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SNL2021

CHAPTER A-4.02

ADULT PROTECTION ACT, 2021

Amended:

2022 cP-30.1 s41

CHAPTER A-4.02

AN ACT RESPECTING THE PROTECTION OF ADULTS

(Assented to November 16, 2021)

Analysis

Short title

Definitions

PART I

APPLICATION AND SERVICE PRINCIPLES

Labrador Inuit rights

Application

Adult in need of protective intervention

Presumption

Right to be heard

Service principles

Provincial director

Directors

Statutory review

PART II

ADULT IN NEED OF PROTECTIVE INTERVENTION

Reporting required

Evaluation

Investigation may be directed

Investigators

Investigation

Warrant re: entry

Telewarrant

Production of documents

Temporary order assessment, residency and supervision

Temporary order - financial

Temporary orders - general

Action following investigation

Application for declaration

Order of court

Emergency intervention

Emergency intervention financial affairs

Appeal

Proceedings

PART III

GENERAL

Service plan

Review committee

Right to information

Documentation and confidentiality

Review

Good faith protection

Protection of employee from reprisal

Offences

Regulations

PART IV

TRANSITIONAL, REPEAL AND COMMENCEMENT

Transitional

SNL2015 cA-1.2 Amdt.

SNL1995 cA-4.1 Amdt.

SNL2005 cF-3.1 Amdt.

RSNL1990 cJ-4 Amdt.

RSNL1990 cM-10 Amdt.

SNL2014 cM-16.2 Amdt.

SNL2008 cP-7.01 Amdt.

SNL2011 cA-4.01 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

This Act may be cited as the Adult Protection Act, 2021.

2021 cA-4.02 s1

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Definitions

In this Act

(a)

"abuse" means the deliberate mistreatment of an adult that causes or is reasonably likely, within a short period of time, to cause the adult

(

i) serious physical, psychological or emotional harm, or

(ii)

substantial damage to or substantial loss of real or personal property, including financial assets

and includes intimidation, humiliation and sexual assault;

(b)

"adult" means a person who is not a child or youth within the meaning of the Children, Youth and Families Act;

(c)

"adult in need of protective intervention" means an adult in need of protective intervention referred to in

section 5;

(d)

"authority" means

the Provincial Health Authority established under the Provincial Health Authority Act

(e)

"co-habiting partner" means either o f 2 persons who have co-habited in a conjugal relationship outside of marriage for a period of at least one year;

(f)

"court", unless otherwise specified, means theProvincial Courtor the Supreme Court;

(g)

"department" means t he department presided over by the minister;

(h)

"director" means a person appointed by the authority under

section 10 who has responsibilities under this Act;

(i)

"health care professional" means a health care professional designated in the regulations;

(j)

"judge" , unless otherwise specified, means aProvincial Courtjudge or a judge of the Supreme Court;

(k)

"minister" means the minister appointed under the Executive Council Act

to administer this Act;

(l)

"neglect" means the failure to provide care, assistance, guidance or attention to an adult that causes, or is reasonably likely, within a short period of time, to cause to the adult serious physical, psychological or emotional harm or substantial damage to or substantial loss of real or personal property, including financial assets;

(m)

"next of kin" means , in order of priority, the adult in need of protective intervention's

(

i) spouse or co-habiting partner,

(ii)

children,

(iii)

parents or guardian, or

(iv)

siblings;

(n)

"peace officer" means a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police and includes a person approved by the Attorney General to perform the duties of a peace officer;

(o)

"provincial director" means the Provincial Director of Adults in Need of Protective Intervention referenced in

section 9;

(p)

"public body" means a public body as defined in the Access to Information and Protection of Privacy Act, 2015

(q)

"reprisal" means one or more of the following measures taken against an employee because the employee has, in good faith, made a report or participated in an investigation

required under this Act:

(

i) a disciplinary measure,

(ii)

a demotion,

(iii)

termination of employment,

(iv)

a measure that adversely affects the employee's employment or working conditions, or

(

v) a threat to take a measure referred to in subparagraphs (

i) to (iv);

(r)

"self-neglect" means the failure of an adult to take adequate care of themself where that failure causes, or is reasonably likely, within a short period of time, to cause serious physical or psychological harm or substantial damage to or substantial loss of assets, and includes

(

i) living in grossly unsanitary conditions,

(ii)

suffering from an untreated illness, disease or injury that, within a short period of time, is likely to cause physical or psychological harm,

(iii)

suffering from malnutrition to the extent that, without intervention, the adult's physical or mental health is likely to be severely impaired, and

(iv)

c reating a hazardous situation that will likely cause serious physical or psychological harm to the adult or others or cause substantial damage to or substantial loss of the adult's real or personal property, including financial assets; and

(s)

"social worker" means a pe rson

(

i) registered under the Social Workers Act

, and

(ii)

employed by the authority or by the province.

2021 cA-4.02 s2 ; 2022 cP-30.1 s41

PART I

APPLICATION AND SERVICE PRINCIPLES

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Labrador Inuit rights

This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act

and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act

, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act

shall have precedence over the provision of this Act.

2021 cA-4.02 s3

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Application

(1)This Act applies to every adult, including

an adult who is a patient or resident in

(

a) a facility operated by the authority;

(

b) a personal care home

defined in the Personal Care Home Regulations

(

c) a long term care home;

(

d) a community care facility; and

(

e) an assisted living facility.

