Acts and Regulations

F-2.2 - Family Services Act

Section 22
Disposition versions

Full text
Investigation of community social services agency
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
(a) of inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
the Minister shall evaluate the matter brought to his attention and may make such investigation as he considers necessary, including
(c) entering any premises occupied by the agency in question,
(d) inspecting records and documents of the agency, and
(e) interviewing employees of the agency and recipients of the social service provided by the agency.
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
(a) of inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
the Minister may direct the owner or person in charge of the community social service agency immediately or within such time as is specified in the directive to do any or all of the following, namely
(c) to make changes recommended by the Minister with respect to the provision of the social service, the operation of a social service program or the conduct of the business of the agency;
(d) to suspend the provision of the social service or the operation of a social service program until the recommendations of the Minister are complied with;
(e) to terminate provision of the social service, the operation of a social service program or the business of the agency.
22(5)Where the owner or person in charge of a community social service agency
(a) refuses to permit the Minister to conduct an investigation under this section, or
(b) obstructs or interferes with an investigation conducted by the Minister under this section,
that person commits an offence.
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(8)Repealed: 1994, c.8, s.4
1994, c.8, s.4; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.17, s.87
Investigation of community social services agency
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
(a) of inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
the Minister shall evaluate the matter brought to his attention and may make such investigation as he considers necessary, including
(c) entering any premises occupied by the agency in question,
(d) inspecting records and documents of the agency, and
(e) interviewing employees of the agency and recipients of the social service provided by the agency.
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
(a) of inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
the Minister may direct the owner or person in charge of the community social service agency immediately or within such time as is specified in the directive to do any or all of the following, namely
(c) to make changes recommended by the Minister with respect to the provision of the social service, the operation of a social service program or the conduct of the business of the agency;
(d) to suspend the provision of the social service or the operation of a social service program until the recommendations of the Minister are complied with;
(e) to terminate provision of the social service, the operation of a social service program or the business of the agency.
22(5)Where the owner or person in charge of a community social service agency
(a) refuses to permit the Minister to conduct an investigation under this section, or
(b) obstructs or interferes with an investigation conducted by the Minister under this section,
that person commits an offence.
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 Queen’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 Her Majesty against the person named in the certificate for a debt of the amount specified in the certificate.
22(8)Repealed: 1994, c.8, s.4
1994, c.8, s.4; 2016, c.37, s.66; 2019, c.2, s.54
Investigation of community social services agency
22(1)Where the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, 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
(a) of inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
the Minister shall evaluate the matter brought to his attention and may make such investigation as he considers necessary, including
(c) entering any premises occupied by the agency in question,
(d) inspecting records and documents of the agency, and
(e) interviewing employees of the agency and recipients of the social service provided by the agency.
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
(a) of inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
the Minister may direct the owner or person in charge of the community social service agency immediately or within such time as is specified in the directive to do any or all of the following, namely
(c) to make changes recommended by the Minister with respect to the provision of the social service, the operation of a social service program or the conduct of the business of the agency;
(d) to suspend the provision of the social service or the operation of a social service program until the recommendations of the Minister are complied with;
(e) to terminate provision of the social service, the operation of a social service program or the business of the agency.
22(5)Where the owner or person in charge of a community social service agency
(a) refuses to permit the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, to conduct an investigation under this section, or
(b) obstructs or interferes with an investigation conducted by the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, under this section,
that person commits an offence.
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 Queen’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 Her Majesty against the person named in the certificate for a debt of the amount specified in the certificate.
22(8)Repealed: 1994, c.8, s.4
1994, c.8, s.4; 2016, c.37, s.66
Investigation of community social services agency
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
(a) of inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
the Minister shall evaluate the matter brought to his attention and may make such investigation as he considers necessary, including
(c) entering any premises occupied by the agency in question,
(d) inspecting records and documents of the agency, and
(e) interviewing employees of the agency and recipients of the social service provided by the agency.
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
(a) of inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
the Minister may direct the owner or person in charge of the community social service agency immediately or within such time as is specified in the directive to do any or all of the following, namely
(c) to make changes recommended by the Minister with respect to the provision of the social service, the operation of a social service program or the conduct of the business of the agency;
(d) to suspend the provision of the social service or the operation of a social service program until the recommendations of the Minister are complied with;
(e) to terminate provision of the social service, the operation of a social service program or the business of the agency.
22(5)Where the owner or person in charge of a community social service agency
(a) refuses to permit the Minister to conduct an investigation under this section, or
(b) obstructs or interferes with an investigation conducted by the Minister under this section,
that person commits an offence.
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 Queen’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 Her Majesty against the person named in the certificate for a debt of the amount specified in the certificate.
22(8)Repealed: 1994, c.8, s.4
1994, c.8, s.4