Acts and Regulations

E-0.5 - Early Childhood Services Act

Full text
Investigations
2012, c.22, s.5
2.2(1)If the Minister has reason to believe that a program provided by an agency may be of inadequate quality or may be dangerous, destructive or damaging to a recipient of the program, the Minister may conduct such investigation of the agency as the Minister considers necessary.
2.2(2)During an investigation, the Minister may
(a) at any reasonable hour enter any premises from which an agency provides the program or keeps its records relating to the program,
(b) examine any record or document of the agency, and
(c) interview employees of the agency and recipients of the program.
2.2(3)No person shall obstruct or interfere with the Minister who is carrying out or attempting to carry out an investigation under this section.
2.2(4)After an investigation has been conducted, the Minister may order the agency in writing to do any of the following:
(a) take corrective action recommended by the Minister;
(b) suspend the provision of the program until the corrective action is complied with; or
(c) terminate provision of the program.
2.2(5)The Minister shall serve an order under subsection (4) by personal service on the owner or person in charge of the agency.
2.2(6)The Minister may, without notice and without compensation to the agency, terminate any contract entered into with an agency and may cancel resources provided or undertaken to be provided if an owner or person in charge of an agency
(a) commits an offence under subsection (3),
(b) fails or refuses to comply with an order issued under paragraph (4)(a) or (b), or
(c) is subject to an order under paragraph (4)(c).
2.2(7)If the Minister terminates a contract under subsection (6), the Minister is entitled to compensation from the agency in an amount equal to the value of any resources provided to the agency under paragraph 2.1(d) during the year before the committal of an offence under subsection (3) or the issuing of an order under subsection (4).
2.2(8)If default has been made in payment of the amount referred to in subsection (7), the Minister may issue a certificate to that effect, stating the amount due and payable including interest, if any, and the name of the person from whom the amount is due and payable and that amount shall constitute a debt due to the Crown in right of the Province.
2.2(9)A certificate issued under subsection (8) may be filed in The Court of King’s Bench of New Brunswick and when filed, becomes a judgment of the court and may be enforced as a judgment obtained in the court by the Crown in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.
2.2(10)All reasonable costs and charges respecting the filing, entering and recording of a certificate under subsection (9) shall be recovered in the same manner as if the amount had been included in the certificate.
2012, c.22, s.5; 2021, c.1, s.3; 2023, c.17, s.61
Investigations
2012, c.22, s.5
2.2(1)If the Minister has reason to believe that a program provided by an agency may be of inadequate quality or may be dangerous, destructive or damaging to a recipient of the program, the Minister may conduct such investigation of the agency as the Minister considers necessary.
2.2(2)During an investigation, the Minister may
(a) at any reasonable hour enter any premises from which an agency provides the program or keeps its records relating to the program,
(b) examine any record or document of the agency, and
(c) interview employees of the agency and recipients of the program.
2.2(3)No person shall obstruct or interfere with the Minister who is carrying out or attempting to carry out an investigation under this section.
2.2(4)After an investigation has been conducted, the Minister may order the agency in writing to do any of the following:
(a) take corrective action recommended by the Minister;
(b) suspend the provision of the program until the corrective action is complied with; or
(c) terminate provision of the program.
2.2(5)The Minister shall serve an order under subsection (4) by personal service on the owner or person in charge of the agency.
2.2(6)The Minister may, without notice and without compensation to the agency, terminate any contract entered into with an agency and may cancel resources provided or undertaken to be provided if an owner or person in charge of an agency
(a) commits an offence under subsection (3),
(b) fails or refuses to comply with an order issued under paragraph (4)(a) or (b), or
(c) is subject to an order under paragraph (4)(c).
2.2(7)If the Minister terminates a contract under subsection (6), the Minister is entitled to compensation from the agency in an amount equal to the value of any resources provided to the agency under paragraph 2.1(d) during the year before the committal of an offence under subsection (3) or the issuing of an order under subsection (4).
2.2(8)If default has been made in payment of the amount referred to in subsection (7), the Minister may issue a certificate to that effect, stating the amount due and payable including interest, if any, and the name of the person from whom the amount is due and payable and that amount shall constitute a debt due to Her Majesty in right of the Province.
2.2(9)A certificate issued under subsection (8) may be filed in The Court of Queen’s Bench of New Brunswick and when filed, becomes a judgment of the court and may be enforced as a judgment obtained in the court by Her Majesty in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.
2.2(10)All reasonable costs and charges respecting the filing, entering and recording of a certificate under subsection (9) shall be recovered in the same manner as if the amount had been included in the certificate.
