3(1)The Minister

3(2)Where, pursuant to paragraph (1)(b), the Minister authorizes a person to exercise any authority, power, duty or function of the Minister, the word “Minister”, when used with respect to that authority, power, duty or function includes the person so authorized.

3(2.1)Where the Minister is advised that a community social service agency approved under paragraph (1)(b.1) is providing a social service that may be of

3(2.2)Where the owner or person in charge of a community social service agency being evaluated pursuant to subsection (2.1) fails or refuses to comply with a directive given by the Minister pursuant to subsection 22(4) or does anything referred to in subsection 22(5), the Minister may revoke the approval given under paragraph (1)(b.1).

3(3)The Minister and any person authorized under paragraph (1)(b) to exercise any authority, power, duty or function conferred on the Minister shall not be liable to any person for any injury, loss or damage caused to any person or property by reason of the exercise of any power, authority, duty or function under this Act, or for any other cause, if such authority, power, duty or function is exercised in good faith and without negligence.

3.1(1)The Minister may determine that an operator, a staff member or a member of a class of persons prescribed by regulation is not suitable to provide social services or services in a community placement resource in the following circumstances: 

3.1(2)The Minister may determine that an associated person is not suitable to have contact with a recipient of social services or a resident in a community placement resource in the circumstances referred to in paragraphs (1)(a) to (e).

3.1(3)If the Minister determines that a person is not suitable under subsection (1) or (2),

10(1)Proceedings under this Act may, in whole or in part, be heard in open court or in camera, and in exercising its discretion whether to proceed in camera or in open court the court shall take into consideration in every case

11(1)All information acquired by the Minister or another person in relation to any person or matter under this Act, whether of a documentary nature or otherwise, is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.

11(2)The Minister shall not permit the release of confidential information to any person without the written consent of the person from whom the information was obtained and the person to whom the information relates.

11(3)Despite subsection (2), the Minister may permit the release of confidential information without the consent of the person from whom the information was obtained or the person to whom the information relates

11(5)A person to whom information is released under paragraph (3)(c), other than a person referred to in paragraph (3)(a), shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.

11(6)Except as otherwise provided in this Act, owners and operators of community placement resources, as defined in Part II, and their employees, and owners and persons in charge of community social service agencies, and their employees, shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.

11(7)Any person who contravenes subsection (5) or (6) commits an offence.

11.001(1)The Minister may disclose whether a person is suitable or not suitable in accordance with subsection 3.1(1) or (2).

11.001(2)A disclosure by the Minister under subsection (1)

11.01(1)For the purposes of this Act, the Minister may enter into contracts with the Canada Revenue Agency to collect, use or disclose tax information, including personal information, of a person who is eligible to receive a service or benefit under this Act, with the consent of the person.

11.01(2)For the purposes of this section, “personal information” means the name and date of birth of the person who is eligible to receive a service or benefit.

19(1)The Minister may enter into a contract to purchase from any government department or agency or any other agency or person, whether within or outside the Province, any social service that the Minister is authorized to provide under section 16.

19(2)Where a contract has been entered into under subsection (1) the Minister may provide social services under section 16 on a joint basis with any department, agency or person referred to in subsection (1).

19(3)The Minister shall not purchase a social service under this section unless the department, agency or person providing the service

20(1)The Minister may

22(1)Where the Minister is advised that a community social service agency that provides a social service under a contract with the Minister, or that has been provided with resources under this Part, is providing a social service that may be

22(2)Any statement, declaration or evidence made or given by a person at the request of the Minister pursuant to subsection (1) is confidential and for the information of the Minister only, and except for use in a court proceeding no such statement, declaration or evidence may be inspected by any person without the written authorization of the Minister.

22(3)The owner and person in charge of every community social service agency shall permit the Minister to conduct an investigation under this section and shall not obstruct or interfere with any investigation being carried out.

