In New Brunswick, there is no formal legislation on teen dating violence. Teen dating violence is also not mentioned in the Intimate Partner Violence Intervention Act.

Teen dating violence may fall under the Child and Youth Well-Being Act and the Education Act. Other forms of relief may be available under the Employment Standards Act, the Residential Tenancies Act, and the Intimate Images Unlawful Distribution Act.

Across Canada, the only targeted and uniform protection against the acts that can comprise teen dating violence – such as physical violence, sexual violence, and stalking behaviours – is found in the Criminal Code. For youth, Criminal Code offenses are administered under the Youth Criminal Justice Act. The Youth Criminal Justice Act applies to youth ages 12-17. Since these are federal laws, they apply to New Brunswick.

What Protective Actions Can Be Taken When a Teen is Experiencing Dating Violence?

In New Brunswick, there are two types of potential orders that may be used if an individual fears for their safety: (1) emergency intervention orders and (2) peace bonds. Federally, individuals living on First Nations reserves can also apply for an emergency protection order. Each of these are described below, including likely eligibility for minors experiencing teen dating violence.

What is it?

  • An emergency intervention order is a legal order that prohibits one person or party from contacting another person.

Who is eligible?

  • Minors experiencing teen dating violence may be able to apply for an Emergency Intervention Order under New Brunswick’s Intimate Partner Violence Intervention Act.
    • This is because individuals who have experienced violence from a partner with whom they are/have been in a dating/romantic relationship can apply for an emergency intervention order.
  • The act does not specify the minimum age at which minors may be eligible to receive an Emergency Intervention Order.
  • A parent/guardian would need to apply for the Emergency Intervention Order on the minor’s behalf.

What else should I know?

  • An emergency intervention order can last up to 180 days. A parent/guardian can apply for an emergency intervention order on behalf of a minor by speaking to a police officer, victim services, transition house, second-stage housing, a domestic violence outreach worker, or a social worker from the Department of Social Development.

What is it?

  • A peace bond (also known as a Section 810 order) is an order from a criminal court that requires a person to keep the peace and be on good behaviour for a period of time (up to one year).
    • Peace bonds are issued if someone seems likely to commit a criminal offense, but the offense hasn’t actually been committed.
    • Peace bonds are not intended for emergency situations, as they can take several weeks to months to obtain (though it is possible that a temporary order can be granted in the interim).

Who is eligible?

  • Under the Criminal Code, anyone (including a minor ages 12 and up) can apply to a justice for a peace bond if they have reasonable grounds to fear that another person will cause personal injury to them or will knowingly publish, distribute, transmit, sell, or make available an intimate image of a person without their consent.
    • Peace bonds are issued if someone seems likely to commit a criminal offense, but the offense hasn’t actually been committed.
    • Peace bonds are not intended for emergency situations, as they can take several weeks to months to obtain (though it is possible that a temporary order can be granted in the interim).
    • Information on the Peace Bond may need to be served to the person that the Peace Bond is about.

What else should I know?

  • The Youth Criminal Justice Act grants Justices of the Peace the authority to make orders under the Criminal Coderegarding a young person. Therefore, it is not necessary to seek a peace bond from a criminal court when you are a minor. For information on where to find a court with Justices of the Peace in your area, connect with New Brunswick’s Department of Social Development Helpline, available 24 hours a day, 7 days a week (1-833-733-7835).
  • Individuals can begin the process of obtaining a peace bond by going to their local court. A person called the court clerk will then provide an application form for the individual to complete. In the application form, the individual can describe their concerns, including why they fear that another person may harm them, a family member, or their property. This can include concerns that someone may share an intimate image or video of them without their consent.
  • After completing the application form, the court will usually schedule a hearing, and the person the order is about will be notified of the application and provided with a summons. A summons is a formal court order requiring this person to attend court for a hearing. At the hearing, a Justice of the Peace will review the evidence and determine whether to issue a peace bond and, if so, what conditions should be included. The court clerk will then provide further details on the service of the application and next steps.
  • You can go to the police or RCMP to assist you in getting a peace bond, but this is not required. You are able to apply directly to a Justice of the Peace through a local court. You are also not required to have a lawyer, though you are allowed to have one if you want.
  • A Justice of the Peace or the court can ask the accused person to enter into a “recognizance”, which means that the accused would have to sign an order the promises that they will keep the peace and be of good behaviour for up to 12 months.
  • A copy of the peace bond is forwarded to national RCMP headquarters, and a record of the peace bond is entered into the Canadian Police Information Centre (CPIC) database. This allows police across Canada to access the information if the individual who the order is about moves to another province or territory.

What is it?

  • Emergency protection orders are issued when violence has happened, and there is a need for protection of the victim and/or their property.

