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Regulation number	Title
F-2.2	Family Services Act

Under section 143 of the Family Services Act the Lieutenant-Governor in Council makes the following Regulation:

85-15

1This Regulation may be cited as the General Administration Regulation - Family Services Act.

“Act” means the Family Services Act;(Loi)

“Department” Repealed: 94-1; 94-53

“document” includes any record of information, however recorded or stored, whether in printed form, on film, by electronic means or otherwise.(document)

“Minister” Repealed: 2019, c.2, s.56

“registrar” Repealed: 2023, c.36, s.14

2(2)Repealed: 2023, c.36, s.14

2(3)Repealed: 2023, c.36, s.14

2(4)Repealed: 2017, c.14, s.3

2(5)Repealed: 2023, c.36, s.14

2(6)Repealed: 2023, c.36, s.14

2(7)Repealed: 2023, c.36, s.14

85-15; 91-8; 94-1; 94-53; 97-70; 2010-96; 2016, c.37, s.68; 2017, c.14, s.3; 2019, c.2, s.56; 2023, c.36, s.14

AUTHORIZATION ISSUED BY THE MINISTER

2012-39

3(1)An authorization for the purposes of paragraph 3(1)(b) of the Act shall be effective for the period stated therein but where no period has been stated, it shall be effective until revoked by the Minister.

3(2)An appropriate person shall carry on his or her person the authorization referred to in subsection (1) while exercising any authority, duty or function conferred upon him or her.

97-70; 2012-39; 2016, c.37, s.68

CONFIDENTIAL INFORMATION

4(1)Where the Minister receives a request for confidential information, he shall in writing within thirty days of the receipt of the request, grant or deny the request.

4(2)The request for confidential information shall specify the name of the person from whom the information was obtained and to whom the information relates and

(a) the documents containing the information requested; or

(b) where the document in which the relevant confidential information may be contained is not known to the applicant, the subject-matter of the information requested with sufficient particularity as to time, place and event to enable a person familiar with the subject-matter to identify the relevant document.

4(3)Where the document in which the confidential information is contained is unable to be identified the Minister shall so advise the applicant in writing and shall invite the applicant to supply additional information that might lead to identification of the relevant documents.

4(4)Where the Minister has identified the document containing the confidential information, he shall attempt to locate the person from whom the information was obtained and to whom the information relates for the purpose of determining whether they consent to the release of the confidential information.

4(5)The Minister shall grant the release of the confidential information only where the persons from whom the information was obtained and to whom the information relates consent to the release.

2016, c.37, s.68

RECOMPENSE

Repealed: 2023, c.36, s.14

2023, c.36, s.14

5Repealed: 2023, c.36, s.14

2016, c.37, s.68; 2023, c.36, s.14

6Repealed: 2023, c.36, s.14

2023, c.36, s.14

7Repealed: 2023, c.36, s.14

2016, c.37, s.68; 2023, c.36, s.14

TRUSTEE

Repealed: 2023, c.36, s.14

2023, c.36, s.14

8Repealed: 2023, c.36, s.14

2016, c.37, c.68; 2023, c.36, s.14

9Repealed: 2023, c.36, s.14

2016, c.37, s.68; 2023, c.36, s.14

REVIEW

Repealed: 94-53

94-53

10Repealed: 94-53

85-15; 91-8; 94-53

11Repealed: 94-53

91-8; 94-53

12Repealed: 94-53

91-8; 94-53

CHILDREN IN CARE

Repealed: 2023, c.36, s.14

2023, c.36, s.14

13Repealed: 2023, c.36, s.14

91-8; 97-70; 2010-96; 2016, c.37, s.68; 2023, c.36, s.14

14Repealed: 97-70

97-70

POST-ADOPTION DISCLOSURE REGISTER

Repealed: 2017, c.14, s.3

2017, c.14, s.3

15Repealed: 2017, c.14, s.3

2016, c.37, s.68; 2017, c.14, s.3

16Repealed: 2017, c.14, s.3

2017, c.14, s.3

17Repealed: 2017, c.14, s.3

2017, c.14, s.3

18Repealed: 2017, c.14, s.3

91-8; 2017, c.14, s.3

POST-ADOPTION ASSISTANCE

Repealed: 2023, c.36, s.14

2007-83; 2023, c.36, s.14

19Repealed: 2023, c.36, s.14

2007-83; 2010, c.E-0.5, s.67; 2016, c.37, s.68; 2023, c.36, s.14

FEES FOR CERTAIN SERVICES

Repealed: 2023, c.36, s.14

97-80; 2023, c.36, s.14

19.1Repealed: 2023, c.36, s.14

97-80; 2000, c.26, s.114; 2016, c.37, s.68; 2020, c.24, s.4; 2023, c.36, s.14

RESOURCES

20The Minister may provide resources for the establishment and operation of social service programs and social service agencies where, in his opinion, the resources will be used to establish and operate services that are community social services.

