Today, the province’s new Adult Protection Act, 2021 comes into effect. The purpose of this legislation is to protect adults 18 years of age and older in Newfoundland and Labrador who are at risk of abuse, neglect and/or self-neglect, and who do not understand or appreciate that risk.
The new Adult Protection Act, 2021:
- strengthens the rights of adults involved in the adult protection process by implementing timelines on temporary orders (provision, which did not exist previously), legislating timelines on investigations (30 days) and enshrining the right to retain and instruct counsel in the Act;
- allows for temporary orders, which will ensure adults are protected while under investigation or awaiting a declaration hearing;
- adds consideration of culture in the Act’s service principles, which outline how the Act is to be interpreted and administered; and
- strengthens the concept of decision-specific capacity and providing the authority to develop regulations for the assessment of capacity.
Updates to the Adult Protection Act, 2021 are a result of the legislated five-year statutory review of the Act and feedback gathered from key stakeholders including Regional Health Authority staff and management, police, the Office of the Seniors’ Advocate, the Coalition for Persons with Disabilities, as well as community organizations and the public. The Act is operationalized through the four Regional Health Authorities, and the Department of Children, Seniors and Social Development has overall responsibility for the administration of the Act.
The Act, which received Royal Assent on November 4, 2021, can be found on the House of Assembly website.
For more information on the adult protection process, please visit the department’s website.
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“I am pleased that the new Adult Protection Act, 2021, is now law. As a government, we recognize the importance of ensuring the safety and well-being of those in neglectful or abusive situations. I would like to thank everyone who participated in the engagement process that informed the review of this important legislation. As well, I would like to remind all Newfoundlanders and Labradorians of their duty to report adult abuse and neglect. If you suspect that an adult is being abused or neglected, please call toll-free 1-855-376-4957 or contact your local police.”
Honourable John G. Abbott
Minister of Children, Seniors and Social Development
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Learn more
How to Report Abuse or Neglect of Adults
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