First

Session, 50th General Assembly

Elizabeth II, 2022

BILL 62

AN ACT TO AMEND THE

CHILD AND YOUTH ADVOCATE ACT

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE STEVE CROCKER

Government House Leader

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Child and Youth Advocate Act to

allow the term of an acting

Child and Youth Advocate to extend beyond the end of the next sitting of the

House of Assembly where the acting Child and Youth Advocate was appointed when

the House of Assembly was not sitting or where the House of Assembly was

sitting but a resolution to appoint an advocate was not passed before the end

of the sitting; and

incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE CHILD AND YOUTH

ADVOCATE ACT

Analysis

S.6 Amdt .

Term of office

S.8.1 Amdt .

Acting advocate

S.9 Amdt .

Salary, pension and benefits

S.10 Amdt .

Expenses

S.11 Amdt .

Advocate's staff

S. 12 R&S

Oath of office

S.13 Amdt .

Confidentiality of information

S.14 Amdt .

Delegation

S.15 Amdt .

Powers and duties of the advocate

S.15.2 Amdt .

Minister may restrict investigation

S.15.3 Amdt .

Restriction on jurisdiction

S.16 R&S

Reference by Lieutenant-Governor in Council

S.16.1 Amdt .

Report to advocate required

S.17 Amdt .

Communication by child or youth

S.18 R&S

Refusal to investigate or review

S.19 Amdt .

Report of refusal to investigate

S.20 Amdt .

Notice of investigation

S.21 Amdt .

Evidence

S.22 Amdt .

Defence for certain offences

S.23 Amdt .

Right of entry

S.24 Amdt .

Notice of proposed steps

S.25 Amdt .

Report to complainant

S.26 Amdt .

Proceedings

against advocate prohibited

S.27 Amdt .

Advocate not to be called as witness

S.28 Amdt .

Annual report to House of Assembly

S.29 Amdt .

Publication of reports

S.30 Amdt .

Regulations

S.31 Amdt .

Offence and penalty

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2001 cC-12.01

as amended

1. Subsection 6(1) of the Child and Youth Advocate Act is repealed and the following

substituted:

Term of office

(1) Unless

the advocate sooner resigns, dies or is removed from office, the advocate shall

hold office for 6 years from the date of appointment and may be reappointed for

a second term of 6 years, but shall not hold office for more than 2 terms.

(1) Paragraph 8.1(1 )(

a) of the Act is amended by deleting the words "his or her" and

substituting the words "the advocate's".

(2) Subsection 8.1(2) of the Act is repealed.

(3) Paragraph 8.1(3 )(

a) of the Act is amended by deleting the words "his or her" and substituting

the words "the advocate's".

3. (1) Subsection 9(3) of the Act is amended by

(

a) deleting the words

"he or she" and substituting the words "the advocate"; and

(

b) deleting the words

"his or her".

(2) Subsection 9(4) of the Act is amended by

(

a) deleting the words

"his or her"; and

(

b) deleting the words

"he or she" wherever they appear and substituting the words "the

advocate".

Section 10 of the Act is amended by

(

a) deleting the words

"by him or her"; and

(

b) deleting the words

"his or her" and substituting the words "the advocate's".

5. Subsection 11(1) of the Act is amended by

(

a) deleting the words

"him or her" and substituting the words "the advocate"; and

(

b) deleting the words

"his or her" and substituting the words "the advocate's".

Section 12 of the Act is repealed and the

following substituted:

Oath of office

(1) Before beginning to perform the advocate's duties, the

advocate shall swear an oath or affirm before the Speaker of the House of

Assembly or the Clerk of the House of Assembly to faithfully and impartially

perform the duties of the advocate's office.

(2) Every person

employed under the advocate shall, before beginning to perform the person's

duties, swear an oath, or affirm, before the advocate to not, except as

provided by this Act, divulge information received under this Act.

7. (1) Subsection 13(1) of the Act is amended by

deleting the word "him or her" and substituting the words "the

advocate".

(2) Subsection 13(2) of the Act is amended by

(

a) deleting the words

"by him or her";

(

b) deleting the words

"he or she" and substituting the words "the advocate"; and

(

c) deleting the words

"his or her" and substituting the words "the advocate's".

8. (1) Subsection 14(1) of the Act is amended by deleting

the words "his or her" and substituting the words "the

advocate's".

(2) Subsection 14(2) of the Act is amended by

deleting the words "his or her" and substituting the word "the

person's".

9. Subsection 15(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

advocate's".

