Acts and Regulations

F-2.2 - Family Services Act

Full text
Current to 1 January 2024
CHAPTER F-2.2
Family Services Act
1983, c.16, s.1
Assented to July 16, 1980
Repealed: 2023, c.36, s.13
Repealed: 2023, c.36, s.13
Repealed: 2023, c.36, s.13
Repealed: 2023, c.36, s.13
Repealed: 2023, c.36, s.13
Repealed: 2023, c.36, s.13
Repealed: 2023, c.36, s.13
Repealed: 2023, c.36, s.13
Repealed: 2023, c.36, s.13
WHEREAS it is recognized that elderly, disabled and dependent persons are entitled to protection and can benefit from social services which ensure the opportunity for personal development; and
WHEREAS it is recognized that social services are essential to prevent or alleviate the social and related economic problems of individuals and families; and
WHEREAS it is recognized that the rights of families and individuals must be guaranteed by the rule of law and that the Province’s intervention into the affairs of individuals and families so as to protect and affirm these rights must be governed by the rule of law:
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“adult” means a person who has reached the age of majority;(adulte)
“associated person” means an adult, excluding an operator, staff member and person receiving services in a community placement resource, who (personne associée)
(a) resides in a community placement resource, or
(b) has frequent contact with a person residing in a community placement resource by virtue of the adult’s relationship with the operator or a staff member;
“best interests of the child” Repealed: 2023, c.36, s.13
“child” Repealed: 2023, c.36, s.13
“child in care” Repealed: 2023, c.36, s.13
“cohabit” means to live together in a family relationship;(cohabiter)
“common-law partner” means a person who cohabits in a conjugal relationship with another person if the persons are not married to each other;(conjoint de fait)
“community” means a geographic unit or group of persons sharing common interests within a geographic unit who provide or receive services on a collective basis;(communauté)
“community social services” or “social services” means services that are protective, preventive, developmental or rehabilitative in nature and which(services sociaux) (services sociaux communautaires)
(a) facilitate access to the necessities of life;
(b) assist disabled or disadvantaged persons to live as normally and independently as possible or support them in doing so;
(c) prevent the need for institutional care as well as provide alternatives to it;
(d) support or assist the aged or families;
(e) facilitate or support the involvement and participation of people in their communities;
(f) enhance or maintain employment skills and capabilities of persons;
(g) provide protection to adults;
(h) provide information and refer people to available services;
and includes
(i) homemaker services;
(j) Repealed: 2010, c.E-0.5, s.66
(k) family services;
(k.1) Repealed: 2023, c.36, s.13
(l) Repealed: 2023, c.36, s.13
(m) Repealed: 2023, c.36, s.13
(n) employment-related services;
(o) sheltered workshops;
(p) rehabilitation services;
(q) community services for seniors;
(r) services for the disabled;
(s) social development services;
(t) protection services for adults;
(t.1) Repealed: 2023, c.36, s.13
(t.2) Repealed: 2023, c.36, s.13
(u) Repealed: 2010, c.E-0.5, s.66
(v) any other services prescribed in the regulations.
“community social service agency” means any community, person or agency providing social services within a community;(agence de services sociaux communautaires)
“consent” means a written consent to an arrangement, having been informed of, or having an understanding of, all aspects of the arrangement and its reasonable implications;(consentement)
“court” means The Court of King’s Bench of New Brunswick, except where otherwise provided, and includes any judge thereof;(cour)
“custody agreement” Repealed: 2023, c.36, s.13
“custody order” Repealed: 2023, c.36, s.13
“Department” means the Department of Social Development, unless otherwise indicated;(ministère)
“disabled person” means one who, because of physical or mental impairment, including congenital or genetic abnormality, suffers absence or reduction of functional competence which substantially limits his ability to carry out normal daily activities;(personne handicapée)
“elderly person” means one who has reached the age of sixty-five years, and, in the absence of positive evidence of age, means a person who apparently has reached that age;(personne âgée)
“foster parent” Repealed: 2023, c.36, s.13
“guardian” Repealed: 2023, c.36, s.13
“guardianship agreement” Repealed: 2023, c.36, s.13
“guardianship order” Repealed: 2023, c.36, s.13
“holiday” means(jour férié)
(a) a holiday as defined in the Interpretation Act,
(b) Saturday, and
(c) any other day observed as a holiday within the public service of the Province;
“immediate family” , when used in reference to any person, includes(proche famille)
(a) a parent or grandparent of the person;
(b) a brother or sister of the person;
(c) a brother or sister of the person’s mother or father;
(d) the spouse or common-law partner of any of the above, while the parties are cohabiting;
(e) the spouse or common-law partner of the person, while the parties are cohabiting;
“kin” Repealed: 2023, c.36, s.13
“kinship caregiver” Repealed: 2023, c.36, s.13
“Minister” means the Minister of Social Development;(ministre)
“Minister” Repealed: 2016, c.37, s.66
“parent” Repealed: 2023, c.36, s.13
“place” Repealed: 2023, c.36, s.13
“prescribed form” means a form prescribed by regulation;(forme prescrite)
“protective care” means a service which provides an immediate safeguard for the security of a person whom the Minister has reason to believe is a neglected adult or an abused adult;(régime de protection)
“province” means a province of Canada, and includes a territory thereof;(province)
“resources” includes financial support, personnel, equipment, facilities and any other departmental resources which the Minister may make available to a community social service agency or a community placement resource;(ressources)
“spouse” means a person who is married to another person by virtue of a legally constituted marriage, except where otherwise defined in this Act.(conjoint)
1981, c.10, s.1; 1982, c.13, s.1; 1986, c.8, s.41; 1990, c.25, s.1; 1993, c.42, s.1; 1996, c.13, s.1; 1996, c.75, s.1; 1997, c.2, s.1; 2000, c.26, s.113; 2007, c.20, s.1; 2008, c.6, s.16; 2010, c.E-0.5, s.66; 2016, c.37, s.66; 2019, c.2, s.54; 2019, c.17, s.1; 2020, c.24, s.3; 2023, c.17, s.87; 2023, c.36, s.13
Repealed
2Repealed: 1999, c.32, s.2
1999, c.32, s.2
Authority of Minister
3(1)The Minister
(a) is responsible for the administration of this Act;
(b) may, in writing, authorize any appropriate person, including any appropriate employee of a community social service agency approved under paragraph (b.1), to exercise any authority, power, duty or function conferred upon him by this Act and specified in the authorization;
(b.1) may, in writing, approve any community social service agency that meets the standards and criteria prescribed by regulation, and such additional standards and criteria as the Minister considers fit, for the purposes of paragraph (b);
(c) may enter into contracts with persons, whether within or outside the Province, or with a representative of the Crown in right of Canada or of any other province, or with a representative of the government of any state, to carry out his responsibilities under this Act;
(d) may prescribe groups of persons according to age or category of need that are eligible to receive any service or benefit under this Act;
(e) may accept responsibility on behalf of the Crown in right of the Province.
3(2)Where, pursuant to paragraph (1)(b), the Minister authorizes a person to exercise any authority, power, duty or function of the Minister, the word “Minister”, when used with respect to that authority, power, duty or function includes the person so authorized.
3(2.1)Where the Minister is advised that a community social service agency approved under paragraph (1)(b.1) is providing a social service that may be of
(a) inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
he shall evaluate the matter brought to his attention and may make such investigation as he considers necessary, and the provisions of subsections 22(1) to (5) apply with such changes as are necessary.
3(2.2)Where the owner or person in charge of a community social service agency being evaluated pursuant to subsection (2.1) fails or refuses to comply with a directive given by the Minister pursuant to subsection 22(4) or does anything referred to in subsection 22(5), the Minister may revoke the approval given under paragraph (1)(b.1).
3(2.3)Repealed: 1994, c.8, s.1
3(3)The Minister and any person authorized under paragraph (1)(b) to exercise any authority, power, duty or function conferred on the Minister shall not be liable to any person for any injury, loss or damage caused to any person or property by reason of the exercise of any power, authority, duty or function under this Act, or for any other cause, if such authority, power, duty or function is exercised in good faith and without negligence.
1983, c.16, s.2; 1994, c.8, s.1; 2007, c.20, s.2; 2011, c.28, s.1; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Determination of suitability
2019, c.17, s.2
3.1(1)The Minister may determine that an operator, a staff member or a member of a class of persons prescribed by regulation is not suitable to provide social services or services in a community placement resource in the following circumstances: 
(a) the person is the subject of a court order made under the Child and Youth Well-Being Act in relation to a danger to the well-being of a child or youth as described in paragraphs 34(a) to (n) of that Act;
(b) the Minister has made a finding that the person has endangered the well-being of a child or youth under subsection 39(1) of the Child and Youth Well-Being Act;
(c) he or she is the subject of a court order made under this Act in relation to a danger to the security of a person as described in paragraphs 37.1(1)(a) to (g);
(d) the Minister has made a finding that he or she has endangered the security of another person under section 36.2; or
(e) he or she has been convicted of an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) that is prescribed by regulation.
3.1(2)The Minister may determine that an associated person is not suitable to have contact with a recipient of social services or a resident in a community placement resource in the circumstances referred to in paragraphs (1)(a) to (e).
3.1(3)If the Minister determines that a person is not suitable under subsection (1) or (2),
(a) the person shall not provide social services or services in a community placement resource or have contact with a recipient of social services or a resident in a community placement resource, and
(b) the Minister may
(i) refuse, suspend or terminate the provision of social services, or
(ii) refuse to approve a community placement resource or suspend or terminate operation of a community placement resource.
2019, c.17, s.2; 2023, c.36, s.13
Minister as legal representative and trustee
Repealed: 2023, c.36, s.13
2023, c.36, s.13
4Repealed: 2023, c.36, s.13
2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Delegation of trustee powers and duties to Public Trustee
Repealed: 2023, c.36, s.13
2023, c.36, s.13
4.1Repealed: 2023, c.36, s.13
2005, c.P-26.5, s.24; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Contracts with Crown in right of Canada
5With the approval of the Lieutenant-Governor in Council, the Minister may enter into contracts with the Crown in right of Canada respecting the payment by Canada of any portion of the aggregate cost to the Province of providing social services, including financial support to adults under this Act.
2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Consideration of wishes of child
Repealed: 2023, c.36, s.13
2023, c.36, s.13
6Repealed: 2023, c.36, s.13
2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Role of Minister in custody proceedings
Repealed: 2023, c.36, s.13
2023, c.36, s.13
7Repealed: 2023, c.36, s.13
2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Appointment of counsel
Repealed: 2023, c.36, s.13
2023, c.36, s.13
7.1Repealed: 2023, c.36, s.13
2010, c.14, s.1; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Court may order examination or evaluation
Repealed: 2023, c.36, s.13
2023, c.36, s.13
8Repealed: 2023, c.36, s.13
2023, c.36, s.13
Parties to pay cost of examination or evaluation
Repealed: 2023, c.36, s.13
2023, c.36, s.13
8.1Repealed: 2023, c.36, s.13
1997, c.2, s.2; 2023, c.36, s.13
Admissibility of evidence taken on previous proceeding
Repealed: 2023, c.36, s.13
2023, c.36, s.13
9Repealed: 2023, c.36, s.13
2023, c.36, s.13
Confidential nature of proceedings
10(1)Proceedings under this Act may, in whole or in part, be heard in open court or in camera, and in exercising its discretion whether to proceed in camera or in open court the court shall take into consideration in every case
(a) the public interest in hearing the proceeding in open court;
(b) any potential harm or embarrassment that may be caused to any person if matters of a private nature are disclosed in open court; and
(c) any representations made by the parties.
10(2)Repealed: 2023, c.36, s.13
10(3)Repealed: 2023, c.36, s.13
10(4)Repealed: 2023, c.36, s.13
2000, c.18, s.1; 2023, c.36, s.13
Confidentiality of information
11(0.1)Repealed: 2023, c.36, s.13
11(1)All information acquired by the Minister or another person in relation to any person or matter under this Act, whether of a documentary nature or otherwise, is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.
11(2)The Minister shall not permit the release of confidential information to any person without the written consent of the person from whom the information was obtained and the person to whom the information relates.
11(3)Despite subsection (2), the Minister may permit the release of confidential information without the consent of the person from whom the information was obtained or the person to whom the information relates
(a) to another Minister of the Crown or his or her servant,
(b) Repealed: 2023, c.36, s.13
(b.1) to an officer or employee of a public body or a custodian who is a health care provider, if the information is necessary for the delivery of a common or integrated service, program or activity, as defined in the Personal Health Information Privacy and Access Act, and for the performance of the duties, respecting the common or integrated service, program or activity, of the officer or employee or of the custodian to whom the information is released,
(b.2) to an officer or employee of a public body, if the information is necessary for the delivery of a common or integrated service, program or activity, as defined in the Right to Information and Protection of Privacy Act, and for the performance of the duties, respecting the common or integrated service, program or activity, of the officer or employee to whom the information is released,
(c) to protect the health, safety and security of a person, or
(d) if the release is otherwise provided for under this Act.
11(4)Repealed: 2023, c.36, s.13
11(5)A person to whom information is released under paragraph (3)(c), other than a person referred to in paragraph (3)(a), shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.
11(6)Except as otherwise provided in this Act, owners and operators of community placement resources, as defined in Part II, and their employees, and owners and persons in charge of community social service agencies, and their employees, shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.
11(7)Any person who contravenes subsection (5) or (6) commits an offence.
1998, c.8, s.1; 1999, c.32, s.3; 2012, c.23, s.1; 2013, c.47, s.4; 2016, c.37, s.66; 2017, c.14, s.2; 2017, c.31, s.70; 2019, c.2, s.54; 2023, c.36, s.13
Disclosure with respect to suitability
2019, c.17, s.3
11.001(1)The Minister may disclose whether a person is suitable or not suitable in accordance with subsection 3.1(1) or (2).
11.001(2)A disclosure by the Minister under subsection (1)
(a) shall not include the name of a neglected or abused adult, and
(b) shall be deemed for all purposes not to be a contravention of any Act or regulation or any common law rule of confidentiality.
2019, c.17, s.3; 2023, c.36, s.13
Contracts with Canada Revenue Agency
11.01(1)For the purposes of this Act, the Minister may enter into contracts with the Canada Revenue Agency to collect, use or disclose tax information, including personal information, of a person who is eligible to receive a service or benefit under this Act, with the consent of the person.
11.01(2)For the purposes of this section, “personal information” means the name and date of birth of the person who is eligible to receive a service or benefit.
2016, c.45, s.2
Requirement to provide information
Repealed: 2023, c.36, s.13
2023, c.36, s.13
11.1Repealed: 2023, c.36, s.13
1999, c.32, s.4; 2002, c.1, s.6; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Request under section 11.1
Repealed: 2023, c.36, s.13
2023, c.36, s.13
11.2Repealed: 2023, c.36, s.13
1999, c.32, s.4; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
11.3If a provision of this Act is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of that Act, this Act prevails.
2012, c.23, s.2; 2019, c.18, s.8
Offence to obstruct or interfere with Minister
12Any person who obstructs or in any way interferes with the Minister, or a person authorized by the Minister under paragraph 3(1)(b) to exercise any authority, power, duty or function conferred on the Minister under this Act, in the exercise of any such authority, power, duty or function commits an offence.
2016, c.37, s.66; 2019, c.2, s.54
Minister may prohibit communication with a child
Repealed: 2023, c.36, s.13
2023, c.36, s.13
13Repealed: 2023, c.36, s.13
2016, c.37, s.66; 2019, c.2, s.54; 2019, c.17, s.4; 2023, c.36, s.13
Consent or agreement of minor
Repealed: 2023, c.36, s.13
2023, c.36, s.13
13.1Repealed: 2023, c.36, s.13
2000, c.18, s.2; 2023, c.36, s.13
Repealed
14Repealed: 1996, c.75, s.2
1996, c.75, s.2
Repealed
15Repealed: 1994, c.8, s.2
1994, c.8, s.2
I
PROVISION OF
COMMUNITY SOCIAL SERVICES
Contracts for provision of social services
16Subject to this Part and to the regulations, the Minister may enter into contracts for the provision of social services to any person, any family, any group of persons, any group of families or any community.
2016, c.37, s.66; 2019, c.2, s.54
Provision of social services
17The Minister may provide social services under this Part
(a) under a contract entered into by the Minister under section 16; or
(b) Repealed: 2023, c.36, s.13
(c) where an adult is in a community placement resource, as defined in Part II.
1997, c.2, s.3; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Contract with third party
18Where, in the opinion of the Minister,
(a) a person is unable to enter into a contract due to incapacity for any reason; and
(b) the person requires a social service that can be provided by the Minister,
the Minister may enter into a contract with that person’s parent or any person who, in the opinion of the Minister, can adequately represent that person’s interests.
2016, c.37, s.66; 2019, c.2, s.54
Contract to purchase social services from government, agency or person
19(1)The Minister may enter into a contract to purchase from any government department or agency or any other agency or person, whether within or outside the Province, any social service that the Minister is authorized to provide under section 16.
19(2)Where a contract has been entered into under subsection (1) the Minister may provide social services under section 16 on a joint basis with any department, agency or person referred to in subsection (1).
19(3)The Minister shall not purchase a social service under this section unless the department, agency or person providing the service
(a) has been approved by the Minister prior to the purchase of the social service; and
(b) in the opinion of the Minister, is capable of providing the social service in accordance with standards that have been prescribed by the Minister or by the regulations.
2016, c.37, s.66; 2019, c.2, s.54
Authority of Minister respecting social services
20(1)The Minister may
(a) provide for research to be undertaken to determine social service needs within the Province;
(b) establish and operate social service programs and social service agencies in accordance with the regulations; and
(c) provide, in accordance with the regulations, resources for the establishment and operation of social service programs and social service agencies where the Minister is of the opinion that the social service
(i) is needed in the community, and
(ii) is being provided or will be provided in accordance with standards prescribed by the Minister or by the regulations.
20(2)Repealed: 1994, c.8, s.3
1994, c.8, s.3; 2016, c.37, s.66; 2019, c.2, s.54
Resources provided only by contract
21Resources shall be provided by the Minister under paragraph 20(1)(c) only under a contract, and any such contract shall be subject to terms and conditions prescribed by regulation.
2016, c.37, s.66; 2019, c.2, s.54
Investigation of community social services agency
22(1)Where the Minister is advised that a community social service agency that provides a social service under a contract with the Minister, or that has been provided with resources under this Part, is providing a social service that may be
(a) of inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
the Minister shall evaluate the matter brought to his attention and may make such investigation as he considers necessary, including
(c) entering any premises occupied by the agency in question,
(d) inspecting records and documents of the agency, and
(e) interviewing employees of the agency and recipients of the social service provided by the agency.
22(2)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.
22(3)The owner and person in charge of every community social service agency shall permit the Minister to conduct an investigation under this section and shall not obstruct or interfere with any investigation being carried out.
22(4)Where, upon the completion of the evaluation referred to in subsection (1), the Minister is of the opinion that a social service being provided by a community social service agency is
(a) of inadequate quality, or
(b) dangerous, destructive or damaging to a recipient of the social service,
the Minister may direct the owner or person in charge of the community social service agency immediately or within such time as is specified in the directive to do any or all of the following, namely
(c) to make changes recommended by the Minister with respect to the provision of the social service, the operation of a social service program or the conduct of the business of the agency;
(d) to suspend the provision of the social service or the operation of a social service program until the recommendations of the Minister are complied with;
(e) to terminate provision of the social service, the operation of a social service program or the business of the agency.
22(5)Where the owner or person in charge of a community social service agency
(a) refuses to permit the Minister to conduct an investigation under this section, or
(b) obstructs or interferes with an investigation conducted by the Minister under this section,
that person commits an offence.
22(6)Where the owner or person in charge of a community social service agency fails or refuses to comply with a directive given by the Minister under subsection (4), or does anything referred to in subsection (5), the Minister may, without notice and without compensation, terminate any contract entered into with the agency, and may cancel the provision of any resources provided or undertaken to be provided under this Part, and where the Minister terminates a contract pursuant to this subsection he is entitled to compensation from the agency with which the contract was made equal to the value of any resources provided to the agency under this Part during the period of one year prior to the giving of the directive or the doing of that referred to in subsection (5).
22(7)The Minister may issue a certificate stating the amount of compensation due and payable pursuant to subsection (6) 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.
22(8)Repealed: 1994, c.8, s.4
1994, c.8, s.4; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.17, s.87
Deemed payment under Social Welfare Act
22.1(1)In this section
“person in need” means a person in need as defined under the Social Welfare Act.(personne nécessiteuse)
22.1(2)Payment or payments made on behalf of a person in need under this Act and the regulations for the provision of community social services shall be deemed to be payment or payments made on behalf of a person in need under the Social Welfare Act and regulations.
22.1(3)This section shall be deemed to have come into force on April 1, 1984.
1992, c.32, s.1
II
COMMUNITY PLACEMENT RESOURCES
Definitions
23In this Part
“community placement resource” means a social service facility providing services to adults and includes a community residence, an institution for the care of adults, a special care home, a sheltered workshop and any facility designated under paragraph 24(2)(e), but does not include a facility whose primary objective is medical care or educational or correctional services;(centre de placement communautaire)
“operator” means a person who by himself or through his agent operates a community placement resource.(responsable)
2010, c.E-0.5, s.66; 2019, c.17, s.5; 2023, c.36, s.13
Authority of Minister respecting community placement resources
24(1)The Minister shall determine the need for community placement resources.
24(2)The Minister may
(a) prescribe criteria for the admission to and discharge from a community placement resource;
(b) prescribe program and physical standards for a community placement resource;
(c) establish and operate a community placement resource;
(d) provide resources to assist in the establishment or operation, or both, of community placement resources within the Province; and
(e) designate any facility as a community placement resource for the purpose of this Act.
2016, c.37, s.66; 2019, c.2, s.54
Minister may enter into contracts
25(1)The Minister, for the purpose of providing social services under this Act, may enter into a contract with respect to the use of a community placement resource, whether within or outside the Province, and with respect to the use of services provided by the community placement resource,
(a) with the operator thereof,
(b) with a representative of the Crown in right of Canada or of another province, or a representative of the government of another state, or
(c) with any other person, including a user of services,
and any such contract may require that the community placement resource provide such services, in addition to those normally provided by the community placement resource, as are set out in the contract.
25(2)No operator shall transfer to another party any responsibility or authority undertaken or acquired under a contract with the Minister.
25(3)The Minister may enter into a contract with a representative of the Crown in right of Canada or of another province, or with a representative of a government of another state, to assist in the establishment or utilization on a co-operative basis of a community placement resource, whether located within or outside the Province.
2016, c.37, s.66; 2019, c.2, s.54
Approval of Minister required
26(1)The Minister shall approve community placement resources that meet the criteria and standards prescribed by the Minister or by regulation.
26(2)After one year following the coming into force of this Part, no operator shall operate a community placement resource that has not been approved by the Minister.
26(3)Any person who contravenes subsection (2) commits an offence.
2016, c.37, s.66; 2019, c.2, s.54
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
Powers of court on conviction of operator
28Where an operator is convicted of an offence under this Part, the court may, in addition to any penalty imposed in respect thereof, make a further order on the recommendation of the Minister, directing, subject to such terms and conditions as may be set out in the order, the operator
(a) to allow the investigation,
(b) to close the community placement resource,
(c) to operate the community placement resource in accordance with the directive of the Minister, or
(d) to remove the residents or participants from the community placement resource under conditions acceptable to the Minister,
and the failure to comply with any such order shall be deemed to be a contempt in the face of the court and punishable as such.
2016, c.37, s.66; 2019, c.2, s.54
Repealed
29Repealed: 1994, c.8, s.5
1994, c.8, s.5
Deemed payment under Social Welfare Act
29.1(1)In this section
“person in need” means a person in need as defined under the Social Welfare Act.(personne nécessiteuse)
29.1(2)Payment or payments made on behalf of a person in need under this Act and the regulations for services provided at a community placement resource shall be deemed to be payment or payments made on behalf of a person in need under the Social Welfare Act and regulations.
29.1(3)This section shall be deemed to have come into force on April 1, 1984.
1992, c.32, s.2
III
PROTECTION SERVICES
Voluntary protection services
Repealed: 2023, c.36, s.13
2023, c.36, s.13
29.2Repealed: 2023, c.36, s.13
2010, c.8, s.5; 2023, c.36, s.13
Duty to report child abuse
Repealed: 2023, c.36, s.13
2023, c.36, s.13
30Repealed: 2023, c.36, s.13
1992, c.52, s.11; 1994, c.7, s.1; 1995, c.43, s.1; 1997, c.2, s.4; 1998, c.40, s.1; 1999, c.32, s.5; 2008, c.19, s.2; 2008, c.45, s.6; 2010, c.E-0.5, s.66; 2010, c.8, s.6; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Release of information
Repealed: 2019, c.17, s.6
2019, c.17, s.6
30.1Repealed: 2019, c.17, s.7
1992, c.57, s.1; 1997, c.39, s.1; 2016, c.37, s.66; 2019, c.2, s.54; 2019, c.17, s.7
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
Finding that a person has endangered the security or development of a child
Repealed: 2023, c.36, s.13
2019, c.17, s.8; 2023, c.36, s.13
31.01Repealed: 2023, c.36, s.13
2019, c.17, s.8; 2023, c.36, s.13
Plan for care of a child
Repealed: 2023, c.36, s.13
2023, c.36, s.13
31.1Repealed: 2023, c.36, s.13
2008, c.19, s.3; 2010, c.8, s.8; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Kinship services
Repealed: 2023, c.36, s.13
2019, c.17, s.9; 2023, c.36, s.13
31.2Repealed: 2023, c.36, s.13
2019, c.17, s.9; 2023, c.36, s.13
Protective care of child
Repealed: 2023, c.36, s.13
2023, c.36, s.13
32Repealed: 2023, c.36, s.13
1995, c.43, s.3; 1997, c.2, s.6; 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
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
Neglected or abused adult
34(1)Where an adult is a disabled person or an elderly person, or is within a group prescribed by regulation, and
(a) is incapable of caring properly for himself by reason of physical or mental infirmity and is not receiving proper care and attention; or
(b) refuses, delays or is unable to make provision for his proper care and attention,
that person is a neglected adult for purposes of sections 35 to 42.
34(2)Where an adult is a disabled person or an elderly person, or is within a group prescribed by regulation, and is a victim of or is in danger of being a victim of
(a) physical abuse;
(b) sexual abuse;
(c) mental cruelty; or
(d) any combination thereof,
that person is an abused adult for purposes of sections 35 to 42.
Investigation with respect to neglected or abused adult
35(1)Where the Minister has reason to believe that a person is a neglected adult or an abused adult, he shall cause an investigation to be made and, if he considers it advisable, may request and authorize a medical practitioner to examine and report on the physical and mental condition of the person and the care and attention he is receiving.
35(2)The authorization of the Minister under subsection (1) is sufficient authority to any medical practitioner to perform the responsibilities set out in subsection (1) without the consent of the person being examined.
35(2.1)When the Minister conducts an investigation under subsection (1), the Minister shall take the steps that he or she considers necessary to determine if the security of a person is in danger as described in subsection 37.1(1).
35(3)If the person, a member of the person’s family or any person having care or control of the person interferes with or obstructs in any way the carrying out of the investigation under subsection (1), the court, on application of the Minister, may, after making due enquiries and being satisfied that it is reasonable and proper that the investigation be made, issue a warrant authorizing the investigation, and any warrant so issued is sufficient authority for a peace officer, the Minister or any other person designated in the warrant to enter, by force if necessary, any building or other place in order to carry out the investigation.
2016, c.37, s.66; 2019, c.2, s.54; 2019, c.17, s.10
Disclosure of information by professional person
35.1(1)A professional person may disclose information to the Minister respecting a person whom the professional person has reason to believe is a neglected adult or an abused adult, including information that has been acquired through the discharge of the professional person’s duties or within a professional relationship.
35.1(2)No action lies against a professional person who in good faith provides information to the Minister under subsection (1).
35.1(2.1)No action shall be commenced against a person in relation to the providing of information to the Minister under this section except with leave of the court.
35.1(2.2)An application for leave shall be commenced by a Notice of Application served on the respondent and the Minister in accordance with the Rules of Court.
35.1(2.3)On an application for leave, leave shall be granted only if the applicant establishes, by affidavit or otherwise, a prima facie case that the person who provided the information to the Minister did not provide the information in good faith.
35.1(2.4)If leave is not granted, the court may order the applicant to pay all or any portion of the costs of the application.
35.1(2.5)An action against a person in relation to providing information to the Minister under this section is a nullity if the action is commenced without the leave of the court.
35.1(3)Except in the course of judicial proceedings, no person shall reveal the identity of a person who has given information under subsection (1) without that person’s written consent.
35.1(4)Any person who violates subsection (3) commits an offence.
35.1(5)For the purposes of this section
“professional person” means a worker in any adult day care center or residential or institutional facility, a vocational counsellor or trainer, an educator, a physician, a nurse, dentist or other health or mental health professional, a hospital administrator, a social work administrator, social worker or other social service professional, a police or law enforcement officer, a psychologist, a guidance counsellor or a recreational services administrator or worker and includes any other person who by virtue of his employment or occupation has a responsibility to discharge a duty of care towards an elderly person or a disabled adult.(professionnel)
1990, c.25, s.3; 1998, c.40, s.3; 2016, c.37, s.66; 2019, c.2, s.54
Removal and detention of offending person
36(1)Where the Minister has reason to believe that a person is a neglected or abused adult because of the presence of any person, he may apply to the court for a warrant to authorize the removal of the offending person from the premises in which the neglected or abused adult resides, and his detention, if necessary, pending application for an order under paragraph 39(1)(c).
36(2)Any person detained under the authority of a warrant issued under subsection (1) shall be brought forthwith before the court and may be released on his own recognizance or on such conditions as the court may impose.
2016, c.37, s.66; 2019, c.2, s.54
Consideration of wishes of neglected or abused adult
36.1(1)In the exercise of any authority under this Act given to any person to make a decision that affects a neglected adult or abused adult, the neglected adult’s or abused adult’s wishes, where they can be expressed and where the neglected adult or abused adult is capable of understanding the nature of any choices that may be available, shall be given consideration in determining the neglected adult’s or abused adult’s interests and concerns, and the interests and concerns of the neglected adult or abused adult shall be given consideration as distinct interests and concerns, separate from those of any other person.
36.1(2)Where the wishes of a neglected adult or abused adult have not been or cannot be expressed or the neglected adult or abused adult is incapable of understanding the nature of the choices that may be available, the Minister shall make every effort to identify the neglected adult’s or abused adult’s interests and concerns and shall give consideration to them as distinct interests and concerns separate from those of any other person.
36.1(3)A person who is authorized under this Act to make a decision that affects a neglected adult or abused adult may, in order to comply with subsection (1), consult directly with the neglected adult or abused adult, in which case the authorized person shall do so in camera unless the authorized person determines that to do so would not be in the best interests of the neglected adult or abused adult; and in consulting with the neglected adult or abused adult in camera the authorized person may exclude any person, including any party to a proceeding and that person’s counsel, from participating in or observing the consultation.
36.1(4)In any matter or proceeding under this Act affecting a neglected adult or abused adult, whether before a court or any person having authority to make a decision that affects a neglected adult or abused adult, the neglected adult or abused adult has the right to be heard either on his or her own behalf or through a responsible spokesperson.
36.1(5)In any proceeding under this Act the court may waive any requirement that the neglected adult or abused adult appear before the court where it is of the opinion that it would be in the best interests of the neglected adult or abused adult to do so and the court is satisfied that the interests and concerns of the neglected adult or abused adult with respect to the matter before the court will not be prejudiced.
1990, c.25, s.4; 1997, c.2, s.7; 2016, c.37, s.66; 2019, c.2, s.54
Finding that a person has endangered the security of another person
2019, c.17, s.11
36.2After completing an investigation, if the Minister has determined that the security of a person is in danger, the Minister may make a finding that a person has endangered the security of another person as described in paragraphs 37.1(1)(a) to (g).
2019, c.17, s.11
Authority of Minister with respect to neglected or abused adult
37(1)If the Minister is satisfied, after an investigation under subsection 35(1), that a person is a neglected adult or an abused adult, the Minister may
(a) provide social services to the person, or
(b) refer the matter to
(i) a community social services agency,
(ii) another government department or government agency,
(iii) a law enforcement agency with jurisdiction in the matter,
(iv) a regional health authority as defined in the Regional Health Authorities Act or other institution, or
(v) any other appropriate service.
37(1.1)If the Minister is satisfied, after an investigation under subsection 35(1), that a person is a neglected adult or an abused adult and is mentally incompetent, the Minister may
(a) apply for an order under subsection 39(1), or
(b) if section 37.1 applies, put the person under protective care and proceed under that section.
37(2)Where the social service provided by the Minister under this section includes the services of a homemaker, subsection 32(3) applies mutatis mutandis.
1990, c.25, s.5; 1992, c.52, s.11; 2002, c.1, s.6; 2016, c.37, s.66; 2019, c.2, s.54
Security of person, protective care of person
2019, c.17, s.12
37.1(1)The security of a person may be in danger when
(a) the person is without adequate care or supervision;
(b) the person is living in unfit or improper circumstances;
(c) the person is in the care of someone who is unable or unwilling to provide adequate care or supervision of the person;
(d) the person is in the care of someone whose conduct endangers the life, health or emotional well-being of the person;
(e) the person is physically or sexually abused, physically or emotionally neglected, sexually exploited, including sexual exploitation through pornography or in danger of such treatment;
(f) the person is living in a situation where there is severe domestic violence;
(g) the person is in the care of someone 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 person or refuses to permit such care or treatment to be supplied to the person; or
(h) the person by his or her behaviour, condition, environment or association, is likely to injure himself or herself or others.
37.1(2)The Minister may put a person under protective care if
(a) the Minister is satisfied, after an investigation under subsection 35(1), that the person is a neglected adult or an abused adult;
(b) the Minister and a professional person both have reason to believe that the person is mentally incompetent;
(c) the Minister has reason to believe that the security of the person may be in danger; and
(d) the person has refused to accept the provision of social services.
37.1(3)Where the Minister puts a person under protective care under subsection (2), he shall make adequate provision for that person’s care and the Minister may do any or all of the following:
(a) leave the person where the person is residing or in the care of the person who had assumed responsibility of the person before the person was put under protective care;
(b) remove the person from the location where the person is residing and put the person in such other location as in the Minister’s opinion is suitable;
(c) return the person to the location where the person was residing or to the care of the person who had previously assumed responsibility for the care of the person;
(d) arrange for a medical examination and treatment of the person without the consent of any other person.
37.1(4)Within five days after putting a person under protective care under subsection (2), the Minister shall
(a) release the person from protective care; or
(b) apply to the court for an order under subsection 39(1).
37.1(5)For the purposes of subsection (2) “professional person” means a judge, peace officer, medical practitioner, psychologist, nurse or any other health or mental health professional.
