P-34.1 - Youth Protection Act

Section 131.20 Disposition versions

2022-04-26

131.20. In order to better adapt the application of this Act to Indigenous realities, the Government is authorized, subject to the applicable legislative provisions, to enter into an agreement with an Indigenous nation represented by all the band councils or the councils of northern villages of the communities making up that nation, with the Makivik Corporation, with the Cree Nation Government, with an Indigenous community represented by its band council or by the council of a northern village, with a group of communities so represented or, in the absence of such councils, with any other Indigenous group, for the establishment of a special youth protection program applicable to any child whose security or development is or may be considered to be in danger within the meaning of this Act.

The program established by such an agreement must comply with the provisions of Chapter II and of Division I of Chapter V.1 of this Act and is subject to the provisions of Division I of Chapter III thereof. In particular, the powers provided for in section 26 may be exercised with respect to the record relating to the case of a child to whom such an agreement applies.

The agreement shall specify the persons to whom it applies and define the territory in which the services are to be organized and provided. It shall identify the persons or authorities that will be entrusted with exercising, with full authority and independence, all or part of the responsibilities assigned to the director, and may provide, as regards the exercise of the entrusted responsibilities, procedures different from those provided for in this Act. The agreement shall contain provisions determining the manner in which a situation is to be taken in charge by the youth protection system provided for in this Act.

The agreement shall also provide measures to evaluate its implementation, and specify the cases, conditions and circumstances in which the provisions of the agreement cease to have effect.

To the extent that they comply with the provisions of this section, the provisions of an agreement shall have precedence over any inconsistent provision of this Act and, as regards the organization and provision of services, of the Act respecting health services and social services (chapter S-4.2) or of the Act respecting health services and social services for Cree Native persons (chapter S-5).

The Nunavik Regional Board of Health and Social Services governed by the Act respecting health services and social services must be a party to the agreement entered into with the Makivik Corporation.

The Cree Board of Health and Social Services of James Bay covered by the Act respecting health services and social services for Cree Native persons must be a party to the agreement entered into with the Cree Nation Government.

Any agreement entered into under this section shall be tabled in the National Assembly within 15 days of being signed, or, if the Assembly is not sitting, within 15 days of resumption. It shall also be published in the Gazette officielle du Québec.

2022, c. 11, s. 60.