22(4)Where, upon the completion of the evaluation referred to in subsection (1), the Minister is of the opinion that a social service being provided by a community social service agency is

22(5)Where the owner or person in charge of a community social service agency

22(6)Where the owner or person in charge of a community social service agency fails or refuses to comply with a directive given by the Minister under subsection (4), or does anything referred to in subsection (5), the Minister may, without notice and without compensation, terminate any contract entered into with the agency, and may cancel the provision of any resources provided or undertaken to be provided under this Part, and where the Minister terminates a contract pursuant to this subsection he is entitled to compensation from the agency with which the contract was made equal to the value of any resources provided to the agency under this Part during the period of one year prior to the giving of the directive or the doing of that referred to in subsection (5).

22(7)The Minister may issue a certificate stating the amount of compensation due and payable pursuant to subsection (6) and the name of the person from whom the compensation is due and payable, and may file the certificate in The Court of King’s Bench of New Brunswick, and when the certificate is entered and recorded it becomes a judgment of the Court and may be enforced as a judgment obtained in the Court by the Crown against the person named in the certificate for a debt of the amount specified in the certificate.

22.1(1)In this section

22.1(2)Payment or payments made on behalf of a person in need under this Act and the regulations for the provision of community social services shall be deemed to be payment or payments made on behalf of a person in need under the Social Welfare Act and regulations.

22.1(3)This section shall be deemed to have come into force on April 1, 1984.

24(1)The Minister shall determine the need for community placement resources.

24(2)The Minister may

25(1)The Minister, for the purpose of providing social services under this Act, may enter into a contract with respect to the use of a community placement resource, whether within or outside the Province, and with respect to the use of services provided by the community placement resource,

25(2)No operator shall transfer to another party any responsibility or authority undertaken or acquired under a contract with the Minister.

25(3)The Minister may enter into a contract with a representative of the Crown in right of Canada or of another province, or with a representative of a government of another state, to assist in the establishment or utilization on a co-operative basis of a community placement resource, whether located within or outside the Province.

26(1)The Minister shall approve community placement resources that meet the criteria and standards prescribed by the Minister or by regulation.

26(2)After one year following the coming into force of this Part, no operator shall operate a community placement resource that has not been approved by the Minister.

26(3)Any person who contravenes subsection (2) commits an offence.

27(1)Where the Minister is advised that a community placement resource may be

27(2)Every operator of a community placement resource shall permit the Minister to conduct an investigation under this section and shall not obstruct or interfere with any investigation being carried out.

27(3)Any statement, declaration or evidence made or given by a person at the request of the Minister pursuant to subsection (1) is confidential and for the information of the Minister only, and except for use in a court proceeding no such statement, declaration or evidence may be inspected by any person without the written authorization of the Minister.

27(4)Where, upon completion of the evaluation referred to in subsection (1), the Minister is of the opinion that a community placement resource is

27(5)Where the operator of a community placement resource

27(6)The Minister may issue a certificate stating the amount of compensation due and payable pursuant to subsection (5) and the name of the person from whom the compensation is due and payable, and may file the certificate in The Court of King’s Bench of New Brunswick, and when the certificate is entered and recorded it becomes a judgment of the Court and may be enforced as a judgment obtained in the Court by the Crown against the person named in the certificate for a debt of the amount specified in the certificate.

29.1(1)In this section

29.1(2)Payment or payments made on behalf of a person in need under this Act and the regulations for services provided at a community placement resource shall be deemed to be payment or payments made on behalf of a person in need under the Social Welfare Act and regulations.

29.1(3)This section shall be deemed to have come into force on April 1, 1984.

34(1)Where an adult is a disabled person or an elderly person, or is within a group prescribed by regulation, and

34(2)Where an adult is a disabled person or an elderly person, or is within a group prescribed by regulation, and is a victim of or is in danger of being a victim of

35(1)Where the Minister has reason to believe that a person is a neglected adult or an abused adult, he shall cause an investigation to be made and, if he considers it advisable, may request and authorize a medical practitioner to examine and report on the physical and mental condition of the person and the care and attention he is receiving.

35(2)The authorization of the Minister under subsection (1) is sufficient authority to any medical practitioner to perform the responsibilities set out in subsection (1) without the consent of the person being examined.

