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S.M. 1985-86, c. 49
The Statute Law Amendment Family Law Act
(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsec. 2(3) of Family Maintenance Act am.
Subsection 2(3) of The Family Maintenance Act, being chapter 25 of the Statutes of Manitoba, 1978 (chapter F20 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is amended by striking out the words "one person" in the 3rd line thereof and substituting therefor the words "the applicant".
Subsection 11(2) of the Act is amended by striking out the words "for a period of one year or more".
Subsection 11.10(5) of the Act is amended by adding thereto, immediately after the figures "11.6" in the 2nd line thereof, the following words, figures and letter "or where there is no conflicting presumption on receipt of an acknowledgement under clause 11.9(d)".
Subsection 29(3) of the Act is amended by striking out the last 2 lines thereof and substituting therefor the following:
"a judge, a master or a deputy registrar may issue a warrant for the person to be arrested and brought before a judge or master for a hearing under section 30 or a deputy registrar for a hearing under subsection (1)".
Subsection 30(2) of the Act is amended by adding thereto, immediately after the word "may" where it appears in the 4th line thereof, the following words "proceed with the hearing in that person's absence or".
Clause 30(3)(d) of the Act is amended by adding thereto, immediately after the word "hearing" thereof, the following words "with or without conditions".
Cl. 2(a) of Fatal Accidents Act am.
Clause 2(a) of The Fatal Accidents Act, being chapter F50 of the Revised Statutes (hereinafter in this section referred to as "the Act"), is amended by striking out the words "an illegitimate child".
Section 4 of the Act is amended by adding thereto, immediately after subsection (4) thereof, the following subsections:
Where the deceased
(a) cohabited with a person continuously for a period of not less than 5 years immediately preceding death in a relationship in which that person was substantially dependent upon the deceased; or
(b) cohabited with a person continuously for a period of not less than 1 year immediately preceding death and there is a child of the union; or
(c) was paying maintenance to a person pursuant to a written agreement or a court order;
that person has the same rights as a husband or wife under this Act and shall, subject to subsection (6), be included in the action under subsection (1).
No right where agreement to the contrary.
Where the deceased and the person have agreed in writing that the person would have no right to maintenance from the deceased, the person shall not have the benefit of clause (5)(a).
Subsec. 17(1) of Marital Property Act am.
Subsection 17(1) of The Marital Property Act, being chapter 24 of the Statutes of Manitoba, 1978 (chapter M45 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is amended by striking out the words "or, at the option of the applicant and irrespective of the nature or value of the subject matter of the application, to the County Court of the district in which either spouse resides; " in the 3rd, 4th and 5th lines thereof.
Subsection 17(2) of the Act is repealed.
Subsection 19(3) of the Act is repealed and the following subsection is substituted therefor:
On making an order for one spouse to pay an amount under section 16 or on application the court, if satisfied that it is equitable under the circumstances, may order that spouse to pay interest on all or a portion of the amount at a rate fixed by the court and calculated from a date which is not earlier than the valuation date established under section 15.
Clause 2(a) of Testators Family Maintenance Act am.
Clause 2(a) of The Testators Family Maintenance Act, being chapter T50 of the Revised Statutes (hereinafter in this section referred to as "the Act"), is amended by
(a) adding the word "and" at the end of sub-clause (i);
(b) striking out the word "and" at the end of sub-clause (ii); and
(c) striking out sub-clause (iii).
Section 3 of the Act, is amended by adding thereto, immediately after subsection (5) thereof, the following subsections:
Where the testator
(a) cohabited with a person continuously for a period of not less than 5 years immediately preceding death in a relationship in which that person was substantially dependent upon the testator; or
(b) cohabited with a person continuously for a period of not less than 1 year immediately preceding death and there is a child of the union; or
(c) was paying maintenance to a person pursuant to a written agreement or a court order;
that person shall be deemed to be a dependant and shall, subject to subsection (7), be entitled to apply under subsection (1).
No right where agreement to the contrary.
Where the testator and the person have agreed in writing that the person would have no right to maintenance from the testator, the person shall not have the benefit of clause (6)(a).
This Act comes into force on the day it receives the royal assent.