First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 55

AN ACT RESPECTING

SECURE WITHDRAWAL MANAGEMENT

FOR YOUNG PERSONS

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

JOHN HAGGIE

Minister of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

The Bill would enact the Secure Withdrawal Management Act to

provide for the treatment, care, supervision and support of young persons suffering

from drug addiction in a secure environment.

A BILL

AN ACT RESPECTING SECURE WITHDRAWAL

MANAGEMENT FOR YOUNG PERSONS

Analysis

Short title

Interpretation

PART

PURPOSE AND GENERAL PRINCIPLE

Purpose and effect

General principle

PART

ORDERS RESPECTING SECURE WITHDRAWAL MANAGEMENT

Admission only on order

Secure withdrawal management order

Order by judge

Notice

Process

Peace officer's authority re: order

Admission to medical facility

Young person not apprehended

Renewal of secure withdrawal management

order

Renewal of orders generally

Expiration of orders

Calculation of time where young person

absconds

Rights of young person

Procedural rights of detained young

person

Rights advisor

Functions of rights advisor

Notice to rights advisor

Appeal

Manager may authorize absence

Release of young person

Ongoing assessment

PART

III

PROCEEDINGS

Proceedings and evidence

Appearance in court

Application to be heard

Publication ban

Participation by young person

Variation of notice requirements

Service of documents

PART

GENERAL

Care and treatment plan

Confidentiality of information

Protection from liability

Statutory review

Regulations

Regulations

Forms

SNL2008 cP-7.01 Amdt.

NLR 28/07 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Secure Withdrawal

Management Act.

Interpretation

(1) In

this Act

(a) "alcohol" means alcohol as defined

in the Liquor Control Act;

(b) "child and youth advocate" means the

Child and Youth Advocate appointed under the Child and Youth Advocate Act ;

(c) "court" means, unless the context

indicates otherwise, the Provincial Court of Newfoundland and Labrador

and includes a judge of the Provincial

Court ;

(d) "department" means the department

presided over by the minister;

(e) "drug" means

(

i) alcohol, or

(ii) a substance, other than a tobacco product

(

A) the use of which is controlled by law, or

(

B) which is used by a young person in a manner

which is not intended by the manufacturer of the substance;

(f) "facility" means a building or part

of a building designated by the minister in the regulations as a secure withdrawal

management facility;

(g) "guardian" means a person, including

a manager appointed under the Children

and Youth Care and Protection Act , to

whom custody of the young person has been granted by a court of competent

jurisdiction or by an agreement;

(h) "judge" means, unless the context

indicates otherwise, a Provincial

Court judge appointed under the Provincial

Court Act, 1991 , and includes the chief judge;

(i) "manager" means a manager of a

facility and includes his or her lawful delegates;

(j) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(k) "parent" means

(

i) the custodial mother or father of a young person,

(ii) the non-custodial parent of a young person who

regularly exercises or attempts to exercise rights of access;

(l) "peace officer" means a member of

the Royal Canadian Mounted Police, a member of the Royal Newfoundland

Constabulary, or a person approved by the Attorney General to perform the

duties of a peace officer;

(m) "rights advisor" means a rights advisor

appointed by the minister under

section 19 ;

(n) "secure withdrawal management" means

care, support and medical treatment of a young person with drug addiction detained

in a facility during a drug-free period in a safe and secure environment which would

allow the young person to decide, while not under the acute influence of drugs,

whether to accept treatment for drug addiction; and

(o) "young person" means a person who is

12 years of age or over but under 18 years of age.

(2) Notwithstanding paragraph (1)(o), where a young

person reaches the age of 18 years during the time he or she is detained under

the authority of an order made under this Act, the order is not invalidated and

it shall continue in force until it expires or the young person is otherwise

released in accordance with this Act.

(3) A person who has a duty to inform or to advise

under this Act satisfies that duty by informing or advising another to the best

of his or her ability and in a manner that addresses the special needs of the

person receiving the information or advice, whether or not that person

understands the information or advice.

(4) A facility is not

(

a) a psychiatric unit for the purpose of the Mental Health Care and Treatment Act ; or

(

b) a youth custody facility for the purpose of

the Youth Criminal Justice Act ( Canada ).

