New National Children and Youth Commissioner

Summary#

This bill creates an independent Office of the Commissioner for Children and Youth in Canada. The Commissioner would promote, monitor, and report on how the federal government meets its duties under the UN Convention on the Rights of the Child. The office would have powers to review federal laws and policies, run inquiries, access federal records, and visit federal places where children or youth are held. It places special attention on First Nations, Inuit, and Métis children and youth.

• Creates a national Commissioner with a 7‑year, non‑renewable term, appointed with approval of both Houses of Parliament (Appointment; Tenure).
• Allows systemic inquiries into federal matters affecting children and youth, with power to access records and visit federal detention or residence facilities for youth (Inquiries; Access to information).
• Requires annual and special reports to Parliament and a mandatory ministerial response within 90 days (Annual report; Response).
• Directs collaboration with First Nations, Inuit, and Métis governing bodies and encourages Indigenous legal processes where relevant (Mandate; Focus).
• Establishes an independent office subject to federal access to information, privacy, language, and public service rules (Consequential Amendments, Clauses 30–36).
• Creates offences for obstructing the Commissioner or taking reprisals, with fines up to $10,000 on summary conviction (Offences and punishment).

What it means for you#

• Households and children/youth

  • You can ask the Commissioner to conduct an inquiry on issues under federal jurisdiction that affect children and youth. The Commissioner may accept or decline the request (Inquiries).
  • The Commissioner will promote accessible complaint systems for children and youth and monitor their use (Mandate (m)).
  • The Commissioner can help improve access to justice and may seek intervener or amicus curiae status in court cases affecting children’s rights (Mandate (n)).
  • The Commissioner cannot order individual remedies. They make findings and recommendations in reports (Report).
  • Annual and special reports on children’s rights will be public. The government must respond within 90 days (Annual report; Response).

• First Nations, Inuit, and Métis children, youth, and governing bodies

  • The Commissioner must collaborate with Indigenous governing bodies and include Indigenous views and values (Mandate (b)).
  • The office may help develop programs adapted to Indigenous traditions and needs and encourage Indigenous laws and processes in advocacy for Indigenous children and youth (Mandate (i), (o), (q)).
  • The Commissioner must consider appointing an Assistant Commissioner to focus on Indigenous children and youth (Focus).
  • Reviews of the Act must be done with Indigenous governing bodies and assess progress on systemic disadvantage (Review to include consultation and address First Nations, Inuit and Métis issues).

• Children and youth in federal custody or residence

  • The Commissioner may enter federal places of detention or residence for children and youth, with reasonable notice, and speak with them privately, subject to safety rules (Inquiries — powers for places of detention or residence).
  • If there is a risk of imminent harm, the Commissioner may share information with law enforcement or child protection agencies (Disclosure — harm).

• Federal workers and institutions

  • Departments and other federal institutions must give the Commissioner access to relevant records and provide information and explanations, except Cabinet confidences (Access to information; Exception).
  • It is an offence to obstruct the Commissioner or take reprisals against someone who requested or aided an inquiry (Offences).
  • The office will appear as a government institution under the Access to Information Act and the Privacy Act, and must offer services in both official languages (Consequential Amendments, Clauses 30, 31, 34, 35).

• Businesses and local/provincial governments

  • No new direct duties for private businesses are created in the bill. Data unavailable on indirect effects via federal contracts.
  • The Commissioner may collaborate with child and youth authorities across Canada to align policies and avoid conflicts in shared areas, but the bill does not impose duties on provinces or territories (Mandate (j)).

• Timing

  • The Act takes effect on a date set by the Governor in Council, but only after Parliament appropriates funds on the Governor General’s recommendation (Coming into Force).

Expenses#

Estimated net cost: Data unavailable.

• No official fiscal note identified. The Act cannot come into force until Parliament appropriates funds following a Royal Recommendation (Coming into Force (2)).
• Expected ongoing costs include:
  • Salary and expenses for the Commissioner (Salary and expenses).
  • Possible salaries for one or more Assistant Commissioners (Assistant Commissioner — Salary and expenses).
  • Staff and operating costs for the Office (Establishment; Employees).
  • Costs for inquiries, site visits, reports, and public engagement (Inquiries; Reports).
  • Compliance by federal institutions with records access, responses, and participation in inquiries (Access to information; Report).
• The Office is added to key federal administrative and compliance frameworks (Access to Information Act, Privacy Act, Official Languages Act, Financial Administration Act, Public Servants Disclosure Protection Act), which implies standard departmental operating costs (Consequential Amendments, Clauses 30–36).
• No appropriations or dollar amounts are specified in the bill text. Data unavailable.

Proponents' View#

• Creates a single, independent federal advocate to fill a national gap and give children and youth a voice in Parliament, especially those under federal jurisdiction (Purpose; Preamble).
• Improves accountability through annual and special public reports and a required government response within 90 days (Annual report; Response).
• Strengthens oversight with inquiry powers, access to federal records, and private access to detained children and youth, enabling systemic reviews and recommendations (Inquiries; Access to information).
• Centers Indigenous children and youth by requiring collaboration with Indigenous governing bodies and encouraging Indigenous legal processes, aligning with UNDRIP and TRC goals (Mandate (b), (i), (o), (q); Preamble).
• Promotes child participation by consulting youth and using media and other methods to include their views, consistent with the Convention on the Rights of the Child (Mandate (k), (l); Purpose).
• Encourages consistent standards and cooperation across jurisdictions to reduce gaps and conflicts in shared areas (Mandate (j)).

Opponents' View#

• Cost and size of the new office are not specified. Without a fiscal plan, the total price to taxpayers is unclear (Coming into Force (2)). Data unavailable.
• Risk of overlap or duplication with existing bodies (e.g., provincial child and youth advocates, the Canadian Human Rights Commission). The bill relies on collaboration but does not define boundaries in detail (Mandate (j)). Assumption: overlap depends on implementation.
• The Commissioner’s recommendations are not binding. Impact may depend on political will and departmental follow‑through (Report; Annual report).
• Privacy and operational concerns: broad access to records and power to enter federal youth facilities may increase workload for departments and raise confidentiality issues, even with safeguards (Access to information; Inquiries — powers for places of detention or residence).
• Transparency trade‑off: the Office’s own investigative records would be exempt from disclosure under the Access to Information Act, which could limit public scrutiny of case files (Consequential Amendments, Clause 30).
• Enforcement strength may be limited: the maximum $10,000 summary‑conviction fine for obstruction or reprisals may not deter larger institutions (Offences and punishment).