Bill 9 - An Act Respecting Child and Youth Well-Being

BILL 9

An Act Respecting Child and Youth Well-Being

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

Change of Name Act

1( 1) Section 2 of the Change of Name Act, chapter 103 of the Revised Statutes, 2014, is amended by striking out “Part 5 of the Family Services Act” and substituting “Part 6 of the Child and Youth Well-Being Act”.

1( 2) Paragraph 5(1)(b) of the Act is amended by striking out “Part 4 of the Family Services Act” and substituting “Part 5 of the Child and Youth Well-Being Act”.

Child and Youth Well-Being Act

2( 1) Section 1 of the Child and Youth Well-Being Act, chapter 35 of the Acts of New Brunswick, 2022, is amended

(a) by repealing the definition “place of secure care”;

(b) in paragraph (f) of the definition “immediate family” by striking out “child belongs” and “relative of the child” and substituting “child or youth belongs” and “relative of the child or youth”, respectively;

(d) by adding the following definition in alphabetical order:

“place of safe and supportive care” means a place of safe and supportive care specified by the Minister for the purposes of section 71. (lieu de soins sûrs et adaptés)

2( 2) Section 8.1 of the Act is amended

(a) in paragraph (b) of the English version by striking out “and” at the end of the paragraph;

(b) in paragraph (c) by striking out the period at the end of the paragraph and substituting a semicolon;

(d) the child or youth’s right to participate in co-curricular, extracurricular and practical programs;

(e) the child or youth’s right to participate in cultural, linguistic, religious and spiritual activities;

(f) the child or youth’s right to communication and contact with their immediate family and kin, subject to the provisions of this Act and the regulations;

(g) the child or youth’s right to participate in the making of a decision that affects the child or youth in accordance with this Act and the regulations; and

(h) the child or youth’s right to be free from corporal punishment.

2( 3) The heading “Coordinated restorative services” preceding section 28 of the Act is amended by striking out “Coordinated restorative” and substituting “Stabilization”.

2( 4) Section 28 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “coordinated restorative social services” and substituting “stabilization services”;

(b) in subsection (2) by striking out “Coordinated restorative services” and substituting “Stabilization services”.

2( 5) Subsection 31(1) of the Act is amended by striking out “guardianship order” and substituting “guardianship order or a youth who receives services under section 30”.

2( 6) Subsection 38(3) of the English version of the Act is amended

(a) in paragraph (a) by striking out “the child” wherever it appears and substituting “the child or youth”;

(b) in paragraph (b) by striking out “the child” wherever it appears and substituting “the child or youth”.

2( 7) Subsection 39(2) of the Act is amended in the portion preceding paragraph (a) by striking out “Minister shall” and substituting “Minister may notify the person who provided the information of the Minister’s findings and shall”.

2( 8) Subsection 40(3) of the Act is amended by striking out “serious addiction” and substituting “a mental health condition or serious addiction”.

2( 9) Section 43 of the Act is amended by adding after subsection (1) the following:

43( 1.1) A child or youth may receive kinship services in the home of a kinship caregiver for a period of up to 24 consecutive months.

43( 1.2) Despite subsection (1.1), the time period 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.

43( 1.3) Despite subsections (1.1) and (1.2), the time period may be extended beyond 24 months in the case of an Indigenous child or youth if the Minister considers it to be appropriate in the circumstances based on cultural considerations.

2( 10) Subsection 54(3) of the Act is amended by striking out “any contact order or parenting order made under the Family Law Act” and substituting “any order with respect to parenting time, decision-making responsibility or contact made under the Family Law Act or any other Act”.

2( 11) Paragraph 56(6)b) of the French version of the Act is amended by striking out “exceptionnelle” and substituting “exceptionnelle du parent”.

2( 12) Section 60 of the Act is amended

(a) in subsection (1)

( i) in paragraph (a) by striking out “initial”;

( ii) in paragraph (b) by striking out “initial”;

( iii) in paragraph (c) by striking out “initial”;

(b) in paragraph (3)(c) by striking out “parenting time under the Family Law Act” and substituting “parenting time, decision-making responsibility or contact under the Family Law Act or any other Act”;

60( 7.1) If notice has been provided to a parent under this section but the parent does not appear at the hearing and one or more other parents who have been provided notice are in agreement with the application, the Court shall deem the parent who does not appear to be in agreement with the application and the Court shall hear the application in the absence of that parent.

60( 7.2) If the requirement to provide notice to a parent has been waived and one or more other parents who have been provided notice are in agreement with the application, the Court shall deem the parent whose notice was waived to be in agreement with the application and the Court shall hear the application in the absence of that parent.

2( 13) Section 63 of the Act is amended

(a) in subsection (6) in the portion preceding paragraph (a) by striking out “place of secure care” and substituting “place of safe and supportive care”;

(b) in subsection (8) of the French version by striking out “de la demande” and substituting “d’une demande”.

