The Advocate for Children and Youth Act

The Advocate for Children and Youth Act, C.C.S.M. c. A6.7 (Assented to June 2, 2017) bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS 1 Definitions 1.1 Interpretation — child and family services under Indigenous law PART 2 OFFICE OF THE ADVOCATE FOR CHILDREN AND YOUTH 2 Appointment of Advocate for Children and Youth 3 Officer of the Assembly 4 Term of office 5 Remuneration 6 Pension and employment status 7 Resignation, removal or suspension 8 Deputy Advocate 9 Repealed 10 Oath of office PART 3 GENERAL RESPONSIBILITIES AND POWERS 11 Responsibilities 12 United Nations Convention on the Rights of the Child 13 Advice to ministers 14 Power to delegate 15 Access to places re designated services 16 No power to act as legal counsel 17 Right to information 18 Confidentiality of information 19 Limits on disclosure of personal information PART 4 REVIEWS AND INVESTIGATIONS OF SERIOUS INJURIES AND DEATHS REVIEWS 20 Reviews of serious injuries and deaths 20.1 Exception in relation to Indigenous law 21 Duty to report 22 Disclosure of results of the review INVESTIGATIONS 23 Investigations of serious injuries and deaths 24 Limits on jurisdiction to investigate 25 Right to enter and inspect 26 Power to compel persons to answer questions and order disclosure 27 Report after investigation 28 Referral by Assembly or LG in C 28.1 Collaboration with review or investigation under Indigenous law PART 5 SERVICE PLAN, ANNUAL REPORT AND SPECIAL REPORTS 29 Service plan 30 Annual report 31 Special reports 32 Limits on disclosure of personal information PART 6 GENERAL PROVISIONS 33 Communication with Advocate 34-35 Protections for Advocate 36 Protections for persons giving information 37 Offence and penalty 38 Regulations 39 Rules of the Assembly 40 Review of Act PART 7 TRANSITIONAL, CONSEQUENTIAL, C.C.S.M. REFERENCE AND COMING INTO FORCE 41 Transitional 42-52 Consequential amendments to other Acts 53 C.C.S.M. reference 54 Coming into force WHEREAS the Government of Manitoba recognizes that all children and youth have the right to learn and develop, to be protected from harm, to receive care and assistance, to participate in decisions that affect their lives, and to share in and contribute to family, cultural and social life; AND WHEREAS children and youth deserve services that are accessible and effective, that value their cultural background and that respect their rights, interests and viewpoints; AND WHEREAS services for Indigenous children and youth should be provided in a way that respects the values, beliefs, customs and traditional communities of Indigenous peoples and nations and is informed by a commitment to reconciliation between Indigenous and non-Indigenous peoples; AND WHEREAS children and youth of all gender identities, including two-spirit, transgender and non-binary, deserve services that respect their dignity and support them in living fully and authentically; AND WHEREAS the principles of the United Nations Convention on the Rights of the Child, the United Nations Convention on the Rights of Persons with Disabilities and the United Nations Declaration on the Rights of Indigenous Peoples can offer valuable guidance for the design and delivery of services for children and youth; AND WHEREAS an independent officer of the Legislative Assembly who advocates for and provides support and advice to children, youth and their families will enhance the quality of the services they receive; S.M. 2026, c. 18, s. 2 . THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 DEFINITIONS Definitions 1 The following definitions apply in this Act. "Advocate" means the Advocate for Children and Youth appointed under section 2. (« protecteur ») "child" means a person under the age of 18 years and includes a youth. (« enfant ») "designated service" means, subject to section 1.1, any of the following services or programs provided or funded by the government: (a) services and programs for children and their families provided under The Child and Family Services Act or The Adoption Act ; (b) disability services for children, as described in the regulations; (c) educational programming for children who have, or are eligible to have, an individual education plan under The Public Schools Act ; (d) mental health services for children provided by or on behalf of a public body or a health care facility; (e) addiction services for children provided by or on behalf of a public body or a health care facility; (f) victim support services provided for children or their families by or on behalf of the government; (g) youth justice services; (h) the following services for young adults: (i) services for young adults provided under section 50.1 of The Child and Family Services Act to assist them in their transition to independence, (ii) disability services described in the regulations for young adults with an intellectual disability (as defined in The Adults Living with an Intellectual Disability Act ) who were receiving any services under The Child and Family Services Act immediately before their 18th birthday, (iii) educational programming for young adults who were in the care of an agency under The Child and Family Services Act immediately before their 18th birthday and who have, or are eligible to have, an individual education plan under The Public Schools Act ; (i) additional services or programs described in the regulations. (« services désignés ») "fiscal year" means the period beginning on April 1 of one year and ending on March 31 of the following year. (« exercice ») "health care