15 (1)  The functions of the Advocate are to, (a) provide advocacy to children and youth who are seeking or receiving services that are provided or funded under the Child, Youth and Family Services Act, 2017 or provided under the authority of a licence issued under that Act; (b)  Repealed:  2009, c. 2, s. 29 (1). (c) promote the rights under Part II of the Child, Youth and Family Services Act, 2017 of children in care; (d) provide advocacy in accordance with clause 16 (1) (k) to children who are pupils of schools established or continued under section 13 of the Education Act; (e) provide advocacy in accordance with clause 16 (1) (l) to children and youth with respect to matters that arise while held in court holding cells and being transported to and from court holding cells; and (f) provide any other advocacy that is permitted under the regulations or any other Act.  2007, c. 9, s. 15; 2009, c. 2, s. 29; 2017, c. 14, Sched. 4, s. 31 (5); 2017, c. 34, Sched. 12, s. 13 (1). Same, investigative function (2) In addition to the functions set out in subsection (1), the Advocate has the function of  investigating any matter that comes to his or her attention from any source or on the Advocate’s own initiative concerning a child or group of children, including a systemic investigation, with respect to, (a) a children’s aid society service; or (b) a service provided by a residential licensee where a children’s aid society is the placing agency. 2014, c. 13, Sched. 10, s. 7. Application to Divisional Court to determine jurisdiction (3) If any question arises whether the Advocate has jurisdiction to investigate any matter under this Act, the Advocate may, if he or she thinks fit, apply to the Divisional Court for a declaratory order determining the question. 2014, c. 13, Sched. 10, s. 7. Paramount purpose and principles (4) In carrying out the functions of the Advocate under this section, the Advocate shall have regard to, (a) the paramount purpose of the Child, Youth and Family Services Act, 2017, to promote the best interests, protection and well-being of children; and (b) the principles expressed in the United Nations Convention on the Rights of the Child. 2014, c. 13, Sched. 10, s. 7; 2017, c. 14, Sched. 4, s. 31 (6). Note: On the earlier of May 1, 2019 and a day to be named by proclamation of the Lieutenant Governor, section 15 of the Act is amended by adding the following subsections: (See: 2018, c. 17, Sched. 34, s. 3) Restriction on advocacy and investigations (5) Despite subsections (1) and (2), beginning on the day section 7 of Schedule 28 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force, the Advocate shall not, (a) provide advocacy to or promote the rights of a child or youth, including conducting systemic reviews, unless the purpose of the advocacy or the promotion of the child or youth’s rights is to resolve a particular matter that was brought to the attention of the Advocate before that day; or (b) commence a new investigation under subsection (2). 2018, c. 17, Sched. 34, s. 3. Resolution of ongoing matters (6) The Advocate shall take all necessary steps to resolve, as expeditiously as possible, any matter in respect of which the Advocate is providing advocacy to or promoting the rights of a child or youth, including systemic reviews, or that the Advocate is investigating. 2018, c. 17, Sched. 34, s. 3. Transfer of records, matters (7) The Advocate shall ensure that, before the day section 5 of Schedule 34 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force, (a) all records in the possession of the Advocate that were collected by the Advocate in the exercise of his or her functions under subsections (1) and (2), including records containing personal information, are transferred to the Ombudsman; (b) any ongoing matter is referred to the Ombudsman if, (i) it is not likely to be resolved as of that day, and (ii) the Ombudsman is able to perform a function under subsection 14 (1.1) or (1.3) of the Ombudsman Act that relates to its subject-matter; (c) any children or young persons who are affected by a matter that has been referred to the Ombudsman under clause (b) are informed of the referral; and (d) with respect to any ongoing matter that is not referred to the Ombudsman under clause (b), the affected children and youth are advised of, (i) the fact that, as of that day, the Advocate will no longer be able to perform the function the Advocate has been performing in respect of the matter, (ii) any steps that have been taken by the Advocate with respect to the matter, and (iii) where further support can be obtained, if applicable, and what further steps, if any, can be taken with respect to the matter. 2018, c. 17, Sched. 34, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 2, s. 29 (1, 2)
- 01/04/2009 2014, c. 13, Sched. 10, s. 7 - 01/03/2016 2017, c. 14, Sched. 4, s. 31 (5, 6) - 30/04/2018; 2017, c. 34, Sched. 12, s. 13 (1) - 14/12/2017 2018, c. 17, Sched. 34, s. 3 - not in force