Bill C-441

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First Reading

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SUMMARY
Short Title
Definitions
Office of the Commissioner for Young Persons in Canada
Mandate
Advisory councils
Investigations
Reports to Parliament
Consequential Amendments
Access to Information Act
Financial Administration Act
Privacy Act
Public Service Superannuation Act

First Session, Forty-second Parliament,

64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019

HOUSE OF COMMONS OF CANADA

BILL C-441
An Act respecting the Office of the Commissioner for Young Persons in Canada

FIRST READING, April 9, 2019

Ms. Quach

421309

SUMMARY

This enactment provides for the establishment of the Office of the Commissioner for Young Persons in Canada. It also makes consequential amendments to other Acts.

Available on the House of Commons website at the following address:

www.ourcommons.ca

1st Session, 42nd Parliament,

64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019

HOUSE OF COMMONS OF CANADA

BILL C-441

An Act respecting the Office of the Commissioner for Young Persons in Canada

Preamble

Whereas the true measure of a country is the attention that it devotes to its young persons, including to their well-being, health, security, material situation, education and socialization, and the consideration it gives to their sense of being loved, valued and included in their family and society;

Whereas Canada, by ratifying the United Nations Convention on the Rights of the Child, recognizes that every child has the right to see their best interest taken into account in any decision involving them, the right to freely express their opinion on any issue affecting them, and the right to enjoy a standard of living that allows for their physical, mental, spiritual, moral and social development;

Whereas, on November 12, 2010, Canada announced its support for the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples and, on May 10, 2016, undertook to promote and protect the rights of Indigenous peoples by reaffirming that it is a full supporter of the Declaration, without qualification;

Whereas Canada recognizes that the after-effects of the harm done to Indigenous persons who were placed in residential schools are still being felt by First Nations, Inuit and Métis children and young persons;

Whereas Canada recognizes the need to ensure that young persons, especially First Nations, Inuit and Métis young persons, are fully capable of asserting their rights;

Whereas it is important that Canada, in its nation-to-nation relationship with the First Nations, Inuit and Métis, respect their sovereignty and implement Jordan’s Principle, that is, the principle of “the child first”, in accordance with the recommendations of the Truth and Reconciliation Commission of Canada;

And whereas the Parliament of Canada recognizes that the creation of an Office of the Commissioner for Young Persons in Canada will help young persons to participate actively in fostering recognition of their rights at a national level;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Commissioner for Young Persons in Canada Act.

Definitions

2 The following definitions apply in this Act.

Commissioner means the Commissioner for Young Persons in Canada appointed under subsection 4(1). (commissaire)

Convention means the Convention on the Rights of the Child adopted on November 20, 1989, by the General Assembly of the United Nations and its optional protocols on the involvement of children in armed conflict and on the sale of children, child prostitution and pornography involving children, with their successive modifications, as well as the attendant protocols. (Convention)

Minister means the Minister of Employment and Social Development. (ministre)

young person means a person under the age of 24 years. (jeune)

Office of the Commissioner for Young Persons in Canada

Office established

3 There is established an office, to be known as the Office of the Commissioner for Young Persons in Canada.

Appointment

4 (1) The Governor in Council must appoint the Commissioner for Young Persons in Canada by commission under the Great Seal after consultation with the following persons and approval of the appointment by resolution of the Senate and House of Commons:

(a) the member of the Senate occupying the position of Leader of the Government in the Senate, the member of the Senate occupying the position of Leader of the Opposition in the Senate and the leader of every parliamentary group and recognized group in the Senate; and
(b) the leader of every recognized party in the House of Commons.

Status

(2) The Commissioner is deemed to be

(a) a person employed in the public service for the purposes of the Public Service Superannuation Act;
(b) an employee for the purposes of the Government Employees Compensation Act; and
(c) employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Tenure and term of office

(3) The Commissioner holds office during good behaviour for a term of seven years but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

Absence or incapacity

(4) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council must appoint a person to hold the office on an interim basis.

Duties

5 (1) The Commissioner must engage exclusively in the duties of the office of Commissioner under this or any other Act of Parliament and must not hold any other office or engage in any other employment for reward.

Salary and expenses

(2) The Commissioner is to be paid the salary and expenses set by the Governor in Council and is entitled to be paid travel and living expenses incurred in the performance of his or her duties while absent from his or her ordinary place of work.

Chief Executive Officer

6 The Commissioner is the Chief Executive Officer of the Office of the Commissioner for Young Persons in Canada and has the control and management of the Office and all matters connected with it.

Staff

7 (1) The employees who are necessary to carry out the activities of the Office of the Commissioner for Young Persons in Canada are to be appointed in accordance with the Public Service Employment Act.

Technical assistance

(2) The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the activities of the Office and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

Mandate

Commissioner

8 (1) The Commissioner must exercise the powers and carry out the duties and functions that are assigned to the Commissioner by this Act or any other Act of Parliament and may carry out or engage in any other related assignments or activities that may be authorized by the Governor in Council.

