Bill 3 - An Act Respecting the Child, Youth, Senior and Mental Health Advocate

BILL 3

An Act Respecting the Child, Youth, Senior and Mental Health Advocate

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Child, Youth and Senior Advocate Act

1( 1) The title of the Child, Youth and Senior Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is repealed and the following is substituted:

Child, Youth, Senior
and Mental Health Advocate Act

1( 2) Section 1 of the Act is amended

(a) in the definition “Advocate” by striking out “Child, Youth and Senior Advocate” and substituting “Child, Youth, Senior and Mental Health Advocate”;

(b) in the definition “service” by striking out “and seniors” wherever it appears and substituting “, seniors and persons living with mental health challenges”;

“person living with mental health challenges” means a person of any age who is experiencing a cognitive, emotional or behavioural disturbance, including a mental disorder described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. (personne vivant avec des difficultés de santé mentale)

“young adult” means a person who is 19 years of age or older, but under the age of 26 years, and who, on the person’s nineteenth birthday, is eligible for social services under section 29 or 31 of the Child and Youth Well-Being Act. (jeune adulte)

1( 3) The heading “Office of the Child, Youth and Senior Advocate” preceding section 2 of the Act is repealed and the following is substituted:

Office of the Child, Youth, Senior and Mental Health Advocate

1( 4) Section 2 of the Act is repealed and the following is substituted:

Office of the Child, Youth, Senior and Mental Health Advocate

2 There is established the Office of the Child, Youth, Senior and Mental Health Advocate, which office is charged with the following duties and responsibilities with respect to children, youths, adults under protection, seniors and persons living with mental health challenges:

(a) ensuring that their rights and interests are protected;

(b) ensuring that their views are heard and considered in appropriate forums where those views might not otherwise be advanced;

(c) ensuring that they have access to services and that their complaints about those services receive appropriate attention;

(d) providing information and advice to the government, government agencies and communities about the availability, effectiveness, responsiveness and relevance of services provided to them; and

(e) acting generally as an advocate for their rights and interests.

1( 5) Section 3 of the Act is amended

(a) in subsection (1) by striking out “Child, Youth and Senior Advocate” and substituting “Child, Youth, Senior and Mental Health Advocate”;

(b) in subsection (5) of the English version by striking out “his or her” and substituting “the Advocate’s”.

1( 6) The heading “Staff of Office of the Child, Youth and Senior Advocate” preceding section 11 of the Act is repealed and the following is substituted:

Staff of Office of the Child, Youth, Senior and Mental Health Advocate

1( 7) Section 11 of the Act is amended

(a) in subsection (2) of the English version by striking out “he or she” and substituting “the person”;

(b) in subsection (3) by striking out “Office of the Child, Youth and Senior Advocate” and substituting “Office of the Child, Youth, Senior and Mental Health Advocate”;

(c) in subsection (4) by striking out “Office of the Child, Youth and Senior Advocate” wherever it appears and substituting “Office of the Child, Youth, Senior and Mental Health Advocate”.

1( 8) Subsection 12(3) of the English version of the Act is amended by striking out “his or her” and substituting “the person’s”.

1( 9) Section 13 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

13( 1) In carrying out the functions and duties of the office of Advocate, the Advocate may do any of the following on petition to the Advocate or on the Advocate’s own initiative with respect to a child, youth, adult under protection, senior or person living with mental health challenges or a group of children, youths, adults under protection, seniors or persons living with mental health challenges:

(a) receive and review a matter relating to the person or group;

(b) advocate, mediate or use another dispute resolution process on behalf of the person or group;

(c) if advocacy, mediation or another dispute resolution process has not resulted in an outcome the Advocate considers satisfactory, conduct an investigation on behalf of the person or group;

(d) initiate and participate in, or assist the person or group in initiating and participating in, a case conference, administrative review, mediation or other process in which decisions are made about the services provided to the person or group;

(e) inform the public about the needs and rights of the person or group, including information about the Office of the Child, Youth, Senior and Mental Health Advocate; and

(f) make recommendations to the government or an authority about legislation, policies and practices respecting services to or the rights of the person or group.

