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WHEREAS the family exists as the basic unit of society, and its well-being is inseparable from the common well-being; and

WHEREAS the rights of the child are enjoyed either of himself or of family; and

WHEREAS children have basic rights and fundamental freedoms no less than those of adults; a right to special safeguards and assistance in the preservation of those rights and freedoms and in the application of the principles stated in the Canadian Bill of Rights and elsewhere; and a right to be heard in the course of, and to participate in, the processes that lead to decisions that affect them and that they are capable of understanding; and

WHEREAS children are entitled, in every instance where they have rights or freedoms which may be affected by this Act, to be informed as to what those rights and freedoms are, where they are capable of understanding; and

WHEREAS it is recognized that the basic rights and fundamental freedoms of children and their families include a right to the least invasion of privacy and interference with freedom that is compatible with their own interests and those of their families and of society; and

WHEREAS it is accepted that parents have responsibility for the care and supervision of their children and that children should only be removed from parental supervision in accordance with the provisions of this Act; and

WHEREAS the best interests and safety of the child must always prevail when there is a conflict between risk to the child and the preservation of the family unit; and

WHEREAS it is recognized that social services provided to children should respect and preserve a child’s need for continuity of care within their kinship network, that a child’s best interests should be included in the assessment, planning and decision-making process surrounding the permanent plans for the child and that any procedural delay should be avoided as much as possible; and

WHEREAS it is acknowledged that when it is necessary to remove children from the care and supervision of their parents they should be provided for, as nearly as possible, as if they were under the care and protection of wise and conscientious parents; and

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 children, 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, a staff member, a care provider, a foster parent, a kinship caregiver and a person receiving services in a community placement resource or receiving Alternative Family Living Arrangement services, who(personne associée)

(a) resides in a community placement resource,

(b) resides in a home where kinship services or Alternative Family Living Arrangement services are provided, or

(c) has frequent contact with a person residing in a community placement resource or a child receiving kinship services by virtue of the adult’s relationship with the operator, staff member, care provider, foster parent or kinship caregiver;

“best interests of the child” means the best interests of the child under the circumstances taking into consideration(intérêt supérieur de l’enfant)

(a) the mental, emotional and physical health of the child and his need for appropriate care or treatment, or both;

(b) the views and preferences of the child, where such views and preferences can be reasonably ascertained;

(c) the effect upon the child of any disruption of the child’s sense of continuity;

(d) the love, affection and ties that exist between the child and each person to whom the child’s custody is entrusted, each person to whom access to the child is granted and, where appropriate, each sibling of the child and, where appropriate, each grandparent of the child;

(e) the merits of any plan proposed by the Minister under which he would be caring for the child, in comparison with the merits of the child returning to or remaining with his parents;

(f) the need to provide a secure environment that would permit the child to become a useful and productive member of society through the achievement of his full potential according to his individual capacity; and

(g) the child’s cultural and religious heritage;

“child” means a person actually or apparently under the age of majority, unless otherwise specified or prescribed in this Act or the regulations, and includes(enfant)

(a) an unborn child,

(b) a stillborn child,

(c) a child whose parents are not married to one another,

(d) a child to whom a person stands in the place of a parent, if that person’s spouse is a parent of the child, and

(e) when used in reference to the relationship between an adopted person and the person adopting or the relationship between a person and their birth mother or birth father, a person who has attained the age of majority;

“child in care” means any child within an age group prescribed by regulation who has been placed under protective care or any child who is in the care of the Minister under the terms of(enfant pris en charge)

(a) a custody agreement;

(b) a guardianship agreement;

(c) a custody order;

(d) a guardianship order; or

(e) a supervisory order;

(f) Repealed: 1996, c.75, s.1

“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, children 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 children and 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) birth parent services;

(l) children’s services;

(m) adoption services;

(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 children and adults;

(t.1) kinship services;

(t.2) Alternative Family Living Arrangement services;

(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 Queen’s Bench of New Brunswick, except where otherwise provided, and includes any judge thereof;(cour)

“custody agreement” means any agreement with respect to the custody, care or control of a child, and includes a custody agreement as defined in Part IV;(entente de garde)

“custody order” means the order of any court with respect to the custody, care or control of a child, and includes a custody order as defined in Part IV;(ordonnance de garde)

“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” means an adult who as part of his family, cares for a child on behalf of the Minister;(parent nourricier)

“guardian” means(tuteur)

(a) a guardian appointed under the Guardianship of Children Act or under a court order, and includes a person having comparable status and authority under the laws of another province or state, but does not include a person appointed solely as a guardian of the estate of the child; or

(b) the Minister under a guardianship agreement or a guardianship order, and includes a person or agency having comparable status and authority under the laws of another province or state;

“guardianship agreement” means a guardianship agreement as defined in Part IV;(entente de tutelle)

“guardianship order” means any order of a court appointing a person as a guardian, and includes a guardianship order as defined in Part IV;(ordonnance de tutelle)

“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” means extended family members, relatives or other significant persons who have an attachment to a child or are known to a child, but does not include a parent, and “kinship” has the corresponding meaning;(parenté)

“kinship caregiver” means an adult who is kin to a child and who cares for a child as part of his or her family;(parent-substitut)

“Minister” means the Minister of Social Development;(ministre)

“Minister” Repealed: 2016, c.37, s.66

“parent” means a mother or father and includes(parent)

(a) a guardian; and

(b) for purposes of Parts 3 and 4, a person with whom the child ordinarily resides who has demonstrated a settled intention to treat the child as a child of his or her family;

but does not include

(c) a foster parent;

(c.1) a prospective adopting parent with whom the Minister has entered into an agreement under the authority of section 70.1;

(d) a natural parent or adopting parent whose rights with respect to the guardianship of the child have been terminated by a guardianship agreement or a guardianship order under Part IV or who has been deprived of the status of guardian under subsection 3(1) of the Guardianship of Children Act; or

(e) the natural father of the child who is not married to the mother of the child unless he has signed the birth registration form under section 9 of the Vital Statistics Act or he has filed, with the mother, a statutory declaration under section 105, or he has been named the father of the child in a declaratory order made under Part VI or he is a parent within the meaning of paragraph (b);

“place” means to transfer the care of a child, whether in law or in fact, from one person to another, and includes any act of solicitation or negotiation that, on any reasonable view of the circumstances, can be construed as contributing to the transfer of the care of the child, whether in law or in fact, from one person to another; and “placing” and “placement” have corresponding meanings;(placer)

“prescribed form” means a form prescribed by regulation;(forme prescrite)

“protective care” means a service which provides an immediate safeguard for(régime de protection)

(a) a child’s security and development, or

(b) the security of a person whom the Minister has reason to believe is a neglected adult or an abused adult;

“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

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) and sections 67, 71, 74 and 75;

(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, including making recompense, for any damage, loss or injury caused by a child in care.

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

Determination of suitability

2019, c.17, s.2

3.1(1)The Minister may determine that an operator, a staff member or 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) he or she is the subject of a court order made under this Act in relation to a danger to the security or development of a child as described in paragraphs 31(1)(a) to (g);

(b) the Minister has made a finding that he or she has endangered the security or development of a child under section 31.01;

(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

Minister as legal representative and trustee

4(1)The Minister shall act as the legal representative of any child of whom he is the guardian under this Act, and may act as the legal representative of any other child in care.

4(2)The Minister shall act as trustee for, and shall manage or control any money or property received on behalf of, a child in care.

4(3)Where the Minister receives money or property under subsection (2), the Minister is accountable as prescribed by regulation.

2016, c.37, s.66; 2019, c.2, s.54

Delegation of trustee powers and duties to Public Trustee

4.1(1)In this section

“Public Trustee” means the Public Trustee appointed under the Public Trustee Act.(curateur public)

4.1(2)The Minister may, in relation to a child in care, delegate the duties of the Minister under subsection 4(2) to the Public Trustee.

4.1(3)Where the Public Trustee is acting under a delegation under subsection (2), the Public Trustee has, subject to the provisions of the Public Trustee Act, the powers and duties of a trustee under the Trustees Act.

2005, c.P-26.5, s.24; 2016, c.37, s.66; 2019, c.2, s.54

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 children or adults under this Act.

2016, c.37, s.66; 2019, c.2, s.54

Consideration of wishes of child

6(1)In the exercise of any authority under this Act given to any person to make a decision that affects a child, the child’s wishes, where they can be expressed and where the child is capable of understanding the nature of any choices that may be available to him, shall be given consideration in determining his interests and concerns, and the interests and concerns of the child shall be given consideration as distinct interests and concerns, separate from those of any other person.

6(2)Where the wishes of a child have not been or cannot be expressed or the child is incapable of understanding the nature of the choices that may be available to him, the Minister shall make every effort to identify the child’s interests and concerns and shall give consideration to them as distinct interests and concerns separate from those of any other person.

6(3)A person who is authorized under this Act to make a decision that affects a child may, in order to comply with subsection (1), consult directly with the child, in which case he shall do so in camera unless he determines that to do so would not be in the best interests of the child; and in consulting with the child in camera the person may exclude any person, including any party to a proceeding and his counsel, from participating in or observing the consultation.

6(4)In any matter or proceeding under this Act affecting a child, whether before a court or any person having authority to make a decision that affects a child, the child has the right to be heard either on his own behalf or through his parent or another responsible spokesman.

6(5)In any proceeding under this Act the court may waive any requirement that the child appear before the court where it is of the opinion that it would be in the best interests of the child to do so and the court is satisfied that the interests and concerns of the child with respect to the matter before the court will not be thereby prejudiced.

2016, c.37, s.66; 2019, c.2, s.54

Role of Minister in custody proceedings

7In any proceeding with respect to the custody of a child, whether under this or any other Act, the court shall,

(a) if the Minister is not a party to the proceeding, advise the Minister of the proceeding, in which case the Minister may intervene in the proceeding and may take whatever steps he considers necessary to ensure that the interests and concerns of the child are properly represented separate from those of any other person, including the appointment of counsel or a responsible spokesman to assist in the representation of the interests and concerns of the child, and

(b) where the Minister is a party to the proceeding and the court is of the opinion that the interests and concerns of the child should be represented by counsel or by a responsible spokesman, advise the Attorney-General that in his opinion counsel or a responsible spokesman should be made available to assist in the representation of the child’s interests and concerns.

2016, c.37, s.66; 2019, c.2, s.54

Appointment of counsel

7.1(1)The court shall consider the following in order to determine whether counsel should be made available under paragraph 7(b):

(a) whether the child is 12 years of age or older;

(b) whether the child’s wishes, where they can be expressed and where the child is capable of understanding the nature of any choices that may be available to him or her, have been given consideration in determining his or her interests and concerns;

(c) whether the Minister has been able to identify the child’s interests and concerns;

(d) whether the interests and concerns of the child and those of the Minister differ;

(e) whether counsel is better able to identify the child’s interests and concerns; and

(f) any other factors the court considers relevant.

7.1(2)Upon advising the Attorney General that counsel should be made available under paragraph 7(b), the court shall provide the reasons justifying the decision.

2010, c.14, s.1; 2016, c.37, s.66; 2019, c.2, s.54

Court may order examination or evaluation

8In any proceeding under this Act that affects a child, the court may, where it determines that it would be in the best interests of the child to do so, require that the child, a parent or any other person living with the child or in such a close relationship with the child as to be in a position to influence the nature of the care and control exercised with respect to the child, undergo a psychiatric, psychological, social, physical or any other examination or evaluation specified by the court, prior to or during the hearing, and in the event of the refusal or failure by any person to participate in an examination or evaluation, or to consent to the examination or evaluation of a child under his care, the court may draw such inferences as appear to the court to be warranted under the circumstances.

Parties to pay cost of examination or evaluation

8.1Where the court orders an examination or evaluation under section 8, the parties to the proceeding shall pay for the cost of the examination or evaluation in equal portions, unless the court directs that one party pay the cost in total or that the parties pay the cost in unequal portions as specified by the court.

1997, c.2, s.2

Admissibility of evidence taken on previous proceeding

9In considering any application brought under this Act, the court, upon notice to the parties, may allow to be read into the record as evidence, or, upon notice of the nature of the evidence, may take into consideration without reading into the record, any evidence taken on any previous proceeding, if that evidence is informative in any way as to the psychical, psychological, social or physical development of the child, his parent or any other person living with the child or in such a close relationship with the child as to be in a position to influence the nature of the care and control exercised with respect to the child, and if it is relevant to any matter under consideration by the court.

