Acts and Regulations

2024-4 - General

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Full text
Current to 16 August 2024
NEW BRUNSWICK
REGULATION 2024-4
under the
Child and Youth Well-Being Act
(O.C. 2024-7)
Filed January 26, 2024
Under section 153 of the Child and Youth Well-Being Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation – Child and Youth Well-Being Act.
Definition of “Act”
2In this Regulation, “Act” means the Child and Youth Well-Being Act.
Determination of suitability
3(1)For the purposes of section 16 of the Act, a check with the Department of Social Development, criminal record check and vulnerable sector check shall be conducted only with the consent of the person to whom it relates.
3(2)For the purposes of section 16 of the Act, a check with the Department of Social Development, criminal record check and vulnerable sector check shall be conducted
(a) before the person to whom it relates becomes
(i) an operator,
(ii) a staff member,
(iii) a care provider,
(iv) a foster parent,
(v) a kinship caregiver,
(vi) an associated person,
(vii) a person providing care to a child or youth under a student placement,
(viii) an operator, employee or volunteer of a social service agency,
(ix) a person providing care to a child or youth in accordance with an order of the Court,
(x) an adoptive parent, or
(xi) a guardian,
(b) five years after the person becomes one of the persons referred to in subparagraphs (a)(i) to (viii) and every five years after that, and
(c) when the Minister receives information that may affect the suitability of the person.
3(3)The offences set out in Schedules A and B are prescribed for the purposes of paragraph 16(1)(e) of the Act.
3(4)Despite subsection (3), the offences set out in Schedules C and D are prescribed in the case of a person who is kin to the child or youth.
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Support
4(1)A person may make a request in writing to the Minister for support for the provision of social services or the establishment and operation of a social service agency.
4(2)A request for support shall include the following information:
(a) the name of the social service or social service agency and its location within the Province;
(b) the objectives of the social service or social service agency;
(c) the nature of the social service to be provided;
(d) the criteria for eligibility for the social service;
(e) a description of the physical facilities, if any, used for the social service or by the social service agency;
(f) the source of existing support, if any;
(g) the particulars of any other application made for similar support; and
(h) the projected outcomes of providing the social service to children, youth and their families.
4(3)If the Minister approves a request for support, the Minister shall enter into an agreement with the applicant for the provision of the support.
4(4)An agreement entered into by the Minister shall state the duration and conditions of the agreement and provide for periodic evaluations of the social service or social service agency by the Minister.
Compensation for damage, loss or injury
5(1)A person may apply to the Minister for compensation for any damage, loss or injury caused by a child or youth under the Minister’s care as referred to in paragraph 9(c) of the Act.
5(2)An application for compensation shall include
(a) the name and address of the applicant,
(b) the name of the child or youth under the Minister’s care who is alleged to have caused the damage, loss or injury,
(c) a statement of the facts relevant to the damage, loss or injury, and
(d) a statement of the amount claimed by the applicant for the damage, loss or injury, including
(i) an appropriate third party estimate of cost of repair or replacement if compensation for damage or loss is claimed, and
(ii) medical reports and receipts if compensation for injury is claimed.
5(3)The Minister shall not consider an application for compensation if the application is made after the expiry of one year from the date of the alleged damage, loss or injury.
5(4)The Minister shall provide compensation if there is proof that the damage, loss or injury was caused by a child or youth under the Minister’s care and the circumstances justify providing the compensation.
Delegation by the Minister
6(1)For the purposes of section 12 of the Act, a delegation of a power, duty or function of the Minister is effective for the period stated in the delegation or, if no period is stated, until revoked by the Minister.
6(2)A person purporting to exercise a power, duty or function of the Minister by virtue of a delegation referred to in subsection (1) shall produce evidence of that authority when required to do so.
Minister as trustee
7(1)For the purposes of subsection 75(3) of the Act, if the Minister manages or controls any money or property received on behalf of a child or youth under the Minister’s care, the Minister has the powers and duties of a trustee under the Trustees Act.
7(2)In exercising the powers and duties of the Minister as a trustee for a child or youth under the Minister’s care, the Minister may engage a trust, a building or loan institution or a corporation licensed in the Province to carry on a trust business.
Subrogation
8(1)For the purposes of subsection 148(5) of the Act, counsel acting on behalf of the injured person shall
(a) pay the share of the Crown in right of the Province by cheque payable to the Minister of Finance and Treasury Board within 30 days after receiving the proceeds, and
(b) provide affidavits to the injured person by counsel acting on behalf of the injured person and counsel acting on behalf of the person who is paying the proceeds that include the following information:
(i) the names of the persons involved;
(ii) the name of counsel acting for the other person;
(iii) whether the claim was settled or a judgment was obtained and the date of the settlement or judgment;
(iv) in the case of a settlement, the amount of general damages and special damages that counsel making the affidavit reasonably believes the injured person was entitled to recover;
(v) in the case of a judgment, the amount of general damages and special damages awarded to the injured person;
(vi) the amount recovered by the injured person for general damages and special damages;
(vii) a statement affirming that the amount recovered by the injured person for general damages bears the same proportion to the general damages referred to in subparagraph (iv) or (v), as the case may be, as the amount recovered by the injured person for special damages bears to the special damages referred to in subparagraph (iv) or (v), as the case may be;
(viii) the cost of social services claimed by the injured person; and
(ix) the amount to be paid to the Crown in right of the Province under subsection 148(5) of the Act.