(1) Subsection 15.2(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

advocate".

(2) Subsection 15.2(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

advocate's".

Section 15.3 of the Act is amended by deleting

the words "his or her" and substituting the words "the

advocate's".

Section 16 of the Act is repealed and the

following substituted:

Reference by

Lieutenant-Governor in Council

16. The Lieutenant-Governor in Council or a minister may refer

to the advocate, for review, investigation and report, a matter relating to the

interests and well-being of children and youth and the advocate shall,

(

a) subject to a special

direction of the Lieutenant-Governor in Council, investigate or review the

matter to the extent that it is within the advocate's jurisdiction; and

(

b) make a report to the Lieutenant-Governor in Council or minister

that the advocate considers appropriate.

Section 16.1 of the Act is amended by

(

a) deleting the words

"his or her" wherever they appear and substituting the words

"the deputy minister's"; and

(

b) deleting the words

"he or she" wherever they appear and substituting the words "the

person".

14. Subsection 17(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

child or youth".

Section 18 of the Act is repealed and the

following substituted:

Refusal to

investigate or review

18. The advocate, in the advocate's discretion, may refuse to

review or investigate or may cease to review or investigate a complaint where

(

a) it relates to a decision, recommendation, act or omission of

which the complainant has had knowledge for more than one year before the

complaint is received by the advocate;

(

b) in the advocate's opinion it is frivolous or vexatious or not

made in good faith or concerns a trivial matter;

(

c) the complainant does not have a sufficient personal interest

in the subject matter of the complaint;

(

d) in the advocate's opinion, upon a balance between the public

interest and the person aggrieved, the complaint should not be investigated or

the investigation should not be continued;

(

e) in the advocate's opinion the circumstances of the complaint

do not require investigation; or

(

f) the law, or existing administrative procedure, provides a

remedy adequate in the circumstances for the person aggrieved and, where the

person aggrieved has not availed of the remedy, there is no reasonable

justification for the person's failure to do so.

Section 19 of the Act is amended by

(

a) deleting the words

"he or she" and substituting the words "the advocate"; and

(

b) deleting the words

"his or her" wherever they appear and substituting the word

"the".

Section 20 of the Act is amended by deleting

the words "his or he" and substituting the words "the

advocate's".

18. (1) Subsection 21(1) of the Act is amended by

(

a) deleting the words

"his or her" wherever they appear and substituting the words

"the advocate's"; and

(

b) deleting the words

"him or her" wherever they appear and substituting the words

"the advocate".

(2) Subsection 21(1.2) of the Act is repealed and

the following substituted:

(1.2) The advocate may summon and examine, on oath or affirmation, a

person who in the opinion of the advocate is able to give information relating

to a matter being investigated by the advocate.

Section 22 of the Act is amended by deleting

the words "his or her" and substituting the words "the

person's".

20. Subsection 23(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

advocate's".

21. (1) Subsection 24(1) of the Act is amended by

(

a) deleting the words

"he or she" and substituting the words "the advocate";

(

b) deleting the words

"him or her" and substituting the words "the advocate"; and

(

c) deleting the words

"his or her" and substituting the words "the advocate's".

(2) Subsection 24(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

advocate's".

Section 25 of the Act is amended by

(

a) deleting the words

"by him or her"; and

(

b) deleting the words

"he or she" wherever they appear and substituting the words "the

advocate".

Section 26 of the Act is amended by

(

a) deleting the words

"he or she" wherever they appear and substituting the words "the

advocate or person"; and

(

b) deleting the words

"his or her" and substituting the words "the advocate's or

person's".

Section 27 of the Act is amended by

(

a) deleting the words

"him or her" and substituting the words "the advocate"; and

(

b) deleting the words

"his or her" wherever they appear and substituting the words

"the advocate's or person's".

Section 28 of the Act is amended by deleting

the words "his or her" and substituting the words "the

advocate's".

26. (1) Subsection 29(1) of the Act is amended by

(

a) deleting the words

"his or her" and substituting the words "the advocate's";

and

(

b) deleting the words

"him or her" and substituting the words "the advocate".

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

(

a) deleting the words

"he or she makes";

(

b) deleting the words

"he or she" and substituting the words "the advocate"; and

(

c) deleting the words

"his or her" with the words "the child's or youth's".

Section 30 of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the

words "the advocate's".

Section 31 of the Act is amended by deleting the

words "his or her" wherever they appear and substituting the words

"the advocate's or person's ".

Queen's Printer