(b) by adding after subsection (1) the following:

13( 1.1) Subsection (1) applies with the necessary modifications to a young adult or a group of young adults with respect to services provided by an authority that support young adults in their transition to adulthood.

13( 2.1) Despite subsection (1), the Advocate shall not act on behalf of a person living with mental health challenges in ongoing proceedings with respect to the following matters:

(a) a hearing before a tribunal or a review board under the Mental Health Act;

(b) a court proceeding respecting mental disorders under Part 20.1 of the Criminal Code (Canada) or Division 7 of Part 3 of the National Defence Act (Canada);

( i) an appointment of an attorney for property or an attorney for personal care within the meaning of the Enduring Powers of Attorney Act,

( ii) an application under the Supported Decision-Making and Representation Act, or

( iii) the administration of an estate under the Probate Court Act.

1( 10) Section 14 of the Act is amended

(a) by adding after subsection (2) the following:

14( 2.1) The Advocate shall not act under section 13 on behalf of a person living with mental health challenges in an ongoing matter in which any of the following persons is acting or has been acting:

(a) the Public Trustee under the Public Trustee Act; or

(b) a psychiatric patient advocate under the Mental Health Act.

(b) in subsection (3) of the English version by striking out “his or her” and substituting “the Advocate’s”.

1( 11) The heading “Communication from child or youth” preceding section 16 of the Act is repealed and the following is substituted:

Communication with the Advocate

1( 12) Section 16 of the Act is repealed and the following is substituted:

Communication with the Advocate

16( 1) The following persons shall immediately forward to the Advocate a request to communicate with the Advocate:

(a) in the case of a child or youth, the person in charge of the facility, caregiver’s home, group home or other home or place in which the child or youth is placed under the Criminal Code (Canada), the Youth Criminal Justice Act (Canada) or an Act of the Legislature;

(b) in the case of a young adult, an adult under protection or a senior, the person in charge of the facility, caregiver’s home, group home or other home or place in which the young adult, adult under protection or senior is placed under an Act of the Legislature; or

(c) in the case of a person living with mental health challenges, the person in charge of the health care facility or other facility or place in which that person is placed under an Act of the Legislature.

16( 2) Despite any other Act, if the person in charge referred to in subsection (1) receives a letter addressed to the Advocate from any person referred to in paragraphs (1)(a) to (c), they shall immediately forward the unopened letter to the Advocate.

1( 13) The heading “Communication from adult under protection or senior” preceding section 16.1 of the Act is repealed.

1( 14) Section 16.1 of the Act is repealed.

1( 15) Section 17 of the English version of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “his or her” and substituting “the Advocate’s”;

(b) in paragraph (a) by striking out “himself or herself” and substituting “themselves”.

1( 16) Subsection 19(13) of the English version of the Act is amended by striking out “his or her” and substituting “the Advocate’s”.

1( 17) Section 22 of the Act is amended

(a) in subsection (1) by striking out “Office of the Child, Youth and Senior Advocate” and substituting “Office of the Child, Youth, Senior and Mental Health Advocate”;

(b) by repealing subsection (2) and substituting the following:

22( 2) Despite subsection (1), and subject to subsections (2.1) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for the Advocate’s conclusions and recommendations.

22( 2.1) A report referred to in subsection (2) shall not disclose the name of or any identifying information about

(a) a child or youth or a parent or guardian of a child or youth unless consent has been first obtained from the child or youth and the parent or guardian,

(b) a young adult, an adult under protection or a senior unless consent has first been obtained from the young adult, adult under protection or senior, or

(c) a person living with mental health challenges unless consent has first been obtained from the person or, in the case of a person who is under the age of 19 years, the person and their parent or guardian.

(d) by repealing subsection (3);

(e) by repealing subsection (3.1);

(f) in subsection (4) in the portion preceding paragraph (a) by striking out “Office of the Child, Youth and Senior Advocate” and substituting “Office of the Child, Youth, Senior and Mental Health Advocate”;

(g) in subsection (5) by striking out “subsection (1), (3)” and substituting “subsection (1), (2.1)”;

(h) in subsection (6) by striking out “Office of the Child, Youth and Senior Advocate” and substituting “Office of the Child, Youth, Senior and Mental Health Advocate”.

