|This Act has "Not in Force" sections. See the Table of Legislative Changes.|
Assented to May 18, 2006
|Part 1 — Interpretation|
|Part 2 — Appointment of Representative|
|2||Appointment of Representative for Children and Youth|
|4||Resignation, removal or suspension of representative|
|5||Appointment of acting representative|
|Part 3 — Representative's Functions and General Powers|
|6||Functions of representative|
|8||Power to delegate|
|9||No power to act as legal counsel|
|10||Right to information|
|Part 4 — Reviews and Investigations of Critical Injuries and Deaths|
|11||Reviews of critical injuries and deaths|
|12||Investigations of critical injuries and deaths|
|13||Jurisdiction of representative in investigations|
|14||Power to compel persons to answer questions and order disclosure|
|14.1||Contempt proceeding for uncooperative person|
|15.1||Consultation, disclosure and recommendations|
|16||Reports after reviews and investigations|
|Part 5 — Administrative and General Provisions|
|18||Preparation of estimates for appropriation purposes|
|21||Other financial requirements|
|24||Privileges respecting communications and information|
|25||Personal liability protection|
|26||Communication by child|
|27||Protection for persons giving information to or assisting representative|
|29||Power to make regulations|
|30||Review of the Act|
|Part 6 — Transitional Provisions|
|30.1||Transfer of records|
1 In this Act:
"child" means a person under 19 years of age;
"critical injury" means an injury to a child that may
"designated services" means any of the following services or programs for children and their families provided under an enactment or provided or funded by the government:
(a) services or programs under the Adoption Act, the Child Care BC Act, the Child Care Subsidy Act, the Child, Family and Community Service Act, the Community Living Authority Act and the Youth Justice Act;
"director" means a director designated under the Child, Family and Community Service Act;
"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act, but includes contact information as defined in that Act;
"public body" has the same meaning as in the Freedom of Information and Protection of Privacy Act;
"representative" means the Representative for Children and Youth appointed under section 2 and, other than in sections 2 (1), (3) and (4), 4 (2) and (3) and 5, includes a person appointed under section 5 to act as the Representative for Children and Youth;
"reviewable services" means any of the following designated services:
"special committee" means a special committee of the Legislative Assembly;
"standing committee" means, except in sections 18 and 21, the Select Standing Committee on Children and Youth;
"youth" means a person who is 16 years of age or older but is under 19 years of age.
(2) The public service plan as defined in section 1 (1) of the Public Sector Pension Plans Act applies to the representative.
(2) By a resolution passed by 2/3 or more of the members present in the Legislative Assembly, the representative, for cause or incapacity, may be suspended from office, with or without salary, or removed from office.
(3) If the Legislative Assembly is not sitting and is not scheduled to sit within 5 days, the standing committee may suspend, by unanimous resolution, the representative for cause or incapacity, with or without salary, for a period that must be set by the standing committee to end not later than on the expiry of a further 20 sitting days of the Legislative Assembly.
5 (1) If the representative is suspended, the office is vacant or the representative is temporarily absent because of illness or another reason, the Legislative Assembly, on the recommendation of the standing committee, may appoint an acting representative to exercise the powers and perform the functions and duties of the representative until whichever of the following is the case and occurs first:
(2) If the representative is suspended, the office is vacant or the representative is temporarily absent because of illness or another reason, and if the Legislative Assembly is not sitting and is not scheduled to sit within 5 days, the standing committee may appoint an acting representative to exercise the powers and perform the functions and duties of the representative until whichever of the following is the case and occurs first:
(i) providing information and advice to young adults and their families about how to effectively access prescribed services and programs and how to become effective self-advocates with respect to those services and programs,
(b) monitor, review, audit and conduct research on the provision of a designated service by a public body or director for the purpose of making recommendations to improve the effectiveness and responsiveness of that service, and comment publicly on any of these functions;
7 (1) The representative, in accordance with the Public Service Act, may appoint
(2) Before appointing a deputy representative under subsection (1) (a), the representative must consider the skills, qualifications and experience of the person, including the person's understanding of or involvement in the lives of aboriginal children and their families in British Columbia.
(3) For the purpose of the application of the Public Service Act to subsection (1) of this section, the representative is deemed to be a deputy minister.
(4) The representative may retain consultants, experts, specialists, or other persons that the representative considers necessary to enable or assist the representative to exercise the powers or perform the functions or duties under this Act.