35(2.1)When the Minister conducts an investigation under subsection (1), the Minister shall take the steps that he or she considers necessary to determine if the security of a person is in danger as described in subsection 37.1(1).

35(3)If the person, a member of the person’s family or any person having care or control of the person interferes with or obstructs in any way the carrying out of the investigation under subsection (1), the court, on application of the Minister, may, after making due enquiries and being satisfied that it is reasonable and proper that the investigation be made, issue a warrant authorizing the investigation, and any warrant so issued is sufficient authority for a peace officer, the Minister or any other person designated in the warrant to enter, by force if necessary, any building or other place in order to carry out the investigation.

35.1(1)A professional person may disclose information to the Minister respecting a person whom the professional person has reason to believe is a neglected adult or an abused adult, including information that has been acquired through the discharge of the professional person’s duties or within a professional relationship.

35.1(2)No action lies against a professional person who in good faith provides information to the Minister under subsection (1).

35.1(2.1)No action shall be commenced against a person in relation to the providing of information to the Minister under this section except with leave of the court.

35.1(2.2)An application for leave shall be commenced by a Notice of Application served on the respondent and the Minister in accordance with the Rules of Court.

35.1(2.3)On an application for leave, leave shall be granted only if the applicant establishes, by affidavit or otherwise, a prima facie case that the person who provided the information to the Minister did not provide the information in good faith.

35.1(2.4)If leave is not granted, the court may order the applicant to pay all or any portion of the costs of the application.

35.1(2.5)An action against a person in relation to providing information to the Minister under this section is a nullity if the action is commenced without the leave of the court.

35.1(3)Except in the course of judicial proceedings, no person shall reveal the identity of a person who has given information under subsection (1) without that person’s written consent.

35.1(4)Any person who violates subsection (3) commits an offence.

35.1(5)For the purposes of this section

36(1)Where the Minister has reason to believe that a person is a neglected or abused adult because of the presence of any person, he may apply to the court for a warrant to authorize the removal of the offending person from the premises in which the neglected or abused adult resides, and his detention, if necessary, pending application for an order under paragraph 39(1)(c).

36(2)Any person detained under the authority of a warrant issued under subsection (1) shall be brought forthwith before the court and may be released on his own recognizance or on such conditions as the court may impose.

36.1(1)In the exercise of any authority under this Act given to any person to make a decision that affects a neglected adult or abused adult, the neglected adult’s or abused adult’s wishes, where they can be expressed and where the neglected adult or abused adult is capable of understanding the nature of any choices that may be available, shall be given consideration in determining the neglected adult’s or abused adult’s interests and concerns, and the interests and concerns of the neglected adult or abused adult shall be given consideration as distinct interests and concerns, separate from those of any other person.

36.1(2)Where the wishes of a neglected adult or abused adult have not been or cannot be expressed or the neglected adult or abused adult is incapable of understanding the nature of the choices that may be available, the Minister shall make every effort to identify the neglected adult’s or abused adult’s interests and concerns and shall give consideration to them as distinct interests and concerns separate from those of any other person.

36.1(3)A person who is authorized under this Act to make a decision that affects a neglected adult or abused adult may, in order to comply with subsection (1), consult directly with the neglected adult or abused adult, in which case the authorized person shall do so in camera unless the authorized person determines that to do so would not be in the best interests of the neglected adult or abused adult; and in consulting with the neglected adult or abused adult in camera the authorized person may exclude any person, including any party to a proceeding and that person’s counsel, from participating in or observing the consultation.

36.1(4)In any matter or proceeding under this Act affecting a neglected adult or abused adult, whether before a court or any person having authority to make a decision that affects a neglected adult or abused adult, the neglected adult or abused adult has the right to be heard either on his or her own behalf or through a responsible spokesperson.

36.1(5)In any proceeding under this Act the court may waive any requirement that the neglected adult or abused adult appear before the court where it is of the opinion that it would be in the best interests of the neglected adult or abused adult to do so and the court is satisfied that the interests and concerns of the neglected adult or abused adult with respect to the matter before the court will not be prejudiced.

