Child and Family Services Authorities Regulation

Child and Family Services Authorities Regulation, M.R. 183/2003 The Child and Family Services Authorities Act , C.C.S.M. c. C90 Regulation 183/2003 Registered November 10, 2003 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS 1 Definitions PART 2 AUTHORITY DETERMINATION PROTOCOL 2 Protocol for determining authority of service 3 Determining culturally appropriate authority 4 Right to choose authority of service 5 Independent child may choose 6 Culturally appropriate authority to be informed of choice 7 Arranging for an agency to provide services 8 Transferring responsibility to the agency 9 Changing authority of service 10 Transitional PART 3 POWERS AND DUTIES OF AUTHORITIES AND THE DIRECTOR UNDER THE CHILD AND FAMILY SERVICES ACT 11 Purpose of this Part 12 Terms used in this Part 13 Administering and enforcing the Act 14 Licensing homes and facilities 15 Advising agencies 16 Ensuring agencies follow standards 17 Hearing complaints about agencies 18 Exercising powers and duties of an agency 19 Supervising children in care 20 Developing placement resources 21 Entry powers 22 Inspection powers 23 Investigation powers 24 Powers relating to licensing facilities 25 Investigating welfare of child 26 Establishing complaint procedures 27 Reviewing reports about children and families 28 Issuing directives to agencies 29 Appointing administrator for agency 30 Powers relating to agencies 31 Foster home licensing appeals 32 Repealed 33 Approving agreements 34 Approving surrender of guardianship 35 Approving withdrawal of surrender of guardianship 36 Approving joint child abuse committees 37 Apprehending children in need of protection 38 Leaving child pending protection hearing 39 Reviewing placement plans 40 Confidentiality of and access to records PART 4 POWERS AND DUTIES OF AUTHORITIES AND THE DIRECTOR UNDER THE ADOPTION ACT 41 Purpose of this Part 42 Terms used in this Part 43 Advising agencies 44 Ensuring agencies follow standards 45 Hearing complaints about agencies 46 Adoption placement resources 47 Other duties 48 Inspection powers 49 Investigating matters 50 Complaint procedures 51 Reviewing reports about adoption 52 Issuing directives to agencies 53 Reviewing applicant's suitability 54 Reviewing removal of child 55 Approving or not approving placement 56 Reviewing decision not to place 57 Duties re confidentiality of adoption records PART 5 GENERAL PROVISIONS RE AUTHORITIES 58 Leadership Council 58.1 Ex officio member of Leadership Council 59 Agreement for services on reserve 60 Security safeguards for records 61 Child abuse and criminal record checks 62 Persons not eligible as directors of board 63 Conflict of interest 64 Coming into force Schedule A First Nations of the Northern Authority B First Nations of the Southern Authority PART 1 DEFINITIONS Definitions 1(1) The following definitions apply in this regulation. "Act" means The Child and Family Services Authorities Act . («  Loi  ») "agency service record" means a record in the custody or under the control of an agency that relates to providing child and family services to a person or family. (« document interne d'un office ») "authority determination protocol" means the protocol in Part 2 that is to be used by a designated agency to determine the culturally appropriate authority and the authority of service for a person or family. (« protocole de détermination des régies ») "authority of service" means the authority responsible for administering and providing for the delivery of child and family services for a person or family, determined in accordance with Part 2. (« régie responsable ») "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence. (« conjoint de fait ») "culturally appropriate authority" means the authority determined under section 3. (« régie d'affinité culturelle ») "designated agency" means an agency designated under subsection 21(1) of the Act to provide intake and emergency services in a specified geographic region of the province. (« office désigné ») "family" means (a) a child and the following persons with whom he or she resides: his or her parents — or one parent or the person in loco parentis to the child, and the spouse or common-law partner of that parent or person — and the children of either of the parents or persons; or (b) an adult and the following persons with whom he or she resides: his or her spouse or common-law partner, and the children of either of them or to whom either of them is in loco parentis. (« famille ») "record" means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or a mechanism that produces records. (« document ») "service agreement" means an agreement between two authorities under subsection 23(1) of the Act in which one authority agrees to provide services to persons and families on behalf of another authority. (« accord de fourniture de services ») Reference to "mandating authority" 1(2) In relation to an agency, a reference to the "mandating authority" means the authority that has mandated, or is deemed to have mandated, that agency under Part I of The Child and Family Services Act . PART 2 AUTHORITY DETERMINATION PROTOCOL Protocol for determining authority of service 2 If a designated agency determines, in accordance with the Joint Intake and Emergency Services by Designated Agencies Regulation , that a person or family requires child and family services on an ongoing basis, the designated agency must, in accordance with this Part, complete the authority determination protocol to determine which authority must provide those services. DETERMINING CULTURALLY APPROPRIATE AUTHORITY Determining the culturally appropriate authority 3(1) In determining which authority is to be responsible for providing services on an ongoing basis, the designated agency must first determine which authority is culturally appropriate for the person or family. Factors 3(2) In determining the most culturally appropriate authority for a person or family, the designated agency must consider (a) whether they are aboriginal and, if so, their aboriginal