1( 18) Subsection 23(1) of the English version of the Act is amended by striking out “him or her” and substituting “the Advocate”;

1( 19) Section 25 of the Act is amended

(a) in subsection (1) of the English version by striking out “his or her” and substituting “the Advocate’s”;

(b) in subsection (2) by striking out “adults under protection and seniors” and substituting “young adults, adults under protection, seniors, persons living with mental health challenges”.

1( 20) Section 26 of the English version of the Act is amended

(a) in subsection (1) by striking out “he or she” wherever it appears and substituting “the Advocate”;

(b) in subsection (2) by striking out “his or her” wherever it appears and substituting “the Advocate’s”.

1( 21) Section 27 of the English version of the Act is amended

(a) in paragraph (a) by striking out “his or her” and substituting “the Advocate’s”;

(b) in paragraph (c) by striking out “his or her” and substituting “the Advocate’s”.

1( 22) Paragraph 28(b) of the Act is amended by striking out “adults under protection and seniors” and substituting “young adults, adults under protection, seniors and persons living with mental health challenges”.

Mental Health Act

2( 1) The French version of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended by striking out “malades mentaux” and substituting “patients psychiatriques” in the following:

(a) in section 7.6

( i) in subsection (1);

( ii) in subsection (2), wherever it appears;

( iii) in subsection (3) in the portion preceding paragraph a);

( iv) in subsection (4);

( v) in subsection (5);

( vi) in subsection (6);

( vii) in subsection (7);

(b) in section 7.7

( i) in subsection (1), wherever it appears;

( ii) in subsection (2), wherever it appears;

( iii) in subsection (3)

( A) in paragraph a), wherever it appears;

( B) in paragraph b) in the portion preceding subparagraph (i), wherever it appears;

( C) in paragraph c), wherever it appears;

( D) in paragraph d), wherever it appears;

( iv) in subsection (4), wherever it appears;

( i) in subsection (1) wherever it appears;

( ii) in subsection (2) in the portion preceding paragraph a);

( iii) in subsection (3);

(d) in section 34.04

( i) in paragraph (2)g);

( ii) in paragraph (3)d);

(e) in paragraph 34.05d);

(f) in paragraph 34.06(2.1)b);

(g) in section 34.1

( i) in paragraph (5)e);

( ii) in paragraph (13)d);

(h) in subsection 68(1)

( i) in paragraph i.4);

( ii) in paragraph i.5) wherever it appears;

( iii) in paragraph i.6) wherever it appears.

2( 2) The French version of the Act is amended by striking out “malades mentaux” and substituting “patients psychiatriques” in the following:

(a) in the heading “Services de défenseurs de malades mentaux – mandat et droits” preceding section 7.6;

(b) in the heading “Services de défenseurs de malades mentaux – négligence présumée” preceding section 7.7;

Regulation under the Mental Health Act

3( 1) The French version of New Brunswick Regulation 94-33 under the Mental Health Act is amended by striking out “malades mentaux” and substituting “patients psychiatriques” in the following:

(a) in section 10

( i) in paragraph (1)c);

( ii) in subsection (4) wherever it appears;

(b) in section 12;

(d) in subsection 15(3);

(e) in section 17

( i) in subsection (1);

( ii) in subsection (2);

(f) in paragraph 20b);

(g) in section 21;

(h) in section 22

( i) in subsection (1);

( ii) in subsection (2) wherever it appears;

(i) in section 22.1

( i) in subsection (1);

( ii) in subsection (2).

3( 2) The French version of the Regulation is amended by repealing the heading “SERVICES DE DÉFENSEUR DES MALADES MENTAUX ET DÉFENSEURS DES MALADES MENTAUX” preceding section 21 and substituting the following:

SERVICES DE DÉFENSEUR
DES PATIENTS PSYCHIATRIQUES
ET DÉFENSEURS
DES PATIENTS PSYCHIATRIQUES

TRANSITIONAL PROVISION,
CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Transitional provision

4 If in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Child, Youth and Senior Advocate Act or the Child, Youth and Senior Advocate, it shall be read, unless the context otherwise requires, as a reference to the Child, Youth, Senior and Mental Health Advocate Act and the Child, Youth, Senior and Mental Health Advocate, respectively.