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)No person shall, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child who is or has been the subject of the proceeding or the name of the parent of any child in relation to such proceeding, or in any other way identify the child or his or her parent.

10(3)Notwithstanding subsection (2), a person may, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child or his or her parent or identify a child or his or her parent in another way if the person has first obtained leave of the court.

10(4)For the purposes of subsections (2) and (3), a person contributes to the publication of the name of a child or his or her parent if the person writes, edits or approves an article for the purpose of publication that contains the name of the child or his or her parent.

2000, c.18, s.1

Confidentiality of information

11(0.1)This section does not apply to Part V.I.

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) to a person or persons appointed by the Minister

(i) to review the circumstances surrounding the death of a child under the age of majority who was in the care of the Minister under Part IV or who was known to the child protection system in the 12 months before the child’s death, and

(ii) to make recommendations to the Minister as a result of that review to enable the Minister to improve the manner in which the Minister exercises his or her powers, duties, authority or functions under this Act and the regulations under this Act in relation to children who are in the care of the Minister under Part IV or who are known to the child protection system,

(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)A person to whom information is released under paragraph (3)(b) 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(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 (4), (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

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 child or 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

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

11.1(1)The Minister may, in the circumstances prescribed in subsection (3), request any person prescribed in subsection (4) to furnish information to the Minister and to produce any document or record that relates to a child identified by the Minister or to that child’s parents or siblings or to a person identified by the Minister as being significant in the life of the child.

11.1(2)A person to whom the request is made under subsection (1) shall furnish the information or produce the document or record.

11.1(3)The circumstances are as follows:

(a) the Minister is providing social services for the child or the child’s family or the Minister is acting under Part III or IV of the Act with respect to the child;

(b) the Minister has requested and has been unable to secure the consent of any parent of the child or the person identified as being significant in the life of the child, as the case may be, to release the information, document or record; and

(c) the Minister believes, on reasonable and probable grounds, that the information, document or record is relevant for the purposes of providing the social services or acting under Part III or IV of the Act.

11.1(4)The following persons are prescribed:

(a) persons employed within the civil service, including those employed on a part-time, temporary or casual basis;

(b) a regional health authority as defined in the Regional Health Authorities Act;

(c) persons employed by a regional health authority, including those employed on a part-time, temporary or casual basis.

11.1(5)The Minister may make a copy of any document or record provided to the Minister under this section.

11.1(6)No action or other proceeding lies, in relation to the giving of information or production of a document or record under this section, against a person who in good faith complies with this section.

11.1(7)In this section, “civil service” has the same meaning as in the Civil Service Act.

1999, c.32, s.4; 2002, c.1, s.6; 2016, c.37, s.66; 2019, c.2, s.54

Request under section 11.1

11.2No provision of this or of any other Act or of any regulation, bylaw, code of ethics or contract requiring a person to maintain secrecy in relation to any matter, or not to disclose information relating to any matter, shall apply in respect of a request by the Minister under section 11.1, and no person who is required to furnish any information or to produce any document or record under section 11.1 shall refuse to furnish the information or produce the document or record on the ground of such a provision.

1999, c.32, s.4; 2016, c.37, s.66; 2019, c.2, s.54

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

13When the Minister considers it to be in the best interests of the child, the Minister may prohibit in writing any person from visiting, writing to, telephoning or otherwise communicating with a child in care, his or her parent, foster parent or kinship caregiver, and any person who violates a prohibition executed under this section, having been given notice of the prohibition, or who otherwise in any way interferes with a child in care without the consent of the Minister, commits an offence.

2016, c.37, s.66; 2019, c.2, s.54; 2019, c.17, s.4

Consent or agreement of minor

13.1A person’s consent or revocation of a consent or participation in or termination of an agreement under this Act is not invalid by reason only that the person is less than nineteen years of age.

2000, c.18, s.2

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;

(b) under a custody agreement between a parent and the Minister; or

(c) where a child or 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

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 Queen’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 Her Majesty 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

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 children or adults, and includes a foster home, a kinship placement, a child-specific placement, a group home, a treatment centre, a community residence, an institution for the care of children or 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

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 Queen’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 Her Majesty 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

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

29.2In this Part, a child who has reached 16 years of age, unless the child is a disabled person, may refuse any protection service established in this Part or by virtue of any regulation created under this Part, unless otherwise ordered by a court.

2010, c.8, s.5

Duty to report child abuse

30(1)Any person who has information causing him to suspect that a child has been abandoned, deserted, physically or emotionally neglected, physically or sexually ill-treated, including sexual exploitation through child pornography or otherwise abused shall inform the Minister of the situation without delay.

30(2)This section applies notwithstanding that the person has acquired the information through the discharge of his duties or within a confidential relationship, but nothing in this subsection abrogates any privilege that may exist because of the relationship between a solicitor and the solicitor’s client.

30(3)A professional person who acquires information in the discharge of the professional person’s responsibilities that reasonably ought to cause the professional person to suspect that a child has been abandoned, deserted, physically or emotionally neglected, physically or sexually ill-treated, including sexual exploitation through child pornography or otherwise abused but who does not inform the Minister of the situation without delay commits an offence.

30(3.1)Proceedings with respect to an offence under subsection (3) may be instituted at any time within six years after the time when the subject matter of the proceedings arose.

30(4)Where the Minister has reasonable grounds to suspect that a professional person has committed an offence under subsection (3), the Minister may, regardless of any action the Minister may take with respect to prosecution, require any professional society, association or other organization authorized under the laws of the Province to regulate the professional activities of the person to cause an investigation to be made into the matter.

30(5)No action lies, in relation to the giving of information under this section, against a person who in good faith complies therewith.

30(5.01)No action shall be commenced against a person in relation to the giving of information to the Minister under this section except with leave of the court.

30(5.02)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.

30(5.03)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 gave the information to the Minister did not give the information in good faith.

30(5.04)If leave is not granted, the court may order the applicant to pay all or any portion of the costs of the application.

30(5.05)An action against a person in relation to the giving of information to the Minister under this section is a nullity if the action is commenced without the leave of the court.

30(5.1)A person who wilfully gives false information under this section commits an offence.

30(6)Except in the course of judicial proceedings, no person shall reveal the identity of a person who has given information under this section without that person’s written consent.

30(7)Any person who violates subsection (6) commits an offence.

30(8)Upon completion of any investigation undertaken by the Minister as a result of any information provided by any person, the Minister may so advise the person who provided the information, and shall inform

(a) the parent;

(b) any person identified during the investigation as a person neglecting or ill-treating the child; and

(c) the child, if in the opinion of the Minister he is capable of understanding,

as to the findings and conclusions drawn by the Minister.

30(8.1)Notwithstanding subsection (8), the Minister shall not inform any person referred to in paragraphs (8)(a) to (c) of the findings and conclusion drawn by the Minister if

(a) in the opinion of the Minister, the giving of the information would have the effect of putting the child’s well-being at risk,

(b) in the opinion of the Minister, the giving of the information may impede any criminal investigation related to the neglect or ill-treatment of the child, or

(c) in the case of a person identified during an investigation as neglecting or ill-treating the child, the person has not been contacted as part of the Minister’s investigation.

30(9)Notwithstanding the Evidence Act, a spouse may be compelled to testify as a witness in the course of judicial proceedings brought against his or her spouse under this Act with respect to abuse or neglect of a child or an adult.

30(10)For the purposes of this section “professional person” means a physician, nurse, dentist or other health or mental health professional, an administrator of a hospital facility, a school principal, school teacher or other teaching professional, a social work administrator, social worker or other social service professional, a child care worker in any early learning and childcare facility or child caring institution, a police or law enforcement officer, a psychologist, a guidance counsellor, a person who provides mediation services pursuant to section 31.1 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 a child.

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

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

31(1)The security or development of a child may be in danger when

(a) the child is without adequate care, supervision or control;

(b) the child is living in unfit or improper circumstances;

(c) the child is in the care of a person who is unable or unwilling to provide adequate care, supervision or control of the child;

(d) the child is in the care of a person whose conduct endangers the life, health or emotional well-being of the child;

(e) the child is physically or sexually abused, physically or emotionally neglected, sexually exploited, including sexual exploitation through child pornography or in danger of such treatment;

(f) the child is living in a situation where there is domestic violence;

(g) the child is in the care of a person who neglects or refuses to provide or obtain proper medical, surgical or other remedial care or treatment necessary for the health or well-being of the child or refuses to permit such care or treatment to be supplied to the child;

(h) the child is beyond the control of the person caring for him;

(i) the child by his behaviour, condition, environment or association, is likely to injure himself or others;

(j) the child is in the care of a person who does not have a right to custody of the child, without the consent of a person having such right;

(k) the child is in the care of a person who neglects or refuses to ensure that the child attends school; or

(l) the child has committed an offence or, if the child is under the age of twelve years, has committed an act or omission that would constitute an offence for which the child could be convicted if the child were twelve years of age or older.

31(2)Where the Minister receives a report or information about any situation that causes him to suspect that the security or development of a child may be in danger, he shall intervene and shall take such steps as the Minister considers necessary to determine whether the security or development of the child is in danger.

31(2.1)The Minister shall advise the parent of a child in respect of whom an investigation is being conducted under this section of the steps to be taken, being taken or that have been taken by the Minister in relation to the investigation, giving reasons wherever possible, at such times as are practicable and where the Minister believes that to do so would not impede the investigation or place the security or development of the child in danger.

31(2.2)The Minister may make an ex parte application to a court for an order authorizing the Minister to conduct or to continue to conduct an investigation in relation to a child under this section where

(a) access to the child, or to any premises or area where the child is, is impeded or denied, or

(b) the Minister has reason to believe that access to the child, or to any premises or area where the child is, will be impeded or denied.

31(2.3)For the purposes of subsection (2.2), the court may grant an order authorizing the Minister to do all or any of the following in an investigation in relation to the child named in the order:

(a) to enter and to conduct in any specified premises or area, a physical examination of or an interview with the child, or both;

(b) to enter any specified premises or area and to remove the child from the premises or area, to a place to be determined by the Minister, for the purposes of having the child undergo a medical examination or so that an interview with the child may be conducted, or both;

(c) to enter and search any specified premises or area and to take possession of anything that the Minister has reasonable and probable grounds to believe is evidence that the security or development of the child is in danger; and

(d) to take any other steps on such terms and conditions as the court may order to determine whether the security or development of the child is in danger.

31(2.4)Notwithstanding subsections (2.2) and (2.3), the Minister may enter and search any premises or area where a child is, for the purpose of conducting or continuing to conduct an investigation under this section, without an order of the court and by force if necessary, where the Minister has reasonable and probable grounds to believe that the security or development of the child would be seriously and imminently in danger as a result of the time required to obtain an order of the court.

31(2.5)Where during an investigation conducted under this section, the Minister has reason to believe that the security or development of the child is in danger, the Minister may

(a) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected,

(b) where the parent of the child is unable or unwilling to enter into an agreement referred to in paragraph (a) or the Minister determines that the security or development of the child can not be adequately protected by an agreement of that nature, apply to the court under subsection 51(2) for an order regarding the child, or

(c) in the circumstances described in subsection 32(1), place the child under protective care.

31(2.6)Where during an investigation conducted under this section, access to any record or document relevant to the security or development of the child is denied to the Minister, the Minister may make an ex parte application to a court for an order requiring the production of the record or document.

31(2.7)No action lies against a person who in good faith provides information, records or documents to the Minister or who in good faith otherwise assists the Minister in an investigation under this section.

31(3)Any person who interferes with or harasses any person as a result of that person providing information or assistance to the Minister with respect to any situation that may endanger the security or development of a child commits an offence.

31(4)Any person who, having the care of a child under the age of twelve years, or a child who is physically, emotionally or intellectually disabled, leaves the child for an unreasonable length of time without making reasonable provision for the care, supervision and control of the child, commits an offence.

31(5)A peace officer may apprehend a child if the peace officer has reason to believe the child is

(a) a child described in subsection 30(1),

(b) a child described in paragraph (1)(i), or

(c) a runaway.

31(6)For the purposes of subsection (5), “runaway” means a child who is under 16 years of age and whose security or development is in danger as a result of the child’s withdrawing from the care and control of the parent or other person responsible for the care of the child.

31(7)A peace officer who apprehends a child under subsection (5) shall immediately notify the Minister, who

(a) shall

(i) in the circumstances described in subsection 32(1), place the child under protective care, or

(ii) return the child to the care of the parent or other person responsible for the care of the child or direct the peace officer to do so, and

(b) may take such other steps as the Minister considers necessary.

