Acts and Regulations

F-2.2 - Family Services Act

Section 31
Disposition versions

Full text
Security or development of child endangered
Repealed: 2023, c.36, s.13
2023, c.36, s.13
31Repealed: 2023, c.36, s.13
1987, c.P-22.2, s.33; 1995, c.43, s.2; 1997, c.2, s.5; 1998, c.40, s.2; 1997, c.39, s.2; 2010, c.8, s.7; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Security or development of child endangered
31(1)The security or development of a child may be in danger when
(a) the child is without adequate care, supervision or control;
(b) the child is living in unfit or improper circumstances;
(c) the child is in the care of a person who is unable or unwilling to provide adequate care, supervision or control of the child;
(d) the child is in the care of a person whose conduct endangers the life, health or emotional well-being of the child;
(e) the child is physically or sexually abused, physically or emotionally neglected, sexually exploited, including sexual exploitation through child pornography or in danger of such treatment;
(f) the child is living in a situation where there is domestic violence;
(g) the child is in the care of a person who neglects or refuses to provide or obtain proper medical, surgical or other remedial care or treatment necessary for the health or well-being of the child or refuses to permit such care or treatment to be supplied to the child;
(h) the child is beyond the control of the person caring for him;
(i) the child by his behaviour, condition, environment or association, is likely to injure himself or others;
(j) the child is in the care of a person who does not have a right to custody of the child, without the consent of a person having such right;
(k) the child is in the care of a person who neglects or refuses to ensure that the child attends school; or
(l) the child has committed an offence or, if the child is under the age of twelve years, has committed an act or omission that would constitute an offence for which the child could be convicted if the child were twelve years of age or older.
31(2)Where the Minister receives a report or information about any situation that causes him to suspect that the security or development of a child may be in danger, he shall intervene and shall take such steps as the Minister considers necessary to determine whether the security or development of the child is in danger.
31(2.1)The Minister shall advise the parent of a child in respect of whom an investigation is being conducted under this section of the steps to be taken, being taken or that have been taken by the Minister in relation to the investigation, giving reasons wherever possible, at such times as are practicable and where the Minister believes that to do so would not impede the investigation or place the security or development of the child in danger.
31(2.2)The Minister may make an ex parte application to a court for an order authorizing the Minister to conduct or to continue to conduct an investigation in relation to a child under this section where
(a) access to the child, or to any premises or area where the child is, is impeded or denied, or
(b) the Minister has reason to believe that access to the child, or to any premises or area where the child is, will be impeded or denied.
31(2.3)For the purposes of subsection (2.2), the court may grant an order authorizing the Minister to do all or any of the following in an investigation in relation to the child named in the order:
(a) to enter and to conduct in any specified premises or area, a physical examination of or an interview with the child, or both;
(b) to enter any specified premises or area and to remove the child from the premises or area, to a place to be determined by the Minister, for the purposes of having the child undergo a medical examination or so that an interview with the child may be conducted, or both;
(c) to enter and search any specified premises or area and to take possession of anything that the Minister has reasonable and probable grounds to believe is evidence that the security or development of the child is in danger; and
(d) to take any other steps on such terms and conditions as the court may order to determine whether the security or development of the child is in danger.
31(2.4)Notwithstanding subsections (2.2) and (2.3), the Minister may enter and search any premises or area where a child is, for the purpose of conducting or continuing to conduct an investigation under this section, without an order of the court and by force if necessary, where the Minister has reasonable and probable grounds to believe that the security or development of the child would be seriously and imminently in danger as a result of the time required to obtain an order of the court.
31(2.5)Where during an investigation conducted under this section, the Minister has reason to believe that the security or development of the child is in danger, the Minister may
(a) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected,
(b) where the parent of the child is unable or unwilling to enter into an agreement referred to in paragraph (a) or the Minister determines that the security or development of the child can not be adequately protected by an agreement of that nature, apply to the court under subsection 51(2) for an order regarding the child, or
(c) in the circumstances described in subsection 32(1), place the child under protective care.
