BILL 25

An Act Respecting An Act Respecting Child and Youth Well-Being

Preamble

WHEREAS An Act Respecting Child and Youth Well-Being, chapter 36 of the Acts of New Brunswick, 2023, received Royal Assent on December 13, 2023, without a commencement provision;

AND WHEREAS on February 12, 2024, The Court of Appeal of New Brunswick delivered its opinion in the Reference re Family Services Act and the Child and Youth Well-Being Act, 2024 NBCA 42 that the Legislature did not intend the coming into force of An Act Respecting Child and Youth Well-Being to occur before the coming into force of the Child and Youth Well-Being Act, which occurred on January 26, 2024;

AND WHEREAS it is desirable to enact a law confirming and ratifying the acts or things done in good faith under affected provisions between December 13, 2023 and January 25, 2024, both dates inclusive, and providing that no action, application or other proceeding lies or shall be instituted to question or in which is questioned the validity of the authority of a person who acted under those affected provisions;

NOW, THEREFORE, His Majesty, by and with the advice and consent of the Legislative Assembly, enacts as follows:

Definitions

1 The following definitions apply in this Act.

“affected act” means (loi visée)

(a)  the Change of Name Act,

(b)  the Child, Youth and Senior Advocate Act,

(c)  the Coroners Act,

(d)  the Early Childhood Services Act,

(e)  the Education Act,

(f)  the Employment Standards Act,

(g)  the Fatal Accidents Act,

(h)  the Family Income Security Act,

(i)  the Family Law Act,

(j)  the Family Services Act,

(k)  the Human Organ and Tissue Donation Act,

(l)  the Insurance Act,

(m)  the Intercountry Adoption Act,

(n)  the Intimate Partner Violence Intervention Act,

(o)  the Judicature Act,

(p)  the Medical Services Payment Act,

(q)  the Mental Health Act,

(r)  the Missing Persons Act,

(s)  the Ombud Act,

(t)  the Opioid Damages and Health Care Costs Recovery Act,

(u)  the Personal Health Information Privacy and Access Act,

(v)  the Public Health Act,

(w)  The Residential Tenancies Act,

(x)  the Tobacco Damages and Health Care Costs Recovery Act, and

(y)  the Vital Statistics Act.

“affected provision” means a provision of an affected act or an affected regulation that was repealed or amended by An Act Respecting Child and Youth Well-Being, chapter 36 of the Acts of New Brunswick, 2023. (disposition visée)

“affected regulation” means (règlement visé)

(a)  New Brunswick Regulation 2018-11 under the Early Childhood Services Act,

(b)  New Brunswick Regulation 95-61 under the Family Income Security Act,

(c)  New Brunswick Regulation 81-132 under the Family Services Act,

(d)  New Brunswick Regulation 81-134 under the Family Services Act,

(e)  New Brunswick Regulation 85-14 under the Family Services Act,

(f)  New Brunswick Regulation 97-71 under the Family Services Act,

(g)  New Brunswick Regulation 84-115 under the Health Services Act,

(h)  New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act,

(i)  New Brunswick Regulation 2023-11 under the Missing Persons Act,

(j)  New Brunswick Regulation 2007-78 under the Post-Secondary Student Financial Assistance Act,

(k)  New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act,

(l)  New Brunswick Regulation 2009-138 under the Public Health Act, and

(m)  New Brunswick Regulation 87-30 under the Vital Statistics Act.

Application of affected provisions – December 13, 2023 to January 25, 2024

2 From December 13, 2023, to January 25, 2024, both dates inclusive, an affected provision shall be deemed to continue to apply as it read immediately before December 13, 2023.

Validating, confirming and ratifying actions under affected provisions

3 Any act or thing done from December 13, 2023, to January 25, 2024, both dates inclusive, by a person, including but not limited to the Minister of Social Development, in the exercise or intended exercise of any right acquired, accrued or accruing under an affected provision, as the affected provision read immediately before December 13, 2023, or in the exercise or performance or intended exercise or performance of any power, duty, function, responsibility or authority transferred to, vested in or imposed on the person under an affected provision, as the affected provision read immediately before December 13, 2023,

(a)  shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority, and

(b)  is confirmed and ratified.

Immunity

4 No action, application or other proceeding to question or in which is questioned the validity of the authority of a person referred to in section 3 to act lies or shall be instituted against

(a)  the Crown in right of the Province,

(b)  a Minister of the Crown in right of the Province with respect to any act or thing done from December 13, 2023, to January 25, 2024, both dates inclusive, by the Minister in the exercise or intended exercise of any right acquired, accrued or accruing under an affected provision, as the affected provision read immediately before December 13, 2023, or in the exercise or performance or intended exercise or performance of any power, duty, function, responsibility or authority transferred to, vested in or imposed on the Minister under an affected provision, as the affected provision read immediately before December 13, 2023, or

(c)  any other person with respect to any act or thing done by that person from December 13, 2023, to January 25, 2024, both dates inclusive, if the person was appointed, assigned, designated or requested to assist a Minister of the Crown in right of the Province in the exercise or intended exercise of any right acquired, accrued or accruing under an affected provision, as the affected provision read immediately before December 13, 2023, or in the exercise or performance or intended exercise or performance of any power, duty, function, responsibility or authority transferred to, vested in or imposed on that Minister under an affected provision, as the affected provision read immediately before December 13, 2023,

if the Minister or other person acted in good faith in doing the act or thing.