1990, c.25, s.6; 1997, c.2, s.8; 2010, c.8, s.10; 2016, c.37, s.66; 2019, c.2, s.54; 2019, c.17, s.13
Application for order where adult is discharged from psychiatric facility
37.2Where
(a) an adult is scheduled to be discharged from a psychiatric facility or any other facility where the adult has been receiving care and supervision,
(b) there is no member of the adult’s immediate family or any other person who is capable of and willing to assume responsibility for the adult’s care and supervision,
(c) the Minister has reason to believe that the person is mentally incompetent, and
(d) the adult is, in the opinion of the Minister, likely to become a neglected adult or an abused adult,
the Minister may apply for and the Court may make an order under subsection 39(1) on the basis that the person would be a neglected adult upon discharge from the facility.
1990, c.25, s.6; 1997, c.2, s.9; 2016, c.37, s.66; 2019, c.2, s.54
Examination report
37.3(1)An application made by the Minister under paragraph 37(1.1)(a) or 37.1(4)(b) or section 37.2 or subsection 39(2) shall be accompanied by an examination report signed by the medical practitioner who examined the person who is the subject of the application.
37.3(2)An examination report shall
(a) state that the medical practitioner personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for the medical practitioner to form the opinion that the person is mentally incompetent,
(b) set out the facts upon which the medical practitioner formed an opinion, distinguishing between the facts observed by the medical practitioner and the facts communicated to the medical practitioner by others, and
(c) describe the nature or degree of the mental incompetency suffered by the person and set out the reasons upon which the medical practitioner relies in forming the opinion referred to in paragraph (b) and making the diagnosis.
37.3(3)An examination report signed and completed in accordance with this section is admissible in evidence and when introduced as evidence is proof, in the absence of evidence to the contrary, that the person is mentally incompetent, without proof of the signature or authority of the person appearing to have signed the examination report.
1990, c.25, s.6; 1992, c.20, s.1; 2016, c.37, s.66; 2019, c.2, s.54
Application to court
38(1)Subject to subsection (2), an application made by the Minister under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection 39(2) shall be heard forthwith by the court.
38(2)At least ten days prior to the date set for the hearing of an application under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection 39(2), the Minister shall notify the person in respect of whom the application is made or some person having care or control of the person
(a) that an application has been made for an order under subsection 39(1), and
(b) of the time and place of the hearing.
1990, c.25, s.7; 2016, c.37, s.66; 2019, c.2, s.54
Powers of court
39(1)If the court, after hearing the application, is satisfied that the person is a neglected adult or an abused adult and the person is mentally incompetent, the court may, where it appears in the best interests of the person to do so,
(a) make an order directing that the person who is the subject of the application remain where the person is residing in the care and control of the person in whose care the person who is the subject of the application may be, subject to supervision by the Minister and to conditions set out in the order;
(b) make an order directing that the person who is the subject of the application be placed under the supervision of the Minister, subject to such conditions as may be set out in the order, including conditions with respect to the care, control and management of any property of the person;
(b.1) issue a warrant for the removal from the premises in which the person who is the subject of the application resides of the person who, in the opinion of the court, is a source of danger to the person who is the subject of the application;
(c) make a protective intervention order directed to any other person who, in the opinion of the court, is a source of danger to the person who is the subject of the application, requiring that other person to do one or more of the following:
(i) to cease to reside in the same premises in which the person who is the subject of the application is to reside, whether or not that other person has an interest in those premises;
(ii) to refrain from any contact or association with the person who is the subject of the application;
(iii) to pay such support as the court may establish in accordance with the Family Law Act;
(d) make an order authorizing the Minister to give consent on behalf of the person who is the subject of the application for any necessary medical, surgical or dental treatment;
or, subject to subsection (1.1), may make any other order that the court considers appropriate under the circumstances.
39(1.1)The court shall not make an order for the payment of costs in relation to an application under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection (2) against a person other than the Minister.
39(2)Repealed: 2023, c.36, s.13
39(3)Any person who does not comply with an order made under paragraph (1)(c) commits an offence.
39(4)Any order made under subsection (1) is in force for the period stated in the order, not to exceed twelve months, and may be extended for additional periods not exceeding twelve months each.
39(5)Any person who is subject to an order made under subsection (1) may, in the prescribed form, and upon fourteen days’ notice to the Minister, apply to the court to have the order made under subsection (1) varied or terminated.
39(6)The Minister may, in the prescribed form and after notice as set out in subsection 38(2), apply to the court to have an order made under subsection (1) varied, extended or terminated.
39(7)Upon hearing the application, the court, if satisfied that circumstances have changed sufficiently since the making of the order under subsection (1), may make such further order varying, extending or terminating the order as it considers appropriate.
39(8)Where the court is of the opinion that the interests and concerns of a person in respect of whom a hearing is held under this section should be represented by counsel or by a responsible spokesman, the court shall advise the Attorney General that in its opinion counsel or a responsible spokesman should be made available to assist in the representation of the person’s interests and concerns.
1990, c.25, s.8; 1992, c.20, s.2; 1992, c.33, s.1; 1997, c.2, s.10; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3; 2023, c.36, s.13
Order for hospitalization
40(1)Where medical evidence at the hearing discloses that a neglected adult or an abused adult requires treatment in a hospital facility the court may include in an order made under subsection 39(1) an order for hospitalization.
40(2)At any time pending the final determination of an application for an order under subsection 39(1), the court may order the removal of the person in respect of whom the order is sought to a hospital facility or other place without delay if a medical practitioner certifies that, in his opinion, it is necessary to do so in the interests of the person’s health.
1992, c.52, s.11
Right to appeal from order or decision
41Any order or decision made under this Part may be appealed within thirty days thereof to The Court of Appeal of New Brunswick.
Appeal procedure and powers of court
42(1)An appeal under section 41 shall be in accordance with the regulations and the Rules of Court.
42(2)On appeal, the court may
(a) affirm the order, with or without modifications;
(b) terminate the order;
(c) remit the order with directions to the court below; or
(d) give any judgment or make any order that in its opinion ought to have been given or made in the court below.
1985, c.4, s.24
IV
CHILDREN IN CARE
Repealed: 2023, c.36, s.13
2023, c.36, s.13
Definitions
Repealed: 2023, c.36, s.13
2023, c.36, s.13
43Repealed: 2023, c.36, s.13
1988, c.13, s.2; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.36, s.13
Custody and guardianship agreements
Repealed: 2023, c.36, s.13
2023, c.36, s.13
44Repealed: 2023, c.36, s.13
1990, c.25, s.9; 2007, c.20, s.3; 2010, c.8, s.11; 2016, c.37, s.66; 2023, c.36, s.13
Responsibilities of Minister for child in care
Repealed: 2023, c.36, s.13
2023, c.36, s.13
45Repealed: 2023, c.36, s.13
2016, c.37, s.66; 2023, c.36, s.13
Foster parent agreements
Repealed: 2023, c.36, s.13
2023, c.36, s.13
46Repealed: 2023, c.36, s.13
1994, c.8, s.6; 2016, c.37, s.66; 2023, c.36, s.13
Agreements with other government, person or agency
Repealed: 2023, c.36, s.13
2023, c.36, s.13
47Repealed: 2023, c.36, s.13
2016, c.37, s.66; 2023, c.36, s.13
Custody agreement between parent and Minister
Repealed: 2023, c.36, s.13
2023, c.36, s.13
48Repealed: 2023, c.36, s.13
1994, c.8, s.7; 2007, c.20, s.4; 2016, c.37, s.66; 2023, c.36, s.13
Termination of guardianship agreement
Repealed: 2023, c.36, s.13
2023, c.36, s.13
49Repealed: 2023, c.36, s.13
1990, c.25, s.10; 2016, c.37, s.66; 2019, c.17, s.14; 2023, c.36, s.13
Repealed
50Repealed: 1994, c.8, s.8
1994, c.8, s.8
Application where security or development of child endangered
Repealed: 2023, c.36, s.13
2023, c.36, s.13
51Repealed: 2023, c.36, s.13
1995, c.43, s.5; 1996, c.75, s.3; 1996, c.76, s.1; 1999, c.32, s.6; 2016, c.37, s.66; 2020, c.24, s.3; 2023, c.36, s.13
Adjournment to permit mediation, family group conference
Repealed: 2023, c.36, s.13
2023, c.36, s.13
51.01Repealed: 2023, c.36, s.13
2008, c.19, s.4; 2016, c.37, s.66; 2023, c.36, s.13
Application by parent for review of protective care
Repealed: 2023, c.36, s.13
2023, c.36, s.13
51.1Repealed: 2023, c.36, s.13
1995, c.43, s.6; 2016, c.37, s.66; 2023, c.36, s.13
Procedure before hearing of application
Repealed: 2023, c.36, s.13
2023, c.36, s.13
52Repealed: 2023, c.36, s.13
1981, c.10, s.3; 1983, c.16, s.3; 1995, c.43, s.7; 2016, c.37, s.66; 2019, c.17, s.15; 2023, c.36, s.13
Powers and responsibilities of court
Repealed: 2023, c.36, s.13
2023, c.36, s.13
53Repealed: 2023, c.36, s.13
1988, c.13, s.3; 2016, c.37, s.66; 2019, c.17, s.16; 2022, c.62, s.1; 2023, c.36, s.13
Supervisory order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
54Repealed: 2023, c.36, s.13
1997, c.2, s.11; 2004, c.18, s.1; 2016, c.37, s.66; 2023, c.36, s.13
Custody order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
55Repealed: 2023, c.36, s.13
1981, c.10, s.4; 1990, c.25, s.11; 1992, c.33, s.2; 2004, c.18, s.2; 2016, c.37, s.66; 2019, c.17, s.17; 2020, c.24, s.3; 2023, c.36, s.13
Guardianship order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
56Repealed: 2023, c.36, s.13
1992, c.33, s.3; 2016, c.37, s.66; 2023, c.36, s.13
Order for transfer of guardianship
Repealed: 2023, c.36, s.13
2019, c.17, s.18; 2023, c.36, s.13
56.1Repealed: 2023, c.36, s.13
2019, c.17, s.18; 2023, c.36, s.13
Order authorizing placement in place of safety
Repealed: 2023, c.36, s.13
2023, c.36, s.13
57Repealed: 2023, c.36, s.13
1996, c.75, s.4; 2016, c.37, s.66; 2023, c.36, s.13
Protective intervention order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
58Repealed: 2023, c.36, s.13
1990, c.25, s.12; 1997, c.2, s.12; 2004, c.18, s.3; 2016, c.37, s.66; 2020, c.24, s.3; 2023, c.36, s.13
Appeal from order or decision
Repealed: 2023, c.36, s.13
2023, c.36, s.13
59Repealed: 2023, c.36, s.13
1985, c.4, s.24; 2023, c.36, s.13
Review, variance or termination of order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
60Repealed: 2023, c.36, s.13
1988, c.13, s.4; 1990, c.25, s.13; 1996, c.75, s.5; 2016, c.37, s.66; 2023, c.36, s.13
Application to court to vary or terminate order or guardianship agreement
Repealed: 2023, c.36, s.13
2023, c.36, s.13
61Repealed: 2023, c.36, s.13
1990, c.25, s.14; 1996, c.75, s.6; 2016, c.37, s.66; 2019, c.17, s.19; 2022, c.62, s.2; 2023, c.36, s.13
Order of extra-provincial court for transfer
Repealed: 2023, c.36, s.13
2023, c.36, s.13
62Repealed: 2023, c.36, s.13
1996, c.75, s.7; 2016, c.37, s.66; 2023, c.36, s.13
Repealed
63Repealed: 1996, c.75, s.8
1996, c.75, s.8
V
ADOPTION
Repealed: 2023, c.36, s.13
2023, c.36, s.13
Definition of “Minister”
Repealed: 2019, c.2, s.54
2019, c.2, s.54
63.1Repealed: 2019, c.2, s.54
2016, c.37, s.66; 2019, c.2, s.54
Adoption to be made only under this Part