facility" has the same meaning as in The Personal Health Information Act , but excludes a medical clinic or laboratory that is privately operated. (« établissement de soins de santé ») "Indigenous governing body" means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 . (« corps dirigeant autochtone ») "Indigenous law" has the same meaning as in The Child and Family Services Act . (« texte autochtone ») "parent" and "guardian" have the same meaning as in The Child and Family Services Act . (« parent » et « tuteur ») "person" includes a trustee as defined in The Personal Health Information Act . (« personne ») "personal health information" has the same meaning as in The Personal Health Information Act . (« renseignements médicaux personnels ») "personal information" has the same meaning as in The Freedom of Information and Protection of Privacy Act . (« renseignements personnels ») "public body" means a public body as defined in The Freedom of Information and Protection of Privacy Act . (« organisme public ») "reviewable service" means any of the following designated services: (a) services and programs for children and their families provided under The Child and Family Services Act or The Adoption Act ; (b) mental health services for children provided by or on behalf of a public body or a health care facility; (c) addiction services for children provided by or on behalf of a public body or a health care facility; (d) youth justice services; (e) services for young adults provided under section 50.1 of The Child and Family Services Act to assist them in their transition to independence; (f) additional designated services that are set out in the regulations. (« services sujets à examen ») "serious injury" means an injury that (a) is life-threatening; (b) requires admission to a hospital or other health care facility and is reasonably expected to cause serious or long-term physical or psychological impairment; or (c) is the result of a sexual assault that causes serious physical harm or is reasonably expected to cause long-term psychological impairment. (« blessure grave ») "young adult" means a person 18 years of age or older but under 21 years of age. (« jeune adulte ») "youth" means a child 12 years of age or older. (« jeune ») "youth justice services" means services under The Correctional Services Act for children in custody or under supervision pursuant to an order under the Youth Criminal Justice Act (Canada). (« services en matière de justice pour adolescents ») S.M. 2023, c. 19, s. 81 ; S.M. 2023, c. 26, s. 50 ; S.M. 2026, c. 29, s. 7 . Interpretation — child and family services under Indigenous law 1.1 Child and family services that are provided under an Indigenous law are not included in any of the services referred to in the definition "designated service" and must not be described in regulations for the purposes of clause (b) or (i) of that definition. S.M. 2023, c. 26, s. 51 . PART 2 OFFICE OF THE ADVOCATE FOR CHILDREN AND YOUTH APPOINTMENT Appointment of Advocate for Children and Youth 2(1) A person shall be appointed as the Advocate for Children and Youth by resolution of the Assembly. Committee recommendation required 2(1.1) A person may be appointed as the Advocate only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs. Appointment process 2(2) If at any time the office of Advocate (a) will become vacant within six months because the term of office is scheduled to expire or the Advocate has resigned; or (b) has become vacant for any other reason; the President of the Executive Council must, within one month after that time, convene a meeting of the Standing Committee on Legislative Affairs and the Standing Committee must, within six months after that time, consider candidates for the office and make a recommendation to the Assembly. S.M. 2022, c. 20, s. 1 . Officer of the Assembly 3(1) The Advocate is an officer of the Assembly. No other public office 3(2) The Advocate may not hold any other public office or engage in any partisan political activity. Term of office 4(1) The Advocate is to hold office for a term of five years. Re-appointment 4(2) The Advocate may be re-appointed for a second term of five years but may not hold office for more than two five-year terms. Remuneration 5(1) Subject to this section, the salary and benefits of the Advocate are to be determined by the Legislative Assembly Management Commission. No reduction of salary 5(2) The Advocate's salary must not be reduced except on a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. Expenses 5(3) The Advocate must be reimbursed for reasonable travelling and out-of-pocket expenses incurred in carrying out his or her responsibilities. S.M. 2022, c. 20, s. 1 . Civil Service Superannuation Act applies 6(1) The Advocate and all persons employed under the Advocate are employees within the meaning of The Civil Service Superannuation Act . 