BILL NO. 76
5th Session, 61st General Assembly
62 Elizabeth II, 2013
Adult Protection Act
The Honourable David A. Wilson
Minister of Health and Wellness
First Reading: May 2, 2013
Second Reading: May 6, 2013
Third Reading: May 9, 2013 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Clause 1 adds definitions of "abuse", "financial abuse", "record" and "substitute decision-maker" to the Adult Protection Act and amends the definition of "adult in need of protection".Clause 2 amends the Act to make it gender-neutral. Clause 3 allows but does not require the reporting of information that an adult is in need of protection by reason only of being the victim of financial abuse. Clause 4 amends the Act to make it gender-neutral.
Clause 5 allows the Minister to assist an adult in need of protection by referring the adult to services if the adult or the adult's substitute decision-maker is willing to accept the assistance and adds gender-neutral language.Clause 6 allows the Minister to apply for an order for entry for the purpose of making an assessment if the substitute decision-maker of a person being assessed under the Act interferes with or obstructs the assessment. Clause 7 (a) modernizes the wording of the Act;
Clause 9 provides for forensic accounting orders, entry and inspection powers, search warrants and property freezing orders.
Clause 10 amends the Act to make it gender-neutral.
(a) allows the Minister to obtain information, make records and disclose information and records to a peace officer; and
Clause 12 requires peace officers to give assistance to the Minister in the performance of the Minister's duties under the Act.Clause 13 allows the Minister to refer the results of an investigation of an allegation of financial abuse to a police agency for a determination of whether a charge should be laid. Clause 14 provides that it is not an offence to fail to report that an adult is in need of protection if the adult is in need of protection by reason only of being the victim of financial abuse. Clause 15 adds regulation-making powers to the Act. Clause 16 provides that this Act comes into force upon proclamation.
1 Section 3 of Chapter 2 of the Revised Statutes, 1989, the Adult Protection Act, is amended by
(a) relettering clause (a) as (aa) and adding immediately before that clause the following clause:
(b) striking out clause (b) and substituting the following clause:
(ii) is not receiving adequate care and attention, is incapable of caring adequately for himself or herself by reason of permanent physical incapacity or permanent mental incapacity and refuses or is unable to provide for his or her adequate care and attention;
(c) adding immediately after clause (d) the following clause:
(db) "financial abuse" means the misappropriation or improper or illegal conversion of all or part of a person's estate;
(d) striking out the period at the end of clause (f); and
(e) adding immediately after clause (f) the following clauses:
(h) "substitute decision-maker" means a person who is legally authorized to act on behalf of an adult, including under the Incompetent Persons Act, the Personal Directives Act or the Powers of Attorney Act.
2 Subsection 4(2) of Chapter 2 is amended by
(a) striking out "he" in the third line and substituting "the person"; and
(b) striking out "his" in the fourth line and substituting "the person's".
3 (1) Section 5 of Chapter 2 is amended by adding immediately after subsection (1) the following subsections:
(1B) Every person who has information, whether or not it is confidential or privileged, indicating that an adult is in need of protection by reason only of being the victim of financial abuse may report that information to the Minister.
(2) Subsection 5(2) of Chapter 2 is amended by adding "or (1B)" immediately after "(1)" in the second line.
4 Section 6 of Chapter 2 is amended by striking out "he" in the second, in the fifth and in the eighth lines and substituting in each case "the Minister".
5 Section 7 of Chapter 2 is amended by
(a) adding "or the person's substitute decision-maker" immediately after "person" the second time it appears in the third line;
(b) striking out "in obtaining" in the fourth line and substituting "by referring the person to"; and
(c) adding "or herself" immediately after "himself" in the sixth line.
6 Subsection 8(2) of Chapter 2 is amended by striking out "a member of the family of the adult" in the second and third lines and substituting "the person's substitute decision-maker".
7 (1) Subsection 9(1) of Chapter 2 is amended by striking out "he" in the fourth line and substituting "the Minister".
