Section 21 Subsection (3)
Strike out subsection 21(3) and substitute the following:
21(3) The Advocate does not have a right to the following information or documents:
(a) information or documents protected by a claim of solicitor-client privilege; and
(b) information or documents certified by the Attorney General as disclosing the following:
(i) the deliberations of the Executive Council; or
(ii) the proceedings of the Executive Council or a committee of the Executive Council.
Add after subsection 21(3) the following:
21(4) Subject to subsection (3), a rule of law that authorizes or requires the following does not apply to an investigation or review by the Advocate:
(a) the withholding of a document, paper or thing on the ground that disclosure of the document, paper or thing would be injurious to the public interest; or
(b) the refusal to answer a question on the ground that answering the question would be injurious to the public interest.
Strike out subsection 22(4) and substitute the following:
22(4) The Advocate, employees of the Office of the Child and Youth Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
( c ) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by section 91 of the Family Services Act;
(e) information protected from disclosure by section 16.1 or 17 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of a child, youth or other person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Advocate does not have a right of access to under section 21.