PART I

PURPOSE AND GENERAL PRINCIPLE

Purpose and

effect

(1) The

purpose of this Act is

(

a) to provide for the assessment, treatment, care

and supervision of young persons with drug addiction and to provide a secure

place for those young persons to withdraw from drugs and to receive medical and

other treatment required for withdrawal from drugs;

(

b) to prevent young persons with drug addiction

from causing harm to themselves or another, from suffering substantial mental

health or physical deterioration or serious mental or physical impairment;

(

c) to provide for the apprehension, conveyance, detainment,

custody, restraint, observation, assessment, medical treatment, stabilization, care

and supervision of young persons by means that are the least restrictive and

intrusive for the achievement of the purposes set out in paragraphs (

a) and

(b); and

(

d) to provide for the rights of young persons

apprehended, detained, restrained, admitted, assessed, treated, stabilized, cared

for and supervised under this Act.

(2) Nothing in this Act shall be considered to

affect the rights or privileges of a young person except as specifically set

out in this Act.

(3) The rights and obligations of a parent or

guardian with respect to a young person under the common law, the Children and Youth Care and Protection Act or

under another Act of the Legislature are not affected by the coming into force

of this Act, except as specifically provided in it.

(4) The parent or a guardian of a young person who

is the subject of a secure withdrawal management order under this Act at all

times retains the right to be consulted and informed of any medical treatment

or care related to the withdrawal from drugs provided to a young person under

the authority of this Act.

General principle

(1) This

Act shall be interpreted and administered in accordance with the principle that

the overriding and paramount consideration in a decision made under this Act

shall be the best interests of the young person.

(2) In determining a young person's best

interests, all relevant factors shall be considered, including

(

a) the young person's safety, health and

well-being;

(

b) the young person's physical, emotional and

developmental needs;

(

c) the young person's relationship with family or

a person significant to the young person;

(

d) the young person's identity and cultural and

community connections; and

(

e) the young person's opinion regarding his or

her medical treatment, care and the provision of services.

PART II

ORDERS RESPECTING SECURE WITHDRAWAL MANAGEMENT

Admission only on

order

5. A

young person may only be admitted to and detained in a facility for a period of

secure withdrawal management under the authority of an order under this Act.

Secure withdrawal

management order

(1) A

manager may apply to court for a secure withdrawal management order where the

manager reasonably believes, based on all relevant information including

information from health care professionals, that a young person satisfies all

of the criteria referred to in subsection (4).

(2) A manager shall obtain the consent of the

young person's parent or guardian before making an application under subsection

(1), and where the consent of one parent or guardian has been obtained, the

court may dispense with the consent of any other parent or guardian of the

young person.

(3) An application may be made under this

section

without notice to another person and may be joined with another application that

may be made under this Act.

(4) All of the following shall be met for an order

for secure withdrawal management to be made:

(

a) the young person is abusing one or more drugs

severely and persistently and, as a result, is likely to deteriorate substantially

either physically or psychologically;

(

b) the young person is likely to cause harm to

himself or herself or others if he or she is not detained for a period of secure

withdrawal management;

(

c) a period of secure withdrawal management is

likely to reduce the risk of the young person causing harm to himself or

herself or to another person or from suffering substantial physical or

psychological deterioration;

(

d) the young person is in need of a period of

secure withdrawal management to facilitate the young person's supervised

withdrawal from drugs;

(

e) the young person is unable to fully appreciate

the nature and consequences of his or her drug addiction or to make an informed

decision regarding cessation of drug abuse and the need for treatment related

to withdrawal from drugs;

(

f) other available interventions are inadequate

in the circumstances; and

(

g) the order is in the best interests of the

young person.

(5) Before a judge makes a determination whether

to issue a secure withdrawal management order, the judge may order that the

young person who is the subject of the application be apprehended by a peace

officer under the authority of

section 10 and

conveyed to a medical facility or another facility prescribed in the

regulations for the purpose of conducting an assessment to determine if that

young person meets the criteria referred to in paragraph (4)(e).

(6) An assessment to determine whether a young

person satisfies the requirements of paragraph (4)(

e) shall be conducted by a

physician, an addictions specialist or another person approved by the minister

in the regulations.