1987, c.P-22.2, s.33; 1995, c.43, s.2; 1997, c.2, s.5; 1998, c.40, s.2; 1997, c.39, s.2; 2010, c.8, s.7; 2016, c.37, s.66; 2019, c.2, s.54

Finding that a person has endangered the security or development of a child

2019, c.17, s.8

31.01After completing an investigation, if the Minister has determined that the security or development of a child is in danger, the Minister may make a finding that a person has endangered the security or development of a child as described in paragraphs 31(1)(a) to (g).

2019, c.17, s.8

Plan for care of a child

31.1(1)Where the Minister has determined, after completing an investigation, that the security or development of a child is in danger, the Minister shall ensure that a plan for the care of the child is established to ensure that his or her security and development are adequately protected, and may subsequently replace or amend the plan at any time as circumstances require.

31.1(1.1)The Minister shall ensure a concurrent plan is established at the same time as the plan referred to in subsection (1).

31.1(2)The Minister shall consider using the collaborative approach of mediation or a family group conference in establishing, replacing or amending a plan referred to in subsection (1).

31.1(3)If the Minister and the parent of the child agree, they may establish, replace or amend a plan referred to in subsection (1) by means of mediation or a family group conference.

31.1(4)Any issue with respect to a plan for the care of a child may be dealt with during a mediation or family group conference, except the determination of the Minister that the security or development of the child is in danger and the factors that led the Minister to that determination.

31.1(5)Except as provided under section 30 and subsection (6), all information obtained and discussions that occur during a mediation or family group conference held pursuant to this section are confidential and shall not be disclosed.

31.1(6)Information that is contained in a signed written agreement between the Minister and any other party to a mediation or family group conference may be disclosed in accordance with this Act or any other applicable law.

31.1(7)Except as provided under section 30, no person may be compelled to give evidence in any court in any proceeding of a judicial nature or in any investigative process concerning any information that comes to the knowledge of the person as a participant in a mediation or family group conference for establishing, replacing or amending a plan for the care of a child pursuant to this section.

2008, c.19, s.3; 2010, c.8, s.8; 2016, c.37, s.66; 2019, c.2, s.54

Kinship services

2019, c.17, s.9

31.2(1)After the Minister completes an investigation, if the Minister has determined that the security or development of a child is in danger and a plan for the care of the child has been established which does not include placing the child as a child in care, the child may receive kinship services in the home of a kinship caregiver if, in the opinion of the Minister, the kinship caregiver is capable of providing for the child in accordance with standards prescribed by the Minister or by regulation.

31.2(2)The Minister may enter into an agreement with a kinship caregiver, who fulfils the eligibility conditions for assistance prescribed by regulation, to provide financial or other assistance to the kinship caregiver if, in the opinion of the Minister, financial or other assistance is required to provide for the basic or exceptional needs of the child.

31.2(3)The agreement referred to in subsection (2) may remain in force until the termination of the placement.

2019, c.17, s.9

Protective care of child

32(1)The Minister shall place a child under protective care in any of the following circumstances if the Minister has reasonable and probable grounds to believe that the security or development of the child can not be protected adequately other than by placing the child under protective care:

(a) the child is left unattended for an unreasonable length of time and no reasonable provision for the care, supervision or control of the child is made;

(b) the child is abandoned, deserted or lost;

(c) the child is a runaway, as defined in subsection 31(6);

(d) the parent of the child requests the emergency placement of the child; or

(e) the security or development of the child is otherwise seriously and substantially in danger for any reason.

32(1.2)Where the Minister places a child under protective care under subsection (1), the Minister shall comply with subsection 51(1).

32(2)Where the Minister places a child under protective care he shall make adequate provision for his care, and he may

(a) remove the child from the home and place the child in another home or in such other location as in the Minister’s opinion is suitable;

(b) arrange for medical examination and treatment of the child without the consent of any person;

(c) return the child to the care of the parent

(i) pending a court determination, or

(ii) if there is no longer any need for protective care; or

(d) leave the child in his own home and may provide social services when the provision of social services is adequate to ensure his proper care.

32(3)Where the Minister determines to leave the child in his home pursuant to paragraph (2)(d) and the social service provided includes the services of a homemaker, the direction of the Minister to any person to provide homemaking services in the home is sufficient authority to that person to

(a) enter the home;

(b) live in the home;

(c) use any equipment, apparatus, tools, fixtures, or implements on the premises normally used in housekeeping activities on the premises in such manner and to such extent as is reasonably necessary to care for the child properly; and

(d) exercise reasonable control and discipline over the child;

and if the person acts in good faith and with reasonable care in the circumstances no liability attaches to that person with respect to any injury or damage arising out of the presence of that person in the home.

1995, c.43, s.3; 1997, c.2, s.6; 2016, c.37, s.66; 2019, c.2, s.54

Search of premises and removal of child, removal, arrest and detention of offending persons

33(1)Where a child is a child in care or the Minister determines to place a child under protective care but the parent or any other person refuses to release the child to the Minister, or access to the child is otherwise impeded or denied, the Minister may make an ex parte application to a court for an order authorizing the Minister to enter and search any premises or area where the child is, for the purpose of removing the child from the premises or area.

33(2)Notwithstanding subsection (1), the Minister may enter and search any premises or area for the purposes of removing the child, without an order of the court and by force if necessary, where the Minister has reasonable and probable grounds to believe that the security or development of the child would be seriously and imminently in danger as a result of the time required to obtain an order of the court.

33(2.1)A child removed from any premises or area in accordance with subsection (1) or (2) who is not already a child in care under a custody agreement, a guardianship agreement, a custody order or a guardianship order shall be deemed to be a child under the protective care of the Minister for the purposes of this Act.

33(3)Where a child has been placed under the protective care of the Minister but remains in the child’s own home, if the Minister has reason to believe any person may endanger the security or development of the child the Minister may apply to the court for a warrant authorizing either one of the following or both:

(a) the removal of the offending person from the premises in which the child resides,

(b) the arrest and detention of the offending person, pending an application by the Minister for a protective intervention order under Part IV.

33(4)Any person detained under the authority of a warrant issued under subsection (3) shall be brought forthwith before the court and may be released on his own recognizance or upon such conditions as the court may impose.

33(5)Repealed: 1981, c.10, s.2

33(6)The Minister may request the assistance of any peace officer in order to perform any authority conferred under subsections (1) to (3) or subsection 31(2), (2.4), 32(1) or 36(1) or otherwise in the discharge of the Minister’s duties or powers to investigate and to place a child under protective care.

1981, c.10, s.2; 1986, c.6, s.10; 1990, c.25, s.2; 1992, c.52, s.11; 1995, c.43, s.4; 2016, c.37, s.66; 2019, c.2, s.54

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)Where a child in care

(a) is about to or has become an adult,

(b) will cease to be a child in care, and

(c) is, in the opinion of the Minister, mentally incompetent,

and where there is no adult member of his immediate family or any other adult who could assume responsibility for his care or supervision, the Minister may apply for, and the court may make, an order under subsection (1) on the basis that the child in care would be a neglected adult upon ceasing to be a child in care.

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

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

Definitions

43In this Part

“custody agreement” means an agreement entered into under paragraph 44(1)(a) between the parent and the Minister transferring the custody, care and control of a child from the parent to the Minister;(entente de garde)

“custody order” means an order made under section 55 which transfers to the Minister the custody, care and control of a child;(ordonnance de garde)

“foster parent agreement” means an agreement entered into under subsection 46(1) between a foster parent and the Minister transferring all or part of the care, custody and control of the child from the Minister to the foster parent;(entente avec un parent nourricier)

“guardianship agreement” means an agreement entered into under paragraph 44(1)(b) between the parent and the Minister permanently transferring from the parent to the Minister the guardianship of the child, including the custody, care and control of, and all parental rights and responsibilities with respect to, the child;(entente de tutelle)

“guardianship order” means an order made under section 56 which transfers to the Minister the guardianship of the child, including the custody, care and control of, and all parental rights and responsibilities with respect to, the child;(ordonnance de tutelle)

“Minister” Repealed: 2019, c.2, s.54

“place of safety” means the place or places as may be designated in writing by the Minister.(lieu de sûreté)

1988, c.13, s.2; 2016, c.37, s.66; 2019, c.2, s.54

Custody and guardianship agreements

44(1)Subject to the provisions of this Part, the Minister may

(a) enter into a custody agreement with the parent of a child to accept the transfer of the custody, care and control of the child;

(b) enter into a guardianship agreement with the parent of the child to accept the transfer on a permanent basis of the guardianship of the child, including the custody, care and control of, and all other parental rights and responsibilities with respect to, the child.

44(1.1)The Minister shall before entering into a guardianship agreement advise the parent of the child to obtain legal counsel and obtain from the parent a written acknowledgement that the parent has been so advised.

44(2)The Minister shall not enter into an agreement

(a) subject to subsection (3), where a parent is unwilling or unable to enter into the agreement;

(b) where the Minister is unable to meet the needs of the child; or

(c) where the Minister is of the opinion that one or both parents are unable to understand or unable or unwilling to fulfill the terms of an agreement,

and shall not enter into an agreement under paragraph (1)(b) where it is uncertain who the parent is.

44(2.1)The Minister shall not enter into a guardianship agreement unless

(a) Repealed: 2010, c.8, s.11

(b) the Minister obtains from the parent a written acknowledgment that the parent has been advised to seek legal counsel before entering into a guardianship agreement, and

(c) the child is at least four days old.

44(3)A custody agreement is valid notwithstanding that one parent is not a party to the agreement, if the parent who is not a party

(a) has abandoned or deserted the child;

(b) cannot be located after all reasonable attempts have been made to find the parent;

(c) is not readily accessible to sign the agreement;

(d) has been incapable of caring for the child for a period of time of sufficient duration to be detrimental to the best interests of the child and remains incapable at the time the agreement is entered into;

(e) while liable to maintain the child has neglected or refused to do so; or

(f) has not had an ongoing parental relationship with the child and any delay in entering into the agreement would be detrimental to the best interests of the child.

1990, c.25, s.9; 2007, c.20, s.3; 2010, c.8, s.11; 2016, c.37, s.66

Responsibilities of Minister for child in care

45(1)Where a child is in the care of the Minister under a custody agreement the Minister shall, to the extent the parent cannot,

(a) provide care for the child that will meet his physical, emotional, religious, educational, social, cultural and recreational needs; and

(b) provide for the support of the child.

45(2)In complying with subsection (1), the Minister may place the child in any facility he considers to be appropriate for the child and may prescribe any plan he considers suitable for the child, but before so doing he shall consider any wishes of the child and the parent that have been expressed with respect to any placement or planning he proposes.

45(3)Where the child is in care under a guardianship agreement the Minister shall

(a) provide care for the child that will meet his physical, emotional, religious, educational, social, cultural and recreational needs;

(b) provide for the support of the child; and

(c) consider any wishes that the child expresses with regard to any placement or planning the Minister proposes;

and the Minister has full parental rights and shall exercise full parental responsibilities with respect to the child.

2016, c.37, s.66

Foster parent agreements

46(1)Subject to the provisions of this Part, the Minister may enter into an agreement in writing with a person to transfer all or part of the custody, care and control of a child in care to that person as foster parent, and in the agreement he may transfer to the foster parent such of those rights and responsibilities with respect to custody as have been transferred to him by a custody or guardianship agreement with the child’s parent, or as have been imposed on him by court order under this or any other Act, as the Minister considers to be suitable under the circumstances.

46(2)Where a child is in care under a custody agreement or custody order the parent of the child shall be advised, whenever possible, before the Minister and a foster parent enter into a foster parent agreement with respect to the child.

46(3)No right, authority or obligation transferred to a foster parent under a foster parent agreement is transferable by the foster parent to any other person.

46(4)Repealed: 1994, c.8, s.6

1994, c.8, s.6; 2016, c.37, s.66

Agreements with other government, person or agency

47The Minister may enter into an agreement with a representative of the Crown in right of another province, or a representative of any other government, or with any other person or agency that is approved by the Lieutenant-Governor in Council, to transfer to that representative, person or agency all or part of the rights and obligations with respect to a child in care that were transferred to the Minister under a custody agreement or a guardianship agreement or imposed on him by court order under this or any other Act, but any such agreement shall be deemed to include the provision that any rights and obligations under the agreement are subject to being determined or modified in accordance with the provisions of this Part,

(a) by the order of a court of competent jurisdiction in the Province affecting the authority of the Minister with respect to the child, or

(b) by the exercise of any parental right that is provided for by a custody agreement or otherwise under this Part.