status, including whether they are members of, or identified with, a First Nation, the Métis or the Inuit; and (b) their community of residence. Northern Authority 3(3) The Northern Authority is the culturally appropriate authority for persons who are members of, or identified with, a Northern First Nation listed in Schedule A. Southern Authority 3(4) The Southern Authority is the culturally appropriate authority for persons who are members of, or identified with, a Southern First Nation listed in Schedule B. Metis Authority 3(5) The Metis Authority is the culturally appropriate authority for persons who are Metis or Inuit. General Authority 3(6) The General Authority is the culturally appropriate authority for persons who do not otherwise have a culturally appropriate authority under subsections (3) to (5). RIGHT TO CHOOSE AN AUTHORITY OF SERVICE Choosing an authority of service 4(1) The adult members of a family are entitled to choose an authority of service for the family. They may choose either the culturally appropriate authority determined under section 3 or another authority. Preferences of children 4(2) In choosing an authority of service, the adult members of the family must consider the views and preferences of children 12 years of age or older, and may consider the views and preferences of children under 12 years of age. Same authority for all family members 4(3) Each member of a family must have the same authority of service, except in a circumstance mentioned in section 5. Advising of service agreement arrangements 4(4) Before a person or family makes a final choice about an authority of service, the designated agency must advise them in writing if the proposed authority of service has entered into a service agreement and will therefore not be providing services to them directly. Designated agency determining authority of service 4(5) If (a) the adult members of a family fail to choose an authority of service or cannot agree on a choice of authority; (b) no adult member of the family is mentally competent to complete the authority determination protocol and there is no legally appointed person to act on behalf of an adult member who is mentally incompetent; or (c) no adult member of the family can be located after reasonable efforts; the designated agency must designate the culturally appropriate authority of the children's primary caregiver as the family's authority of service. M.R. 115/2025 Independent child may choose 5(1) Regardless of age or legal status, a child is entitled to choose his or her own authority of service when (a) an independent living arrangement is being arranged for the child under The Child and Family Services Act ; or (b) the child is a parent or expectant parent to whom services are to be provided under section 9 of The Child and Family Services Act . Child of minor parent 5(2) The authority of service chosen by a child who is a parent referred to in clause (1)⁠(b) is also the authority of service for his or her child. Advising culturally appropriate authority of choice 6(1) If a person or family does not choose their culturally appropriate authority as their authority of service, the designated agency may, with the written consent of each adult family member, advise the culturally appropriate authority of the person's or family's choice. Meeting with culturally appropriate authority 6(2) Within six days after being notified of a person's or family's choice under subsection (1), the culturally appropriate authority may request a meeting with the person or family. After meeting with the authority, the person or family may choose a different authority of service. If they do not wish to attend such a meeting, their choice of an authority of service under section 4 is final. If child has own authority of service 6(3) This section applies, with necessary changes, with respect to a child who has chosen his or her own authority under section 5. ARRANGING FOR AN AGENCY TO PROVIDE SERVICES Authority of service to arrange for services 7(1) The authority of service for a person or family must arrange for services to be provided to them through an agency that the authority of service has mandated, unless that authority has entered into a service agreement with another authority. Advising as to appropriate agency if agreement 7(2) When there is a service agreement, the authority of service must, in writing, advise the person or family for whom services are to be provided that the services will be provided by an agency mandated by the other authority. Jurisdiction of agency providing services 7(3) When an agency mandated by that other authority is delivering child and family services to a person or family in accordance with a service agreement, that agency has jurisdiction to provide those services and may take any action necessary or authorized under The Child and Family Services Act or The Adoption Act or the regulations under those Acts. TRANSFERRING RESPONSIBILITY TO AGENCY Transferring responsibility and records to appropriate agency 8(1) After the authority of service determines the appropriate agency to provide ongoing services for a person or family, the designated agency must transfer responsibility for the person or family and their agency service records to that agency. Confirmation of transfer required 8(2) The designated agency must not transfer responsibility for a person or family to that other agency until it receives written confirmation from the other agency that it assumes responsibility for the person or family. CHANGING AUTHORITY OF SERVICE Request to change authority of service 9(1) A person or family that wishes to change from one authority of service ("current authority of service") to another ("proposed authority of service") must file a written request to do so with the current authority of service, together with the written consent to the change from each adult member of the family. Preferences of children 9(2) In deciding to request a change in the family's authority of service, the adult members of the family must consider the