences as to the age of the child or youth from the child or youth’s appearance or from statements made by the child or youth in direct examination or cross-examination.

Report, certificate or other document signed by Minister of Social Development as evidence

144 Any report, certificate or other document signed by or purporting to be signed by the Minister is admissible in evidence in any court and is proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the appointment, authority or signature of the Minister.

Computation of time

145( 1) If a period of time referred to in this Act expires on a holiday, the period of time shall extend to the next day that follows that is not a holiday.

145( 2) If a period of time referred to in this Act is less than seven days, holidays shall not be counted.

Service of documents

146( 1) Unless provided otherwise in this Act or in the regulations, a notice, order or other document required to be served under this Act may be served personally or sent by registered mail to the person at the address at which the person resides or in any other manner in which personal service may be made under the Rules of Court.

146( 2) Service by registered mail shall be deemed to have been received by the person on the fifth day after the day of mailing.

Immunity

147 No action or other proceeding lies or shall be instituted against any person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

Subrogation

148( 1) A person who receives or who will receive social services due to personal injuries suffered as a result of the negligence or wrongful act of another person may make a claim against that person for their losses and injuries, in which case they shall attempt to recover the cost of the social services provided or to be provided to them by the Minister.

148( 2) A person referred to in subsection (1) who suffered personal injuries and who recovers the cost or a portion of the cost of the social services provided or to be provided to them by the Minister shall remit the amount to the Minister without delay.

148( 3) The Crown in right of the Province may make a claim in its own name or in the name of the person referred to in subsection (1) who suffered personal injuries for recovery of the cost of the social services provided or to be provided by the Minister to that person.

148( 4) The fact that a release has been given, a claim has been settled or a judgment has been obtained shall not discharge the liability of the person who was negligent or who carried out the wrongful act for the cost of the social services provided or to be provided by the Minister to the person referred to in subsection (1) who suffered personal injuries unless that person or the Crown in right of the Province attempted to recover or recovered the cost or a portion of the cost of the social services.

148( 5) If a settlement of a claim or a judgment does not provide complete recovery to the person referred to in subsection (1) who suffered personal injuries for their losses and injuries and to the Crown in right of the Province for the cost of the social services provided or to be provided by the Minister to that person, the two parties shall share pro rata in proportion to their respective losses the amount recovered.

148( 6) No release or settlement of a claim by a person referred to in subsection (1) who suffered personal injuries is binding on the Crown in right of the Province unless the Minister has approved the release or settlement in writing.

148( 7) If the person who was negligent or who carried out the wrongful act is insured by a liability insurer carrying on business in the Province and the person referred to in subsection (1) who suffered personal injuries makes a claim without attempting to recover the cost of the social services provided or to be provided to them by the Minister, the insurer shall pay to the Minister the cost of the social services and payment shall discharge the liability of the insurer to pay that amount to the insured person in any subsequent claim.

148( 8) A liability insurer carrying on business in the Province shall provide the Minister, when requested to do so, information relating to

(a) a claim made against an insured person by a person who received social services, or

(b) the terms and conditions of any settlement entered into by an insured person and a person who received social services.

148( 9) In an action commenced under this section, a certificate signed by or purporting to be signed by the Minister is admissible as evidence in any court and is proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the appointment, authority or signature of the Minister.

148( 10) A certificate referred to in subsection (9) is intended to be

(a) proof that the person named in the certificate has received social services,

(b) proof that the amount recorded in the certificate is the cost of the social services received by the person named in the certificate, and

(c) proof, in the absence of evidence to the contrary, that the social services were received in respect of the personal injuries suffered.

148( 11) Despite any other provision of this Act, the Minister may authorize the payment of a fee to counsel who makes a claim on behalf of a person referred to in subsection (1) who suffered personal injuries and who recovers the cost or a portion of the cost of the social services provided or to be provided to them by the Minister.

148( 12) This section applies unless the personal injuries occurred as a result of the use or operation of a motor vehicle registered in the Province.

