Acts and Regulations

F-2.2 - Family Services Act

Full text
Search of premises and removal of child, removal, arrest and detention of offending persons
Repealed: 2023, c.36, s.13
2023, c.36, s.13
33Repealed: 2023, c.36, s.13
1981, c.10, s.2; 1986, c.6, s.10; 1990, c.25, s.2; 1992, c.52, s.11; 1995, c.43, s.4; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Search of premises and removal of child, removal, arrest and detention of offending persons
33(1)Where a child is a child in care or the Minister determines to place a child under protective care but the parent or any other person refuses to release the child to the Minister, or access to the child is otherwise impeded or denied, the Minister may make an ex parte application to a court for an order authorizing the Minister to enter and search any premises or area where the child is, for the purpose of removing the child from the premises or area.
33(2)Notwithstanding subsection (1), the Minister may enter and search any premises or area for the purposes of removing the child, 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.
33(2.1)A child removed from any premises or area in accordance with subsection (1) or (2) who is not already a child in care under a custody agreement, a guardianship agreement, a custody order or a guardianship order shall be deemed to be a child under the protective care of the Minister for the purposes of this Act.
33(3)Where a child has been placed under the protective care of the Minister but remains in the child’s own home, if the Minister has reason to believe any person may endanger the security or development of the child the Minister may apply to the court for a warrant authorizing either one of the following or both:
(a) the removal of the offending person from the premises in which the child resides,
(b) the arrest and detention of the offending person, pending an application by the Minister for a protective intervention order under Part IV.
33(4)Any person detained under the authority of a warrant issued under subsection (3) shall be brought forthwith before the court and may be released on his own recognizance or upon such conditions as the court may impose.
33(5)Repealed: 1981, c.10, s.2
33(6)The Minister may request the assistance of any peace officer in order to perform any authority conferred under subsections (1) to (3) or subsection 31(2), (2.4), 32(1) or 36(1) or otherwise in the discharge of the Minister’s duties or powers to investigate and to place a child under protective care.
1981, c.10, s.2; 1986, c.6, s.10; 1990, c.25, s.2; 1992, c.52, s.11; 1995, c.43, s.4; 2016, c.37, s.66; 2019, c.2, s.54
Search of premises and removal of child
33(1)Where a child is a child in care or the Minister of Families and Children determines to place a child under protective care but the parent or any other person refuses to release the child to the Minister, or access to the child is otherwise impeded or denied, the Minister may make an ex parte application to a court for an order authorizing the Minister to enter and search any premises or area where the child is, for the purpose of removing the child from the premises or area.
Search of premises and removal of child
33(2)Notwithstanding subsection (1), the Minister may enter and search any premises or area for the purposes of removing the child, 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.
33(2.1)A child removed from any premises or area in accordance with subsection (1) or (2) who is not already a child in care under a custody agreement, a guardianship agreement, a custody order or a guardianship order shall be deemed to be a child under the protective care of the Minister for the purposes of this Act.
Removal, arrest and detention of offending persons
33(3)Where a child has been placed under the protective care of the Minister but remains in the child’s own home, if the Minister has reason to believe any person may endanger the security or development of the child the Minister may apply to the court for a warrant authorizing either one of the following or both:
(a) the removal of the offending person from the premises in which the child resides,
(b) the arrest and detention of the offending person, pending an application by the Minister for a protective intervention order under Part IV.
Removal, arrest and detention of offending persons
33(4)Any person detained under the authority of a warrant issued under subsection (3) shall be brought forthwith before the court and may be released on his own recognizance or upon such conditions as the court may impose.
33(5)Repealed: 1981, c.10, s.2
Removal, arrest and detention of offending persons
33(6)The Minister may request the assistance of any peace officer in order to perform any authority conferred under subsections (1) to (3) or subsection 31(2), (2.4), 32(1) or 36(1) or otherwise in the discharge of the Minister’s duties or powers to investigate and to place a child under protective care.
1981, c.10, s.2; 1986, c.6, s.10; 1990, c.25, s.2; 1992, c.52, s.11; 1995, c.43, s.4; 2016, c.37, s.66
Search of premises and removal of child
33(1)Where a child is a child in care or the Minister determines to place a child under protective care but the parent or any other person refuses to release the child to the Minister, or access to the child is otherwise impeded or denied, the Minister may make an ex parte application to a court for an order authorizing the Minister to enter and search any premises or area where the child is, for the purpose of removing the child from the premises or area.
Search of premises and removal of child
33(2)Notwithstanding subsection (1), the Minister may enter and search any premises or area for the purposes of removing the child, 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.
33(2.1)A child removed from any premises or area in accordance with subsection (1) or (2) who is not already a child in care under a custody agreement, a guardianship agreement, a custody order or a guardianship order shall be deemed to be a child under the protective care of the Minister for the purposes of this Act.
Removal, arrest and detention of offending persons
33(3)Where a child has been placed under the protective care of the Minister but remains in the child’s own home, if the Minister has reason to believe any person may endanger the security or development of the child the Minister may apply to the court for a warrant authorizing either one of the following or both:
(a) the removal of the offending person from the premises in which the child resides,
(b) the arrest and detention of the offending person, pending an application by the Minister for a protective intervention order under Part IV.
Removal, arrest and detention of offending persons
33(4)Any person detained under the authority of a warrant issued under subsection (3) shall be brought forthwith before the court and may be released on his own recognizance or upon such conditions as the court may impose.
33(5)Repealed: 1981, c.10, s.2
Removal, arrest and detention of offending persons
33(6)The Minister may request the assistance of any peace officer in order to perform any authority conferred under subsections (1) to (3) or subsection 31(2), (2.4), 32(1) or 36(1) or otherwise in the discharge of the Minister’s duties or powers to investigate and to place a child under protective care.
1981, c.10, s.2; 1986, c.6, s.10; 1990, c.25, s.2; 1992, c.52, s.11; 1995, c.43, s.4