views and preferences of children 12 years of age or older, and may consider the views and preferences of children under 12 years of age. Request forwarded to proposed authority 9(3) On receiving a request to change an authority of service, the current authority of service must promptly forward the request to the proposed authority of service for consideration. Both authorities must approve the change 9(4) Subject to subsection (5), if both the current authority of service and the proposed authority of service approve the change, the person's or family's authority of service must be changed. Exception: change of authority not allowed 9(5) The authorities must not approve a request to change an authority of service if (a) a child abuse investigation or a proceeding involving a child in the family under Part III of The Child and Family Services Act (child protection) is ongoing; or (b) a proceeding involving the family under The Adoption Act is ongoing. Time for making decision 9(6) Within 30 days after the date of the request, the current authority of service and the proposed authority of service must, in writing, advise the person or family of their decision. Transferring responsibility to appropriate agency 9(7) If the request is approved, the current authority of service must arrange to transfer responsibility for the person or family and their agency service records to the appropriate agency of the proposed authority of service. Confirmation of transfer required 9(8) The current authority of service must not transfer responsibility for a person or family to another agency until it receives written confirmation from the other agency that it assumes responsibility for the person or family. Request for review by director 9(9) If the authorities do not approve the request for a change in authority of service, the person or family may, within 10 days after receiving the decision of the authorities, file a written request with the director to review the matter. If a family is requesting the change, the request to review must include a written consent to the change from each adult member of the family. Review by director 9(10) The director must approve the request for a change in authority of service if he or she is satisfied, after reviewing the matter, that the change is in the best interests of the person requesting it, or if a family is requesting the change, that the change is in the best interests of the children in the family who are receiving services. Notice of decision 9(11) The director must give written notice of his or her decision to (a) the person or family; (b) the current authority of service; and (c) the proposed authority of service. Best interests 9(12) Subsection 2(1) of The Child and Family Services Act applies, with necessary changes, in determining the best interests of the children in the family. Transferring responsibility 9(13) If the director approves the request to change the authority of service, the current authority of service must arrange to promptly transfer responsibility for the person or family to the appropriate agency of the proposed authority of service in accordance with subsections (7) and (8). Changing authority of service for certain children 9(14) A child may request a change in his or her authority of service in accordance with this section, with necessary changes, if the child has chosen his or her own authority of service under clause 5(1)⁠(a) (independent living arrangement) or (b) (child is a parent or expectant parent). TRANSITIONAL PROVISIONS Determining authority of service for persons currently receiving services 10(1) As soon as reasonably possible after this regulation comes into force, every agency must complete the authority determination protocol for the persons and families to whom it provides services. Authority of services previously determined 10(2) Despite subsection (1), if before this regulation comes into force, an authority of service was determined for a person or family in accordance with a protocol substantially similar to the authority determination protocol set out in this Part, that authority of service is deemed to be the person's or family's authority of service. If child a permanent ward 10(3) If, on the day this regulation comes into force, an agency is the permanent guardian of a child (a) by virtue of section 16 of The Child and Family Services Act (voluntary surrender of guardianship); or (b) pursuant to an order under clause 38(1)⁠(f) of that Act (child in need of protection); the authority of service for the child must be the culturally appropriate authority, unless the child is in an independent living arrangement or a parent or an expectant parent, as described in section 5. Transferring cases 10(4) After determining the authority of service for a person or family under this section, the agency must (a) inform the authority of service; and (b) arrange to transfer responsibility for the person or family, and their agency service records, to the appropriate agency as determined by the authority of service. Confirmation of transfer required 10(5) An agency must not transfer responsibility for the person or family to another agency until it receives written confirmation from the other agency that it assumes responsibility. Transferring guardianship 10(6) When an agency transfers responsibility for a child who is a permanent ward as described in subsection (3) to another agency, the agency must facilitate transfer of the child's guardianship to the other agency under subsection 49(1) of The Child and Family Services Act . M.R. 115/2025 PART 3 POWERS AND DUTIES OF AUTHORITIES AND THE DIRECTOR UNDER THE CHILD AND FAMILY SERVICES ACT Purpose of this Part 11(1) The purpose of this Part is to clarify section 18 of The Child and Family Services Authorities Act as to the powers and duties of the director under The Child and Family Services Act , and the powers and duties of authorities under that Act with respect to agencies they have mandated. Director's powers and duties 11(2) The director retains the powers and