  Representative for Children and Youth Act[SBC 2006] CHAPTER 29Assented to May 18, 2006 Part 1 — Interpretation 1 In this Act: "child" means a person under 19 years of age; "critical injury" means an injury to a child that may (a) result in the child's death, or (b) cause serious or long-term impairment of the child's health; "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; (b) early childhood development and child care services; (c) mental health services for children; (d) addiction services for children; (e) services for youth and young adults during their transition to adulthood; (f) additional services or programs that are prescribed under section 29 (2) (a); "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: (a) services or programs under the Child, Family and Community Service Act and the Youth Justice Act; (b) mental health services for children; (b.1) addiction services for children; (c) additional designated services that are prescribed under section 29 (2) (b); "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. Part 2 — Appointment of Representative 4 (1) The representative may resign at any time by giving written notice (a) to the Speaker of the Legislative Assembly, or (b) if the Speaker is absent from British Columbia or there is no Speaker, to the Clerk of the Legislative Assembly. (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: (a) the suspension ends; (b) a person is appointed under section 2; (c) the representative returns to office after the temporary absence. (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: (a) the suspension ends; (b) a person is appointed under section 2; (c) the representative returns to office after the temporary absence. (3) If, in the circumstances set out in subsection (2), the standing committee is not established, the Lieutenant Governor in Council may make the appointment referred to in that subsection. Part 3 — Representative's Functions and General Powers 6 (1) The representative is responsible for performing the following functions in accordance with this Act: (a) support, assist, inform and advise children and their families respecting designated services, which activities include, without limitation, (i) providing information and advice to children and their families about how to effectively access designated services and how to become effective self-advocates with respect to those services, (ii) advocating on behalf of a child receiving or eligible to receive a designated service, and (iii) supporting, promoting in communities and commenting publicly on advocacy services for children and their families with respect to designated services; (a.1) support, assist, inform and advise young adults and their families respecting prescribed services and programs, which activities include, without limitation, (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, (ii) advocating on behalf of a young adult receiving or eligible to receive a prescribed service or program, and (iii) supporting, promoting in communities and commenting publicly on advocacy services for young adults and their families with respect to prescribed 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; (c) review, investigate and report on the critical injuries and deaths of children as set out in Part 4; (d) perform any other prescribed functions. (2) In this section, "young adult" means a person who (a) is 19 years of age or older but is under 24 years of age, and (b) received a reviewable service within 15 months before the person's 19th birthday. 7 (1) The representative, in accordance with the Public Service Act, may appoint (a) one or more deputy representatives in accordance with the regulations, and (b) any other employees necessary to enable the representative to exercise the powers and perform the functions and duties of the office. (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. Part 4 — Reviews and Investigations of Critical Injuries and Deaths 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. (3) The representative may conduct a review for the following purposes: (a) to determine whether to investigate a critical injury or death under section 12; (b) to identify and analyze recurring circumstances or trends (i) to improve the effectiveness and responsiveness of a reviewable service, or (ii) to inform improvements to broader public policy initiatives. (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 (a) a reviewable service, or the policies or practices of a public body or director, may have contributed to the critical injury or death, and (b) the critical injury or death (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, (ii) occurred, in the opinion of the representative, in unusual or suspicious circumstances, or (iii) was, or may have been, self-inflicted or inflicted by another person. (2) The standing committee may refer to the representative for investigation the critical injury or death of a child. (3) After receiving a referral under subsection (2), the representative (a) may investigate the critical injury or death of the child, and (b) if the representative decides not to investigate, must provide to the standing committee a report of the reasons the representative did not investigate. (4) If the representative decides to investigate the critical injury or death of a child under this section, the representative must notify (a) the public body, or the director, responsible for the provision of the reviewable service, or for the policies or practices, that may have contributed to the critical injury or death, and (b) any other person the representative considers appropriate to notify in the circumstances. 