6(2) [Repealed] S.M. 2021, c. 11, s. 67 . Employees 6(3) Persons employed under the Advocate must be appointed under section 58 of The Public Service Act . S.M. 2021, c. 11, s. 67 . RESIGNATION, REMOVAL OR SUSPENSION Resignation 7(1) The Advocate may resign at any time by giving written notice to the Speaker of the Assembly or, if the Speaker is absent or there is no Speaker, to the Clerk of the Assembly. Suspension or removal 7(2) The Advocate may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. Suspension if Assembly not sitting 7(3) If the Assembly is not sitting, the Speaker may, with the prior approval of the Legislative Assembly Management Commission, suspend the Advocate for cause. Length of suspension 7(4) A suspension under subsection (3) ends no later than 30 sitting days of the Assembly after the suspension came into effect. S.M. 2022, c. 20, s. 1 . APPOINTMENT OF DEPUTY ADVOCATE FOR CHILDREN AND YOUTH Deputy Advocate 8(1) On the recommendation of the Advocate and with the prior approval of the Legislative Assembly Management Commission, a Deputy Advocate may be appointed under section 58 of The Public Service Act . Experience working with Indigenous children, young adults and families 8(2) Before seeking the commission's approval for the appointment of a person as Deputy Advocate, the Advocate must consider the person's understanding of and experience working with Indigenous children and young adults and their families in Manitoba. Powers and responsibilities 8(3) If the Advocate is absent or unable to act or if the office is vacant, the Deputy Advocate has the powers and responsibilities of the Advocate. Salary in certain cases 8(4) If the Deputy Advocate has assumed the Advocate's responsibilities for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the Deputy be paid a salary within the same range as the Advocate's salary. No other public office 8(5) The Deputy Advocate may not hold any other public office or engage in any partisan political activity. S.M. 2021, c. 11, s. 67 ; S.M. 2022, c. 20, s. 1 . 9 [Repealed] S.M. 2022, c. 20, s. 1 . OATH OF OFFICE Oath of office of Advocate 10(1) Before beginning to carry out responsibilities or exercise powers under this Act, the Advocate must take an oath before the Speaker or the Clerk of the Assembly to faithfully and impartially carry out the responsibilities of office and not to disclose any information received under this Act except as provided in this Act. Oath of staff 10(2) Every person employed under or acting as a delegate of the Advocate must, before beginning to carry out his or her responsibilities, take an oath before the Advocate not to disclose any information received under this Act except as provided in this Act. PART 3 GENERAL RESPONSIBILITIES AND POWERS RESPONSIBILITIES AND POWERS Responsibilities 11(1) The Advocate has the following responsibilities: (a) to support, assist, inform and advise children, young adults and their families respecting designated services, including (i) by providing information and advice to children, young adults and their families about how to effectively access designated services and how to become effective self-advocates with respect to those services, (ii) by representing the rights, interests and viewpoints of children and young adults receiving or eligible to receive designated services, including by advocating on their behalf, and (iii) by supporting, promoting in communities and commenting publicly on advocacy services for children, young adults and their families with respect to designated services; (b) to conduct research on the provision of a designated service for the purpose of making recommendations to improve the effectiveness and responsiveness of that service; (c) to review, investigate and report on the serious injuries and deaths of children and young adults as set out in Part 4; (d) to monitor the implementation of recommendations included in reports made under section 27 (investigation) or special reports made under section 31; (e) to carry out other responsibilities as set out in this Act. Priority for children and young adults without others to assist them 11(2) In carrying out responsibilities respecting advocacy under this Act, the Advocate may give priority to children and young adults who do not have others who can assist them to advocate for their rights, interests and viewpoints. Agreements 11(3) For the purpose of facilitating the carrying out of responsibilities under clauses (1)⁠(a) and (b), the Advocate may enter into an agreement with (a) a department, branch or office of the executive government of the province; or (b) an entity that provides a designated service. S.M. 2026, c. 18, s. 3 . United Nations Convention on the Rights of the Child 12 The Advocate may take steps to raise awareness and understanding of the United Nations Convention on the Rights of the Child and advocate for its principles while carrying out responsibilities under this Act. S.M. 2026, c. 18, s. 4 . Advice to ministers 13 The Advocate may advise a minister responsible for the provision of a designated service about any matter relating to that service that the Advocate considers appropriate. Power to delegate 14(1) The Advocate may, in writing, delegate to a person any responsibility or power of the Advocate under this Act, except the power to make a report or to further delegate a responsibility or power. Advocate may still exercise power 14(2) The Advocate may continue to carry out a responsibility or exercise a power that the Advocate has delegated. Delegation in case of conflict 14(3) Despite subsections (1) and (2), if the Advocate is in a conflict of interest concerning a matter, the Advocate may, in writing, delegate to the Deputy Advocate any responsibility or power respecting the matter, including the power to make a report. S.M. 2023, c. 10, s. 1 . Access to places re designated services 15 When, for the purpose of carrying out responsibilities under this Act, the Advocate requests access to a place where children or young adults receive a designated service, the owner or person in charge of the place must provide access at a time when it is reasonable and safe to do so. No power to act as legal counsel 16 The Advocate