Acts and Regulations

2010-16 - Family Services Act

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NEW BRUNSWICK
REGULATION 2010-16
under the
Family Services Act
(O.C. 2010-69)
Filed February 17, 2010
1Section 19.1 of New Brunswick Regulation 83-77 under the Family Services Act is amended
(a) by adding before subsection (1) the following:
19.1(0.1)In this section, “staff member” includes an operator no matter what percentage of time he or she spends providing for the direct care of residents.
(b) by repealing subsection (2) and substituting the following:
19.1(2)A check with the Department shall be in respect of
(a) a court order based on a finding by the court that a person has endangered a child’s security or development as described in paragraphs 31(1)(a) to (g) of the Act or a person’s security as described in paragraphs 37.1(1)(a) to (g) of the Act,
(b) a finding by the Minister, as the result of an investigation by the Minister, that a person has endangered the security or development of a child as described in paragraphs 31(1)(a) to (g) of the Act, where the person has been informed of the finding of the Minister, and
(c) a finding by the Minister, as the result of an investigation by the Minister, that a person has endangered the security of another person as described in paragraphs 37.1(1)(a) to (g) of the Act, where the person has been informed of the finding of the Minister.
(c) by repealing subsection (3) and substituting the following:
19.1(3)An operator shall ensure that a check under subsection (1) is conducted before the person becomes a staff member.
(d) by adding after subsection (4) the following:
19.1(4.1)An operator shall ensure that a copy of the checks under subsections (1) and (4) are kept at each individual community placement residential facility.
19.1(4.2)An operator may employ a person as a staff member if the person has been convicted of an offence under section 253 of the Criminal Code (Canada) but that staff member shall not transport any resident in a motor vehicle while acting in the course of his or her employment for five years after the date of his or her conviction.
2Schedule A of the Regulation is repealed and the attached Schedule A is substituted.
SCHEDULE A
CRIMINAL CODE
Section
General Description of Offence
151
Sexual interference
152
Invitation to sexual touching
153
Sexual exploitation
153.1
Sexual exploitation of person with disability
155
Incest
159
Anal intercourse
160
Bestiality
162
Voyeurism
163
Corrupting morals
163.1
Child pornography
167
Immoral theatrical performance
168
Mailing obscene matter
170
Parent or guardian procuring sexual activity
171
Householder permitting sexual activity
172
Corrupting children
172.1
Luring a child
173
Indecent acts
175
Causing disturbance, indecent exhibition, loitering
212
Procuring
218
Abandoning child
219
Criminal negligence
220
Causing death by criminal negligence
221
Causing bodily harm by criminal negligence
229 - 240
Murder, manslaughter and infanticide
241
Counseling or aiding suicide
242
Neglect to obtain assistance in child birth
243
Concealing body of child
244
Discharging firearm with intent
244.1
Causing bodily harm with intent - air gun or pistol
245
Administering noxious things
246
Overcoming resistance to commission of offence
264
Criminal harassment
264.1
Uttering threats
265, 266
Assault
267
Assault with a weapon or causing bodily harm
268
Aggravated assault
269
Unlawfully causing bodily harm
269.1
Torture
270
Assaulting a peace officer
271
Sexual assault
272
Sexual assault with a weapon, threats to a third party or causing bodily harm
273
Aggravated sexual assault
273.3
Removal of child from Canada
279 - 283
Kidnapping, hostage taking, abduction
318
Advocating genocide
319
Public incitement of hatred
322
Theft
330
Theft by person required to account
331
Theft by person holding power of attorney
336
Criminal breach of trust
343 - 346
Robbery and extortion
348
Breaking and entering with intent, committing offence or breaking out
356
Theft from mail
363
Obtaining execution of valuable security by fraud
368
Uttering forged document
374
Drawing document without authority
380
Fraud
423
Intimidation
430
Mischief
431
Attack on premises, residence or transport of internationally protected person
433 - 436.1
Arson and other fires
444 - 445
Cattle and other animals
445.1 - 447
Cruelty to animals