(7) The detainment of a young person under the authority

of an order made under subsection (5) shall not exceed 24 hours.

Order by judge

(1) Where

a judge is satisfied that the young person who is the subject of the

application for a secure withdrawal management order satisfies all of the

criteria referred to in subsection 6 (4), the

judge may grant a secure withdrawal management order and order that the young

person who is the subject of the order be

(

a) apprehended; and

(

b) conveyed to a facility and detained there

until released in accordance with the order.

(2) An order for secure withdrawal management shall

be made for not less than 5 days and not more than 10 days.

(3) A secure withdrawal management order issued

under the authority of this Act

(

a) authorizes a peace officer to apprehend a

young person in the manner referred to in

section 10 ;

and

(

b) authorizes the provision of support and assistance,

including medical treatment, to a young person that is reasonably necessary for

the young person to safely withdraw from drugs.

(4) In addition to making an order for secure

withdrawal management, a judge who is satisfied on oath or affirmation that

there are reasonable grounds to believe that a young person is or will be

present in the premises named in the order may make an order authorizing a

peace officer to enter the premises, by reasonable force if necessary, and

search for the young person who is the subject of the order for secure

withdrawal management.

(5) A peace officer shall apprehend, convey and

detain a young person.

(6) Notwithstanding subsection (5), nothing in

this

section precludes a parent, guardian or other person authorized by the

court from conveying a young person to a facility or another appropriate place

set out in the regulations.

(7) Where

a young person who is the subject of a secure withdrawal management order

absconds from a facility and it is not known whether that young person is

present at the premises referred to in the original secure withdrawal management

order, a judge who is satisfied on oath or affirmation that there are

reasonable grounds to believe that the young person will be present at a

premises other than the one referred to in the original secure withdrawal

management order may make an order authorizing a peace officer to enter that

other premises, by reasonable force if necessary, and search for the young

person.

(8) An order under subsection (7) authorizes a

peace officer to apprehend a young person in the manner referred to in

section 10 .

Notice

(1) Where

an application for an order or an application for renewal of an order is made,

notice shall be served on the following persons:

(

a) the young person respecting whom the

application is made;

(

b) the parent or guardian of the young person; and

(

c) those other persons that the court may direct.

(2) Where an order is made further to an

application or an application for renewal, the persons referred to in

subsection (1) shall be given a copy of that order.

Process

(1) An

application for a secure withdrawal management order shall be in writing, in a form

approved by the minister.

(2) Where it would not be practical to appear in

person before a judge to apply for an order, the court may consider an application

by telephone, videoconference or other means of telecommunication.

(3) A manager who submits an application in the

manner contemplated in subsection (2) shall

(

a) have the application and any other documents

used in evidence in his or her possession while speaking with the judge on the

telephone or other means of telecommunication;

(

b) communicate the contents of the application

and other documents to the judge by telephone or by other means of

telecommunication satisfactory to the judge; and

(

c) send the application and other documents to

the judge promptly in the manner prescribed in the regulations.

(4) The court may administer an oath to a person

and receive the person's evidence by telephone if the oath and evidence are

recorded word for word.

(5) Notice of the time and place of a hearing of

an application shall be served not later than 2 clear days after the date for

holding the hearing is obtained from the court.

Peace officer's

authority re: order

(1) An

order under this Act is authority for a peace officer to apprehend the young

person named in the order and to convey him or her to a facility or an

appropriate place.

(2) A peace officer is authorized to enter, by

reasonable force, any premises referred to in subsection 7 (4) as authorized by an order made under that

subsection, to search for, apprehend, detain and convey the young person to a

facility or an appropriate place.

(3) A young person who is apprehended and detained

under a secure withdrawal management order shall be conveyed to a facility or

an appropriate place as soon as practicable and by the least intrusive means possible

without compromising the safety of that young person or the public.

(4) When the peace officer apprehends the young

person, the peace officer shall promptly inform the young person

(

a) of the reason for the apprehension and where

he or she is being taken;

(

b) that he or she is being taken to a facility

for a period of secure withdrawal management;

(

c) that he or she has the right to contact a

parent or guardian; and

(

d) that he or she has the right to retain and

instruct counsel without delay, and the peace officer shall give the young

person a reasonable opportunity to do so.