may not act as legal counsel. RIGHT TO INFORMATION Right to information 17(1) The Advocate may require a public body or other person to provide any information in its custody or under its control — including personal information and personal health information — necessary to enable the Advocate to carry out responsibilities or exercise powers under this Act. Duty to provide information and assistance 17(2) Despite any other enactment, the public body or other person must provide the Advocate with the information and assistance that the Advocate requires. Privileged information excluded 17(3) Despite subsection (1), the Advocate may not require information that is subject to a legal privilege, including solicitor-client privilege, the privilege respecting Cabinet confidences and the privilege in section 9 of The Manitoba Evidence Act (hospital, standards and critical incident review committees). Information for research purposes 17(4) When conducting research under clause 11(1)⁠(b), the Advocate must not require personal information or personal health information if other information will serve the purpose of the research. Providing research information 17(5) Information required for research under clause 11(1)⁠(b) is to be provided at the times and in the manner agreed on by the Advocate and the public body or other person. CONFIDENTIALITY AND PRIVACY Confidentiality of information 18(1) The Advocate, and anyone employed under or acting as a delegate of the Advocate, must (a) maintain confidentiality about all matters that come to their knowledge in the course of their work under this Act; and (b) not disclose information to any person except as required to carry out responsibilities and exercise powers under this Act. No disclosure re adoption records 18(2) The Advocate, and anyone employed under or acting as a delegate of the Advocate, must not disclose personal information, personal health information or potentially identifying information relating to the granting of an order of adoption under The Adoption Act . Limits on disclosure re identity of informant 18(3) The Advocate, and anyone employed under or acting as a delegate of the Advocate, must not disclose the identity of a person who has made a report under section 18 of The Child and Family Services Act unless (a) the disclosure is required in a proceeding of a judicial nature in accordance with section 35; or (b) the person who made the report consents to the disclosure . Disclosure to another advocate or representative 18(4) Subject to subsections (2) and (3), the Advocate may disclose information relating to a child or young adult to an advocate or representative for children and youth that carries out their responsibilities in another province or territory or under an Indigenous law, where reasonably required by that advocate or representative to carry out responsibilities with respect to the child or young adult. S.M. 2023, c. 26, s. 52 . Limits on disclosure of personal information 19(1) The Advocate, and anyone employed under or acting as a delegate of the Advocate, must ensure that any disclosure of personal information, personal health information or potentially identifying information (a) is necessary to accomplish the purpose for which the disclosure is made; and (b) is limited to the minimum amount of information necessary to accomplish that purpose. Disclosure limits apply to reviews, investigations and reports 19(2) For certainty, subsection (1) applies during any review or investigation conducted under this Act and in relation to the making of any report under this Act. PART 4 REVIEWS AND INVESTIGATIONS OF SERIOUS INJURIES AND DEATHS REVIEWS OF SERIOUS INJURIES AND DEATHS Jurisdiction to review — serious injury to child 20(1) The Advocate may review a serious injury to a child who was receiving, or whose family was receiving, a reviewable service at the time of the injury or in the year before the injury. Jurisdiction to review — serious injury to young adult 20(2) The Advocate may review a serious injury to a young adult who was receiving services under section 50.1 of The Child and Family Services Act (support after age of majority) at the time of the injury or in the year before the injury. Jurisdiction to review — death of child or young adult 20(3) After receiving notice of the death of a child or young adult from the chief medical examiner under The Fatality Inquiries Act , the Advocate may review (a) a child's death, if the child or his or her family was receiving a reviewable service at the time of the death or in the year before the death; and (b) a young adult's death, if the young adult was receiving services under section 50.1 of The Child and Family Services Act at the time of the death or in the year before the death. Purpose of review 20(4) A review under this section may be conducted for the following purposes: (a) to determine whether to investigate the serious injury or death under section 23; (b) to identify and analyse recurring circumstances or trends (i) to improve the effectiveness and responsiveness of reviewable services, or (ii) to inform improvements to public policies relating to designated services. S.M. 2026, c. 29, s. 7 . Exception in relation to Indigenous law 20.1(1) Despite section 20 but subject to subsection (2), the Advocate is not authorized to review a serious injury to or death of a child or young adult if (a) the only services that could give rise to a review under section 20 were provided under The Child and Family Services Act ; and (b) an Indigenous law governed