2016, c.37, s.66

Custody agreement between parent and Minister

48(1)Where the Minister and the parent of the child enter into a custody agreement the Minister shall allow the parent reasonable access to the child unless the Minister has prohibited access to the child pursuant to section 13.

48(2)A custody agreement between a parent and the Minister may provide for periodic returns of the child to his parent, but any periodic return of the child to his parent shall not be construed as a release or waiver by the Minister of any rights and obligations under the agreement with respect to the custody, care and control of the child.

48(3)The Minister shall not accept the transfer of the custody of a child under a custody agreement for longer than one year, and the child shall not be in the care of the Minister under a custody agreement for longer than one year, unless, in the Minister’s opinion, the extension of the period of care under an agreement is required to meet special needs of the child or to accommodate special circumstances of the parent.

48(4)A custody agreement terminates

(a) where a party to the agreement elects to terminate the agreement and has given thirty days’ notice of termination to the other party;

(b) upon the marriage or death of the child;

(c) upon a guardianship agreement being reached between the Minister and a parent of the child or upon a guardianship order being made; or

(d) when the child reaches the age of majority.

48(5)Repealed: 2007, c.20, s.4

48(6)Repealed: 1994, c.8, s.7

1994, c.8, s.7; 2007, c.20, s.4; 2016, c.37, s.66

Termination of guardianship agreement

49(1)Subject to subsection (2), the parent or the Minister may within thirty days after entering into a guardianship agreement terminate the agreement on reasonable notice.

49(2)Notwithstanding subsection (1), where a child has been placed for adoption, the guardianship agreement cannot be terminated after seven days following the entering into of the agreement unless the parent has advised the Minister in writing prior to that time of his intention to terminate the agreement and the agreement is terminated within the period stipulated in subsection (1).

49(2.1)Subject to an order made under section 60, on the expiry of thirty days after the guardianship agreement is entered into the agreement cannot be terminated and the transfer of rights and responsibilities to the Minister with respect to the guardianship of the child shall be deemed to be irrevocable.

49(3)Notwithstanding subsection (2.1), the Minister may, upon the request of the former parent, transfer to the former parent all or part of the rights and responsibilities transferred permanently to the Minister under a guardianship agreement.

49(4)A guardianship agreement terminates

(a) on the transfer of guardianship, marriage, death or adoption of the child; or

(b) when the child reaches the age of majority.

49(5)Where a child who has been in care under a guardianship agreement or order reaches the age of majority the Minister may, in accordance with the regulations, continue to provide care and support for the child.

1990, c.25, s.10; 2016, c.37, s.66; 2019, c.17, s.14

Repealed

50Repealed: 1994, c.8, s.8

1994, c.8, s.8

Application where security or development of child endangered

51(1)Where the Minister places a child under protective care, the Minister shall immediately advise the parent of the child stating the action taken and giving reasons for the action taken, wherever possible, and within five days after placing the child under protective care shall

(a) release the child from protective care,

(b) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected and release the child from protective care, subject to and in accordance with the agreement, or

(c) apply for an order regarding the child.

51(2)Where the Minister has reason to believe that the security or development of a child is in danger but for any reason the Minister has not placed the child under protective care, the Minister may apply for an order regarding the child.

51(3)Where a child referred to in subsection (2) is habitually resident within the Province but is temporarily absent, the Minister may apply for an order regarding the child notwithstanding that the child is temporarily absent from the Province.

51(4)Where the Minister has reason to believe that the security or development of a child is in danger and the Minister and the parent concur that it would be in the best interests of the child for the Minister to become responsible for the child by means of a court order, they may jointly apply for an order.

51(5)An application under this section shall be made in accordance with the Rules of Court.

51(6)Where the Minister places a child under protective care and applies for an order regarding the child under paragraph (1)(c), the court shall, for the purpose of assessing the basis on which the child was placed under protective care, hold an interim hearing no later than seven days after the child was placed under protective care.

51(6.1)For the purposes of calculating time under subsection (6), holidays shall not be counted.

51(7)At the conclusion of an interim hearing, the court

(a) if it is satisfied that the Minister had reasonable grounds for placing the child under protective care and that the child should remain in the protective care of the Minister, may make an interim order to that effect and shall, subject to subsection 53(3), set a time and place for a hearing of the application of the Minister, or

(b) if it is not satisfied that the Minister had reasonable grounds for placing the child under protective care or that the child should remain in the protective care of the Minister, may make an interim order directing the Minister to release the child from protective care and to return the child to the care of the parent and shall, subject to subsection 53(3), set a time and place for a hearing of the application of the Minister.

51(8)Notwithstanding subsection (7), if the parent is in agreement with the application of the Minister, the court may, with the consent of the Minister, dispose of the application of the Minister at the interim hearing.

51(9)Subsection 60(1) does not apply to an interim order made under paragraph (7)(a) or (b).

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

Adjournment to permit mediation, family group conference

51.01(1)Notwithstanding that the Minister has applied for an order regarding a child under paragraph 51(1)(c) or subsection 51(2), the court may adjourn the hearing if the parent of the child in respect of whom the application is made and the Minister request the court to grant an adjournment to permit the parties to enter into mediation or engage in a family group conference for the purpose of establishing, replacing or amending a plan for the care of the child pursuant to section 31.1.

51.01(2)Any adjournment granted under subsection (1) shall not set the date for the hearing of the application more than 90 days after the date of the first appearance of the Minister in court in respect of the application.

51.01(3)Any time limit that would otherwise be applicable under this Part to the disposition of an application under section 51 ceases to operate from the day an adjournment is granted under this section to the day before the hearing is to recommence, inclusive.

51.01(4)If an agreement between the Minister and the parent is reached respecting the establishment, replacement or amendment of a plan for the care of a child during an adjournment granted under this section, the Minister shall advise the court and may withdraw the application.

2008, c.19, s.4; 2016, c.37, s.66

Application by parent for review of protective care

51.1(1)Where the Minister places a child under protective care and subsequently releases the child without entering into an agreement under paragraph 51(1)(b), the parent of the child, upon fourteen days’ notice to the Minister, may apply to the court for a review by the court of the use of protective care by the Minister.

51.1(2)An application under this section shall be made within thirty days after the child was released from protective care.

51.1(3)An application under this section shall be in the prescribed form.

51.1(4)A person who makes an application under this section shall give notice of the application and of the time and place of the hearing to the Minister and to such other persons as the court directs.

51.1(5)On an application under subsection (1), the court may, notwithstanding any other provision of this Part,

(a) if it is satisfied that the Minister had reasonable grounds to place the child under protective care, dismiss the application, or

(b) if the court is not satisfied that the Minister had reasonable grounds for placing the child under protective care, issue a declaratory order to that effect.

51.1(6)The court shall not make an order for damages or provide any remedy other than a declaratory order in relation to an application under this section.

51.1(7)Subject to subsection (8), no other provision of this Part governing applications under this Part applies to an application under this section.

51.1(8)Subsection 52(1), subsections 53(4) and (5) and section 59 apply with the necessary modifications in respect of an application under this section.

1995, c.43, s.6; 2016, c.37, s.66

Procedure before hearing of application

52(1)The court has jurisdiction to hear and determine any application made under this Part.

52(2)Having consideration for the best interests of the child, the court shall set a time and place for a hearing which, subject to subsection 51(6), shall be held as soon as reasonably practicable and in no case later than fifteen days after the day the application was made to the court.

52(3)The Minister shall give notice of the application and of the time and place of the hearing to the parent of the child and to such other persons as the Court directs.

52(3.1)Despite subsection (3), in the case of an application for transfer of guardianship, the notice shall be made to a person who wishes to become the guardian of the child, to the child if he or she is 12 years of age or older, to a person who holds an order for access and to any other person that the court directs.

52(4)Service of copies of the application and notice of hearing shall be deemed to be notice for the purposes of subsection (3) or (3.1), and service may be proven by oral testimony or by the affidavit of the person effecting service.

52(5)Where notice under subsection (3) or (3.1) has not been effected by service under subsection (4), it may be proven by such evidence as is sufficient to satisfy the court that notice has effectively been given.

52(6)Where the court is satisfied that reasonable efforts have failed to locate a person to be given notice under subsection (3) or (3.1), the court may

(a) waive the notice requirements under subsection (3) or (3.1), or

(b) order notice to be given by substituted service as prescribed by the court,

and if notice has been given or has been waived under this section the court may hear the application in the person’s absence, and the absence of that person does not affect the validity of the hearing or the jurisdiction of the court to make an order.

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

Powers and responsibilities of court

53(1)Notwithstanding any existing agreement or order, where a matter is before the court pursuant to an application made under this Part the court may

(a) make an order under section 54, 55, 56, 56.1, 57 or 58;

(b) by order vary, terminate, or extend any such order as authorized by section 60;

(c) dismiss the application where the court is satisfied that there is insufficient cause to make an order; or

(d) subject to subsection (3), adjourn the hearing from time to time.

53(1.1)The court shall not make an order for the payment of costs in relation to an application made under this Part against a person other than the Minister.

53(2)When disposing of an application under this Part the court shall at all times place above all other considerations the best interests of the child.

53(3)The court shall dispose of an application made under this Part within thirty days after it is made unless the court is satisfied that exceptional circumstances require the disposition of the application to be delayed beyond such day, in which case the court may so order, stating in the order the circumstances that gave rise to the order; but a failure to comply with this subsection does not deprive the court of jurisdiction.

53(4)No application shall be dismissed because of a procedural defect or lack of conformity with any requirement of this Part if the court is satisfied that

(a) the defect or lack of conformity has been or can be compensated for by such substituted procedures as the court determines to be adequate in the circumstances; or

(b) failure to cure or compensate for the defect or lack of conformity has not resulted in or will not result in substantial prejudice to the interests of a person who may be affected by the outcome of the proceedings.

53(5)The court shall give reasons for making an order or dismissing any application.

53(6)An order referred to in paragraph (1)(a) shall be in the prescribed form.

1988, c.13, s.3; 2016, c.37, s.66; 2019, c.17, s.16

Supervisory order

54(1)The court may make a supervisory order authorizing the Minister to exercise supervision of the child, the child’s family, the management of their property and other affairs having a substantial bearing on the child’s security and development, for a period of up to six months in accordance with conditions set out in the order.

54(2)An order made under subsection (1) may be extended for further periods of up to six months each.

54(2.1)Where, before the expiration of a supervisory order, the Minister applies under subsection 60(2) to have the supervisory order extended but the Court does not dispose of the application before the expiration of the supervisory order, the supervisory order remains in effect and the Minister continues to have, pending the disposition of the application, supervision of the child, the child’s family, the management of their property and other affairs having a substantial bearing on the child’s security and development.

54(3)Where the court makes a supervisory order under subsection (1) the guardianship and custody of the child remains with the parent, but the Minister has access to the child and to the home in order to supervise the conditions of the order.

1997, c.2, s.11; 2004, c.18, s.1; 2016, c.37, s.66

Custody order

55(1)The court may make a custody order transferring the custody, care and control of the child to the Minister for a period of up to six months.

55(2)The court may extend an order made under subsection (1) for additional periods of up to six months each, up to a maximum of twenty-four consecutive months including the period of the initial order and any period during which the child was in care under a custody agreement.

55(2.01)For the purposes of subsection (2), time in the care of the Minister for a child under 12 years of age shall be calculated cumulatively and shall not exceed twenty-four months over a five-year period.

55(2.1)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies under subsection 60(2) to have the custody order extended but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.

55(2.2)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies for a guardianship order under subsection 56(1) but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.

55(3)Where a child is in care under a custody order or a supervisory order the Minister shall meet those obligations set out in subsection 45(1) with respect to a child in care under a custody agreement.

55(4)Where a child is in care under a custody order the Minister

(a) may place the child in any facility he considers to be appropriate for the child and may prescribe any plan he considers suitable for the child, but before so doing he shall consider any wishes of the child and the parent that have been expressed with respect to any placement or planning he proposes;

(b) shall allow the parent reasonable access to the child; or

(c) may return the child to the parent or place the child with a member of the child’s immediate family, according to the best interests of the child;

but any action taken by the Minister pursuant to paragraph (c) shall not be construed as a release or waiver by the Minister of any rights and obligations under the order with respect to the custody, care and control of the child.

55(5)Where a custody order is made, the court shall determine the support obligations of the parent and may make any order with respect to the support of the child that it is authorized to make under the Family Law Act.