31(2.6)Where during an investigation conducted under this section, access to any record or document relevant to the security or development of the child is denied to the Minister, the Minister may make an ex parte application to a court for an order requiring the production of the record or document.
31(2.7)No action lies against a person who in good faith provides information, records or documents to the Minister or who in good faith otherwise assists the Minister in an investigation under this section.
31(3)Any person who interferes with or harasses any person as a result of that person providing information or assistance to the Minister with respect to any situation that may endanger the security or development of a child commits an offence.
31(4)Any person who, having the care of a child under the age of twelve years, or a child who is physically, emotionally or intellectually disabled, leaves the child for an unreasonable length of time without making reasonable provision for the care, supervision and control of the child, commits an offence.
31(5)A peace officer may apprehend a child if the peace officer has reason to believe the child is
(a) a child described in subsection 30(1),
(b) a child described in paragraph (1)(i), or
(c) a runaway.
31(6)For the purposes of subsection (5), “runaway” means a child who is under 16 years of age and whose security or development is in danger as a result of the child’s withdrawing from the care and control of the parent or other person responsible for the care of the child.
31(7)A peace officer who apprehends a child under subsection (5) shall immediately notify the Minister, who
(a) shall
(i) in the circumstances described in subsection 32(1), place the child under protective care, or
(ii) return the child to the care of the parent or other person responsible for the care of the child or direct the peace officer to do so, and
(b) may take such other steps as the Minister considers necessary.
1987, c.P-22.2, s.33; 1995, c.43, s.2; 1997, c.2, s.5; 1998, c.40, s.2; 1997, c.39, s.2; 2010, c.8, s.7; 2016, c.37, s.66; 2019, c.2, s.54
Security or development of child endangered
31(1)The security or development of a child may be in danger when
(a) the child is without adequate care, supervision or control;
(b) the child is living in unfit or improper circumstances;
(c) the child is in the care of a person who is unable or unwilling to provide adequate care, supervision or control of the child;
(d) the child is in the care of a person whose conduct endangers the life, health or emotional well-being of the child;
(e) the child is physically or sexually abused, physically or emotionally neglected, sexually exploited, including sexual exploitation through child pornography or in danger of such treatment;
(f) the child is living in a situation where there is domestic violence;
(g) the child is in the care of a person who neglects or refuses to provide or obtain proper medical, surgical or other remedial care or treatment necessary for the health or well-being of the child or refuses to permit such care or treatment to be supplied to the child;
(h) the child is beyond the control of the person caring for him;
(i) the child by his behaviour, condition, environment or association, is likely to injure himself or others;
(j) the child is in the care of a person who does not have a right to custody of the child, without the consent of a person having such right;
(k) the child is in the care of a person who neglects or refuses to ensure that the child attends school; or
(l) the child has committed an offence or, if the child is under the age of twelve years, has committed an act or omission that would constitute an offence for which the child could be convicted if the child were twelve years of age or older.
31(2)Where the Minister of Families and Children receives a report or information about any situation that causes him to suspect that the security or development of a child may be in danger, he shall intervene and shall take such steps as the Minister considers necessary to determine whether the security or development of the child is in danger.
31(2.1)The Minister shall advise the parent of a child in respect of whom an investigation is being conducted under this section of the steps to be taken, being taken or that have been taken by the Minister in relation to the investigation, giving reasons wherever possible, at such times as are practicable and where the Minister believes that to do so would not impede the investigation or place the security or development of the child in danger.
31(2.2)The Minister may make an ex parte application to a court for an order authorizing the Minister to conduct or to continue to conduct an investigation in relation to a child under this section where
(a) access to the child, or to any premises or area where the child is, is impeded or denied, or
(b) the Minister has reason to believe that access to the child, or to any premises or area where the child is, will be impeded or denied.