(5) Where a young person has been detained in a

facility or an appropriate place under the authority of an order but he or she

absconds from that facility or an appropriate place, a peace officer may, under

the authority of the original order or an order granted under the authority of

subsection 7 (7), exercise the powers and duties

under this

section to apprehend the young person and return him or her to the

facility or an appropriate place.

(6) Where a young person has absconded from a facility

or an appropriate place and is not apprehended, the order to which that young

person is subject shall expire 7 days after the day the young person absconded

and the young person shall be considered to have been discharged from the

facility or the appropriate place.

Admission to medical

facility

(1) Notwithstanding

subsection 10 (3), where an order has been made

by a judge but, in the opinion of a physician the young person who is named in

the order requires medical treatment or other health care services that cannot

be provided in a facility, the young person may be detained and treated at

another place and shall be admitted to the facility when the treatment is

concluded, provided that the period of secure withdrawal management authorized

by the order has not expired.

(2) Where a young person is detained in another

place under subsection (1), the person in charge of the place where the young person

is detained has, in addition to the powers conferred upon him or her by

an Act

respecting that place, the powers and duties of a manager under this Act in

respect of the custody and control of the young person and the young person

shall be considered to continue as detained under an order made under this Act

in the same manner and to the same extent as if he or she were detained in a facility.

Young person not

apprehended

12 . Where

an order has been made under this Act but the young person who is the subject

of the order is not apprehended under the authority of that order within 7

days, the order is rescinded at the end of the seventh day after it was issued.

Renewal of secure

withdrawal management order

(1) Before

the expiration of a secure withdrawal management order, a manager may apply to

court, with the consent of the young persons parent or guardian for the

renewal of that order where the manager reasonably believes that the young

person satisfies all of the criteria referred to in subsection (2), and where a

judge is satisfied that the young person does satisfy all of those criteria,

the judge may grant a renewal of the secure withdrawal management order.

(2) The criteria which shall be considered

respecting an application for and granting of the renewal of a secure withdrawal

management order are as follows:

(

a) all of the criteria referred to in subsection 6 (4), with the necessary changes, continue to be satisfied;

(

b) the young person continues to require

supervision during withdrawal from a drug;

(

c) the young person has not engaged in an

appropriate care and treatment plan; and

(

d) without a secure environment, the young person

is still at risk of harm to self or others.

(3) An order for secure withdrawal management may

be renewed for an additional period of up to 10 days, and this Act applies as

if the renewal order were a new order.

Renewal of orders

generally

(1) An

order for secure withdrawal management may only be renewed once.

(2) An application for the renewal of a secure withdrawal

management order does not affect a validly made order for secure withdrawal management

which has not expired at the time the application for renewal is made.

(3) There is no limit to the number of

applications which may be made or the number of times an order for secure

withdrawal management may be granted under this Act.

Expiration of

orders

15. An

order for secure withdrawal management expires at the end of the time period

referred to in it unless, before then, it is

(

a) rescinded in accordance with

section 12 ;

(

b) renewed under

section 13 ; or

(

c) terminated

(

i) by a manager under a written authorization in

the order for secure withdrawal management, or

(ii) by decision of an appeal court under

section 22 .

Calculation of time

where young person absconds

16. Where

a young person who has been detained in a facility under an order for secure withdrawal

management absconds from the facility and is apprehended and returned to the

facility,

(

a) the young person may be detained for the

remainder of the authorized period of secure withdrawal management to which the

young person was subject when his or her absence was discovered; and

(

b) the time during which he or she was absent

from the facility shall not be calculated as detained time for the purpose of

the order.

Rights of young

person

(1) As

soon as practicable, but no later than 12 hours after the young person arrives

at a facility or an appropriate place, a manager shall advise that young person

of his or her rights including the following:

(

a) the right to contact a parent or guardian;

(

b) the right to retain and instruct a lawyer, and

a manager shall give the young person a reasonable opportunity to do so;

(

c) the telephone number for a lawyer;

(

d) the telephone number for the child and youth advocate;

(

e) the right to contact a rights advisor;

(

f) the telephone number of a rights advisor;

(

g) the right to be advised of the reasons for the

order to which the young person is subject;

(

h) the right to be provided with the appropriate

medical treatment reasonably necessary to withdraw from drugs while at a facility

or an appropriate place; and

(

i) the right to appeal the order for secure withdrawal

management.

