Family Service Act/ Manitoba

In furtherance of these principles,


HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:




1(1) In this Act


“abuse” means an act or omission by any person where the act or omission results in


(a) physical injury to the child,


(b) emotional disability of a permanent nature in the child or is likely to result in such a disability, or


(c) sexual exploitation of the child with or without the child’s consent; (« mauvais traitements »)


“agency” means a child and family services agency that is


(a) a corporation without share capital mandated under subsection 6.1(1),


(b) continued under section 6.2,


(c) a regional office, or


(d) Jewish Child and Family Service; (« office »)


“authority” means a Child and Family Services Authority established in The Child and Family Services Authorities Act; (« régie »)


“child” means a person under the age of majority; (« enfant »)


“child care facility” means a foster home, a group home, a treatment centre, or any other place designated in the regulations as a child care facility; (« établissement d’aide à l’enfant »)


“child pornography” means


(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,


(i) that shows a child engaged in, or depicted as engaged in, explicit sexual activity, or


(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ of a child or the anal region of a child,


(b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a child that would be an offence under the Criminal Code (Canada),


(c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Code (Canada), or


(d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Code (Canada); (« pornographie juvénile »)


“children’s advocate” means the Children’s Advocate appointed under subsection 8.1(1) and includes a person appointed under subsection 8.1(9) to act as the Children’s Advocate; (« protecteur des enfants »)


“common-law partner” of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)


“court” means the Court of Queen’s Bench of Manitoba (Family Division) or the Provincial Court (Family Division) in Part II, Part III other than in clauses 19(4)(a) and (a.1) and subsections 19(6) and (7), Part VI other than subsection 75(1.1), clauses 76(3)(a) and (b), 76(12)(a), 76(14)(a), and subsection 76(21), and in Part VII; and the Court of Queen’s Bench of Manitoba (Family Division) in Part V; (« Cour »)


“director” means the Director of Child and Family Services appointed under this Act; (« Directeur »)


“family” means a child’s parent, step-parent, siblings, grandparent, aunt, uncle, cousin, guardian, person in loco parentis to a child and a spouse or common-law partner of any of those persons; (« famille »)


“foster home” means a home other than the home of the parent or guardian of a child, where not more than four children who are not siblings are placed by an agency for care and supervision but not for the purposes of adoption; (« foyer nourricier »)


“General Authority” means the General Authority established under The Child and Family Services Authorities Act; (« Régie générale »)


“group home” means a home where ordinarily not fewer than five or more than eight children are placed by an agency for full time care and supervision; (« foyer de groupe »)


“guardian” means a person other than a parent of a child who has been appointed guardian of the person of the child by a court of competent jurisdiction or to whom guardianship has been surrendered under section 16; (« tuteur »)


“master” means a master as defined in The Court of Queen’s Bench Act; (« conseiller-maître »)


“minister” means the member of the executive council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)


“parent” means a biological or adoptive parent of a child and includes a person declared to be the parent of a child under Part II of The Family Maintenance Act; (« parents »)


“place of safety” means any place used for the emergency temporary care and protection of a child as may be required under this Act and includes treatment centres; (« lieu sûr »)


“prescribed” means prescribed by regulation; (« prescrit »)


“record” means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records; (« dossier »)


“regional office” means a regional office of the department of the government for which the minister is responsible; (« bureau régional »)


“registry” except in Part V, means the child abuse registry established and maintained under subsection 19.1(1); (« registre »)


“reporting entity” means an organization, agency or person designated as a reporting entity by a regulation made under clause 86(w); (« entité compétente »)


“treatment centre” means any place established or designated by the minister primarily for the care and treatment of more than 8 children and includes facilities operated by any government department for those purposes but does not include facilities for the reception and temporary detention of a child; (« centre de traitement »)


“ward” means a child of whom the director or an agency is the guardian. (« pupille »)




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