31(2.3)For the purposes of subsection (2.2), the court may grant an order authorizing the Minister to do all or any of the following in an investigation in relation to the child named in the order:
(a) to enter and to conduct in any specified premises or area, a physical examination of or an interview with the child, or both;
(b) to enter any specified premises or area and to remove the child from the premises or area, to a place to be determined by the Minister, for the purposes of having the child undergo a medical examination or so that an interview with the child may be conducted, or both;
(c) to enter and search any specified premises or area and to take possession of anything that the Minister has reasonable and probable grounds to believe is evidence that the security or development of the child is in danger; and
(d) to take any other steps on such terms and conditions as the court may order to determine whether the security or development of the child is in danger.
31(2.4)Notwithstanding subsections (2.2) and (2.3), the Minister may enter and search any premises or area where a child is, for the purpose of conducting or continuing to conduct an investigation under this section, without an order of the court and by force if necessary, where the Minister has reasonable and probable grounds to believe that the security or development of the child would be seriously and imminently in danger as a result of the time required to obtain an order of the court.
31(2.5)Where during an investigation conducted under this section, the Minister has reason to believe that the security or development of the child is in danger, the Minister may
(a) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected,
(b) where the parent of the child is unable or unwilling to enter into an agreement referred to in paragraph (a) or the Minister determines that the security or development of the child can not be adequately protected by an agreement of that nature, apply to the court under subsection 51(2) for an order regarding the child, or
(c) in the circumstances described in subsection 32(1), place the child under protective care.
31(2.6)Where during an investigation conducted under this section, access to any record or document relevant to the security or development of the child is denied to the Minister, the Minister may make an ex parte application to a court for an order requiring the production of the record or document.
31(2.7)No action lies against a person who in good faith provides information, records or documents to the Minister or who in good faith otherwise assists the Minister in an investigation under this section.
31(3)Any person who interferes with or harasses any person as a result of that person providing information or assistance to the Minister with respect to any situation that may endanger the security or development of a child commits an offence.
31(4)Any person who, having the care of a child under the age of twelve years, or a child who is physically, emotionally or intellectually disabled, leaves the child for an unreasonable length of time without making reasonable provision for the care, supervision and control of the child, commits an offence.
31(5)A peace officer may apprehend a child if the peace officer has reason to believe the child is
(a) a child described in subsection 30(1),
(b) a child described in paragraph (1)(i), or
(c) a runaway.
31(6)For the purposes of subsection (5), “runaway” means a child who is under 16 years of age and whose security or development is in danger as a result of the child’s withdrawing from the care and control of the parent or other person responsible for the care of the child.
31(7)A peace officer who apprehends a child under subsection (5) shall immediately notify the Minister, who
(a) shall
(i) in the circumstances described in subsection 32(1), place the child under protective care, or
(ii) return the child to the care of the parent or other person responsible for the care of the child or direct the peace officer to do so, and
(b) may take such other steps as the Minister considers necessary.
1987, c.P-22.2, s.33; 1995, c.43, s.2; 1997, c.2, s.5; 1998, c.40, s.2; 1997, c.39, s.2; 2010, c.8, s.7; 2016, c.37, s.66
Security or development of child endangered
31(1)The security or development of a child may be in danger when
(a) the child is without adequate care, supervision or control;
(b) the child is living in unfit or improper circumstances;
(c) the child is in the care of a person who is unable or unwilling to provide adequate care, supervision or control of the child;
(d) the child is in the care of a person whose conduct endangers the life, health or emotional well-being of the child;
(e) the child is physically or sexually abused, physically or emotionally neglected, sexually exploited, including sexual exploitation through child pornography or in danger of such treatment;
(f) the child is living in a situation where there is domestic violence;
(g) the child is in the care of a person who neglects or refuses to provide or obtain proper medical, surgical or other remedial care or treatment necessary for the health or well-being of the child or refuses to permit such care or treatment to be supplied to the child;
(h) the child is beyond the control of the person caring for him;
(i) the child by his behaviour, condition, environment or association, is likely to injure himself or others;
(j) the child is in the care of a person who does not have a right to custody of the child, without the consent of a person having such right;
(k) the child is in the care of a person who neglects or refuses to ensure that the child attends school; or
(l) the child has committed an offence or, if the child is under the age of twelve years, has committed an act or omission that would constitute an offence for which the child could be convicted if the child were twelve years of age or older.