(2) Notwithstanding subsection (1), t his Act does not apply to an adult who is the subject of a certificate or a community treatment order issued under the Mental Health Care and Treatment Act

2021 cA-4.02 s4 ; 2022 cP-30.1 s41

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Adult in need of protective intervention

An adult in need of protective intervention is an adult who

(

a) lacks capacity with respect to one or more of their health care, physical, emotional, psychological, financial, legal, residential or social needs; and

(

b) with respect to the area in which the adult lacks capacity under paragraph (a), is

(

i) incapable of caring for themself, or who refuses, delays or is unable to make provision for adequate care and attention for themself, or

(ii)

abused or neglected.

2021 cA-4.02 s5

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Presumption

(1)An adult is presumed to have the capacity to make decisions unless a court determines, in an application under this Act, that the adult lacks the capacity to make decisions under subsection (2).

(2) An adult shall be considered to lack the capacity to make a decision where that adult

(

a) is unable to understand information relevant to the decision where that decision concerns the adult's health care, physical, emotional, psychological, financial, legal, residential or social needs; or

(

b) is unable to appreciate the reasonably foreseeable consequences of a decision or the lack of a decision.

(3) Where an adult is determined to lack the capacity for decision-making referred to in subsection (2) in one particular area, the adult shall not be presumed to lack the capacity for decision-making in those other areas or all of them unless the contrary is

determined by a court in an application under this Act .

(4) An adult's method of communicating with others is not grounds for deciding that the adult lacks the capacity to make decisions.

(5) For the purpose of this section, capacity for decision-making shall be assessed by those persons and in the manner prescribed in the regulations.

2021 cA-4.02 s6

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Right to be heard

(1) In a matter or proceeding under this Act, whether before a court or a person having authority to make a decision that affects the adult who is or may be in need of protective intervention, that adult has the right

(

a) to be heard in the manner most appropriate to the adult's circumstances, either on the adult's own behalf or through a spokesperson; and

(

b) to retain and instruct counsel.

(2) In a proceeding in which an adult's capacity to make decisions is at issue, the adult shall be considered to have the capacity to instruct counsel.

2021 cA-4.02 s7

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Service principles

This Act shall be interpreted and administered in accordance with t

he following principles:

(

a) an adult is entitled to live in the manner the adult wishes as long as that adult has the capacity to make decisions respecting the adult's lifestyle;

(

b) in relation to an intervention to assist or protect an adult who is or may be in need of protective intervention, the paramount consideration shall be the best interests of that adult;

(

c) an adult who is or may be in need of protective intervention should be involved to the greatest possible extent in decisions relating to that adult;

(

d) an adult who is or may be in need of protective intervention should receive the most effective but the least restrictive and intrusive form of support or protection when unable to care for themself or their assets as program and service resources, including budgetary appropriations, permit;

(

e) an intervention to assist or protect an adult should be designed for the specific needs of that adult and should be reviewed on a regular basis and as the adults needs and conditions change, and should be revised as appropriate to address those needs and conditions;

(

f) the delivery of services under this Act should, where appropriate,provide for the preservation of the adult's cultural and community connections;

(

g) the delivery of services under this Act should, where appropriate, provide for the preservation of family ties and contacts; and

(

h) an adult who is or may be in need of protective intervention should, if desired, be encouraged to obtain support, assistance and advice from family and friends to help that adult understand choices, and to make and communicate decisions.

2021 cA-4.02 s8

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Provincial director

(1)There shall be a Provincial Director of Adults in Need of Protective Intervention who shall

(

a) establish province-wide policies, programs and standards respecting adults in need of protective intervention;

(

b) evaluate and monitor adherence to the established policies, programs and standards; and

(

c) perform those functions and duties imposed by a court in an order made under the authority of this Act.

(2) The provincial director may require that a director exercise and perform duties assigned under this Act in the manner that the provincial director considers appropriate, and a director shall comply with those requirements.

(3) N otwithstanding that a power is conferred or a duty is imposed upon a director under this Act, the provincial director may, in the provincial director's discretion, exercise that power or perform that duty.

(4) The provincial director may delegate, in writing, the provincial director's powers under this Act to another person in the department.

(5) A person purporting to exercise the power of the provincial director by virtue of the delegation under subsection (4) shall produce evidence of that person's authority to exercise that power when required to do so.

2021 cA-4.02 s9

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Directors

(1)The authority shall appoint one or more directors who shall exercise the powers and perform the duties that are conferred or imposed upon them by this Act.

(2) A director appointed under subsection (1) may designate a person who is a social worker as acting director to exercise the powers and perform the duties of that director where the director is absent or unable to act.

(3) A director shall, where requested by the provincial director, make a report to the provincial director respecting the exercise of that director's duties under this Act, and the report shall include the information that the provincial director may require.

2021 cA-4.02 s10 ; 2022 cP-30.1 s41

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Statutory review

The minister shall, every 5 years, perform a review of this Act, the regulations made under it and the principles upon which it is based, and consider the areas in which it may be improved and report the findings to the Lieutenant-Governor in Council.