Who is eligible?

What else should I know?

  • If the youth is in a marriage or common-law relationship and is living on a First Nation Reserve, then the youth can apply for an emergency protection order under this Act at a Family Court.
  • If an emergency protection order is granted, the abusive partner can be ordered to leave the family home on the Reserve for a maximum of 90 days or longer, depending on the judge’s decision.

Other Potential Rights in Cases of Teen Dating Violence

  • If a tenant (including minors), or the child of a tenant, has been the victim of domestic, sexual, or intimate partner violence (including violence experienced in a dating relationship), a tenancy agreement can be terminated prematurely with notice under the Residential Tenancies Act.
  • To obtain this relief, the tenant needs to provide notice to the landlord and a document indicating that the tenant or the child of a tenant has been a subject of domestic violence, intimate partner violence or sexual violence. The document must be one of the following:
    • An emergency intervention order under the Intimate Partner Violence Intervention Act;
    • An order from the court; or,
    • A declaration from a third party that follows a prescribed form.

  • Minors who are employed can apply for 10 days of leave (5 paid) and up to 16 weeks of unpaid leave continuously per year to seeking medical help or legal assistance for domestic, sexual, or intimate partner violence under the Employment Standards Act.
  • Domestic, sexual, or intimate partner violence leave is available for those in dating relationships. Actions of teen dating violence, including sexual violence, may be considered intimate partner violence under this Act.
  • To obtain this leave, the youth must have been employed by the same employer for more than 90 days. The youth also need to give the employer as much notice as is reasonable in the circumstances. Notice needs to include the employee’s intention to take a leave, aligned with one of the allowed purposes described in the Domestic Violence, Intimate Partner Violence, or Sexual Violence Leave Regulation.

What is it?

  • In New Brunswick, it is illegal to distribute intimate images of another without consent under the Intimate Images Unlawful Distribution Act.
    • Consent to the recording of the image or providing the image to another person does not mean there is consent to subsequent distribution of those images.

Who is eligible?

  • Anyone in New Brunswick who has had an intimate image of themselves distributed without their consent.
    • An intimate image is defined by the act as a visual recording of the person, whether or not the personal is identifiable and whether or not the image has been altered in any way.

What else should I know?

  • A minor or their parent/guardian can start a legal action if intimate images have been distributed without consent. The court can award damages and/or injunctions requiring takedown of the images. A court can also order a publication ban to keep information confidential.
    • In these cases, there is no need to prove damages.

Responsibilities of Adults who Witness or Suspect Dating Violence

  • Under the Child and Youth Well-Being Act, the following people, if they reasonably believe that a child under age 16 is in need of intervention, have a requirement to report it to the Department of Social Development.
    • Health professionals (e.g., physician, physician’s assistant, nurse, psychologist, dentist, etc.)
    • Social service professionals (e.g., social worker, social work administrator, etc.)
    • Education professionals (e.g., professor, teacher, guidance counsellor, etc.)
    • Childcare professionals (anyone who works in an early learning and childcare facility or any other location where childcare is provided)
    • Law enforcement professionals (e.g., police officer, CBSA officer, residential tenancies officer, etc.)
    • Intimate partner violence or domestic violence intervenor
    • Recreational services administrator or worker
    • Any person who by virtue of their employment or profession has a duty of care towards a child or youth
  • As it pertains to teen dating violence, this may be the case if the parent/guardian of the child is unable or unwilling to protect the child from physical harm, sexual harm, sexual exploitation, or psychological or emotional harm (or substantial risk of these harms). Reporting is also required if the child is likely to intentionally injury themselves or another person, or for children under 12 years of age, it is likely that the child has committed a criminal act.
  • If a named professional believes that a child’s guardian is unable or unwilling to protect their child from these kinds of injury or abuse, they must report this information. If you are unsure, you can connect with your local child welfare office for consultation.

  • New Brunswick’s Education Act does not specifically mention teen dating violence. However, schools should have policies and practices in place to prevent and address disrespectful behaviour or misconduct. The act defines misconduct as any behaviour exhibited by a person that is viewed by the school or school district officials as extreme and unacceptable, including, but not limited to, bullying, cyberbullying, and hazing or any other form of intimidation. This also includes misconduct that occurs outside school hours and off school property, if the behaviour affects the school environment. These prohibited behaviours may be broad enough to cover behaviours related to teen dating violence.
  • Teachers are also required to keep an accurate, written record of notable incidents of misconduct and how the incidents are handled. Teachers must keep school administrators informed concerning specific and general discipline issues.
    • If disciplinary action is taken, teachers or other school personnel must make parents/guardians aware of problems involving their child and will be encouraged to take part in developing an intervention plan, as appropriate.

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