the provision of child and family services in relation to the child or young adult at the time of the serious injury or death. If Indigenous governing body agrees to review 20.1(2) The Advocate may review a serious injury or death in the circumstances referred to in subsection (1) if (a) the services under The Child and Family Services Act were provided at the request or with the agreement of the Indigenous governing body for the Indigenous group, community or people that made the Indigenous law, or a person or entity providing services under the Indigenous law; and (b) the Indigenous governing body for the Indigenous group, community or people that made the Indigenous law agrees to the review. S.M. 2023, c. 26, s. 53 . Duty to report serious injury to child 21(1) After a government department or health authority responsible for the provision of a reviewable service becomes aware of a serious injury to a child for which a review may be conducted under subsection 20(1), it must provide information about the injury to the Advocate. Duty to report serious injury to young adult 21(2) After the government department responsible for the provision of services under The Child and Family Services Act becomes aware of a serious injury to a young adult for which a review may be conducted under subsection 20(2), it must provide information about the injury to the Advocate. Information provided at intervals 21(3) For the purpose of this section, a government department or health authority may compile information relating to one or more serious injuries and provide it to the Advocate at intervals agreed on by the Advocate and the department or health authority. Assessment before review 21(4) The Advocate must assess each report of a serious injury or death that he or she receives to determine if there is jurisdiction to review the injury or death under section 20 and whether a review is warranted. Interpretation 21(5) When applying this section, section 20 is to be interpreted as being subject to section 20.1. S.M. 2021, c. 15, s. 127 ; S.M. 2023, c. 26, s. 57 . Disclosure of results of the review 22 If, after completing a review under section 20, the Advocate decides not to investigate under section 23, the Advocate may disclose the results of the review to (a) the government department or health authority responsible for the provision of the reviewable service that is the subject of the review; (b) the public body or other person who provided the reviewable service; and (c) any other person or entity that the Advocate considers appropriate to notify in the circumstances. S.M. 2021, c. 15, s. 77 . INVESTIGATIONS OF SERIOUS INJURIES AND DEATHS Investigations of serious injuries and deaths 23(1) The Advocate may investigate a serious injury or death of a child or young adult if, after completing a review under section 20, the Advocate determines that (a) a reviewable service, or related policies or practices, might have contributed to the serious injury or death; and (b) the serious injury or death, (i) in the case of a child, was or may have been due to one or more of the circumstances set out in section 17 of The Child and Family Services Act (child in need of protection), (ii) occurred in unusual or suspicious circumstances, or (iii) was, or may have been, self-inflicted or inflicted by another person. Persons notified of an investigation 23(2) On deciding to investigate a serious injury or death under this Part, the Advocate must notify (a) the minister responsible for the provision of a reviewable service that is a subject of the investigation; (b) the public body or other person that provided a reviewable service that is a subject of the investigation; (c) if the reviewable service was provided by a child and family services agency, its mandating authority under The Child and Family Services Act ; (d) if the reviewable service was funded by a health authority, that authority; and (e) any other person or entity that the Advocate considers appropriate to notify in the circumstances. S.M. 2021, c. 15, s. 77 . Limits on jurisdiction to investigate 24 Despite section 23, this Act does not authorize the Advocate to investigate a serious injury or death of a child or young adult (a) until the completion of any criminal investigation and criminal court proceedings respecting the serious injury or death, unless the Attorney General or delegate gives the Advocate written permission to proceed with an investigation; (b) if an investigation into the death is conducted under The Fatality Inquiries Act , until the earliest of the following events: (i) the investigation is completed and the chief medical examiner has, under section 19 of that Act, determined whether an inquest should be held, (ii) the chief medical examiner gives the Advocate written permission to proceed with an investigation, (iii) one year after the death; (c) if, at the time of the serious injury or death, written procedures for investigating serious injuries or deaths are in place under another enactment, and an investigation is conducted, until the earliest of the following events: (i) the investigation is completed, (ii) the investigating body gives the Advocate written permission to proceed with an investigation, (iii) one year after the serious injury or death. INVESTIGATIVE POWERS Right to enter and inspect 25 For the purpose of an investigation under this Part, the Advocate may at any reasonable time enter and inspect any place where a reviewable service being investigated is or was provided. Power to compel persons to answer questions and order disclosure 26(1) For the purpose of an investigation under this Part and subject to subsection 17(3) (privileged information), the Advocate may make one or both of the following orders: (a) an order requiring a person to attend, personally or by electronic means, before the Advocate to answer questions on oath or affirmation, or in any other manner; (b) an order requiring a public body or other person to produce for the Advocate a record or other thing in the person's custody or under his or her control. Order to comply 26(2) The Advocate may apply to the Court of King's Bench for an order directing a public body or person to comply with an order made under subsection (1). REPORT AFTER INVESTIGATION Report after investigation 27(1) After investigating a serious injury or death of a child or young adult under this Part, the Advocate must make a report on that injury or death. Contents of report 27(2) A report must contain the reasons the Advocate had for undertaking the investigation and his or her findings and may (a) contain recommendations for (i) the public body or other person that provided a reviewable service that is a subject of the investigation, or (ii) any other public body or person providing a designated service that the Advocate considers appropriate; and (b) address any other matters that the Advocate considers relevant. No finding of legal responsibility 27(3) The findings of the Advocate must not contain any finding of legal responsibility. Persons given report 27(4) A copy of the report must be given to (a) the minister responsible for the provision of a reviewable service that is a subject of the investigation; (b) any public body or other person that is a subject of recommendations in the report; (c) if the report makes recommendations for a child and family services agency, its mandating authority under The Child and Family Services Act ; (d) if the report makes recommendations for a public body or other person funded by a health authority, that authority; and (e) the chief medical examiner if the report concerns the death of a child or young adult. Summary for child or young adult 27(5) If the Advocate considers it appropriate to do so, the Advocate may provide a summary of the report to the child or young adult who is the subject of the report and to the child's parent or guardian. S.M. 2021, c. 15, s. 77 ; S.M. 2023, c. 26, s. 54 . REFERRAL BY ASSEMBLY OR LIEUTENANT GOVERNOR IN COUNCIL FOR INVESTIGATION Referral by committee of Assembly or LG in C 28(1) A standing committee of the Assembly or the Lieutenant Governor in Council may refer a serious injury or death of a child or young adult to the Advocate for investigation and report under this Part. Report on a referral 28(2) After receiving a referral, the Advocate must investigate the serious injury or death so far as it is within the Advocate's jurisdiction under this Part, and make a report to the standing committee or the Lieutenant Governor in Council as the Advocate considers appropriate. Interpretation 28(3) For greater certainty, the Advocate is not authorized under this section to investigate an injury or death that the Advocate would not be authorized to review under this Part. S.M. 2023, c. 26, s. 55 . Collaboration with review or investigation under Indigenous law 28.1(1) The Advocate may conduct a review or investigation under this Act of a reviewable service provided under The Child and Family Services Act in collaboration with any of the following: (a) an advocate or representative for children and youth acting under an Indigenous law; (b) a person or entity providing services under an Indigenous law; (c) an Indigenous governing body. Circumstances where collaboration permitted 28.1(2) The Advocate may conduct the review or investigation in collaboration with a person or entity referred to in subsection (1) only if (a) the child or young adult was receiving services under an Indigenous law at the time of the serious injury or death or in the year before the serious injury or death; and (b) an Indigenous law authorizes the person or entity with whom the Advocate is to collaborate to review or investigate the serious injury or death. Agreement required 28.1(3) Before collaborating under this section with a person or entity referred to in subsection (1), the Advocate must enter into a written agreement with that person or entity to do so. S.M. 2023, c. 26, s. 55 . PART 5 SERVICE PLAN, ANNUAL REPORT AND SPECIAL REPORTS SERVICE PLAN Service plan 29(1) For the fiscal year beginning after the coming into force of this Act and for each fiscal year afterwards, the Advocate must prepare a service plan that describes the goals of the Advocate for the year and sets out specific objectives and performance measures. Plan submitted to Speaker 29(2) The Advocate must submit the service plan to the Speaker of the Assembly by November 30 of the year before the fiscal year to which the service plan relates. Tabling plan in Assembly 29(3) The Speaker must table a copy of the service plan in the Assembly on any of the first 15 days on which the Assembly is sitting after the Speaker receives it. ANNUAL REPORT Annual report to Assembly 30(1) For each fiscal year, the Advocate must prepare and submit to the Speaker of the Assembly an annual report on the carrying out of responsibilities and the exercise of powers under this Act. Contents 30(2) Subject to section 32 (limits on disclosure of personal information), the annual report must include (a) information on the work of the Advocate during the