Section 1 definition of "designated services" (part) BEFORE amended by 2007-5-7(a), effective March 30, 2007 (BC Reg 88/2007).
"designated services" means any of the following services or programs provided or funded by the government for children and their families:
Section 1 definition of "designated services", paragraph (b) BEFORE amended by 2007-5-7(b), effective March 30, 2007 (BC Reg 88/2007).
(b) early childhood development and care services;
Section 1 definition of "director" BEFORE amended by 2007-5-7(c), effective March 30, 2007 (BC Reg 88/2007).
"director" means a director designated under the Adoption Act or the Child, Family and Community Service Act;
Section 1 definition of "personal information" BEFORE amended by 2007-5-7(d), effective March 30, 2007 (BC Reg 88/2007).
"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act;
Section 1 definition of "reviewable services", paragraph (b.1) was added by 2007-5-7(e), effective March 30, 2007 (BC Reg 88/2007).
Section 1 definition of "designated services", paragraph (e) BEFORE amended by 2021-27-17(a), effective February 28, 2022 (BC Reg 46/2022).
(e) services for youth and young adults during their transition to adulthood;
Section 1 definition of "included adult" was added by 2021-27-17(b), effective February 28, 2022 (BC Reg 46/2022).
Section 1 definition of "designated services", paragraph (a) BEFORE amended by 2021-22-30, effective September 1, 2024 (BC Reg 189/2024).
(a) services or programs under the Adoption Act, the Child Care BC Act, the Child Care Subsidy Act, the Child, Family and Community Service Act, the Community Living Authority Act and the Youth Justice Act;
Part 3 heading BEFORE amended by 2007-5-8, effective March 30, 2007 (BC Reg 88/2007).
Part 3 — Representative's Role, Functions and General Powers
Section 6 (part) was enacted by 2006-29-6, effective March 30, 2007 (BC Reg 88/2007).
[NOTE: above was repealed and re-enacted by 2007-5-9, effective March 30, 2007 (BC Reg 88/2007).]
Section 6 (c) (rem) was enacted by 2007-29-6, effective June 1, 2007 (BC Reg 142/2007).
[NOTE: above was re-enacted by 2007-5-9, effective March 30, 2007 (BC Reg 88/2007).]
Section 6 BEFORE renumbering and adding (1) (a.1) and (2) amended by 2013-12-31, effective March 14, 2013 (Royal Assent).
Functions of representative
6 The representative is responsible for performing the following functions in accordance with this Act:
(a) support, assist, inform and advise children and their families respecting designated services, which activities include, without limitation,
(i) providing information and advice to children and their families about how to effectively access designated services and how to become effective self-advocates with respect to those services,
(ii) advocating on behalf of a child receiving or eligible to receive a designated service, and
(iii) supporting, promoting in communities and commenting publicly on advocacy services for children and their families with respect to designated services;
(b) monitor, review, audit and conduct research on the provision of a designated service by a public body or director for the purpose of making recommendations to improve the effectiveness and responsiveness of that service, and comment publicly on any of these functions;
(c) review, investigate and report on the critical injuries and deaths of children as set out in Part 4;
(d) perform any other prescribed functions.
Section 6 (1) (a.1) BEFORE amended by 2021-27-18(a), effective February 28, 2022 (BC Reg 46/2022).
(a.1) support, assist, inform and advise young adults and their families respecting prescribed services and programs, which activities include, without limitation,
(i) providing information and advice to young adults and their families about how to effectively access prescribed services and programs and how to become effective self-advocates with respect to those services and programs,
(ii) advocating on behalf of a young adult receiving or eligible to receive a prescribed service or program, and
(iii) supporting, promoting in communities and commenting publicly on advocacy services for young adults and their families with respect to prescribed services and programs;
Section 6 (2) BEFORE repealed by 2021-27-18(b), effective February 28, 2022 (BC Reg 46/2022).
(2) In this section, "young adult" means a person who
(a) is 19 years of age or older but is under 24 years of age, and
(b) received a reviewable service within 15 months before the person's 19th birthday.
