CHILD AND FAMILY SERVICES ACT, Consolidation of


Published: 2020-02-21

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S.N.W.T. 1997,c.13

CONSOLIDATION OF CHILD AND FAMILY SERVICES ACT

S.N.W.T. 1997,c.13

In force October 30, 1998: SI-017-98

(Current to: February 21, 2020)

AS AMENDED BY NORTHWEST TERRITORIES STATUTES:

S.N.W.T. 1998,c.17

AS AMENDED BY STATUTES ENACTED UNDER SECTION 76.05 OF NUNAVUT ACT:

S.N.W.T. 1998,c.34

In force April 1, 1999

AS AMENDED BY NUNAVUT STATUTES:

S.Nu. 2003,c.4,s.12

s.12 in force March 28, 2003

S.Nu. 2009,c.10

In force December 8, 2009

S.Nu. 2010,c.4,s.8

s.8 in force March 23, 2010

S.Nu. 2011,c.6,s.4

s.4 in force February 25, 2011

S.Nu. 2011,c.11,s.1

s.1 in force March 10, 2011

S.Nu. 2011,c.15

In force June 9, 2011

S.Nu. 2013,c.15

In force January 16, 2014, except s.8

s.8 NIF

S.Nu. 2013,c.20,s.5

s.5 in force May 16, 2013

S.Nu. 2017,c.22,s.3,4

s.3,4 in force June 8, 2017

S.Nu. 2018,c.8,s.11(2)(a),(4)

s.11(2)(a),(4) in force October 17, 2018

This consolidation is not an official statement of the law. It is an office consolidation prepared for

convenience only. The authoritative text of statutes can be ascertained from the Revised Statutes of the

Northwest Territories, 1988 and the Annual Volumes of the Statutes of the Northwest Territories (for

statutes passed before April 1, 1999) and the Statutes of Nunavut (for statutes passed on or after April 1,

1999).

A copy of a statute of Nunavut can be obtained from the Territorial Printer at the address below. The

Annual Volumes of the Statutes of Nunavut and this consolidation are also available online at

www.nunavutlegislation.ca but are not official statements of the law.

Any certified Bills not yet included in the Annual Volumes of the Statutes of Nunavut can be obtained

through the Office of the Clerk of the Legislative Assembly.

Territorial Printer

Legislation Division

Department of Justice

Government of Nunavut Tel.: (867) 975-6305

P.O. Box 1000, Station 550 Fax: (867) 975-6189

Iqaluit, NU X0A 0H0 Email: Territorial.Printer@gov.nu.ca

S.N.W.T. 1997,c.13

GLOSSARY OF TERMS USED IN CONSOLIDATIONS

Miscellaneous

c. means "chapter".

CIF means "comes into force".

NIF means "not in force".

s. means "section" or "sections", "subsection" or "subsections", "paragraph" or

"paragraphs".

Sch. means "schedule".

SI-005-98 means the instrument registered as SI-005-98 in 1998. (Note: This is a Northwest

Territories statutory instrument if it is made before April 1, 1999, and a Nunavut

statutory instrument if it is made on or after April 1, 1999 and before January 1, 2000.)

SI-012-2003 means the instrument registered as SI-012-2003 in 2003. (Note: This is a Nunavut

statutory instrument made on or after January 1, 2000.)

Citation of Acts

R.S.N.W.T. 1988,c.D-22 means Chapter D-22 of the Revised Statutes of the Northwest

Territories, 1988.

R.S.N.W.T. 1988,c.10(Supp.) means Chapter 10 of the Supplement to the Revised Statutes of the

Northwest Territories, 1988. (Note: The Supplement is in three

volumes.)

S.N.W.T. 1996,c.26 means Chapter 26 of the 1996 Annual Volume of the Statutes of the

Northwest Territories.

S.Nu. 2002,c.14 means Chapter 14 of the 2002 Annual Volume of the Statutes of

Nunavut.

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S.N.W.T. 1997,c.13 i

TABLE OF CONTENTS

Preamble

INTERPRETATION

Definitions 1

Where matter transferred 1.1

Principles governing Act 2 (1)

Inuit societal values (2)

Other Inuit societal values (3)

Best interests of the child 3

PART I

PROTECTION OF CHILDREN AND YOUTH

Definitions 4

Voluntary Support Services and Agreements

Voluntary support services and agreements 5 (1)

Consent and signature of child (2)

Voluntary support services (3)

Term of agreement (4)

Support services and agreements for youth 6 (1)

Support services (2)

Support services – housing (2.1)

Agreements with third parties (2.2)

Term of agreement (3)

Extension of agreement (4)

Child Who Needs Protection

"parent" defined 7 (1)

Interpretation (2)

Child who needs protection (3)

Duty to Report and Investigation of Report

Duty to report child needing protection 8 (1)

Malicious report (1.1)

Confidentiality and privilege (2)

Civil liability (3)

Solicitor and client privilege (4)

Offence and punishment (5)

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S.N.W.T. 1997,c.13 ii

Assessment and investigation 9 (1)

Where no investigation (2)

Apprehension and Other Action Where Report

Action by Child Protection Worker 10 (1)

Action by peace officer or authorized person (2)

Apprehension Where No Report

Apprehension of child where no report 11 (1)

Referral to Child Protection Worker (2)

Action following apprehension (3)

Application (4)

Return of Child Apprehended

Return of child to parent 12 (1)

Return to person having lawful custody (2)

Investigation Report

Investigation report 13 (1)

Action where child does not need protection (2)

Return to person having lawful custody (3)

Plan of Care Committee and Agreement

Notice of procedures 14 (1)

Notice when child turns 12 (2)

Method of notice (3)

Validity of action or proceeding (4)

"child's community" defined 15 (1)

Plan of care committee (2)

Substitution of members (3)

Additional members (3.1)

Chairperson (4)

Procedure (5)

Powers and duties (6)

Term (7)

Where committee not formed or plan not agreed to 16 (1)

Relevant day (2)

Child and Family Services Committee (3)

Where committee not formed or plan not agreed to (4)

Person ineligible to serve on plan of care committee 17 (1)

Deemed resignation (2)

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S.N.W.T. 1997,c.13 iii

Substitution of member (3)

Exception (4)

Election to proceed to court 18 (1)

Assistance of Child Protection Worker (2)

Provision of election to Child Protection Worker (3)

Action by Child Protection Worker (4)

Plan of care agreement 19 (1)

Person named in agreement (2)

Rights and responsibilities of person named in agreement (3)

Form of plan of care agreement (4)

Required consents (4.1)

Consent of child (5)

Initial term of plan of care agreement (6)

Maximum term (7)

Monitoring plan of care agreement (8)

Request for review of plan of care agreement 20 (1)

Mandatory review of plan of care agreement (2)

Required consents (3)

Deemed extension of plan of care agreement after expiration

of agreement (4)

Required consents (5)

Power of Director and others 21

Termination of plan of care agreement 22 (1)

Action by Child Protection Worker (2)

Reliance on original grounds (3)

Deemed termination of plan of care agreement 23 (1)

Application (2)

Plan of Care

Development of plan of care 23.1 (1)

Contents of plan of care (2)

Child Protection Hearings

Application where child apprehended 24 (1)

Application where child not apprehended (2)

Application in case of election (3)

Service of originating notice 25

Date for initial hearing – apprehension cases 26 (1)

Date for hearing – non-apprehension cases (2)

Completion of initial hearing (3)

Interim order 26.1 (1)

Terms and conditions (2)

Dismissal (3)

Withdrawal of application (4)

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S.N.W.T. 1997,c.13 iv

Discharge of interim order (5)

Interim order in effect 26.2

Determination of whether child needs protection 27 (1)

Declaration that child needs protection (2)

Order 28 (1)

Justice of the peace (2)

Deleted (3)

Return to person having lawful custody (4)

Access (5)

Placement of child (6)

Consent for medical treatment (7)

Maintenance of child (8)

Further order (9)

Limitation on further order (10)

Certified copy of order 29

Youth Who Needs Protection

Declaration that youth needs protection 29.1

Service of originating notice 29.2

Application by interested person 29.3

Determination of whether youth needs protection 29.4 (1)

Declaration that youth needs protection (2)

Plan of care for youth (3)

Order 29.5 (1)

Justice of the peace (2)

Maintenance of youth (3)

Further order (4)

Copy of order to youth (5)

Placement of youth and implementation of plan of care (6)

Application of section 47 (7)

Application of sections 48 and 49 (8)

Application of Part IV 29.6

Medical Care or Treatment to Preserve Life

Definitions 30

Apprehension where medical care or treatment refused 31 (1)

Repealed (2)

Apprehension of child (3)

Notice of apprehension (4)

Method of notice (5)

Validity of action or proceeding (6)

Time for making application (6.1)

Adjournment (6.2)

Service of originating notice (7)

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S.N.W.T. 1997,c.13 v

Dispensing with service (7.1)

Determination of whether child needs protection (8)

Declaration that child needs protection and order (9)

Provision of medical care (10)

Certified copy of order 32 (1)

Civil liability (2)

Power of Director and others to proceed under Act (3)

Apprehension – General

Method of apprehension 33

Notice of apprehension 34 (1)

Information on procedures under Act (2)

Method of notice (3)

Validity of action or proceeding (4)

Application (5)

Rights and responsibilities of Director 35 (1)

Limitation on rights of Director (2)

Return to person having lawful custody (3)

Where child lives with parent (4)

Where child lives with other person (5)

Delegation to assistant Director (6)

Child Protection Worker (7)

Application (8)

PART II

PERMANENT CUSTODY

FOR PURPOSE OF ADOPTION

Definitions 36

Delivery of child for adoption 37 (1)

Service of notice (2)

Rights and responsibilities of Director (3)

Limitation on rights of Director (3.1)

Delegation to assistant Director (4)

Child Protection Worker (5)

Order 38 (1)

Access (2)

Certified copy of order (3)

Consent to Order

Consent of parent to order 39 (1)

Parent under age of majority (2)

Time for parent's consent (3)

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S.N.W.T. 1997,c.13 vi

Consultation before consent 40

Provision of consent to Director 41 (1)

Receipt of consent (2)

Revocation of consent by parent 42 (1)

Assistance of Child Protection Worker (2)

Return of child to parent (3)

Dispensing with consent of parent 43

Form of consent 44

Consent or revocation from outside Nunavut 45 (1)

Affidavit of execution (2)

PART III

TEMPORARY AND PERMANENT CUSTODY

Placement and Plan of Care

Placement of child and implementation of plan of care 46

Temporary Custody

Temporary custody 47 (1)

Limitation on rights of Director (2)

Extension of temporary custody (3)

Who may make application (4)

Delegation to assistant Director (5)

Child Protection Worker (6)

Permanent Custody

Permanent custody 48 (1)

Provision of information (1.1)

Extension of permanent custody (2)

Who may make application (3)

Termination of extended permanent custody (4)

Delegation to assistant Director (5)

Child Protection Worker (6)

Discharging Permanent Custody Order

Application to discharge order 49 (1)

Order (2)

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S.N.W.T. 1997,c.13 vii

PART IV

GENERAL

Administration

Directions and guidelines 50

Appointment of Director 51 (1)

Duties of Director (2)

Duties of Director (2) NIF

Powers of Director (3)

Limitation on delegation by Director 52

Assistant Directors 53 (1)

Delegated powers and duties (2)

Powers and duties of Child Protection Worker (3)

Tabling of annual report 53.1

Definitions 54 (1)

Child Protection Workers for Nunavut (2)

Child Protection Workers for communities (3)

Powers and duties (4)

Authorized person 55 (1)

Chairperson of a Child and Family Services Committee (1.1)

Direction of Director (2)

Community Agreements

Definitions 56

Community agreement 57 (1)

Powers and duties of municipal corporation (2)

Child and Family Services Committee 58 (1)

Appointment of members (2)

Community agreement 58.1 (1)

Limitation (2)

Powers and duties of corporate body (3)

Child and Family Services Committee 58.2 (1)

Appointment of members (2)

Community standards 59 (1)

Minimum community standards (2)

Additional community standards (3)

Duty to inform community of community standards (4)

Repealed 59.1

Visiting and Inspection

Persons entrusted with care of child 60

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S.N.W.T. 1997,c.13 viii

Child care facilities and foster homes 61

Child Care Facilities and Foster Homes

Approval of child care facilities 62 (1)

Exception (2)

Approval of foster homes (3)

Agreements (4)

Duties of child care facility and foster home 63

Investigation respecting child care facility or foster home 64 (1)

Scope of investigation (2)

"institution" defined 65 (1)

Investigation respecting institutions (2)

Miscellaneous

Temporary accommodation of child 66

Infants under the age of one year 67

Obligation to support child 68

Liability 69 (1)

Exception (2)

Confidentiality and Disclosure

Definitions 70

Confidentiality 71 (1)

Prohibition on disclosure and communication of information (2)

Use of information 72

Offence and punishment 73 (1)

Exception (2)

Exchange of information 74

Jurisdiction

Jurisdiction 75

Power in respect of witnesses 76

Where justice of the peace unable to act 77

Transfer between courts 78

Effect of order made outside Nunavut 79

Procedure

Application of Rules of the Nunavut Court of Justice 80

Originating notice 81 (1)

Notice of motion and affidavit (2)

Affidavits based on information and belief (3)

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S.N.W.T. 1997,c.13 ix

Originating notice respecting apprehensions 82 (1)

Service in other matters (2)

Variation of time periods 83 (1)

Time less than 10 days (2)

Hearings 84 (1)

Where child may be present (2)

Exclusion of child (3)

Place of hearing where child present (4)

Oral hearing (5)

Adult accompanying parents or child 85 (1)

Status of adult (2)

Counsel for child 86 (1)

Payment of fees, disbursements and expenses (2)

"court" defined (3)

Identity of child 87

Appeal

Appeal 88 (1)

Procedure on appeal (2)

Stay of execution (3)

Procedures (4)

Hearing of appeal (5)

Offence and Punishment

Prohibitions 89

Offence and punishment 90

Regulations

Regulations 91

TRANSITIONAL

Definitions 92 (1)

Interpretation Act (2)

Repeal of Former Act

Transitional 93

Actions or Proceedings Under Former Act

Actions or proceedings under former Act 94 (1)

Child 16 to 18 years of age (2)

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S.N.W.T. 1997,c.13 x

Name in proceeding (3)

Youth court judge (4)

Deeming provisions (5)

Where child apprehended under former Act (5.1)

Exception (6)

Orders Made Under Former Act

Orders made under former Act 95 (1)

Deeming provision (2)

Limitation respecting access (3)

Child 16 to 18 years of age (4)

Maximum age of child (5)

Temporary care and custody orders (6)

Order for maintenance of child (7)

Reference to Superintendent (8)

REPEAL

Repeal 96 (1)

Exception (2)

COMING INTO FORCE

Coming into force 97

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S.N.W.T. 1997,c.13 1

CHILD AND FAMILY SERVICES ACT

Preamble

Whereas the family is the basic unit of society and its well-being should be supported and

promoted;

And whereas children are entitled to protection from abuse, harm and neglect;

And whereas children are entitled to be informed of their rights and involved in decisions

affecting those rights and their lives;

And whereas families are entitled to be informed of their rights and to participate in the

decisions affecting those rights;

And whereas it is recognized that decisions concerning children should be made in

accordance with the best interests of children, with a recognition that differing cultural

values and practices must be respected in those determinations;

And whereas each community has a role in supporting and promoting the best interests of

the children and the well-being of families in the community;

And whereas it is desirable to provide in law for the timely resolution of matters

concerning children;

The Commissioner of the Northwest Territories, by and with the advice and consent of

the Legislative Assembly, enacts as follows:

INTERPRETATION

Definitions

1. In this Act,

"abuse" means neglect or emotional, psychological, physical or sexual abuse; (mauvais

traitement)

"apprehended" means apprehended under this Act; (appréhendé)

"assistant Director" means an assistant Director appointed under subsection 53(1);

(directeur adjoint)

"authorized person" means a person authorized by the Director under subsection 55(1)

or (1.1); (personne autorisée)

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S.N.W.T. 1997,c.13 2

"child" means a person who is or, in the absence of evidence to the contrary, appears to

be under the age of 16 years, and a person in respect of whom an order has been made

under subsection 47(3) or 48(2); (enfant)

"Child and Family Services Committee" means a Child and Family Services Committee

established by a community agreement; (comité des services à l'enfance et à la famille)

"child care facility" means a child care facility approved by the Director under

subsection 62(1); (établissement d'aide à l'enfance)

"child protection order" means a child protection order made under section 28;

(ordonnance de protection de l'enfant)

"Child Protection Worker" means a Child Protection Worker appointed under

subsection 54(2) or (3); (préposé à la protection de l'enfance)

"child pornography" means child pornography as defined in the Criminal Code (Canada);

(pornographie juvénile)

"community" means a municipality, a settlement and a prescribed community;

(communauté).