2016, c.37, s.68

21(1)A request for resources for the establishment and operation of a social service program or a social service agency may be made in writing to the Minister.

21(2)The request for resources shall state

(a) the name of the social service program or social service agency and its location within the Province;

(b) the objectives of the social service program or social service agency;

(c) the nature of the social service to be provided;

(d) the criteria for eligibility for participation in the social service program or social service agency;

(e) the description of physical facilities, if any, used by the social service program or social service agency;

(f) the source of existing resources, if any;

(g) the particulars of any other application made for similiar resources; and

(h) any additional information required by the Minister.

2016, c.37, s.68

22(1)Where the Minister approves a request for resources he shall enter into a contract with the owner of a social service program or a social service agency for the provision of the resources.

22(2)A contract entered into by the Minister under subsection (1) shall

(a) state the term of the contract;

(b) provide for periodic evaluations of the social service program or social service agency by the Minister.

2016, c.37, s.68

PROVINCIAL INFORMATION BANKS

Repealed: 2020, c.24, s.4

94-1; 2020, c.24, s.4

22.1Repealed: 2020, c.24, s.4

94-1; 2020, c.24, s.4

22.2Repealed: 2020, c.24, s.4

94-1; 2020, c.24, s.4

22.3Repealed: 2020, c.24, s.4

94-1; 2020, c.24, s.4

22.4Repealed: 2020, c.24, s.4

94-1; 95-71; 2016, c.37, s.68; 2020, c.24, s.4

RECOVERY UNDER SECTION 142.1 OF THE ACT

95-22

22.5(1)The following terms and conditions apply to the sharing of proceeds of any recovery under subsection 142.1(8) of the Act:

(a) the barrister and solicitor acting on behalf of the injured person shall pay the share of the Crown in right of the Province by a cheque made payable to the Minister of Finance and Treasury Board within thirty days after the receipt of the proceeds; and

(b) the barrister and solicitor acting on behalf of the injured person shall provide, with the cheque required under paragraph (a), an affidavit of the barrister and solicitor acting on behalf of the injured person and an affidavit of the barrister and solicitor acting on behalf of the person who is paying the proceeds to the injured person and the affidavits shall include the following:

(i) the names of the persons involved;

(ii) the name of the barrister and solicitor acting for the other person;

(iii) whether the claim was settled or a judgment was obtained and when;

(iv) in the case of a settlement, the amount of general damages and the amount of special damages that the barrister and solicitor 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 the amount of special damages awarded to the injured person;

(vi) the amount recovered by the injured person for general damages and the amount recovered for special damages;

(vii) a statement affirming that the amount recovered by the injured person for special damages bears the same proportion to the special damages referred to in subparagraph (iv) or (v), as the case may be, as the amount recovered by the injured person for general damages bears to the general 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 that is being paid to the Crown in right of the Province under subsection 142.1(8) of the Act.

22.5(2)Where an injured person or a person paying the proceeds to the injured person is not represented by a barrister and solicitor, the payment of the proceeds under paragraph (1)(a) and an affidavit required under paragraph (1)(b) shall be made by the person making the claim, whether acting on his own behalf or on behalf of another person.

95-22; 2019, c.29, s.55; 2023, c.17, s.88

22.6Where a barrister and solicitor recovers a sum in respect of the cost of social services in accordance with section 142.1 of the Act, a fee shall be paid as follows:

(a) fifteen per cent on the first five thousand dollars recovered;

(b) ten per cent on the next ten thousand dollars recovered; and

(c) five per cent on that amount recovered in excess of fifteen thousand dollars.

95-22

23Regulation 74-90 under the Adoption Act is repealed.

24Regulations 67-1 and 74-155 under the Children of Unmarried Parents Act is repealed.

25Regulation 66-49 under the Child Welfare Act is repealed.

26Regulation 72-95 under the Deserted Wives & Children Maintenance Act is repealed.

27Regulation 69-97 under the Hospital Schools Act is repealed.

28Regulation 70-43 under the Mentally Retarded Children Act is repealed.

29Regulation 74-186 under the Parent’s Maintenance Act is repealed.

30This Regulation comes into force on September 1, 1981.