Section 10 was enacted by 2006-29-10, effective March 30, 2007 (BC Reg 88/2007).
[NOTE: above was repealed and re-enacted by 2007-5-10, effective March 30, 2007 (BC Reg 88/2007).]
Section 10 (2) (b) BEFORE amended by 2023-10-1008, effective March 30, 2023 (Royal Assent).
(b) is necessary to enable the representative to exercise his or her powers or perform his or her functions or duties under this Act.
Section 11 (1) and (2) BEFORE amended by 2007-5-11(a), effective June 1, 2007 (BC Reg 142/2007).
(1) After a ministry or other public body responsible for the provision of a reviewable service becomes aware of a critical injury or death of a child who was receiving, or whose family was receiving, the reviewable service at the time of, or in the year previous to, the critical injury or death, the ministry or other public body must provide information respecting the critical injury or death to the representative for review.
(2) For the purposes of subsection (1), the ministry or other public body may compile the information relating to one or more critical injuries or deaths and provide that information to the representative in time intervals agreed to between the ministry or other public body and the representative.
Section 11 (1) BEFORE amended by 2007-5-11(b), effective June 1, 2007 (BC Reg 142/2007).
(1) After a public body responsible for the provision of a reviewable service becomes aware of a critical injury or death of a child who was receiving, or whose family was receiving, the reviewable service at the time of, or in the year previous to, the critical injury or death, the public body must provide information respecting the critical injury or death to the representative for review.
Subsection 11 (3) BEORE amended by 2007-5-11(c), effective June 1, 2007 (BC Reg 142/2007).
(3) The representative may conduct a review for the purpose of identifying and analyzing recurring circumstances or trends to inform improvements to reviewable services or broader public policy initiatives.
Section 11 (3) BEFORE amended by 2013-12-32, effective March 14, 2013 (Royal Assent).
(3) The representative may conduct a review for the purpose of identifying and analyzing recurring circumstances or trends to improve the effectiveness and responsiveness of a reviewable service or to inform improvements to broader public policy initiatives.
Section 12 (1) (a) BEFORE amended by 2007-5-12(a), effective June 1, 2007 (BC Reg 142/2007).
(a) the reviewable service or the policies or practices of the ministry or other public body responsible for the provision of the reviewable service may have contributed to the critical injury or death, and
Section 13 (a) BEFORE amended by 2007-5-13(a), effective June 1, 2007 (BC Reg 142/2007).
(a) until the completion of a criminal investigation and criminal court proceedings respecting the critical injury or death, and
Section 13 (b) BEFORE amended by 2007-5-13(b), effective June 1, 2007 (BC Reg 142/2007).
(b) if there are processes set out in one or more enactments authorizing or requiring a ministry or other public body responsible for the provision of a reviewable service, or any other public body, to investigate the critical injury or death of the child, until the earlier of
(i) the completion of all those processes, and
(ii) one year after the critical injury or death of the child.
Section 13 (b) BEFORE amended by 2007-15-84, effective September 26, 2007 (BC Reg 298/2007).
(b) if a coroner investigates or conducts an inquiry into the death of the child, until the earliest of
(i) the date on which a signed statement is sent to the chief coroner in accordance with section 17 (1) (a) of the Coroners Act respecting the investigation,
(ii) the date on which a report is forwarded to the chief coroner in accordance with section 20 (4) (b) of the Coroners Act respecting the inquiry,
(iii) the date on which the first person is summoned under section 29 (2) of the Coroners Act to serve as a juror on an inquest respecting the death of the child, and
(iv) one year after the death of the child, and
Section 13 (c) BEFORE amended by 2013-12-33, effective March 14, 2013 (Royal Assent).
(c) if a public body, or a director, responsible for the provision of a reviewable service has, at the time of the critical injury or death of the child, written procedures in place for investigating critical injuries or deaths and the public body or director investigates the critical injury or death of the child, until the earlier of
(i) the completion of the investigation, and
(ii) one year after the critical injury or death of the child.