"community agreement" means an agreement made under section 57 or 58.1; (accord

communautaire)

"community standards" means community standards established under section 59 by a

community corporation, as defined in section 56, that is a party to a community

agreement; (normes communautaires)

"Director" means the Director of Child and Family Services appointed under

subsection 51(1); (directeur)

"foster home" means a foster home approved by the Director under subsection 62(3);

(foyer d'accueil)

"interim order" means an interim child protection order made under section 26.1;

(ordonnance provisoire)

"parent", except in the expressions "the rights and responsibilities of a parent" and "the

rights of a parent" and in Part II, includes a person, other than the Director, who has

lawful custody of a child; (parent)

"plan of care agreement" means a plan of care agreement made by a plan of care

committee; (accord concernant le projet de prise en charge)

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S.N.W.T. 1997,c.13 3

"plan of care committee" means a plan of care committee established by a Child

Protection Worker under paragraph 10(1)(c) or 11(3)(c) or by a Child and Family

Services Committee under subsection 16(3); (comité chargé du projet de prise en charge)

"youth" means a person who has attained the age of 16 years but has not attained the age

of majority. (jeune)

S.N.W.T. 1998,c.17,s.4(2); S.Nu. 2009,c.10,s.2; S.Nu. 2011,c.15,s.2;

S.Nu. 2013,c.15,s.2; S.Nu. 2017,c.22,s.4(2).

Where matter transferred

1.1. A reference to a person to whom a report is made in section 9 or to a peace

officer, authorized person or Child Protection Worker in this Act shall be deemed to

include any peace officer, authorized person or Child Protection Worker to whom the

matter is transferred. S.N.W.T. 1998,c.17,s.4(3).

Principles governing Act

2. (1) This Act shall be administered and interpreted in accordance with the

following principles:

(a) the paramount objective of this Act is to promote the best interests,

protection and well-being of children;

(b) children are entitled to protection from abuse and harm and from

the threat of abuse and harm;

(c) parents should use methods other than force by way of correction

towards their children or in the discipline of their children;

(d) the family's well-being should be supported and promoted;

(e) parents are responsible to care and provide for and to supervise and

protect their children;

(f) measures taken for the protection and well-being of children

should, as far as possible, promote family and community integrity

and continuity;

(g) communities should be encouraged to provide, wherever possible,

their own child and family services;

(h) children, where appropriate, and parents should participate in

decisions affecting them;

(i) children, where appropriate, parents, and adult members of the

extended family should be given the opportunity to be heard and

their opinions should be considered when decisions affecting their

own interests are being made;

(j) there should be no unreasonable delay in making or carrying out a

decision affecting a child;

(k) services to children and their families should cause the least

amount of disruption to the family and should promote the early

reunification of the child with the family;

(l) children should be supported within the context of their family and

extended family to the greatest extent possible by the Director

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S.N.W.T. 1997,c.13 4

providing services or assisting others in providing services on a

voluntary basis to support and assist the family;

(m) children removed from their family should be provided with a level

of care adequate to meet their needs, within available resources,

and consistent with community standards; and

(n) consistent with the United Nations Convention on the Rights of the

Child, adopted by the General Assembly of the United Nations on

November 20, 1989, persons who have attained the age of 16 years

but have not attained the age of majority and cannot reside with

their parents should be supported in their efforts to care for

themselves.

Inuit societal values

(2) This Act shall be administered and interpreted in accordance with the

following Inuit societal values:

(a) Inuuqatigiitsiarniq (respecting others, relationships and caring for

people);

(b) Tunnganarniq (fostering good spirit by being open, welcoming and

inclusive);

(c) Pijitsirniq (serving and providing for family or community, or

both);

(d) Aajiiqatigiinniq (decision making through discussion and

consensus);

(e) Piliriqatigiinniq or Ikajuqtigiinniq (working together for a

common cause); and

(f) Qanuqtuurniq (being innovative and resourceful).

Other Inuit societal values

(3) In addition to the Inuit societal values named in subsection (2), the following

Inuit societal values may be used or incorporated in the administration or interpretation of

this Act:

(a) Inunguqsainiq (nurturing or raising an individual to be a

productive member of society);

(b) Inuttiavaunasuaqniq (working towards a good or problem-free

life);

(c) Piijutingani qiniriaquqtugu (the importance of assessing and

addressing the root cause of undesirable behaviour or

circumstances).

S.Nu. 2013,c.15,s.3.

Best interests of the child

3. Where there is a reference in this Act to the best interests of a child, all relevant

factors must be taken into consideration in determining the best interests of a child

including the following factors, with a recognition that differing cultural values and

practices must be respected in making that determination:

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S.N.W.T. 1997,c.13 5

(a) the child's safety;

(b) the child's physical, mental and emotional level of development

and needs, and the appropriate care or treatment to meet those

needs;

(c) the child's cultural, linguistic and spiritual or religious upbringing

and ties;

(d) the importance for the child's development of a positive

relationship with his or her parent, a secure place as a wanted and

needed member of the family, and a stable environment;

(e) the importance of continuity in the child's care and the possible

effect on the child of disruption of that continuity;

(f) the risk that the child may suffer harm through being removed

from, kept away from, returned to, or allowed to remain in, the

care of a parent;

(g) the merits of any proposed plan of care for the child;

(h) the child's relationship by blood or through adoption;

(i) the child's views and preferences, if they can be reasonably

ascertained; and

(j) the effects on the child of a delay in making a decision.

PART I

PROTECTION OF CHILDREN AND YOUTH

Definitions

4. In this Part,

"court" means the Nunavut Court of Justice or a justice of the peace; (tribunal)

"investigation" means an investigation under subsection 9(1) or paragraph 11(3)(a);

(enquête)

"investigation report" means a report prepared under subsection 13(1) on an

investigation; (rapport d'enquête)

"report" means a report made under subsection 8(1). (rapport)

S.N.W.T. 1998,c.34,Sch.C,s.3(2); S.Nu. 2009,c.10,s.3; S.Nu. 2011,c.15,s.3.

Voluntary Support Services and Agreements

Voluntary support services and agreements

5. (1) The Director may enter into a written agreement with a person who has lawful

custody of a child to provide services or to assist others in providing services, or to assist

that person's family in obtaining services, to support and assist that person's family to

care for the child.

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S.N.W.T. 1997,c.13 6

Consent and signature of child

(2) Where a child referred to in subsection (1) has attained the age of 12 years,

(a) before entering into an agreement under subsection (1), the

Director shall interview the child in order to ascertain the child's

views on the services to support and assist the family to care for

the child; and

(b) the child may consent to and sign the agreement referred to in

subsection (1) but the agreement is valid whether or not the child

consents to or signs the agreement.

Voluntary support services

(3) The services to support and assist the family of a person who has lawful

custody of a child referred to in subsection (1) may include

(a) counselling;

(b) in-home support;

(c) respite care;

(d) parenting programs;

(e) services for improving the family's financial situation;

(f) services for improving the family's housing;

(g) alcohol or other drug treatment and rehabilitation;

(h) mediation of disputes;

(i) services to assist the family to deal with the illness of a child or a

family member; and

(j) any other services agreed to by the Director and the person who

has lawful custody of the child.

Term of agreement

(4) The initial term of an agreement referred to in subsection (1) must not exceed

six months, and an agreement may be extended for one or more terms not exceeding

six months each. S.Nu. 2018,c.8,s.11(4).

Support services and agreements for youth

6. (1) Where the Director is satisfied that a youth cannot reside with his or her

parents and needs assistance to provide for himself or herself, or is living in

circumstances of a child who needs protection under subsection 7(3), the Director may

enter into a written agreement with the youth to provide services or to assist others in

providing services, or to assist that youth in obtaining services, to support and assist that

youth to care for himself or herself.

Support services

(2) The services to support and assist a youth referred to in subsection (1) may

include

(a) counselling;

(b) parenting programs;

(c) services for improving the youth's financial situation;

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S.N.W.T. 1997,c.13 7

(d) services for improving the youth's housing;

(e) alcohol or other drug treatment and rehabilitation;

(f) mediation of disputes; and

(g) any other services agreed to by the Director and the youth.

Support services – housing

(2.1) Services to be provided under paragraph (2)(d) may include placement of

the youth in a foster home or child care facility or such other accommodation as may best

meet the needs of the youth.

Agreements with third parties

(2.2) The Director may enter into an agreement with a third party for the

provision of services to a youth pursuant to an agreement under subsection (1) or

pursuant to an order under section 29.5.

Term of agreement

(3) The initial term of an agreement referred to in subsection (1) or (2.2) must not

exceed six months, and an agreement may be extended for one or more terms not

exceeding six months each.

Extension of agreement

(4) If a person is party to an agreement referred to in subsection (1) upon reaching

the age of majority, the agreement and any related agreement entered into under

subsection (2.2) may be extended in accordance with subsection (3) until he or she attains

the age of 26 years. S.Nu. 2009,c.10,s.4; S.Nu. 2013,c.15,s.4; S.Nu. 2018,c.8,s.11(4).

Child Who Needs Protection

"parent" defined

7. (1) In this section, "parent" includes

(a) a person who has lawful custody of a child, other than the Director;

and

(b) except in paragraph (3)(m), a person having charge of a child.

Interpretation

(2) Subsection (3) shall be interpreted

(a) with a recognition that differing cultural values and practices must

be respected; and

(b) in accordance with community standards.

Child who needs protection

(3) A child needs protection where

(a) the child has suffered physical harm inflicted by the child's parent

or caused by the parent's unwillingness or inability to care and

provide for or supervise and protect the child adequately;

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(b) there is a substantial risk that the child will suffer physical harm

inflicted by the child's parent or caused by the parent's

unwillingness or inability to care and provide for or supervise and

protect the child adequately;

(c) the child has been sexually molested or sexually exploited,

including by exposure to or involvement in child pornography, by

the child's parent or by another person where the child's parent

knew or should have known of the possibility of sexual

molestation or sexual exploitation and was unwilling or unable to

protect the child;

(d) there is a substantial risk that the child will be sexually molested or

sexually exploited by the child's parent or by another person where

the child's parent knows or should know of the possibility of sexual

molestation or sexual exploitation and is unwilling or unable to

protect the child;

(e) the child has demonstrated severe anxiety, depression, withdrawal,

self-destructive behaviour, or aggressive behaviour towards others,

or any other severe behaviour that is consistent with the child

having suffered emotional harm, and the child's parent does not

provide, or refuses or is unavailable or unable to consent to the

provision of, services, treatment or healing processes to remedy or

alleviate the harm;

(f) there is a substantial risk that the child will suffer emotional harm

of the kind described in paragraph (e) and the child's parent does

not provide, or refuses or is unavailable or unable to consent to the

provision of, services, treatment or healing processes to prevent the

harm;

(g) the child suffers from a mental, emotional or developmental

condition that, if not remedied, could seriously impair the child's

development and the child's parent does not provide, or refuses or

is unavailable or unable to consent to the provision of, services,

treatment or healing processes to remedy or alleviate the condition;

(h) the child's health or emotional or mental well-being has been

harmed by the child's use of alcohol, other drugs, solvents or

similar substances and the child's parent is unavailable, unable or

unwilling to properly care for the child;

(i) there is a substantial risk that the child's health or emotional or

mental well-being will be harmed by the child's use of alcohol,

other drugs, solvents or similar substances and the child's parent is

unavailable, unable or unwilling to properly care for the child;

(j) the child requires medical treatment to cure, prevent or alleviate

serious physical harm or serious physical suffering and the child's

parent does not provide, or refuses or is unavailable or unable to

consent to the provision of, the treatment;

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(k) the child suffers from malnutrition of a degree that, if not

immediately remedied, could seriously impair the child's growth or

development or result in permanent injury or death;

(l) the child has been abandoned by the child's parent without the

child's parent having made adequate provision for the child's care

or custody and the child's extended family has not made adequate

provision for the child's care or custody;

(m) the child's parents have died without making adequate provision

for the child's care or custody and the child's extended family has

not made adequate provision for the child's care or custody;

(n) the child's parent is unavailable or unable or unwilling to properly

care for the child and the child's extended family has not made

adequate provision for the child's care;

(o) the child is less than 12 years of age and has killed or seriously

injured another person or has persisted in injuring others or causing

damage to the property of others, and services, treatment or healing

processes are necessary to prevent a recurrence and the child's

parent does not provide, or refuses or is unavailable or unable to

consent to the provision of, the services, treatment or healing

processes;

(p) the child is repeatedly exposed to family violence and the child's

parent is unwilling or unable to stop such exposure;

(q) the child is repeatedly exposed to pornography and the child's

parent is unwilling or unable to stop such exposure; or

(r) the child is in significant contact with a person who possesses child

pornography and the child's parent is unwilling or unable to

prevent such contact.

S.N.W.T. 1998,c.17,s.4(4); S.Nu. 2013,c.15,s.5;

S.Nu. 2018,c.8,s.11(2)(a).

Duty to Report and Investigation of Report

Duty to report child needing protection

8. (1) A person who has information or reasonable grounds to believe that a child

needs protection shall, without delay, report the matter

(a) to a Child Protection Worker; or

(b) if a Child Protection Worker is not available, to a peace officer or

an authorized person.

Malicious report

(1.1) No person shall maliciously make a false report claiming that a child needs

or may need protection.