2( 14) Subsection 66(4) of the Act is amended by striking out “allocating parenting time is made with respect to the child or youth under the Family Law Act” and substituting “with respect to parenting time, decision-making responsibility or contact is made with respect to the child or youth under the Family Law Act or any other Act”.

2( 15) Section 67 of the Act is amended

(a) in subsection (1) by striking out “, 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” and substituting “for a period of time as determined by the Court”;

(b) by repealing subsection (2).

2( 16) Section 68 of the Act is amended

(a) by adding after subsection (4) the following:

68( 4.1) For the purposes of subsections (2) to (4), time under the Minister’s care shall not include time under the Minister’s care due to the child or youth being a child or youth with a disability.

68( 4.2) Despite subsections (2) to (4), the Court may extend an order made under subsection (1) beyond 24 months in the case of an Indigenous child or youth if the Court considers it to be appropriate in the circumstances based on cultural considerations.

(b) in subsection (6) by striking out “shall determine the support obligations of the parent” and substituting “may determine the support obligations of the parent if requested by the Minister”.

2( 17) Subsection 69(2) of the Act is amended

(a) in paragraph (a) by striking out “any right to parenting time granted to a parent under the Family Law Act” and substituting “parenting time and decision-making responsibility granted to a parent under the Family Law Act or any other Act”;

(b) in paragraph (b) of the English version by striking out “and” at the end of the paragraph;

(d) by adding after paragraph (c) the following:

(d) severs the tie the child or youth had with any other person with rights and responsibilities with respect to the child or youth by freeing the other person of all those rights and responsibilities, including contact under the Family Law Act or any other Act, unless the contact order is specifically preserved by the order.

2( 18) The heading “Order authorizing placement in place of secure care” preceding section 71 of the Act is amended by striking out “place of secure care” and substituting “place of safe and supportive care”.

2( 19) Section 71 of the Act is amended

(a) in subsection (1) by striking out “place of secure care” and substituting “place of safe and supportive care”;

(b) in subsection (3) by striking out “place of secure care” and substituting “place of safe and supportive care”;

2( 20) The Act is amended by adding after section 71 the following:

Commencement of orders

71.1 Orders made under sections 65 to 71 commence on the date the order is made unless the Minister, the parent of the child or youth and any interested person whose application under subsection 136(1) was granted by the Court agree otherwise.

2( 21) Subsection 77(1) of the Act is amended in the portion preceding paragraph (a) by striking out “on the recommendation of the Minister”.

2( 22) Section 82 of the Act is amended

(a) in subsection (1) by striking out “or to a social service agency”;

(b) in subsection (3) by striking out “or the social service agency”.

2( 23) The heading “Agreement for social services” preceding section 86 of the Act is repealed.

2( 24) Section 86 of the Act is repealed.

2( 25) Section 90 of the Act is amended

(a) in subsection (1) by striking out “child or youth” and substituting “child, youth or adult”;

(b) in subsection (3) by striking out “parenting time under the Family Law Act” and substituting “parenting time, decision-making responsibility or contact under the Family Law Act or any other Act”;

2( 26) Subsection 99(7) of the Act is amended by striking out “any right to parenting time granted to a former parent under the Family Law Act” and substituting “parenting time, decision-making responsibility or contact granted to a former parent under the Family Law Act or any other Act”.

2( 27) Subsection 101(2) of the Act is amended

(b) in paragraph (b) of the English version by striking out “and” at the end of the paragraph;

(d) by adding after paragraph (c) the following:

2( 28) The Act is amended by adding after section 108 the following:

Agreement for social services

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

2( 29) The heading “Proceeding with respect to parenting time” preceding section 127 of the Act is amended by striking out “parenting time” and substituting “parenting time, decision-making responsibility or contact”.

2( 30) Section 127 of the Act is amended in the portion preceding paragraph (a) by striking out “parenting time under the Family Law Act” and substituting “parenting time, decision-making responsibility or contact under the Family Law Act or any other Act”.

2( 31) The heading “Appointment of counsel” preceding section 128 of the Act is amended by striking out “counsel” and substituting “counsel or responsible spokesperson”.

2( 32) Section 153 of the Act is amended

(a) by adding after paragraph (c) the following:

(c.1) prescribing different standards with respect to social services according to the persons or classes of persons providing the social services;

(b) by adding after paragraph (l) the following:

(l.1) authorizing the Minister to exercise discretion in determining qualifications of staff members;

(o.1) respecting the provision of support to any person, class of person or entity;

(d) in paragraph (t) by striking out “16(1)(e)” and substituting “16(1)(e), including prescribing different offences according to the persons or classes of persons providing the social services”;

(e) in paragraph (y) by striking out “coordinated restorative services” and substituting “stabilization services”;

(f) by adding after paragraph (bb) the following:

(bb.1) authorizing the Minister to exercise discretion in determining whether the criteria established for the purposes of subsection 30(1) has been met;