Section 16 (2) (b) BEFORE amended by 2007-5-15(a), effective June 1, 2007 (BC Reg 142/2007).
(b) the ministry or other public body responsible for the provision of a reviewable service that is a subject of the report;
Section 16 (2) (c) BEFORE amended by 2007-5-15(b), effective June 1, 2007 (BC Reg 142/2007).
(c) any other ministry, public body or person that the representative considers appropriate
Section 16 (4) to (8) BEFORE amended by 2007-5-15(c), effective June 1, 2007 (BC Reg 142/2007).
(4) A report made under subsection (3) must contain the representative's reasons for undertaking the investigation and may contain the following:
(a) recommendations for the ministry or other public body responsible for the provision of a reviewable service, or for any other public body or person the representative considers appropriate;
(b) personal information, if, in the opinion of the representative, it is necessary to establish the grounds for the findings and recommendations contained in the report;
(c) any other matters the representative considers relevant.
(5) Subject to subsection (7), a report made under subsection (3) must be provided to
(a) the standing committee,
(b) the ministry or other public body responsible for the provision of a reviewable service that is the subject of the report, and
(c) the ministry or other public body that is the subject of recommendations in the report, if not already provided a report in accordance with paragraph (b).
(6) Subject to subsection (7), a report or part of a report made under subsection (3) respecting the critical injury or death of a child may be provided to one or more of the following:
(a) the child's parent;
(b) the guardian of the person of the child at the time the report is completed;
(c) the director who has care of the child, as care is defined in section 1 (1) of the Child, Family and Community Service Act;
(d) the child, if the child who sustained the critical injury is 12 years of age or older at the time the report is completed;
(e) the Public Guardian and Trustee;
(f) any other person that the representative considers appropriate.
(7) In providing a report or part of a report under subsection (5) (a) or (c) or (6) (a), (b), (d), (e) or (f), the representative
(a) must not disclose personal information if the disclosure would be an unreasonable invasion of an individual's personal privacy, as set out in section 22 (2) to (4) of the Freedom of Information and Protection of Privacy Act, and
(b) may decide not to disclose information if the disclosure would be harmful to individual or public safety, as set out in section 19 of the Freedom of Information and Protection of Privacy Act.
(8) Without the prior written consent of the representative, a report or part of a report provided under subsection (5) or (6) to the ministry, another public body, the standing committee or a person must be kept confidential.
Section 17 (1) BEFORE amended by 2007-5-16, effective March 30, 2007 (BC Reg 88/2007).
(1) For the 2007/2008 fiscal year of the government and for each subsequent fiscal year of the government, the representative must prepare a service plan that includes a statement of goals and identifies specific objectives and performance measures that will be required to exercise the powers and perform the functions and duties of the representative during that fiscal year.
Section 17 (2) BEFORE amended by 2013-12-34, effective March 14, 2013 (Royal Assent).
(2) The representative must deliver a service plan described in subsection (1) to the Speaker, and the Speaker must lay the service plan before the Legislative Assembly and the standing committee as soon as possible.
Section 18 (2) BEFORE amended by 2007-5-16, effective March 30, 2007 (BC Reg 88/2007).
(2) For the 2007/2008 fiscal year of the government and for each subsequent fiscal year of the government, the representative must present to the standing committee an estimate of the resources, stated in a form suitable for inclusion in the main estimates, that will be required to exercise the powers and perform the functions and duties of the representative during that fiscal year.
Section 19 (1) (part) BEFORE amended by 2007-5-17(a), effective March 30, 2007 (BC Reg 88/2007).
(1) Beginning in 2008, the representative must report annually, before September 30 of each year, to the Speaker of the Legislative Assembly on
Section 19 (1) (a) BEFORE amended by 2007-5-17(b), effective March 30, 2007 (BC Reg 88/2007).
(a) the work of the representative's office, and
Section 20 (2) (a) and (b) BEFORE amended by 2007-5-18, effective March 30, 2007 (BC Reg 88/2007).