(2) A young person shall be provided with a copy

of the order to which he or she is subject.

(3) Where the young person does not appear able to

understand the information provided under this

section at the time it is

provided, the manager shall ensure that the information is repeated at the request

of the young person and again as soon as the young person appears able to

understand it.

Procedural rights

of detained young person

(1) A

young person who has been detained under a secure withdrawal management order

shall not be denied

(

a) the right to consult and instruct his or her

legal counsel in private at any time either in person or by other means;

(

b) access to a telephone to make or receive

calls;

(

c) access to his or her parents or guardians at

all reasonable times;

(

d) access to visitors during scheduled visiting

hours;

(

e) access to a rights advisor; and

(

f) access to materials and resources necessary to

write and send correspondence, including electronic correspondence, and reasonable

access to correspondence that has been sent to the young person.

(2) The rights referred to in paragraphs (1)(

b) to

(

f) may be subject to the reasonable limits that are prescribed in the

regulations.

(3) A manager shall ensure that a young person is

provided, at the time of admission, with an oral explanation of, and a written

statement setting out, the rights referred to in subsection (1) and that a notice

of those rights is prominently displayed in the facility.

(4) Where a young person does not understand or

speak the language in which the information referred to in this

section is

provided, the manager shall ensure that the young person is provided with the

assistance of an interpreter.

Rights advisor

(1) The

minister may appoint one or more rights advisors in accordance with the

regulations.

(2) A rights advisor shall not be a person who is

(

a) involved in the direct care of the young

person to whom the rights advice is to be given; or

(

b) providing care and supervision in accordance

with an order made under this Act.

Functions of rights advisor

(1) The

rights advisor may offer advice and assistance in accordance with this Act to a

young person who is the subject of an order for secure withdrawal management.

(2) The rights advisor shall

(

a) meet in person or by other means as soon as

possible with a young person and in any event within 24 hours of the young persons

arrival at a facility or other appropriate place or within 24 hours of a

renewal of an order and meet after that at the request of the young person or

as required by this Act or the regulations;

(

b) contact a young person within 72 hours of the

meeting referred to in paragraph (

a) unless the young person contacts the

rights advisor first;

(

c) explain the significance of an order for

secure withdrawal management or the renewal of an order for secure withdrawal

management to the young person who is subject to the order;

(

d) explain the young person's rights under this

Act, including the young person's right to appeal the order to which he or she

is subject;

(

e) communicate information in a neutral,

non-judgmental manner;

(

f) maintain confidentiality;

(

g) at the request of the young person, assist the

young person in contacting the child and youth advocate;

(

h) at the request of the young person, assist the

young person in obtaining legal counsel;

(

i) at the request of the young person, accompany

the young person to court for a proceeding under this Act;

(

j) meet with the parent or guardian of a young

person who is subject to a secure withdrawal management order where so

requested by the parent or guardian; and

(

k) perform other functions prescribed by the

regulations.

Notice to rights

advisor

21. A

manager shall ensure that the rights advisor is given notice

(

a) of an order detaining a young person in a

facility;

(

b) of the cancellation, expiration, variation or

renewal of an order for secure withdrawal management and the release of a young

person from a facility;

(

c) of an appeal to the court under

section 22 ;

(

d) where a young person absconds from a facility;

and

(

e) where a young person is treated in a medical

facility under

section 11 .

Appeal

(1) An

application to the Trial Division to appeal a decision of the court under this

Act may be made by

(

a) the young person respecting whom the order was

made;

(

b) the manager; or

(

c) any other person, with leave of the court.

(2) An

appeal to the court shall be heard within 2 clear days after the application to

appeal is filed, or within any shorter or longer period that may be ordered by

the court, taking into consideration the period of secure withdrawal management

authorized in the order.

(3) The

applicant shall give notice of the appeal to the following:

(

a) the young person respecting whom the order was

made;

(

b) the parent or guardian of the young person;

(

c) the manager; and

(

d) any other person that the court requires to be

given notice.