duties of the director under The Child and Family Services Act , except as set out in this Part. Terms used in this Part 12(1) In this Part, (a) a reference to an authority means, in relation to an agency, the authority that has mandated, or is deemed to have mandated the agency under Part I of The Child and Family Services Act ; and (b) a reference to an agency means, in relation to an authority, an agency that has been mandated under Part I of The Child and Family Services Act by that authority. Child and Family Services Act terms 12(2) Terms used in this Part have the same meaning as they have in The Child and Family Services Act . Administering and enforcing Act 13 Under clause 4(1)⁠(a) of The Child and Family Services Act , an authority has the duty of the director to administer and enforce the Act. The director also retains that duty. Foster home licensing appeals and licensing of child care facilities except foster homes 14 Under clause 4(1)⁠(b.1) of The Child and Family Services Act , an authority has the duty of the director to decide appeals from agencies with respect to the licensing of foster homes and the director ceases to have that duty. The director retains the duty under that clause to license child care facilities other than foster homes. Advising agencies 15 Under clause 4(1)⁠(c) of The Child and Family Services Act , an authority has the duty of the director to advise agencies. The director ceases to have that duty except with respect to advising agencies about the operation of the child abuse registry. Ensuring agencies follow standards 16 Under clause 4(1)⁠(e) of The Child and Family Services Act , an authority has the duty of the director to ensure that agencies are providing and following standards, practices and procedures. The director ceases to have that duty. Hearing complaints about agencies 17 Under clause 4(1)⁠(f) of The Child and Family Services Act , an authority has the duty of the director to hear complaints about agencies. The director ceases to have that duty. Exercising powers and duties of an agency 18 Under clause 4(1)⁠(g) of The Child and Family Services Act , an authority has the duty of the director to exercise the powers and duties of an agency in any area where no agency is functioning. The director ceases to have that duty. Supervising children in care 19 Under clause 4(1)⁠(h) of The Child and Family Services Act , an authority has the duty of the director to supervise or direct the supervision of children in care and receive and disburse moneys for their maintenance. The director ceases to have that duty. Developing placement resources 20 Under clause 4(1)⁠(j) of The Child and Family Services Act , an authority has the duty of the director to ensure the development of appropriate placement resources for children. The director also retains that duty. Entry powers 21 Under clause 4(2)⁠(a) of The Child and Family Services Act , an authority has the powers of the director to enter and inspect the premises of agencies and of foster homes licensed by those agencies and the director ceases to have those powers. The director retains the power in relation to child care facilities other than foster homes, and in relation to other places where a child is placed under the Act. Inspection powers 22(1) Under clause 4(2)⁠(b) of The Child and Family Services Act , an authority has the power of the director to inspect and obtain copies or samples of things (a) that relate to an agency, a child, a foster home licensed by an agency it has mandated or to a matter being investigated by the authority; and (b) that are in the possession or control of an agency or a foster home licensed by an agency it has mandated. The director ceases to have those powers. Director's powers re inspections 22(2) The director retains the same powers under clause 4(2)⁠(b) of The Child and Family Services Act to inspect and obtain copies or samples of things that (a) relate to a child, a child care facility other than a foster home, or to a matter being investigated by the director; and (b) are in the possession or control of a person in charge of (i) a child care facility other than a foster home, or (ii) another place where a child is placed under the Act. Investigation powers 23 Under clause 4(2)⁠(b.1) of The Child and Family Services Act , an authority has the power of the director to require a person to give information relating to any matter being investigated by the authority and to produce records, papers or things and the director ceases to have those powers. The director retains these powers in relation to any matter he or she is investigating. Powers relating to licensing facilities 24 Under clause 4(2)⁠(b.2) of The Child and Family Services Act , an authority has the power of the director to do anything in relation to determining appeals from agencies with respect to the licensing of foster homes and the director ceases to have that power. The director retains the power under that clause to do anything in relation to the licensing of child care facilities other than foster homes. Investigating welfare of child 25 Under clause 4(2)⁠(c) of The Child and Family Services Act , an authority has the power of the director to make enquiries and carry out investigations as to the welfare of a child. The director also retains that power. Establishing complaint procedures 26 Under clause 4(2)⁠(d) of The Child and Family Services Act , an authority has the power of the director to establish complaint procedures under the Act. The director also retains that power. Reviewing reports about children and families 27 Under clause 4(2)⁠(e) of The Child and Family Services Act , an authority has the power of the director to solicit and review reports concerning the welfare of children and families. The director also retains that power. Issuing directives to agencies 28 Under clause 4(2)⁠(g) of The Child and Family Services Act , an authority has the power of the director to issue a written directive to an agency. The director ceases to have that power except with respect to advising agencies