(g) in paragraph (cc) by striking out “plans for the care of a child or youth” and substituting “plans for a child or youth”;

(h) by adding after paragraph (nn) the following:

(nn.1) respecting places of safe and supportive care under section 71, including plans for safe and supportive care and the provision of support;

(nn.2) authorizing the Minister to exercise discretion in the placement of a child or youth in a place of safe and supportive care and the placement of a child or youth at a child and youth care resource once a placement at a place of safe and supportive care ends;

(i) by adding after paragraph (pp) the following:

(pp.1) respecting adoption, including the renewal of an application, placement for adoption and, in the case of a private adoption, risk assessment;

(j) by repealing paragraph (rr);

(k) by adding after paragraph (tt) the following:

(tt.1) respecting special service needs or special placement needs for the purposes of section 108.1;

(l) by adding after paragraph (yy) the following:

(yy.1) respecting subrogation under section 148, including the duties of counsel acting on behalf of an injured person, the duties of the person making a claim and the fees to be paid if counsel recovers a sum in respect of the cost of social services;

Child, Youth and Senior Advocate Act

3( 1) Subsection 22(4) of the Child, Youth and Senior Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is amended

(a) in paragraph (c) by striking out “section 30 or”;

(b) by repealing paragraph (d);

(d.01) information that would identify a person who gives information under section 35 of the Child and Youth Well-Being Act;

(d.02) information protected by Part 7 of the Child and Youth Well-Being Act;

3( 2) Schedule A of the Act is amended by adding after section 9 the following:

9.1 Child and youth care resources as defined in the Child and Youth Well-Being Act.

Coroners Act

4 Section 5.3 of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, is amended by striking out “the Family Services Act” and substituting “the Family Services Act or the Child and Youth Well-Being Act ”.

Early Childhood Services Act

5( 1) Subsection 10(2) of the Early Childhood Services Act, chapter E-0.5 of the Acts of New Brunswick, 2010, is amended

(a) by repealing paragraph (a) and substituting the following:

(a) the applicant or associated person is the subject of a court order made under the Child and Youth Well-Being Act in relation to a danger to the well-being of a child or youth as described in paragraphs 34(a) to (n) of that Act;

(b) by repealing paragraph (b) and substituting the following:

(b) the Minister of Social Development has made a finding that the applicant or associated person has endangered the well-being of a child or youth under subsection 39(1) of the Child and Youth Well-Being Act;

5( 2) Subsection 55(6) of the Act is amended by striking out “section 30 of the Family Services Act” and substituting “section 35 of the Child and Youth Well-Being Act”.

Regulation under the Early Childhood Services Act

6 Subsection 12(4) of New Brunswick Regulation 2018-11 under the Early Childhood Services Act is amended

(a) in paragraph (a) by striking out “the security or development of a child as described in paragraphs 31(1)(a) to (g) of the Family Services Act” and substituting “the well-being of a child or youth under paragraphs 34(a) to (n) of the Child and Youth Well-Being Act”;

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

(c) if the Minister of Social Development has made a finding as a result of an investigation under the Child and Youth Well-Being Act that the individual has endangered the well-being of a child or youth under paragraphs 34(a) to (n) of the Child and Youth Well-Being Act; and

Education Act

7( 1) Section 19 of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended by striking out “security or development” and “Family Services Act” and substituting “well-being” and “Child and Youth Well-Being Act”, respectively.

7( 2) Subsection 31.1(1) of the Act is amended in the definition “professional person” by striking out “subsection 30(10) of the Family Services Act” and substituting “section 33 of the Child and Youth Well-Being Act”.

Employment Standards Act

8 Paragraph 44.02(4)(a) of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by striking out “Family Services Act as a prospective adopting parent” and substituting “Child and Youth Well-Being Act as a prospective adoptive parent”.

Fatal Accidents Act

9 Paragraph 18(c) of the Fatal Accidents Act, chapter 104 of the Revised Statutes, 2012, is amended by striking out “the Family Services Act” and substituting “the Family Services Act, the Child and Youth Well-Being Act”.

Family Income Security Act

10 Subsection 11(2) of the Family Income Security Act, chapter 154 of the Revised Statutes, 2011, is repealed and the following is substituted:

11( 2) A payment made on behalf of a person in need shall be deemed to be a payment made on behalf of a person in need under this Act and the regulations if the payment is made under

(a) the Family Services Act or the regulations under that Act for the provision of community social services or services provided at a community placement resource, or

(b) the Child and Youth Well-Being Act or the regulations under that Act for the provision of social services.

Regulation under the Family Income Security Act

11 New Brunswick Regulation 95-61 under the Family Income Security Act is amended

(a) by repealing the heading “ASSISTANCE ON BEHALF OF FOSTER CHILD” preceding section 22;

(b) by repealing section 22.