37(1)If the Minister is satisfied, after an investigation under subsection 35(1), that a person is a neglected adult or an abused adult, the Minister may

37(1.1)If the Minister is satisfied, after an investigation under subsection 35(1), that a person is a neglected adult or an abused adult and is mentally incompetent, the Minister may

37(2)Where the social service provided by the Minister under this section includes the services of a homemaker, subsection 32(3) applies mutatis mutandis.

37.1(1)The security of a person may be in danger when

37.1(2)The Minister may put a person under protective care if

37.1(3)Where the Minister puts a person under protective care under subsection (2), he shall make adequate provision for that person’s care and the Minister may do any or all of the following:

37.1(4)Within five days after putting a person under protective care under subsection (2), the Minister shall

37.1(5)For the purposes of subsection (2) “professional person” means a judge, peace officer, medical practitioner, psychologist, nurse or any other health or mental health professional.

37.3(1)An application made by the Minister under paragraph 37(1.1)(a) or 37.1(4)(b) or section 37.2 or subsection 39(2) shall be accompanied by an examination report signed by the medical practitioner who examined the person who is the subject of the application.

37.3(2)An examination report shall

37.3(3)An examination report signed and completed in accordance with this section is admissible in evidence and when introduced as evidence is proof, in the absence of evidence to the contrary, that the person is mentally incompetent, without proof of the signature or authority of the person appearing to have signed the examination report.

38(1)Subject to subsection (2), an application made by the Minister under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection 39(2) shall be heard forthwith by the court.

38(2)At least ten days prior to the date set for the hearing of an application under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection 39(2), the Minister shall notify the person in respect of whom the application is made or some person having care or control of the person

39(1)If the court, after hearing the application, is satisfied that the person is a neglected adult or an abused adult and the person is mentally incompetent, the court may, where it appears in the best interests of the person to do so,

39(1.1)The court shall not make an order for the payment of costs in relation to an application under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection (2) against a person other than the Minister.

39(3)Any person who does not comply with an order made under paragraph (1)(c) commits an offence.

39(4)Any order made under subsection (1) is in force for the period stated in the order, not to exceed twelve months, and may be extended for additional periods not exceeding twelve months each.

39(5)Any person who is subject to an order made under subsection (1) may, in the prescribed form, and upon fourteen days’ notice to the Minister, apply to the court to have the order made under subsection (1) varied or terminated.

39(6)The Minister may, in the prescribed form and after notice as set out in subsection 38(2), apply to the court to have an order made under subsection (1) varied, extended or terminated.

39(7)Upon hearing the application, the court, if satisfied that circumstances have changed sufficiently since the making of the order under subsection (1), may make such further order varying, extending or terminating the order as it considers appropriate.

39(8)Where the court is of the opinion that the interests and concerns of a person in respect of whom a hearing is held under this section should be represented by counsel or by a responsible spokesman, the court shall advise the Attorney General that in its opinion counsel or a responsible spokesman should be made available to assist in the representation of the person’s interests and concerns.

40(1)Where medical evidence at the hearing discloses that a neglected adult or an abused adult requires treatment in a hospital facility the court may include in an order made under subsection 39(1) an order for hospitalization.

40(2)At any time pending the final determination of an application for an order under subsection 39(1), the court may order the removal of the person in respect of whom the order is sought to a hospital facility or other place without delay if a medical practitioner certifies that, in his opinion, it is necessary to do so in the interests of the person’s health.

42(1)An appeal under section 41 shall be in accordance with the regulations and the Rules of Court.

42(2)On appeal, the court may

96(1)Subject to subsection (2), for all purposes of the law of the Province a person is the child of his or her natural parents and his or her status as their child is independent of whether the child is born within or outside marriage.

96(2)An adopted child in respect of whom Part 6 of the Child and Youth Well-Being Act applies is the child of the adopting parents as if they were the natural parents.

96(3)The parent and child relationship as determined under subsection (1) or (2) shall be followed in the determination of other kindred relationships flowing therefrom.

96(4)Any distinction between the status of children born in wedlock and born out of wedlock is abolished and the relationship of parent and child and kindred relationships flowing therefrom shall be determined in accordance with this section.