2012, c.22, s.5; 2021, c.1, s.3
Investigations
2012, c.22, s.5
2.2(1)If the Minister has reason to believe that a program provided by an agency may be of inadequate quality or may be dangerous, destructive or damaging to a recipient of the program, the Minister may conduct such investigation of the agency as he or she considers necessary.
2.2(2)During an investigation, the Minister may
(a) at any reasonable hour enter any premises from which an agency provides the program or keeps its records relating to the program,
(b) examine any record or document of the agency, and
(c) interview employees of the agency and recipients of the program.
2.2(3)No person shall obstruct or interfere with the Minister who is carrying out or attempting to carry out an investigation under this section.
2.2(4)After an investigation has been conducted, the Minister may order the agency in writing to do any of the following:
(a) take corrective action recommended by the Minister;
(b) suspend the provision of the program until the corrective action is complied with; or
(c) terminate provision of the program.
2.2(5)The Minister shall serve an order under subsection (4) by personal service on the owner or person in charge of the agency.
2.2(6)The Minister may, without notice and without compensation to the agency, terminate any contract entered into with an agency and may cancel resources provided or undertaken to be provided if an owner or person in charge of an agency
(a) commits an offence under subsection (3),
(b) fails or refuses to comply with an order issued under paragraph (4)(a) or (b), or
(c) is subject to an order under paragraph (4)(c).
2.2(7)If the Minister terminates a contract under subsection (6), the Minister is entitled to compensation from the agency in an amount equal to the value of any resources provided to the agency under paragraph 2.1(d) during the year before the committal of an offence under subsection (3) or the issuing of an order under subsection (4).
2.2(8)If default has been made in payment of the amount referred to in subsection (7), the Minister may issue a certificate to that effect, stating the amount due and payable including interest, if any, and the name of the person from whom the amount is due and payable and that amount shall constitute a debt due to Her Majesty in right of the Province.
2.2(9)A certificate issued under subsection (8) may be filed in The Court of Queen’s Bench of New Brunswick and when filed, becomes a judgment of the court and may be enforced as a judgment obtained in the court by Her Majesty in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.
2.2(10)All reasonable costs and charges respecting the filing, entering and recording of a certificate under subsection (9) shall be recovered in the same manner as if the amount had been included in the certificate.
2012, c.22, s.5
Investigations
2012, c.22, s.5
2.2(1)If the Minister has reason to believe that a program provided by an agency may be of inadequate quality or may be dangerous, destructive or damaging to a recipient of the program, the Minister may conduct such investigation of the agency as he or she considers necessary.
2.2(2)During an investigation, the Minister may
(a) at any reasonable hour enter any premises from which an agency provides the program or keeps its records relating to the program,
(b) examine any record or document of the agency, and
(c) interview employees of the agency and recipients of the program.
2.2(3)No person shall obstruct or interfere with the Minister who is carrying out or attempting to carry out an investigation under this section.
2.2(4)After an investigation has been conducted, the Minister may order the agency in writing to do any of the following:
(a) take corrective action recommended by the Minister;
(b) suspend the provision of the program until the corrective action is complied with; or
(c) terminate provision of the program.
2.2(5)The Minister shall serve an order under subsection (4) by personal service on the owner or person in charge of the agency.
2.2(6)The Minister may, without notice and without compensation to the agency, terminate any contract entered into with an agency and may cancel resources provided or undertaken to be provided if an owner or person in charge of an agency
(a) commits an offence under subsection (3),
(b) fails or refuses to comply with an order issued under paragraph (4)(a) or (b), or
(c) is subject to an order under paragraph (4)(c).
2.2(7)If the Minister terminates a contract under subsection (6), the Minister is entitled to compensation from the agency in an amount equal to the value of any resources provided to the agency under paragraph 2.1(d) during the year before the committal of an offence under subsection (3) or the issuing of an order under subsection (4).
2.2(8)If default has been made in payment of the amount referred to in subsection (7), the Minister may issue a certificate to that effect, stating the amount due and payable including interest, if any, and the name of the person from whom the amount is due and payable and that amount shall constitute a debt due to Her Majesty in right of the Province.
2.2(9)A certificate issued under subsection (8) may be filed in The Court of Queen’s Bench of New Brunswick and when filed, becomes a judgment of the court and may be enforced as a judgment obtained in the court by Her Majesty in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.
2.2(10)All reasonable costs and charges respecting the filing, entering and recording of a certificate under subsection (9) shall be recovered in the same manner as if the amount had been included in the certificate.
2012, c.22, s.5