Levy

149 The Minister may impose a levy in accordance with the Insurance Act for the purpose of recovering the cost of the social services provided or to be provided to persons under this Act as a result of personal injuries arising out of the use or operation of a motor vehicle registered in the Province.

Administration

150 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Review of this Act

151 Within five years after the commencement of this Act, the Minister shall undertake a review of the operation of this Act, and, once it is complete, the Minister shall conduct a subsequent review within seven years after the completion date and every seven years after that.

Offences and penalties

152( 1) A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.

152( 2) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.

152( 3) Subject to subsection (4), a person who violates or fails to comply with a provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.

152( 4) A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

Regulations

153 The Lieutenant-Governor in Council may make regulations

(a) prescribing services to be social services for the purposes of the definition “social services”;

(b) prescribing services to be protection services for the purposes of the definition “protection services”;

(d) respecting persons or classes of persons who are eligible to receive social services;

(e) establishing eligibility criteria to receive social services and procedures to be used in determining eligibility;

(f) respecting contracts entered into with a government department, community, person or agency under subsection 10(1);

(g) respecting the establishment and operation of social service agencies;

(h) prescribing staffing requirements for social service agencies and staff qualifications, duties and responsibilities;

(i) establishing criteria and standards for programs, facilities and services provided by social service agencies;

(j) respecting the provision of support to social service agencies;

(k) respecting the establishment and operation of child and youth care resources;

(l) prescribing staffing requirements for child and youth care resources and qualifications, duties and responsibilities of staff members;

(m) establishing criteria and standards for programs, facilities and social services provided at child and youth care resources;

(n) respecting the admission to and the discharge from child and youth care resources;

(o) respecting the provision of support to child and youth care resources;

(p) respecting any delegation of authority by the Minister and the rights and responsibilities of a person exercising the authority;

(q) establishing rates, charges and restrictions that may be imposed by the Minister with respect to the provision of support or social services;

(r) prescribing persons or classes of persons who are suitable to provide social services;

(s) prescribing classes of persons who are not suitable to provide social services for the purposes of subsections 16(1) and (3);

(t) prescribing offences for the purposes of paragraph 16(1)(e);

(u) respecting checks with the Department of Social Development, criminal record checks and vulnerable sector checks, including when a check is required and the conditions that shall be met before a check is conducted;

(v) respecting procedures and safeguards in relation to confidential information;

(w) prescribing the purposes and the manner in which the parent of a child or youth may receive information for the purposes of subsection 22(8);

(x) prescribing other supports and social services prescribed by regulation for the purposes paragraph 25(2)(c);

(y) establishing criteria for coordinated restorative services under section 28;

(z) prescribing classes of children and youth for the purposes of subsection 28(1);

(aa) prescribing locations for the purposes of subsection 28(2);

(bb) establishing criteria for the purposes of subsection 30(1);

(cc) respecting plans for the care of a child or youth for the purposes of section 40;

(dd) respecting collaborative approaches for the purposes of section 41;

(ee) respecting multidisciplinary planning as referred to in section 42;

(ff) prescribing persons or entities for the purposes of paragraph 42(2)(f);

(gg) prescribing standards for the purposes of subsection 43(1);

(hh) prescribing conditions for the purposes of subsection 43(2);

(ii) defining “special needs” and “exceptional circumstances” for the purposes of paragraph 56(6)(b);

(jj) respecting the transfer of custody and guardianship of a child or youth to and from the Minister;

(kk) respecting the provision of care and support provided by the Minister for the purposes of subsections 56(7), 57(5), 68(7) and 69(4);

(ll) establishing and appointing a board of directors for child and youth care resources and prescribing their duties and functions;

(mm) respecting the responsibilities of the Minister with respect to a child or youth under the Minister’s care;

(nn) respecting the Minister’s responsibility for any damage, loss or injury caused by a child or youth under the Minister’s care;

(oo) respecting the management or control of money or property under subsection 75(3);

(pp) prescribing social services that may be provided by a person other than a social worker and the persons or classes of persons that may provide the social services for the purposes of sections 32 and 79;

