Acts and Regulations

C-2.7 - Child, Youth and Senior Advocate Act

Section 22
Disposition versions

Full text
Confidentiality of information
22(1)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Advocate’s mandate under this Act.
22(2)Notwithstanding subsection (1), and subject to subsections (3) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
22(3)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.
22(3.1)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about an adult under protection or a senior unless consent has first been obtained from the adult or senior.
22(4)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under subsection 35.1(1) of the Family Services Act;
(d) Repealed: 2023, c.36, s.3
(d.01) information that would identify a person who gives information under section 35 of the Child and Youth Well-Being Act;
(d.02) information protected by Part 7 of the Child and Youth Well-Being Act;
(d.1) information protected from disclosure by section 6 of the Health Quality and Patient Safety Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(e.1) information protected from disclosure by section 42.71 of the Coroners Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Advocate does not have a right of access to under section 21.
22(5)Failure by an employee to comply with subsection (1), (3) or (4) is sufficient grounds for dismissal or other disciplinary action as the Advocate considers appropriate.
22(6)For the purposes of this section, an employee of the Office of the Child, Youth and Senior Advocate includes an employee of Ombud New Brunswick that is shared with the Advocate under subsection 11(5).
2016, c.21, s.11; 2016, c.54, s.11; 2017, c.1, s.5; 2017, c.14, s.1; 2017, c.29, s.11; 2020, c.27, s.7; 2023, c.36, s.3
Confidentiality of information
22(1)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Advocate’s mandate under this Act.
22(2)Notwithstanding subsection (1), and subject to subsections (3) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
22(3)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.
22(3.1)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about an adult under protection or a senior unless consent has first been obtained from the adult or senior.
22(4)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(d.1) information protected from disclosure by section 6 of the Health Quality and Patient Safety Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(e.1) information protected from disclosure by section 42.71 of the Coroners Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Advocate does not have a right of access to under section 21.
22(5)Failure by an employee to comply with subsection (1), (3) or (4) is sufficient grounds for dismissal or other disciplinary action as the Advocate considers appropriate.
22(6)For the purposes of this section, an employee of the Office of the Child, Youth and Senior Advocate includes an employee of Ombud New Brunswick that is shared with the Advocate under subsection 11(5).
2016, c.21, s.11; 2016, c.54, s.11; 2017, c.1, s.5; 2017, c.14, s.1; 2017, c.29, s.11; 2020, c.27, s.7
Confidentiality of information
22(1)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Advocate’s mandate under this Act.
22(2)Notwithstanding subsection (1), and subject to subsections (3) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
22(3)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.
22(3.1)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about an adult under protection or a senior unless consent has first been obtained from the adult or senior.
22(4)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(d.1) information protected from disclosure by section 6 of the Health Quality and Patient Safety Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Advocate does not have a right of access to under section 21.
22(5)Failure by an employee to comply with subsection (1), (3) or (4) is sufficient grounds for dismissal or other disciplinary action as the Advocate considers appropriate.
22(6)For the purposes of this section, an employee of the Office of the Child, Youth and Senior Advocate includes an employee of Ombud New Brunswick that is shared with the Advocate under subsection 11(5).
2016, c.21, s.11; 2016, c.54, s.11; 2017, c.1, s.5; 2017, c.14, s.1; 2017, c.29, s.11
Confidentiality of information
22(1)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Advocate’s mandate under this Act.
22(2)Notwithstanding subsection (1), and subject to subsections (3) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
22(3)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.
22(3.1)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about an adult under protection or a senior unless consent has first been obtained from the adult or senior.
22(4)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Advocate does not have a right of access to under section 21.
22(5)Failure by an employee to comply with subsection (1), (3) or (4) is sufficient grounds for dismissal or other disciplinary action as the Advocate considers appropriate.
22(6)For the purposes of this section, an employee of the Office of the Child, Youth and Senior Advocate includes an employee of Ombud New Brunswick that is shared with the Advocate under subsection 11(5).
2016, c.54, s.11; 2017, c.1, s.5; 2017, c.14, s.1; 2017, c.29, s.11
Confidentiality of information
22(1)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Advocate’s mandate under this Act.
22(2)Notwithstanding subsection (1), and subject to subsections (3) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
22(3)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.
22(3.1)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about an adult under protection or a senior unless consent has first been obtained from the adult or senior.
22(4)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Advocate does not have a right of access to under section 21.
22(5)Failure by an employee to comply with subsection (1), (3) or (4) is sufficient grounds for dismissal or other disciplinary action as the Advocate considers appropriate.
22(6)For the purposes of this section, an employee of the Office of the Child, Youth and Senior Advocate includes an employee of the Office of the Ombudsman that is shared with the Advocate under subsection 11(5).
2016, c.54, s.11; 2017, c.14, s.1; 2017, c.29, s.11
Confidentiality of information
22(1)The Advocate, employees of the Office of the Child and Youth Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Advocate’s mandate under this Act.
22(2)Notwithstanding subsection (1), and subject to subsections (3) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
22(3)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.
22(4)The Advocate, employees of the Office of the Child and Youth Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Advocate does not have a right of access to under section 21.
22(5)Failure by an employee to comply with subsection (1), (3) or (4) is sufficient grounds for dismissal or other disciplinary action as the Advocate considers appropriate.
22(6)For the purposes of this section, an employee of the Office of the Child and Youth Advocate includes an employee of the Office of the Ombudsman that is shared with the Advocate under subsection 11(5).
2017, c.14, s.1; 2017, c.29, s.11
Confidentiality of information
22(1)The Advocate, employees of the Office of the Child and Youth Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Advocate’s mandate under this Act.
22(2)Notwithstanding subsection (1), and subject to subsections (3) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
22(3)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.
22(4)The Advocate, employees of the Office of the Child and Youth Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(e) information protected from disclosure by section 16.1 or 17 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Advocate does not have a right of access to under section 21.
22(5)Failure by an employee to comply with subsection (1), (3) or (4) is sufficient grounds for dismissal or other disciplinary action as the Advocate considers appropriate.
22(6)For the purposes of this section, an employee of the Office of the Child and Youth Advocate includes an employee of the Office of the Ombudsman that is shared with the Advocate under subsection 11(5).
2017, c.14, s.1
Confidentiality of information
22(1)The Advocate, employees of the Office of the Child and Youth Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Advocate’s mandate under this Act.
22(2)Notwithstanding subsection (1), and subject to subsections (3) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
22(3)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.
22(4)The Advocate, employees of the Office of the Child and Youth Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by section 91 of the Family Services Act;
(e) information protected from disclosure by section 16.1 or 17 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Advocate does not have a right of access to under section 21.
22(5)Failure by an employee to comply with subsection (1), (3) or (4) is sufficient grounds for dismissal or other disciplinary action as the Advocate considers appropriate.
22(6)For the purposes of this section, an employee of the Office of the Child and Youth Advocate includes an employee of the Office of the Ombudsman that is shared with the Advocate under subsection 11(5).
Confidentiality of information
22(1)The Advocate, employees of the Office of the Child and Youth Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Advocate’s mandate under this Act.
22(2)Notwithstanding subsection (1), and subject to subsections (3) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
22(3)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.
22(4)The Advocate, employees of the Office of the Child and Youth Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by section 91 of the Family Services Act;
(e) information protected from disclosure by section 16.1 or 17 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Advocate does not have a right of access to under section 21.
22(5)Failure by an employee to comply with subsection (1), (3) or (4) is sufficient grounds for dismissal or other disciplinary action as the Advocate considers appropriate.
22(6)For the purposes of this section, an employee of the Office of the Child and Youth Advocate includes an employee of the Office of the Ombudsman that is shared with the Advocate under subsection 11(5).