Confidentiality and privilege

(2) Subsection (1) applies notwithstanding that the information reported is

confidential or privileged.

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Civil liability

(3) No action shall be commenced against a person for reporting information in

accordance with this section unless it is done maliciously.

Solicitor and client privilege

(4) Nothing in this section shall abrogate any privilege that may exist between a

solicitor and the solicitor's client.

Offence and punishment

(5) Every person who contravenes subsection (1) or (1.1) is guilty of an offence

and liable on summary conviction to a fine not exceeding $5,000, to imprisonment for a

term not exceeding six months or to both. S.Nu. 2013,c.15,s.6.

Assessment and investigation

9. (1) A person to whom a report is made shall assess the report and, where the

person considers it advisable, investigate the child's need for protection.

Where no investigation

(2) Where, after assessing a report, the person to whom the report was made does

not investigate the child's need for protection, he or she shall, in accordance with any

guidelines of the Minister, prepare a report setting out the reason for not investigating the

child's need for protection and provide a copy of the report to the Director.

Apprehension and Other Action Where Report

Action by Child Protection Worker

10. (1) Where a report is made to a Child Protection Worker and during or as a result

of an investigation the Child Protection Worker has reasonable grounds to believe that

the child needs protection, or where a matter is referred to the Child Protection Worker

under paragraph (2)(b), the Child Protection Worker

(a) may apprehend the child if the Child Protection Worker has

reasonable grounds to believe that the child's health or safety is in

danger and the child has not already been apprehended under

paragraph (2)(a);

(b) may offer the services referred to in section 5 to the family of the

person who has lawful custody of the child without entering into

an agreement under that section until a plan of care agreement

commences or a court makes a child protection order; and

(c) shall, subject to subsection 12(1) and section 18, within eight days

after the report is made or the matter is referred, endeavour to

establish a plan of care committee, whether or not the child has

been apprehended.

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Action by peace officer or authorized person

(2) Where a report is made to a peace officer or an authorized person and during

or as a result of an investigation he or she has reasonable grounds to believe that the child

needs protection, the peace officer or authorized person

(a) may apprehend the child if the peace officer or authorized person

has reasonable grounds to believe that the child's health or safety is

in danger; and

(b) shall, without delay, refer the matter to a Child Protection Worker,

whether or not the child has been apprehended.

S.N.W.T. 1998,c.17,s.4(5),(6); S.Nu. 2011,c.15,s.16.

Apprehension Where No Report

Apprehension of child where no report

11. (1) A Child Protection Worker, a peace officer or an authorized person may

apprehend a child where he or she has reasonable grounds to believe that

(a) the child needs protection; and

(b) the child's health or safety is in danger.

Referral to Child Protection Worker

(2) Where a child has been apprehended under subsection (1) by a peace officer or

an authorized person, he or she shall, without delay, notify a Child Protection Worker of

the apprehension and refer the matter to the Child Protection Worker.

Action following apprehension

(3) Where a Child Protection Worker apprehends a child under subsection (1) or a

matter is referred to the Child Protection Worker under subsection (2), the Child

Protection Worker

(a) shall investigate the child's need for protection;

(b) may offer the services referred to in section 5 to the family of the

person who has lawful custody of the child without entering into

an agreement under that section until a plan of care agreement

commences or a court makes a child protection order; and

(c) shall, subject to subsection 12(1) and section 18, within eight days

after the Child Protection Worker apprehends the child or the

matter is referred to the Child Protection Worker, endeavour to

establish a plan of care committee.

S.Nu. 2011,c.15,s.16.

Application

(4) This section applies where no report is made.

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Return of Child Apprehended

Return of child to parent

12. (1) Where a child has been apprehended under paragraph 10(1)(a) or (2)(a) or

subsection 11(1) and the child is returned within 72 hours after the apprehension to his or

her parent or the person having actual care of the child at the time of the apprehension, a

Child Protection Worker shall not establish a plan of care committee unless the child has

been returned pursuant to a decision of the Director under paragraph 35(2)(a) that the

child shall live with the child's parent or that person.

Return to person having lawful custody

(2) For the purpose of subsection (1), the child shall not be returned to a person

who does not have lawful custody of the child unless the person had the actual care of the

child at the time the child was apprehended.

Investigation Report

Investigation report

13. (1) After an investigation is completed, a Child Protection Worker shall, in

accordance with any guidelines of the Minister, prepare a report on the investigation of

the facts of the case including a description of any measures taken to protect the child,

and provide a copy of the report to the Director.

Action where child does not need protection

(2) Notwithstanding any other provision of this Act, where an investigation is

completed and, based on the investigation, a Child Protection Worker is of the opinion

that the child who is the subject of the investigation does not need protection,

(a) a plan of care committee shall not be established and if it has been

established, it shall be dissolved and any plan of care agreement

shall be deemed to have terminated;

(b) where a Child Protection Worker has applied to a court for a

declaration that the child needs protection and for an order, the

Child Protection Worker shall withdraw the application; and

(c) where the child has been apprehended, the child shall be returned

to his or her parent or the person having actual care of the child at

the time of the apprehension.

Return to person having lawful custody

(3) For the purpose of paragraph (2)(c), the child shall not be returned to a person

who does not have lawful custody of the child unless the person had the actual care of the

child at the time the child was apprehended.

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Plan of Care Committee and Agreement

Notice of procedures

14. (1) Where a child has not been apprehended, the Child Protection Worker shall,

before establishing a plan of care committee,

(a) notify the person who has lawful custody of the child and the child,

where the child has attained the age of 12 years, that the person or

the child has a right to make an election under section 18 to have

the Child Protection Worker apply to a court for a declaration that

the child needs protection and for a child protection order; and

(b) provide, together with the notice under paragraph (a), information

prepared by the Director explaining the procedure under this Act

for making a plan of care agreement and for making an application

to a court for a declaration that a child needs protection and for a

child protection order, whichever is applicable.

Notice when child turns 12

(2) Where a child who is to be the subject of a plan of care agreement attains the

age of 12 years after a plan of care committee is established, the Child Protection Worker

shall notify the child of his or her right to make an election under section 18 to have the

Child Protection Worker apply to a court for a declaration that the child needs protection

and for a child protection order and provide the child with the information referred to in

paragraph (1)(b).

Method of notice

(3) Notice under paragraph (1)(a) and subsection (2) may be by any method and

may be oral or in writing, but where oral notice is given it must be followed by written

notice as soon as is reasonably practicable.

Validity of action or proceeding

(4) The validity of any action taken or proceeding commenced under this Act is

not affected where a Child Protection Worker is unable, after making a reasonable effort,

to give notice in accordance with subsection (1) or (2). S.Nu. 2011,c.15,s.16.

"child's community" defined

15. (1) In this section and section 16, "child's community" means the community in

which a child is ordinarily resident at the time a report is made in respect of the child or

the child is apprehended under subsection 11(1).

Plan of care committee

(2) A plan of care committee shall be composed of

(a) at least one person who has lawful custody of the child;

(b) the child, where the child has attained the age of 12 years and

wishes to sit as a member;

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(c) one member of the Child and Family Services Committee, where

there is a Child and Family Services Committee in the child's

community; and

(d) one Child Protection Worker.

Substitution of members

(3) Where a member listed in paragraph (2)(c) or (d) is unable or unwilling to

continue to sit as a member, the Child and Family Services Committee or the Child

Protection Worker, as the case may be, shall invite another person of the same category

as that member to sit as a member.

Additional members

(3.1) A majority of the members of a plan of care committee listed in

subsection (2)

(a) shall, if there is a member of the child's extended family who lives

in the child's community and who the majority considers suitable,

invite a member of the child's extended family to become a

member of the committee; and

(b) may agree to invite one or more additional persons to become

members of the committee where they believe such persons may

be of assistance in developing and entering into a plan of care

agreement.

Chairperson

(4) The members of a plan of care committee shall, at their first meeting, select a

member to serve as chairperson.

Procedure

(5) A plan of care committee shall conduct its meetings and exercise its powers

and perform its duties in accordance with the procedures set out in the regulations.

Powers and duties

(6) A plan of care committee

(a) shall endeavour to develop a plan of care in respect of a child;

(b) shall enter into a plan of care agreement in accordance with

section 19 to give effect to any plan of care agreed to by the plan

of care committee; and

(c) may exercise its powers and shall perform its duties under this Act

and the regulations in relation to a plan of care agreement.

Term

(7) A plan of care committee terminates

(a) where there is only one member of the category listed in

paragraph (2)(a) and he or she has become unable or unwilling to

sit as a member, and the Child and Family Services Committee or

the Child Protection Worker, as the case may be,

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(i) is not required under the regulations to invite another

person to sit as a member, or

(ii) is required under the regulations to invite another person to

sit as a member but is unable to substitute another person

for that member;

(a.1) where the Child and Family Services Committee or the Child

Protection Worker, as the case may be, is unable to substitute

another person for a member listed in paragraph (2)(c) or (d) who

has become unable or unwilling to sit as a member;

(b) on the expiration of the time referred to in subsection 16(1) or (4)

for making a plan of care agreement; or

(c) where a plan of care agreement is made, on the expiration or

termination of the plan of care agreement.

S.N.W.T. 1998,c.17,s.4(7),(8),(9).

Where committee not formed or plan not agreed to

16. (1) Where a person listed in paragraph 15(2)(a), (c) or (d) is unable or unwilling

to sit as a member of a plan of care committee and a plan of care committee is not

established or if it is established, is terminated as a result, or a Child Protection Worker

establishes a plan of care committee and, at the expiration of 15 days after the relevant

day referred to in subsection (2), the plan of care committee has not made a plan of care

agreement in respect of the child, the Child Protection Worker shall, without delay,

(a) where there is a Child and Family Services Committee in the

child's community, refer the matter to the Child and Family

Services Committee; or

(b) where there is no Child and Family Services Committee in the

child's community, apply to a court for a declaration that the child

needs protection and for a child protection order, if such

application has not yet been made.

Relevant day

(2) For the purpose of subsection (1), the relevant day is the day, whichever day is

later, on which

(a) a report was made to a Child Protection Worker in respect of the

child;

(b) the matter was referred to a Child Protection Worker under

paragraph 10(2)(b) or subsection 11(2); or

(c) the child was apprehended by a Child Protection Worker under

subsection 11(1).

Child and Family Services Committee

(3) Subject to section 18, a Child and Family Services Committee shall endeavour

to establish a plan of care committee within eight days after the day on which a Child

Protection Worker refers the matter to it, whether or not the child has been apprehended.

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Where committee not formed or plan not agreed to

(4) A Child Protection Worker shall, without delay, apply to a court for a

declaration that the child needs protection and for a child protection order where

(a) a person listed in paragraph 15(2)(a), (c) or (d) is unable or

unwilling to sit as a member of a plan of care committee and a plan

of care committee is not established or if it is established, is

terminated as a result; or

(b) the Child and Family Services Committee establishes a plan of

care committee and, at the expiration of 15 days after the day on

which the Child Protection Worker referred the matter to the Child

and Family Services Committee, the plan of care committee has

not made a plan of care agreement in respect of the child.

S.Nu. 2011,c.15,s.16.

Person ineligible to serve on plan of care committee

17. (1) A person who is or is to be a member of a plan of care committee is ineligible

to sit as a member of the plan of care committee if he or she is a subject of a report or

investigation concerning another matter that is being dealt with under this Act or in

respect of which a plan of care agreement, an interim order or a child protection order is

in effect.

Deemed resignation

(2) Where a person who is a member of a plan of care committee becomes

ineligible to sit as a member of a plan of care committee, he or she is deemed to have

resigned from the plan of care committee.

Substitution of member

(3) Where a person referred to in subsection (1) is or is to be a member of a plan

of care committee listed in paragraph 15(2)(c) or (d), the Child and Family Services

Committee or the Child Protection Worker, as the case may be, shall invite another

person of the same category as that member to sit as a member.

Exception

(4) This section does not apply where the person referred to in subsection (1) is a

child who is a member of the plan of care committee under paragraph 15(2)(b).

S.N.W.T. 1998,c.17,s.4(10); S.Nu. 2011,c.15,s.16.

Election to proceed to court

18. (1) A person who has lawful custody of a child who is to be the subject of a plan

of care agreement or the child, where the child has attained the age of 12 years, may at

any time before a plan of care agreement commences elect in writing not to have a plan

of care committee established or, if it has been established, to have the plan of care

committee dissolved, and to have a Child Protection Worker apply to a court for a

declaration that the child needs protection and for a child protection order.

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Assistance of Child Protection Worker

(2) On the request of a person or child referred to in subsection (1), a Child

Protection Worker shall assist the person or child in preparing an election under

subsection (1).

Provision of election to Child Protection Worker

(3) The person or child making an election under subsection (1) shall provide it to

the Child Protection Worker and it is effective on the day on which it is received by the

Child Protection Worker.

Action by Child Protection Worker

(4) On receipt of an election under subsection (1), the Child Protection Worker

shall apply to a court for a declaration that the child needs protection and for a child

protection order. S.Nu. 2011,c.15,s.16.

Plan of care agreement

19. (1) A plan of care agreement for a child may include provision for

(a) where and with whom the child will live;

(b) support services to make the child's home safe for the child;

(c) counselling;

(d) access to the child by a parent where the child will not be living

with the parent;

(e) the child's education;

(f) the child's social and recreational activities;

(g) the responsibilities of any of the persons

(i) listed in paragraphs 15(2)(a), (c), and (d), or

(ii) who become members of a plan of care committee under

subsection 15(3.1);

(h) a person named in the agreement to have the rights and

responsibilities of a parent in respect of the person of the child that

are set out in the agreement during the term of the agreement;

(i) support for the child by a parent under the Children's Law Act

during the term of the agreement; and

(j) any other matter or thing that the plan of care committee considers

necessary and in the best interests of the child.

Person named in agreement

(2) Notwithstanding paragraph 35(1)(b) and subsection 35(6), the Director or an

assistant Director may be the person named in a plan of care agreement under

paragraph (1)(h).

Rights and responsibilities of person named in agreement

(3) A person who is named in a plan of care agreement under paragraph (1)(h) as

having the rights and responsibilities of a parent in respect of the person of the child who

is the subject of the plan of care agreement has those rights and responsibilities set out in

the agreement until

(a) the agreement is modified to provide otherwise; or

(b) the agreement is terminated or expires.

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Form of plan of care agreement

(4) A plan of care agreement must be in writing and signed by a majority of the

members of the plan of care committee.

Required consents

(4.1) The majority of members signing the plan of care agreement, referred to in

subsection (4), must include the following members:

(a) every person who has lawful custody of the child and who is a

member; and

(b) the Child Protection Worker.

Consent of child

(5) A child who is the subject of the plan of care agreement and who has attained

the age of 12 years may consent to and sign a plan of care agreement and any extension

or modification of it.

Initial term of plan of care agreement

(6) The initial term of a plan of care agreement must not exceed 12 months.

Maximum term

(7) The term of a plan of care agreement, together with any extensions of the term

of the agreement, must not exceed 24 months.

Monitoring plan of care agreement

(8) A Child Protection Worker shall monitor a plan of care agreement to ensure

that it is implemented according to its terms. S.N.W.T. 1998,c.17,s.4(11).

Request for review of plan of care agreement

20. (1) Any person who has signed a plan of care agreement may, on 10 days written

notice to all members of the plan of care committee, request the plan of care committee to

review the agreement and, on review, the term of the agreement may be extended and any

term or condition modified with the consent of a majority of the members of the plan of

care committee.

Mandatory review of plan of care agreement

(2) Where the term of a plan of care agreement is extended beyond 12 months, the

plan of care committee shall review the agreement every three months and, on review, the

term of the agreement may be extended and any term or condition modified with the

consent of a majority of the members of the plan of care committee.

Required consents

(3) The majority of members consenting to an extension or modification, referred

to in subsections (1) and (2), must include the following members:

(a) every person who has lawful custody of the child and who is a

member; and

(b) the Child Protection Worker.

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Deemed extension of plan of care agreement after expiration of agreement

(4) A plan of care agreement shall be deemed not to have expired where, within a

reasonable period of time after the expiration of the agreement, a majority of the

members of the plan of care committee agree in writing that it is in the best interests of

the child to extend the agreement for a specified term.

Required consents

(5) The majority of members agreeing to an extension, referred to in

subsection (4), must include the following members:

(a) every person who has lawful custody of the child and who is a

member; and

(b) the Child Protection Worker.

S.N.W.T. 1998,c.17,s.4(12),(13).

Power of Director and others

21. A plan of care agreement does not limit the power of the Director, a Child

Protection Worker, a peace officer or an authorized person to take any action under

sections 9 to 11 and 31 in respect of a child who is the subject of a plan of care

agreement.

Termination of plan of care agreement

22. (1) A member of a plan of care committee who is the Child Protection Worker or

a person who has lawful custody of the child who is the subject of the plan of care

agreement may terminate the plan of care agreement on 10 days written notice to the

other.

Action by Child Protection Worker

(2) Where a Child Protection Worker is of the opinion that terminating a plan of

care agreement will result in the child who is the subject of the agreement needing

protection, the Child Protection Worker shall, without delay after giving or receiving the

notice referred to in subsection (1), apply to a court for a declaration that the child needs

protection and for a child protection order.

Reliance on original grounds

(3) Where a Child Protection Worker applies to a court under subsection (2), the

application may be made on the grounds that a Child Protection Worker, a peace officer

or an authorized person had under section 10 or 11 to believe that the child needed

protection at the time he or she acted under those sections. S.Nu. 2011,c.15,s.16.

Deemed termination of plan of care agreement

23. (1) Notwithstanding subsection 22(1), a plan of care agreement shall be deemed

to have terminated on the day on which

(a) the child who is the subject of the plan of care agreement is

apprehended where, on the commencement of the agreement, the

child had not already been apprehended; or

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(b) the court makes a child protection order where, on the

commencement of the agreement, the child had already been

apprehended.

Application

(2) Paragraph (1)(a) does not apply where a child who is the subject of a plan of

care agreement is apprehended under subsection 31(2). S.Nu. 2011,c.15,s.16.

Plan of Care

Development of plan of care

23.1. (1) Where a Child Protection Worker applies or is in a position to apply to a court

for a declaration that a child needs protection and for a child protection order, the Child

Protection Worker shall develop a plan of care in respect of the child.

Contents of plan of care

(2) A plan of care for a child may include provision for

(a) where and with whom the child will live;

(b) support services to make the child's home safe for the child;

(c) counselling;

(d) visits with the child by a parent where the child will not be living

with the parent;

(e) the child's education;

(f) the child's social and recreational activities; and

(g) any other matter or thing that the Child Protection Worker

considers necessary and in the best interests of the child.

S.N.W.T. 1998,c.17,s.4(14); S.Nu. 2011,c.15,s.16.

Child Protection Hearings

Application where child apprehended

24. (1) Where a child is apprehended under paragraphs 10(1)(a) or (2)(a) or

subsection 11(1), an application to a court for a declaration that a child needs protection

and for a child protection order must be made within four days after the day on which the

child is apprehended.

Application where child not apprehended

(2) Where, during or as a result of an investigation of a report under section 8 or a

referral under paragraph 10(2)(b), a Child Protection Worker has reasonable grounds to

believe that a child needs protection, an application to a court for a declaration that the

child needs protection and for a child protection order must be made within 20 days after

the day on which the report was made or the matter was referred to the Child Protection

Worker.

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S.N.W.T. 1997,c.13 21

Application in case of election

(3) Where an election is made under subsection 18(1), the Child Protection

Worker who receives the election under subsection 18(3) shall apply to a court for a

declaration that the child needs protection and for a child protection order within 20 days

after the day on which the election is received. S.N.W.T. 1998,c.17,s.4(15);

S.Nu. 2011,c.15,s.4.

Service of originating notice

25. A Child Protection Worker must serve a copy of the originating notice

commencing an application for a declaration that a child needs protection and for a child

protection order and an affidavit in support of the application on

(a) the following persons, if their identities and whereabouts are

known:

(i) the child's parents,

(ii) the person having actual care of the child at the time the

investigation under subsection 9(1) or 11(3) commenced,

where the child was not apprehended,

(iii) the person having actual care of the child at the time the

child was apprehended, where the child was apprehended;

(b) the child, where the child has attained the age of 12 years;

(b.1) the members of the plan of care committee not otherwise served

under this section or, where a plan of care committee was not

established and there is a Child and Family Services Committee in

the child's community, the chairperson of the Child and Family

Services Committee; and

(c) if the child is an Inuk child, whichever of the following Inuit

organizations the child, or the mother or father of the child, is or is

eligible to be a member:

(i) Kitikmeot Inuit Association,

(ii) Kivalliq Inuit Association,

(iii) Qikiqtani Inuit Association.

S.N.W.T. 1998,c.17,s.4(16); S.Nu. 2011,c.15,s.5,16.

Date for initial hearing – apprehension cases

26. (1) An initial hearing of an application under subsection 24(1)

(a) must be held not later than nine days after the day on which it is

filed; and

(b) subject to subsection (3), may be adjourned by the court from time

to time.

Date for hearing – non-apprehension cases

(2) A hearing of an application under subsection 24(2) or (3)

(a) must be held not later than 20 days after the day on which it is

filed; and

(b) may be adjourned by the court from time to time.

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S.N.W.T. 1997,c.13 22

Completion of initial hearing

(3) Where an application is made under subsection 24(1), an initial hearing must

be completed within 20 days after the day on which the child was apprehended, and at the

conclusion of the hearing the court may take one of the following actions:

(a) make an interim order under subsection 26.1(1);

(b) make a child protection order under section 28; or

(c) dismiss the application and direct that the child be returned to the

person who had lawful custody of the child when the child was

apprehended.

S.Nu. 2011,c.15,s.6.

Interim order

26.1. (1) On an initial hearing of an application under subsection 24(1), the court may

make an interim order that the child remain in the care of the Director, where the court

determines that

(a) there are reasonable grounds to believe that the child needs

protection; and

(b) the person who apprehended the child had, at the time of the

apprehension, reasonable grounds to believe that the child's health

or safety would be in danger if the child were returned to a person

having lawful custody of the child at the time the child was

apprehended.

Terms and conditions

(2) An interim order under subsection (1) may include terms and conditions that

the court considers appropriate in respect of any person's right of access to the child.

Dismissal

(3) The court shall dismiss the application if it determines that the grounds

referred to in paragraphs (1)(a) and (b) have not been established.

Withdrawal of application

(4) Where, at any time after an application is filed under subsections 24(1) or (2)

and before a child protection order is made under section 28, a plan of care agreement is

entered into that the Director considers adequate to protect the child, the Director may

withdraw the application and place the child in the care of the person designated in the

plan of care agreement to have custody of the child.

Discharge of interim order

(5) Where a plan of care agreement is entered into regarding a child who is the

subject of an interim order, the Director may, on serving the persons referred to in

section 25 with four days' notice, bring the matter again before a court and the court may

discharge the interim order and discontinue the application for a child protection order.

S.Nu. 2011,c.15,s.7.

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S.N.W.T. 1997,c.13 23

Interim order in effect

26.2. An interim order remains in effect until one of the following events occurs:

(a) the order is discharged by the court;

(b) the order is replaced by a child protection order made under

section 28;

(c) the Director withdraws the application, under subsection 26.1(4);

or

(d) the Director fails to issue a notice of motion for a hearing on the

application for a child protection order within 30 days after the

interim order is made.

S.Nu. 2011,c.15,s.7.

Determination of whether child needs protection

27. (1) On the hearing of an application under section 24, the court shall determine, in

accordance with section 7, whether or not the child who is the subject of the hearing

needs protection.

Declaration that child needs protection

(2) Where a court determines that a child needs protection, the court shall make a

declaration to that effect and, before making a child protection order, shall

(a) invite and consider representations on a plan of care for the child

by

(i) the Child Protection Worker,

(ii) the child's parents,

(iii) the person having actual care of the child at the time the

declaration is made, where the child was not apprehended,

(iv) the person having actual care of the child at the time the

child was apprehended, where the child was apprehended,

and

(v) the child, where the child has attained the age of 12 years;

and

(b) consider any terms and conditions recommended by the Child

Protection Worker to implement a plan of care for the child.

S.Nu. 2011,c.15,s.8,16.

Order

28. (1) A court may make one of the following child protection orders that is, in the

opinion of the court, in the best interests of the child who is the subject of the hearing:

(a) the child remain with or be returned to his or her parent or the

person having actual care of the child

(i) at the time the declaration was made under

subsection 27(2), where the child was not apprehended, or

(ii) at the time the child was apprehended, where the child was

apprehended;

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S.N.W.T. 1997,c.13 24

(b) the child remain with or be returned to his or her parent or the

person having actual care of the child

(i) at the time the declaration was made under

subsection 27(2), where the child was not apprehended, or

(ii) at the time the child was apprehended, where the child was

apprehended,

subject to supervision by a Child Protection Worker and to any

terms and conditions that the court considers necessary and proper,

for a specified period not exceeding 12 months;

(c) the child be placed in the temporary custody of the Director for a

specified period not exceeding 12 months, and the court may

specify in the order

(i) any terms and conditions that the court considers necessary

and proper, and

(ii) that the child's parent or person having actual care of the

child

(A) at the time the declaration was made under

subsection 27(2), where the child was not

apprehended, or

(B) at the time the child was apprehended, where the

child was apprehended,

be granted access to the child on the terms and conditions

that the court considers appropriate; or

(d) the child be placed in the permanent custody of the Director, and

the court may specify in the order

(i) any terms and conditions that the court considers necessary

and proper, and

(ii) that the child's parent or person having actual care of the

child

(A) at the time the declaration was made under

subsection 27(2), where the child was not

apprehended, or

(B) at the time the child was apprehended, where the

child was apprehended,

be granted access to the child on the terms and conditions

that the court considers appropriate.

Justice of the peace

(2) A justice of the peace may not make a child protection order under

paragraph (1)(d).

(3) Deleted, Committee of the Whole, 13th Legislative Assembly,

October 9, 1997.

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S.N.W.T. 1997,c.13 25

Return to person having lawful custody

(4) For the purposes of paragraphs (1)(a) and (b), the child shall not be returned to

a person who does not have lawful custody of the child unless the person had the actual

care of the child

(a) at the time the declaration was made under subsection 27(2), where

the child was not apprehended; or

(b) at the time the child was apprehended, where the child was

apprehended.

Access

(5) Where a court in a child protection order made under paragraph (1)(c) or (d)

grants a person access to the child, the court shall set out in the order the terms and

conditions of access including

(a) when and where the child and the person granted access to the

child may visit the other;

(b) the right, if any, of the person granted access to the child to make

inquiries and to be given information as to the health, education

and welfare of the child; and

(c) any other term or condition that the court considers necessary and

proper and in the best interests of the child.

Placement of child

(6) Where a court makes an interim order under subsection 26.1(1) or a child

protection order under paragraph (1)(c) or (d), the court may not make an order

respecting the placement of the child.

Consent for medical treatment

(7) Where a court makes an interim order under subsection 26.1(1) or a child

protection order under paragraph (1)(c), the order may provide that the child's parent shall

retain any right that the parent may have to give or refuse consent for medical care or

treatment for the child.

Maintenance of child

(8) Where a court makes an interim order under subsection 26.1(1) or a child

protection order under paragraph (1)(c), the order may provide that the child's parent or a

person who stands in the place of the child's parent shall make a financial contribution

specified in the order towards the costs incurred by the Director in maintaining and

supervising the child during the term of the order.

Further order

(9) Where a court makes a child protection order under paragraph (1)(b) or (c), a

Child Protection Worker, on serving notice on the persons mentioned in section 25, may

bring the matter again before a court and the court may

(a) extend the order for one or more periods;

(b) vary the order or make any further order under subsection (1) that

the court considers necessary and proper; or

(c) discharge the order.

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S.N.W.T. 1997,c.13 26

Limitation on further order

(10) A court may not make or extend an order under subsection (9) that would

result in a child being in the temporary custody of the Director for a continuous period

exceeding 24 months. S.Nu. 2011,c.15,s.16.

Certified copy of order

29. After an interim order or a child protection order is made, the Child Protection

Worker shall obtain a certified copy of the order from the Clerk of the Nunavut Court of

Justice and send it to each of the following persons:

(a) the Director;

(b) the child's parents if the identities and whereabouts of the child's

parents are known; and

(c) either of the following persons, if the child is to remain with or be

returned to that person:

(i) the person having actual care of the child at the time the

declaration was made under subsection 27(2), where the

child was not apprehended,

(ii) the person having actual care of the child at the time the

child was apprehended, where the child was apprehended.

S.Nu. 2010,c.4,s.8(2); S.Nu. 2011,c.15,s.16.

Youth Who Needs Protection

Declaration that youth needs protection

29.1. The Director may apply to the court for a declaration that a youth needs protection

and for an order where the Director has reason to believe that a youth

(a) cannot reside with his or her parents, and

(i) is unable to care for and protect himself or herself, and

(ii) is unable or unwilling to enter into an agreement with the

Director under section 6 due to developmental,

behavioural, emotional, mental or physical incapacity or

disorder, or the effects of the use of alcohol, other drugs,

solvents or other similar substances; or

(b) is living in circumstances of a child who needs protection under

subsection 7(3).

S.Nu. 2009,c.10,s.5; S.Nu. 2018,c.8,s.11(2)(a).

Service of originating notice

29.2. The Director must serve a copy of the originating notice commencing an

application under section 29.1 and an affidavit in support of the application on

(a) the youth; and

(b) the youth's parents, if their identities and whereabouts are known.

S.Nu. 2009,c.10,s.5.

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S.N.W.T. 1997,c.13 27

Application by interested person

29.3. An interested person may make an application under section 29.1 by serving an

originating notice of the application and an affidavit in support of the application on the

youth and on the Director. S.Nu. 2009,c.10,s.5.

Determination of whether youth needs protection

29.4. (1) On hearing an application under section 29.1, the court shall determine

whether or not the youth who is the subject of the hearing needs protection.

