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Acts and Regulations

2020-23 - Family Services Act

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NEW BRUNSWICK

REGULATION 2020-23

under the

Family Services Act

(O.C. 2020-74)

Filed March 24, 2020

1Section 19.1 of New Brunswick Regulation 83-77 under the Family Services Act is repealed and the following is substituted:

19.1(1)For the purposes of subsections 3.1(1) and (2) of the Act, a check with the Department under paragraphs 3.1(1)(a) to (d) of the Act and a criminal record check or vulnerable sector check under paragraph 3.1(1)(e) of the Act, in relation to a person, shall be conducted only with the consent of the person.

19.1(2)A check with the Department and a criminal record check or vulnerable sector check shall be conducted on each person referred to in subsection 3.1(1) or (2) of the Act

(a) when an application for an approval is made or before a person becomes a staff member,

(b) five years after the issuance of an approval and every five years after that,

(d) when the Minister receives information that may affect the suitability of a person to

(i) provide care services in a community placement residential facility, or

(ii) have contact with a resident.

19.1(3)The offences set out in Schedules A and B are prescribed for the purposes of paragraph 3.1(1)(e) of the Act.

19.1(4)An operator shall ensure that reports of the most recent checks are kept at each individual community placement residential facility.

19.1(5)An operator may employ or engage in any other manner as a staff member a person who has been convicted of a violation of subsection 320.14(1) or (4) of the Criminal Code (Canada), but that person shall not transport a 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2Schedule A of the Regulation is repealed and the attached Schedule A is substituted.

3The Regulation is amended by adding after Schedule A the attached Schedule B.

4This Regulation comes into force on April 1, 2020.

SCHEDULE A

CRIMINAL CODE (CANADA)

Section	General Description of Offence
43	Correction of child by force
151	Sexual interference
152	Invitation to sexual touching
153	Sexual exploitation
153.1	Sexual exploitation of person with disability
155	Incest
160	Bestiality
161	Order of prohibition
162	Voyeurism
162.1	Publication, etc., of an intimate image without consent
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 prohibited sexual activity
171.1	Making sexually explicit material available to child
172	Corrupting children
172.1	Luring a child
172.2	Agreement or arrangement – sexual offence against child
173	Indecent acts
175	Causing disturbance, indecent exhibition, loitering
215	Duty of persons to provide necessaries
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	Counselling 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 thing
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, trafficking in persons, hostage taking, abduction
286.1	Obtaining sexual services for consideration
286.2	Material benefit from sexual services
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	Use, trafficking or possession of forged document
372	False information
374	Drawing document without authority, etc.
380	Fraud
423	Intimidation
430	Mischief
431	Attack on premises, residence or transport of internationally protected person
433 - 436.1	Arson and other fires
445 - 445.01	Animals
445.1 - 447	Cruelty to animals