2021 cA-4.02 s11

PART II

ADULT IN NEED OF PROTECTIVE INTERVENTION

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Reporting required

(1)A person who reasonably believes that an adult may be an adult in need of protective intervention shall report that information, together with the name and address of the adult, if known, to the provincial director, a director, a social worker or a peace officer.

(2) Where a person makes a report under subsection (1), the person shall report all the information of which the person has knowledge.

(3) Where a report is made to a peace officer under subsection (1), the peace officer shall, as soon as possible after receiving the report, inform the provincial director, a director or a social worker.

(4) This

section applies notwithstanding that the information is confidential or privileged, and an action does not lie against the person providing the information in good faith unless the information is given maliciously or without reasonable cause.

(5) Subsection (4) applies to information which is solicitor-client privileged.

(6) A person shall not interfere with or harass a person who makes a report under this section.

2021 cA-4.02 s12

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Evaluation

(1)A directorshall, with the consent of the adult who is or may be in need of protective intervention, complete an evaluation where the director

(

a) receives a report under

section

(

b) is referred a report from a person who received it under

section 12; or

(

c) reasonably believes that a person may be an adult in need of protective intervention.

(2) An evaluation shall be

(

a) commenced not later than 5 days after receiving a report under

section 12; and

(

b) completed not later than 10 days after receiving a report under

section 12.

(3) Notwithstanding subsection (1), an evaluation shall be considered completed where the adult who is or may be an adult in need of protective intervention does not provide, or is unable to provide, consent or withdraws consent.

2021 cA-4.02 s13

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Investigation may be directed

(1)Where an evaluation has been completed and a director believes, on reasonable grounds, that the adult is or may be an adult in need of protective intervention, the director shall direct that an investigation be completed.

(2) Notwithstanding that, following an evaluation, a director is satisfied that there are no reasonable grounds to believe that the adult is or may be an adult in need of protective intervention and that an investigation is not required, the director may, where appropriate, refer that adult to health care, social, legal or other services which may assist the adult.

2021 cA-4.02 s14

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Investigators

(1) A person who acts

an investigator shall be a social worker.

(2) An investigator may act for and in the name of a director or the provincial director and a social worker who is acting as an investigator may, on behalf of a director or the provincial director, appear in court.

(3) Notwithstanding subsection (1), w here a social worker is not available, the minister may authorize another person to perform the duties or exercise the powers of an investigator for a specified period and subject to the terms and

conditions the minister considers advisable.

2021 cA-4.02 s15

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Investigation

(1)Where a director requires that an investigation be completed under

section 14

, a person shall cooperate with that investigation.

(2) An investigator shall make all reasonable efforts to interview the adult who is the subject of the investigation.

(3) An investigator may

(

a) communicate with and assess the adult who is or may be an adult in need of protective intervention;

(

b) request that the adult participate in a capacity assessment;

(

c) require a person to provide information or produce records, documents or other things in that person's possession or control which, in the opinion of the person completing the investigation, may be relevant to it;

(

d) solicit, accept and review reports and information from health care providers, persons who or agencies that have provided services to the adult who is the subject of the investigation, or a person who manages the adult's financial affairs, business or other assets;

(

e) interview anyone who may have information which would be relevant to the investigation; and

(

f) require the production of medical or other records respecting the adult who is the subject of the investigation.

(4) For the purpose of subsection (3), the right to information overrides

(

a) a claim of confidentiality or privilege, except solicitor-client privilege; and

(

b) a restriction in an enactment or the common law about the disclosure or confidentiality of information.

(5) Notwithstanding paragraph (4)(a), an investigator may, in the course of an investigation, require and access information that is solicitor-client privileged where itrelates to the report of a solicitor under

section 12.

(6) Notwithstanding subsections (1) to (5), an adult who is the subject of an investigation may refuse to participate in an interview or undergo an assessment under this section, unless ordered to do so under

section 20.

2021 cA-4.02 s16

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Warrant re: entry

(1)A judge may issue a warrant authorizing a director or an investigator named in the warrant to enter onto lands or premises and exercise a power referred to in

section 16

where the judge is satisfied on evidence under oath that

(

a) there are reasonable grounds to believe that the adult who is the subject of the investigation is or may be an adult in need of protective intervention;

(

b) there are reasonable grounds to believe that entry onto the lands or premises is necessary to assess the adult who is the subject of the investigation or access, copy or remove documents necessary for the investigation; and

(

c) either

(

i) the director or investigator has been denied entry onto the lands or premises or has been obstructed in exercising a power under

section 16

with respect to the lands or premises, or

(ii)

t here are reasonable grounds to believe the director or investigator will be denied entry onto the lands or premises or obstructed in exercising a power with respect to the lands or premises.

(2) A warrant issued under subsection (1) shall

(

a) s pecify the times, which may be during the day or night, during which the warrant may be carried out; and

(

b) s tate when the warrant expires.

(3) A judge may extend the date on which a warrant expires for those additional periods

the judge considers necessary.

(4) A judge may receive and consider an application for a warrant or extension of a warrant under this

section without notice to the owner or occupant of the land or premises to which it applies.

(5) A director or an investigator authorized under a warrant issued under subsection (1) to enter onto land or premises may call on peace officers

as necessary and may use force

necessary to make the entry and take the action authorized in the warrant.

(6) A director or an investigator named in a warrant issued under subsection (1) may call on other persons the director or investigator considers advisable to assist in the execution of the warrant.