(2) Subsection 9(3) of Chapter 2 is repealed and the following subsections substituted:
(a) an order authorizing the Minister to refer the adult in need of protection to services, including placement in a facility approved by the Minister, that will enhance the ability of the adult to care and fend adequately for himself or herself or that will protect the adult from abuse or neglect;
(b) a protective intervention order directed to any person who, in the opinion of the court, is a source of danger to the adult in need of protection
(ii) prohibiting or limiting that person from contact or association with the adult in need of protection,
(iii) requiring that person to pay maintenance for the adult in need of protection in the same manner and to the same extent as that person could be required to pay pursuant to the Maintenance and Custody Act;
(c) a temporary custody order appointing a person to be temporary guardian for one or both of the adult in need of protection or that adult's estate for no more than thirty days, renewable upon application to the court, for the purpose of supervising the protection of the adult, managing the adult's protection needs or both;
(d) a supervision order directed to the substitute decision-maker of or any person having care or control of the adult in need of protection, which order may include terms and conditions related to the adult's residence or estate.
(3A) An order made under clause (c) or (d) of subsection (3) may contain terms and conditions that apply to the person with whom the adult is placed, but must not contain terms and conditions that apply to the Minister, the Co-ordinator or Adult Protection Services personnel acting on behalf of the Minister or the Co-ordinator.
8 Subsection 10(1) of Chapter 2 is amended by
9 Chapter 2 is further amended by adding immediately after Section 10 the following Sections:
(2) The Minister shall give at least ten days' notice of the application in the prescribed form to the person in respect of whom the application is made or another person who has custody or control of that person or that person's property.
(3) Where the court is satisfied, upon the hearing of the application, that there are reasonable and probable grounds to believe that a person is sixty-five years of age or more, has a permanent mental incapacity and is a victim of financial abuse, the court may order that an audit of the financial records of the person and of any person who it is alleged may have subjected the person to financial abuse be conducted by a chartered accountant or any other person the Minister considers advisable and that the accountant or other person issue a report of findings to the Minister within thirty days of completion of the audit.
10B (1) The Minister may conduct an investigation with respect to an allegation that a person is sixty-five years of age or more, has a permanent mental incapacity and is the victim of financial abuse.
10C (1) Where the Minister, pursuant to Section 10B, requires entry to premises and the owner or occupant of the premises refuses or neglects to permit investigation, the Minister may apply ex parte to a justice for an order authorizing a person named in the order to
(2) A justice may issue an order authorizing the Minister and any other person named in the warrant to enter and inspect premises, including a dwelling, and to take possession of any record if the justice is satisfied on oath of the Minister that there are reasonable grounds to believe that
10D (1) The Minister may apply to the court for a property-freezing order if the Minister believes the order is advisable for the protection of a person who it is alleged is sixty-five years of age or more, has a permanent mental incapacity and is the victim of financial abuse.
(ii) not dispose of the person's property or otherwise deal with the person's property in a way that reduces the value of the property, whether the property is acquired by the person before, on or after the date of the order;
(b) a person to whom the order is directed hold property in trust, if the person has, in the Province, on deposit, under control or for safekeeping any property of the person who is a victim of financial abuse;
(d) a lessor, to whom the order is directed, of safety deposit boxes, safes or compartments in safes, not permit the opening or removal of a safety deposit box, safe or compartment in a safe leased to the person who is a victim of financial abuse; and
11 Chapter 2 is further amended by adding immediately after Section 14 the following Sections:
(d) make and maintain written, recorded or videotaped records of any information received under clause (a), (b) or (c) or of the occurrence of activities that are the subject-matter of the investigation; or
(e) in the Minister's discretion, disclose information obtained under clause (a), (b) or (c), and records made under clause (d), to a person, court, tribunal, government department, government agency, local government body or law enforcement agency.
the person or public body shall provide the information, if the person or public body has custody, possession or control of the information, and give the Minister a copy of the record in which the information is contained, if applicable.
(3) The Minister may disclose information obtained under clause (a), (b) or (c) of subsection (1), or records made under clause (d) of subsection (1), to a person or peace officer to assist in the resolution of the investigation.
12 Section 15 of Chapter 2 is amended by
14 Section 16 of Chapter 2 is amended by adding immediately after subsection (1) the following subsection:
15 Subsection 19(1) of Chapter 2 is amended by
16 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
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