8(2)If an injured person is not represented by counsel, payment of the proceeds under paragraph (1)(a) and an affidavit required by counsel acting on behalf of the injured person under paragraph (1)(b) shall be made by the person making the claim, whether acting on their own behalf or on behalf of another person.
8(3)For the purposes of subsection 148(11) of the Act, the Minister may authorize the following fees to counsel:
(a) 15% on the first  $5,000 recovered;
(b) 10% on the next  $10,000 recovered; and
(c) 5% on the amount recovered in excess of  $15,000.
Application of Rules of Court
9(1)Except as otherwise provided in the Act or this Regulation, Rule 73 of the Rules of Court applies to proceedings under the Act in The Court of King’s Bench of New Brunswick, Trial Division and Family Division.
9(2)Rule 81 of the Rules of Court applies to proceedings under the Act in The Court of King’s Bench of New Brunswick, Family Division, in a Judicial District that has established a case management model for those proceedings, except proceedings commenced under the following provisions of the Act:
(a) Part 4 - Strategic Intervention and Support Services;
(b) Part 5 - Protection Services; and
(c) Part 6 - Adoption.
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Application to reveal the identity of a person who provides information
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10(1)When a person who provides information under section 35 of the Act does not consent to their identity being revealed, the Minister may apply to the Court to make an order authorizing the Minister to reveal their identity without their consent.
10(2)The Court shall set a date, time and location for the hearing of the application, which shall be held as soon as the circumstances permit and no later than 15 days following the date the application was made.
10(3)Subject to subsection (4), the application shall be made without notice to any other person.
10(4)The Minister shall provide notice of the application and of the date, time and location of the hearing to the person who provided the information that is the subject of the application.
10(5)Notice under this section may be provided by serving copies of the application and the notice of hearing.
10(6)The person referred to in the notice has five days from the date of service to respond to the application, with reasons.
10(7)Service may be proven by oral testimony, the affidavit of the person effecting service or evidence that is satisfactory in the opinion of the Court.
10(8)If the Court is satisfied that a person cannot reasonably be located, that a person is evading service or that service in accordance with subsection (5) cannot otherwise be effected, the Court may
(a) waive the notice requirements under this section, or
(b) order that notice be provided by substituted service in accordance with the Rules of Court.
10(9)If notice has been provided or waived under this section, the Court may hear the application in the person’s absence and the absence of that person does not affect the validity of the hearing or the jurisdiction of the Court to make an order.
10(10)During a hearing, if a person introduces hearsay evidence, the Court shall receive the hearsay evidence and shall determine whether the evidence received is reliable and the weight to be given to the evidence in the circumstances.
10(11)The hearing is a summary proceeding and shall not last more than one day.
10(12)At the end of the hearing, if the Court is satisfied that it is in the best interests of the child or youth, the Court may make an order authorizing the Minister to reveal the identity of the person who provided the information without the consent of that person, subject to the conditions that may be imposed by the Court.
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Interim hearing
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11(1)For the purposes of section 48 of the Act, an interim hearing shall be held only in the case of a removal of a child or youth provided in paragraph 44(2)(a) of the Act.
11(2)Subsections 60(2) to (8) of the Act apply, with the necessary modifications, to an interim hearing.
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Kin custody order
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12For the purposes of section 67 of the Act, the Court shall not make a kin custody order without the written consent of the kin to whom temporary custody shall be transferred.
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Application for order authorizing placement in place of safe and supportive care
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13 In the case of an application for an order authorizing placement in a place of safe and supportive care referred to in section 71 of the Act, the Court shall set a date, time and location for the hearing of the application, which shall be held as soon as the circumstances permit and no later than 30 days after the day the application was made to the Court.
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Case conference
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14For the purposes of subsection 138(1) of the Act, for greater certainty, a case conference may include, but is not limited to, a pre-trial conference, pre-hearing conference or judicial case conference.