(a) recommendations for the ministry or other public body responsible for the provision of a designated service, or for any other public body;
(b) a report of the level of compliance of the ministry or other public body responsible for the provision of a designated service, or of any other ministry or public body, with the recommendations made in a prior report of the representative under this Act;
Section 22 BEFORE amended by 2006-29-22, effective March 30, 2007 (BC Reg 88/2007).
[NOTE: above was repealed and re-enacted by 2007-5-19, effective March 30, 2007 (BC Reg 88/2007).]
Section 23 (4) BEFORE amended by 2007-5-20, effective March 30, 2007 (BC Reg 88/2007).
(4) The representative and a person appointed, employed or retained by the representative under section 7 (1) or (4) or 15 must, subject to this Act, maintain confidentiality in respect of all matters that come to their knowledge in the exercise of powers and the performance of functions and duties under this Act.
Section 23 (6) BEFORE repealed by 2008-42-123(b), effective May 29, 2008 (Royal Assent).
(6) Subsection (5) does not apply to a court proceeding commenced under the Child, Family and Community Service Act.
Section 23 (7) BEFORE amended by 2008-42-123(c), effective May 29, 2008 (Royal Assent).
(7) Subject to subsections (5), (6) and (8), the representative and a person appointed, employed or retained by the representative under section 7 (1) or (4) or 15 must not disclose information that could reasonably be expected to reveal the identity of a person who has made a report under section 14 of the Child, Family and Community Service Act.
Section 23 (8) BEFORE repealed by 2008-42-123(d), effective May 29, 2008 (Royal Assent).
(8) Subsection (7) does not apply if
(a) the person who made the report consents to the disclosure, or
(b) the disclosure is required or authorized under the Child, Family and Community Service Act.
Section 23 (4.1) (a) BEFORE amended by 2013-12-35, effective March 14, 2013 (Royal Assent).
(a) the disclosure is necessary to confirm the representative is performing, has performed or intends to perform one or more of the functions set out in section 6 (a) to (c) in respect of an individual, and
Section 23 (1) (part) and (2) (part) BEFORE amended by 2023-10-1008, effective March 30, 2023 (Royal Assent).
(1) Before beginning to exercise his or her powers and perform his or her functions and duties under this Act, the representative must take an oath before the Clerk of the Legislative Assembly
(2) Before beginning to exercise his or her powers and perform his or her functions and duties under this Act, each deputy representative appointed under section 7 (1) (a) must take an oath before the representative
Section 24 BEFORE re-enacted by 2007-5-21, effective March 30, 2007 (BC Reg 88/2007).
Communications privileged
24 Anything said, any information supplied or any record produced during
(a) a review or an investigation by the representative or a person appointed, employed or retained under section 7 (1) or (4), or
(b) consultation with a member of a multidisciplinary team appointed under section 15
is privileged as if the investigation, review or consultation were a proceeding before a court.
Section 29 (2) (f) BEFORE repealed by 2007-5-22, effective March 30, 2007 (BC Reg 88/2007).
(f) specifying terms and conditions that must be included in an information-sharing agreement;
Section 30 BEFORE amended by 2007-5-23, effective March 30, 2007 (BC Reg 88/2007).
Review of the Act
30 To determine whether the role and functions of the representative described in section 6 are still required to ensure that the needs of children are met, the standing committee, within 5 years of the coming into force of this Act, must undertake a comprehensive review of this Act or a review of portions of this Act.
Section 30 BEFORE renumbering as 30 (1) and adding (2) amended by 2013-12-37, effective March 14, 2013 (Royal Assent).
Review of the Act
30 To determine whether the functions of the representative described in section 6 are still required to ensure that the needs of children are met, the standing committee, within 5 years of the coming into force of section 6, must undertake a comprehensive review of this Act or a review of portions of this Act.
Section 30 (1) BEFORE amended by 2021-27-19, effective February 28, 2022 (BC Reg 46/2022).
(1) To determine whether the functions of the representative described in section 6 are still required to ensure that the needs of children, and young adults as defined in that section, are met, the standing committee, before April 1, 2017, and at least once every 5 years after that, must undertake a comprehensive review of this Act or a review of portions of this Act.