about the operation of the child abuse registry. Appointing administrator for agency 29 Under section 4.1 of The Child and Family Services Act , an authority has the power of the director to appoint an administrator for an agency. The director ceases to have that power. Powers relating to agencies 30(1) Under subsection 7(1) of The Child and Family Services Act , an authority has the powers of the director to require agencies to carry out their duties (a) in accordance with standards established by it and the director; and (b) subject to its authority. The director ceases to have that power. Specific powers 30(2) In addition, under subsection 7(1) of that Act, an authority has the following powers of the director and the director ceases to have them: (a) under clause (n), to require agencies to provide reports; (b) under clause (p), to require agencies to conform to a directive; (c) under clause (r), to require agencies to provide other services and perform other duties given to it by the Act. Foster home licensing appeals 31(1) Subject to subsection (2), under subsections 8(2) and (3) of The Child and Family Services Act , an authority has the powers of the director to hear and decide appeals with respect to the licensing of foster homes. The director ceases to have those powers. Appeals already commenced 31(2) If, on the day this regulation comes into force, an appeal to the director under subsection 8(2) of the Act has been commenced but not finally disposed of, the appeal shall be continued and completed by the director in accordance with subsections 8(2) and (3) of the Act. 32 [Repealed] M.R. 87/2024 Approving agreements 33 Under subsection 15(4) of The Child and Family Services Act , an authority has the power of the director to require an agency to submit agreements under sections 12 and 13 for approval. The director ceases to have that power. M.R. 87/2024 Approving voluntary surrender of guardianship 34 Under subsection 16(8) of The Child and Family Services Act , an authority has the power of the director to approve agreements. The director ceases to have that power, but the agency must continue to give the director copies of any agreements. Approving withdrawal of surrender of guardianship 35 Under subsections 16(11) and (12) of The Child and Family Services Act , an authority has the power of the director to approve a withdrawal of a surrender of guardianship. The director ceases to have that power, but the agency must continue to give the director copies of any withdrawals of surrender of guardianship. Approving joint child abuse committees 36 Under subsection 19(2) of The Child and Family Services Act , an authority has the power of the director to approve joint child abuse committees for agencies. The director ceases to have that power. Apprehending child in need of protection 37 Under section 21 of The Child and Family Services Act , an authority has the power of the director to apprehend a child in need of protection and take the child to a place of safety. The director also retains that power. Leaving child pending protection hearing 38 Under section 26 of The Child and Family Services Act , an authority has the power of the director to leave a child with a person pending a protection hearing and notify the agency accordingly. The director also retains that power. Reviewing placement plans 39 Under section 54 of The Child and Family Services Act , an authority has the duty of the director to review the plans for each child in the care of its agencies. The director ceases to have that duty. Confidentiality of and access to records 40(1) Subject to subsection (2), with respect to section 76 of The Child and Family Services Act , an authority (a) has the same duties that the director has (i) to keep records in its custody or control confidential, and (ii) to restrict access to and disclosure or communication of information from these records; and (b) has, in relation to agencies it has mandated the same powers that the director has to obtain access to records and to disclose, communicate or give access to information from them. Exception 40(2) An authority does not have the power of the director under subsection 76(20) of The Child and Family Services Act to review a refusal of access, an alleged disclosure, or a failure to comply with subsection 76(9) of that Act. Director's powers and duties re records 40(3) The director retains the powers and duties of the director under section 76 of The Child and Family Services Act . PART 4 POWERS AND DUTIES OF AUTHORITIES AND THE DIRECTOR UNDER THE ADOPTION ACT Purpose of this Part 41(1) The purpose of this Part is to clarify section 18 of The Child and Family Services Authorities Act as to the powers and duties of the director under The Adoption Act , and the powers and duties of authorities under that Act with respect to agencies they have mandated. Director's powers and duties 41(2) The director retains the powers and duties of the director under The Adoption Act , except as set out in this Part. Terms used in this Part 42(1) In this Part, (a) a reference to an authority means, in relation to a child and family services agency, the authority that has mandated, or is deemed to have mandated, the agency under Part I of The Child and Family Services Act ; and (b) a reference to a child and family services agency means, in relation to an authority, a child and family services agency that has been mandated under Part I of The Child and Family Services Act by that authority. Adoption Act terms 42(2) Terms used in this Part have the same meaning as they have in The Adoption Act . Advising agencies 43 Under clause 5(1)⁠(d) of The Adoption Act , an authority has the duty of the director to advise child and family services agencies. The director ceases to have that duty in relation to child and family services agencies except with respect to advising child and family services agencies about (a) adoption services in relation to inter-country adoptions; (b) the operation of the central adoption registry; and (c) the operation of the