Mandate and powers, duties and functions

(2) The Commissioner’s mandate is to ensure respect for the rights of the young persons of Canada, particularly those who are part of a vulnerable group. The Commissioner also has the following duties and functions:

(a) to promote and oversee Canada’s effective implementation of its obligations under the Convention and of initiatives undertaken at the federal level in connection with young persons;
(b) to oversee the implementation of the programs and services that federal departments, agencies and bodies offer to young persons and to review complaints made to those departments, agencies and bodies about those programs and services;
(c) to develop and implement information programs to increase awareness of its role and activities, the state of young persons’ rights and well-being in Canada and the scope of the Convention;
(d) to develop and implement, in cooperation with First Nations, Inuit and Métis governments, programs adapted to the specific needs of Indigenous young persons in their communities;
(e) to serve as a liaison with groups defending the interests of Indigenous young persons, First Nations, Inuit and Métis governments, band councils and First Nations, Inuit and Métis educational institutions on any issue relating to the protection of Indigenous young persons’ rights and well-being;
(f) to conduct, on his or her own initiative or at the request of the Senate, the House of Commons or the Minister, studies on the Convention, the rights of young persons or the effectiveness of federal programs and services for young persons and to undertake research on the programs and services offered in other countries;
(g) to encourage, including through the media and social networks, young persons’ participation in the activities of the Office of the Commissioner for Young Persons in Canada and to consult them and youth groups when an issue or policy may affect them;
(h) to promote cooperation with the provincial authorities that work with young persons, as well as consultation with them and with organizations and service providers responsible for protecting young persons and meeting their needs, to promote the adoption of shared practices and policies; and
(i) to study the recommendations, proposals and requests that it receives concerning the rights of young persons and to formulate the necessary recommendations regarding the well-being, health, security, material situation, education and socialization of young persons.

Advisory councils

9 (1) The Commissioner must establish advisory councils composed of young persons representing the various socio-economic and cultural interests in Canada to advise him or her on the Office’s strategic directions and long-term program and on any other issue relating to his or her mandate. At least half the young persons must be under the age of 18 years.

Advisory council — Indigenous young persons

(2) The Commissioner must establish at least one advisory council composed of First Nations, Inuit and Métis young persons.

Expenses

(3) Council members are not to be remunerated for the performance of their duties, but they are entitled to travel and living expenses in the performance of their duties under this Act while absent from their ordinary place of residence.

Investigations

10 (1) The Commissioner may conduct an investigation on his or her own initiative, in response to a complaint or at the request of the Minister.

Refusal to review a complaint

(2) The Commissioner may refuse to review any complaint, or end any review of a complaint, if he or she is of the opinion that it is frivolous or vexatious or is beyond his or her jurisdiction.

Powers of the Commissioner

(3) In conducting an investigation, the Commissioner may take the measures that he or she considers appropriate, including:

(a) summoning and enforcing the appearance of any person that the Commissioner believes can provide information concerning a complaint, compelling them to give oral or written evidence on oath or solemn affirmation, and administering oaths;
(b) requiring any person to furnish any information that the Commissioner believes the person is able to furnish in relation to a complaint and to produce any document or thing that the Commissioner believes is relevant to the investigation and that may be in the possession or under the control of that person; and
(c) making copies of any document and examining any thing produced in accordance with paragraph (b).

Return of documents or things

(4) The Commissioner must return any document or thing to the person who was required to produce it under paragraph (3)‍(b) within 10 days after a request for its return is made to the Commissioner, but nothing precludes the Commissioner from again requiring its production under that paragraph.

Other matter

11 (1) The Commissioner may, on his or her own initiative or at the request of the Minister, examine any matter that is within the scope of his or her powers, duties and functions.

Powers

(2) In conducting an examination, the Commissioner may exercise the powers described in subsection 10(3).

Report — investigation

12 (1) At the conclusion of an investigation conducted under subsection 10(1), the Commissioner must prepare a report containing a summary of the matter under investigation and his or her conclusions and recommendations and send the report to the complainant or Minister, as the case may be, and to the federal department, agency or body to which the complaint relates.

Report — other matter

(2) If the examination is conducted under subsection 11(1), the Commissioner must prepare a report containing a summary of the matter under examination and his or her conclusions and recommendations and send the report to the Minister.

Reports to Parliament

Annual report

13 (1) Within three months after the end of each fiscal year, the Commissioner must prepare a report on the Office’s activities during that fiscal year that includes a summary of the complaints that he or she received and his or her evaluation of Canada’s implementation of the Convention and of the effectiveness of Canada’s youth initiatives and submit his or her recommendations.

Tabling of report

(2) The Commissioner must submit the report to the Speakers of the Senate and the House of Commons, and the Speakers must lay it before their respective Houses on any of the first 15 days on which that House is sitting after the Speaker receives the report.

Special report

14 (1) The Commissioner may, at any time, prepare a special report on any matter that is within the scope of his or her powers, duties and functions if, in his or her opinion, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for the submission of the next annual report.

Tabling of report

(2) The Commissioner must submit the special report to the Speakers of the Senate and the House of Commons, and the Speakers must lay it before their respective Houses on any of the next 15 days on which that House is sitting after the Speaker receives the report.

Disclosure prohibited

15 The Commissioner must not disclose, in his or her annual report or special report, any information that could be used to identify, even indirectly, any person involved in the investigation of a complaint.

Publication

16 The Commissioner must publish the annual report and any special report on the Web site of the Office of the Commissioner for Young Persons in Canada within 15 days after it is tabled in both Houses.

Consequential Amendments

R.‍S.‍, c. A-1