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

Guardianship order

56(1)The court may make a guardianship order transferring from a parent to the Minister on a permanent basis the guardianship of a child, including the custody, care and control of, and all parental rights and responsibilities with respect to, the child.

56(2)Where a child is in care under a guardianship order the Minister shall meet those obligations set out in subsection 45(3) with respect to a child in care under a guardianship agreement.

56(3)Where a child is in care under a guardianship order the Minister may return the child to the former parent periodically, as the Minister considers appropriate, but such action shall not be construed as a release or waiver by the Minister of any rights and obligations under the order with respect to the custody, care and control of the child.

56(4)A guardianship order remains in effect until the child

(a) is adopted,

(b) marries, or

(c) reaches the age of majority,

or until an order is made under subsection 60(6).

56(5)Repealed: 1992, c.33, s.3

1992, c.33, s.3; 2016, c.37, s.66

Order for transfer of guardianship

2019, c.17, s.18

56.1(1)Subject to subsection (2), the Minister may apply to the court for a transfer of guardianship order under which the Minister permanently transfers to another person the guardianship of a child, including the custody, care and control of the child and all parental rights and responsibilities with respect to the child.

56.1(2)The court shall not make a transfer of guardianship order without the written consent of

(a) the person who wishes to become the guardian of the child, in the form prescribed by regulation, and

(b) the child, if the child is 12 years of age or older or the court believes that the child is sufficiently mature.

56.1(3)Despite paragraph (2)(b), the court may make an order without the consent of the child, if the court is satisfied that it is in the best interests of the child to do so.

56.1(4)A transfer of guardianship order remains in force until the child

(a) is adopted,

(b) marries,

(c) reaches the age of majority, or

(d) is the subject of an order made under subsection 60(6).

56.1(5)The Minister may enter into an agreement with a guardian to provide financial or other assistance to the guardian if, in the opinion of the Minister, financial or other assistance is required to provide for the basic or exceptional needs of the child.

2019, c.17, s.18

Order authorizing placement in place of safety

57(1)Upon the application of the Minister, the court, if satisfied that a child in the custody of or under the guardianship of the Minister is likely to do harm to himself or to another, may make an order authorizing the Minister to place the child in a place of safety for a period of up to six months.

57(2)The court may vary an order made under subsection (1) from time to time to authorize the Minister to keep the child in a place of safety for additional periods of up to six months each.

57(3)The authority of the Minister to place a child in a place of safety pursuant to an order made under subsection (1) or (2) remains in effect only as long as the child remains in the custody or guardianship of the Minister pursuant to an agreement or order made under this Part.

1996, c.75, s.4; 2016, c.37, s.66

Protective intervention order

58(1)The court may make a protective intervention order directed to any person who, in the opinion of the court, is a source of danger to a child’s security or development.

58(2)A protective intervention order may contain such provisions as the court considers to be in the best interests of the child, including a direction to the person named in the order to do either or both of the following:

(a) to cease to reside in the same premises in which the child resides,

(b) to refrain from any contact or association with the child.

58(3)A protective intervention order may be made in conjunction with any other order that the court may make under this Part.

58(4)A protective intervention order shall remain in force for a period stated in the order, not to exceed twelve months, and may, on application, be extended for additional periods of up to twelve months each.

58(4.1)Where, before the expiration of a protective intervention order, the Minister applies under subsection 60(2) to have the protective intervention order extended but the Court does not dispose of the application before the expiration of the protective intervention order, the protective intervention order remains in effect pending the disposition of the application.

58(5)The court shall, at the time of making a protective intervention order, determine the responsibilities of the person to the person’s dependants as defined in the Family Law Act, and may make any order with respect to the support of the dependants that it is authorized to make under that Act.

58(6)Any person who violates the provisions of a protective intervention order commits an offence.

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

Appeal from order or decision

59(1)Any order or decision made under this Part may be appealed within thirty days of the order or decision to The Court of Appeal of New Brunswick.

59(2)An appeal shall be in accordance with the regulations and the Rules of Court.

59(3)An order or decision that is appealed under this section remains in effect pending the disposition of the appeal, and no order staying the effect of the order or decision shall be made, notwithstanding any provision of any other Act, regulation or rule of court to the contrary.

59(4)On appeal, the court may

(a) affirm the order, with or without modification;

(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

Review, variance or termination of order

60(1)Except under this section, a court has no jurisdiction to review, vary or terminate an order made under this Part.

60(2)The Minister may, after notice as set out in section 52, apply to the court to have an order made under sections 54 to 58 varied, extended or terminated or to have another order made in substitution for or in addition to an existing order.

60(3)Where authorized under section 61, the child or the former parent may, upon fourteen days’ notice to the Minister and any other person affected, apply to the court to have a guardianship order or agreement varied or terminated.

60(4)Where a supervisory order, a custody order or an order under subsection 58(1) has been made, or such an order has been varied or extended under this section, and not less than three months have elapsed since the making of, the variation or the extension of the order, the parent, child or any other person affected by the order may in the prescribed form, and after fourteen days notice to the Minister and to any other affected person, apply to the court to have the order varied or terminated.

60(5)An application made by any person under subsection (4) may be made jointly with the Minister.

60(6)Upon hearing an application the court, if satisfied that it is in the best interests of the child to do so, may make such order authorized by this Part as it considers appropriate.

1988, c.13, s.4; 1990, c.25, s.13; 1996, c.75, s.5; 2016, c.37, s.66

Application to court to vary or terminate order or guardianship agreement

61(1)Where a child is in care under a guardianship order or a guardianship agreement and at least six months have elapsed from the making of the order or agreement or from any previous review of the order or agreement, a child or former parent of the child may apply to the court to vary or terminate the order or agreement.

61(2)Upon receiving an application under subsection (1), the court shall, subject to subsection (4),

(a) hear the matter in accordance with section 60,

(b) take into account as additional considerations,

(i) whether the Minister has fulfilled his obligations under the order or agreement, and

(ii) if relevant to the application, whether the former parent is able and willing to provide appropriate care for the child.

61(3)Notwithstanding subsection 53(3), the court shall dispose of an application authorized by this section within six months after it is made.

61(4)A court shall not hear an application under this section if the child has been placed for adoption.

61(5)A court shall not hear an application under this section if the Minister has transferred guardianship of a child in accordance with section 56.1.

1990, c.25, s.14; 1996, c.75, s.6; 2016, c.37, s.66; 2019, c.17, s.19

Order of extra-provincial court for transfer

62(1)Where the court of another jurisdiction orders that all or part of the parental rights and responsibilities in respect of any child who has a real and substantial connection with that jurisdiction be transferred to any agency, province or state, or representative thereof, the order shall be recognized and shall have the same force and effect as an order made under this Part.

62(2)The Minister may enter into an agreement with a representative of the Crown in right of another province, or a representative of any other government, or with any other person or agency, to accept the transfer of all or part of the parental rights and responsibilities in respect of a child who is subject to any order referred to in subsection (1); and where part of the parental rights have been transferred to the Minister, the child shall have the same relationship to the Minister as if a custody order had been made under this Act, and where all the parental rights have been transferred to the Minister, the child shall have the same relationship to the Minister as if a guardianship order had been made under this Act.

62(3)The court may, on application, make an order having the effect of varying an order made under subsection (1) if

(a) the Minister makes or consents to the application; and

(b) the child has a real and substantial connection with the Province.

62(4)Where an application is made under subsection (3) it shall be accompanied by a copy of the order certified as a true copy by a judge, other presiding officer or registrar of the extra-provincial tribunal or by the person having custody of the orders of the extra-provincial tribunal.

62(5)Where a certificate referred to in subsection (4) is produced as evidence no proof is required of the signature or appointment of the judge, presiding officer, registrar or other person issuing the certificate.

1996, c.75, s.7; 2016, c.37, s.66

Repealed

63Repealed: 1996, c.75, s.8

1996, c.75, s.8

V

ADOPTION

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

64No adoption shall be made except in accordance with this Part or the Intercountry Adoption Act.

2007, c.21, s.6

Adoption of child and adult

65(1)Subject to the provisions of this Part, any child may be adopted.

65(2)Any adult may be adopted where

(a) the person adopting is older by a reasonable number of years than the person to be adopted; and

(b) the reason for the adoption is acceptable to the court.

65(3)Where an application is made to adopt an adult the court shall take into consideration, in addition to such other considerations as appear to it to be relevant, whether the custody, care and support of the person to be adopted has been provided by the person applying to adopt for a reasonable time during the period of minority of the person to be adopted.

Any adult may adopt child

66(1)Subject to the provisions of this Part, any adult may apply to adopt a child.

66(2)An adoption order shall not be made on the application of a person who is a spouse or common-law partner without the other spouse or common-law partner joining in the application, unless the person is adopting the child of his or her spouse or common-law partner.

2007, c.20, s.5

Application for adoption

67(1)Any person wishing to adopt a child, whether a specific child or not, may apply to the Minister or to a community social service agency approved under paragraph 3(1)(b.1).

67(2)The Minister, or the community social service agency applied to under subsection (1), shall determine according to criteria established in this Part and in the regulations, whether the applicant is suitable for consideration as a prospective adopting parent and shall inform the applicant as to the determination.

67(2.1)A person with access to records or documents relating to adoptions, including the identities of references and their comments provided under this section, who discloses information on any prospective adopting parent otherwise than in compliance with this Part commits an offence.

67(3)Repealed: 1994, c.8, s.9

1983, c.16, s.4; 1994, c.8, s.9; 2016, c.37, s.66; 2017, c.14, s.2

Disclosure of information about prospective adopting parents

68With the knowledge and consent of the prospective adopting parent, the Minister may provide such information about the prospective adopting parent as he considers proper in the circumstances to

(a) any parent who has expressed to the Minister a wish to participate in the adoption of his child;

(b) an adoption resource exchange; or

(c) a recognized adoption service.

2016, c.37, s.66

Only Minister or parent may place child for adoption

69(1)No person other than the Minister or the parent of the child shall

(a) within the province, place a child with another person; or

(b) place outside the Province with another person any child who is a resident of the Province at the time the placing occurs,

if the purpose of placing the child is the adoption of the child by that person.

69(2)Subsection (1) does not apply with respect to the placement of a child by any representative, agency or person referred to in subsection 76(2) where the placement has been approved by the Minister.

69(3)Where an application to adopt a child is made to the court within five years after an act occurs that is alleged in any information with respect to a violation of this section, section 73 or section 95 to be a placement in violation thereof, the person placing the child shall be presumed to have placed the child for the purposes of the adoption of the child, with full knowledge thereof and with intent with respect thereto.

69(4)Any person who violates subsection (1) commits an offence.

69(5)Proceedings in respect of an offence under this section may be commenced at any time within six years after the alleged violation.

1990, c.22, s.13; 2016, c.37, s.66

Placement for adoption

70The Minister may place a child, for purposes of adoption, with a prospective adopting parent who has been approved in accordance with section 67,

(a) where the child is in the care of the Minister under a guardianship agreement or a guardianship order;

(b) Repealed: 2007, c.20, s.6

(c) where the child is in the guardianship of the Minister under an agreement entered into under section 62 and the appropriate representative, person or agency having the authority to consent to the adoption of the child, has consented to the adoption.

2007, c.20, s.6; 2016, c.37, s.66

Placement agreement

70.1(1)Where the Minister places a child for purposes of adoption in accordance with section 70, the Minister may enter into an agreement in writing with a person to transfer all or part of the custody, care and control of a child in care to that person as a prospective adopting parent, and in the agreement the Minister may transfer to the prospective adopting parent such of those rights and responsibilities with respect to custody, care and control of the child as have been transferred to the Minister by a guardianship agreement, or as have been imposed on the Minister by court order under this or any other Act, as the Minister considers to be suitable under the circumstances.

70.1(2)No right, authority or obligation transferred to a prospective adopting parent under a prospective adopting parent agreement is transferable by a prospective adopting parent to any other person.

2007, c.20, s.7; 2016, c.37, s.66

Best interests of child

71(1)In placing a child for adoption the Minister or the parent shall put above all other circumstances the best interests of the child.

71(2)In order to assist a parent in determining what is in the best interests of a child, social services shall be provided by the Minister or a community social service agency approved under paragraph 3(1)(b.1) and the parent may request such social services.

1983, c.16, s.5; 2016, c.37, s.66

Agreement for financial or other assistance

72(1)The Minister may enter into an agreement to provide financial or other assistance to a prospective adopting parent where, in the opinion of the Minister, financial or other assistance is required by reason of

(a) the special service needs of the child, or

(b) the special placement needs of the child.