post-adoption registry. The director retains the duty to advise adoption agencies. Ensuring agencies follow standards 44 Under clause 5(1)⁠(f) of The Adoption Act , an authority has the duty of the director to ensure that child and family services agencies are following standards, practices and procedures for adoption services. The director ceases to have that duty in relation to child and family services agencies but retains it in relation to adoption agencies. Hearing complaints about agencies 45 Under clause 5(1)⁠(g) of The Adoption Act , an authority has the duty of the director to hear complaints about child and family services agencies. The director ceases to have that duty in relation to child and family services agencies but retains it in relation to adoption agencies. Adoption placement resources 46 Under clause 5(1)⁠(h) of The Adoption Act , an authority has the duty of the director to ensure the development of appropriate adoption placement resources. The director also retains that duty. Other duties 47 Under clause 5(1)⁠(i) of The Adoption Act , an authority has the duty of the director to perform other duties as may be required by the Act, the regulations or the minister. The director also retains that power. Inspection powers 48 Under subsection 5(2) of The Adoption Act , an authority has the inspection powers of the director under that subsection in relation to child and family services agencies, including the power (a) to enter the premises of a child and family services agency; (b) to make inspections; (c) to examine and require the production of the agency's records; and (d) to require persons to furnish information. The director ceases to have those powers in relation to child and family services agencies but retains them other than in relation to child and family services agencies. Investigating matters 49 Under clause 5(3)⁠(a) of The Adoption Act , an authority has the power of the director to make enquiries and carry out investigations with respect to matters under that Act in relation to child and family services agencies. The director ceases to have those powers in relation to child and family services agencies but retains the power other than in relation to child and family services agencies. Complaint procedures 50 Under clause 5(3)⁠(b) of The Adoption Act , an authority has the power of the director to establish complaint procedures. The director also retains that power. Reviewing reports about adoption 51 Under clause 5(3)⁠(c) of The Adoption Act , an authority has the power of the director to solicit and review reports concerning the adoption of children. The director also retains this power. Issuing directives to agencies 52 Under clause 5(3)⁠(d) of The Adoption Act , an authority has the power of the director to issue a directive to a child and family services agency. The director ceases to have that power in relation to child and family services agencies except with respect to issuing directives about (a) adoption services in relation to inter-country adoptions; (b) the operation of the central adoption registry; and (c) the operation of the post-adoption registry. The director retains the power to issue directives to adoption agencies. Reviewing suitability of applicant 53 Under section 40 of The Adoption Act , an authority has the power of the director to review the suitability or capability of an applicant. The director ceases to have that power. Reviewing removal of child 54 Under subsection 47(2) of The Adoption Act , an authority has the power of the director to review an agency's action in removing a child from a prospective adoptive parent's home. The director ceases to have that power. Approving placement 55(1) Under section 59 of The Adoption Act , (a) a child and family services agency that approves the placement of a child with a prospective adoptive parent must advise the authority and the director; and (b) an adoption agency that approves the placement of a child with a prospective adoptive parent must continue to advise the director. Not approving placement 55(2) Under section 60 of The Adoption Act , (a) a child and family services agency that does not approve the placement of a child with a prospective adoptive parent must advise the authority instead of the director; and (b) an adoption agency that does not approve the placement of a child with a prospective adoptive parent must continue to advise the director. Reviewing decision not to place 56 Under section 61 of The Adoption Act , an authority has the power of the director to review the child and family services agency's decision not to approve the placement of a child with a prospective adoptive parent. The director ceases to have those powers in relation to child and family services agencies but retains the power in relation to a decision by an adoption agency. Duties re confidentiality of adoption records 57(1) With respect to section 103 of The Adoption Act , an authority has the same duties that the director has to (a) keep records relating to the granting of an order of adoption that are in its custody or control confidential; and (b) restrict access to and disclosure of information from these records. Powers re obtaining access to adoption records 57(2) Subject to subsection (3), with respect to section 104 of The Adoption Act , an authority has, in relation to agencies it has mandated, the same powers that the director has with respect to disclosing identifying information and non-identifying information in a record relating to the granting of an order of adoption. Exception 57(3) An authority does not have the power of the director to approve (a) the disclosure, under clause 104(1)⁠(e) or (f) of The Adoption Act , of identifying information in a record relating to the granting of an order of adoption; or (b) the disclosure, under clause 104(2)⁠(b) of The Adoption Act , of non-identifying information in a record relating to the granting or an order of adoption. Director's powers and duties re records 57(4) The director retains the powers and duties of the director under sections 