2021 cA-4.02 s17

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Telewarrant

(1)Where, in the opinion of a director or investigator, it would not be practical to appear in person before a judge to apply for a warrant, the director or investigator may make the application by telephone or other means of telecommunication.

(2) Where a director or investigator enters onto land or premises under the authority of a warrant obtained under this section, the director or investigator shall provide the person who is the owner or occupier of that land or premises with a facsimile of the warrant.

(3) In subsection (2), "facsimile" includes a record produced by electronic means or a written record of a telephone conversation made by both parties to the conversation while it is in progress and which the parties have confirmed as to its accuracy by reading their record of the conversation to one another at the end of the conversation.

2021 cA-4.02 s18

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Production of documents

(1)Where, after the commencement of an investigation under

section 14 and before the issuance of an order under

section 25, a director reasonably believes that an adult is or may be an adult in need of protective intervention, the director may apply to a court for an order requiring a person to provide information or produce records, documents or other things referred to in

section 16.

(2) A judge may make an order under subsection (1) where

(

a) there are reasonable grounds to believe that the information, record, document or other thing is necessary for determining whether an adult is an adult in need of protective intervention;

(

b) there are reasonable grounds to believe that the person has possession or control of the information, record, document or other thing; and

(

c) the person has neglected or refused, on request of a director or a social worker, to provide the information or produce the record, document or other thing.

(3) Notice of the date, time and place of a hearing under this

section shall be served on the person against whom the order is sought no later than 2 days before the date set for the hearing.

(4) Notwithstanding subsection (3), where a director believes on reasonable grounds that the information, record, document or other thing may be destroyed where notice is given, an application under this

section may be heard without notice to the person against whom the order is sought.

(5) Where an application is made under this section, the court shall hold a hearing no later than 5 days after the application is filed.

2021 cA-4.02 s19

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Temporary order assessment, residency and supervision

(1)Where, after the commencement of an investigation under

section 14 and before the issuance of an order under

section 25, a director reasonably believes that an adult is or may be an adult in need of protective intervention, the director may apply to court for an order under subsection (2).

(2) Where the court is satisfied, on an application made under subsection (1), that there are reasonable grounds to believe that the adult who is the subject of the application is or may be an adult in need of protective intervention and that it is in the best interests of the adult to do so, the court may make one or more of the following orders:

(

a) an order that the adult undergo a medical assessment by a health care professional;

(

b) an order that the adult undergo a capacity assessment under subsection 6(5);

(

c) an order that a person performing an assessment under paragraph (

a) or (

b) be authorized to enter a premises to perform the assessment or that the adult be brought to an identified location for the purposes of the assessment;

(d)

(e)

(

f) an order that the adult lacks capacity with respect to one or more of their health care, physical, emotional, psychological, financial, legal, residential or social needs, and that the director or another person identified in the order is authorized to make decisions on behalf of the adult as set out in the order; and

(

g) any other order that the court considers necessary and appropriate to ensure the safety and well being of the adult or to preserve the adult's personal property.

(3) Where the court makes an order under paragraph (2)(

c) or (2)(

e) and there are reasonable grounds to believe that there is a risk of loss of or damage to real or personal property as a result of the adult's inability to reside in or deal with the property, and that no other suitable arrangements have been or are being made for the purpose

, the order shall authorize a director or another person designated in the order to enter a premises and take reasonable steps to prevent or mitigate loss of or damage to the property.

2021 cA-4.02 s20

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Temporary order - financial

(1)Where, after the commencement of an investigation under

section 14 and before the issuance of an order under

section 25, a director reasonably believes that an adult is or may be an adult in need of protective intervention, the director may apply to court for an order under subsection (2).

(2) Where the court is satisfied, on an application made under subsection (1), that there are reasonable grounds to believe that the adult who is the subject of the application is or may be an adult in need of protective intervention and that it is necessary to conduct a financial evaluation of the adult's real or personal property, including financial assets,

and to ensure the protection of the adult's property and assets, the court may make one or more of the following orders:

(

a) an order that a director, social worker or other appropriate person conduct an audit or other financial evaluation of the real or personal property, including financial assets,

of the adult; and

(

b) an order that the public trustee or other appropriate person become the guardian of the real or personal property, including financial assets,

of the adult for such period of time as the judge considers necessary

(3) Notwithstanding paragraph (2)(b), the court shall not make an order that the public trustee become a guardian unless

(

a) the public trustee has been given notice of the application and an opportunity to make representations with respect to the application; or

(

b) the public trustee consents to the order.

2021 cA-4.02 s21

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Temporary orders - general

(1)Where an adult consents to an order made under

section 19,

section 20 or

section 21, a judge shall be satisfied that

(

a) the opinion of the adult has been considered; and

(

b) the adult consenting to the order has been informed that they may be represented by legal counsel.

(2) A consent by an adult under this Act is not an admission by the adult of a ground for protective intervention alleged by a director or social worker.

(3) Where an application is made under

section 20 or 21, the court shall hold a hearing no later than 5 days after the application is filed.