Family Law Act

12( 1) Section 1 of the Family Law Act, chapter 23 of the Acts of New Brunswick, 2020, is amended in the definition “parent” by striking out “Family Services Act” and substituting “Child and Youth Well-Being Act”.

12( 2) Section 11 of the Act is amended

(a) in subsection (3) by striking out “Family Services Act” and substituting “Family Services Act or the Child and Youth Well-Being Act”;

(b) in paragraph (4)(b) by striking out “Family Services Act” and substituting “Family Services Act or the Child and Youth Well-Being Act”.

12( 3) Paragraph 21(2)(j) of the Act is amended by striking out “Family Services Act” and substituting “Family Services Act or for any payment that has been made under the Child and Youth Well-Being Act in respect of a child referred to in paragraph (a) of the definition of “child” in section 9”.

12( 4) Paragraph 27(b) of the Act is amended by striking out “Family Services Act” and substituting “Family Services Act or the Child and Youth Well-Being Act”.

12( 5) Section 79 of the Act is amended

(a) in subsection (1) by striking out “Family Services Act” and substituting “Family Services Act or the Child and Youth Well-Being Act”;

(b) in subsection (2) by striking out “Family Services Act” and substituting “Family Services Act or the Child and Youth Well-Being Act”.

Family Services Act

13( 1) The preamble of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended

(a) by repealing the first clause;

(b) by repealing the second clause;

(d) by repealing the fourth clause;

(e) by repealing the fifth clause;

(f) by repealing the sixth clause;

(g) by repealing the seventh clause;

(h) by repealing the eighth clause;

(i) by repealing the ninth clause;

(j) in the twelfth clause by striking out “children,”.

13( 2) Section 1 of the Act is amended

(a) by repealing the following definitions:

“best interests of the child”;

“child”;

“child in care”;

“custody agreement”;

“custody order”;

“foster parent”;

“guardian”;

“guardianship agreement”;

“guardianship order”;

“kin”;

“kinship caregiver”;

“parent”;

“place”;

(b) by repealing the definition “associated person” and substituting the following:

“associated person” means an adult, excluding an operator, staff member and person receiving services in a community placement resource, who (personne associée)

(a) resides in a community placement resource, or

(b) has frequent contact with a person residing in a community placement resource by virtue of the adult’s relationship with the operator or a staff member;

“protective care” means a service which provides an immediate safeguard for the security of a person whom the Minister has reason to believe is a neglected adult or an abused adult; (régime de protection)

(d) in the definition “community social services” or “social services”

( i) in paragraph (d) by striking out “, children”;

( ii) in paragraph (g) by striking out “children and”;

( iii) by repealing paragraph (k.1);

( iv) by repealing paragraph (l);

( v) by repealing paragraph (m);

( vi) in paragraph (t) by striking out “children and”;

( vii) by striking out paragraph (t.1);

( viii) by striking out paragraph (t.2);

( ix) in paragraph (v) by striking out the semicolon at the end of the paragraph and substituting a period.

13( 3) Subsection 3(1) of the Act is amended

(a) in paragraph (b.1) by striking out “and sections 67, 71, 74 and 75”;

(b) in paragraph (e) by striking out “, including making recompense, for any damage, loss or injury caused by a child in care”.

13( 4) Section 3.1 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “a class of persons” and substituting “a member of a class of persons”;

( ii) by repealing paragraph (a) and substituting the following:

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

( iii) by repealing paragraph (b) and substituting the following:

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

(b) in subsection (2) of the French version by striking out “résident” and substituting “pensionnaire”;

13( 5) The heading “Minister as legal representative and trustee” preceding section 4 of the Act is repealed.

13( 6) Section 4 of the Act is repealed.

13( 7) The heading “Delegation of trustee powers and duties to Public Trustee” preceding section 4.1 of the Act is repealed.

13( 8) Section 4.1 of the Act is repealed.

13( 9) Section 5 of the Act is amended by striking out “children or”.

13( 10) The heading “Consideration of wishes of child” preceding section 6 of the Act is repealed.

13( 11) Section 6 of the Act is repealed.

13( 12) The heading “Role of Minister in custody proceedings” preceding section 7 of the Act is repealed.

13( 13) Section 7 of the Act is repealed.

13( 14) The heading “Appointment of counsel” preceding section 7.1 of the Act is repealed.

13( 15) Section 7.1 of the Act is repealed.

13( 16) The heading “Court may order examination or evaluation” preceding section 8 of the Act is repealed.

13( 17) Section 8 of the Act is repealed.

13( 18) The heading “Parties to pay cost of examination or evaluation” preceding section 8.1 of the Act is repealed.

13( 19) Section 8.1 of the Act is repealed.

13( 20) The heading “Admissibility of evidence taken on previous proceeding” preceding section 9 of the Act is repealed.

13( 21) Section 9 of the Act is repealed.