103 and 104 of The Adoption Act with respect to adoption records. PART 5 GENERAL PROVISIONS RE AUTHORITIES LEADERSHIP COUNCIL Leadership Council 58 The Leadership Council established under section 29 of the Act consists of the following six members: (a) the minister; (b) the Minister of Natural Resources and Indigenous Futures; (c) the Grand Chief of the Southern Chiefs' Organization Inc.; (d) the Grand Chief of Manitoba Keewatinowi Okimakanak Inc.; (e) the President of Manitoba Métis Federation Inc.; (f) a Métis woman designated by Manitoba Métis Federation Inc. M.R. 101/2011 ; 115/2025 Ex officio member of Leadership Council 58.1 In addition to the members referred to in section 58, the Grand Chief of the Assembly of Manitoba Chiefs Secretariat Inc. is an ex officio member of the Leadership Council. M.R. 101/2011 AGREEMENT FOR SERVICES ON RESERVE Agreement for services on reserve 59(1) For the purpose of subsection 23(2) of the Act, if (a) a resident of a reserve asks his or her authority of service to provide child and family services; and (b) that authority of service is not the culturally appropriate authority for the First Nation of that reserve under section 3 of this regulation; the authority of service must, before providing services to the person, enter into a written agreement with the First Nation or the authority responsible for administering and providing for the delivery of services to that First Nation. Contents of agreement 59(2) The agreement must include the following information: (a) the name of the authority of service asked to provide services; (b) the name of the agency proposed to provide services on behalf of the authority of service and whether (i) it is mandated under Part I of The Child and Family Services Act by the authority of service to provide services, or (ii) it is providing services under an agreement between its mandating authority and the authority of service under subsection 23(1) of The Child and Family Services Authorities Act ; (c) the name of the culturally appropriate authority for the First Nation of that reserve, determined in accordance with the Schedules to Part 2 of the Child and Family Services Authorities Regulation ; (d) the name of the agency mandated by the culturally appropriate authority to provide services to residents of that reserve; (e) the names of the parties to the agreement; (f) the name of the person or family requesting services or, if a class of persons is to be provided services, information about the persons in the class; (g) the type of services to be provided; (h) the term of the agreement; (i) any other matter agreed to by the parties. Filing agreement with director 59(3) The authority of service must file a signed copy of the agreement with the director within 14 days after the date of the agreement. RECORDS OF AUTHORITIES Definition of "authority service record" 60(1) In this section, "authority service record" means a record (a) that is in the custody, or under the control of an authority; (b) that contains personal information, as that term is defined in The Freedom of Information and Protection of Privacy Act ; and (c) to which section 76 of The Child and Family Services Act or section 103 of The Adoption Act applies. Duty to adopt security safeguards 60(2) Subject to The Child and Family Services Act , The Adoption Act and standards established by the minister under The Child and Family Services Authorities Act , an authority must ensure that personal information in an authority service record is (a) protected by adopting reasonable administrative, technical and physical safeguards to ensure the confidentiality, security, accuracy and integrity of the information; and (b) accessible only to persons employed, retained or consulted by the authority, and only when they need access to the authority service record to carry out their responsibilities under the applicable Acts. Retention, storage and destruction of authority records 60(3) An authority must develop a plan respecting the retention, storage and destruction of authority service records in its custody or under its control. The plan must comply with standards established by the minister, and must ensure that (a) the authority can properly carry out its responsibilities under The Child and Family Services Act , The Adoption Act , The Child and Family Services Authorities Act and the regulations under those Acts; (b) with respect to personal information about an individual in an authority service record, the individual has a reasonable opportunity to obtain information from the authority service record in accordance with those Acts and regulations; and (c) when any record in its custody or under its control, including an authority service record, is destroyed, the destruction is carried out in a safe and secure manner that protects the confidentiality of information in the record. Minister approves plan re records 60(4) The plan referred to in subsection (3) and any revisions to it must be submitted to the minister for approval. Agreement with Archivist 60(5) An authority may enter into an agreement with the Archivist of Manitoba under section 13 of The Archives and Recordkeeping Act for the purpose of developing the plan required by subsection (3) and carrying out its responsibilities under the plan. CHILD ABUSE AND CRIMINAL RECORD CHECKS FOR AUTHORITY STAFF Definitions 61(1) The following definitions apply in this section. "child abuse registry check" means a record about a person that is obtained from the child abuse registry under The Child and Family Services Act . (« relevé des mauvais traitements ») "criminal record check" means a record about a person obtained from a law enforcement agency stating whether or not the person has any convictions or outstanding charges awaiting court disposition under any federal, provincial or territorial enactments. (« relevé des antécédents judiciaires ») Child abuse registry and criminal record checks 61(2) An authority must ensure that a child abuse registry check and a criminal record check are obtained for a person