Declaration that youth needs protection

(2) Where a court determines that a youth is in need of protection, the court shall

make a declaration to that effect, and before making an order shall invite and consider

representations on a plan of care for the youth by

(a) the Director;

(b) the youth; and

(c) the youth's parents, if their identities and whereabouts are known,

and the court considers it in the interests of the youth to hear from

one or both of the youth's parents.

Plan of care for youth

(3) A plan of care in respect of a youth shall be based on services that may be

provided pursuant to an agreement under section 6. S.Nu. 2009,c.10,s.5.

Order

29.5. (1) On making a declaration that a youth is in need of protection under

subsection 29.4(2), the court may make one of the following orders that is, in the opinion

of the court, in the best interests of the youth who is the subject of the hearing:

(a) the youth be placed in the temporary custody of the Director for a

specified period not exceeding 12 months, and the court may

specify in the order

(i) any terms and conditions that the court considers necessary

and proper, and

(ii) that the youth's parent or person having actual care of the

youth at the time the declaration was made under

subsection 29.4(2) be granted access to the youth on the

terms and conditions that the court considers appropriate;

or

(b) the youth be placed in the permanent custody of the Director, and

the court may specify in the order

(i) any terms and conditions that the court considers necessary

and proper, and

(ii) that the youth's parent or person having actual care of the

youth at the time the declaration was made under

subsection 29.4(2) be granted access to the youth on the

terms and conditions that the court considers appropriate.

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Justice of the peace

(2) A justice of the peace may not make an order under paragraph (1)(b).

Maintenance of youth

(3) Where a court makes an order under subsection (1), the order may provide that

the youth's parent or a person who stands in the place of the youth's parent shall make a

financial contribution specified in the order towards the costs incurred by the Director in

maintaining and supervising the youth during the term of the order.

Further order

(4) Where a court makes an order under paragraph (1)(a), the Director, on serving

notice on the persons mentioned in section 29.2, may bring the matter again before a

court and the court may

(a) extend the order for one or more periods;

(b) vary the order or make any further order under subsection (1) that

the court considers necessary and proper; or

(c) discharge the order.

Copy of order to youth

(5) The Director shall provide a certified copy of any declaration made under

subsection 29.4(2) and any order made under subsection (1) to the youth who is the

subject of the declaration or order.

Placement of youth and implementation of plan of care

(6) Where a youth is placed in the temporary or permanent custody of the Director

pursuant to an order under subsection (1), a Child Protection Worker shall

(a) on behalf of the Director, make arrangements as soon as possible

to place the youth in such accommodations as are specified in the

order or the plan of care to best meet the needs of the youth; and

(b) monitor the plan of care to ensure that it is implemented according

to its terms.

Application of section 47

(7) Section 47 applies where a youth is placed in the temporary custody of the

Director pursuant to an order under paragraph (1)(a), and in applying section 47,

(a) a reference to a child shall be read as a reference to a youth; and

(b) a reference to paragraph 28(9)(c) shall be read as a reference to

paragraph (4)(c).

Application of sections 48 and 49

(8) Sections 48 and 49 apply where a youth is placed in the permanent custody of

the Director pursuant to an order under paragraph (1)(b), and in applying sections 48

and 49,

(a) a reference to a child shall be read as a reference to a youth; and

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S.N.W.T. 1997,c.13 29

(b) the reference to 16 years in paragraph 48(1)(a) shall be read as a

reference to 19 years.

S.Nu. 2009,c.10,s.5.

Application of Part IV

29.6. With respect to an order made under section 29.5 or an agreement entered into

under section 6, the provisions of Part IV, other than subsections 84(2), (3) and (4), apply

to a youth in the same way that they apply to a child, and any reference to a child or

children shall be read as including a reference to a youth. S.Nu. 2009,c.10,s.5.

Medical Care or Treatment to Preserve Life

Definitions

30. In sections 31 and 32,

"court" means the Nunavut Court of Justice; (tribunal)

"order" means an order made under subsection 31(9); (ordonnance)

"parent" means a parent as defined in subsection 7(1). (parent)

S.N.W.T. 1998,c.34,Sch.C,s.3(3)(a); S.Nu. 2017,c.22,s.4(3).

Apprehension where medical care or treatment refused

31. (1) Where the Director has reasonable grounds to believe that a child needs

protection by reason of any refusal described in paragraph 7(3)(j), the Director shall

(a) direct a Child Protection Worker, a peace officer or an authorized

person to apprehend the child, if the child has not already been

apprehended; and

(b) without delay, make an application to the court for a declaration

that the child needs protection and for an order authorizing the

medical care or treatment.

(2) Repealed, S.Nu. 2011,c.15,s.9(1).

Apprehension of child

(3) A Child Protection Worker, a peace officer or an authorized person shall

apprehend a child where he or she has been directed to do so by the Director under

paragraph (1)(a).

Notice of apprehension

(4) Where a child has been apprehended in accordance with a direction given

under paragraph (1)(a), the Director shall, without delay, notify the child's parents, if the

identities and whereabouts of the child's parents are known,

(a) that the child has been apprehended;

(b) the reasons for the apprehension; and

(c) that the Director intends to make an application to the court for an

order under this section.

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S.N.W.T. 1997,c.13 30

Method of notice

(5) Notice under subsection (4) may be by any method and may be oral or in

writing.

Validity of action or proceeding

(6) The validity of any action taken or proceeding commenced under this section

is not affected where the Director is unable, after making a reasonable effort, to give

notice in accordance with subsection (4).

Time for making application

(6.1) An application under paragraph (1)(b) must be filed with a court within

four days after the day on which the child was apprehended, and a hearing must be held

within nine days after the day on which the application is filed.

Adjournment

(6.2) The court may adjourn a hearing from time to time and shall make an order

continuing the apprehension during any adjourned period if the court is satisfied that

there are reasonable grounds to believe that

(a) the child needs protection by reason of a refusal described in

paragraph 7(3)(j); and

(b) provision of the medical care or treatment is in the best interests of

the child.

Service of originating notice

(7) The Director must serve a copy of the originating notice commencing, or

where an application has been commenced in the court a notice of, an application for a

declaration that a child needs protection and for an order and an affidavit in support of the

application on

(a) the child's parents and the person having actual care of the child at

the time the child was apprehended; and

(b) the child, where the child has attained the age of 12 years.

Dispensing with service

(7.1) The court may dispense with the requirement for service of the originating

notice or notice of application prior to the hearing of the application or make any other

order the court considers necessary where, in the opinion of the judge,

(a) it is in the best interests of the child; and

(b) the persons entitled to service under subsection (7), if their

identities and whereabouts are known, are otherwise aware of the

application and of the time and place of the hearing, and have an

opportunity to participate in the proceedings.

Determination of whether child needs protection

(8) On hearing an application for a declaration that the child needs protection and

for an order, the court shall determine whether or not the child needs protection.

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S.N.W.T. 1997,c.13 31

Declaration that child needs protection and order

(9) Where a court determines that a child needs protection by reason of any

refusal described in paragraph 7(3)(j), the court shall make a declaration to that effect and

where the court is satisfied that the child should be provided with medical care or

treatment and it is, in the opinion of the court, in the best interests of the child who is the

subject of the hearing to do so, the court may make an order

(a) dispensing with the parent's consent for medical care or treatment

for the child;

(b) authorizing the medical care or treatment;

(c) requiring the child's parents, the person having actual care of the

child at the time the child was apprehended or other person to

deliver the child to the place where the medical care or treatment

will be provided;

(d) prohibiting any person from obstructing the provision of the

medical care or treatment;

(e) providing when the child shall be returned to his or her parents or

the person having actual care of the child at the time the child was

apprehended; and

(f) including any other terms and conditions, including the duration of

the order, that the court considers necessary.

Provision of medical care

(10) On the making of the order, the Director shall direct that the child be

provided with medical care or treatment in accordance with the order.

S.Nu. 2011,c.15,s.9,16.

Certified copy of order

32. (1) After an order is made, the Director shall obtain a certified copy of the order

from the Clerk of the Nunavut Court of Justice and send it to each of the following

persons:

(a) the child's parents, unless the court orders otherwise;

(b) the person having actual care of the child at the time the child was

apprehended, unless the court orders otherwise;

(c) the person who provided the medical care or treatment.

Civil liability

(2) No liability attaches to the Director in respect of, or any person providing,

medical care or treatment under section 31 by reason only that the parent of the child did

not consent to the care or treatment.

Power of Director and others to proceed under Act

(3) Section 31 and any action taken or anything done under section 31 in respect

of a child does not limit the power of the Director, a Child Protection Worker, a peace

officer, an authorized person or any other person who is authorized by this Act to do so

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S.N.W.T. 1997,c.13 32

from taking any other action or commencing or continuing any proceeding under any

other provision of this Act in respect of the child. S.Nu. 2011,c.6,s.4(2).

Apprehension – General

Method of apprehension

33. A person who is authorized to apprehend a child under this Part may, without a

warrant, enter a place by day or night, using force if necessary to effect entry, to

apprehend the child.

Notice of apprehension

34. (1) Where a child has been apprehended, a Child Protection Worker shall, without

delay, notify the child's parents and the person having actual care of the child at the time

the child was apprehended, if the identities and whereabouts of the child's parents and the

person are known, and the child, where the child has attained the age of 12 years, that the

child has been apprehended and the reasons for the apprehension and, where applicable,

that

(a) the Child Protection Worker will apply to a court for a declaration

that the child needs protection and for a child protection order;

(b) a Child and Family Services Committee or the Child Protection

Worker shall endeavour to establish a plan of care committee by

the date specified in the notice; and

(c) if a plan of care or plan of care committee is established, the

person who has lawful custody of the child or the child, where the

child has attained the age of 12 years, has a right to make an

election under section 18 to have the Child Protection Worker

apply to a court for a declaration that the child needs protection

and for a child protection order.

Information on procedures under Act

(2) A Child Protection Worker shall provide, together with the notice under

subsection (1), the applicable information prepared by the Director explaining the

procedures under this Act for

(a) making an application to a court for a declaration that a child needs

protection and for a child protection order; and

(b) establishing a plan of care committee and a plan of care agreement.

Method of notice

(3) Notice under subsection (1) may be by any method and may be oral or in

writing.

Validity of action or proceeding

(4) The validity of any action taken or proceeding commenced under this Act is

not affected where the Child Protection Worker is unable, after making a reasonable

effort, to give notice in accordance with subsection (1).

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Application

(5) This section does not apply where a child has been apprehended in accordance

with a direction given under paragraph 31(1)(a). S.Nu. 2011,c.15,s.10,16.

Rights and responsibilities of Director

35. (1) Where a child has been apprehended, the Director has the rights and

responsibilities of a parent in respect of the person of the child from the time of the

apprehension until one of the following occurs:

(a) the child is returned under section 12 to his or her parent or the

person having actual care of the child at the time of the

apprehension;

(a.1) an interim order under subsection 26.1(1) expires or the application

for a child protection order is withdrawn or dismissed;

(b) a plan of care agreement commences;

(c) a child protection order is made;

(c.1) an interim order or a child protection order is discharged by a

court; or

(d) where no plan of care agreement, interim order or child protection

order has been made, the child attains the age of 16 years.

Limitation on rights of Director

(2) For the purposes of subsection (1), the rights of a parent in respect of the

person of the child means only those rights in relation to the following:

(a) where and with whom the child will live;

(b) consent to the examination of the child by a health care

professional and, except where a child has been apprehended by

reason of any refusal described in paragraph 7(3)(j), consent for

medical care or treatment for the child if, in the opinion of the

Director, the care or treatment should be provided;

(c) the child's education; and

(d) the child's social and recreational activities.

Return to person having lawful custody

(3) For the purpose of paragraph (2)(a), the child shall not be returned to a person

who does not have lawful custody of the child unless the person had the actual care of the

child at the time the child was apprehended.

Where child lives with parent

(4) Where the Director decides under paragraph (2)(a) that a child will live with a

parent of the child or person having actual care of the child at the time the child was

apprehended, the Director may impose any terms and conditions that the Director

considers advisable including supervision by a Child Protection Worker.

Where child lives with other person

(5) Where the Director decides under paragraph (2)(a) that a child will live with

someone other than a parent of the child, the Director may allow the child's parents or

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S.N.W.T. 1997,c.13 34

person having actual care of the child at the time the child was apprehended access to the

child on any terms and conditions that the Director considers appropriate.

Delegation to assistant Director

(6) The Director may, in writing, delegate to an assistant Director any of the

Director's rights and responsibilities of a parent in respect of the person of the child

during the period referred to in subsection (1).

Child Protection Worker

(7) A Child Protection Worker may act on behalf of the Director or an assistant

Director, where the Director has made a delegation under subsection (6), in respect of any

matter listed in paragraphs (2)(a) to (d) where authorized to do so by the Director or the

assistant Director.

Application

(8) This section does not apply where a child has been apprehended in accordance

with a direction given under paragraph 31(1)(a). S.Nu. 2011,c.15,s.11,16.

PART II

PERMANENT CUSTODY FOR PURPOSE OF ADOPTION

Definitions

36. In this Part,

"court" means the Nunavut Court of Justice; (tribunal)

"order" means an order made under subsection 38(1). (ordonnance)

S.N.W.T. 1998,c.34,Sch.C,s.3(4)(a).

Delivery of child for adoption

37. (1) Where a parent of a child delivers the child to a Child Protection Worker for

the purpose of adoption and the consents required by this Part have been provided to the

Director or a Child Protection Worker, the Child Protection Worker shall apply to a court

for an order that the child be placed in the permanent custody of the Director.

Service of notice

(2) The Child Protection Worker must serve a copy of the originating notice

commencing the application under subsection (1) and an affidavit of the Child Protection

Worker in support of the application on the child's parents.

Rights and responsibilities of Director

(3) Where a child has been delivered to a Child Protection Worker for the purpose

of adoption, the Director has the rights and responsibilities of a parent in respect of the

person of the child from the time of the delivery until an order is made.

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Limitation on rights of Director

(3.1) For the purposes of subsection (3), until the consents required by this Part

have been provided to the Director or a Child Protection Worker, the rights of a parent in

respect of the person of the child means only those rights in relation to the following:

(a) where and with whom the child will live;

(b) consent to the examination of the child by a health care

professional and consent for medical care or treatment for the child

if, in the opinion of the Director, the care or treatment should be

provided;

(c) the child's education; and

(d) the child's social and recreational activities.

Delegation to assistant Director

(4) The Director may, in writing, delegate to an assistant Director any of the

Director's rights or responsibilities of a parent in respect of the person of the child during

the period referred to in subsection (3).

Child Protection Worker

(5) A Child Protection Worker may act on behalf of the Director or an assistant

Director, where the Director has made a delegation under subsection (4), in respect of any

right or responsibility of a parent in respect of the person of the child where authorized to

do so by the Director or the assistant Director. S.N.W.T. 1998,c.17,s.4(17).

Order

38. (1) On hearing an application for an order that a child be placed in the permanent

custody of the Director, the court shall make an order placing the child in the permanent

custody of the Director where, in the opinion of the court, it is in the best interests of the

child to do so, and the court may specify in the order

(a) any terms and conditions that the court considers necessary and

proper; and

(b) that the child's parent be granted access to the child on the terms

and conditions that the court considers appropriate.

Access

(2) Where a court in its order grants a child's parent access to the child, the court

shall set out in the order the terms and conditions of access including

(a) when and where the child and the parent may visit the other;

(b) the right, if any, of the parent to make inquiries and to be given

information as to the health, education and welfare of the child;

and

(c) any other term or condition that the court considers necessary and

proper and in the best interests of the child.

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Certified copy of order

(3) After an order is made, the Child Protection Worker shall obtain from the

court and send to each of the following persons, a certified copy of the order:

(a) the Director; and

(b) the child's parents.

Consent to Order

Consent of parent to order

39. (1) Except as provided in section 43, no order shall be made without the consent

of the parents of the child.

Parent under age of majority

(2) A parent who has not attained the age of majority may consent to the placing

of his or her child in the permanent custody of the Director for the purpose of adoption.

Time for parent's consent

(3) A parent may not consent to the placing of his or her child in the permanent

custody of the Director for the purpose of adoption until the expiration of 10 days after

the child has been delivered to a Child Protection Worker under subsection 37(1).

S.N.W.T. 1998,c.17,s.4(18).

Consultation before consent

40. Before a parent consents to the placing of his or her child in the permanent

custody of the Director for the purpose of adoption, a Child Protection Worker shall

(a) provide information prepared by the Director to the parent on the

services available to the parent and to the child if the child remains

with the parent or an order is made respecting the child;

(b) explain the effect of an order, and when a consent may be given or

revoked; and

(c) advise the parent to obtain independent legal advice before giving

his or her consent.

Provision of consent to Director

41. (1) A parent shall provide his or her consent to the Director.

Receipt of consent

(2) A Child Protection Worker may receive the consent of a parent on behalf of

the Director.

Revocation of consent by parent

42. (1) A parent may revoke his or her consent at any time before an order is made

and shall, without delay, provide the revocation to the Director.

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Assistance of Child Protection Worker

(2) On the request of a parent, a Child Protection Worker shall assist the parent in

preparing a revocation under subsection (1).

Return of child to parent

(3) Where a parent revokes his or her consent under subsection (1), the Child

Protection Worker shall return the child as soon as possible to the parent having actual

care of the child immediately before the child was delivered to the Child Protection

Worker under subsection 37(1).

Dispensing with consent of parent

43. Where the consent of a parent is not produced at the hearing of an application for

an order, the judge may order notice of the application and affidavit of the Child

Protection Worker in support of the application to be served on the parent and the judge

may dispense with the consent of the parent in the following circumstances where, in the

opinion of the judge, it is in the best interests of the child to do so:

(a) the parent fails to appear at the time and place stated in the notice;

(b) the parent appears and objects to giving consent on grounds that

the judge considers insufficient; or

(c) the judge, for reasons that appear to be sufficient to the judge,

considers it necessary or desirable to dispense with the consent of

the parent.

Form of consent

44. A consent must be

(a) in writing and in a form that complies with the regulations; and

(b) accompanied by an affidavit of execution.

Consent or revocation from outside Nunavut

45. (1) A consent or a revocation of a consent of a parent residing outside Nunavut to

the placing of his or her child who is residing in Nunavut in the permanent custody of the

Director for the purpose of adoption is a valid consent or revocation in Nunavut if the

consent or revocation complies with the laws of the jurisdiction in which the parent

resides when the consent was given or the revocation was made, and is admissible in

evidence as if it were a consent or revocation given or made under this Act.

Affidavit of execution

(2) Notwithstanding paragraph 44(b), an affidavit of execution is not required for

a consent referred to in subsection (1) if it is not required by the law of the jurisdiction

referred to in subsection (1). S.N.W.T. 1998,c.17,s.4(19); S.Nu. 2010,c.4,s.8(3).

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PART III

TEMPORARY AND PERMANENT CUSTODY

Placement and Plan of Care

Placement of child and implementation of plan of care

46. Where a court places a child in the temporary or permanent custody of the

Director, a Child Protection Worker shall

(a) on behalf of the Director, make arrangements as soon as possible

to place the child in a child care facility or a foster home, unless

the child is to be placed for adoption under the Adoption Act; and

(b) monitor the plan of care to ensure that it is implemented according

to its terms.

S.N.W.T. 1998,c.17,s.4(20).

Temporary Custody

Temporary custody

47. (1) Where a child has been placed in the temporary custody of the Director, the

Director has the rights and responsibilities of a parent in respect of the person of the child

until

(a) the period of custody set out in the child protection order or any

extension of the order under subsection (3) expires; or

(b) a court, under paragraph 28(9)(c), discharges the child protection

order placing the child in the temporary custody of the Director.

Limitation on rights of Director

(2) For the purposes of subsection (1), the rights of a parent in respect of the

person of the child means only those rights in relation to the following:

(a) where and with whom the child will live;

(b) subject to an order made under subsection 28(7), consent for

medical care or treatment for the child;

(c) the child's education; and

(d) the child's social and recreational activities.

Extension of temporary custody

(3) Where, on application to the Nunavut Court of Justice, the court is of the

opinion that it is in the best interests of a child who has been placed in the temporary

custody of the Director to do so, the court may make an order providing that the Director

continue to have custody of the child for the period that the court considers necessary and

proper but not beyond the day on which the child attains the age of majority, but the court

may not make an order that would result in the child being in the temporary custody of

the Director for a continuous period exceeding 24 months.

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Who may make application

(4) An application under subsection (3) may be made by the Director, a child who

has been placed in the temporary custody of the Director or an interested person on

serving notice of the application and an affidavit in support of the application on the

others.

Delegation to assistant Director

(5) The Director may, in writing, delegate to an assistant Director any of the

Director's rights and responsibilities of a parent in respect of the person of the child

during the period referred to in subsection (1).

Child Protection Worker

(6) A Child Protection Worker may act on behalf of the Director or an assistant

Director, where the Director has made a delegation under subsection (5), in respect of any

matter listed in paragraphs (2)(a) to (d) where authorized to do so by the Director or the

assistant Director. S.N.W.T. 1998,c.34,Sch.C,s.3(4)(b); S.Nu. 2009,c.10,s.6;

S.Nu. 2011,c.15,s.16.

Permanent Custody

Permanent custody

48. (1) Subject to section 20 of the Adoption Act, where a child has been placed in the

permanent custody of the Director, the Director has the rights and responsibilities of a

parent in respect of the person of the child until

(a) the child attains the age of 16 years;

(b) the child is adopted under the Adoption Act; or

(c) a court, under section 49, discharges the order placing the child in

the permanent custody of the Director.

Provision of information

(1.1) The Director shall provide information regarding a child who is in the

permanent custody of the Director, including information respecting the placement,

education or health of the child, to a person who had lawful custody of the child

immediately before the child was placed in the permanent custody of the Director, unless

the Director considers it is not in the best interests of the child to do so.

Extension of permanent custody

(2) Where, on application to the Nunavut Court of Justice, the court is of the

opinion that it is in the best interests of a child who has been placed in the permanent

custody of the Director to do so, the court may make an order providing that the Director

continue to have custody of the child for the period that the court considers necessary and

proper beyond the day on which the child attains the age of 16 years, but not beyond the

day on which the child attains the age of majority.

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Who may make application

(3) An application under subsection (2) may be made by the Director, a child who

has been placed in the permanent custody of the Director or an interested person on

serving notice of the application and an affidavit in support of the application on the

others.

Termination of extended permanent custody

(4) Where an order is made under subsection (2), subject to section 20 of the

Adoption Act, the Director has the rights and responsibilities of a parent in respect of the

person of the child until

(a) the period of custody set out in the order expires;

(b) the child attains the age of majority;

(c) the child is adopted under the Adoption Act; or

(d) a court, under section 49, discharges the order placing the child in

the permanent custody of the Director.

Delegation to assistant Director

(5) The Director may, in writing, delegate to an assistant Director any of the

Director's rights and responsibilities of a parent in respect of the person of the child

during the period referred to in subsection (1) or (4).

Child Protection Worker

(6) A Child Protection Worker may act on behalf of the Director or an assistant

Director, where the Director has made a delegation under subsection (5), in respect of any

right or responsibility of a parent in respect of the person of the child where authorized to

do so by the Director or the assistant Director. S.N.W.T. 1998,c.17,s.4(21);

S.N.W.T. 1998,c.34,Sch.C,s.3(4)(c).

Discharging Permanent Custody Order

Application to discharge order

49. (1) Where a child has been placed in the permanent custody of the Director, the

Director, the child's parent or, where the child has attained the age of 12 years, the child

may apply to the court that made the original order to make an order discharging that

order.

Order

(2) Where, in the opinion of the court to which an application is made under

subsection (1), it is in the best interests of the child to do so, the court may make an order

discharging the order placing the child in the permanent custody of the Director and may

impose any terms and conditions that the court considers necessary and proper.

S.Nu. 2011,c.6,s.4(3).

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PART IV

GENERAL

Administration

Directions and guidelines

50. The Minister may issue the directions and guidelines referred to in this Act.

Appointment of Director

51. (1) The Minister shall appoint a Director of Child and Family Services.

Duties of Director

(2) The Director shall

(a) perform the duties imposed on the Director by this Act and the

regulations or by any other Act;

(b) ensure that the provisions of this Act and the regulations are

carried out;

(c) prepare the information referred to in paragraph 14(1)(b) and

subsection 34(2);

(d) prepare the information on the services referred to in

paragraph 40(a);

(e) in accordance with the directions and guidelines of the Minister,

visit, or direct a Child Protection Worker or an authorized person

to visit, any child placed under a plan of care agreement or

otherwise under this Act;

(f) in accordance with the directions and guidelines of the Minister,

inspect, or direct a Child Protection Worker or an authorized

person to inspect, any child care facility, foster home or other place

where a child is placed under a plan of care agreement or otherwise

under this Act;

(f.1) respond within 60 days to recommendations made after a coroner's

inquest following a death of a child in the care of the Director or a

child who was in the care of the Director within one year preceding

the death; and

(g) prepare and submit an annual report to the Minister in accordance

with the regulations.

Powers of Director

(3) The Director may

(a) exercise any power that is conferred on the Director by this Act or

the regulations and by any other Act;

(b) subject to section 52, in writing, delegate to an assistant Director

any of the Director's powers and duties under this Act or the

regulations or under any other Act in respect of the community for

which the assistant Director is appointed;

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(c) in writing, authorize a Child Protection Worker to assist the

Director or assistant Director in the exercise of any of the

Director's powers and the performance of any of the Director's

duties under this Act or the regulations or under any other Act in

respect of Nunavut or the community for which the Child

Protection Worker is appointed;

(d) provide direction to an authorized person in the exercise of any

power or in the performance of any duty of an authorized person

under this Act; and

(e) exercise any power and perform any duty conferred or imposed on

a Child Protection Worker by this Act or the regulations.

S.Nu. 2010,c.4,s.8(3); S.Nu. 2013,c.15,s.7.

Note: Immediately after both Bill 51, An Act to Amend the Child and Family Services

Act, and paragraph 4(1)(b) of Bill 40, Representative for Children and Youth Act,

have come into force, paragraph 51(2)(f.1) is repealed and the following

substituted:

(f.1) respond within 60 days to recommendations made after a coroner's

inquest or a review by the Representative for Children and Youth

of a death or critical injury of a child in the care of the Director or a

child who has been in the care of the Director within one year of

the death or critical injury; and

See S.Nu. 2013,c.15,s.8.

Limitation on delegation by Director

52. The Director may not delegate any power or duty referred to in

paragraph 31(1)(a), section 32, paragraph 51(2)(g) or (3)(c), subsection 53(1), 54(2)

or (3), or 55(1) or (1.1). S.Nu. 2011,c.15,s.16.

Assistant Directors

53. (1) The Director may appoint an assistant Director for one or more communities.

Delegated powers and duties

(2) An assistant Director may exercise the powers and shall perform the duties of

the Director that the Director has delegated to the assistant Director under

paragraph 51(3)(b) in respect of the community for which the assistant Director is

appointed.

Powers and duties of Child Protection Worker

(3) An assistant Director may exercise any power and perform any duty conferred

or imposed on a Child Protection Worker by this Act or the regulations.

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Tabling of annual report

53.1. The Minister shall lay a copy of the Director's annual report before the Legislative

Assembly as soon as is reasonably practicable. S.Nu. 2013,c.15,s.9.

Definitions

54. (1) In this section, "community", "community corporation" and "corporate body"

have the same meaning as in section 56.

Child Protection Workers for Nunavut

(2) The Director may appoint employees of the Government of Nunavut as Child

Protection Workers for Nunavut.

Child Protection Workers for communities

(3) Where there is a community agreement, the Director may appoint one or more

employees of the following as Child Protection Workers for the community or

communities to which the agreement applies:

(a) if a community corporation is a party to the agreement, that

community corporation; or

(b) if a corporate body is a party to the agreement, that corporate body.

Powers and duties

(4) A Child Protection Worker

(a) has the powers conferred and duties imposed on a Child Protection

Worker by this Act and the regulations; and

(b) shall assist the Director and the assistant Director in the exercise of

any powers and the performance of any duties of the Director that

the Director has authorized the Child Protection Worker to

exercise or perform under paragraph 51(3)(c), in respect of

Nunavut or the community or communities for which the Child

Protection Worker is appointed.

S.N.W.T. 1998,c.17,s.4(22); S.Nu. 2010,c.4,s.8(3).

Authorized person

55. (1) The Director may, in writing, authorize a person to exercise any of the powers

and perform any of the duties of an authorized person under this Act.

Chairperson of a Child and Family Services Committee

(1.1) The Director, in writing,

(a) shall authorize a chairperson of a Child and Family Services

Committee to exercise the powers and perform the duties of an

authorized person under sections 60 and 61; and

(b) may authorize a chairperson of a Child and Family Services

Committee to exercise any other power and perform any other duty

of an authorized person under this Act.

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Direction of Director

(2) An authorized person is subject to the direction of the Director in the exercise

of any power or in the performance of any duty of an authorized person under this Act.

Community Agreements

Definitions

56. In sections 57 to 59,

"community" means,

(a) in respect of a community agreement made under section 57, a

municipality or a settlement in respect of which a settlement

corporation has been established, and

(b) in respect of a community agreement made under section 58.1, any

community; (communauté)

"community corporation" means a municipal corporation or a settlement corporation;

(corporation de communauté)

"community council" means the council of a municipal corporation or settlement

corporation; (conseil communautaire)

"corporate body" means a not for profit corporate body of an Inuit organization identified

in paragraph 25(c). (personne morale)

S.Nu. 2011,c.15,s.16.

Community agreement

57. (1) A community council may, by by-law, authorize the community corporation

to enter into a community agreement with the Minister

(a) delegating to the community corporation the authority and

responsibility for any matter set out in this Act;

(b) establishing a Child and Family Services Committee and defining

its role in the community, in addition to its powers and duties

under this Act, and establishing the term of office of its members

and the procedures by which the Child and Family Services

Committee shall conduct its meetings and exercise its powers and

perform its duties under this Act; and

(c) setting out the procedure for establishing and amending

community standards and making the members of the community

aware of community standards.