(4) Notice of the time and place of a hearing of

an appeal shall be served not later than one day after the date for holding the

hearing is obtained from the court.

(5) Where

the court is satisfied that it is appropriate to do so, the court may dispense

with notice to a person referred to in subsection (3).

(6) After

hearing an appeal under this section, the court may make an order varying, confirming

or terminating the order.

(7) A copy of an order made further to an appeal

under this

section shall be given to the persons referred to in subsection 8 (1), or otherwise as the court may direct.

(8) An appeal under this

section does not stay the

order being appealed unless the Trial Division orders otherwise.

Manager may

authorize absence

(1) Where

a young person has been admitted to a facility under an order for secure withdrawal

management, the young person may only be absent from the facility for medical or

compassionate reasons

(

a) where his or her parent or guardian has

consented to the absence; and

(

b) where the absence has been approved by the

manager.

(2) A copy of the authorization to be absent shall

be given to the young person, and to his or her parent or guardian.

(3) Where an absence is authorized under

subsection (1),

(

a) the order for secure withdrawal management is

unaffected and the provisions of this Act continue to apply, with the necessary

changes, to a young person whose absence has been authorized under that subsection;

and

(

b) the time period for which the order for secure

withdrawal management has been made is unaffected by the young person's

absence.

Release of young

person

24 .

(1) Where

an authorized period of secure withdrawal management has expired and a renewal order

has not been issued, the manager shall ensure that the young person is promptly

informed that his or her status as a young person subject to a secure

withdrawal management order is terminated and that he or she has the right to

leave the facility, subject to a detention that is lawfully authorized under another

Act.

(2) Where an authorized period of secure

withdrawal management has expired and a renewal order has not been issued the manager

of a facility shall release the young person as soon as reasonably possible,

(

a) to the young person's parent or guardian; or

(

b) with the consent of the young persons parent

or guardian, to another responsible adult as determined in accordance with the

regulations.

Ongoing

assessment

(1) Notwithstanding

another provision of this Act, during a period of secure withdrawal management

authorized by a secure withdrawal management order, a manager shall

(

a) require the assessment of a young person on an

ongoing basis; and

(

b) require the assessment of the young person at

the young person's request, except where an assessment has been conducted in

the immediately preceding 24 hours,

in order to determine whether the criteria

set out in

section 13 continue to be met.

(2) Where, as a result of an assessment referred

to in subsection (1), the manager is satisfied that the criteria referred to in

section 13 do not continue to be met,

(

a) the manager shall make an application for

termination of the order; or

(

b) where authorized to do so in the order, the

manager shall release the young person, subject to this Act and a detention

that is lawfully authorized under another Act.

(3) A copy of the authorization for release shall

be given to the young person and his or her parent or guardian.

(4) An authorization to release shall be in

writing.

(5) An authorization to release terminates the

order only where authorized to do so under the order.

(6) This

section applies, with the necessary

changes, to new orders and renewal of secure withdrawal management orders under

this Act.

PART III

PROCEEDINGS

Proceedings and

evidence

(1) A

proceeding under this Act

(

a) is civil in nature;

(

b) may be as informal as a judge may allow; and

(

c) shall be held in private, unless otherwise

ordered by the judge.

(2) In a proceeding under this Act, a judge may

admit and act upon

(

a) the evidence, including hearsay, that the

judge considers relevant and reliable in the circumstances;

(

b) an oral statement which has been video-taped;

(

c) a written statement;

(

d) a report the judge considers relevant,

including a transcript, exhibit or finding in an earlier civil or criminal

proceeding; and

(

e) evidence taken at a prior proceeding under

this Act or under a similar statute.

(3) Unless otherwise specified in this Act, the Provincial

Court

Family Rules, 2007 apply to a proceeding under this Act.

Appearance in court

27. A

manager may appear in court in respect of a matter arising under this Act.

Application to be

heard

28. A

person significant to a young person including that young persons parent or

guardian may apply to be heard at a proceeding under this Act.

Publication ban

(1) A

person shall not, with respect to a proceeding under this Act, publish or make

public information that has the effect of identifying

(

a) a young person who is a witness at or a

participant in a proceeding or who is the subject of a proceeding;

(

b) the young person's parent or guardian; or

(

c) a member of the young person's family.