Repealed: 2023, c.36, s.13
2023, c.36, s.13
64Repealed: 2023, c.36, s.13
2007, c.21, s.6; 2023, c.36, s.13
Adoption of child and adult
Repealed: 2023, c.36, s.13
2023, c.36, s.13
65Repealed: 2023, c.36, s.13
2023, c.36, s.13
Any adult may adopt child
Repealed: 2023, c.36, s.13
2023, c.36, s.13
66Repealed: 2023, c.36, s.13
2007, c.20, s.5; 2023, c.36, s.13
Application for adoption
Repealed: 2023, c.36, s.13
2023, c.36, s.13
67Repealed: 2023, c.36, s.13
1983, c.16, s.4; 1994, c.8, s.9; 2016, c.37, s.66; 2017, c.14, s.2; 2023, c.36, s.13
Disclosure of information about prospective adopting parents
Repealed: 2023, c.36, s.13
2023, c.36, s.13
68Repealed: 2023, c.36, s.13
2016, c.37, s.66; 2023, c.36, s.13
Only Minister or parent may place child for adoption
Repealed: 2023, c.36, s.13
2023, c.36, s.13
69Repealed: 2023, c.36, s.13
1990, c.22, s.13; 2016, c.37, s.66; 2023, c.36, s.13
Placement for adoption
Repealed: 2023, c.36, s.13
2023, c.36, s.13
70Repealed: 2023, c.36, s.13
2007, c.20, s.6; 2016, c.37, s.66; 2023, c.36, s.13
Placement agreement
Repealed: 2023, c.36, s.13
2023, c.36, s.13
70.1Repealed: 2023, c.36, s.13
2007, c.20, s.7; 2016, c.37, s.66; 2023, c.36, s.13
Best interests of child
Repealed: 2023, c.36, s.13
2023, c.36, s.13
71Repealed: 2023, c.36, s.13
1983, c.16, s.5; 2016, c.37, s.66; 2023, c.36, s.13
Agreement for financial or other assistance
Repealed: 2023, c.36, s.13
2023, c.36, s.13
72Repealed: 2023, c.36, s.13
2007, c.20, s.8; 2016, c.37, s.66; 2023, c.36, s.13
Notice of private placement of child required
Repealed: 2023, c.36, s.13
2023, c.36, s.13
73Repealed: 2023, c.36, s.13
1983, c.16, s.6; 1990, c.22, s.13; 1999, c.32, s.7; 2007, c.20, s.9; 2016, c.37, s.66; 2023, c.36, s.13
Assessment of adoption placement by Minister
Repealed: 2023, c.36, s.13
2023, c.36, s.13
74Repealed: 2023, c.36, s.13
1983, c.16, s.7; 2007, c.20, s.10; 2016, c.37, s.66; 2023, c.36, s.13
Notice to adoption authority outside the Province
Repealed: 2023, c.36, s.13
2023, c.36, s.13
74.1Repealed: 2023, c.36, s.13
2007, c.20, s.11; 2016, c.37, s.66; 2023, c.36, s.13
Adoption order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
75Repealed: 2023, c.36, s.13
1983, c.16, s.8; 1988, c.13, s.5; 2007, c.20, s.12; 2008, c.45, s.6; 2016, c.37, s.66; 2023, c.36, s.13
Adoption consent
Repealed: 2023, c.36, s.13
2023, c.36, s.13
76Repealed: 2023, c.36, s.13
2007, c.20, s.13; 2016, c.37, s.66; 2023, c.36, s.13
Revocation of consent
Repealed: 2023, c.36, s.13
2023, c.36, s.13
77Repealed: 2023, c.36, s.13
2007, c.20, s.14; 2016, c.37, s.66; 2023, c.36, s.13
Waiver of consent
Repealed: 2023, c.36, s.13
2023, c.36, s.13
78Repealed: 2023, c.36, s.13
2007, c.20, s.15; 2023, c.36, s.13
Procedure on adoption application
Repealed: 2023, c.36, s.13
2023, c.36, s.13
79Repealed: 2023, c.36, s.13
1985, c.4, s.24; 1997, c.2, s.13; 2007, c.20, s.16; 2008, c.45, s.6; 2016, c.37, s.66; 2023, c.36, s.13
Evidence and witnesses
Repealed: 2023, c.36, s.13
2023, c.36, s.13
80Repealed: 2023, c.36, s.13
2007, c.20, s.17; 2008, c.45, s.6; 2016, c.37, s.66; 2023, c.36, s.13
Time for disposition of application
Repealed: 2023, c.36, s.13
2023, c.36, s.13
81Repealed: 2023, c.36, s.13
1991, c.27, s.16; 2023, c.36, s.13
Disposition of application
Repealed: 2023, c.36, s.13
2023, c.36, s.13
82Repealed: 2023, c.36, s.13
1994, c.8, s.10; 2016, c.37, s.66; 2023, c.36, s.13
Adoption order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
83Repealed: 2023, c.36, s.13
2007, c.20, s.18; 2008, c.45, s.6; 2016, c.37, s.66; 2023, c.36, s.13
Change in birth register
Repealed: 2023, c.36, s.13
2023, c.36, s.13
84Repealed: 2023, c.36, s.13
2023, c.36, s.13
Effects of adoption order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
85Repealed: 2023, c.36, s.13
1996, c.75, s.9; 2007, c.20, s.19; 2008, c.45, s.6; 2020, c.24, s.3; 2023, c.36, s.13
Effect of subsequent adoption order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
86Repealed: 2023, c.36, s.13
2023, c.36, s.13
Domicile or residence requirements
Repealed: 2023, c.36, s.13
2023, c.36, s.13
87Repealed: 2023, c.36, s.13
1985, c.41, s.5; 1993, c.42, s.2; 1997, c.2, s.14; 2023, c.36, s.13
Recognition of order in other jurisdiction
Repealed: 2023, c.36, s.13
2023, c.36, s.13
88Repealed: 2023, c.36, s.13
1993, c.42, s.3; 2007, c.20, s.20; 2023, c.36, s.13
Appeal
Repealed: 2023, c.36, s.13
2023, c.36, s.13
89Repealed: 2023, c.36, s.13
2016, c.37, s.66; 2023, c.36, s.13
Setting aside of adoption order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
90Repealed: 2023, c.36, s.13
2023, c.36, s.13
Openness agreement
Repealed: 2023, c.36, s.13
2023, c.36, s.13
90.01Repealed: 2023, c.36, s.13
2007, c.20, s.21; 2016, c.37, s.66; 2023, c.36, s.13
90.1Repealed: 2017, c.14, s.2
1988, c.13, s.6; 2017, c.14, s.2
Repealed
91Repealed: 2017, c.14, s.2
1983, c.16, s.9; 2007, c.20, s.22; 2016, c.37, s.66; 2017, c.14, s.2
Repealed
92Repealed: 2017, c.14, s.2
1982, c.13, s.2; 1994, c.8, s.11; 2016, c.37, s.66; 2017, c.14, s.2
Repealed
93Repealed: 1994, c.8, s.12
1994, c.8, s.12
Repealed
94Repealed: 2017, c.14, s.2
2007, c.20, s.23; 2017, c.14, s.2
V.I
CONFIDENTIALITY, DISCLOSURE AND THE POST-ADOPTION REGISTER
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Definitions
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.01Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2019, c.2, s.54; 2023, c.36, s.13
Confidential records and documents
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.02Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Post-adoption register
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.03Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Disclosure of non-identifying information
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.04Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Disclosure of identifying information
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.05Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Past adoptions – disclosure veto
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.06Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Past adoptions – disclosure of identifying information
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.07Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Future adoptions – disclosure of identifying information
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.08Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Contact by the Minister
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.09Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Documents with the Registrar General
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.1Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Contact preference
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.2Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Death of an adopted person or a birth parent
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.3Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Sharing of information
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.4Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Persons with an interest
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.5Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Offences re disclosure, undertakings
Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
94.6Repealed: 2023, c.36, s.13
2017, c.14, s.2; 2023, c.36, s.13
Offences re payment, general
Repealed: 2023, c.36, s.13
2023, c.36, s.13
95Repealed: 2023, c.36, s.13
1990, c.22, s.13; 2007, c.20, s.24; 2016, c.37, s.66; 2023, c.36, s.13
Advertisement prohibited
Repealed: 2023, c.36, s.13
2023, c.36, s.13
95.1Repealed: 2023, c.36, s.13
2007, c.20, s.25; 2016, c.37, s.66; 2023, c.36, s.13
VI
PARENTAGE OF CHILDREN
Parent and child relationship
96(1)Subject to subsection (2), for all purposes of the law of the Province a person is the child of his or her natural parents and his or her status as their child is independent of whether the child is born within or outside marriage.
96(2)An adopted child in respect of whom Part 6 of the Child and Youth Well-Being Act applies is the child of the adopting parents as if they were the natural parents.
96(3)The parent and child relationship as determined under subsection (1) or (2) shall be followed in the determination of other kindred relationships flowing therefrom.
96(4)Any distinction between the status of children born in wedlock and born out of wedlock is abolished and the relationship of parent and child and kindred relationships flowing therefrom shall be determined in accordance with this section.
96(5)This section applies to every person, whether born before or after this Part comes into force, and whether born in the Province or not and whether or not his or her father or mother has ever been domiciled in the Province.
2023, c.36, s.13
Construction of instrument, Act or regulation
97(1)For the purposes of construing any instrument, Act or regulation, unless the contrary intention appears, a reference to a person or group or class of persons described in terms of relationship by blood or marriage to another person shall be construed to refer to or include a person who comes within the relationship of parent and child as determined under section 96.
97(2)Subsection (1) applies to
(a) any Act of the Legislature or any regulation, order or by-law made under an Act of the Legislature enacted or made before, on or after the coming into force of this Part; and
(b) any instrument made on or after the coming into force of this Part.
97(3)Subsection (1) does not affect any interest in property or any right, title or interest in or to property or any other right that has vested absolutely before the coming into force of this Part.
1997, c.2, s.15
Jurisdiction of The Court of King’s Bench of New Brunswick
2023, c.17, s.87
98(1)The court having jurisdiction for the purposes of sections 100 and 101 is The Court of King’s Bench of New Brunswick.
98(2)Nothing in subsection (1) shall be construed to limit the authority of any court to make a declaration of parentage incidental to any determination made by that court in the exercise of a jurisdiction extended to it by any other Act or law.
2023, c.17, s.87
Civil nature of proceedings
99A proceeding under sections 100 to 102 shall be civil in nature.
Declaratory orders of parentage
100(1)Subject to subsection (7), any person having an interest in the matter may apply to the court for a declaratory order that a man is recognized in law to be the father of a child or that a woman is the mother of a child.
100(2)Where the court finds on the balance of probabilities that the relationship of mother and child has been established, the court may make a declaratory order to that effect.
100(3)Where the court finds that a presumption of paternity exists under section 103 and unless it is established, on the balance of probabilities, that the presumed father is not the father of the child, the court may make a declaratory order confirming that the paternity is recognized in law.
100(4)Notwithstanding that there is no person recognized in law under section 103 to be the father of a child, where the court finds on the balance of probabilities that the relationship of father and child has been established the court may make a declaratory order to that effect.
100(5)An order shall not be made under subsection (4) unless both the man and the child were living at the time the application was made.
100(6)Subject to sections 101 and 102, an order made under this section shall be recognized for all purposes.
100(7)Where the mother of a child has consented to the adoption of her child,
(a) no person may apply to the court for a declaratory order that a man is recognized in law to be the father of the child, unless that application is made within thirty days after the date of the mother’s consent;
(b) a person who applies to the court for a declaratory order that a man is recognized in law to be the father of a child shall give notice of the application to the Minister by registered mail;
(c) the Minister shall notify the mother of the child of the application and determine whether the mother wishes to revoke her consent to the adoption of her child;
(d) the Minister shall deliver the custody of the child to the man if he is recognized in law to be the father of the child and the mother does not revoke her consent to the adoption of her child.