year; (b) information on the work of the Advocate during the year with Indigenous children, young adults and their families; (c) aggregate non-identifying information relating to the reviews and investigations conducted by the Advocate during the year; (d) a summary of recommendations included in any special report made under section 31 during the year; and (e) information as to whether the goals and the specific objectives and performance measures of the Advocate set out in the service plan prepared for the year have been met. Comparison of actual and expected results required 30(3) In relation to clause (2)⁠(e), the report must compare actual results for the fiscal year with the expected results identified in the service plan for the Advocate for that fiscal year. Compliance information may be included 30(4) The annual report may include information as to the level of compliance with previous recommendations the Advocate has made under this Act or a former Act. Submitting annual report to Speaker 30(5) The Advocate must submit the annual report to the Speaker of the Assembly by November 30 of each year. Tabling report in Assembly 30(6) The Speaker must table a copy of the annual report in the Assembly on any of the first 15 days on which the Assembly is sitting after the Speaker receives it. Referral to Standing Committee 30(7) The annual report stands referred to the Standing Committee of the Assembly on Legislative Affairs. The Standing Committee must begin considering it within 60 days after it is tabled in the Assembly. SPECIAL REPORTS Special reports 31(1) In order to improve the effectiveness and responsiveness of designated services, the Advocate may publish special reports. Contents 31(2) Subject to section 32 (limits on disclosure of personal information), a special report may (a) include recommendations for (i) a minister responsible for the provision of a designated service, and (ii) any public body or other person providing a designated service that the Advocate considers appropriate; (b) refer to and comment on any matter the Advocate has reviewed or investigated under Part 4; and (c) include information the Advocate considers necessary about any matter for which the Advocate has responsibility under this Act. DISCLOSURE OF PERSONAL INFORMATION IN ANNUAL AND SPECIAL REPORTS Limits on disclosure of personal information 32(1) In an annual or special report, the Advocate must not disclose personal information, personal health information or potentially identifying information about an individual unless the Advocate is of the opinion that the public interest in the disclosure clearly outweighs the privacy interests of any individual whose information is disclosed. No disclosure of an individual's name 32(2) Despite subsection (1), the Advocate must not disclose the name of a child, a young adult, a child's parent or guardian, or a young adult's parent or former guardian in an annual or special report unless (a) the Advocate has obtained consent from the individual whose name is to be disclosed or, in the case of a child who is incapable of giving consent, from the child's parent or guardian; or (b) the name has already lawfully been made public by other means. PART 6 GENERAL PROVISIONS COMMUNICATION FROM CHILD OR YOUNG ADULT Right to communicate with Advocate 33(1) Every child or young adult who is receiving or is eligible to receive designated services has a right to communicate with the Advocate. Communication from child 33(2) If a child in a facility asks to communicate with the Advocate, the person in charge of the facility must forward the request to the Advocate or must assist the child to contact the Advocate directly. The child is entitled to communicate with the Advocate privately and in confidence. Information given to child 33(3) The person in charge of a facility must inform each child placed there of the services offered by the Advocate, the right to communicate in private with the Advocate and how to contact the Advocate. Meaning of "facility" 33(4) In this section, "facility" means a facility or other place in which a child is placed under an Act of the province or under the Youth Criminal Justice Act (Canada). PROTECTIONS FOR ADVOCATE Protection from liability 34 No action or proceeding may be brought against the Advocate, or anyone employed under or acting as a delegate of the Advocate, for anything done, or omitted to be done, in good faith, in the performance or intended performance of a responsibility or the exercise or intended exercise of a power under this Act. Advocate and staff not compellable 35 The Advocate, and anyone employed under or acting as a delegate of the Advocate, must not be compelled to give evidence in a court or in a proceeding of a judicial nature with respect to anything coming to his or her knowledge in carrying out responsibilities or exercising powers under this Act except (a) to enforce compliance with this Act; or (b) in a prosecution for perjury. PROTECTIONS FOR PERSONS GIVING INFORMATION Protection from liability 36(1) No action or proceeding may be brought against a person by reason only of having complied with a request or requirement of the Advocate to provide information, answer questions or produce a record or other thing under this Act. Communications privileged 36(2) The following information, records and reports are privileged and not admissible in evidence in an action or proceeding, except to enforce this Act or in a prosecution for perjury: (a) anything said, any information given and any record produced during a