13( 22) Section 10 of the Act is amended

(a) by repealing subsection (2);

(b) by repealing subsection (3);

13( 23) Section 11 of the Act is amended

(a) by repealing subsection (0.1);

(b) by repealing paragraph (3)(b);

(d) in subsection (7) by striking out “(4),”.

13( 24) Paragraph 11.001(2)(a) of the Act is amended by striking out “a child or”.

13( 25) The heading “Requirement to provide information” preceding section 11.1 of the Act is repealed.

13( 26) Section 11.1 of the Act is repealed.

13( 27) The heading “Request under section 11.1” preceding section 11.2 of the Act is repealed.

13( 28) Section 11.2 of the Act is repealed.

13( 29) The heading “Minister may prohibit communication with a child” preceding section 13 of the Act is repealed.

13( 30) Section 13 of the Act is repealed.

13( 31) The heading “Consent or agreement of minor” preceding section 13.1 of the Act is repealed.

13( 32) Section 13.1 of the Act is repealed.

13( 33) Section 17 of the Act is amended

(a) in the portion preceding paragraph a) of the French version by adding a colon at the end of the portion;

(b) in paragraph (a) of the English version by adding “or” at the end of the paragraph;

(d) in paragraph (c) by striking out “a child or adult” and substituting “an adult”.

13( 34) Section 23 of the Act is amended by repealing the definition “community placement resource” and substituting the following:

“community placement resource” means a social service facility providing services to adults and includes a community residence, an institution for the care of adults, a special care home, a sheltered workshop and any facility designated under paragraph 24(2)(e), but does not include a facility whose primary objective is medical care or educational or correctional services; (centre de placement communautaire)

13( 35) The heading “Voluntary protection services” preceding section 29.2 of the Act is repealed.

13( 36) Section 29.2 of the Act is repealed.

13( 37) The heading “Duty to report child abuse” preceding section 30 of the Act is repealed.

13( 38) Section 30 of the Act is repealed.

13( 39) The heading “Security and development of child endangered” preceding section 31 of the Act is repealed.

13( 40) Section 31 of the Act is repealed.

13( 41) The heading “Finding that a person has endangered the security or development of a child” preceding section 31.01 of the Act is repealed.

13( 42) Section 31.01 of the Act is repealed.

13( 43) The heading “Plan for care of a child” preceding section 31.1 of the Act is repealed.

13( 44) Section 31.1 of the Act is repealed.

13( 45) The heading “Kinship services” preceding section 31.2 of the Act is repealed.

13( 46) Section 31.2 of the Act is repealed.

13( 47) The heading “Protective care of child” preceding section 32 of the Act is repealed.

13( 48) Section 32 of the Act is repealed.

13( 49) The heading “Search of premises and removal of child, removal, arrest and detention of offending persons” preceding section 33 of the Act is repealed.

13( 50) Section 33 of the Act is repealed.

13( 51) Subsection 39(2) of the Act is repealed.

13( 52) The heading “PART IV CHILDREN IN CARE” preceding section 43 of the Act is repealed.

13( 53) Part IV of the Act is repealed.

13( 54) The heading “PART V ADOPTION” preceding section 64 of the Act is repealed.

13( 55) Part V of the Act is repealed.

13( 56) The heading “PART V.I CONFIDENTIALITY, DISCLOSURE AND THE POST-ADOPTION REGISTER” preceding section 94.01 of the Act is repealed.

13( 57) Part V.I of the Act is repealed.

13( 58) Subsection 96(2) of the Act is amended by striking out “Part V applies” and substituting “Part 6 of the Child and Youth Well-Being Act applies”.

13( 59) The heading “Presumption respecting age of child” preceding section 139 of the Act is repealed.

13( 60) Section 139 of the Act is repealed.

13( 61) Section 143 of the Act is amended

(a) by repealing paragraph (d);

(b) by repealing paragraph (d.1);

(d) by repealing paragraph (d.3);

(e) by repealing paragraph (d.4);

(f) by repealing paragraph (d.5);

(g) by repealing paragraph (i);

(h) by repealing paragraph (l);

(i) by repealing paragraph (m);

(j) in paragraph (ee) by striking out “children in care and”;

(k) by repealing paragraph (ff);

(l) by repealing paragraph (gg);

(m) by repealing paragraph (gg.1);

(n) by repealing paragraph (hh.1);

(o) by repealing paragraph (hh.2);

(p) by repealing paragraph (ii);

(q) by repealing paragraph (ll);

(r) by repealing paragraph (mm.1);

(s) by repealing paragraph (nn.1);

(t) by repealing paragraph (oo);

(u) by repealing paragraph (oo.1);

(v) by repealing paragraph (oo.2);

(w) by repealing paragraph (oo.3);

(x) by repealing paragraph (oo.4);

(y) by repealing paragraph (oo.5);

(z) by repealing paragraph (oo.6);

(aa) by repealing paragraph (oo.7);

(bb) by repealing paragraph (qq).