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SCHEDULE A
CRIMINAL CODE (CANADA)
Section
General Description of Offence
43
Correction of child by force
151
Sexual interference
152
Invitation to sexual touching
153
Sexual exploitation
153.1
Sexual exploitation of person with disability
155
Incest
160
Bestiality
161
Order of prohibition
162
Voyeurism
162.1
Publication, etc., of an intimate image without consent
163
Obscene materials
163.1
Child pornography
167
Immoral theatrical performance
168
Mailing obscene matter
170
Parent or guardian procuring sexual activity
171
Householder permitting prohibited sexual activity
171.1
Making sexually explicit material available to child
172
Corrupting children
172.1
Luring a child
172.2
Agreement or arrangement – sexual offence against child
173
Indecent acts
175
Causing disturbance, indecent exhibition, loitering, etc.
215
Duty of persons to provide necessaries
218
Abandoning child
219
Criminal negligence
220
Causing death by criminal negligence
221
Causing bodily harm by criminal negligence
229 - 240
Murder, manslaughter and infanticide
241
Counselling or aiding suicide
242
Neglect to obtain assistance in childbirth
243
Concealing body of child
244
Discharging firearm with intent
244.1
Causing bodily harm with intent – air gun or pistol
245
Administering noxious thing
246
Overcoming resistance to commission of offence
264
Criminal harassment
264.1
Uttering threats
265, 266
Assault
267
Assault with a weapon or causing bodily harm
268
Aggravated assault
269
Unlawfully causing bodily harm
269.1
Torture
270
Assaulting a peace officer
271
Sexual assault
272
Sexual assault with a weapon, threats to a third party or causing bodily harm
273
Aggravated sexual assault
273.3
Removal of child from Canada
279 - 283
Kidnapping, trafficking in persons, hostage taking, abduction
286.1
Obtaining sexual services for consideration
286.2
Material benefit from sexual services
318
Advocating genocide
319
Public incitement of hatred
322
Theft
330
Theft by person required to account
331
Theft by person holding power of attorney
336
Criminal breach of trust
343 - 346
Robbery and extortion
348
Breaking and entering with intent, committing offence or breaking out
356
Theft from mail
363
Obtaining execution of valuable security by fraud
368
Use, trafficking or possession of forged document
372
False information
374
Drawing document without authority, etc.
380
Fraud
423
Intimidation
430
Mischief
431
Attack on premises, residence or transport of internationally protected person
433 - 436.1
Arson and other fires
445, 445.01
Animals
445.1 - 447
Cruelty to animals
SCHEDULE B
CONTROLLED DRUGS AND SUBSTANCES ACT (CANADA)
Section
General Description of Offence
5
Trafficking in substance
6
Importing and exporting
7
Production of substance
SCHEDULE C
CRIMINAL CODE (CANADA)
Provision
General Description of Offence
43
Correction of child by force
151
Sexual interference
152
Invitation to sexual touching
153
Sexual exploitation
153.1
Sexual exploitation of person with disability
155
Incest
160
Bestiality
162
Voyeurism
162.1
Publication, etc., of an intimate image without consent
163
Obscene materials
163.1
Child pornography
167
Immoral theatrical performance
168
Mailing obscene matter
170
Parent or guardian procuring sexual activity
171
Householder permitting prohibited sexual activity
171.1
Making sexually explicit material available to child
172
Corrupting children
172.1
Luring a child
172.2
Agreement or arrangement – sexual offence against child
173
Indecent acts
175(1)(b)
Openly exposing or exhibiting an indecent exhibition in a public place
215
Duty of persons to provide necessaries
218
Abandoning child
220
Causing death by criminal negligence
221
Causing bodily harm by criminal negligence
229 - 240
Murder, manslaughter and infanticide
241
Counselling or aiding suicide
243
Concealing body of child
244
Discharging firearm with intent
244.1
Causing bodily harm with intent – air gun or pistol
245
Administering noxious thing
246
Overcoming resistance to commission of offence
264
Criminal harassment
267
Assault with a weapon or causing bodily harm
268
Aggravated assault
269
Unlawfully causing bodily harm
269.1
Torture
271
Sexual assault
272
Sexual assault with a weapon, threats to a third party or causing bodily harm
273
Aggravated sexual assault
273.3
Removal of child from Canada
279 - 283
Kidnapping, trafficking in persons, hostage taking, abduction
286.1
Obtaining sexual services for consideration
286.2
Material benefit from sexual services
318
Advocating genocide
319
Public incitement of hatred
330
Theft by person required to account
331
Theft by person holding power of attorney
336
Criminal breach of trust
343 - 346
Robbery and extortion
348
Breaking and entering with intent, committing offence or breaking out
368
Use, trafficking or possession of forged document
374
Drawing document without authority, etc.
380
Fraud
431
Attack on premises, residence or transport of internationally protected person
433 - 436.1
Arson and other fires
445.1 - 447
Cruelty to animals
SCHEDULE D
CONTROLLED DRUGS AND SUBSTANCES ACT (CANADA)
Section
General Description of Offence
5
Trafficking in substance
6
Importing and exporting
7
Production of substance
N.B. This Regulation is consolidated to August 16, 2024.