Investigation of community placement resources
27(1)Where the Minister is advised that a community placement resource may be
(a)
operating without the Minister’s approval;
(b)
disregarding the criteria for admission to or discharge from the community placement resource or the program or physical standards prescribed by the Minister or by regulation;
(c)
of inadequate quality; or
(d)
dangerous, destructive or damaging to a user of the community placement resource,
the Minister shall evaluate the community placement resource and may make such investigation as he considers necessary, including
(e)
entering the community placement resource;
(f)
inspecting records and documents of the community placement resource; and
(g)
interviewing employees and users of the community placement resource.
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
(a)
operating without the Minister’s approval;
(b)
disregarding the criteria for admission to and discharge from the community placement resource or the program or physical requirements prescribed by the Minister or by regulation;
(c)
of inadequate quality; or
(d)
dangerous, destructive or damaging to the user of the community placement resource,
the Minister shall direct the operator of the community placement resource immediately, or within such time as is specified in the directive, to do any or all of the following, namely
(e)
to make changes recommended by the Minister with respect to the community placement resource;
(f)
to suspend operation of the community placement resource until the recommendations of the Minister are complied with;
(g)
to terminate operation of the community placement resource; or
(h)
to remove the residents or participants from the community placement resource under conditions acceptable to the Minister.
27(5)Where the operator of a community placement resource
(a)
refuses to permit the Minister to conduct an investigation under this section;
(b)
obstructs or interferes with an investigation conducted by the Minister under this section; or
(c)
fails to comply with a directive given by the Minister under subsection (4),
the operator commits an offence; and in such circumstances, whether or not the operator is charged with or convicted of the offence, the Minister may, without notice and without compensation, terminate any contract entered into with the operator of the community placement resource, and may cancel the provision of any resources provided or undertaken to be provided under Part I, and where the Minister terminates a contract pursuant to this subsection he is entitled to compensation from the operator of the community placement resource equal to the value of any resources provided to the community placement resource under this Act during the period of one year prior to the action referred to in paragraph (
a), (
b) or (
c).
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.
2016, c.37, s.66; 2019, c.2, s.54; 2023, c.17, s.87