1997, c.2, s.16; 2007, c.20, s.26; 2016, c.37, s.66; 2019, c.2, s.54
Discharge or variance of order
101Where a declaratory order has been made under section 100 and evidence becomes available that was not available at the previous hearing, the court may, upon application, discharge or vary the order and make such other orders or directions as are ancillary thereto.
Appeal
102An appeal lies from an order or decision under section 100 or 101 to The Court of Appeal of New Brunswick.
Presumptions of paternity
103(1)Unless the contrary is proven on a balance of probabilities a man is presumed to be and he shall be recognized in law to be the father of a child in any one of the following circumstances, namely
(a) the man is married to the mother of the child at the time of the birth of the child;
(b) the man was married to the mother of the child by a marriage that was terminated by the death of the man or by a decree of nullity of marriage within three hundred days before the birth of the child, or by divorce where the decree nisi was granted or the judgment granting the divorce was rendered within three hundred days before the birth of the child;
(c) the man marries the mother of the child after the birth of the child and acknowledges that he is the natural father;
(d) the man was cohabiting with the mother of the child at the time of the birth of the child or the child is born within three hundred days after they ceased to cohabit;
(e) the man and the mother of the child have filed a statutory declaration affirming that he is the natural father of the child under section 105 or under a similar provision of an Act of another province;
(f) the man has signed the birth registration form under section 9 of the Vital Statistics Act;
(g) the man has been found or recognized in his lifetime by a court of competent jurisdiction in Canada to be the father of the child.
103(2)For the purpose of subsection (1), where a man and a woman go through a form of marriage with each other, in good faith, that is void and cohabit, they shall be deemed to be married during the time they cohabit and the marriage shall be deemed to be terminated when they cease to cohabit.
103(3)Subject to subsection (4), where circumstances exist that give rise under subsection (1) to conflicting presumptions as to the paternity of a child no presumption shall be made as to paternity and no person shall be recognized in law to be the father by virtue of this section.
103(4)Notwithstanding subsection (3), where there are conflicting presumptions as to paternity arising under paragraphs (1)(a) and (1)(e), the presumption under paragraph (1)(e) shall be made and prevails if at the time of the conception of the child the mother of the child was not cohabiting with the person presumed to be the father under paragraph (1)(a).
1986, c.34, s.1
Written acknowledgement of parentage as evidence
104A written acknowledgement of parentage that is admitted in evidence in any civil proceeding against the interest of the person making the acknowledgement is prima facie proof of the facts contained therein.
Statutory declaration affirming natural father by a man and the mother
105(1)A man and the mother of a child may file a statutory declaration, in the prescribed form, with the Registrar General of Vital Statistics affirming that the man is the natural father of the child.
105(2)Where the mother of the child is married at the time of the birth of the child the statutory declaration referred to in subsection (1) shall include an affirmation of the mother that at the time of conception of the child she was living separate and apart from her husband.
105(3)Any person having an interest in the matter may inspect a statutory declaration filed under subsection (1) and upon payment of a fee prescribed by regulation may obtain a certified copy thereof from the Registrar General of Vital Statistics.
Statutory declaration affirming natural father by a man
106(1)A man may file with the Registrar General of Vital Statistics a statutory declaration, in the prescribed form, affirming that he is the father of the child.
106(2)Any person having an interest in the matter may inspect a statutory declaration filed under subsection (1) and, upon payment of a fee prescribed by regulation, may obtain a certified copy thereof from the Registrar General of Vital Statistics.
Statement respecting order or judgment to Registrar General of Vital Statistics
107The registrar or clerk of every court in the Province shall furnish the Registrar General of Vital Statistics with a statement in the prescribed form respecting each order or judgment of the court that makes a finding of or confirms parentage.
Certified copy as evidence
108A certified copy of any document obtained under section 105 or 106 purporting on its face to be from the Registrar General of Vital Statistics shall be prima facie proof in any court of the facts certified to be recorded, without proof of the signature of the Registrar General of Vital Statistics or his appointment.
Limitation on construction
109Nothing in this Part shall be construed to require the Registrar General of Vital Statistics to amend a registration showing parentage other than in recognition of an order made under section 100 or 101.
Leave to obtain blood and other tests as evidence
110(1)Upon the application of a party in any civil proceeding in which a court is called upon to determine the parentage of a child, the court may give the party leave to obtain blood tests, and such other tests as the court considers appropriate, of such persons as are named in the order granting leave and to submit the results in evidence.
110(2)Leave under subsection (1) may be given subject to such terms and conditions as the court considers proper.
110(3)No test shall be performed on a person without his consent, but where a person named in an order granting leave under subsection (1) is not capable of consenting to having a test taken because of age or any other reason, the consent may be given by the person having the care and control of him.
110(4)Where leave is given under subsection (1) and a person named therein refuses to submit to the test, or refuses to consent to the testing of a person under his care and control, the court may draw such inferences as it considers appropriate.
VII
SUPPORT OBLIGATIONS, CUSTODY
AND ACCESS
Repealed: 2020, c.24, s.3
2020, c.24, s.3
Repealed
111Repealed: 2020, c.24, s.3
1982, c.13, s.3; 1991, c.60, s.1; 1997, c.2, s.17; 1997, c.59, s.1; 2005, c.S-15.5, s.56; 2008, c.45, s.6; 2020, c.24, s.3
Repealed
112Repealed: 2020, c.24, s.3
2000, c.59, s.1; 2020, c.24, s.3
Repealed
113Repealed: 2020, c.24, s.3
1997, c.59, s.2; 2000, c.44, s.1; 2020, c.24, s.3
Repealed
114Repealed: 2020, c.24, s.3
2020, c.24, s.3
Repealed
115Repealed: 2020, c.24, s.3
1986, c.8, s.41; 1988, c.44, s.2; 1993, c.42, s.4; 1994, c.59, s.5; 1997, c.59, s.3; 1998, c.40, s.4; 2000, c.26, s.113; 2000, c.44, s.2; 2008, c.45, s.6; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3
Repealed
115.1Repealed: 2020, c.24, s.3
1997, c.59, s.4; 2000, c.44, s.3; 2020, c.24, s.3
Repealed
116Repealed: 2020, c.24, s.3
1981, c.10, s.5; 1996, c.75, s.10; 1997, c.59, s.5; 2000, c.44, s.4; 2005, c.S-15.5, s.56; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3
Repealed
117Repealed: 2020, c.24, s.3
1986, c.34, s.2; 1996, c.75, s.11; 2020, c.24, s.3
Repealed
118Repealed: 2020, c.24, s.3
1997, c.59, s.6; 2000, c.44, s.5; 2020, c.24, s.3
Repealed
119Repealed: 2020, c.24, s.3
2005, c.S-15.5, s.56; 2020, c.24, s.3
Repealed
120Repealed: 2020, c.24, s.3
1981, c.10, s.6; 2020, c.24, s.3
Repealed
121Repealed: 1981, c.10, s.7
1981, c.10, s.7
Repealed
121.1Repealed: 2005, c.S-15.5, s.56
1992, c.20, s.3; 2005, c.S-15.5, s.56
Repealed
122Repealed: 2020, c.24, s.3
1982, c.13, s.4; 1991, c.25, s.1; 2005, c.S-15.5, s.56; 2020, c.24, s.3
Repealed
122.1Repealed: 2020, c.24, s.3
1991, c.25, s.2; 2005, c.S-15.5, s.56; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3
Repealed
122.2Repealed: 2005, c.S-15.5, s.56
1991, c.60, s.2; 1994, c.59, s.5; 2000, c.26, s.113; 2005, c.S-15.5, s.56
Repealed
122.3Repealed: 2005, c.S-15.5, s.56
1991, c.60, s.2; 2005, c.S-15.5, s.56
Repealed
122.4Repealed: 2005, c.S-15.5, s.56
1991, c.60, s.2; 2005, c.S-15.5, s.56
Repealed
122.5Repealed: 2005, c.S-15.5, s.56
1991, c.60, s.2; 2005, c.S-15.5, s.56
Repealed
123Repealed: 2005, c.S-15.5, s.56
1981, c.10, s.8; 1982, c.13, s.5; 1985, c.4, s.24; 1986, c.4, s.20; 1986, c.8, s.41; 1990, c.25, s.15; 1991, c.60, s.3; 1994, c.59, s.5; 1998, c.40, s.5; 2000, c.26, s.113; 2005, c.S-15.5, s.56; 2007, c.20, s.27
Repealed
123.1Repealed: 2005, c.S-15.5, s.56
1991, c.60, s.4; 2005, c.S-15.5, s.56
Repealed
123.2Repealed: 2005, c.S-15.5, s.56
1991, c.60, s.4; 2005, c.S-15.5, s.56
Repealed
123.3Repealed: 2005, c.S-15.5, s.56
1991, c.60, s.4; 2005, c.S-15.5, s.56
Repealed
123.4Repealed: 2005, c.S-15.5, s.56
1993, c.18, s.1; 2005, c.S-15.5, s.56
Repealed
124Repealed: 2020, c.24, s.3
1981, c.10, s.9; 2005, c.S-15.5, s.56; 2013, c.32, s.13; 2020, c.24, s.3
Repealed
125Repealed: 2005, c.S-15.5, s.56
1982, c.13, s.6; 1985, c.4, s.24; 1990, c.22, s.13; 1991, c.60, s.5; 1997, c.2, s.18; 2005, c.S-15.5, s.56
Repealed
126Repealed: 2005, c.S-15.5, s.56
1990, c.22, s.13; 1991, c.60, s.7; 1997, c.2, s.19; 2005, c.S-15.5, s.56
Repealed
126.1Repealed: 2005, c.S-15.5, s.56
1986, c.34, s.3; 1996, c.75, s.12; 2005, c.S-15.5, s.56
Repealed
127Repealed: 2020, c.24, s.3
1997, c.2, s.20; 2020, c.24, s.3
Repealed
128Repealed: 2020, c.24, s.3
1997, c.2, s.21; 2008, c.45, s.6; 2020, c.24, s.3
Repealed
129Repealed: 2020, c.24, s.3
2010, c.21, s.4; 2017, c.22, s.1; 2020, c.24, s.3
Repealed
130Repealed: 2020, c.24, s.3
1982, c.13, s.7; 2020, c.24, s.3
Repealed
130.1Repealed: 2020, c.24, s.3
1982, c.13, s.7; 1999, c.32, s.8; 2020, c.24, s.3
Repealed
130.2Repealed: 2020, c.24, s.3
1982, c.13, s.7; 1997, c.2, s.22; 2020, c.24, s.3
Repealed
130.3Repealed: 2020, c.24, s.3
1982, c.13, s.7; 2020, c.24, s.3
Repealed
130.4Repealed: 2020, c.24, s.3
1982, c.13, s.7; 2020, c.24, s.3
Repealed
130.5Repealed: 2020, c.24, s.3
1982, c.13, s.7; 2006, c.16, s.66; 2012, c.39, s.66; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3
Repealed
130.6Repealed: 2020, c.24, s.3
1982, c.13, s.7; 2020, c.24, s.3
Repealed
130.7Repealed: 2020, c.24, s.3
1982, c.13, s.7; 2020, c.24, s.3
Repealed
130.8Repealed: 2020, c.24, s.3
1982, c.13, s.7; 2020, c.24, s.3
Repealed
131Repealed: 2020, c.24, s.3
2008, c.19, s.5; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3
Repealed
131.1Repealed: 2020, c.24, s.3
1997, c.2, s.23; 2016, c.37, s.66; 2020, c.24, s.3
Repealed
132Repealed: 2020, c.24, s.3
1982, c.13, s.8; 2020, c.24, s.3
Repealed
132.1Repealed: 2020, c.24, s.3
1982, c.13, s.9; 2000, c.18, s.3; 2020, c.24, s.3
Repealed
132.2Repealed: 2020, c.24, s.3
1982, c.13, s.9; 1993, c.42, s.5; 1996, c.75, s.13; 2020, c.24, s.3
Repealed
133Repealed: 2020, c.24, s.3
2020, c.24, s.3
Repealed
134Repealed: 2020, c.24, s.3
1990, c.25, s.16; 1991, c.60, s.8; 1994, c.59, s.5; 2000, c.26, s.113; 2005, c.S-15.5, s.56; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3
Repealed
135Repealed: 2020, c.24, s.3
2020, c.24, s.3
Repealed
136Repealed: 2005, c.S-15.5, s.56
2005, c.S-15.5, s.56
Repealed
137Repealed: 2020, c.24, s.3
2020, c.24, s.3
VIII
MISCELLANEOUS
Offences and penalties
138(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
138(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
1990, c.61, s.45
Presumption respecting age of child
Repealed: 2023, c.36, s.13
2023, c.36, s.13
139Repealed: 2023, c.36, s.13
1987, c.4, s.6; 1997, c.2, s.24; 2023, c.36, s.13
Certificate of Minister as evidence
140In the prosecution of any person for an offence under this Act, or in any other proceeding under this Act, a certificate signed by the Minister or bearing a signature purporting to be that of the Minister, stating
(a) that a person at any specified time did or did not have a licence or approval required under this Act or the regulations with respect to any matter for which a licence or approval is required,
(b) that the Minister at any specified time had or had not given or been given notice with respect to any matter under this Act or the regulations,
(c) that a person at a specified time refused to permit the Minister to conduct an investigation under this Act, or obstructed or interfered with an investigation conducted by the Minister under this Act, or
(d) that at a specified time a directive or order was issued under this Act to a person and that as of a specified time the person to whom the directive or order was issued failed to comply with the directive or order,
may be adduced in evidence without proof of the signature or appointment of the Minister and, when so adduced, is, in the absence of evidence to the contrary, proof of the facts stated therein, and where the person named in the certificate has the same name as the accused, that the person named in the certificate is the accused.