31(2)Where the Minister receives a report or information about any situation that causes him to suspect that the security or development of a child may be in danger, he shall intervene and shall take such steps as the Minister considers necessary to determine whether the security or development of the child is in danger.
31(2.1)The Minister shall advise the parent of a child in respect of whom an investigation is being conducted under this section of the steps to be taken, being taken or that have been taken by the Minister in relation to the investigation, giving reasons wherever possible, at such times as are practicable and where the Minister believes that to do so would not impede the investigation or place the security or development of the child in danger.
31(2.2)The Minister may make an ex parte application to a court for an order authorizing the Minister to conduct or to continue to conduct an investigation in relation to a child under this section where
(a) access to the child, or to any premises or area where the child is, is impeded or denied, or
(b) the Minister has reason to believe that access to the child, or to any premises or area where the child is, will be impeded or denied.
31(2.3)For the purposes of subsection (2.2), the court may grant an order authorizing the Minister to do all or any of the following in an investigation in relation to the child named in the order:
(a) to enter and to conduct in any specified premises or area, a physical examination of or an interview with the child, or both;
(b) to enter any specified premises or area and to remove the child from the premises or area, to a place to be determined by the Minister, for the purposes of having the child undergo a medical examination or so that an interview with the child may be conducted, or both;
(c) to enter and search any specified premises or area and to take possession of anything that the Minister has reasonable and probable grounds to believe is evidence that the security or development of the child is in danger; and
(d) to take any other steps on such terms and conditions as the court may order to determine whether the security or development of the child is in danger.
31(2.4)Notwithstanding subsections (2.2) and (2.3), the Minister may enter and search any premises or area where a child is, for the purpose of conducting or continuing to conduct an investigation under this section, without an order of the court and by force if necessary, where the Minister has reasonable and probable grounds to believe that the security or development of the child would be seriously and imminently in danger as a result of the time required to obtain an order of the court.
31(2.5)Where during an investigation conducted under this section, the Minister has reason to believe that the security or development of the child is in danger, the Minister may
(a) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected,
(b) where the parent of the child is unable or unwilling to enter into an agreement referred to in paragraph (a) or the Minister determines that the security or development of the child can not be adequately protected by an agreement of that nature, apply to the court under subsection 51(2) for an order regarding the child, or
(c) in the circumstances described in subsection 32(1), place the child under protective care.
31(2.6)Where during an investigation conducted under this section, access to any record or document relevant to the security or development of the child is denied to the Minister, the Minister may make an ex parte application to a court for an order requiring the production of the record or document.
31(2.7)No action lies against a person who in good faith provides information, records or documents to the Minister or who in good faith otherwise assists the Minister in an investigation under this section.
31(3)Any person who interferes with or harasses any person as a result of that person providing information or assistance to the Minister with respect to any situation that may endanger the security or development of a child commits an offence.
31(4)Any person who, having the care of a child under the age of twelve years, or a child who is physically, emotionally or intellectually disabled, leaves the child for an unreasonable length of time without making reasonable provision for the care, supervision and control of the child, commits an offence.
31(5)A peace officer may apprehend a child if the peace officer has reason to believe the child is
(a) a child described in subsection 30(1),
(b) a child described in paragraph (1)(i), or
(c) a runaway.
31(6)For the purposes of subsection (5), “runaway” means a child who is under 16 years of age and whose security or development is in danger as a result of the child’s withdrawing from the care and control of the parent or other person responsible for the care of the child.
31(7)A peace officer who apprehends a child under subsection (5) shall immediately notify the Minister, who
(a) shall
(i) in the circumstances described in subsection 32(1), place the child under protective care, or
(ii) return the child to the care of the parent or other person responsible for the care of the child or direct the peace officer to do so, and
(b) may take such other steps as the Minister considers necessary.