(4) Notice of the date, time and place of a hearing under

section 20 or 21 shall be served, no later than 2 days before the date set for the hearing, on

(

a) the adult who is the subject of the application;

(

b) a person with whom the adult who is the subject of the application resides, where the director considers it appropriate;

(

c) the next of kin of the adult who is the subject of the application, and where the next of kin is determined to be the children or siblings of the adult, reasonable efforts shall be made to notify all those children or siblings; and

(

d) the adult's spokesperson, where a spokesperson has been previously identified by the adult or where the director considers it appropriate.

(5) An adult who is the subject of an application under

section 19,

section 20 or

section 21 has a right to be heard, directly or indirectly, in all proceedings relating to the application, and that adult may be consulted in private if the adult so desires.

(6) Notwithstanding subsection (5), where a director believes on reasonable grounds that providing notice under subsection (4) would put the adult who is the subject of the application or the adult's real or personal property, including financial assets,

at risk, the director may make an application, without notice to any other party, to the court to dispense with the requirement for notice and the court may make an order the court considers appropriate in the circumstances.

(7) An order issued under

section 20 or 21 shall expire 30 days after the date on which it is made, unless terminated under subsection (8) or extended under subsection (9).

(8) Where a material change in circumstances occurs, a director or a person who received notice under subsection (4) may apply to the court to terminate or vary the order, and the court may terminate or vary the order where the court is satisfied that the termination or variation is in the best interests of the adult who is the subject of the order and would not cause the adult to be in need of protective intervention.

(9) (10) Notwithstanding subsection (7) or (9), an order made under

section 20 or 21 shall expire on

(

a) the date an order is issued under

section 25; or

(

b) the date an application under

section 24 is dismissed.

2021 cA-4.02 s22

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Action following investigation

(1)Where a director requires that an investigation be completed under

section 14, the investigation shall be completed and the investigator shall submit an investigation report to the director, in the form prescribed by the provincial director, not later than 30 days after the direction to complete the investigation is made, unless the time period for completing the investigation is extended under subsection (2).

(2) (3) Where, following an investigation, a director believes that an adult is an adult in need of protective intervention, the director

(

a) shall

(

i) report that belief to the provincial director, and

(ii)

prepare a service plan for that adult based on criteria set by the minister; and

(

b) may

(

i) report the matter to the police, or

(ii)

provide or arrange for support services consistent with the service plan prepared under paragraph (a).

(4) A director shall, not later than 10 days after the completion of an investigation under subsection (1) or within such other period as may be directed in writing by the provincial director, submit the evaluation under

section 13, the investigation report, and the service plan required under subparagraph (3)(a)(ii) to the provincial director.

2021 cA-4.02 s23

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Application for declaration

(1)Where the provincial director receives a report under

section 23 indicating that an adult is believed by a director to be an adult in need of protective intervention, the provincial director may apply to the court for a declaration that the adult is an adult in need of protective intervention.

(2) An application under this

section shall include a capacity assessment .

(3) A hearing under this

section shall be held within 30 days of the filing of the application under subsection (1)

(4) Notice of the date, time and place of a hearing under this

section shall be served within 10 days after issuing the application or at least 10 days prior to the date set for the hearing, whichever occurs first, on

(

a) the adult who is the subject of the application;

(

b) a person with whom the adult who is the subject of the application resides, where the director considers it appropriate;

(

c) the next of kin of the adult who is the subject of the application, and where the next of kin is determined to be the children or siblings of the adult, reasonable efforts shall be made to notify all those children or siblings;

(

d) the adult's spokesperson, where a spokesperson has been previously identified by the adult or where the provincial director considers it appropriate;

(

e) a person from whom support is sought, where the application seeks payment of support from a spouse or co-habiting partner of the adult; and

(

f) a person against whom an order under subsection 25(9) is sought.

(5) Where the provincial director believes on reasonable grounds that providing notice under subsection (4) would put the adult who is the subject of the application or the adult's real or personal property, including financial assets,

at risk, the provincial director may make an application, without notice to any other party, to the court to dispense with the requirement for notice and the court may make an order the court considers appropriate in the circumstances.

(6) Not later than 5 days before a hearing under this section, the provincial director shall file a service plan for the adult who is the subject of the application with the court and shall provide a copy to those persons to whom notice of the hearing has been served or given.

(7) Not later than 2 days before the hearing under this section, the persons to whom a copy of a plan has been given under subsection (6) may respond to the plan and file an alternate written plan with the court and provide a copy to the provincial director.

(8) An adult who is the subject of an application under this

section has a right to be heard, directly or indirectly, in all proceedings relating to the application, and that adult may be consulted in private if the adult so desires.

(9) Following a hearing under this section, a judge may make an order under

section 25.

(10) The onus of proving the adult is an adult in need of protective intervention is on the provincial director.

2021 cA-4.02 s24

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Order of court

(1) On hearing an application under

section 24,

a judge may order that an adult

lacks capacity with respect to one or more of their health care, physical, emotional, psychological, financial, legal, residential or social needs and is an adult in need of protective intervention

(2) Where a judge makes an order under subsection (1), the judge shall also make one or more of the following orders:

(a)

(b)

(c)

(

d) an order requiring the payment of support by a spouse or co-habiting partner of a person declared to be an adult in need of protective intervention.

(3) (4) An order made under paragraph (2)(

b) shall not contain conditions which apply to the provincial director, a director, a social worker, the authority or the department.

