Copyright and Disclaimer Print


AR 53/2012 CHILD AND YOUTH ADVOCATE REGULATION

(Consolidated up to 250/2017)

ALBERTA REGULATION 53/2012

Child and Youth Advocate Act

CHILD AND YOUTH ADVOCATE REGULATION

Table of Contents

                1      Definition

             1.1      Appointment of lawyer to represent child

             1.2      Reasons review not completed

             1.3      Collection, use and disclosure of information

             1.4      Protocol for stays of investigations

             1.5      Roster of Indigenous advisors

             1.6      Information that may not be provided

             1.7      Recommendations arising from investigation
report under section 9(2)(d) of the Act

             1.8      Recommendations arising from report of
mandatory review of death

             1.9      Recommendations arising from report of
mandatory review of death


                3      Coming into force

Definition

1   In this Regulation, “Act” means the Child and Youth Advocate Act.

AR 250/2017 s2

Appointment of lawyer to represent child

1.1(1)  If a child is the subject of a permanent guardianship order or a permanent guardianship agreement under the Child, Youth and Family Enhancement Act, the Child and Youth Advocate may appoint or cause to be appointed a lawyer to represent the child where

                               (a)    the child is the subject of a guardianship application under the Family Law Act,

                              (b)    the child is the subject of a guardianship application, a trusteeship application, or both, under the Adult Guardianship and Trusteeship Act, or

                               (c)    the child is the subject of an application, proceeding or other matter under the Citizenship Act (Canada).

(2)  If a child is receiving any intervention services under the Child, Youth and Family Enhancement Act or any services under the Protection of Sexually Exploited Children Act, the Child and Youth Advocate may appoint or cause to be appointed a lawyer to represent the child

                               (a)    where the child wishes to apply for an order under the Protection Against Family Violence Act, or

                              (b)    for matters, other than those under the Youth Criminal Justice Act (Canada) or the Youth Justice Act, where the Child and Youth Advocate is of the opinion that the child requires independent representation.

AR 53/2012 s1;250/2017

Reasons review not completed

1.2  When preparing a written report in accordance with section 9.1(4) of the Act, the Advocate must report on the number of reviews that have not been completed for the following reasons:

                               (a)    due to a request made under section 9.1(5) of the Act;

                              (b)    information requests made under the Act that are outstanding;

                               (c)    extraordinary factors that may cause undue hardship to a member of the family and which are case specific.

AR 250/2017 s3

Collection, use and disclosure of information

1.3(1)  The Advocate may collect, use and disclose information, including personal information, from the Registrar of Vital Statistics for the purpose of carrying out the Advocate’s responsibilities set out in the Act.

(2)  A collection or disclosure of information referred to in this section may occur indirectly, without the consent of the person to whom the personal information belongs.

(3)  For the purpose set out in subsection (1), the Registrar of Vital Statistics is authorized to disclose information, including personal information about a person, to the Advocate.

(4)  This section does not limit the authority of the Advocate to collect, use or disclose information when authorized to do so by any other law.

AR 250/2017 s3

Protocol for stays of investigations

1.4  The protocol for making determinations about the staying of an investigation or a review must

                               (a)    establish graduated dispute resolution, and

                              (b)    identify a senior official for the purposes of section 9.1(5) of the Act.

AR 250/2017 s3

Roster of Indigenous advisors

1.5  The process by which a person may be recruited as a member of the roster of Indigenous advisors must

                               (a)    include competency criteria that identify any skills, knowledge, experience or attributes required of the member, and

                              (b)    base the selection of the person for appointment as a member on assessment of the extent to which the person possesses the identified skills, knowledge, experience or attributes.

AR 250/2017 s3

Information that may not be provided

1.6(1)  A law enforcement agency or the Alberta Crown Prosecution service may withhold information or a record held by the law enforcement agency or the Alberta Crown Prosecution Service which is relevant to an ongoing investigation referred to in section 9(2)(d) of the Act or a review referred to in section 9.1 of the Act, if

                               (a)    the information or record is related to an investigation by a law enforcement agency or a prosecution under any statute in force in Alberta, and

                              (b)    in the opinion of a senior official of a law enforcement agency or the Assistant Deputy Minister responsible for the Alberta Crown Prosecution Service, the disclosure of the record or information could reasonably be expected to interfere with or harm that investigation or prosecution.

(2)  A law enforcement agency or the Alberta Crown Prosecution Service must provide the information or record referred to in subsection (1) once the provision of the information or record is no longer reasonably expected to interfere with or harm the investigation or prosecution.

AR 250/2017 s3

Recommendations arising from investigation
report under section 9(2)(d) of the Act

1.7(1)  The Advocate may make recommendations arising from an investigation under section 9(2)(d) of the Act that the Advocate considers appropriate with respect to a public body’s policies, practices or procedures that may assist in addressing the systemic issues arising from the serious injury or death of the child receiving designated services.

(2)  In making recommendations, the Advocate must consider including

                               (a)    relevant research or evidence,

                              (b)    the rationale on which those recommendations are based,

                               (c)    desired outcomes or impacts and how those outcomes or impacts will be measured,

                              (d)    any mitigating measures completed by a public body after the death or serious injury of the child,

                               (e)    which public body is responsible for implementation, and

                               (f)    current measures that are working well.

AR 250/2017 s3

Recommendations arising from report of
mandatory review of death

1.8(1)  The Advocate may make recommendations arising from a review under section 9.1 of the Act that the Advocate considers appropriate with respect to a ministry’s policies, practices or procedures that may assist in the prevention of similar deaths.

(2)  In making recommendations, the Advocate must consider including

                               (a)    relevant research or evidence,

                              (b)    the rationale on which those recommendations are based,

                               (c)    the desired outcomes or impacts and how those outcomes or impacts will be measured,

                              (d)    any mitigating measures completed by a public body after the death or serious injury of the child,

                               (e)    which public body is responsible for implementation, and

                               (f)    current measures that are working well.

AR 250/2017 s3

Recommendations arising from report of
mandatory review of death

1.9   In fulfilling its mandate under section 15.2 of the Act, the Audit Advisory Committee shall advise the Advocate as to whether the Advocate’s recommendations meet the criteria set out in sections 1.7 and 1.8.

AR 250/2017 s3

2   Repealed AR 250/2017 s4.

Coming into force

3   This Regulation comes into force on April 1, 2012.