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Statutes of Newfoundland and Labrador 2017



(Assented to December 7, 2017)


        1.   S.16.1 Added
Report to advocate required

        2.   Commencement

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

SNL2001 cC-12.01 as amended

        1. The Child and Youth Advocate Act is amended by adding immediately after section 16 the following:

Report to advocate required

   16.1 (1) For the purpose of this section,

             (a)  "critical injury" means an injury, including a physical or psychological injury, which may result in the death of a child or youth or may cause serious or long-term impairment of the health of a child or youth; and

             (b)  "designated services" means the following services provided directly to a child or youth:

                      (i)  services provided by the Department of Children, Seniors and Social Development under its protective intervention, kinship, in care, youth services and community youth corrections programs, and

                     (ii)  services provided by the Department of Justice and Public Safety to children or youth in custody at the Newfoundland and Labrador Youth Centre or a designated youth holding facility or to children or youth temporarily held in adult correction facilities administered by Corrections and Community Services or a successor division of the Department of Justice and Public Safety.

             (2)  Where a child or youth dies or experiences a critical injury while receiving a designated service or within 12 months of receiving a designated service, the deputy minister of a department, or his or her designate, shall report the death or critical injury to the advocate.

             (3)  The report required by subsection (2) shall be made as soon as practicable after the deputy minister or his or her designate becomes aware of the death or critical injury.

             (4)  An action does not lie against a person for anything he or she may do or report or say in the course of the exercise or performance, or the intended exercise or performance, of a duty under this section unless it is shown he or she acted in bad faith.


        2. This Act comes into force 90 days after the day on which it receives Royal Assent.