(5) The representative may establish the remuneration and other terms and conditions of a person retained under subsection (4) and the Public Service Act does not apply in respect of that person.
8 (1) The representative may delegate, in writing, to a person or class of persons any power, function or duty of the representative under this Act, subject to terms and conditions the representative considers appropriate, except the power
(4) A person purporting to exercise a power or perform a function or duty of the representative through a delegation under this section must produce, on request, evidence of the person's authority to exercise the power or perform the function or duty.
9 The representative may not act as legal counsel in person or by agent.
10 (1) In this section, "officer of the Legislature" has the same meaning as in the Freedom of Information and Protection of Privacy Act, but does not include the representative.
(b) any other enactment, other than a restriction in section 51 of the Evidence Act.
11 (1) After a public body responsible for the provision of a reviewable service becomes aware of a critical injury or death of a child who was receiving, or whose family was receiving, the reviewable service at the time of, or in the year previous to, the critical injury or death, the public body must provide information respecting the critical injury or death to the representative for a review under subsection (3).
(2) For the purposes of subsection (1), the public body may compile the information relating to one or more critical injuries or deaths and provide that information to the representative in time intervals agreed to between the public body and the representative.
(4) If, after completion of a review under subsection (3), the representative decides not to conduct an investigation under section 12, the representative may disclose the results of the review to the public body, or the director, responsible for the provision of the reviewable service that is the subject of the review.
12 (1) The representative may investigate the critical injury or death of a child if, after the completion of a review of the critical injury or death of the child under section 11, the representative determines that
(i) was, or may have been, due to one or more of the circumstances set out in section 13 (1) of the Child, Family and Community Service Act,
13 Despite section 12, this Act does not authorize the representative to investigate the critical injury or death of a child
(A) reported to the chief coroner under section 15 or 16 of the Coroners Act, and
(B) the chief coroner indicates to the coroner, under section 44 (1) (b) of the Coroners Act, that the chief coroner has no further directions in respect of the death,
(ii) the date on which a coroner sends, under section 22 (2) of the Coroners Act, notice of an inquest to a sheriff, directing the sheriff to summon a jury for that purpose, and
(c) if a public body, or a director, responsible for the provision of a reviewable service has, at the time of the critical injury or death of the child, written procedures in place for investigating critical injuries or deaths and the public body or director investigates the critical injury or death of the child, until the earliest of
14.1 The failure or refusal of a person subject to an order under section 14 to do any of the following makes the person, on application to the Supreme Court by the representative, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:
15 In accordance with the regulations, the representative may establish and appoint the members of a multidisciplinary team to provide advice and guidance to the representative respecting the reviews and investigations of critical injuries and deaths of children conducted under this Part.
15.1 (1) At any time during or after an investigation under section 12, the representative may consult with a public body, director or person the representative considers appropriate in relation to the critical injury or death of the child.
(2) If during an investigation under section 12 the representative receives a request for consultation from a public body or director, the representative must consult with the public body or director in relation to the critical injury or death of the child.
16 (1) The representative may aggregate and analyze the information received from the reviews and investigations conducted under sections 11 and 12 and produce a report of the aggregated and analyzed information that does not contain information in individually identifiable form.
17 (1) For the 2008/2009 fiscal year of the government and for each subsequent fiscal year of the government, the representative must prepare a service plan that includes a statement of goals and identifies specific objectives and performance measures that will be required to exercise the powers and perform the functions and duties of the representative during that fiscal year.
(2) The representative must deliver a service plan described in subsection (1) to the Speaker before September 30 of the year immediately prior to the year to which the service plan applies, and the Speaker must lay the service plan before the Legislative Assembly and the standing committee as soon as possible after receiving it.
(2) For the 2008/2009 fiscal year of the government and for each subsequent fiscal year of the government, the representative must present to the standing committee an estimate of the resources, stated in a form suitable for inclusion in the main estimates, that will be required to exercise the powers and perform the functions and duties of the representative during that fiscal year.
(3) The standing committee must review and may adjust as it considers appropriate the estimate received under subsection (2) and must transmit the resulting estimate to the minister responsible for the Financial Administration Act.
(4) The estimate transmitted under subsection (3) is deemed to be recommended by the standing committee and must be included by the minister responsible for the Financial Administration Act as part of the main estimates for the fiscal year in respect of which the estimate was made and submitted to the Lieutenant Governor for recommendation to the Legislative Assembly.
and this report must include financial statements for the representative prepared in accordance with generally accepted accounting principles.
(2) In relation to subsection (1) (b), the report must compare actual results for the preceding fiscal year with the expected results identified in the service plan for the representative for that fiscal year.
21 (1) If required by the standing committee referred to in section 18 (1) or the minister responsible for the Financial Administration Act, the representative must submit financial reports and statements in the form, with the information and at the time the standing committee or the minister requests.
(2) The minister responsible for the Financial Administration Act may direct the Comptroller General to examine, and report to Treasury Board on, any or all of the financial and accounting operations of the representative.
(3) In accordance with the Auditor General Act, the Auditor General must audit the accounts of the representative at least once each year.
22 The representative may enter into an agreement for the purpose of exercising the powers and performing the functions and duties under this Act.
(2) Before beginning to exercise his or her powers and perform his or her functions and duties under this Act, each deputy representative appointed under section 7 (1) (a) must take an oath before the representative
(4) The representative and a person appointed, employed or retained by the representative under section 7 (1) or (4) or 15 must, except as specifically authorized under this Act, maintain confidentiality in respect of all matters that come to their knowledge in the exercise of powers and the performance of functions and duties under this Act.
(4.1) Despite any other provision of this Act except subsection (7) of this section, on the request of any person, the representative may disclose information, including personal information, if, in the opinion of the representative,
(a) the disclosure is necessary to confirm the representative is performing, has performed or intends to perform one or more of the functions set out in section 6 (1) (a) to (c) in respect of an individual, and
(5) The representative and a person appointed, employed or retained by the representative under section 7 (1) or (4) or 15 must not give or be compelled to give evidence in a court or in proceedings of a judicial nature in respect of any matter coming to their knowledge in the exercise of powers and the performance of functions and duties under this Act, except
(7) Subject to subsections (5) and (8) (a), the representative and a person appointed, employed or retained by the representative under section 7 (1) or (4) or 15 must not disclose information that could reasonably be expected to reveal the identity of a person who has made a report under section 14 of the Child, Family and Community Service Act.
24 A person has the same privileges in relation to giving information, answering questions or producing documents or things to the representative, or to a person appointed, employed or retained under section 7 (1) or (4), relating to a review or an investigation under Part 4 as the person would have with respect to a proceeding in a court.
because of anything done or omitted in the exercise or intended exercise of any power under this Act or in the performance or intended performance of any function or duty under this Act.
(3) Subsection (1) does not absolve the government from vicarious liability arising out of anything done or omitted by a person referred to in that subsection for which the government would be vicariously liable if this section were not in force.
(4) The government must indemnify any person referred to in subsection (1) for any costs or expenses incurred by the person in any legal proceedings taken against the person for anything done or omitted in good faith as described in subsection (1).
26 (1) If a child in a foster home, group home, facility or other place in which a designated service is provided asks to communicate with the representative, the person in charge of that place must immediately forward the request to the representative.
(2) If a child in a foster home, group home, facility or other place in which a designated service is provided writes a letter addressed to the representative, the person in charge of that place must immediately forward the letter unopened to the representative.
27 A person must not discharge, suspend, expel, intimidate, coerce, evict or impose a financial or other penalty on or otherwise discriminate against another person because the other person gives information to the representative or otherwise assists the representative in an investigation or other proceeding under this Act.
(2) Section 5 of the Offence Act does not apply to this Act.
29 (1) The Lieutenant Governor in Council may make regulations authorized by section 41 of the Interpretation Act.
30 (1) To determine whether the functions of the representative described in section 6 are still required to ensure that the needs of children, and young adults as defined in that section, are met, the standing committee, before April 1, 2017, and at least once every 5 years after that, must undertake a comprehensive review of this Act or a review of portions of this Act.
(2) In addition to the comprehensive review required under subsection (1), the standing committee must also complete, by April 1, 2015, an assessment of the effectiveness of section 6 (1) (b) in ensuring that the needs of children are met.
30.1 (1) On the repeal of the Office for Children and Youth Act, all records obtained under that Act must be transferred to the representative, including, but not limited to, all records originally produced under the Child, Youth and Family Advocacy Act or the Children's Commission Act.
[Note: See Table of Legislative Changes for the status of sections 31 to 37.]
|31–34||Child, Family and Community Service Act|
|35–36||Freedom of Information and Protection of Privacy Act|
|37||Office for Children and Youth Act|
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