72(2)An agreement under this section shall be concluded before an adoption order is made.

2007, c.20, s.8; 2016, c.37, s.66

Notice of private placement of child required

73(1)Subject to subsections (2) and (4), no person shall place a child for the purposes of adoption with someone other than a member of the child’s immediate family unless the person notifies the Minister by registered mail at least sixty days before the placement, stating the child’s name and birth date, the name and address of the prospective adopting parent and the address where the child resides.

73(2)Subject to subsection (4), in the case of a child who is not yet born, if a person intends to place the child after his or her birth with someone other than a member of the child’s immediate family, the person shall notify the Minister by registered mail at least sixty days before the placement, stating the name and address of the child’s mother, the expected birth date of the child and the name and address of the prospective adopting parent.

73(3)Subject to subsection (4), no person, except a member of the child’s immediate family, shall take a child into his or her home for the purposes of adoption unless the person notifies the Minister by registered mail at least sixty days before receiving the child into his or her home,

(a) stating the child’s name and birth date, the name and address of the child’s parents and the prospective adopting parent and the address where the child resides, or

(b) in the case of a child who is not yet born, stating the name and address of the child’s mother, the expected birth date of the child and the name and address of the prospective adopting parent.

73(4)Subsections (1), (2) and (3) do not apply with respect to the adoption by a person of the child of his or her spouse or common-law partner.

73(5)Proceedings in respect of an offence under this section may be commenced at any time within six years after the alleged violation.

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

Assessment of adoption placement by Minister

74(1)On receiving a notification referred to in section 73, unless an adoption assessment report of the adopting parent, dated less than one year earlier, is on file, the Minister shall conduct an assessment of the adoption placement and may contract with a community social service agency approved under paragraph 3(1)(b.1) to conduct the assessment and provide an adoption assessment report.

74(2)After reviewing the adoption assessment report, the Minister shall notify the parent whether, in the Minister’s opinion, the placement is suitable and may advise the parent of the basis for his or her opinion.

74(3)If a child is placed in the prospective adopting home before an adoption assessment report is completed, the Minister shall conduct a risk assessment without delay.

1983, c.16, s.7; 2007, c.20, s.10; 2016, c.37, s.66

Notice to adoption authority outside the Province

74.1Where the Minister receives a notification required by section 73 and the residential address of the prospective adopting parent is outside the Province but in Canada, the Minister shall notify the adoption authority in the jurisdiction of the prospective adopting parent and shall recommend that a risk assessment of the adoption placement be conducted, if no assessment has yet been conducted.

2007, c.20, s.11; 2016, c.37, s.66

Adoption order

75(1)Any person who is authorized by this Part to adopt a child may apply to the court for an adoption order effecting the adoption of a named child by that person.

75(2)Where a child has been placed for adoption by the Minister, the Minister may apply to the court for an adoption order effecting the adoption of the child by the adopting parent with whom the child was placed, unless the court has granted a right of access to the child to a person.

75(2.1)Where the court has granted a right of access to the child to a person, the adopting parent may apply to the court for an adoption order and shall notify the person to whom the court has granted access to the child by serving on the person notice of the application.

75(3)An application to the court for an adoption order shall include a social and health history of the child and the parents of the child, prepared by the Minister or a community social service agency approved under paragraph 3(1)(b.1) in accordance with the regulations.

75(4)An application to the court shall include the reports prepared under sections 67 and 74 by the Minister or a community social service agency.

75(5)Subsections (3) and (4) do not apply to an adoption by a person of the child of his or her spouse or common-law partner, to adult adoptions or to adoptions within the immediate family.

75(6)In making an adoption order under this Act the court shall consider the reports referred to in subsections (3) and (4).

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

Adoption consent

76(1)Subject to subsection (2), no adoption order shall be made without the written consent of

(a) the person to be adopted if twelve years of age or over; and

(b) if the person to be adopted is under the age of majority, the parent of the child or, if the guardianship of the child to be adopted has been transferred to the Minister by a guardianship agreement or guardianship order, the Minister;

and no other consent is required before an adoption order is made.

76(2)Where the child to be adopted is a ward of, in the custody of, or in the guardianship of a representative of the government of any other jurisdiction or any other agency or person having authority to consent to the adoption of the child, the consent of the representative, person or agency is required before an adoption order is made and, despite subsection (1), the consent of the parent is not required if the consent would not have been required if the child were to be adopted in that jurisdiction.

76(3)Where the person to be adopted is a child under the age of twelve years the court shall, where it considers it to be appropriate and feasible to do so, determine and take into account the wishes of the child.

76(4)A parent may consent to the adoption of his child notwithstanding that the parent is under the age of majority.

76(5)The consent of a parent to the adoption of his or her child shall not be given before the child is four days old.

76(6)An adoption consent may be general or specific and shall be in the prescribed form.

76(7)An adoption consent shall be witnessed, and an affidavit of witness in the prescribed form shall be attached to every consent required under this Part.

76(8)Notwithstanding subsection (6), any adoption consent and supporting affidavit required by this section are sufficient if executed in a form valid in the jurisdiction in which the consent and affidavit were executed.

76(9)Notwithstanding subsections (7) and (8), a defect in the supporting affidavit of a witness does not invalidate an adoption consent.

2007, c.20, s.13; 2016, c.37, s.66

Revocation of consent

77(1)A person to be adopted, the Minister or a representative, person or agency required to consent under subsection 76(2) may revoke an adoption consent at any time before an adoption order is made.

77(2)Where the Minister has placed a child for adoption, a parent whose consent to the adoption is required may not revoke the consent.

77(3)Subject to subsection (4), where a parent has placed a child for adoption, a parent whose consent for adoption is required may revoke his or her consent by written notice to the Minister within thirty days after giving consent.

77(4)Where the Minister reviews an adoption assessment report under subsection 74(1) and concludes that the placement is unsuitable, a parent whose consent for adoption is required may revoke his or her consent by written notice to the Minister within seven days after receiving a notice sent under the authority of subsection 74(2).

77(5)Where the parent whose consent for adoption is required revokes his or her consent under subsection (3) or (4), the adopting parent shall within two days after receiving written notice from the Minister return the child to the care, custody and control of the parent.

77(6)An adopting parent who violates or fails to comply with subsection (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

77(7)Where an offence under subsection (6) continues for more than one day

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

2007, c.20, s.14; 2016, c.37, s.66

Waiver of consent

78(1)On application, either ex parte or upon such notice as the court directs, the court may waive a consent required by this Part, other than a consent of the person to be adopted, if the court is satisfied that

(a) the person whose consent is to be waived

(i) has abandoned or deserted the child,

(ii) cannot be located after all reasonable attempts have been made to find the person,

(iii) has been incapable of caring for the child for a period of time of sufficient duration to be detrimental to the best interests of the child, and remains incapable at the time consent is waived,

(iv) while liable to maintain the child has persistently neglected or refused to do so,

(v) has not had an ongoing parental relationship with the child,

(vi) refuses to care for the child and a delay in securing a home for the child would be detrimental to the best interests of the child, or

(b) in the best interests of the child, the consent should be waived,

in which case an adoption order with respect to the child may be made without the consent of the person whose consent was waived.

78(2)Where a person is of the age of twelve years or over and is unable to understand or give consent, the person’s consent may be waived by the court.

78(3)Where the consent of the person to be adopted is not required under this Part, or is waived under subsection (2), the court shall, where it considers it to be appropriate and feasible to do so, take into account the wishes of the person.

2007, c.20, s.15

Procedure on adoption application

79(1)Subject to subsections (2), (3) and (4), the court shall set the time and place for the hearing, which shall be within five days after the application was filed with the court.

79(2)Subject to subsection 81(2), where there is an application for a waiver of a consent required by section 76, and the court directs that a notice be given to a person whose consent is required, the court shall delay the hearing in order to permit the person who was given notice of the hearing to appear.

79(3)Except as provided in subsection (5), where a person other than the Minister applies for an adoption order, no application shall be heard by the court until the applicant proves to its satisfaction that notice has been served upon the Minister, at least thirty days before the hearing, of his intention to apply for an adoption order.

79(4)Not later than ten days before the time set for the hearing, the applicant shall give the Minister notice of the time and place set for the hearing.

79(5)When the Minister consents in writing to the hearing of the application without the notice required by subsections (3) and (4), the court may hear the application forthwith.

79(6)Subsections (3), (4) and (5) do not apply with respect to the adoption by a person of the child of his or her spouse or common-law partner.

79(7)Any notice under this section shall be in the prescribed form.

79(8)Notwithstanding the Rules of Court made under the Judicature Act, the Court may direct that statements and evidence that may be detrimental to the welfare of the child or the interests of the applicant be omitted from any notice given under this Part, and where substituted service of any notice is to be effected by public advertisement, shall direct that the names of the child and of the adopting parent be omitted from such notice.

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

Evidence and witnesses

80(1)The court may require any person, including the Minister, whom it considers likely to be able to give material evidence on an application, to attend and give evidence, and the attendance of that person may be enforced in the same manner as in other civil cases before the court.

80(2)Where the Minister has applied for an adoption order, the Minister, the prospective adopting parent and any person who has received notice of the hearing may appear at the hearing and be heard in person or by counsel.

80(3)The Minister shall provide the court with a copy of any adoption assessment report on file or completed under subsection 74(1) relating to the adoption placement.

80(4)Where a person other than the Minister applies for an adoption order the court may require the Minister to cause an investigation to be made into the adoption placement and to provide a report to the court.

80(5)The Minister may attend any hearing of an adoption application brought by any other person and may give evidence concerning any matter before the court.

80(6)Subsections (4) and (5) do not apply with respect to the adoption by a person of the child of his or her spouse or common-law partner.

2007, c.20, s.17; 2008, c.45, s.6; 2016, c.37, s.66

Time for disposition of application

81(1)Where, in the opinion of the court, there is sufficient cause, the court may make an order

(a) extending the time for any hearing under this Part, or

(b) subject to subsection (2), adjourning the hearing.

81(2)The court shall dispose of an application made under this Part within thirty days after it is made unless the court is satisfied that exceptional circumstances require the disposition of the application to be delayed beyond such day, in which case the court may so order, stating in the order the circumstances that gave rise to the order; but a failure to comply with this subsection does not deprive the court of jurisdiction.

1991, c.27, s.16

Disposition of application

82(1)Where, upon hearing an application, the court determines that an adoption order should not be made, the court may

(a) make an order with respect to the custody of the child that it considers appropriate in the circumstances, or

(b) order that the Minister place the child under protective care and that proceedings be taken under Part IV.

82(2)Where a child has been placed for adoption by the Minister, and either the Minister or the prospective adopting parent determines not to apply for an adoption order or to withdraw an application that has been made,

(a) the Minister may remove the child from the care of the prospective adopting parent;

(b) the child shall no longer be considered as a child placed for adoption; and

(c) the Minister may discontinue the person’s designation as a prospective adopting parent.

82(3)Repealed: 1994, c.8, s.10

1994, c.8, s.10; 2016, c.37, s.66

Adoption order

83(1)Where the requirements of this Part have been complied with and the court is satisfied

(a) as to the truth of the matters stated in the application; and

(b) that the adoption should take place,

and where a person under the age of majority is to be adopted, as to

(c) the ability of the prospective adopting parent to care for and educate the child in a proper manner; and

(d) the likelihood that the adoption will provide the child with security, a permanent family relationship and continuity of care,

the court may make an adoption order, if

(e) where the Minister is the applicant, thirty days have elapsed since the child was placed for adoption,

(f) where the applicant has applied to adopt the child of his or her spouse or common-law partner, either

(i) thirty days have elapsed since the application was made, or

(ii) the child has resided continuously with the applicant for the previous six months, or

(g) in any other case, the child has resided continuously with the applicant for the previous six months.

83(2)An adoption order shall be in the form prescribed by regulation and shall bear the seal of the court.

83(3)Where a child has been placed by the Minister for adoption by two prospective adopting parents, one of whom dies before an adoption order is made, the court may, on the request of the surviving adopting parent, make an order with respect to the child in favour of both prospective adopting parents, in which case it shall be dated as of a day prior to the death of the prospective adopting parent.

83(4)The Registrar of the court shall send to the adopting parent and to the Minister a certified copy of each adoption order.

2007, c.20, s.18; 2008, c.45, s.6; 2016, c.37, s.66

Change in birth register

84The Registrar of the court shall file with the Registrar General of Vital Statistics within ten days of the making of an adoption order a certified copy of the order and, on the request of the Registrar General of Vital Statistics, shall supply sufficient additional information to allow the birth register to be accurately changed.