1987, c.P-22.2, s.33; 1995, c.43, s.2; 1997, c.2, s.5; 1998, c.40, s.2; 1997, c.39, s.2; 2010, c.8, s.7
Security or development of child endangered
31(1)The security or development of a child may be in danger when
(a) the child is without adequate care, supervision or control;
(b) the child is living in unfit or improper circumstances;
(c) the child is in the care of a person who is unable or unwilling to provide adequate care, supervision or control of the child;
(d) the child is in the care of a person whose conduct endangers the life, health or emotional well-being of the child;
(e) the child is physically or sexually abused, physically or emotionally neglected, sexually exploited, including sexual exploitation through child pornography or in danger of such treatment;
(f) the child is living in a situation where there is domestic violence;
(g) the child is in the care of a person who neglects or refuses to provide or obtain proper medical, surgical or other remedial care or treatment necessary for the health or well-being of the child or refuses to permit such care or treatment to be supplied to the child;
(h) the child is beyond the control of the person caring for him;
(i) the child by his behaviour, condition, environment or association, is likely to injure himself or others;
(j) the child is in the care of a person who does not have a right to custody of the child, without the consent of a person having such right;
(k) the child is in the care of a person who neglects or refuses to ensure that the child attends school; or
(l) the child has committed an offence or, if the child is under the age of twelve years, has committed an act or omission that would constitute an offence for which the child could be convicted if the child were twelve years of age or older.
31(2)Where the Minister receives a report or information about any situation that causes him to suspect that the security or development of a child may be in danger, he shall intervene and shall take such steps as the Minister considers necessary to determine whether the security or development of the child is in danger.
31(2.1)The Minister shall advise the parent of a child in respect of whom an investigation is being conducted under this section of the steps to be taken, being taken or that have been taken by the Minister in relation to the investigation, giving reasons wherever possible, at such times as are practicable and where the Minister believes that to do so would not impede the investigation or place the security or development of the child in danger.
31(2.2)The Minister may make an ex parte application to a court for an order authorizing the Minister to conduct or to continue to conduct an investigation in relation to a child under this section where
(a) access to the child, or to any premises or area where the child is, is impeded or denied, or
(b) the Minister has reason to believe that access to the child, or to any premises or area where the child is, will be impeded or denied.
31(2.3)For the purposes of subsection (2.2), the court may grant an order authorizing the Minister to do all or any of the following in an investigation in relation to the child named in the order:
(a) to enter and to conduct in any specified premises or area, a physical examination of or an interview with the child, or both;
(b) to enter any specified premises or area and to remove the child from the premises or area, to a place to be determined by the Minister, for the purposes of having the child undergo a medical examination or so that an interview with the child may be conducted, or both;
(c) to enter and search any specified premises or area and to take possession of anything that the Minister has reasonable and probable grounds to believe is evidence that the security or development of the child is in danger; and
(d) to take any other steps on such terms and conditions as the court may order to determine whether the security or development of the child is in danger.
31(2.4)Notwithstanding subsections (2.2) and (2.3), the Minister may enter and search any premises or area where a child is, for the purpose of conducting or continuing to conduct an investigation under this section, without an order of the court and by force if necessary, where the Minister has reasonable and probable grounds to believe that the security or development of the child would be seriously and imminently in danger as a result of the time required to obtain an order of the court.
31(2.5)Where during an investigation conducted under this section, the Minister has reason to believe that the security or development of the child is in danger, the Minister may
(a) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected,
(b) where the parent of the child is unable or unwilling to enter into an agreement referred to in paragraph (a) or the Minister determines that the security or development of the child can not be adequately protected by an agreement of that nature, apply to the court under subsection 51(2) for an order regarding the child, or
(c) in the circumstances described in subsection 32(1), place the child under protective care.