Powers and duties of municipal corporation

(2) A community corporation has, subject to the terms and conditions of a

community agreement, the power and shall perform the duties delegated to the

community corporation by the community agreement and, for greater certainty, the

exercise of the powers and performance of the duties in accordance with the community

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agreement is deemed, for the purposes of the Cities, Towns and Villages Act, the Hamlets

Act and the Settlements Act, to be a municipal purpose. S.Nu. 2010,c.4,s.8(3).

Child and Family Services Committee

58. (1) A Child and Family Services Committee is a committee of the community

council and shall exercise its powers and perform its duties in accordance with this Act,

the regulations and the community agreement.

Appointment of members

(2) The members of a Child and Family Services Committee shall be appointed

by the community council for the term set out in the community agreement.

Community agreement

58.1. (1) A board of directors of a corporate body may authorize the corporate body to

enter into a community agreement with the Minister

(a) delegating to the corporate body the authority and responsibility

for any matter set out in this Act;

(b) specifying the community or communities in which the corporate

body may act;

(c) specifying the Inuit children for whom the corporate body may act;

and

(d) establishing a Child and Family Services Committee and defining

its role in the community or communities in which it may act, in

addition to its powers and duties under this Act, and establishing

the term of office of its members and the procedures by which the

Child and Family Services Committee shall conduct its meetings

and exercise its powers and perform its duties under this Act.

Limitation

(2) Delegation to a corporate body under subsection (1) may be made only in

respect of Inuit children represented by the Inuit organization referred to in the definition

"corporate body" in section 56.

Powers and duties of corporate body

(3) A corporate body has, subject to the terms and conditions of a community

agreement, the power and shall perform the duties delegated to the corporate body by the

community agreement. S.Nu. 2011,c.15,s.16.

Child and Family Services Committee

58.2. (1) A Child and Family Services Committee is a committee of the board of

directors of the corporate body and shall exercise its powers and perform its duties in

accordance with this Act, the regulations and the community agreement.

Appointment of members

(2) The members of a Child and Family Services Committee shall be appointed

by the board of directors for the term set out in the community agreement.

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Community standards

59. (1) A community corporation that is a party to a community agreement may

establish community standards to be used in determining

(a) the level of care adequate to meet a child's needs under

paragraph 2(m); and

(b) whether or not a child needs protection under subsection 7(3).

Minimum community standards

(2) Community standards must include the minimum community standards

established by the regulations.

Additional community standards

(3) A community corporation that is a party to a community agreement may

establish community standards in addition to the minimum community standards

established by the regulations in accordance with the procedure set out in the community

agreement, but any additional community standards shall not abrogate or derogate from

the minimum community standards established by the regulations.

Duty to inform community of community standards

(4) A community corporation that is a party to a community agreement shall make

the members of the community aware of the community standards in accordance with the

procedure set out in the community agreement.

59.1. Repealed, S.Nu. 2013,c.20,s.5(2).

Visiting and Inspection

Persons entrusted with care of child

60. Every person entrusted with the care of a child under this Act shall permit the

Director, a Child Protection Worker or an authorized person

(a) to visit the child at any time, without notice; and

(b) on the request of the Director, a Child Protection Worker or an

authorized person, to inspect the place where the child has been

placed for the purpose of determining that the place conforms to

the standards of living accommodation established by the

regulations and that the plan of care for the child, if any, is being

implemented according to its terms as it relates to the

responsibilities of that person.

Child care facilities and foster homes

61. Every person who operates a child care facility or foster home shall permit the

Director, a Child Protection Worker or an authorized person

(a) to visit the children in its care at any time, without notice; and

(b) on the request of the Director, a Child Protection Worker or an

authorized person, to inspect all parts of the premises and buildings

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used in connection with the child care facility or foster home for

the purpose of determining that the child care facility or foster

home conforms to the standards of living accommodation

established by the regulations and that every plan of care for a

child is being implemented according to its terms as it relates to the

responsibilities of the child care facility or foster home.

Child Care Facilities and Foster Homes

Approval of child care facilities

62. (1) Subject to subsection (2), the Director may approve a group home or other

facility as a child care facility for the purpose of the placement of children under this Act

other than for the purpose of adoption.

Exception

(2) The Director may not approve as a child care facility a place or facility that is

a place of temporary detention or a place of custody for the purposes of the Young

Offenders Act or the Youth Criminal Justice Act (Canada).

Approval of foster homes

(3) The Director may approve a private home as a foster home for the purpose of

the placement of children under this Act other than for the purpose of adoption.

Agreements

(4) The Director may enter into a written agreement with a person who operates a

child care facility or a foster home respecting the placement of children under this Act.

S.Nu. 2003,c.4,s.12.

Duties of child care facility and foster home

63. Every person who operates a child care facility or foster home shall

(a) ensure that the child care facility or foster home complies with all

the requirements of this Act and the regulations respecting child

care facilities and foster homes;

(b) ensure that the child care facility or foster home conforms to the

standards of living accommodation established by the regulations;

(c) implement the plan of care for each child in its care according to

its terms as it relates to the responsibilities of the child care facility

or foster home; and

(d) on the request of the Director, a Child Protection Worker or an

authorized person,

(i) provide the Director, Child Protection Worker or

authorized person with full information and particulars

concerning every child in its care, and

(ii) permit the Director, Child Protection Worker or authorized

person to have access to and inspect all books and records

of the child care facility or foster home dealing with the

care of the children in its care.

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Investigation respecting child care facility or foster home

64. (1) The Minister may appoint one or more persons to investigate and report to the

Minister on the management and operation of a child care facility or foster home, and

may direct the manner of conducting the investigation, where it appears to the Minister

that the management or operation of the child care facility or foster home is not in the

best interests of the children in its care.

Scope of investigation

(2) An investigation and report under subsection (1) may be in relation to matters

that have happened before or that happen after the coming into force of this Act.

"institution" defined

65. (1) In subsection (2), "institution" means an institution within the meaning of

section 44 of the Child Welfare Act, R.S.N.W.T. 1988, c.C-6, that ceased to operate as an

institution for the purposes of the former Act on or before the coming into force of this

Act, and includes any similar facility under any predecessor legislation.

Investigation respecting institutions

(2) The Minister may appoint one or more persons to investigate and report to the

Minister on the management and operation of an institution in relation to matters that

have happened before this Act comes into force, and may direct the manner of

conducting the investigation, where it appears to the Minister that the management or

operation of the institution was not in the best interests of the children in its care.

S.Nu. 2010,c.4,s.8(3).

Miscellaneous

Temporary accommodation of child

66. No child who is held or brought before a court for a hearing under this Act shall

be placed or allowed to remain with a young person or an adult prisoner in a lock-up or

police cell.

Infants under the age of one year

67. Unless authorized by the Director, no foster parent shall retain or receive for care

apart from their parents more than three infants under the age of one year for a period

exceeding 24 hours.

Obligation to support child

68. Nothing in this Act relieves any person who has an obligation to support a child

from that obligation, and the fact that support is being provided does not deprive the

Director or a Child Protection Worker of any power or right conferred on the Director or

a Child Protection Worker by this Act or the regulations.

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Liability

69. (1) The Director, assistant Directors, Child Protection Workers, authorized

persons and any other person having powers or duties under this Act or the regulations

shall not be liable for anything done or not done by him or her in good faith in the

performance of his or her duties or in the exercise of his or her powers.

Exception

(2) Subsection (1) does not apply to persons required to report under

subsection 8(1).

Confidentiality and Disclosure

Definitions

70. In sections 71, 73 and 74,

"court" means the Court of Appeal, the Nunavut Court of Justice or a justice of the peace;

(tribunal)

"record of information" means a record as defined in the Access to Information and

Protection of Privacy Act. (document)

S.N.W.T. 1998,c.34,Sch.C,s.3(5).

Confidentiality

71. (1) Any information or record of information relating to a child or his or her

parent is confidential where it is received, obtained or retained by any person

(a) under this Act or the regulations;

(b) in the exercise of his or her powers or in the performance of his or

her duties under this Act or the regulations;

(c) who operates a child care facility or foster home respecting a child

in the care of the child care facility or foster home; or

(d) who is employed by or retained on contract to provide services to a

child care facility or foster home respecting a child in the care of

the child care facility or foster home.

Prohibition on disclosure and communication of information

(2) Notwithstanding the provisions in the Access to Information and Protection of

Privacy Act allowing disclosure of personal information as defined in that Act, no person

referred to in subsection (1) shall disclose or communicate any information or record of

information described in subsection (1) to any person except

(a) where necessary or appropriate in the exercise of his or her powers

or in the performance of his or her duties under this Act or the

regulations;

(b) with the written consent of the person to whom the information or

record relates;

(c) where giving evidence in court;

(d) on the order of a court;

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S.N.W.T. 1997,c.13 50

(e) to a person appointed to conduct an investigation under section 64

or 65;

(f) to the Minister, the Director, an assistant Director, a Child

Protection Worker or an authorized person, at their request;

(g) to a peace officer, if the person believes on reasonable grounds that

(i) failure to disclose the information or record of information

is likely to cause physical or emotional harm to a person or

serious damage to property, and

(ii) the need for disclosure is urgent;

(h) where a disclosure or communication is required for the purposes

of this Act or to protect a child;

(i) where necessary for the provision of care, counselling or education

to the child;

(j) where, in the opinion of the Minister, the benefit of the release of

the information would clearly outweigh any invasion of privacy

that could result from the release; or

(k) where it is required for the purposes of this Act.

Use of information

72. Any information or record of information disclosed under subsection 71(2) shall

be used only for the purpose for which it was disclosed and shall not be disclosed further.

Offence and punishment

73. (1) Every person who contravenes subsection 71(2) or section 72 is guilty of an

offence and liable on summary conviction to a fine not exceeding $5,000, to

imprisonment for a term not exceeding six months or to both.

Exception

(2) Subsection (1) does not apply to a child who is a member of a plan of care

committee and the subject of the plan of care agreement.

Exchange of information

74. Notwithstanding sections 71 to 73, the Director may, in accordance with the

regulations, disclose information or a record of information in his or her possession

relating to any person in connection with this Act to a person who or agency that in a

province or territory performs substantially the same functions as the Director where that

information or record of information is reasonably required by that person or agency in

order to provide services to the person who is the subject of the information or to protect

a child. S.Nu. 2010,c.4,s.8(3).

Jurisdiction

Jurisdiction

75. The powers, duties and functions conferred by this Act on a court are exercisable

notwithstanding that any party to the proceedings or the child who is the subject of the

proceedings is not domiciled in Nunavut. S.Nu. 2010,c.4,s.8(3).

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Power in respect of witnesses

76. In proceedings under this Act, every court has the same power as is vested in the

Nunavut Court of Justice in civil cases

(a) to summon any person and require that person to give evidence on

oath and to produce all documents and things as may be relevant;

and

(b) to enforce the attendance of witnesses and to compel them to give

evidence and produce documents.

S.N.W.T. 1998,c.34,Sch.C,s.3(3)(b).

Where justice of the peace unable to act

77. Where a justice of the peace with whom an originating notice has been filed but

who has not heard any evidence in the matter is absent or unable to act or requests the

substitution of another justice of the peace, another justice of the peace may act in his or

her stead.

Transfer between courts

78. The court to which an application is made under this Act may order that the

proceedings be transferred to another court where, in the opinion of the court, another

court is more appropriate to determine the matters in issue.

Effect of order made outside Nunavut

79. Every order of a court made according to the laws of a province or territory

similar in nature or purpose to an order made under section 26.1, 28 or 29.5, or

subsection 38(1) has, for all purposes in Nunavut, the same effect as an order made under

section 26.1, 28 or 29.5, or subsection 38(1), as the case may be. S.Nu. 2010,c.4,s.8(3);

S.Nu. 2011,c.15,s.16.

Procedure

Application of Rules of the Nunavut Court of Justice

80. Subject to the regulations, the Rules of the Nunavut Court of Justice apply to

proceedings under this Act in any court in which they are brought except where the Rules

are inconsistent with this Act or the purposes and intent of this Act.

S.N.W.T. 1998,c.34,Sch.C,s.3(3)(c).

Originating notice

81. (1) A proceeding under this Act must be commenced by originating notice.

Notice of motion and affidavit

(2) An application in a proceeding must be made by notice of motion and

supported by affidavit evidence, new or previously made and read in the same

proceeding, as to all the facts on which it is based that do not appear from the record.

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Affidavits based on information and belief

(3) An affidavit in support of an application or a proceeding may be based on

information and belief.

Originating notice respecting apprehensions

82. (1) Where a child is apprehended and an application is made under

subsection 24(1) or paragraph 31(1)(b), a copy of the originating notice and any affidavit

to be relied on that has not already been served must be served four days before the day

named in the notice for the initial hearing of the application.

Service in other matters

(2) Where any other application is made under this Act, or in any subsequent

proceedings concerning an application under subsection 24(1) or paragraph 31(1)(b), a

copy of the originating notice or notice of motion, and any affidavit to be relied on that

has not already been served, must be served 10 days before the day named in the notice

for the hearing of the application or the return date of the motion, as the case may be.

S.Nu. 2011,c.15,s.12.

Variation of time periods

83. (1) A court may vary any time specified in or under this Act before or after the

time period has expired and may dispense with any requirement for any notice under this

Act where the court considers it to be in the best interests of the child to do so.

Time less than 10 days

(2) Where any notice is to be given or any action is to be taken under this Act in a

time period of less than 10 days, Saturdays and holidays shall be excluded in determining

the number of days. S.Nu. 2011,c.15,s.13.

Hearings

84. (1) All proceedings under this Act shall be heard by a court in private and no

persons shall be present at the hearing other than

(a) the officers of the court;

(b) the parties and their counsel; and

(c) any other person whom the court in its discretion expressly

permits.

Where child may be present

(2) A child who is the subject of the hearing and has attained the age of 12 years

may be present at the hearing unless, in the opinion of the court, it is not in the best

interests of the child to be present, in which case the court shall exclude the child from

the room in which the hearing is being held.

Exclusion of child

(3) Except where, in the opinion of the court, it is necessary for a child who is the

subject of the hearing and has not attained the age of 12 years, or another child to be

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S.N.W.T. 1997,c.13 53

present at the hearing in order to be identified or to give evidence, the court shall exclude

the child from the room in which the hearing is being held.

Place of hearing where child present

(4) Where a child is brought before a court, the court shall hold the hearing in

premises other than the ordinary Nunavut Court of Justice premises unless it is

impracticable to do so, in which case the court shall hold the hearing in the ordinary

Nunavut Court of Justice premises separate from the other business of the court.

Oral hearing

(5) A court, on hearing an application under section 24 or paragraph 31(1)(b),

may permit evidence to be given orally by telephone or by an audio-visual method

approved by the Court. S.N.W.T. 1998,c.34,Sch.C,s.3(6); S.Nu. 2011,c.15,s.14.