(qq) establishing eligibility criteria of an applicant for the purposes of subsection 82(3);

(rr) respecting special service needs or special placement needs for the purposes of subsection 86(1);

(ss) respecting health and social histories to be prepared for the purposes of paragraph 90(4)(a);

(tt) prescribing circumstances for the purposes of paragraph 90(4)(b);

(uu) defining “special circumstances” for the purposes of subsections 112(3) and 113(3) and paragraph 113(4)(d);

(vv) specifying forms of advertisement to which section 124 does not apply;

(ww) prescribing the matters that may be subject to review under subsection 126(1);

(xx) prescribing persons or classes of persons for the purposes of subsection 126(5);

(yy) respecting a simplified procedure enabling the Court to set aside orders made under section 135;

(zz) respecting records and documents that are required to be made and kept under this Act;

(aaa) respecting the terms and conditions of an agreement or contract made under this Act;

(bbb) prescribing the information to be provided by any person under this Act;

(ccc) establishing periods of time to be taken into account in calculations or determinations under this Act or the regulations and varying periods established by this Act;

(ddd) respecting rules of procedure for any application or appeal under this Act;

(eee) respecting review processes for decisions made under this Act;

(fff) prescribing fees for a licence or permit or for any other purpose of this Act;

(ggg) prescribing the terms and conditions under which the Crown in right of the Province and a person who has suffered personal injuries as a result of the negligence or wrongful act of another shall share the proceeds of any recovery;

(hhh) respecting the payment of a fee to counsel who makes a claim on behalf of a person who has suffered personal injuries as a result of the negligence or wrongful act of another and recovers a sum in respect of the cost of social services;

(iii) respecting the scope of a review under section 151;

(jjj) for the purposes of subsection 152(4), prescribing the categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;

(kkk) prescribing forms and authorizing the Minister to provide forms for the purposes of this Act and the regulations;

(lll) adopting Rules of Court forms for the purposes of this Act, the regulations or both;

(mmm) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(nnn) adopting, in whole or in part, with the modifications that the Lieutenant-Governor in Council considers necessary, any regulation, guideline, rule, code, standard or procedure;

(ooo) respecting any other matter that may be necessary for the proper administration of this Act.

Transitional and saving provisions

154( 1) A community social service agency providing social services under the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, and in existence on the commencement of this section is deemed to be a social service agency under this Act.

154( 2) A community placement resource providing services under the Family Services Act in existence on the commencement of this section is deemed to be a child and youth care resource under this Act.

154( 3) Despite any inconsistency with a provision of this Act, any order, decision, finding, approval, exemption or requirement made or issued under the Family Services Act that was valid and effective immediately before the commencement of this section shall be deemed to be an order, decision, finding, approval, exemption or requirement made or issued under this Act and continues to be valid and effective.

154( 4) Despite any inconsistency with a provision of this Act, any contract, agreement or arrangement entered into under the Family Services Act continues to be valid and effective.

154( 5) Despite any inconsistency with a provision of this Act, a proceeding commenced under the Family Services Act before the commencement of this section and not disposed of before the commencement of this section continues as a proceeding under this Act and shall be disposed of in accordance with this Act.

154( 6) Any records or documents collected under the Family Services Act shall be deemed to have been collected under this Act.

Commencement

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

SCHEDULE A

Column 1 Section/subsection		Column 2 Category of Offence
Column 1 Section/subsection		Column 2 Category of Offence

	11(2) ...............		E
	20(1) ...............		F
	21(1) ...............		F
	22(4) ...............		F
	23(7) ...............		F
	25(4) ...............		H
	35(3) ...............		F
	35(11) ...............		H
	35(13) ...............		F
	38(9) ...............		H
	51...............		F
	66(8) ...............		H
	73(2) ...............		F
	76(5) ...............		F
	78(5) ...............		F
	83(1) ...............		E
	84(3) ...............		E
	87(1) ...............		E
	87(2) ...............		E
	92(6) ...............		E
	108(1) ...............		F
	123(1) ...............		E
	123(2) ...............		E
	124(1) ...............		E
	141...............		E