31(2.6)Where during an investigation conducted under this section, access to any record or document relevant to the security or development of the child is denied to the Minister, the Minister may make an ex parte application to a court for an order requiring the production of the record or document.
31(2.7)No action lies against a person who in good faith provides information, records or documents to the Minister or who in good faith otherwise assists the Minister in an investigation under this section.
31(3)Any person who interferes with or harasses any person as a result of that person providing information or assistance to the Minister with respect to any situation that may endanger the security or development of a child commits an offence.
31(4)Any person who, having the care of a child under the age of twelve years, or a child who is physically, emotionally or intellectually disabled, leaves the child for an unreasonable length of time without making reasonable provision for the care, supervision and control of the child, commits an offence.
31(5)A peace officer may apprehend a child if the peace officer has reason to believe the child is
(a) a child described in subsection 30(1),
(b) a child described in paragraph (1)(i), or
(c) a runaway.
31(6)For the purposes of subsection (5), “runaway” means a child who is under 16 years of age and whose security or development is in danger as a result of the child’s withdrawing from the care and control of the parent or other person responsible for the care of the child.
31(7)A peace officer who apprehends a child under subsection (5) shall immediately notify the Minister, who
(a) shall
(i) in the circumstances described in subsection 32(1), place the child under protective care, or
(ii) return the child to the care of the parent or other person responsible for the care of the child or direct the peace officer to do so, and
(b) may take such other steps as the Minister considers necessary.
1987, c.P-22.2, s.33; 1995, c.43, s.2; 1997, c.2, s.5; 1998, c.40, s.2; 1997, c.39, s.2; 2010, c.8, s.7
Security or development of child endangered
31(1)The security or development of a child may be in danger when
(a) the child is without adequate care, supervision or control;
(b) the child is living in unfit or improper circumstances;
(c) the child is in the care of a person who is unable or unwilling to provide adequate care, supervision or control of the child;
(d) the child is in the care of a person whose conduct endangers the life, health or emotional well-being of the child;
(e) the child is physically or sexually abused, physically or emotionally neglected, sexually exploited, including sexual exploitation through child pornography or in danger of such treatment;
(f) the child is living in a situation where there is domestic violence;
(g) the child is in the care of a person who neglects or refuses to provide or obtain proper medical, surgical or other remedial care or treatment necessary for the health or well-being of the child or refuses to permit such care or treatment to be supplied to the child;
(h) the child is beyond the control of the person caring for him;
(i) the child by his behaviour, condition, environment or association, is likely to injure himself or others;
(j) the child is in the care of a person who does not have a right to custody of the child, without the consent of a person having such right;
(k) the child is in the care of a person who neglects or refuses to ensure that the child attends school; or
(l) the child has committed an offence or, if the child is under the age of twelve years, has committed an act or omission that would constitute an offence for which the child could be convicted if the child were twelve years of age or older.
31(2)Where the Minister receives a report or information about any situation that causes him to suspect that the security or development of a child may be in danger, he shall investigate and shall take such steps as the Minister considers necessary to determine whether the security or development of the child is in danger.
31(2.1)The Minister shall advise the parent of a child in respect of whom an investigation is being conducted under this section of the steps to be taken, being taken or that have been taken by the Minister in relation to the investigation, giving reasons wherever possible, at such times as are practicable and where the Minister believes that to do so would not impede the investigation or place the security or development of the child in danger.
31(2.2)The Minister may make an ex parte application to a court for an order authorizing the Minister to conduct or to continue to conduct an investigation in relation to a child under this section where
(a) access to the child, or to any premises or area where the child is, is impeded or denied, or
(b) the Minister has reason to believe that access to the child, or to any premises or area where the child is, will be impeded or denied.