review or investigation by the Advocate under this Act; (b) any report made after an investigation under section 27. Defence under other enactments 36(3) No person is guilty of an offence under another enactment by reason only of having complied with a request or requirement to provide information, answer questions or produce a record or other thing under this Act. No retaliatory action against persons giving information 36(4) No person shall take adverse employment action against, or withhold services from, or otherwise discriminate against another person because the other person has complied with a request or requirement of the Advocate to provide information, answer questions or produce a record or other thing under this Act. OFFENCE AND PENALTY Offence and penalty 37 Every person who (a) wilfully obstructs, hinders, or resists the Advocate or any other person carrying out responsibilities or exercising powers under this Act; (b) refuses or wilfully fails to comply with a lawful requirement of the Advocate or any other person under this Act; (c) knowingly makes a false statement to or misleads or attempts to mislead the Advocate or any other person carrying out responsibilities or exercising powers under this Act; or (d) fails to comply with subsection 36(4) (no retaliatory action); is guilty of an offence and liable on conviction to a fine of not more than $10,000 or to imprisonment for a term not exceeding three months, or both. REGULATIONS Regulations 38 The Lieutenant Governor in Council may make regulations (a) for the purpose of the definition "designated service", describing additional services or programs as designated services; (b) for the purpose of the definition "reviewable service", setting out additional designated services that are reviewable services; (c) describing disability services for the purpose of clause (b) and subclause (h)⁠(ii) of the definition "designated service"; (d) for the purpose of Part 4, respecting the reporting of serious injuries to children and young adults to government departments or health authorities, including who must report and the manner and timing of reporting; (d.1) for the purpose of section 28.1, respecting collaborating on the conduct of reviews and investigations, including the form and content of agreements; (e) defining any word or expression used but not defined in this Act. S.M. 2021, c. 15, s. 77 ; S.M. 2023, c. 26, s. 56 . RULES OF THE ASSEMBLY Rules of the Assembly 39(1) The Assembly may make general rules for the guidance of the Advocate in carrying out responsibilities and exercising powers under this Act. Procedure of Advocate 39(2) Subject to this Act and any rules made under subsection (1), the Advocate may determine his or her procedure. REVIEW OF ACT Review of Act 40 Within seven years after this section comes into force and once every seven years after that, a committee of the Assembly must begin a comprehensive review of this Act and must, within one year after beginning the review, submit a report to the Assembly that includes any amendments to this Act recommended by the committee. S.M. 2026, c. 18, s. 5 . PART 7 TRANSITIONAL, CONSEQUENTIAL, C.C.S.M. REFERENCE AND COMING INTO FORCE TRANSITIONAL "Former Act" defined 41(1) In this section, "former Act" means The Child and Family Services Act as it read immediately before the coming into force of this Act. Children's advocate continues in office 41(2) Subject to subsection (3), the children's advocate appointed under the former Act continues in office as the Advocate under this Act as if appointed under this Act, but for a term that expires on the day the appointment under the former Act would expire. If new appointment after March 1, 2017 41(3) If a person is appointed as children's advocate under the former Act after March 1, 2017, that advocate continues in office, as if appointed Advocate for Children and Youth under this Act, for a five-year term beginning on the day of the appointment. Reviews of child deaths 41(4) Any review of a child's death that was required under the former Act but not completed on the day this Act comes into force is to be dealt with according to the provisions of this Act, and the Advocate has discretion under Part 4 of this Act as to whether to conduct the review or not. Transitional — Ombudsman's duties 41(5) The Ombudsman's duty to monitor and report on the implementation of the children's advocate's recommendations under section 16.1 of The Ombudsman Act ceases on the coming into force of this Act. Transfer of records 41(6) Any records maintained by the Ombudsman for the last year in which the Ombudsman had a monitoring and reporting duty under section 16.1 of The Ombudsman Act must be transferred to the Advocate. CONSEQUENTIAL AMENDMENTS 42 to 52 NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts. C.C.S.M. REFERENCE AND COMING INTO FORCE C.C.S.M. reference 53 This Act may be referred to as chapter A6.7 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 54 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2017, c. 8, except section 1 insofar as it enacts clauses (b) to (e) of the definition "reviewable service" and section 21, came into force by proclamation on March 15, 2018. NOTE: Section 1, insofar as it enacts clauses (b) to (d) of the definition "reviewable service", came into force by proclamation on June 1, 2021. NOTE: Section 1, insofar as it enacts clause (e) of the definition "reviewable service", came into force by proclamation on July 1, 2018. NOTE: Section 21 came into force by proclamation on July 1, 2023.