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P-34.1 - Youth Protection Act

Section 47
Disposition versions

Full text
47. If the director proposes to extend the immediate protective measures and a child 14 years of age or over or the child’s parents object, or if an order of the tribunal on the applicable measures is enforceable, the director must refer the matter to the tribunal, which, if it considers it necessary, orders the extension of the immediate protective measures for not more than five working days. If there is no such objection or no such order, the director may also refer the matter to the tribunal, which orders such an extension if it considers it necessary.
The clerk may exercise the power conferred on the tribunal in the first paragraph if the judge is absent or unable to act and if a delay could cause serious harm to the child.
If the 48-hour period ends on a Saturday or a holiday, the judge and the clerk are absent or unable to act and the interruption of immediate protective measures could cause serious harm to the child, the director may extend the period until the following working day without an order.
1977, c. 20, s. 47; 1979, c. 42, s. 12; 1984, c. 4, s. 23; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1999, c. 40, s. 226; 2006, c. 34, s. 23; I.N. 2016-01-01 (NCCP); 2017, c. 18, s. 23.
47. If the director proposes that immediate protective measures be extended and a child 14 years of age or over or the child’s parents object, the director must submit the case to the tribunal to obtain an order attesting that the extension is necessary. Such an order may be issued by the clerk if the judge is absent or unable to act and if a delay could cause serious harm to the child. The decision of the tribunal or the clerk may not have effect for more than five working days.
If the 48-hour period ends on a Saturday or a holiday, the judge and the clerk are absent or unable to act and the interruption of immediate protective measures could cause serious harm to the child, the director may extend the period until the following working day without an order.
1977, c. 20, s. 47; 1979, c. 42, s. 12; 1984, c. 4, s. 23; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1999, c. 40, s. 226; 2006, c. 34, s. 23; I.N. 2016-01-01 (NCCP).
47. If the director proposes that immediate protective measures be extended and a child 14 years of age or over or the child’s parents object, the director must submit the case to the tribunal to obtain an order attesting that the extension is necessary. Such an order may be issued by the clerk if the judge is absent or unable to act and if a delay could cause serious harm to the child. The decision of the tribunal or the clerk may not have effect for more than five working days.
If the 48-hour period ends on a Saturday or a non-juridical day, the judge and the clerk are absent or unable to act and the interruption of immediate protective measures could cause serious harm to the child, the director may extend the period until the following juridical day without an order.
1977, c. 20, s. 47; 1979, c. 42, s. 12; 1984, c. 4, s. 23; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1999, c. 40, s. 226; 2006, c. 34, s. 23.
47. The child must be consulted about the application of urgent measures; his parents must also be consulted whenever possible.
Where the parents or the child object to the application of urgent measures, the director may compel their consent. However, the director must submit the case to the tribunal with the least possible delay. The director shall never apply urgent measures for more than 24 hours without an order of the tribunal attesting to their necessity. Such order may be rendered by the clerk when the judge is absent or unable to act and a delay might cause serious harm to the child. The decision of the tribunal or of the clerk shall have effect for not more than five working days.
When the 24-hour period ends on a Saturday or on a non-juridical day, and the judge and the clerk are absent or unable to act and the interruption is likely to cause serious harm to the child, the director may, without an order, prolong the application of urgent measures, which shall then terminate on the next following juridical day.
1977, c. 20, s. 47; 1979, c. 42, s. 12; 1984, c. 4, s. 23; 1988, c. 21, s. 119; 1989, c. 53, s. 11; 1999, c. 40, s. 226.
47. The child must be consulted about the application of urgent measures; his parents must also be consulted whenever possible.
Where the parents or the child object to the application of urgent measures, the director may compel their consent. However, the director must submit the case to the tribunal with the least possible delay. The director shall never apply urgent measures for more than 24 hours without an order of the tribunal attesting to their necessity. Such order may be rendered by the clerk when the judge is absent or unable to act and a delay might cause serious damage to the child. The decision of the tribunal or of the clerk shall have effect for not more than five working days.
When the 24-hour period ends on a Saturday or on a non-juridical day, and the judge and the clerk are absent or unable to act and the interruption is likely to cause serious damage to the child, the director may, without an order, prolong the application of urgent measures, which shall then terminate on the next following juridical day.
1977, c. 20, s. 47; 1979, c. 42, s. 12; 1984, c. 4, s. 23; 1988, c. 21, s. 119; 1989, c. 53, s. 11.
47. The child must be consulted about the application of urgent measures; his parents must also be consulted whenever possible.
Where the parents or the child object to the application of urgent measures, the director may compel their consent. However, the director must submit the case to the Court of Québec with the least possible delay. The director shall never apply urgent measures for more than twenty-four hours without an order of the Court of Québec attesting to their necessity. Such order may be rendered by the clerk when the judge is absent or unable to act and a delay might cause serious damage to the child. The decision of the Court of Québec or of the clerk shall have effect for not more than five working days.
When the twenty-four hour period ends on a Saturday or on a non-juridical day, and the judge and the clerk are absent or unable to act and the interruption is likely to cause serious damage to the child, the director may, without an order, prolong the application of urgent measures, which shall then terminate on the next following juridical day.
1977, c. 20, s. 47; 1979, c. 42, s. 12; 1984, c. 4, s. 23; 1988, c. 21, s. 119.
47. The child must be consulted about the application of urgent measures; his parents must also be consulted whenever possible.
Where the parents or the child object to the application of urgent measures, the director may compel their consent. However, the director must submit the case to the Court with the least possible delay. The director shall never apply urgent measures for more than twenty-four hours without an order of the Court attesting to their necessity. Such order may be rendered by the clerk when the judge is absent or unable to act and a delay might cause serious damage to the child. The decision of the Court or of the clerk shall have effect for not more than five working days.
When the twenty-four hour period ends on a Saturday or on a non-juridical day, and the judge and the clerk are absent or unable to act and the interruption is likely to cause serious damage to the child, the director may, without an order, prolong the application of urgent measures, which shall then terminate on the next following juridical day.
1977, c. 20, s. 47; 1979, c. 42, s. 12; 1984, c. 4, s. 23.
47. The child must be consulted about the application of urgent measures; his parents must also be consulted whenever possible.
Where the parents or the child object to the application of urgent measures, the director may compel their consent. However, the director must submit the case to the Court with the least possible delay. The director shall never apply urgent measures for more than twenty-four hours without an order of the Court to that effect. Such order may be rendered by the clerk when the judge is absent or unable to act and a delay might cause serious damage to the child. The decision of the Court or of the clerk shall have effect for not more than five working days.
When the twenty-four hour period ends on a Saturday or on a non-juridical day, and the judge and the clerk are absent or unable to act and the interruption is likely to cause serious damage to the child, the director may, without an order, prolong the application of urgent measures, which shall then terminate on the next following juridical day.
1977, c. 20, s. 47; 1979, c. 42, s. 12.
47. The child must be consulted about the application of urgent measures; his parents must also be consulted whenever possible.
Where the parents or the child object to the application of urgent measures, the director may compel their consent. However, the director must submit the case to the Court with the least possible delay. The director shall never apply urgent measures for more than twenty-four hours without an order of the Court to that effect. Such order may be rendered by the clerk when the judge is absent or unable to act and a delay might cause serious damage to the child. The decision of the Court or of the clerk shall have effect for not more than five working days.
1977, c. 20, s. 47.
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