13( 62) Schedule A of the Act is amended

by striking out

	10(2) ...............			E
	11(7) ...............			F
	12...............			F
	13...............			F
	22(5) ...............			E
	26(3) ...............			E
	27(5) ...............			E
	30(3) ...............			F
	30(5.1) ...............			F
	30(7) ...............			H
	31(3) ...............			H
	31(4) ...............			F
	39(3) ...............			H
	58(6) ...............			H
	67(2.1) ...............			E
	69(4) ...............			E
	73(1) ...............			E
	73(2) ...............			E
	73(3) ...............			E
	77(5) ...............			E
	94.6(1) ...............			E
	94.6(2) ...............			E
	95(2) ...............			F
	95.1(1) ...............			E

and substituting the following:

	11(7) ...............			F
	12...............			F
	22(5) ...............			E
	26(3) ...............			E
	27(5) ...............			E
	39(3) ...............			H

Regulations under the Family Services Act

14( 1) New Brunswick Regulation 81-132 under the Family Services Act is amended

(a) in section 2

( i) in subsection (1)

( A) by repealing the definition “registrar”;

( B) in the French version in the definition « Loi » by striking out the semicolon at the end of the definition and substituting a period;

( C) in the English version in the definition “document” by striking out the semicolon at the end of the definition and substituting a period;

( ii) by repealing subsection (2);

( iii) by repealing subsection (3);

( iv) by repealing subsection (5);

( v) by repealing subsection (6);

( vi) by repealing subsection (7);

(b) by repealing the heading “RECOMPENSE” preceding section 5;

(d) by repealing section 6;

(e) by repealing section 7;

(f) by repealing the heading “TRUSTEE” preceding section 8;

(g) by repealing section 8;

(h) by repealing section 9;

(i) by repealing the heading “CHILDREN IN CARE” preceding section 13;

(j) by repealing section 13;

(k) by repealing the heading “POST-ADOPTION ASSISTANCE” preceding section 19;

(l) by repealing section 19;

(m) by repealing the heading “FEES FOR CERTAIN SERVICES” preceding section 19.1;

(n) by repealing section 19.1.

14( 2) New Brunswick Regulation 81-134 under the Family Services Act is amended

(a) in section 2

( i) by repealing Form 0.1;

( ii) by repealing Form 0.2;

( iii) by repealing Form 1;

( iv) by repealing Form 2;

( v) by repealing Form 3;

( vi) by repealing Form 4;

( vii) by repealing Form 5.1;

( viii) by repealing Form 7;

( ix) by repealing Form 8;

( x) by repealing Form 9;

( xi) by repealing Form 9.1;

( xii) by repealing Form 9.2;

( xiii) by repealing Form 9.3;

( xiv) by repealing Form 10;

( xv) by repealing Form 11;

( xvi) by repealing Form 12;

( xvii) by repealing Form 12.1;

( xviii) by repealing Form 12.2;

( xix) by repealing Form 12.3;

( xx) by repealing Form 12.4;

( xxi) by repealing Form 13;

( xxii) by repealing Form 14;

( xxiii) by repealing Form 15;

( xxiv) by repealing Form 16;

( xxv) by repealing Form 17;

( xxvi) by repealing Form 18;

( xxvii) by repealing Form 19;

( xxviii) by repealing Form 20;

( xxix) by repealing Form 21;

( xxx) by repealing Form 29;

(b) by repealing section 3.

14( 3) New Brunswick Regulation 85-14 under the Family Services Act is repealed.

14( 4) Subsection 3.1(1) of New Brunswick Regulation 97-71 under the Family Services Act is amended

(a) in paragraph (b) of the English version by adding “and” at the end of the paragraph;

(b) by repealing paragraph (c);

14( 5) New Brunswick Regulation 2020-21 under the Family Services Act is repealed.

Regulation under the Health Services Act

15 New Brunswick Regulation 84-115 under the Health Services Act is amended

(a) in section 2 in paragraph (b) of the definition “beneficiary” by striking out “a child who is a child in the care of the Minister of Social Development under the Family Services Act” and substituting “a child or youth under the Minister’s care as defined in the Child and Youth Well-Being Act”;

(b) in section 4 in the portion preceding paragraph (a) by striking out “children in care under the Family Services Act” and substituting “children or youth under the Minister’s care as defined in the Child and Youth Well-Being Act”.

Human Organ and Tissue Donation Act

16 Section 1 of the Human Organ and Tissue Donation Act, chapter 24 of the Acts of New Brunswick, 2023, is amended

(a) in the definition “continuing-care home” by striking out “the Nursing Homes Act or the Family Services Act,” and substituting “the Nursing Homes Act, the Family Services Act or the Child and Youth Well-Being Act,”;

(b) in the definition “guardian” by striking out “the Family Services Act” and substituting “the Child and Youth Well-Being Act”.

Insurance Act

17 Paragraph 242.1(2)(c) of the Insurance Act, chapter I-12 of the Revised Statutes, 1973, is amended by striking out “Family Services Act” and substituting “Family Services Act or the Child and Youth Well-Being Act”.