31(2.3)For the purposes of subsection (2.2), the court may grant an order authorizing the Minister to do all or any of the following in an investigation in relation to the child named in the order:
(a) to enter and to conduct in any specified premises or area, a physical examination of or an interview with the child, or both;
(b) to enter any specified premises or area and to remove the child from the premises or area, to a place to be determined by the Minister, for the purposes of having the child undergo a medical examination or so that an interview with the child may be conducted, or both;
(c) to enter and search any specified premises or area and to take possession of anything that the Minister has reasonable and probable grounds to believe is evidence that the security or development of the child is in danger; and
(d) to take any other steps on such terms and conditions as the court may order to determine whether the security or development of the child is in danger.
31(2.4)Notwithstanding subsections (2.2) and (2.3), the Minister may enter and search any premises or area where a child is, for the purpose of conducting or continuing to conduct an investigation under this section, without an order of the court and by force if necessary, where the Minister has reasonable and probable grounds to believe that the security or development of the child would be seriously and imminently in danger as a result of the time required to obtain an order of the court.
31(2.5)Where during an investigation conducted under this section, the Minister has reason to believe that the security or development of the child is in danger, the Minister may
(a) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected,
(b) where the parent of the child is unable or unwilling to enter into an agreement referred to in paragraph (a) or the Minister determines that the security or development of the child can not be adequately protected by an agreement of that nature, apply to the court under subsection 51(2) for an order regarding the child, or
(c) in the circumstances described in subsection 32(1), place the child under protective care.
31(2.6)Where during an investigation conducted under this section, access to any record or document relevant to the security or development of the child is denied to the Minister, the Minister may make an ex parte application to a court for an order requiring the production of the record or document.
31(2.7)No action lies against a person who in good faith provides information, records or documents to the Minister or who in good faith otherwise assists the Minister in an investigation under this section.
31(3)Any person who interferes with or harasses any person as a result of that person providing information or assistance to the Minister with respect to any situation that may endanger the security or development of a child commits an offence.
31(4)Any person who, having the care of a child under the age of twelve years, or a child who is physically, emotionally or intellectually disabled, leaves the child for an unreasonable length of time without making reasonable provision for the care, supervision and control of the child, commits an offence.
31(5)A peace officer may apprehend a child if the peace officer has reason to believe the child is
(a) a child described in subsection 30(1),
(b) a child described in paragraph (1)(i), or
(c) a runaway.
31(6)For the purposes of subsection (5), “runaway” means a child who is under 16 years of age and whose security or development is in danger as a result of the child’s withdrawing from the care and control of the parent or other person responsible for the care of the child.
31(7)A peace officer who apprehends a child under subsection (5) shall immediately notify the Minister, who
(a) shall
(i) in the circumstances described in subsection 32(1), place the child under protective care, or
(ii) return the child to the care of the parent or other person responsible for the care of the child or direct the peace officer to do so, and
(b) may take such other steps as the Minister considers necessary.
1987, c.P-22.2, s.33; 1995, c.43, s.2; 1997, c.2, s.5; 1998, c.40, s.2; 1997, c.39, s.2; 2010, c.8, s.7
Security or development of child endangered
31(1)The security or development of a child may be in danger when
(a) the child is without adequate care, supervision or control;
(b) the child is living in unfit or improper circumstances;
(c) the child is in the care of a person who is unable or unwilling to provide adequate care, supervision or control of the child;
(d) the child is in the care of a person whose conduct endangers the life, health or emotional well-being of the child;
(e) the child is physically or sexually abused, physically or emotionally neglected, sexually exploited or in danger of such treatment;
(f) the child is living in a situation where there is domestic violence;
(g) the child is in the care of a person who neglects or refuses to provide or obtain proper medical, surgical or other remedial care or treatment necessary for the health or well-being of the child or refuses to permit such care or treatment to be supplied to the child;
(h) the child is beyond the control of the person caring for him;
(i) the child by his behaviour, condition, environment or association, is likely to injure himself or others;
(j) the child is in the care of a person who does not have a right to custody of the child, without the consent of a person having such right;
(k) the child is in the care of a person who neglects or refuses to ensure that the child attends school; or
(l) the child has committed an offence or, if the child is under the age of twelve years, has committed an act or omission that would constitute an offence for which the child could be convicted if the child were twelve years of age or older.