Effects of adoption order

85(1)An adoption order, from the date it is made,

(a) for all purposes, including inheritance from the kindred of the adopting parent, gives the adopted child status as a child of his adopting parent, and the adopting parent status as the parent of the adopted child, as if the child had been born to the adopting parent;

(b) subject to subsection (4), gives the adopted child the surname of his adopting parent unless the court orders otherwise; and

(c) subject to subsections (3) and (4), where a change of given names has been requested by the adopting parent, changes the given names of the child to those set out in the order.

85(2)Except where a person adopts a child of his or her spouse or common-law partner, an adoption order, from the date it is made,

(a) severs the tie the child had with his natural parent or guardian or any other person in whose custody the child has been, by divesting the parent, guardian or other person of all parental rights in respect of the child, including any right of access that is not preserved by the court, and freeing that person from all parental responsibilities for the support of the child;

(b) frees the child from all obligations, including support, with respect to his natural parent or any other person in whose custody he has been; and

(c) unless specifically preserved by the order in accordance with the express wishes of the natural parent, severs the right of the child to inherit from his natural parent or kindred;

but an adoption order does not terminate or affect any rights the child has that flow from his cultural heritage, including aboriginal rights.

85(3)Where it is requested that the adoption order change the given names of the child, the request shall only be granted if the court is satisfied that a change is in the best interests of the child, and, where the child’s wishes can be ascertained, that the change is being made with the child’s knowledge and agreement.

85(4)Where the child of the applicant’s spouse or common-law partner is adopted, the surname and given name of the child do not change if the spouse or common-law partner does not consent to the change.

85(5)In the case of a child twelve years of age or over an adoption order shall not change any part of the name of the child without the consent of the child.

1996, c.75, s.9; 2007, c.20, s.19; 2008, c.45, s.6; 2020, c.24, s.3

Effect of subsequent adoption order

86Where an adoption order is made in respect of a person who was previously adopted, all the legal consequences of any former adoption order terminate upon the making of the subsequent adoption order.

Domicile or residence requirements

87(1)The court may hear an application and may make an adoption order where, at the time the adoption order is made,

(a) the person to be adopted is domiciled or resident in the Province;

(b) where the person to be adopted is under the age of majority, the parent of the person to be adopted is domiciled or resident in the Province; or

(c) the prospective adopting parent is domiciled or resident in the Province.

87(2)Notwithstanding subsections 4(4) and (5) of An Act Respecting Compliance of the Laws of the Province with the Canadian Charter of Rights and Freedoms, 1985, a child in care shall be deemed to be domiciled within the Province.

1985, c.41, s.5; 1993, c.42, s.2; 1997, c.2, s.14

Recognition of order in other jurisdiction

88An adoption granted according to the law of any other jurisdiction that is substantially similar in effect to an adoption under this Part shall be recognized in the Province and shall have the same force and effect as if made under this Part.

1993, c.42, s.3; 2007, c.20, s.20

Appeal

89(1)An appeal lies to The Court of Appeal of New Brunswick from an adoption order, or from a refusal to make an adoption order.

89(2)An appeal may be brought by

(a) the person adopted or to have been adopted;

(b) the adopting parent or a prospective adopting parent;

(c) any person whose consent was required but was waived by the court; or

(d) the Minister,

and shall be brought not later than thirty days after the disposition of the application to adopt.

89(3)On appeal, the court may

(a) affirm the order, with or without modification;

(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.

2016, c.37, s.66

Setting aside of adoption order

90(1)Where there has been substantial compliance with the requirements of this Part no adoption order shall be set aside on appeal or otherwise by reason only of a defect or irregularity in complying with the requirements unless there has been a substantial miscarriage of justice.

90(2)Except on appeal, an adoption order shall not be set aside unless the order was procured by fraud, and unless it is in the best interests of the child to set aside the order.

Openness agreement

90.01(1)In order to facilitate communication or to maintain personal relationships after an adoption order is granted, before the adoption order is granted a prospective adopting parent of a child may make an openness agreement in writing with

(a) a relative of the child;

(b) another person who has established a significant relationship with the child; and

(c) a prospective adopting parent or adoptive parent of a birth sibling of the child.

90.01(2)An openness agreement may

(a) be made only after consent to the adoption is given by the birth parent or other guardian having custody of the child who placed or requested that the child be placed for adoption, and

(b) include a process to resolve disputes arising with respect to the agreement or matters associated with it.

90.01(3)The Minister may assist the parties to negotiate an initial openness agreement, but after that agreement is signed the parties shall resolve any disputes with respect to the agreement or matters associated with it without the assistance of the Minister.

90.01(4)Where a child is twelve years of age or over, his or her consent to an openness agreement is required before the agreement is made or amended, if he or she is able to understand or give consent.

90.01(5)Where an openness agreement is made or amended, an adopting parent or prospective adopting parent shall provide a copy to the Minister.

2007, c.20, s.21; 2016, c.37, s.66

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

2017, c.14, s.2

Definitions

2017, c.14, s.2

94.01The following definitions apply in this Part.

“adopted person” includes a person who belongs to the class of persons referred to in paragraph 23(b) of the Vital Statistics Act.(personne adoptée)

“adoption” includes the placing for adoption of persons who belong to the class of persons referred to in paragraph 23(b) of the Vital Statistics Act.(adoption)

“contact preference” means a document that sets out the preferences of the person who provides the contact preference regarding contact with another person. (acceptation limitée de prise de contact)

“disclosure veto” means a document that prohibits the disclosure of identifying information about the person who provides the disclosure veto. (refus de divulgation)

“identifying information” means information that reveals the identity of a person.(renseignement identificatoire)

“Minister” Repealed: 2019, c.2, s.54

“non-identifying information” means information that does not reveal the identity of a person such as year of birth, ethnic origin, physical description, education level, religion and health history.(renseignement non identificatoire)

“undertaking” means a document that is signed by a person and that states that he or she agrees to abide by the terms of a contact preference. (engagement)

2017, c.14, s.2; 2019, c.2, s.54

Confidential records and documents

2017, c.14, s.2

94.02(1)Subject to this Part, all records and documents relating to the adoption of any person on file with the court and with the Registrar General of Vital Statistics are confidential.

94.02(2)All records and documents relating to the adoption of any person on file with the court shall be made available to the Minister who shall have the right to make copies of the records and documents as he or she considers fit.

94.02(3)All records and documents relating to the adoption of any person and held by a religious, medical or social service agency or facility shall be provided to the Minister on his or her request.

94.02(4)Subject to this Part, all records and documents in the possession of the Minister relating to the adoption of any person are confidential.

94.02(5)The Minister may provide a copy of an openness agreement relating to the adoption of a person to any party to the agreement and to the adopted person.

2017, c.14, s.2

Post-adoption register

2017, c.14, s.2

94.03The Minister shall establish a post-adoption register for the purposes of this Part and shall appoint an appropriate employee as Registrar to administer the register.

2017, c.14, s.2

Disclosure of non-identifying information

2017, c.14, s.2

94.04(1)A person may apply to the Minister for the disclosure of non-identifying information relating to an adoption.

94.04(2)The Minister may disclose non-identifying information to the following persons:

(a) an adopted person who is at least 19 years of age;

(b) an adopted person who is under 19 years of age with the consent of an adopting parent;

(c) an adopting parent;

(d) a birth parent; or

(e) any other person who has, in the opinion of the Minister, an interest in the matter and a reason acceptable to the Minister.

94.04(3)Despite paragraph (2)(b), the Minister may disclose non-identifying information to an adopted person who is under 19 years of age without the consent of an adopting parent if the Minister is satisfied that special circumstances justify the disclosure of the information.

2017, c.14, s.2

Disclosure of identifying information

2017, c.14, s.2

94.05(1)A person may apply to the Minister for the disclosure of identifying information relating to an adoption.

94.05(2)The Minister may disclose identifying information to the following persons:

(a) an adopted person who is at least 19 years of age;

(b) an adopted person who is under 19 years of age with the consent of an adopting parent;

(c) an adopting parent;

(d) a birth parent; or

(e) any other person who has, in the opinion of the Minister, an interest in the matter and a reason acceptable to the Minister.

94.05(3)Despite paragraph (2)(b), the Minister may disclose identifying information to an adopted person who is under 19 years of age without the consent of an adopting parent if the Minister is satisfied that special circumstances justify the disclosure of the information.

94.05(4)Despite any other provision in this Part, the Minister may disclose identifying information to the persons referred to in subsections (2) and (3) in the following circumstances:

(a) it is necessary to avoid a situation in which a person, having obtained identifying information from another source, contacts a birth parent or an adopted person without the prior preparation of the person contacted;

(b) it is necessary to settle an estate;

(c) it is necessary for the preparation of a medical or psychological history for purposes of treatment;

(d) the Minister is satisfied that special circumstances justify the disclosure of the information; or

(e) the Minister is satisfied that all persons who will be directly affected by the disclosure of information have consented to its disclosure and that there is no compelling reason in the public interest to refuse the application.

94.05(5)Subject to paragraphs (4)(a) to (d) and despite paragraph (4)(e), subsections 94.07(3) and (4) and subsections 94.08(4) and (5), the Minister shall not disclose identifying information about an adopted person or a birth parent if the Minister or the birth parent placed more than one child of the birth parent for adoption with the same adopting parents and one or more of the children are under 19 years of age.

94.05(6)If the Minister discloses identifying information to an applicant under this section, the Minister shall also provide a copy of a contact preference, if any.

94.05(7)If a copy of a contact preference is provided under subsection (6), the applicant shall sign an undertaking under subsection 94.2(6).

2017, c.14, s.2

Past adoptions – disclosure veto

2017, c.14, s.2

94.06(1)In the case of an adoption effected before April 1, 2018, the following persons may provide a disclosure veto to the Minister on a form provided by the Minister:

(a) an adopted person who is at least 18 years of age; and

(b) a birth parent.

94.06(2)A disclosure veto that a person may provide under subsection (1) may include the following information:

(a) an explanation for the person’s preferences regarding disclosure;

(b) a summary of any available information about the medical and social history of the person and his or her family; and

(c) any other relevant non-identifying information.

94.06(3)On receiving a disclosure veto that meets the requirements of this Part, the Minister shall file the disclosure veto on the post-adoption register.

94.06(4)A disclosure veto shall not be effective and shall not be filed by the Minister on the post-adoption register if it would conflict with the terms of an openness agreement.

94.06(5)A person who provides a disclosure veto may modify or cancel the disclosure veto by notifying the Minister on a form provided by the Minister.

94.06(6)A person who provides a disclosure veto or who modifies or cancels a disclosure veto shall provide proof of his or her identity satisfactory to the Minister.

94.06(7)A disclosure veto shall be cancelled by the Minister one year after the death of the person who provided the disclosure veto if the Minister is provided with proof satisfactory to the Minister of the death of the person.

2017, c.14, s.2

Past adoptions – disclosure of identifying information

2017, c.14, s.2

94.07(1)In the case of an adoption effected before April 1, 2018, an adopted person who is at least 19 years of age or a birth parent may apply to the Minister for the disclosure of identifying information about the other person.

94.07(2)A person who applies to the Minister for the disclosure of identifying information shall provide proof of his or her identity satisfactory to the Minister.

94.07(3)The Minister may disclose identifying information about an adopted person if the adopted person

(a) is at least 19 years of age, and

(b) the application under subsection (1) is made on or after April 1, 2018, and the adopted person has not provided a disclosure veto to the Minister.

94.07(4)The Minister may disclose identifying information about a birth parent if the application under subsection (1) is made on or after April 1, 2018, and the birth parent has not provided a disclosure veto to the Minister.

94.07(5)If the Minister discloses identifying information to an applicant under this section, the Minister shall also provide a copy of a contact preference, if any.

94.07(6)If a copy of a contact preference is provided under subsection (5), the applicant shall sign an undertaking under subsection 94.2(6).

2017, c.14, s.2

Future adoptions – disclosure of identifying information

2017, c.14, s.2

94.08(1)In the case of an adoption effected on or after April 1, 2018, if the adopted person is not a child placed by the Minister under section 70 or an adult, the birth parents shall complete a form provided by the Minister acknowledging that when the adopted person is 19 years of age, identifying information about the adopted person and the birth parents may be disclosed in accordance with this section.

94.08(2)In the case of an adoption effected on or after April 1, 2018, an adopted person who is at least 19 years of age or a birth parent may apply to the Minister for the disclosure of identifying information about the other person.