(5) Notwithstanding subsection (4), an order made under paragraph (2)(

b) may contain conditions applying to the provincial director, a director, a social worker, the authority or the department where the provincial director, a director, a social worker, the authority or the department agrees and consents to those conditions.

(6) Where there is a pension or other income payable to

(

a) an adult who has been declared to be an adult in need of protective intervention; or

(

b) a person responsible for the support of an adult who has been declared to be an adult in need of protective intervention,

and the pension or other income is capable of being attached, a judge may, after giving a person referred to in paragraph (

a) or (

b) an opportunity to be heard, order that the part of the pension or other income that the judge considers appropriate be attached and be paid to a person that the judge may direct.

(7) The order under subsection (6) is authority to the person by whom the pension or other income is payable to make the payment ordered, and the receipt of the person to whom the payment is ordered to be made shall be a sufficient discharge to the person by whom the pension or other income is payable.

(8) For the purpose of subsections (6) and (7), "income" includes pension income, savings and other assets.

(9) A judge may order that a person who is found to be a source of neglect or abuse to the adult in need of protective intervention

(

a) stop living in and stay away from the premises where the adult in need of protective intervention lives, where the person is not the owner or lessee of the premises;

(

b) not visit, communicate with, harass or interfere with the adult in need of protective intervention;

(

c) c ease all contact or association with the adult in need of protective intervention and have no further involvement in the adult's affairs, business dealings or estate; or

(d)

(10) Notwithstanding paragraph (2)(

d) or subsection (9), a judge shall not make an order under paragraph 2(

d) or subsection (9) unless the person against whom the order is sought has been given notice of the application and an opportunity to make submissions, or consents to the order.

(11) Where there is a material change in the circumstances of the adult in need of protective intervention, a person may make an application to vary or terminate the order or to make a new order, and unless the application relates to the termination of an order, an updated service plan shall be filed with the court.

(12) Where an adult has been declared an adult in need of protective intervention and has been declared to lack capacity with respect to their financial needs, the provincial director may send a notice to the public trustee in accordance with

section 22.1 of the Mentally Disabled Persons Estates Act.

2021 cA-4.02 s25 ; 2022 cP-30.1 s41

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Emergency intervention

(1)A director or a social worker shall file an application with the court for a warrant to remove an adult where the director or social worker believes

(

a) that the adult is or may be an adult in need of protective intervention; and

(

b) a less intrusive course of action that would adequately protect the adult is not available.

(2) A judge may issue a warrant authorizing a director or social worker to enter a premises or vehicle or board a vessel or aircraft, by force if necessary, to remove an adult where the judge is satisfied on the basis of the director's or social worker's sworn information that there are reasonable grounds to believe that

(

a) the adult is or may be an adult in need of protective intervention; and

(

b) a less intrusive course of action that would adequately protect the adult is not available.

(3) Notwithstanding subsection (1), where a director or social worker has reasonable grounds to believe there would be an immediate risk to the adult's health and safety if no action were taken during the time required to obtain a warrant, the director or social worker may enter a premises or vehicle or board a vessel or aircraft, by force if necessary, to remove the adult without a warrant .

(4) At the r equest of a director or social worker, a peace officer shall assist in enforcing a warrant issued under subsection (2), or if a warrant is not obtained, the peace officer shall assist a director or social worker under subsection (3).

(5) A warrant issued under subsection (2) need not describe the adult by name or specify a particular premises.

(6) An application under this

section may be made by telephone or other means of telecommunication, and

section 18 applies with the necessary changes to the manner of obtaining that telewarrant.

(7) A copy of the warrant or telewarrant shall be given to

(

a) the adult who is the subject of the warrant;

(

b) the person from whose premises the adult is removed, if applicable; and

(

c) the provincial director.

(8) Where an adult is removed from the premises in which the adult is living under this section, the adult may be moved to a place determined to be suitable by the director or social worker.

(9) Where an adult is removed from the premises in which the adult is living to another place under this

section and

there are reasonable grounds to believe that there is a risk of loss of or damage to real or personal property as a result of the adult's inability to reside in or deal with the property , and that no other suitable arrangements have been or are being made for the purpose, the director or social worker

(

a) shall take reasonable steps to prevent or mitigate the loss or damage; and

(

b) may enter premises which were the adult's place of residence or usual place of residence immediately before the adult's removal under this

section at reasonable times, and to deal with property of the adult in a way which is reasonably necessary to prevent or mitigate loss or damage.

(10) A director or social worker may recover from the adult, or from a person liable to maintain the adult, reasonable expenses incurred by the director or social worker under subsection (9).

(11) A director shall, within 2 days of an adult being removed

under the authority of a warrant issued under subsection (2) or under the authority of subsection (3),

make an application to a court under

section 20 or

section 21 and the court shall hear that application within 2 days of the making of the application.

2021 cA-4.02 s26

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Emergency intervention financial affairs

(1)The public trustee may, at the written request of the provincial director, intervene in a manner to the extent that may be demonstrably necessary to temporarily prevent or contain loss or damage to an adult's real or personal property, including financial assets,

where the provincial director reasonably believes that an urgent situation exists in which a person who is or may be an adult in need of protective intervention but has not yet been declared

such

(

a) is unable to manage their real or personal property, including financial assets; and

(

b) there is immediate danger of substantial damage to or substantial loss of the adult's real or personal property, including financial assets.