1981, c.10, s.10; 2016, c.37, s.66; 2019, c.2, s.54
Report, certificate or other document signed by Minister as evidence
141Any report, certificate or other document signed by the Minister or his delegate or purporting to be signed by the Minister or his delegate may be adduced in evidence in any court and shall be received as prima facie proof of the facts stated therein without proof of the appointment, signature or authority of the Minister or his delegate.
2016, c.37, s.66; 2019, c.2, s.54
Computation of time under the Act
141.1(1)Where the time limited for the doing of anything under the provisions of this Act expires or falls upon a holiday, the time so limited shall extend to, and the act or thing may be done on, the day first following that is not a holiday.
141.1(2)Where a period of time dating from a specified day, act, or event is prescribed or allowed for any purpose under this Act, the time shall be reckoned exclusively of such day or of the day of such act or event.
141.1(3)Where a period of time of less than seven days is prescribed under this Act, holidays shall not be counted.
1990, c.25, s.17; 1992, c.57, s.2
Service of documents
142Any notice, order or other document required to be served under this Act may be served personally or sent by registered mail to the person at the address at which he resides, or may be served in any other manner prescribed by regulation or by the Rules of Court, and when sent by registered mail shall be deemed to have been received by the person not later than the fifth day after the day of mailing.
1981, c.10, s.11; 1985, c.4, s.24; 1997, c.2, s.25
Levy
142.01(1)In this section
“cost of the social services” includes the cost of future social services.(coût des services sociaux)
142.01(2)The Minister may, in accordance with the Insurance Act, impose a levy for the purpose of recovering the cost of the social services provided to persons under Parts I, II and III of this Act as a result of personal injuries arising out of the use or operation of a motor vehicle registered in the Province.
1992, c.80, s.1; 1997, c.2, s.26; 2016, c.37, s.66; 2019, c.2, s.54
Reimbursement for costs of social services
142.1(1)In this section
“cost of the social services” includes the cost of future social services;(coût des services sociaux)
“social services” means the social services provided under Parts I, II and III.(services sociaux)
142.1(2)Where, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives social services, he
(a) shall have the same right to claim and to recover the cost of the social services against the person who was negligent or who did the wrongful act as he would have had if he, himself, had been required to pay for the social services, and
(b) if he makes any claim for the personal injuries suffered against the person who was negligent or who did the wrongful act, shall claim and seek to recover the cost of the social services.
142.1(3)Where under subsection (2), a person either acting for himself or on behalf of another person, recovers a sum in respect of the social services received, he shall as soon as practicable pay such sum recovered to the Minister.
142.1(4)Where, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives social services and he does not claim against the person who was negligent or who did the wrongful act, the Crown in right of the Province may maintain an action in the name of the Crown or in the name of the injured person for recovery of the cost of the social services.
142.1(5)Where, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives social services and a claim is made against the person who was negligent or who did the wrongful act but the person making the claim, either acting on his own behalf or on behalf of another person, does not
(a) claim for the cost of the social services,
(b) if a release is given or the claim is settled, obtain a written approval of the release or settlement in accordance with subsection (10) or (11), or
(c) pay any sum recovered in respect of the social services to the Minister in accordance with subsection (3),
the Crown in right of the Province may maintain an action in the name of the Crown against the person making the claim, whether acting on his own behalf or on behalf of another person, for recovery of the cost of the social services.
142.1(6)It shall not be a defence to an action brought by the Crown under subsection (5) that a release has been given, a claim has been settled or a judgment obtained unless
(a) the claim included a claim for the cost of the social services, and
(b) if a release is given or the claim is settled, the Minister has under subsection (10) or (11) approved the release or settlement.
142.1(7)Where the Minister approves in writing a release or settlement under subsection (11), the Crown in right of the Province may continue the action or maintain an action in the name of the Crown for recovery of the cost of the social services.
142.1(8)Subject to subsection (11), where, as a result of a claim under this section
(a) the claim is settled or a judgment is obtained, and
(b) insufficient funds are available to provide complete recovery to the injured person for his losses and injuries and to pay the cost of social services,
the injured person and the Crown in right of the Province shall share pro rata in proportion to their respective losses in any recovery in accordance with the terms and conditions prescribed by regulation.
142.1(9)No person, acting for himself or on behalf of another person, shall, without the approval in writing under subsection (10) or (11) of the Minister make a settlement of a claim based upon a cause of action for damages for personal injuries in a case where the injured person has received social services unless at the same time he makes a settlement to recover the same pro rata proportion in respect of the cost of the social services as the injured person is to recover in respect of his losses and injuries.
142.1(10)No release or settlement of a claim or judgment based upon a cause of action for damages for personal injuries in a case where the injured person has received social services is binding upon the Crown unless the Minister has approved the release or settlement in writing.
142.1(11)Notwithstanding subsection (10), where a person who makes a claim under subsection (2) has obtained an offer for a settlement whereby the same pro rata proportion of the cost of social services would be recovered as the injured person would recover in respect of his losses and injuries but, in the opinion of the Minister, the offer would not provide sufficient recovery in respect of the social services, the Minister may approve in writing a release or settlement whereby the person making a claim under subsection (2) makes a settlement of a claim in respect of his injuries or losses without making a settlement in respect of the cost of the social services but the written approval is not binding on the Crown in relation to a claim made under subsection (7) in respect of the cost of the social services.
142.1(12)Where a person whose negligent or wrongful act resulted in personal injuries to another is insured by a liability insurer carrying on business in the Province and a claim made in respect of those personal injuries does not include a claim for the cost of the social services received by the injured person, the liability insurer shall pay to the Minister the cost of the social services and payment of that amount to the Minister discharges the liability to the insurer to pay the cost of the social services in any subsequent claim to the insured person or any person claiming under or on behalf of the insured person.
142.1(13)Every liability insurer carrying on business in the Province shall provide the Minister, when requested to do so, information relating to
(a) a claim made against an insured person by a person who received social services, or
(b) the terms and conditions of any settlement entered into by an insured person and a person who received social services.
142.1(14)Notwithstanding section 141, in an action under this section a certificate signed or purporting to be signed by or on behalf of the Minister shall be accepted by all courts
(a) as conclusive proof
(i) that the person named in the certificate has received social services,
(ii) that the amount recorded in the certificate is the cost of the social services received by the person named in the certificate, and
(iii) of the office, authority and signature of the person signing or purporting to sign the certificate, without proof of his appointment, authority or signature, and
(b) as prima facie proof that the social services were received in respect of the personal injuries suffered.
142.1(15)This section applies except where the personal injuries occurred as a result of the use or operation of a motor vehicle registered in the Province.
1988, c.13, s.7; 1992, c.80, s.2; 2016, c.37, s.66; 2019, c.2, s.54; 2023, c.17, s.87
Authorization for payment of lawyer’s fees in relation to a claim under section 142.1
142.2Notwithstanding any other provision of this Act, the Minister may, in accordance with the regulations, authorize the payment of a fee to a barrister and solicitor who makes a claim on behalf of an injured person and recovers a sum in respect of the cost of social services in accordance with section 142.1.