Intercountry Adoption Act

18( 1) Paragraph 38(b) of the Intercountry Adoption Act, chapter I-12.01 of the Acts of New Brunswick, 1996, is amended by striking out “place the child under protective care and that proceedings be taken under Part IV of the Family Services Act” and substituting “provide protection services to the child and that proceedings be taken under Part 5 of the Child and Youth Well-Being Act”.

18( 2) Subsection 51(1) of the Act is amended by striking out “Family Services Act” and substituting “Child and Youth Well-Being Act”.

Intimate Partner Violence Intervention Act

19( 1) Section 1 of the Intimate Partner Violence Intervention Act, chapter 5 of the Acts of New Brunswick, 2017, is amended in the definition “best interests of the child” by striking out “as defined in the Family Services Act” and substituting “as defined in the Family Law Act”;

19( 2) Subsection 12(2) of the Act is amended by striking out “Family Services Act” and substituting “Family Services Act, the Child and Youth Well-Being Act”.

Judicature Act

20 Schedule B of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended by adding after “Change of Name Act” the following:

Child and Youth Well-Being Act

Regulation under the Judicature Act and the Provincial Offences Procedure Act

21( 1) Rule 73 of the Rules of Court of New Brunswick, “FAMILY DIVISION”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended

(a) in subrule 011 of Rule 73

( i) in paragraph (1)

( A) in the portion preceding clause (a) by striking out “only”;

( B) in clause (b) of the English version by adding “and” at the end of the paragraph;

( C) by repealing clause (c);

( D) by repealing clause (d);

( ii) by adding after paragraph (1) the following:

73.011( 1.1) This rule applies to proceedings commenced under the following provisions of the Child and Youth Well-Being Act in a Judicial District that has established a case management model for those proceedings:

(a) Part 5, Protection Services; and

(b) Part 6, Adoption.

(b) in paragraph .04(2) of Rule 73 by striking out “subsection 38(2) or 52(3) of the Family Services Act” and substituting “subsection 38(2) of the Family Services Act or subsection 60(2) of the Child and Youth Well-Being Act”;

(c) in subrule .05 of Rule 73 by striking out “subsections 38(2) and 52(3) of the Family Services Act” and substituting “subsection 38(2) of the Family Services Act or subsection 60(2) of the Child and Youth Well-Being Act”;

(d) in paragraph .19(1) of Rule 73 by striking out “the Family Law Act or the Family Services Act is not paid or security required to be filed under the Family Law Act or the Family Services Act” and substituting “the Family Law Act, the Family Services Act or the Child and Youth Well-Being Act is not paid or security required to be filed under the Family Law Act, the Family Services Act or the Child and Youth Well-Being Act”.

21( 2) Paragraph .01(2) of Rule 81 of the Rules of Court, “FAMILY LAW RULE IN JUDICIAL DISTRICTS WITH A CASE MANAGEMENT MODEL”, is amended

(a) in clause (a)

( i) in subclause (ii) of the English version by adding “and” at the end of the subclause;

( ii) by repealing subclause (iii);

( iii) by repealing subclause (iv);

( iv) in subclause (v) of the English version by striking out “and” at the end of the subclause;

(b) by adding after clause (a) the following:

(a.1) proceedings commenced under the following provisions of the Child and Youth Well-Being Act:

( i) Part 5, Protection Services; and

( ii) Part 6, Adoption; and

Medical Services Payment Act

22 Paragraph 8(1)(a.1) of the Medical Services Payment Act, chapter M-7 of the Revised Statutes, 1973, is amended by striking out “section 11.1 of the Family Services Act” and substituting “section 23 of the Child and Youth Well-Being Act”.

Mental Health Act

23( 1) Section 1 of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended in the definition “nearest relative” in the portion preceding paragraph (a) by striking out “child in care under the Family Services Act, the Minister” and substituting “child or youth under the Minister’s care as defined in the Child and Youth Well-Being Act, the Minister of Social Development”.

23( 2) Section 8.6 of the Act is amended

(a) by repealing paragraph (1)(a) and substituting the following:

(a) in the case of a child or youth under the Minister’s care as defined in the Child and Youth Well-Being Act, the Minister of Social Development;

(b) by repealing paragraph (2)(a) and substituting the following:

(a) in the case of a child or youth under the Minister’s care as defined in the Child and Youth Well-Being Act, the Minister of Social Development;

Missing Persons Act

24 Section 1 of the Missing Persons Act, chapter 45 of the Acts of New Brunswick, 2022, is amended in paragraph (b) of the definition of “vulnerable person” by striking out “Family Services Act” and substituting “Family Services Act or to whom the Minister of Social Development provides protection services under the Child and Youth Well-Being Act”.

Regulation under the Missing Persons Act

25 Section 2 of New Brunswick Regulation 2023-11 under the Missing Persons Act is amended in the definition “community placement resource” by striking out “Family Services Act” and substituting “Family Services Act or a child and youth care resource as defined in the Child and Youth Well-Being Act”.

Ombud Act

26 Subsection 19.2(3) of the Ombud Act, chapter O-5 of the Revised Statutes, 1973, is amended

(a) in paragraph (c) by striking out “section 30 or”;

(b) by adding after paragraph (c) the following:

(c.1) information that would identify a person who gives information under section 35 of the Child and Youth Well-Being Act;

(c) in paragraph (d) by striking out “Part V.1 of the Family Services Act” and substituting “Part 7 of the Child and Youth Well-Being Act”.

Opioid Damages and Health Care Costs Recovery Act

27 Subsection 1(1) of the Opioid Damages and Health Care Costs Recovery Act, chapter 28 of the Acts of New Brunswick, 2023, is amended in paragraph (c) of the definition “health care benefits” by striking out “the Family Services Act,” and substituting “the Family Services Act, the Child and Youth Well-Being Act,”.

Personal Health Information Privacy and Access Act

28 Subsection 4(2) of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended

(a) in paragraph (a) of the English version by striking out “and” at the end of the paragraph;

(b) by adding after paragraph (a) the following:

(a.1) the Child and Youth Well-Being Act; and

Regulation under the Post-Secondary Student Financial Assistance Act

29 Section 3 of New Brunswick Regulation 2007-78 under the Post-Secondary Student Financial Assistance Act is amended in paragraph (f) of the definition “independent student” by striking out “child in care as defined in the Family Services Act” and substituting “child or youth under the Minister’s care as defined in the Child and Youth Well-Being Act”.

Regulation under the Provincial Offences Procedure Act

30 Subsection 10(2) of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended by adding after paragraph (c) the following:

(c.1) the Child and Youth Well-Being Act,

Public Health Act

31( 1) The heading “Community placement resources and early learning and childcare facilities” preceding section 25 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended by striking out “resources” and substituting “resources, child and youth care resources”.

31( 2) Section 25 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

25( 1) The following definitions apply in this section.

“community placement resource” means a community placement resource as defined in section 23 of the Family Services Act. (centre de placement communautaire)

“child and youth care resource” means a child and youth care resource as defined in section 1 of the Child and Youth Well-Being Act. (centre de ressources pour enfants et jeunes)

(b) in subsection (2) by striking out “resource” and substituting “resource, a child and youth care resource”.

31( 3) Paragraph 66(2)(b.1) of the Act is amended by striking out “section 11.1 of the Family Services Act” and substituting “section 23 of the Child and Youth Well-Being Act”.

Regulation under the Public Health Act

32( 1) Subsection 3(5) of New Brunswick Regulation 2009-138 under the Public Health Act is amended by striking out “Family Services Act is” and substituting “Family Services Act and a not-for-profit child and youth care resource as defined in the Child and Youth Well-Being Act are”.

32( 2) Subsection 7(3) of the Regulation is repealed and the following is substituted:

7( 3) A person is exempt from paying the fee under paragraph (1)(d) if the food premises is operated by a person as part of

(a) an early learning and childcare facility licensed by the Minister of Education and Early Childhood Development under the Early Childhood Services Act,

(b) a community placement residential facility approved by the Minister of Education and Early Childhood Development or the Minister of Social Development under the regulations made under the Family Services Act, or

The Residential Tenancies Act

33 Subsection 1(1) of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended in paragraph (b) of the definition “premises” by adding after subparagraph (viii) the following:

( viii.1) living accommodations located in a child and youth care resource as defined in the Child and Youth Well-Being Act,

Tobacco Damages and Health Care Costs Recovery Act

34 Subsection 1(1) of the Tobacco Damages and Health Care Costs Recovery Act, chapter T-7.5 of the Acts of New Brunswick, 2006, is amended in paragraph (c) of the definition “health care benefits” by striking out “and Family Services Act” and substituting “, Family Services Act and Child and Youth Well-Being Act”.

Vital Statistics Act

35( 1) Subsection 24(6) of the Vital Statistics Act, chapter V-3 of the Acts of New Brunswick, 1979, is amended by striking out “Part V.1 of the Family Services Act” and substituting “Part 7 of the Child and Youth Well-Being Act”.

35( 2) Paragraph 25(b) of the Act is amended by striking out “Part V of the Family Services Act” and substituting “Part 6 of the Child and Youth Well-Being Act”.

Regulation under the Vital Statistics Act

36 New Brunswick Regulation 87-30 under the Vital Statistics Act is amended

(a) in paragraph 11.5(e) by striking out “Family Services Act” and substituting “Family Services Act or the Child and Youth Well-Being Act”;

(b) in paragraph 11.6(e) by striking out “Family Services Act” and substituting “Family Services Act or the Child and Youth Well-Being Act”.