Adult accompanying parents or child

85. (1) At a meeting of a plan of care committee or at a hearing under this Act, the

child who is to be the subject of the plan of care agreement or is the subject of the hearing

and each parent of the child is entitled to choose and be accompanied by an adult who

may assist the child or the parent in expressing his or her views to the plan of care

committee or to the court.

Status of adult

(2) An adult referred to in subsection (1) is not a representative of or an advocate

for the child or the parent.

Counsel for child

86. (1) The court shall ensure that a child who is the subject of a hearing before the

court is represented by counsel independent of his or her parents where it appears to the

court that

(a) the interests of the child and the child's parents are in conflict; or

(b) it would be in the best interests of the child to be represented by his

or her own counsel.

Payment of fees, disbursements and expenses

(2) The court may require the parents of the child to pay the fees, disbursements

and expenses of counsel referred to in subsection (1) and shall specify in the order the

proportion or amounts of the fees, disbursements and expenses that each parent is

required to pay.

"court" defined

(3) In this section, "court" means the Nunavut Court of Justice.

S.N.W.T. 1998,c.34,Sch.C,s.3(4)(d).

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Identity of child

87. No person shall publish or make public information that has the effect of

identifying

(a) a child who is

(i) the subject of the proceedings of a plan of care committee

or a hearing under this Act, or

(ii) a witness at a hearing; or

(b) a parent or foster parent of a child referred to in paragraph (a) or a

member of that child's family or extended family.

Appeal

Appeal

88. (1) Any party to a hearing under this Act may, within 30 days after the date of an

order made under this Act, appeal the order to

(a) the Nunavut Court of Justice, where the order was made by a

justice of the peace; or

(b) the Court of Appeal, where the order was made by the Nunavut

Court of Justice.

Procedure on appeal

(2) The appeal from a justice of the peace to the Nunavut Court of Justice shall be

conducted in accordance with the procedure for appeals from tribunals set out in the

Judicature Act.

Stay of execution

(3) Execution of an order made under subsection 31(9) that is appealed under

subsection (1) shall be stayed unless, on application of the Director, the court hearing the

appeal orders otherwise in respect of the order or any provision of the order.

Procedures

(4) Sections 66, 83, 84, 85 and 87 apply, with such modifications as the

circumstances require, to an appeal.

Hearing of appeal

(5) The Nunavut Court of Justice or Court of Appeal may, on hearing an appeal

made under subsection (1), affirm, reverse or modify the order, and make any other order

that the court considers necessary and proper, including a declaration that a child needs

protection, where in the opinion of the Nunavut Court of Justice or Court of Appeal it is

in the best interests of the child to do so. S.N.W.T. 1998,c.34,Sch.C,s.3(3)(d),(7).

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S.N.W.T. 1997,c.13 55

Offence and Punishment

Prohibitions

89. No person shall

(a) induce or attempt to induce a child to abscond from a child care

facility, foster home or a person entrusted with the care of the child

under this Act;

(b) remove or attempt to remove a child unlawfully from the care,

custody, control or charge of the Director, assistant Director or a

Child Protection Worker;

(c) detain or knowingly harbour an absconding child placed in the

temporary or permanent custody of the Director;

(d) having the care, custody, control or charge of a child, abandon the

child, without having made adequate provision for the child's care

and custody, or abuse or harm the child, or procure the

abandonment, abuse or harm of the child; or

(e) omit to perform a duty imposed on him or her by or under this Act.

Offence and punishment

90. Every person who contravenes a provision of this Act for which no specific

punishment is provided is guilty of an offence and liable on summary conviction to a fine

not exceeding $10,000, to imprisonment for a term not exceeding 12 months or to both.

Regulations

Regulations

91. The Commissioner, on the recommendation of the Minister, may make

regulations

(a) for the purposes of the definition of "community" in section 1,

prescribing as a community a populated area that is a separate area,

a part of a municipality or settlement or an area that includes part

of a municipality or settlement;

(a.1) respecting the establishment of plan of care committees including

the selection of a person to sit as the member listed in

paragraph 15(2)(c) or (d);

(b) respecting the procedures by which a plan of care committee shall

conduct its meetings and exercise its powers and perform its duties

under this Act and the regulations;

(b.1) respecting the selection of a person to be invited under

subsection 15(3) or 17(3) to sit as the member listed in

paragraph 15(2)(c) or (d);

(b.2) where a person is or is to be a member of a plan of care committee

listed in paragraph 15(2)(a) and is ineligible to sit as a member

under subsection 17(1), respecting the circumstances in which the

Child and Family Services Committee or the Child Protection

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Worker, as the case may be, shall invite another person of the same

category to sit as a member;

(b.3) where a member of a plan of care committee listed in

paragraph 15(2)(a) is unable or unwilling to continue to sit as a

member, respecting the circumstances in which the Child and

Family Services Committee or the Child Protection Worker, as the

case may be, shall invite another person of the same category to sit

as a member;

(b.4) respecting the removal of a member of a plan of care committee;

(c) respecting plan of care committees;

(d) repealed, S.Nu. 2011,c.15,s.15;

(e) respecting the form of a consent to placing a child in the permanent

custody of the Director for the purpose of adoption;

(f) respecting additional powers and duties of the Director;

(g) respecting the annual report to the Minister referred to in

paragraph 51(2)(g);

(h) respecting the minimum community standards that must be

included in the community standards established by a community

corporation, as defined in section 56, that is a party to a community

agreement;

(i) respecting standards of living accommodation to be maintained by

child care facilities, foster homes and persons entrusted with the

care of a child under this Act, including different standards for

different categories of child care facilities and foster homes or to

take into account cultural differences;

(j) respecting child care facilities and foster homes;

(k) respecting the procedure for the disclosure of information by the

Director under section 74;

(l) respecting the procedure to be used in proceedings and

applications under this Act and providing that certain portions or

provisions of the Rules of the Nunavut Court of Justice do or do

not apply to these proceedings and applications; and

(m) respecting any other matter that, in the opinion of the

Commissioner, is necessary for carrying out the purposes and

provisions of this Act.

S.N.W.T. 1998,c.17,s.4(25); S.N.W.T. 1998,c.34,Sch.C,s.3(3)(e);

S.Nu. 2011,c.15,s.15.

TRANSITIONAL

Definitions

92. (1) In this section and in sections 93 to 95,

"former Act" means the Child Welfare Act, R.S.N.W.T. 1988, c.C-6; (ancienne loi)

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"Superintendent" means the Superintendent of Child Welfare appointed under the former

Act. (protecteur de l'enfance)

Interpretation Act

(2) Subject to sections 93 to 95 of this Act, sections 35 to 37 of the Interpretation

Act apply to all matters affected by the repeal of the former Act and the substitution of

this Act.

Repeal of Former Act

Transitional

93. Notwithstanding the repeal of the former Act, on the coming into force of this

section,

(a) the person whose appointment as the Superintendent of Child

Welfare or deputy Superintendent of Child Welfare under

subsection 2(1) of the former Act is in effect shall be deemed to

have been appointed as the Director of Child and Family Services

and deputy Director of Child and Family Services respectively

under subsection 51(1) of this Act;

(b) where a case has been adjourned by an order referred to in

paragraph 17(2)(a) of the former Act, a Child Protection Worker

may, on serving notice and an affidavit in support of the

application on the persons mentioned in section 25 of this Act,

bring the case again before a court under this Act;

(c) a foster home approved by the Superintendent under the former

Act, where the approval is in effect, shall be deemed to have been

approved as a foster home by the Director under subsection 62(3)

of this Act;

(d) the circumstances under which a child shall be deemed to be in

need of protection under subsection 12(2) of the former Act

continue to apply in respect of a child who has been apprehended

under that Act or in respect of whom an order has been made under

that Act, in subsequent proceedings under this Act;

(e) where a person or persons have been appointed under section 44 of

the former Act to inquire into and report on the management and

conduct of an institution and the inquiry has not been concluded or

report completed, section 44 of the former Act shall continue to

apply to that inquiry or report; and

(f) an application that has been made under subsection 49(1) of the

former Act for a writ or an order for the production of a child shall

be dealt with in accordance with section 49 of the former Act.

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Actions or Proceedings Under Former Act

Actions or proceedings under former Act

94. (1) Except as otherwise provided in this section, any action taken or proceeding

commenced under the former Act shall be continued under and in conformity with this

Act.

Child 16 to 18 years of age

(2) Subsection (1) applies even though the child in respect of whom an action has

been taken or a proceeding has been commenced has attained the age of 16 years on the

coming into force of this section, and any order made under section 28, subsection 31(9)

or 38(1) of this Act may be made to have effect until that child attains the age of 18 years

notwithstanding the definition of "child" in section 1 of this Act and the reference in

paragraph 35(1)(d) of this Act to 16 years of age shall be read as 18 years of age in

respect of that child.

Name in proceeding

(3) A proceeding that has been commenced under the former Act and is continued

by subsection (1) is continued in the name of the Director as applicant.

Youth court judge

(4) Where a matter is before a youth court judge under the former Act on the

coming into force of this section, the youth court judge shall transfer the matter to the

Nunavut Court of Justice.

Deeming provisions

(5) For the purposes of subsection (1), the following provisions apply to the last

action taken or step in a proceeding commenced under the former Act listed below before

the coming into force of this section:

(a) a petition filed under subsection 13(1) or a report made under

subsection 30(2) of the former Act shall be deemed to be a report

under subsection 8(1) of this Act;

(b) an inquiry by the Superintendent under subsection 13(3) of the

former Act shall be deemed to be an investigation under section 9

of this Act;

(c) a child who was apprehended under the former Act shall continue

to be apprehended under this Act on the basis of the grounds set

out in the former Act;

(d) a child who was apprehended under subsection 42(1) of the former

Act shall be deemed to have been apprehended under

subsection 31(3) of this Act;

(e) a child who is being treated under subsection 42(1) of the former

Act shall be deemed to be a child who is being treated under

paragraph 31(1)(b) of this Act;

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(f) service of a copy of a notice of motion under section 15 of the

former Act shall be deemed to be service of an originating notice

under section 25 of this Act;

(g) a report of the Superintendent or of a Child Welfare Worker under

section 16 of the former Act shall be deemed to be a report of a

Child Protection Worker under subsection 13(1) of this Act;

(h) a hearing under the former Act that is being held pursuant to a

proceeding commenced under subsection 14(2) or 19(1) of the

former Act shall be deemed to be a hearing under section 27 of this

Act;

(i) an application under subsection 19(1) of the former Act for an

order committing a child to the permanent care and custody of the

Superintendent shall be deemed to be an application referred to in

section 24 of this Act for an order under paragraph 28(1)(d) of this

Act;

(j) an application under paragraph 27(1)(a) of the former Act for an

order rescinding an order committing a child to the temporary care

and custody of the Superintendent shall be deemed to be an

application for an order under paragraph 28(9)(c) of this Act; and

(k) an appeal under subsection 40(1) of the former Act shall be

deemed to be an appeal under subsection 88(1) of this Act.

Where child apprehended under former Act

(5.1) Sections 14 to 23 of this Act do not apply to a child who was apprehended

under the former Act.

Exception

(6) Notwithstanding paragraph (5)(c), a child who was apprehended under the

former Act on the grounds set out in paragraph 12(2)(b) of the former Act shall be dealt

with under Part II of this Act and for that purpose, the apprehension under the former Act

ceases to have effect on the coming into force of this section and the child shall be

deemed to have been delivered by a parent of the child to a Child Protection Worker

under subsection 37(1) of this Act. S.N.W.T. 1998,c.34,Sch.C,s.3(8).

Orders Made Under Former Act

Orders made under former Act

95. (1) This section applies to an order that was made under the former Act and is in

effect on the coming into force of this section.

Deeming provision

(2) Subject to subsection (3), an order made under a provision of the former Act

referred to in Column 1 of the following Table shall be deemed to have been made under

the provision of this Act referred to in Column 2 that is opposite to it and shall be deemed

to include a declaration that the child who is the subject of the order needs protection

where subsection 27(2) is indicated in Column 2:

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TABLE

Column 1 Column 2

(former Act) (this Act)

17(1) as described in 17(2)(b) 27(2), 28(1)(b)

17(1) as described in 17(2)(c) 27(2), 28(1)(c)

17(1) as described in 17(2)(c)

on application for a further

order under 17(5)

28(9)(b)

19(2) 27(2), 28(1)(d)

25(1) 48(2)

27(2) in respect of an application

made under 27(1)(a)

28(9)(c)

36 28(8)

40(3) 88(5)

Limitation respecting access

(3) Where an order made under subsection 17(1) or 19(2) of the former Act

referred to in Column 1 of the Table in subsection (2) is deemed to be an order made

under paragraph 28(1)(c) or (d) of this Act in Column 2, subparagraphs 28(1)(c)(ii)

and (d)(ii) of this Act do not apply in any subsequent proceedings under this Act in

respect of those orders.

Child 16 to 18 years of age

(4) Where an order made under a provision of the former Act referred to in

Column 1 of the Table in subsection (2) was made to apply to a child until the child

attains the age of 16 years or more up to attaining the age of 18 years, the corresponding

order in Column 2 shall be deemed to have been made to apply to that child until the

child attains the age specified in the order in Column 1, while the order is in effect, and

any further order made under this Act in respect of that child may be made to apply until

the child attains the age of 18 years notwithstanding the definition of "child" in section 1

of this Act.

Maximum age of child

(5) Where an order made under subsection 19(2) of the former Act is deemed to

be an order under paragraph 28(1)(d) of this Act, paragraph 48(1)(a) of this Act shall, in

relation to that order, be read, "the child attains the age of 18 years;".

Temporary care and custody orders

(6) A further order made under subsection 17(1) of the former Act as described in

paragraph 17(2)(c) of the former Act on application for a further order under

subsection 17(5) of the former Act shall be deemed to be an order under

paragraph 28(9)(b) of this Act even though the result of the order under the former Act

was that the child be committed to the temporary care and custody of the Superintendent

for a continuous period exceeding 24 months but not exceeding 36 months.

Child and Family Services Act, Consolidation of Current to: 2020-02-21

S.N.W.T. 1997,c.13 61

Order for maintenance of child

(7) An order made under section 36 of the former Act shall be deemed to have

been made under subsection 28(8) of this Act even though the order under section 36 of

the former Act is in respect of an order committing a child to the permanent care and

custody of the Superintendent.

Reference to Superintendent

(8) A reference in an order made under the former Act to the Superintendent or to

a Child Welfare Worker shall be deemed to be a reference to the Director of Child and

Family Services or to a Child Protection Worker respectively for the purposes of this

section.

REPEAL

Repeal

96. (1) Subject to subsection (2), section 1 and Parts I, II and VI of the Child

Welfare Act are repealed.

Exception

(2) Section 1 and Parts I and VI of the Child Welfare Act continue to apply to

Parts III, IV and V until Parts III, IV or V are repealed by another Act.

COMING INTO FORCE

Coming into force

97. This Act or any provision of this Act comes into force on a day or days to be

fixed by order of the Commissioner.

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