96(5)This section applies to every person, whether born before or after this Part comes into force, and whether born in the Province or not and whether or not his or her father or mother has ever been domiciled in the Province.

97(1)For the purposes of construing any instrument, Act or regulation, unless the contrary intention appears, a reference to a person or group or class of persons described in terms of relationship by blood or marriage to another person shall be construed to refer to or include a person who comes within the relationship of parent and child as determined under section 96.

97(2)Subsection (1) applies to

97(3)Subsection (1) does not affect any interest in property or any right, title or interest in or to property or any other right that has vested absolutely before the coming into force of this Part.

98(1)The court having jurisdiction for the purposes of sections 100 and 101 is The Court of King’s Bench of New Brunswick.

98(2)Nothing in subsection (1) shall be construed to limit the authority of any court to make a declaration of parentage incidental to any determination made by that court in the exercise of a jurisdiction extended to it by any other Act or law.

100(1)Subject to subsection (7), any person having an interest in the matter may apply to the court for a declaratory order that a man is recognized in law to be the father of a child or that a woman is the mother of a child.

100(2)Where the court finds on the balance of probabilities that the relationship of mother and child has been established, the court may make a declaratory order to that effect.

100(3)Where the court finds that a presumption of paternity exists under section 103 and unless it is established, on the balance of probabilities, that the presumed father is not the father of the child, the court may make a declaratory order confirming that the paternity is recognized in law.

100(4)Notwithstanding that there is no person recognized in law under section 103 to be the father of a child, where the court finds on the balance of probabilities that the relationship of father and child has been established the court may make a declaratory order to that effect.

100(5)An order shall not be made under subsection (4) unless both the man and the child were living at the time the application was made.

100(6)Subject to sections 101 and 102, an order made under this section shall be recognized for all purposes.

100(7)Where the mother of a child has consented to the adoption of her child,

103(1)Unless the contrary is proven on a balance of probabilities a man is presumed to be and he shall be recognized in law to be the father of a child in any one of the following circumstances, namely

103(2)For the purpose of subsection (1), where a man and a woman go through a form of marriage with each other, in good faith, that is void and cohabit, they shall be deemed to be married during the time they cohabit and the marriage shall be deemed to be terminated when they cease to cohabit.

103(3)Subject to subsection (4), where circumstances exist that give rise under subsection (1) to conflicting presumptions as to the paternity of a child no presumption shall be made as to paternity and no person shall be recognized in law to be the father by virtue of this section.

103(4)Notwithstanding subsection (3), where there are conflicting presumptions as to paternity arising under paragraphs (1)(a) and (1)(e), the presumption under paragraph (1)(e) shall be made and prevails if at the time of the conception of the child the mother of the child was not cohabiting with the person presumed to be the father under paragraph (1)(a).

105(1)A man and the mother of a child may file a statutory declaration, in the prescribed form, with the Registrar General of Vital Statistics affirming that the man is the natural father of the child.

105(2)Where the mother of the child is married at the time of the birth of the child the statutory declaration referred to in subsection (1) shall include an affirmation of the mother that at the time of conception of the child she was living separate and apart from her husband.

105(3)Any person having an interest in the matter may inspect a statutory declaration filed under subsection (1) and upon payment of a fee prescribed by regulation may obtain a certified copy thereof from the Registrar General of Vital Statistics.

106(1)A man may file with the Registrar General of Vital Statistics a statutory declaration, in the prescribed form, affirming that he is the father of the child.

106(2)Any person having an interest in the matter may inspect a statutory declaration filed under subsection (1) and, upon payment of a fee prescribed by regulation, may obtain a certified copy thereof from the Registrar General of Vital Statistics.

110(1)Upon the application of a party in any civil proceeding in which a court is called upon to determine the parentage of a child, the court may give the party leave to obtain blood tests, and such other tests as the court considers appropriate, of such persons as are named in the order granting leave and to submit the results in evidence.

110(2)Leave under subsection (1) may be given subject to such terms and conditions as the court considers proper.

