2021 Bill 62

	62


First Session, 50th General Assembly 71 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

1. S.6 Amdt.
Term of office

2. S.8.1 Amdt.
Acting advocate

3. S.9 Amdt.
Salary, pension and benefits

4. S.10 Amdt.
Expenses

5. S.11 Amdt.
Advocate's staff

6. S. 12 R&S
Oath of office

7. S.13 Amdt.
Confidentiality of information

8. S.14 Amdt.
Delegation

9. S.15 Amdt.
Powers and duties of the advocate

10. S.15.2 Amdt.
Minister may restrict investigation

11. S.15.3 Amdt.
Restriction on jurisdiction

12. S.16 R&S
Reference by Lieutenant-Governor in Council

13. S.16.1 Amdt.
Report to advocate required

14. S.17 Amdt.
Communication by child or youth

15. S.18 R&S
Refusal to investigate or review

16. S.19 Amdt.
Report of refusal to investigate

17. S.20 Amdt.
Notice of investigation

18. S.21 Amdt.
Evidence

19. S.22 Amdt.
Defence for certain offences

20. S.23 Amdt.
Right of entry

21. S.24 Amdt.
Notice of proposed steps

22. S.25 Amdt.
Report to complainant

23. S.26 Amdt.

Proceedings against advocate prohibited

24. S.27 Amdt.
Advocate not to be called as witness

25. S.28 Amdt.
Annual report to House of Assembly

26. S.29 Amdt.
Publication of reports

27. S.30 Amdt.
Regulations

28. 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

6. (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.

2. (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".

4. 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".

6. Section 12 of the Act is repealed and the following substituted:

Oath of office

12. (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

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".

10. (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".

11. Section 15.3 of the Act is amended by deleting the words "his or her" and substituting the words "the advocate's".

12. 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.

13. 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".

15. 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;

(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.

16. 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".

17. 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.

19. 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

(2) Subsection 24(2) of the Act is amended by deleting the words "his or her" and substituting the words "the advocate's".

22. 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".

23. 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".

24. 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".

25. 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

27. Section 30 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the advocate's".

28. 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".