(2) A person who contravenes subsection (1) is

guilty of an offence and is liable on

summary conviction to a fine not exceeding

$2,000.

Participation by young

person

30. A

young person who is the subject of a proceeding under this Act is a party to

that proceeding and, in addition to his or her rights as a party, where the

young person requests that his or her views be known at the proceeding, a judge

shall allow the young person to participate in one or more of the following

ways:

(

a) by meeting with the young person with or without

the other parties and their legal counsel;

(

b) by permitting the young person to testify at

the proceeding;

(

c) by considering written material submitted by

the young person; or

(

d) by allowing the young person to express his or

her views in some other way.

Variation of

notice requirements

31. A

judge may

(

a) shorten the time period to serve a notice

under this Act; or

(

b) dispense with a requirement to serve notice of

a proceeding under this Act.

Service of documents

(1) Where

a manager or another person is required under this Act to serve a document,

service shall be made by personally serving a copy of the original document on

the person to be served.

(2) Where it is impractical to personally serve a

document on a person, the document may be served in another manner permitted by

the Rules of the Supreme Court, 1986

or the Provincial Court Family Rules, 2007 .

(3) Personal service under subsection (1) may be

proved by a written or oral statement under oath by the person who served the

document.

PART IV

GENERAL

Care and

treatment plan

33. While

a young person is detained in a facility, the manager shall

(

a) provide the young person with the treatment, care,

supervision and services that are considered appropriate in the circumstances

in keeping with the purpose of this Act and the order to which the young person

is subject;

(

b) provide for ongoing assessments of the young

person by a person referred to in subsection 6

(6) or the regulations made by the minister; and

(

c) develop, in collaboration with the young

person if reasonably possible, a care and treatment plan that the young person

may follow after he or she is released from the facility.

Confidentiality

of information

(1) A

person employed in the administration of this Act shall maintain

confidentiality with respect to all matters that come to his or her knowledge

in the course of that person's employment and shall not communicate the matters

to another person, including a person employed by the government, except as

provided in subsection (2).

(2) Notwithstanding subsection (1) and the Personal Health Information Act , a

manager may disclose information

(

a) to the parent or guardian of the young person

or to another person, where that disclosure is, in the opinion of the manager,

in the best interests of the young person to whom the information relates; or

(

b) as otherwise authorized by the regulations.

(3) Subsections (1) and (2) do not preclude the

release of information by a custodian in accordance with the Personal Health Information Act .

(4) Information released under this

section shall

only be used for the purpose for which it was released.

(5) The department or an authority as defined in

the Regional Health Authorities Act is

not liable for damages caused to a person

as a result of the release of information under subsection (2).

Protection from

liability

35. A

manager or other person acting under the authority of this Act is not

personally liable for anything done or omitted to be done in good faith in the

exercise or performance, or intended exercise or performance, of

(

a) a power, duty or function conferred upon him

or her by this Act; or

(

b) a power, duty or function on behalf of or

under the direction of a person on whom the power, duty or function is conferred

by this Act,

or for the costs in connection with an

action or proceeding.

Statutory review

36. The

minister shall, every 5 years, conduct a review of this Act and the principles

on which it is based and consider the areas which may be improved.

Regulations

37. The

Lieutenant-Governor in Council may make regulations

(

a) respecting secure withdrawal management orders

and orders which may be made under subsection 7 (7),

including governing the procedures for applying for an order, making an order

and appealing an order;

(

b) respecting the detainment of a young person

and the manner of assessing that young person in order to make a determination

under subsection 6 (5);

(

c) respecting the manner in which a manager shall

assess referrals where an application for secure withdrawal management may be

made;

(

d) respecting the manner in which documents may

be sent to a judge under

section 9 ;

(

e) respecting the issuance and content of secure withdrawal

management orders;

(

f) respecting the authority, including the limits

of authority, of peace officers in the apprehension, detainment and conveyance of

young persons under this Act;

(

g) respecting the other functions which may be

performed by rights advisors under this Act;

(

h) respecting the form and content of a written

authorization to release a young person from a facility;

(

i) respecting the manner in which a responsible

adult to whom a young person may be released under

section 24 is determined;

(

j) respecting the reasonable limits on rights

recognized under this Act;

(

k) respecting the manner in which an order for

secure withdrawal management or the denial or renewal of it may be appealed

under this Act;

(

l) respecting the confidentiality of information

obtained under this Act, the manner in which it may be shared and with whom;

and

(

m) generally, to give effect to the purpose of

this Act.

