BILL 22 - An Act to Amend the Family Services Act

BILL 22

An Act to Amend the Family Services Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 10 of the Family Services Act, chapter FĖ2.2 of the Acts of New Brunswick, 1980, is amended

(a) by repealing subsection (2) and substituting the following:

10(2) No person shall, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child who is or has been the subject of the proceeding or the name of the parent of any child in relation to such proceeding, or in any other way identify the child or his or her parent.

(b) by adding after subsection (2) the following:

10(3) Notwithstanding subsection (2), a person may, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child or his or her parent or identify a child or his or her parent in another way if the person has first obtained leave of the court.

10(4) For the purposes of subsections (2) and (3), a person contributes to the publication of the name of a child or his or her parent if the person writes, edits or approves an article for the purpose of publication that contains the name of the child or his or her parent.

2 The Act is amended by adding after section 13 the following:

13.1 A personís consent or revocation of a consent or participation in or termination of an agreement under this Act is not invalid by reason only that the person is less than nineteen years of age.

3 Section 132.1 of the Act is amended

(a) by adding after subsection (2) the following:

132.1(2.1) The court may in an order under subsection (2), authorize a police officer to enter a dwelling described in the order for the purposes of subsection (2), if the court is satisfied by information on oath or solemn affirmation that the child named in the order is or will be present in the dwelling.

132.1(2.2) An authorization to enter a dwelling granted under subsection (2.1) is subject to the condition that a police officer may not enter the dwelling unless the police officer has, immediately before entering the dwelling, reasonable and probable grounds to believe that the child named in the order is present in the dwelling.

132.1(2.3) A court may, by separate application, issue an order authorizing a police officer to enter a dwelling described in the order for the purpose of taking charge of and delivering a child to the person named in the order under subsection (2) if the court is satisfied by information on oath or solemn affirmation that there are reasonable and probable grounds to believe that the child is or will be in the dwelling and that an order to locate, take charge of and deliver the child has been made under subsection (2) and that the order has not expired.

(b) by adding after subsection (5) the following:

132.1(5.1) Without limiting or restricting any power a police officer may have to enter a dwelling under this or any other Act or law, a police officer may enter a dwelling for the purpose of locating and taking charge of a child in accordance with an order under subsection (2), without an authorization from the court to enter the dwelling, if the police officer has reasonable and probable grounds to believe the child is in the dwelling but by reason of exigent circumstances it would be impracticable to obtain an order under subsection (2.3).

EXPLANATORY NOTES

Section 1

(a) The existing provision is as follows:

10(2) Any person who publishes or causes to be published the name of a child who is before the court in any proceeding under this Act, or the parent of such child in relation to such proceeding, or in any other way identifies the child or his parent in relation to a proceeding, commits an offence.

(b) The new subsection 10(3) permits publication of the name of a child or his or her parent or identification of a child or his or her parent in relation to a proceeding under the Family Services Act with leave of the court. The new subsection 10(4) describes acts that constitute contributing to the publication of the name of a child or his or her parent.

Section 2

A personís consent or revocation of consent to an agreement is not invalid because the person is under the age of nineteen years.

Section 3

(a) Judicial authorization to enter a dwelling may be provided for in an order of the court or may be applied for separately in certain circumstances.

(b) A police officer may enter a dwelling without authorization from the court in certain circumstances.