(2) Where the public trustee takes the action referred to in subsection (1), the public trustee shall, within 3 days of taking that action, apply to a court and the court shall hear that application within 5 days of the making of the application.

(3) On hearing an application under subsection (2), a judge may

(

a) make an order confirming any actions of the public trustee taken under subsection (1);

(

b) make an order appointing the public trustee as guardian for the real or personal property, including financial assets,

of the adult for the period of time the judge considers necessary; and

(

c) make any other order that the judge considers necessary and

appropriate to prevent or contain loss or damage to the adult's real or personal property, including financial assets

2021 cA-4.02 s27

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Appeal

(1)A person aggrieved by an order of a judge under this Act, or by the refusal of a judge to make an order, may appeal from the decision granting or refusing the order

(

a) to the Supreme Court, where the judge is a judge of the Provincial Court; and

(

b) t o the Court of Appeal, where the judge is a judge of the Supreme Court.

(2) The provisions of the Judicature Act

and the Rules of the Supreme Court, 1986

shall govern the proceedings on an appeal under subsection (1).

(3) The Supreme Court or Court of Appeal to which an appeal is made may set aside or confirm the order referred to in subsection (1) or may make an order that a judge under this Act can make or may, by order directed to the judge from whom the appeal is taken, require that judge to make an order

the circumstances of the case may require.

2021 cA-4.02 s28

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Proceedings

(1)A proceeding under this Act

(

a) is civil in nature;

(

b) ma y 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 recorded;

(

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 and a declaration made at a prior proceeding under this Act or under a similar statute.

(3) A proceeding under this Act may be conducted by means of teleconference, videoconference or other means of telecommunication.

(4) A judge may

(

a) s horten 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.

2021 cA-4.02 s29

PART III

GENERAL

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Service plan

(1)A director or the director's designate shall prepare a service plan in accordance with the regulations for every adult who is the subject of an application under

section 24 or an order under

section 25.

(2) Every service plan shall be reviewed at least every 6 months.

(3) Notwithstanding subsection (2), where there is a material change in the circumstances or condition of the adult in need of protective intervention, that adult's service plan shall be reviewed and modified

as necessary.

(4) An adult who is or may be an adult in need of protective intervention has the right to participate in the development of the adult's service plan, including amendments to it.

2021 cA-4.02 s30

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Review committee

(1)There shall be a review committee which shall review, at least once every year, the service plans of every adult who has been declared to be an adult in need of protective intervention, and that review shall be in addition to another review required under this Act.

(2) The review committee shall be comprised of the provincial director and all directors appointed by the authorities with duties under this Act.

2021 cA-4.02 s31

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Right to information

(1)The provincial director, a director or a social worker has the right to information concerning an adult where the information

(

a) is relevant to one or more of the areas of capacity the adult is alleged to lack;

(

b) is necessary to enable the provincial director, director or social worker to exercise their powers or perform their duties or functions under this Act or the regulations, including powers, duties or functions relating to assessments or the determination of whether an adult is an adult in need of protective intervention;

(

c) is necessary to determine and inform the supports and services that may be necessary for an adult who is or may be an adult in need of protective intervention; and

(

d) is in the custody or under the control of

(

i) a person, or

(ii)

a public body.

(2) A public body or a person referred to in subsection (1) that has custody or control of information to which the provincial director, a director or a social worker is entitled under subsection (1) shall disclose that information to the provincial director, director or social worker.

(3) Notwithstanding subsections (1) and (2), information that is subject to solicitor-client privilege is not required to be disclosed unless the information is required to be disclosed under

section 12.

(4) Notwithstanding subsections (1) and (2), a peace officer may refuse to disclose information where

(

a) the disclosure would be an offence under

an Act of Parliament; or

(

b) the disclosure would be harmful to law enforcement or could reasonably be expected to interfere with public safety, unless the information is required to be disclosed under

section 12.

2021 cA-4.02 s32

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Documentation and confidentiality

(1)A person employed in the administration of this Act shall comply with the documentation standards prescribed in the regulations.

(2) A person employed in the administration of this Act shall maintain confidentiality with respect to all matters that come to that person's 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

(

a) with the consent of the person to whom the information relates;

(

b) where the disclosure is required by another Act of the province;

(

c) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information;

(

d) where, in the opinion of a director, the disclosure is in the best interests of the person to whom the information relates;

(

e) where the disclosure is necessary to the performance of duties or the exercise of powers under this Act;

(

f) where the disclosure is to the next of kin of the adult who is or may be an adult in need of protective intervention, where that disclosure is, in the opinion of a director, in the best interests of the person to whom the information relates;

(

g) where the disclosure is for research approved by a research ethics body; or

(

h) for another purpose authorized by the regulations.

(3) Information released under this

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

(4) The department or the authority is not liable for damages caused to a person

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

(5) Where a request is made to the department or the authority, a person shall be denied access to information in a record where

(

a) there are reasonable grounds to believe that the disclosure might result in physical, emotional or financial harm to that person or another person;

(

b) the disclosure would identify a person who made a report under

section 12; or

(

c) the disclosure could reasonably be expected to jeopardize an investigation under this Act or a criminal investigation.

(6) Wh ere information excepted from disclosure under this

section can reasonably be severed, a person who is otherwise permitted to receive information under this

section shall be given the remainder of the information.