31(2)Where the Minister receives a report or information about any situation that causes him to suspect that the security or development of a child may be in danger, he shall investigate and shall take such steps as the Minister considers necessary to determine whether the security or development of the child is in danger.
31(2.1)The Minister shall advise the parent of a child in respect of whom an investigation is being conducted under this section of the steps to be taken, being taken or that have been taken by the Minister in relation to the investigation, giving reasons wherever possible, at such times as are practicable and where the Minister believes that to do so would not impede the investigation or place the security or development of the child in danger.
31(2.2)The Minister may make an ex parte application to a court for an order authorizing the Minister to conduct or to continue to conduct an investigation in relation to a child under this section where
(a) access to the child, or to any premises or area where the child is, is impeded or denied, or
(b) the Minister has reason to believe that access to the child, or to any premises or area where the child is, will be impeded or denied.
31(2.3)For the purposes of subsection (2.2), the court may grant an order authorizing the Minister to do all or any of the following in an investigation in relation to the child named in the order:
(a) to enter and to conduct in any specified premises or area, a physical examination of or an interview with the child, or both;
(b) to enter any specified premises or area and to remove the child from the premises or area, to a place to be determined by the Minister, for the purposes of having the child undergo a medical examination or so that an interview with the child may be conducted, or both;
(c) to enter and search any specified premises or area and to take possession of anything that the Minister has reasonable and probable grounds to believe is evidence that the security or development of the child is in danger; and
(d) to take any other steps on such terms and conditions as the court may order to determine whether the security or development of the child is in danger.
31(2.4)Notwithstanding subsections (2.2) and (2.3), the Minister may enter and search any premises or area where a child is, for the purpose of conducting or continuing to conduct an investigation under this section, without an order of the court and by force if necessary, where the Minister has reasonable and probable grounds to believe that the security or development of the child would be seriously and imminently in danger as a result of the time required to obtain an order of the court.
31(2.5)Where during an investigation conducted under this section, the Minister has reason to believe that the security or development of the child is in danger, the Minister may
(a) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected,
(b) where the parent of the child is unable or unwilling to enter into an agreement referred to in paragraph (a) or the Minister determines that the security or development of the child can not be adequately protected by an agreement of that nature, apply to the court under subsection 51(2) for an order regarding the child, or
(c) in the circumstances described in subsection 32(1), place the child under protective care.
31(2.6)Where during an investigation conducted under this section, access to any record or document relevant to the security or development of the child is denied to the Minister, the Minister may make an ex parte application to a court for an order requiring the production of the record or document.
31(2.7)No action lies against a person who in good faith provides information, records or documents to the Minister or who in good faith otherwise assists the Minister in an investigation under this section.
31(3)Any person who interferes with or harasses any person as a result of that person providing information or assistance to the Minister with respect to any situation that may endanger the security or development of a child commits an offence.
31(4)Any person who, having the care of a child under the age of twelve years, or a child who is physically, emotionally or intellectually disabled, leaves the child for an unreasonable length of time without making reasonable provision for the care, supervision and control of the child, commits an offence.
31(5)A peace officer may apprehend a child if the peace officer has reason to believe the child is
(a) a child described in subsection 30(1),
(b) a child described in paragraph (1)(i), or
(c) a runaway.
31(6)For the purposes of subsection (5), “runaway” means a child whose security or development is in danger as a result of the child’s withdrawing from the care and control of the parent or other person responsible for the care of the child.
31(7)A peace officer who apprehends a child under subsection (5) shall immediately notify the Minister, who
(a) shall
(i) in the circumstances described in subsection 32(1), place the child under protective care, or
(ii) return the child to the care of the parent or other person responsible for the care of the child or direct the peace officer to do so, and
(b) may take such other steps as the Minister considers necessary.
1987, c.P-22.2, s.33; 1995, c.43, s.2; 1997, c.2, s.5; 1998, c.40, s.2; 1997, c.39, s.2