Child and Youth Well-Being Act

5 Paragraph 8(f) of the Child and Youth Well-Being Act, chapter 35 of the Acts of New Brunswick, 2022, is amended by striking out “the Child, Youth and Senior Advocate” and “Office of the Child, Youth and Senior Advocate,” and substituting “the Child, Youth, Senior and Mental Health Advocate” and “Office of the Child, Youth, Senior and Mental Health Advocate”, respectively.

Regulation under the Child and Youth Well-Being Act

6( 1) Subparagraph 14(5)(b)(ii) of New Brunswick Regulation 2024-6 under the Child and Youth Well-Being Act is amended by striking out “the Child, Youth and Senior Advocate” and substituting “the Child, Youth, Senior and Mental Health Advocate”.

6( 2) Subsection 28(5) of the Regulation is amended

(a) in subparagraph (a)(iii) by striking out “the Child, Youth and Senior Advocate” and substituting “the Child, Youth, Senior and Mental Health Advocate”;

(b) in subparagraph (b)(ii) by striking out “the Child, Youth and Senior Advocate” and substituting “the Child, Youth, Senior and Mental Health Advocate”.

6( 3) Paragraph 36(d) of the Regulation is amended by striking out “the Child, Youth and Senior Advocate” and substituting “the Child, Youth, Senior and Mental Health Advocate”.

6( 4) Subparagraph 37(1)(r)(iii) of the Regulation is amended by striking out “the Child, Youth and Senior Advocate” and substituting “the Child, Youth, Senior and Mental Health Advocate”.

6( 5) Section 50 of the Regulation is amended

(a) in subparagraph (3)(b)(iv) by striking out “the Child, Youth and Senior Advocate” and substituting “the Child, Youth, Senior and Mental Health Advocate”;

(b) in subsection (6) by striking out “the Child, Youth and Senior Advocate” and substituting “the Child, Youth, Senior and Mental Health Advocate”.

Coroners Act

7( 1) Section 1 of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “Child, Youth and Senior Advocate”;

(b) by adding the following definition in alphabetical order:

“Child, Youth, Senior and Mental Health Advocate” means Advocate as defined in the Child, Youth, Senior and Mental Health Advocate Act; (défenseur des enfants, des jeunes, des aînés et de la santé mentale)

7( 2) Section 42.32 of the Act is amended

(a) in paragraph (1)(b) by striking out “the Child, Youth and Senior Advocate” and substituting “the Child, Youth, Senior and Mental Health Advocate”;

(b) in subsection (2) by striking out “the Child, Youth and Senior Advocate” and substituting “the Child, Youth, Senior and Mental Health Advocate”.

Emergency Measures Act

8 Subparagraph 12.2(2)(b)(ii) of the Emergency Measures Act, chapter 147 of the Revised Statutes, 2011, is amended by striking out “the Child, Youth and Senior Advocate Act” and substituting “the Child, Youth, Senior and Mental Health Advocate Act”.

Ombud Act

9( 1) Subsection 8(3) of the Ombud Act, chapter O-5 of the Revised Statutes, 1973, is amended by striking out “Office of the Child, Youth and Senior Advocate” and substituting “Office of the Child, Youth, Senior and Mental Health Advocate”.

9( 2) Paragraph 12(2)(c) of the Act is amended by striking out “Office of the Child, Youth and Senior Advocate” and substituting “Office of the Child, Youth, Senior and Mental Health Advocate”.

9( 3) Subsection 19.2(5) of the Act is amended by striking out “Office of the Child and Youth Advocate” and substituting “Office of the Child, Youth, Senior and Mental Health Advocate”.

Right to Information and Protection of Privacy Act

10 Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended in the definition “officer of the Legislative Assembly” by striking out “the Child, Youth and Senior Advocate” and substituting “the Child, Youth, Senior and Mental Health Advocate”.

Commencement

11 This Act comes into force on January 1, 2027.