94.08(3)A person who applies to the Minister for the disclosure of identifying information shall provide proof of his or her identity satisfactory to the Minister.

94.08(4)The Minister shall disclose identifying information about an adopted person or a birth parent unless

(a) there is a court order that prohibits contact between the adopted person and the birth parent, or

(b) there is a compelling reason in the public interest to refuse the application, as determined by the Minister.

94.08(5)The Minister shall only disclose identifying information about an adopted person if the adopted person is at least 19 years of age.

94.08(6)If the Minister discloses identifying information to an applicant under this section, the Minister shall also provide a copy of a contact preference, if any.

94.08(7)If a copy of a contact preference is provided under subsection (6), the applicant shall sign an undertaking under subsection 94.2(6).

2017, c.14, s.2

Contact by the Minister

2017, c.14, s.2

94.09If an application is made to the Minister under this Part, the Minister may make contact with any person on a confidential basis to

(a) attempt to obtain information relating to the application, or

(b) arrange contact between the applicant and the person contacted.

2017, c.14, s.2

Documents with the Registrar General

2017, c.14, s.2

94.1(1)An adopted person or a birth parent may apply to the Minister for a statement of original registration of birth referred to in the Vital Statistics Act and a copy of an order, judgment or decree kept on the special register under that Act.

94.1(2)The Minister may require that the Registrar General of Vital Statistics issue a statement of original registration of birth and a copy of an order, judgment or decree to an applicant under subsection (1), if the applicant meets the requirements of this Part.

2017, c.14, s.2

Contact preference

2017, c.14, s.2

94.2(1)The following persons may provide a contact preference to the Minister on a form provided by the Minister:

(a) an adopted person who is at least 18 years of age; and

(b) a birth parent.

94.2(2)A contact preference that a person may provide under subsection (1) may include the following information:

(a) a description of the person’s preferences regarding contact;

(b) an explanation for the person’s preferences regarding contact;

(c) a summary of any available information about the medical and social history of the person and his or her family; and

(d) any other relevant non-identifying information.

94.2(3)On receiving a contact preference that meets the requirements of this Part, the Minister shall file the contact preference on the post-adoption register.

94.2(4)A person who provides a contact preference may modify or cancel the contact preference by notifying the Minister on a form provided by the Minister.

94.2(5)A person who provides a contact preference or who modifies or cancels a contact preference shall provide proof of his or her identity satisfactory to the Minister.

94.2(6)Any person who is provided with a contact preference under this Part shall sign an undertaking stating that he or she shall not

(a) knowingly contravene any term set out in the contact preference,

(b) procure another person to contravene any term set out in the contact preference,

(c) use the information obtained to intimidate or harass the person who provided the contact preference,

(d) procure another person to intimidate or harass the person who provided the contact preference, or

(e) publish any identifying information about the person who provided the contact preference.

2017, c.14, s.2

Death of an adopted person or a birth parent

2017, c.14, s.2

94.3(1)After the death of an adopted person or a birth parent, a child of the adopted person or birth parent may apply to the Minister for the disclosure of identifying information relating to an adoption.

94.3(2)The Minister may disclose identifying information under this Part to the following persons:

(a) if an adopted person is deceased, a child of the adopted person who is at least 19 years of age, and

(b) if a birth parent is deceased, a child of the birth parent who is at least 19 years of age.

2017, c.14, s.2

Sharing of information

2017, c.14, s.2

94.4(1)The Minister may disclose non-identifying and identifying information relating to an adoption to the Registrar General of Vital Statistics for the purposes of subsection 24(5) of the Vital Statistics Act.

94.4(2)The Minister may enter into an agreement with an adoption authority in another jurisdiction respecting the sharing of information.

94.4(3)Under an agreement entered into under subsection (2), the Minister may disclose non-identifying and identifying information if it is necessary

(a) to enable the Minister to determine if a disclosure veto or contact preference has been filed in that jurisdiction, or

(b) to enable the adoption authority to determine if a disclosure veto or contact preference has been filed under this Part.

94.4(4)An agreement under subsection (2) shall provide reasonable safeguards

(a) to protect the confidentiality and security of any confidential information that the Minister discloses, and

(b) to ensure that confidential information will be used only for the purposes for which it was disclosed.

94.4(5)If an adopted person who is aboriginal or his or her adopting parent makes a request to the Minister, the Minister may disclose non-identifying and identifying information about the adopted person or his or her birth parents and any other information that the Minister considers relevant to the Registrar under the Indian Act (Canada) or to the appropriate federal or provincial official for the purpose of determining entitlement to registration as an Indian under that Act or to benefits as an aboriginal person.

94.4(6)The Minister may disclose information in accordance with this section without consent and despite a disclosure veto having been provided under this Part.

2017, c.14, s.2

Persons with an interest

2017, c.14, s.2

94.5(1)A person who is at least 19 years of age and who has, in the opinion of the Minister, an interest in an adoption but who is not the adopted person or a birth parent may register his or her name and contact information on the post-adoption register and, by doing so, consents to the disclosure of that identifying information to the adopted person and the birth parents.

94.5(2)The Minister may disclose identifying information about a person who registers on the post-adoption register under subsection (1) to the adopted person who is at least 19 years of age and the birth parents.

2017, c.14, s.2

Offences re disclosure, undertakings

2017, c.14, s.2

94.6(1)A person with access to records or documents relating to adoptions, who discloses information on any adoption otherwise than in compliance with this Part commits an offence.

94.6(2)A person who is provided with a contact preference and who signs an undertaking commits an offence if the person

(a) knowingly contravenes any term set out in the contact preference,

(b) procures another person to contravene any term set out in the contact preference,

(c) uses the information obtained to intimidate or harass the person who provided the contact preference,

(d) procures another person to intimidate or harass the person who provided the contact preference, or

(e) publishes identifying information about the person who provided the contact preference.

2017, c.14, s.2

Offences re payment, general

95(1)Subject to subsection (5), no person, whether before or after the birth of a child, shall make, give or receive or agree to make, give or receive a payment or reward or favour for or in consideration of or in relation to

(a) the adoption or proposed adoption of a child;

(b) the giving of consent or the signing of an adoption consent to the adoption of a child;

(c) the placement of the child with a view to the adoption of the child; or

(d) the conduct of negotiations or the making of arrangements with a view to the adoption of the child.

95(2)Any person who violates subsection (1) commits an offence.

95(3)Proceedings in respect of an offence under this section may be commenced at any time within six years after the alleged violation.

95(4)Where the Minister has reasonable grounds to suspect that any person has violated subsection (1), the Minister may, in addition to any action he may take with respect to prosecution, require any professional society, association or other organization authorized under the laws of the Province to regulate the professional activities of the person, to cause an investigation to be made into the matter.

95(5)A community social service agency or social service agency may charge the fees set out in its contract with the Minister for providing services to assist the Minister to carry out his or her responsibilities under this Part.

1990, c.22, s.13; 2007, c.20, s.24; 2016, c.37, s.66

Advertisement prohibited

95.1(1)No person shall publish or cause to be published in any form or by any means an advertisement concerning the placement or adoption of a child.

95.1(2)Subsection (1) does not apply to the publication of

(a) a notice under the authority of a court order;

(b) a notice or advertisement authorized by the Minister;

(c) an announcement of an adoption placement or adoption of a child;

(d) other forms of advertising specified by the regulations.

95.1(3)Proceedings in respect of an offence under this section may be commenced at any time within six years after the alleged violation.

2007, c.20, s.25; 2016, c.37, s.66

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 V 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.

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 Queen’s Bench of New Brunswick

98(1)The court having jurisdiction for the purposes of sections 100 and 101 is The Court of Queen’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.

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

139(1)Where a person is charged with an offence under this Act involving a child who is alleged in the information to be under a specified age,

(a) testimony of a parent of the child as to the age of the child is admissible as evidence of the age of the child,

(b) an original or a copy of a birth or baptismal certificate purporting to be certified under the hand of the person in whose custody such records are held is evidence of the age of the child named in the certificate or copy, and

(c) an entry or record of an incorporated society that has had the control or care of the child at or about the time the child came to Canada is evidence of the age of that child, if the entry or record was made before the time when the offence is alleged to have been committed.

139(2)The judge may receive and act upon any other information relating to age that the judge considers reliable if it is impracticable to obtain a certificate, copy, entry or record mentioned in subsection (1).

139(3)In any proceedings referred to in subsection (1), the judge may draw inferences as to the age of the child from the child’s appearance or from statements made by the child in direct examination or cross-examination.

1987, c.4, s.6; 1997, c.2, s.24

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, Her Majesty the Queen in right of the Province may maintain an action in her own name 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),

Her Majesty the Queen in right of the Province may maintain an action in her own name 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 Her Majesty 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), Her Majesty the Queen in right of the Province may continue the action or maintain an action in her own name 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 Her Majesty the Queen 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 Her Majesty 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 Her Majesty 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

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) prescribing age groups for the purpose of the definition of “child in care”;

(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) defining “mediation” and “family group conference” for the purposes of section 31.1;

(d.2) respecting mediation and family group conferences for the purposes of section 31.1;

(d.3) respecting concurrent plans for the purpose of subsection 31.1(1.1);

(d.4) establishing standards for the purposes of subsection 31.2(1);

(d.5) prescribing eligibility conditions for assistance under subsection 31.2(2);

(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) respecting the Minister’s responsibility for any damage, loss or injury caused by a child in care;

(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) prescribing conditions of eligibility for assistance under section 72;

(m) respecting the accountability of the Minister under subsection 4(3);

(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 Her Majesty 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 children in care and adults under the supervision of the Minister;

(ff) defining “special needs” and “special circumstances” for the purpose of subsection 48(3);

(gg) respecting the transfer of custody and guardianship of children to and from the Minister;

(gg.1) respecting the provision of care and support provided by the Minister for the purposes of subsection 49(5);

(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) establishing criteria for the purposes of subsection 67(2);

(hh.2) respecting health and social histories to be prepared for the purposes of subsection 75(3);

(ii) respecting the participation in and use of adoption resource exchanges;

(jj) Repealed: 2017, c.14, s.2

(kk) Repealed: 2017, c.14, s.2

(ll) defining “special circumstances” for the purposes of subsections 94.04(3) and 94.05(3) and paragraph 94.05(4)(d);

(mm) Repealed: 2017, c.14, s.2

(mm.1) specifying forms of advertisement to which section 95.1 does not apply;

(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) establishing guidelines respecting the making of an order for child support or an order for the support of a child at or over the age of majority including, without limiting the generality of the foregoing, guidelines

(i) respecting the way in which the amount of an order for child support or an order for the support of a child at or over the age of majority is to be determined;

(ii) respecting the circumstances in which discretion may be exercised in the making of an order for child support or an order for the support of a child at or over the age of majority;

(iii) respecting, for the purposes of subsection 118(2), the circumstances that constitute a change of circumstances;

(iv) respecting the determination of income for the purposes of the application of the guidelines;

(v) authorizing a court to impute income for the purposes of the application of the guidelines; and

(vi) respecting the production of income information and providing for sanctions when that information is not provided;

(oo) respecting the disclosure of financial information under section 120;

(oo.1) defining “provincial enforcement service” and “provincial information bank” for the purposes of section 122.1;

(oo.2) designating provincial information banks for the purposes of section 122.1;

(oo.3) respecting the making of an application under subsection 122.1(2) and (10);

(oo.4) respecting the information and documentation to accompany an application made under subsections 122.1(2) and (10);

(oo.5) respecting the information that may be released under section 122.1;

(oo.6) respecting the release of information under section 122.1;

(oo.7) respecting the procedure to be followed upon the release of information under section 122.1;

(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) prescribing the requirements as to form with respect to agreements under section 134 and the manner of the filing thereof;

(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

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
Column I Section		Column II Category of Offence

	10(2)..............		E
	11(7)..............		F
	12..............		F
	13..............		F
	22(5)..............		E
	26(3)..............		E
	27(5)..............		E
	30(3)..............		F
	30(5.1)..............		F
	30(7)..............		H
	31(3)..............		H
	31(4)..............		F
	39(3)..............		H
	58(6)..............		H
	67(2.1)..............		E
	69(4)..............		E
	73(1)..............		E
	73(2)..............		E
	73(3)..............		E
	77(5)..............		E
	94.6(1)..............		E
	94.6(2)..............		E
	95(2)..............		F
	95.1(1)..............		E

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

N.B. This Act was proclaimed and came into force September 1, 1981.

N.B. This Act is consolidated to March 1, 2021.

F-2.2 - Family Services Act

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