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FederalDid not become law (session ended)43rd Parliament, 1st Session

Bill S-217 explained in plain English

An Act to establish the Office of the Commissioner for Children and Young Persons in Canada

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
43rd Parliament, 1st Session
Bill number
Bill S-217
Full title
An Act to establish the Office of the Commissioner for Children and Young Persons in Canada
Current status
Did not become law (session ended)
Latest event
At second reading in the Senate
Last updated
Jun 22, 2020

Official Parliament of Canada snapshot for 43rd Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the Senate
Latest Activity
Jun 22, 2020
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-217 proposes to establish an independent Office of the Commissioner for Children and Youth in Canada to advocate for and monitor the rights and well-being of children and youth, and to report on Canada's implementation of the UN Convention on the Rights of the Child.

What It Means

This bill proposes to establish the Office of the Commissioner for Children and Youth in Canada. This office would be an independent body led by a Commissioner appointed for a seven-year term. The Commissioner's role would be to promote, monitor, and report on the implementation of Canada's obligations under the United Nations Convention on the Rights of the Child. The Commissioner would also advocate for the rights, well-being, and views of children and youth, especially those in vulnerable groups. The bill also includes provisions for an Assistant Commissioner, outlines the Commissioner's duties, mandate, and powers, including conducting inquiries and accessing government information. It also proposes consequential amendments to several other federal acts.

What This Bill Does
  • Establishes the Office of the Commissioner for Children and Youth in Canada.
  • Appoints a Commissioner for Children and Youth in Canada.
  • Defines the mandate, duties, and powers of the Commissioner and the Office.
  • Requires the Commissioner to promote and monitor the implementation of Canada's obligations under the UN Convention on the Rights of the Child.
  • Requires the Commissioner to advocate for the rights and well-being of children and youth, particularly vulnerable groups.
  • Authorizes the Commissioner to conduct inquiries into matters affecting children and youth under federal jurisdiction.
  • Grants the Commissioner access to government information and records related to their responsibilities.
  • Requires the Commissioner to table annual and special reports to Parliament.
  • Requires the Minister responsible to respond to the Commissioner's reports.
  • Establishes an Assistant Commissioner to assist the Commissioner.
  • Includes provisions for the appointment, tenure, and removal of the Commissioner and Assistant Commissioner.
  • Prohibits the Commissioner and staff from disclosing certain information, with exceptions for legal proceedings, risk of harm, or requests from parliamentary committees.
  • Amends other federal acts to reflect the establishment of the Office and the Commissioner.
Who Is Affected
  • Children and youth in Canada
  • The Commissioner for Children and Youth in Canada
  • The Office of the Commissioner for Children and Youth in Canada
  • Federal government institutions
  • The Minister designated under the Act
  • First Nations, Inuit, and Métis governing bodies and organizations
  • Organizations and individuals with an interest in children's rights
  • The Governor in Council
  • Parliament (Senate and House of Commons)
Rights, Duties, Or Obligations
  • The Commissioner must promote, monitor, and report on Canada's obligations under the UN Convention on the Rights of the Child.
  • The Commissioner must advocate for the rights, well-being, and views of children and youth, particularly vulnerable groups.
  • The Commissioner must consider the best interests of the child in all actions concerning children.
  • Children and youth have the right to express their views in matters affecting them, with due weight given to their age and maturity.
  • Government institutions must provide the Commissioner with access to information and explanations.
  • The Minister must respond to the Commissioner's reports.
  • The Commissioner and staff have a duty of confidentiality, with specified exceptions.
  • Persons are protected from reprisal for aiding the Commissioner's work.
  • The Commissioner must consult with children and youth, including First Nations, Inuit, and Métis children and youth, during reviews of the Act.
Important Dates
  • The Act comes into force on a day to be fixed by order of the Governor in Council, subject to Parliament appropriating necessary funds.
  • A review of the Act must be conducted within five years after it comes into force, and a report made public.
  • Subsequent reviews must be conducted and reported on every five years after the previous report.
  • The Minister must inform the public of the date a review is to begin.
  • The Commissioner must prepare an annual report within three months after the end of each calendar year.
  • The Minister must provide a written response to annual or special reports within 90 days of their submission to Parliament.
  • The Commissioner's term of office is seven years.
  • An Assistant Commissioner's term of office is not to exceed five years.
Financial Or Tax Impacts
  • The Commissioner is to be paid a salary and expenses set by the Governor in Council.
  • An Assistant Commissioner is entitled to a salary fixed by the Governor in Council and reasonable travel and living expenses.
  • The Act cannot come into force unless funds for its purposes have been recommended by the Governor General and appropriated by Parliament.
Enforcement Or Penalties
  • Obstructing the Commissioner or their staff in their duties is an offence, punishable by a fine of $10,000 on summary conviction.
  • Taking or threatening reprisal action against someone for assisting the Commissioner is an offence, punishable by a fine of $10,000 on summary conviction.
  • Disclosure of information contrary to confidentiality provisions may be subject to penalties, though specific penalties are not detailed in the provided text.
Uncertainties Or Limits
  • The specific day the Act comes into force will be determined by an order of the Governor in Council.
  • The identity of the 'Minister' referred to in the Act will be determined by designation through an order in council.
  • The criteria for recommending an appointment for Commissioner are to be established by the Minister, but these criteria are not detailed in the bill text.
  • The exact nature of 'government institution' under the Act is defined by reference to other Acts, such as the Financial Administration Act and its schedules.
  • The bill does not specify the maximum number of Assistant Commissioners that may be appointed.
  • While the bill allows the Commissioner to seek intervener or amicus curiae status, it does not guarantee this status will be granted.
  • The bill states that the Commissioner has the powers of a commissioner under Part II of the Inquiries Act but does not detail all such powers or their limitations.
  • Disclosure of information by the Commissioner is permitted under certain circumstances, but the precise conditions and limits of this disclosure are outlined in specific subsections and may require further interpretation.
  • The bill amends various Acts, but the full scope of these amendments might depend on the precise wording and interpretation of the cited sections of those other Acts.
Laws Or Regulations Affected
Access to Information Act
amends