110(3)No test shall be performed on a person without his consent, but where a person named in an order granting leave under subsection (1) is not capable of consenting to having a test taken because of age or any other reason, the consent may be given by the person having the care and control of him.

110(4)Where leave is given under subsection (1) and a person named therein refuses to submit to the test, or refuses to consent to the testing of a person under his care and control, the court may draw such inferences as it considers appropriate.

138(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

138(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

141.1(1)Where the time limited for the doing of anything under the provisions of this Act expires or falls upon a holiday, the time so limited shall extend to, and the act or thing may be done on, the day first following that is not a holiday.

141.1(2)Where a period of time dating from a specified day, act, or event is prescribed or allowed for any purpose under this Act, the time shall be reckoned exclusively of such day or of the day of such act or event.

141.1(3)Where a period of time of less than seven days is prescribed under this Act, holidays shall not be counted.

142.01(1)In this section

142.01(2)The Minister may, in accordance with the Insurance Act, impose a levy for the purpose of recovering the cost of the social services provided to persons under Parts I, II and III of this Act as a result of personal injuries arising out of the use or operation of a motor vehicle registered in the Province.

142.1(1)In this section

142.1(2)Where, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives social services, he

142.1(3)Where under subsection (2), a person either acting for himself or on behalf of another person, recovers a sum in respect of the social services received, he shall as soon as practicable pay such sum recovered to the Minister.

142.1(4)Where, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives social services and he does not claim against the person who was negligent or who did the wrongful act, the Crown in right of the Province may maintain an action in the name of the Crown or in the name of the injured person for recovery of the cost of the social services.

142.1(5)Where, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives social services and a claim is made against the person who was negligent or who did the wrongful act but the person making the claim, either acting on his own behalf or on behalf of another person, does not

142.1(6)It shall not be a defence to an action brought by the Crown under subsection (5) that a release has been given, a claim has been settled or a judgment obtained unless

142.1(7)Where the Minister approves in writing a release or settlement under subsection (11), the Crown in right of the Province may continue the action or maintain an action in the name of the Crown for recovery of the cost of the social services.

142.1(8)Subject to subsection (11), where, as a result of a claim under this section

142.1(9)No person, acting for himself or on behalf of another person, shall, without the approval in writing under subsection (10) or (11) of the Minister make a settlement of a claim based upon a cause of action for damages for personal injuries in a case where the injured person has received social services unless at the same time he makes a settlement to recover the same pro rata proportion in respect of the cost of the social services as the injured person is to recover in respect of his losses and injuries.

142.1(10)No release or settlement of a claim or judgment based upon a cause of action for damages for personal injuries in a case where the injured person has received social services is binding upon the Crown unless the Minister has approved the release or settlement in writing.

142.1(11)Notwithstanding subsection (10), where a person who makes a claim under subsection (2) has obtained an offer for a settlement whereby the same pro rata proportion of the cost of social services would be recovered as the injured person would recover in respect of his losses and injuries but, in the opinion of the Minister, the offer would not provide sufficient recovery in respect of the social services, the Minister may approve in writing a release or settlement whereby the person making a claim under subsection (2) makes a settlement of a claim in respect of his injuries or losses without making a settlement in respect of the cost of the social services but the written approval is not binding on the Crown in relation to a claim made under subsection (7) in respect of the cost of the social services.

142.1(12)Where a person whose negligent or wrongful act resulted in personal injuries to another is insured by a liability insurer carrying on business in the Province and a claim made in respect of those personal injuries does not include a claim for the cost of the social services received by the injured person, the liability insurer shall pay to the Minister the cost of the social services and payment of that amount to the Minister discharges the liability to the insurer to pay the cost of the social services in any subsequent claim to the insured person or any person claiming under or on behalf of the insured person.

142.1(13)Every liability insurer carrying on business in the Province shall provide the Minister, when requested to do so, information relating to

142.1(14)Notwithstanding section 141, in an action under this section a certificate signed or purporting to be signed by or on behalf of the Minister shall be accepted by all courts

142.1(15)This section applies except where the personal injuries occurred as a result of the use or operation of a motor vehicle registered in the Province.