1988, c.13, s.7; 2016, c.37, s.66; 2019, c.2, s.54
Regulations
143The Lieutenant-Governor in Council may make regulations
(a) respecting the records, forms, returns and reports to be made and kept in connection with carrying out the Minister’s responsibilities;
(b) respecting the terms and conditions of any agreement or contract made under this Act;
(c) prescribing groups of persons, according to age or need, eligible to receive social services under this Act;
(c.1) respecting checks with the Department, criminal record checks and vulnerable sector checks, including when a check is required and the conditions that must be met before a check is conducted;
(d) Repealed: 2023, c.36, s.13
(d.01) prescribing classes of persons for the purposes of subsection 3.1(1);
(d.02) prescribing offences for the purposes of paragraph 3.1(1)(e);
(d.1) Repealed: 2023, c.36, s.13
(d.2) Repealed: 2023, c.36, s.13
(d.3) Repealed: 2023, c.36, s.13
(d.4) Repealed: 2023, c.36, s.13
(d.5) Repealed: 2023, c.36, s.13
(e) prescribing groups for the purpose of section 34;
(f) respecting conditions of eligibility to receive social services under this Act;
(g) prescribing procedures under which eligibility for social services under this Act may be determined;
(h) prescribing rates and restrictions with respect to any expenditure of money or other resources by the Minister under the Minister’s authority to provide support or any other social service under this Act;
(i) Repealed: 2023, c.36, s.13
(j) respecting the delegation of authority by the Minister under paragraph 3(1)(b) and the rights and responsibilities of any person exercising such authority;
(k) defining any service referred to within the definition of “community social services” and prescribing services to be community social services;
(l) Repealed: 2023, c.36, s.13
(m) Repealed: 2023, c.36, s.13
(n) respecting procedures and safeguards in relation to confidential information;
(o) Repealed: 1994, c.8, s.13
(p) respecting the provision of social services;
(p.1) prescribing the terms and conditions under which the Crown and a person who has suffered personal injuries as a result of the negligence or wrongful act of another shall share the proceeds of any recovery under subsection 142.1(8);
(p.2) respecting the payment of a fee to a barrister and solicitor who makes a claim on behalf of an injured person and recovers a sum in respect of the cost of social services in accordance with section 142.1;
(q) respecting the establishment and operation of social service programs;
(r) respecting the establishment and operation of community social service agencies;
(s) respecting staff requirements and qualifications for community social service agencies;
(t) respecting standards for social service programs and community social service agencies;
(u) respecting the approval of a department, agency or person from which the Minister may purchase a social service under section 19;
(v) respecting the provision of resources for the establishment and operation of social service programs and community social service agencies;
(w) respecting the provision of resources for the establishment and operation of community placement resources;
(x) respecting the establishment and operation of community placement resources;
(y) respecting staff requirements and qualifications for a community placement resource;
(z) respecting the approval of community placement resources;
(aa) respecting criteria and standards for programs, facilities and services within community placement resources;
(bb) respecting the provision of resources to community placement resources;
(cc) establishing and appointing Boards of Directors for community placement resources and prescribing their duties and functions;
(dd) respecting the admission to and the discharge from community placement resources;
(ee) respecting the responsibilities of the Minister regarding adults under the supervision of the Minister;
(ff) Repealed: 2023, c.36, s.13
(gg) Repealed: 2023, c.36, s.13
(gg.1) Repealed: 2023, c.36, s.13
(hh) respecting charges that may be imposed by the Minister with respect to the provision of social services or other services under this Act;
(hh.1) Repealed: 2023, c.36, s.13
(hh.2) Repealed: 2023, c.36, s.13
(ii) Repealed: 2023, c.36, s.13
(jj) Repealed: 2017, c.14, s.2
(kk) Repealed: 2017, c.14, s.2
(ll) Repealed: 2023, c.36, s.13
(mm) Repealed: 2017, c.14, s.2
(mm.1) Repealed: 2023, c.36, s.13
(nn) governing blood tests or other tests for which leave is given by a court under section 110 including, without limiting the generality of the foregoing,
(i) prescribing methods and procedures for taking samples and the handling, transportation and storage thereof;
(ii) prescribing the conditions under which a sample may be tested;
(iii) designating persons or facilities or classes thereof who are authorized to conduct tests;
(iv) prescribing procedures respecting the admission of reports of tests in evidence;
(nn.1) Repealed: 2023, c.36, s.13
(oo) Repealed: 2023, c.36, s.13
(oo.1) Repealed: 2023, c.36, s.13
(oo.2) Repealed: 2023, c.36, s.13
(oo.3) Repealed: 2023, c.36, s.13
(oo.4) Repealed: 2023, c.36, s.13
(oo.5) Repealed: 2023, c.36, s.13
(oo.6) Repealed: 2023, c.36, s.13
(oo.7) Repealed: 2023, c.36, s.13
(pp) Repealed: 2005, c.S-15.5, s.56
(pp.1) Repealed: 2005, c.S-15.5, s.56
(pp.2) Repealed: 2005, c.S-15.5, s.56
(pp.3) Repealed: 2005, c.S-15.5, s.56
(pp.4) Repealed: 2005, c.S-15.5, s.56
(pp.5) Repealed: 2005, c.S-15.5, s.56
(pp.6) Repealed: 2005, c.S-15.5, s.56
(pp.7) Repealed: 2005, c.S-15.5, s.56
(pp.8) Repealed: 2005, c.S-15.5, s.56
(qq) Repealed: 2023, c.36, s.13
(rr) respecting rules of procedure for any application or appeal under this Act;
(rr.1) Repealed: 2005, c.S-15.5, s.56
(rr.2) Repealed: 2005, c.S-15.5, s.56
(rr.3) Repealed: 2005, c.S-15.5, s.56
(rr.4) Repealed: 2005, c.S-15.5, s.56
(rr.5) Repealed: 2005, c.S-15.5, s.56
(rr.6) Repealed: 2005, c.S-15.5, s.56
(ss) prescribing fees for any social service or other service provided under this Act, for any licence or permit, or for any other purpose of this Act;
(tt) prescribing forms for the purposes of this Act and providing for their use;
(tt.1) defining any word or phrase used but not defined in this Act;
(tt.2) adopting, in whole or in part, with such modifications as the Lieutenant-Governor in Council considers necessary, any regulation, guideline, rule, code, standard or procedure;
(uu) generally for the better administration of this Act.
1981, c.10, s.12; 1983, c.16, s.10; 1988, c.13, s.8; 1990, c.25, s.18; 1991, c.25, s.3; 1991, c.60, s.9; 1992, c.20, s.4; 1993, c.18, s.2; 1994, c.8, s.13; 1997, c.59, s.7; 2000, c.44, s.6; 2005, c.S-15.5, s.56; 2007, c.20, s.28; 2008, c.19, s.6; 2010, c.8, s.13; 2016, c.37, s.66; 2017, c.14, s.2; 2019, c.2, s.54; 2019, c.17, s.20; 2023, c.17, s.87; 2023, c.36, s.13
ADOPTION ACT
Consequential amendments
144(1)The Adoption Act, chapter A-3 of the Revised Statutes of New Brunswick, 1973, is repealed.
144(2)Upon the coming into force of subsection (1), a child who is the subject of an order under subsection 6(5) of the Adoption Act shall be deemed to be a child in care under a guardianship order made pursuant to section 56.
144(3)Where an interim order has been made under the Adoption Act before the coming into force of subsection (1), the provisions of that Act with respect to the issue of an adoption order and any matter relating thereto apply as if that Act has not been repealed.
144(4)A consent in writing given in conformity to the Adoption Act before the coming into force of subsection (1) shall be deemed to be an adoption consent under this Act.
CHILDREN OF UNMARRIED PARENTS ACT
Consequential amendments
145The Children of Unmarried Parents Act, chapter C-3 of the Revised Statutes, 1973, is repealed.
CHILD WELFARE ACT
Consequential amendments
146(1)The Child Welfare Act, chapter C-4 of the Revised Statutes, 1973, is repealed.
146(2)Upon the coming into force of subsection (1), a child who is the subject of an order under paragraph 11(1)(a) of the Child Welfare Act shall be deemed to be a child in care under a supervisory order made pursuant to section 54.
146(3)Upon the coming into force of subsection (1), a child who is the subject of an order under paragraph 11(1)(b) of the Child Welfare Act shall be deemed to be a child in care under a custody order made pursuant to section 55.
146(4)Upon the coming into force of subsection (1), a child who is the subject of an order under paragraph 11(1)(d) of the Child Welfare Act shall be deemed to be a child in care subject to an order made pursuant to section 55 and section 57(1).
146(5)Any child under the Child Welfare Act not referred to in subsection (2), (3), (4), (6) or (8) shall be deemed to be a child in care under a custody order made pursuant to section 55.
146(6)Upon the coming into force of subsection (1), a child who is the subject of an agreement under subsection 16(1) of the Child Welfare Act shall be deemed to be a child in care subject to a custody agreement made pursuant to paragraph 44(1)(a).
146(7)Notwithstanding the Interpretation Act, any right to apply for a review, variation or termination as provided in the Child Welfare Act with respect to any child referred to in subsections (2) to (6) shall cease to exist thirty days after the coming into force of subsection (1).
146(8)Upon the coming into force of subsection (1), a child who is the subject of an order under the Children’s Protection Act, or paragraph 11(1)(c) or subsection 12(1) of the Child Welfare Act shall be deemed to be a child in care under a guardianship order made pursuant to section 56.
146(9)Notwithstanding the Interpretation Act, any right to apply for a review, variation or termination as provided in the Child Welfare Act with respect to any child referred to in subsection (8) shall cease to exist
(a) where notice has been given to the parents of the child, thirty days after receipt of such notice; or
(b) in any other case, one year after the coming into force of subsection (1).
1981, c.10, s.13
COMPENSATION FOR VICTIMS
OF CRIME ACT
Consequential amendments
147Section 1 of the Compensation for Victims of Crime Act, chapter C-14 of the Revised Statutes, 1973, is amended by repealing the definition “child” and substituting therefor the following:
“child” includes a stepchild, a child en ventre sa mere and a child with respect to whom a victim stands in loco parentis;(enfant)
DAY CARE ACT
Consequential amendments
148(1)The Day Care Act, chapter D-4.1 of the Acts of New Brunswick, 1974, is repealed.
148(2)Subsection (1) comes into force one year after the coming into force of Part II.
DESERTED WIVES AND CHILDREN
MAINTENANCE ACT
Consequential amendments
149The Deserted Wives and Children Maintenance Act, chapter D-8 of the Revised Statutes, 1973, is repealed.
DEVOLUTION OF ESTATES ACT
Consequential amendments
150Sections 34 and 35 of the Devolution of Estates Act, chapter D-9 of the Revised Statutes, 1973, are repealed.
EVIDENCE ACT
Consequential amendments
151The Evidence Act, chapter E-11 of the Revised Statutes, 1973, is amended by adding immediately after section 3 thereof the following section:
3.1Without limiting the generality of subsection 3(1), a husband or wife may, in an action, matter or other proceeding in any court, give evidence that he or she did or did not have sexual intercourse with the other party to the marriage at any time, or within any period of time, before or during the marriage.
EXTRA-PROVINCIAL CUSTODY ORDERS
ENFORCEMENT ACT
Consequential amendments
152The Extra-Provincial Custody Orders Enforcement Act, chapter E-15 of the Acts of New Brunswick, 1977, is repealed.
FATAL ACCIDENTS ACT
Consequential amendments
153Section 1 of the Fatal Accidents Act, chapter F-7 of the Revised Statutes, 1973, is amended by repealing the definition “child” and substituting therefor the following:
“child” includes a son, daughter, grandson, granddaughter, step-son, step-daughter, an adopted child and a person to whom the deceased stood in loco parentis;(enfant)
HOSPITAL SCHOOLS ACT
Consequential amendments
154The Hospital Schools Act, chapter H-8 of the Revised Statutes, 1973, is repealed.
INTERPRETATION ACT
Consequential amendments
155Section 38 of the Interpretation Act, chapter I-13 of the Revised Statutes, 1973, is amended by repealing the definition “issue” and substituting therefor the following:
“issue” means the lineal descendants of the ancestor;(descendance)
LEGITIMATION ACT
Consequential amendments
156The Legitimation Act, chapter L-4 of the Revised Statutes, 1973, is repealed.
MARRIAGE ACT
Consequential amendments
157Section 30 of the Marriage Act, chapter M-3 of the Revised Statutes, 1973, is repealed.
MENTALLY RETARDED CHILDREN ACT
Consequential amendments
158The Mentally Retarded Children Act, chapter M-11 of the Revised Statutes, 1973, is repealed.
PARENTS’ MAINTENANCE ACT
Consequential amendments
159The Parents’ Maintenance Act, chapter P-1 of the Revised Statutes, 1973, is repealed.
SCHOOLS ACT
Consequential amendments
160Section 66 of the Schools Act, chapter S-5 of the Revised Statutes, 1973, is repealed and the following substituted therefor:
66A child whose parent is unable to induce him to attend school regularly is deemed to be a juvenile delinquent or a child whose security or development is in danger.
SPECIAL CARE HOMES ACT
Consequential amendments
161(1)The Special Care Homes Act, chapter S-12.1 of the Acts of New Brunswick, 1975, is repealed.
161(2)Subsection (1) comes into force one year after the coming into force of Part II.
WORKMEN’S COMPENSATION ACT
Consequential amendments
162Section 1 of the Workmen’s Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended by repealing the definition “member of the family” and substituting therefor the following:
“member of the family” , for the purpose of paying compensation to a dependent, includes wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother and half-sister, and a person who stood in loco parentis whether related to the workman by consanguinity or not so related;(membre de la famille)
MIRAMICHI AUXILIARY HOME ACT
Consequential amendments
163The Miramichi Auxiliary Home Act, chapter 6 of the Acts of New Brunswick, 1970, is repealed.
Commencement
164This Act or any provision thereof comes into force on a day to be fixed by proclamation.
SCHEDULE A
Column I
Section
Column II
Category of Offence
  
  11(7)..............
F
  12..............
F
  22(5)..............
E
  26(3)..............
E
  27(5)..............
E
  39(3)..............
H
1990, c.61, s.45; 1991, c.60, s.10; 1992, c.20, s.5; 1995, c.43, s.8; 1999, c.32, s.9; 2005, c.S-15.5, s.56; 2007, c.20, s.29; 2017, c.14, s.2; 2020, c.24, s.3; 2023, c.36, s.13
N.B. This Act was proclaimed and came into force September 1, 1981.
N.B. This Act is consolidated to December 13, 2023.