CONFIDENTIAL

REQUEST FOR PRIVATE MEMBER'S BILL

Dale Received

File Number

Assigned to

TO:

Parliamentary Counsel
3rd Floor, 9820 - 107 Street
Edmonton
PLEASE PREPARE A DRAFT BILL FOR REVIEW

Date of Request: November 3, 2016

Sponsor: Mike Ellis
Proposed Title: Child, Youth and Family Enhancement Act Amendment
MLA (Caucus) Reference Number: 216
OBJECTIVES OF LEGISLATION AND HOW TO BE ACHIEVED:
Make it the lawful responsibility of adults to notify police if they are aware of a child in need of intervention
through the following amendments to the Child, Youth and Family Enhancement Act:
Current Offence Sections of the Child, Youth & Family Enhancement Act

4(1) Any person who has reasonable and probable grounds to believe that a child is in need of intervention
shall forthwith report the matter to a director.
4( 6) Any person who fails to comply with subsection ( 1) is guilty of an offence and liable to a fine of not
more than $2000 and in default of payment to imprisonment for a term of not more than 6 months.
Proposed Amendment to Offence Sections of the Child, Youth & Family Enhancement Act

Section 4(1) of the Act is repealed and replaced with the following:
4(1) Any person who has reasonable and probable grounds to believe that a child is in need of intervention
shall forthwith report the matter to police via an emergency line (911).
Section 4(6) of the Act is repealed and replaced with the following:
4( 6) Any person over 18 years of age who knew or ought to have known a child is in need of intervention
and fails to report the matter to a director or peace officer forthwith is guilty of an offence and liable to not
more than 6 months imprisonment, a fine of not more than $10,000, or both.

PREVIOUS BILL OR OTHER LEGISLATION, REPORTS, ETC. TO BE CONSIDERED:

I Child, Youth and Family Enhancement Act

Contact Person and Telephone: Terri Kemball 780.644.2520
Member's Signature (MLA Only Please)

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Section 4

CHILD, YOUTH AND FAMILY

ENHANCEMENT ACT

RSA2000
Chapter C-12

(5) No action may be brought against a person who conducts

alternative dispute resolution under this section for any act done or
omitted to be done with respect to the alternative dispute resolution
unless it is proved that the person acted maliciously and without
reasonable and probable cause.
2003 c16 s7;2004 cl6 s4

Part 1
Intervention Services
Division 1
Preliminary Matters
Reporting child in need
4(1) Any person who has reasonable and probable grounds to
believe that a child is in need of intervention shall forthwith report
the matter to a director.

(1.1) A referral received pursuant to section 35 of the Youth

Criminal Justice Act (Canada) is deemed to be a report made under
subsection ( 1).
(2) Subsection (1) applies notwithstanding that the information on
which the belief is founded is confidential and its disclosure is
prohibited under any other Act.
(3) This section does not apply to information that is privileged as
a result of a solicitor-client relationship.
(4) No action lies against a person reporting pursuant to this
section, including a person who reports information referred to in
subsection (3), unless the reporting is done maliciously or without
reasonable and probable grounds for the belief.

(5) Notwithstanding and in addition to any other penalty provided

by this Act, if a director has reasonable and probable grounds to
believe that a person has not complied with subsection (1) and that
person is registered under an Act regulating a profession or
occupation prescribed in the regulations, the director shall advise
the appropriate governing body of that profession or occupation of
the failure to comply.
(6) Any person who fails to comply with subsection (1) is guilty of
an offence and liable to a fine of not more than $2000 and in
default of payment to imprisonment for a term of not more than 6
months.
RSA 2000 cC-12 s4;2003 c16 s9

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