(7) Where a request is made to the department or the authority, a person has a right of access to information or records created or maintained respecting that person in the course of the administration of this Act except where

(

a) that information would identify a person making a report under

section 12; or

(

b) there are reasonable grounds to believe that the disclosure may result in physical, emotional or financial harm to that person or another person.

2021 cA-4.02 s33 ; 2022 cP-30.1 s41

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Review

(1)A person who requests information under this Act and who is not given the information requested may apply, in accordance with the regulations, for a review of the refusal to give that information.

(2) A review referred to in subsection (1) shall be conducted in accordance with the regulations.

(3) An appeal lies from a decision on a review under subsection (1) to a judge of the Supreme Court.

2021 cA-4.02 s34

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Good faith protection

An action for damages does not lie against a trustee, an officer or an employee of the authority, an employee of the department or the minister personally for anything done or omitted in good faith in the performance or intended performance of a duty or the exercise or intended exercise of a power under this Act, or for a neglect or default in the performance, or intended performance, of a duty, or the exercise or intended exercise, of a power, in good faith, under this Act.

2021 cA-4.02 s35 ; 2022 cP-30.1 s41

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Protection of employee from reprisal

(1)A person shall not take a reprisal against an employee or direct that one be taken against an employee because that employee has, in good faith

(

a) sought advice about making a report;

(

b) made a report; or

(

c) cooperated in an investigation under this Act.

(2) A person who takes a reprisal against an employee or directs that one be taken contrary to subsection (1) is subject to appropriate disciplinary action, including termination of employment, in addition to and apart from another sanction provided by law.

2021 cA-4.02 s36

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Offences

A person who contravenes this Act or the regulations is guilty of an offence and is liable on

summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year in default of payment or to both a fine and imprisonment.

2021 cA-4.02 s37

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Regulations

The minister may make regulations

(

a) designating health care professionals under paragraph 2(i);

(

b) prescribing the persons who may conduct a ssessments of capacity under

section 6, and the manner in which those assessments shall be conducted;

(

c) prescribing a purpose for which information may be disclosed under paragraph 33(2)(h);

(

d) prescribing documentation standards for information regarding adult protection;

(

e) prescribing the required components of a service plan;

(

f) respecting the review of a refusal to give information under subsection 34(2); and

(

g) generally, to give effect to the purpose of this Act.

2021 cA-4.02 s38

PART IV

TRANSITIONAL, REPEAL AND COMMENCEMENT

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Transitional

Where

(

a) an evaluation or investigation was begun but had not concluded before the coming into force of this Act, the provisions of this Act shall apply and the coming into force of this Act does not affect the validity of that evaluation or investigation; and

(

b) a person was declared to be an adult in need of protective intervention under the Adult Protection Act,

that person shall be considered to be an adult in need of protective intervention under this Act, and the provisions of this Act shall apply.

2021 cA-4.02 s39

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SNL2015 cA-1.2 Amdt.

Schedule A of the Access to Information and Protection of Privacy Act, 2015

is amended by deleting paragraph (

b) and substituting the following:

(

b) sections 33 and 34 of the Adult Protection Act, 2021

2021 cA-4.02 s40

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SNL1995 cA-4.1 Amdt.

Subsections 10(3), (4) and (5) of the Advance Health Care Directives Act

are amended by deleting the reference " Adult Protection Act

" wherever it appears and substituting the reference " Adult Protection Act, 2021

2021 cA-4.02 s41

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SNL2005 cF-3.1 Amdt.

(1) Paragraph 13(1.1)(

b) of the Family Violence Protection Act

is amended by deleting the reference " Adult Protection Act

" and substituting the reference " Adult Protection Act, 2021

(2) Section 19 of the Act is amended by deleting the reference " Adult Protection Act

" and substituting the reference " Adult Protection Act, 2021

2021 cA-4.02 s42

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RSNL1990 cJ-4 Amdt.

Paragraph 43.9(1)(l.1) of the Judicature Act

is amended by deleting the reference " Adult Protection Act

" and substituting the reference " Adult Protection Act, 2021

2021 cA-4.02 s43

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RSNL1990 cM-10 Amdt.

Subsection 22.1(1) of the Mentally Disabled Persons' Estates Act

is amended by deleting the reference " Adult Protection Act

" and substituting the reference " Adult Protection Act, 2021

", and by deleting the reference "subsection 22(9)" and substituting the reference "subsection 25(12)".

2021 cA-4.02 s44

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SNL2014 cM-16.2 Amdt.

Subparagraph 2(j)(

i) of the Missing Persons Act

is amended by deleting the reference " Adult Protection Act

" and substituting the reference " Adult Protection Act, 2021

2021 cA-4.02 s45

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SNL2008 cP-7.01 Amdt.

Paragraph 7(

f) of the Personal Health Information Act

is repealed and the following substituted:

(

f) where the individual is the subject of an order under paragraph 25(2)(

c) of the Adult Protection Act, 2021

, by the person authorized in that order to make decisions on behalf of the individual; or

2021 cA-4.02 s46

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SNL2011 cA-4.01 Rep.

The Adult Protection Act

is repealed.

2021 cA-4.02 s47

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Commencement

This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

( In force Dec. 15/22)

2021 cA-4.02 s48

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