Adds the Commissioner for Children and Youth in Canada to a list of entities whose records related to investigations, examinations, or audits must be refused if requested under Part I of the Act. This means information held by the Commissioner in these circumstances would be protected from disclosure under the Access to Information Act.

Source: Section 30

Schedule I to the Act (likely referring to the Financial Administration Act, based on context)
amends

Adds the Office of the Commissioner for Children and Youth in Canada to the list of 'OTHER GOVERNMENT INSTITUTIONS'.

Source: Section 31

Financial Administration Act
amends

Adds the Office of the Commissioner for Children and Youth in Canada to Schedule I.1 of the Act, which lists federal public administration divisions and branches. It also specifies the Minister of Justice as being corresponding.

Source: Section 32

Schedule IV to the Act (likely referring to a statute not fully specified in the provided text)
amends

Adds the Office of the Commissioner for Children and Youth in Canada to Schedule IV of the Act.

Source: Section 33

Privacy Act
amends

Adds the Office of the Commissioner for Children and Youth in Canada to the schedule of the Act under 'OTHER GOVERNMENT INSTITUTIONS', likely affecting how personal information is handled by the office.

Source: Section 34

Official Languages Act
amends

Adds the Office of the Commissioner for Children and Youth in Canada to a list of offices in relation to which certain duties under the Official Languages Act apply, likely concerning the provision of services in both official languages.

Source: Section 35

Public Servants Disclosure Protection Act
amends

Adds the Office of the Commissioner for Children and Youth in Canada to Schedule 2 of the Act, which likely identifies organizations where public servants can raise concerns about wrongdoing.

Source: Section 36

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Jun 16, 2020
Completed

Bill S-217, aimed at establishing the Office of the Commissioner for Children and Young Persons in Canada, completed its First Reading in the Senate on June 16, 2020, and proceeded to Second Reading by June 22, 2020.

Introduction and first reading, Jun 16, 2020
End of stage activity, Jun 16, 2020
Chamber sittings
Introduction and first reading - Jun 16, 2020

The Senate began its sitting on June 16, 2020, by addressing a question of privilege regarding participation in proceedings due to COVID-19, adopting a motion to allow flexible seating, and hearing Senators' Statements before moving to Routine Proceedings, Question Period, and continuing debates on various matters.

Step 2
Second reading
Jun 22, 2020
Not completed

The Senate began debating Bill S-217, which aims to establish an Office of the Commissioner for Children and Young Persons in Canada, during its second reading on June 22, 2020.

Chamber sittings
Debate at second reading - Jun 22, 2020

On June 22, 2020, the Senate held a sitting that included procedural business, Question Period on various national and international issues, and debate on several bills, including the adjournment of the second reading debate for Bill S-217, an act to establish the Office of the Commissioner for Children and Young Persons in Canada.

The Senate's June 22, 2020 sitting included routine proceedings, question period on international and domestic issues, and the adjournment of debate on Bill S-217 at second reading, following the sponsor's speech.

Step 3
Third reading
Not reached yet
Not reached

Bill S-217, concerning the establishment of a Commissioner for Children and Young Persons, has not yet reached third reading in the Senate, with its latest activity being second reading debate.

Step 1
First reading
Not reached yet
Not reached

Bill S-217, an act to establish the Office of the Commissioner for Children and Young Persons in Canada, had its First Reading in the House of Commons on June 16, 2020, a procedural step that has not yet been reached, while the bill is currently at second reading in the Senate.

Step 2
Second reading
Not reached yet
Not reached

Bill S-217, which seeks to create the Office of the Commissioner for Children and Young Persons in Canada, has not yet proceeded to second reading in the House of Commons, though it has undergone debate at second reading in the Senate.

Step 3
Consideration in committee
Not reached yet
Not reached

This record shows that Bill S-217 has a pending procedural stage in the House of Commons ('Consideration in committee') that has not yet been reached, while the bill is currently undergoing second reading in the Senate.

Step 4
Report stage
Not reached yet
Not reached

Bill S-217, concerning the establishment of a Commissioner for Children and Young Persons, has reached the Report stage in the House of Commons but has not yet proceeded, with its latest activity being a second reading debate in the Senate.

Step 5
Third reading
Not reached yet
Not reached

Bill S-217, intended to create the Office of the Commissioner for Children and Young Persons in Canada, has not yet progressed to the third reading in the House of Commons and is currently at the second reading stage in the Senate.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Rosemary Moodie
Senator | Independent Senators Group (ISG) | Ontario
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced