BILL 21

An Act to Amend the Child and Youth Well-Being Act

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

1 Subsection 47(3) of the Child and Youth Well-Being Act, chapter 35 of the Acts of New Brunswick, 2022, is amended

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

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

(b.1)  enter into an agreement, including a custody agreement or a guardianship agreement, with the parent of the child or youth to ensure the well-being of the child or youth is protected without returning the child or youth to the care of the parent; or

2( 1) An agreement entered into from January 26, 2024, to the date of the commencement of this Act, both dates inclusive, by the Minister of Social Development within five days after providing protective care interventions, including a custody agreement or a guardianship agreement, with the parent of a child or youth without returning the child or youth to the care of the parent is deemed

(a)  to be an agreement entered into under paragraph 47(3)(b.1) of the Child and Youth Well-Being Act; and

(b)  to have been validly entered into by the Minister of Social Development under that paragraph.

2( 2) Any act or thing done from January 26, 2024, to the date of the commencement of this Act, both dates inclusive, by the Minister of Social Development 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 paragraph 47(3)(b.1), is deemed to constitute a valid exercise or performance of the power, duty, function, responsibility or authority and is confirmed and ratified.

2( 3) Any agreement referred to in subsection (1) that at the time of the commencement of this section had not expired or terminated is valid and effective.

2( 4) No action, application or other proceeding to question or in which is questioned the validity of the authority of the Minister of Social Development to act under subsection (2) lies or shall be instituted against the Crown in right of the Province or the Minister of Social Development if the Minister acted in good faith in doing the act or thing.

3 Section 1 of this Act is deemed to have come into force on January 26, 2024.