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Regulation number	Title
2022, c.35	Child and Youth Well-Being Act

Under section 153 of the Child and Youth Well-Being Act, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1This Regulation may be cited as the General Regulation – Child and Youth Well-Being Act.

Definition of “Act”

2In this Regulation, “Act” means the Child and Youth Well-Being Act.

Determination of suitability

3(1)For the purposes of section 16 of the Act, a check with the Department of Social Development, criminal record check and vulnerable sector check shall be conducted only with the consent of the person to whom it relates.

3(2)For the purposes of section 16 of the Act, a check with the Department of Social Development, criminal record check and vulnerable sector check shall be conducted

(a) before the person to whom it relates becomes an operator, a staff member, a care provider, a foster parent, a kinship caregiver, an associated person, a person providing care to a child or youth in accordance with an order of the Court, an adoptive parent or a guardian,

(b) five years after the person becomes an operator, a staff member, a care provider, a foster parent, a kinship caregiver or an associated person and every five years after that, and

(c) when the Minister receives information that may affect the suitability of the person.

3(3)The offences set out in Schedules A and B are prescribed for the purposes of paragraph 16(1)(e) of the Act.

3(4)Despite subsection (3), the offences set out in Schedules C and D are prescribed in the case of a person who is kin to the child or youth.

Support

4(1)A person may make a request in writing to the Minister for support for the provision of social services or the establishment and operation of a social service agency.

4(2)A request for support shall include the following information:

(a) the name of the social service or social service agency and its location within the Province;

(b) the objectives of the social service or social service agency;

(c) the nature of the social service to be provided;

(d) the criteria for eligibility for the social service;

(e) a description of the physical facilities, if any, used for the social service or by the social service agency;

(f) the source of existing support, if any;

(g) the particulars of any other application made for similar support; and

(h) the projected outcomes of providing the social service to children, youth and their families.

4(3)If the Minister approves a request for support, the Minister shall enter into an agreement with the applicant for the provision of the support.

4(4)An agreement entered into by the Minister shall state the duration and conditions of the agreement and provide for periodic evaluations of the social service or social service agency by the Minister.

Compensation for damage, loss or injury

5(1)A person may apply to the Minister for compensation for any damage, loss or injury caused by a child or youth under the Minister’s care as referred to in paragraph 9(c) of the Act.

5(2)An application for compensation shall include

(a) the name and address of the applicant,

(b) the name of the child or youth under the Minister’s care who is alleged to have caused the damage, loss or injury,

(c) a statement of the facts relevant to the damage, loss or injury, and

(d) a statement of the amount claimed by the applicant for the damage, loss or injury, including

(i) an appropriate third party estimate of cost of repair or replacement if compensation for damage or loss is claimed, and

(ii) medical reports and receipts if compensation for injury is claimed.

5(3)The Minister shall not consider an application for compensation if the application is made after the expiry of one year from the date of the alleged damage, loss or injury.

5(4)The Minister shall provide compensation if there is proof that the damage, loss or injury was caused by a child or youth under the Minister’s care and the circumstances justify providing the compensation.

Delegation by the Minister

6(1)For the purposes of section 12 of the Act, a delegation of a power, duty or function of the Minister is effective for the period stated in the delegation or, if no period is stated, until revoked by the Minister.

6(2)A person purporting to exercise a power, duty or function of the Minister by virtue of a delegation referred to in subsection (1) shall produce evidence of that authority when required to do so.

Minister as trustee

7(1)For the purposes of subsection 75(3) of the Act, if the Minister manages or controls any money or property received on behalf of a child or youth under the Minister’s care, the Minister has the powers and duties of a trustee under the Trustees Act.

7(2)In exercising the powers and duties of the Minister as a trustee for a child or youth under the Minister’s care, the Minister may engage a trust, a building or loan institution or a corporation licensed in the Province to carry on a trust business.

Subrogation

8(1)For the purposes of subsection 148(5) of the Act, counsel acting on behalf of the injured person shall

(a) pay the share of the Crown in right of the Province by cheque payable to the Minister of Finance and Treasury Board within 30 days after receiving the proceeds, and

(b) provide affidavits to the injured person by counsel acting on behalf of the injured person and counsel acting on behalf of the person who is paying the proceeds that include the following information:

(i) the names of the persons involved;

(ii) the name of counsel acting for the other person;

(iii) whether the claim was settled or a judgment was obtained and the date of the settlement or judgment;

(iv) in the case of a settlement, the amount of general damages and special damages that counsel making the affidavit reasonably believes the injured person was entitled to recover;

(v) in the case of a judgment, the amount of general damages and special damages awarded to the injured person;

(vi) the amount recovered by the injured person for general damages and special damages;

(vii) a statement affirming that the amount recovered by the injured person for general damages bears the same proportion to the general damages referred to in subparagraph (iv) or (v), as the case may be, as the amount recovered by the injured person for special damages bears to the special damages referred to in subparagraph (iv) or (v), as the case may be;

(viii) the cost of social services claimed by the injured person; and

(ix) the amount to be paid to the Crown in right of the Province under subsection 148(5) of the Act.

8(2)If an injured person is not represented by counsel, payment of the proceeds under paragraph (1)(a) and an affidavit required by counsel acting on behalf of the injured person under paragraph (1)(b) shall be made by the person making the claim, whether acting on their own behalf or on behalf of another person.

8(3)For the purposes of subsection 148(11) of the Act, the Minister may authorize the following fees to counsel:

(a) 15% on the first  $5,000 recovered;

(b) 10% on the next  $10,000 recovered; and

(c) 5% on the amount recovered in excess of  $15,000.

Application of Rules of Court

9(1)Except as otherwise provided in the Act, Rule 73 of the Rules of Court applies to proceedings under the Act in The Court of King’s Bench of New Brunswick, Trial Division and Family Division.

9(2)Rule 81 of the Rules of Court applies to proceedings under the Act in The Court of King’s Bench of New Brunswick, Family Division, in a Judicial District that has established a case management model for those proceedings, except proceedings commenced under the following provisions of the Act:

(a) Part 4 - Strategic Intervention and Support Services;

(b) Part 5 - Protection Services; and

(c) Part 6 - Adoption.

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	Obscene materials
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, etc.
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 childbirth
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

SCHEDULE B

CONTROLLED DRUGS AND SUBSTANCES ACT (CANADA)
Section	General Description of Offence
5	Trafficking in substance
6	Importing and exporting
7	Production of substance

SCHEDULE C

CRIMINAL CODE (CANADA)
Provision	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
162	Voyeurism
162.1	Publication, etc., of an intimate image without consent
163	Obscene materials
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(1)(b)	Openly exposing or exhibiting an indecent exhibition in a public place
215	Duty of persons to provide necessaries
218	Abandoning child
220	Causing death by criminal negligence
221	Causing bodily harm by criminal negligence
229 - 240	Murder, manslaughter and infanticide
241	Counselling or aiding suicide
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
267	Assault with a weapon or causing bodily harm
268	Aggravated assault
269	Unlawfully causing bodily harm
269.1	Torture
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
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
368	Use, trafficking or possession of forged document
374	Drawing document without authority, etc.
380	Fraud
431	Attack on premises, residence or transport of internationally protected person
433 - 436.1	Arson and other fires
445.1 - 447	Cruelty to animals

SCHEDULE D

CONTROLLED DRUGS AND SUBSTANCES ACT (CANADA)
Section	General Description of Offence
5	Trafficking in substance
6	Importing and exporting
7	Production of substance

N.B. This Regulation is consolidated to January 26, 2024.

2024-4 - General

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