who works for or provides services to the authority, whether as an employee, volunteer, student trainee or in any other way, or applies or proposes to do so. Date of checks 61(3) A child abuse registry check or a criminal record check must be dated within three months before the person begins working for or providing services to the authority, or applies or proposes to do so. Authority must review checks 61(4) The authority must review the checks and be satisfied that the person (a) does not pose a risk to children; and (b) is able to discharge his or her responsibilities. Requiring further checks 61(5) If the authority receives information that causes it to believe that the person may pose a risk to children or be unable to discharge his or her responsibilities, the authority may ask the person to consent to a subsequent child abuse registry check and a criminal record check, in which case subsection (4) applies. CONFLICT OF INTEREST Persons not eligible to be authority directors 62 The following persons are not eligible to be members of an authority's board of directors: (a) a member of the Legislative Assembly; (b) a director of Manitoba Keewatinowi Okimakanak Inc.; (c) a director of the Assembly of Manitoba Chiefs Secretariat Inc.; (d) a director of the Manitoba Métis Federation Inc.; (e) the Director of Child and Family Services; (f) a director, officer or employee of an agency; (g) a spouse or common-law partner of a person referred to in clauses (a) to (f). Conflict of interest 63(1) A director, officer or employee of an authority has a conflict of interest if he or she knows or reasonably should know that (a) in making a decision or participating in making a decision; or (b) in otherwise carrying out his or her responsibilities; there is an opportunity to further his or her private interest or improperly to further another person's private interest. Procedure on conflict of interest 63(2) A director, officer or employee of an authority who believes that he or she has a conflict of interest must disclose it to the authority and follow the procedures and any other requirements set out in the by-laws of the authority. By-law required 63(3) An authority must, by by-law, establish a conflict of interest policy for its directors, officers and employees and communicate the policy to them. Content of conflict of interest policy 63(4) An authority's conflict of interest policy must include the following: (a) a requirement that before taking office or beginning employment and annually thereafter, a director, officer or employee of the authority file a written declaration disclosing any business, employment or personal interest that results or could result in a conflict between the person's private interest and his or her responsibilities; (b) a requirement that if, after making a declaration, a director, officer or employee acquires an interest that results or could result in a conflict of interest, the person immediately file a revised declaration; (c) the procedures that a director, officer or employee must follow in the event of a conflict of interest, including, at a minimum, requirements that the person (i) immediately disclose the nature and extent of the conflict of interest in writing, (ii) withdraw from any meeting at which the conflict of interest arises, without voting or participating in consideration of the matter, and, if the meeting is a board meeting, request that disclosure of the conflict of interest and withdrawal is noted in the minutes, and (iii) refrain from attempting, directly or indirectly, to influence the decision on the matter. COMING INTO FORCE Coming into force 64 This regulation comes into force on the day The Child and Family Services Authorities Act , S.M. 2002, c. 35, comes into force. SCHEDULE A (Part 2) FIRST NATIONS OF THE NORTHERN AUTHORITY Barren Lands First Nation (Brochet) Bunibonibee Cree Nation (formerly Oxford House) Chemawawin Cree Nation (formerly Easterville) Cross Lake First Nation Fox Lake First Nation (formerly Bird) Garden Hill First Nation God's Lake First Nation Grand Rapids First Nation Manto Sipi Cree Nation (formerly God's River) Marcel Colomb First Nation Mathias Colomb First Nation (formerly Pukatawagan) Mosakahiken Cree Nation (formerly Moose Lake) Nisichawayasihk Cree Nation (formerly Nelson House) Northlands First Nation (Lac Brochet) Norway House Cree Nation Opaskwayak Cree Nation (formerly The Pas) Red Sucker Lake First Nation St.

Theresa Point First Nation Sapotaweyak Cree Nation (formerly Shoal River) Sayisi Dene First Nation (formerly Tadoule Lake and Churchill) Shamattawa First Nation Tataskweyak Cree Nation (formerly Split Lake) War Lake First Nation (formerly Ilford) Wasagamack First Nation Wuskwi Sipihk First Nation (formerly Indian Birch) York Factory First Nation (formerly York Landing) SCHEDULE B (Part 2) FIRST NATIONS OF THE SOUTHERN AUTHORITY Berens River First Nation Birdtail Sioux First Nation Bloodvein First Nation Brokenhead Ojibway Nation (formerly Brokenhead) Buffalo Point First Nation Canupawakpa Dakota First Nation (formerly Oak Lake Sioux) Dakota Plains First Nation Dakota Tipi First Nation Dauphin River First Nation Ebb and Flow First Nation Fisher River First Nation Gamblers First Nation Hollow Water First Nation Keeseekoowenin First Nation Kinonjeoshtegon First Nation (formerly Jackhead) Lake Manitoba First Nation Lake St. Martin First Nation Little Black River First Nation Little Grand Rapids First Nation Little Saskatchewan First Nation Long Plain First Nation O-Chi-Chak-Ko-Sipi First Nation (formerly Crane River) Pauingassi First Nation Pinaymootang First Nation (formerly Fairford) Pine Creek First Nation Poplar River First Nation Rolling River First Nation Roseau River First Nation Government (formerly Roseau River) Sagkeeng First Nation (formerly Fort Alexander) Sandy Bay First Nation Sioux Valley Dakota Nation (formerly Sioux Valley) Skownan First Nation (formerly Waterhen) Swan Lake First Nation Tootinaowaziibeeng Treaty Reserve (formerly Valley River) Waywayseecappo First Nation M.R. 75/2022