Regulations

38. The

minister may make regulations

(

a) respecting a person who may conduct

assessments referred to in subsection 6 (6) and

that persons required qualifications;

(

b) respecting the medical or other facility at

which a young person may be detained under the authority of

section 6 ;

(

c) designating an appropriate place for

detainment of young persons under this Act; and

(

d) designating a building or part of a building

as a facility.

Forms

39. The

minister may set forms for the purpose and administration of this Act.

SNL2008 cP-7.01

Amdt.

40. (1) Paragraph 2(1)(

i) of the Personal Health Information Act is repealed

and the following substituted:

(i) "health care facility" means a

facility that provides in-patient health care, including a hospital, a

psychiatric unit under the Mental Health

Care and Treatment Act , a facility under the Secure Withdrawal Management Act , a personal care home, a community

care home, a long-term care home or other facility designated in the

regulations;

(2) Subsection 4(1) of the Act is amended by

adding immediately after subparagraph (

n) the following:

(n.1) a rights advisor under the Secure Withdrawal Management Act ;

(3) Subsection 29(2) of the Act is amended by

deleting the word "and" at the end of paragraph (b), and by adding

immediately after that paragraph the following:

(b.1) the individual is the subject of a secure

withdrawal management order under the S ecure

Withdrawal Management Act ; and

(4) Section 34 of the Act is amended by adding

immediately after paragraph (

n) the following:

(n.1) where the custodian is a person referred to in

paragraph 4 (1)(n.1), for the performance of a

function referred to in

section 20 of the Secure Withdrawal Management Act ;

(5) Paragraph 37(1)(

a) of the Act is amended by

deleting the word "or" at the end of subparagraph (i), deleting the

semi-colon at the end of subparagraph (ii) and substituting a comma and the

word "or", and by adding immediately after that subparagraph the following:

(iii) the individual is subject to a secure

withdrawal management order under the Secure

Withdrawal Management Act ; or

(6) Subsection 39(1) of the Act is amended by

adding immediately after paragraph (

g) the following:

(g.1) for the purpose of determining whether

criteria under

section 6 of the Secure Withdrawal Management Act are

met;

(7) Subsection 40(2) of the Act is repealed and

the following substituted:

(2) A custodian may disclose personal health

information without the consent of the individual who is the subject of the

information to the superintendent of a correctional facility in which the

individual is lawfully detained, to the administrator of a psychiatric unit in

which the individual is detained or to a manager under the Secure Withdrawal Management Act to assist the facility, unit or

manager in making a decision respecting

(

a) arrangements for the provision of health care

to the individual who is the subject of the information; or

(

b) the placement of the individual into custody,

detention, secure withdrawal management, release, conditional release,

discharge or conditional discharge under the Mental Health Care and Treatment Act, the Secure Withdrawal Management Act, the Prisons Act , the Young

Persons Offences Act and regulations under that Act,

Part XX.1 of the Criminal Code , the Prisons and Reformatories Act (Canada) and the Youth Criminal Justice Act (Canada) .

(8) Subsection 58(4) of the Act is repealed and

the following substituted:

(4) Notwithstanding subparagraph (2)(d)(i), an

individual shall not be refused access to

(

a) a certificate of involuntary admission or a

community treatment order issued under the Mental

Health Care and Treatment Act in respect of that individual; or

(

b) a secure withdrawal management order issued

under the Secure Withdrawal Management

Act in respect of that individual.

NLR 28/07 Amdt.

Section 1.02(1) of the Provincial Court Family Rules, 2007 is amended by deleting the word

"and" at the end of paragraph (h), deleting the period at the end of

paragraph (

i) and substituting a semi-colon and the word "and", and

by adding immediately after that paragraph the following:

(

j) Secure

Withdrawal Management Act .

Commencement

42. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Queen's Printer