13 Despite section 12, this Act does not authorize the representative to investigate the critical injury or death of a child (a) until the completion of a criminal investigation and criminal court proceedings respecting the critical injury or death of the child, (b) if a coroner investigates the death of the child, until the earlier of (i) the date on which a coroner has (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 (iii) one year after the death, 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 (i) the completion of the investigation, (ii) one year after the critical injury or death of the child, and (iii) the date the public body or director provides the representative with a written consent to investigate 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. (2) The representative must provide a report made under subsection (1) to the following: (a) the standing committee; (b) the public body, or the director, responsible for the provision of a reviewable service that is a subject of the report; (c) any other public body, director or person that the representative considers appropriate. (3) After an investigation of the critical injury or death of a child under section 12, the representative must make a report on the individual critical injury or death of the child. (4) A report made under subsection (3) must contain the representative's reasons for undertaking the investigation and may contain the following: (a) recommendations for (i) the public body, or the director, responsible for the provision of a reviewable service that is a subject of the report, or (ii) any other public body, director or person that the representative considers appropriate; (b) personal information, if, in the opinion of the representative, (i) the disclosure is necessary to support the findings and recommendations contained in the report, and (ii) the public interest in the disclosure outweighs the privacy interests of the individual whose personal information is disclosed in the report; (c) any other matters the representative considers relevant. (5) A report made under subsection (3) may be provided to any person that the representative considers appropriate and must be provided to (a) the standing committee, (b) the public body, or the director, responsible for the provision of a reviewable service that is a subject of the report, and (c) the public body, or the director, that is a subject of recommendations in the report, if not already provided the report under paragraph (b). (6) to (8) [Repealed 2007-5-15.] Part 5 — Administrative and General Provisions 23 (1) Before beginning to exercise his or her powers and perform his or her functions and duties under this Act, the representative must take an oath before the Clerk of the Legislative Assembly (a) to faithfully and impartially exercise the powers and perform the functions and duties of the representative, and (b) not to divulge any information received under this Act, except as permitted 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 (a) to faithfully and impartially exercise the powers and perform the functions and duties delegated by the representative to the deputy representative, and (b) not to divulge any information received under this Act, except as permitted under this Act. (3) For the purposes of subsection (2), the representative is a commissioner for taking affidavits in British Columbia. (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 (b) the public interest in the disclosure outweighs the privacy interests of any individual whose personal information is disclosed. (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 (a) to enforce the representative's powers of review and investigation, (b) to enforce compliance with this Act, or (c) with respect to a trial of a person for perjury. (6) [Repealed 2008-42-123.] (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. (8) Subsection (7) does not apply if (a) the person who made the report consents to the disclosure. (b) [Repealed 2008-42-123.] 29 (1) The Lieutenant Governor in Council may make regulations authorized by section 41 of the Interpretation Act. (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows: (a) for the purposes of the definition of "designated services", prescribing an additional service or program that is (i) provided, authorized or funded under an Act, (ii) provided, authorized or funded by a ministry or agency of the government, or (iii) provided in a facility or class of facilities licensed or regulated under an Act; (b) for the purposes of the definition of "reviewable services", prescribing an additional designated service that is a reviewable service; (c) prescribing other functions of the representative; (c.1) for the purposes of section 6 (1) (a.1), prescribing services and programs that are (i) provided, authorized or funded under an Act, (ii) provided, authorized or funded by a ministry or agency of the government, or (iii) provided in a facility or class of facilities licensed or regulated under an Act; (d) respecting the qualifications of a deputy representative or the procedures for appointing a deputy representative; (e) respecting matters relating to the establishment of a multidisciplinary team, including appointment criteria and procedures; (f) [Repealed 2007-5-22.] (g) defining any word or expression used but not defined in this Act; (h) respecting any matters that are necessary for the orderly transition from the application of the Office of Children and Youth Act to the application of this Act. (3) In making regulations under this section, the Lieutenant Governor in Council may do one or more of the following: (a) in relation to regulations under subsection (2) (a), prescribe different services or programs for the purposes of different provisions of this Act; (b) in relation to regulations under subsection (2) (b), prescribe different designated services for the purposes of different provisions of this Act; (c) in relation to regulations under subsection (2) (d), set different qualifications or different procedures for the appointment of deputy representatives carrying out different functions; (d) make different regulations for different persons or classes of persons; (e) make different regulations for different geographical areas in British Columbia; (f) delegate a matter to a person; (g) confer a discretion on a person. 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. Part 6 — Transitional Provisions Consequential Amendments [Note: See Table of Legislative Changes for the status of sections 31 to 37.] | Section(s) | | Affected Act | | 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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[This page was added on 12 November 2013, last revised on 12 November 2013.]
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