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The Family Maintenance Amendment Act

S.M. 1991-92, c. 29

Bill 52, 2nd Session, 35th Legislature

The Family Maintenance Amendment Act

(Assented to July 26, 1991)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c.F20 amended

1           The Family Maintenance Act is amended by this Act.

Subsection 56(3) repealed

2           Subsection 56(3) is repealed.

Subsection 57(1) amended

3           Subsection 57(1) is amended by adding ", to be served personally or in any other manner a judge or master may direct," after "may issue a summons".

Subsection 57(2) repealed

4           Subsection 57(2) is repealed.

Sections 57.1 to 57.3 added

5           The following is added after section 57:

Warrant by deputy registrar

57.1(1)     Where a person in default fails to appear before a deputy registrar as required by a summons under subsection 56(1) or by an undertaking given or a recognizance entered into under subsection 57.2(3) or (4), a deputy registrar may issue a warrant for the arrest of a person for the purpose of ensuring his or her attendance at a hearing under section 56 or 57.

Warrant by judge or master

57.1(2)     Where a person in default fails to appear before a judge or master as required by an order of the deputy registrar under clause 56(2)(b), by a summons under subsection 57(1) or by an undertaking given or a recognizance entered into under subsection 57.2(3) or (4), a judge or master may

(a)proceed with the hearing in the person's absence; or

(b)issue a warrant for the arrest of a person for the purpose of ensuring his or her attendance at a hearing under section 57.

Definitions

57.2(1)     In this section,

"justice" means a judge of the Provincial Court, master, deputy registrar or magistrate; («juge»)

"officer in charge" means the peace officer who is in charge of the lock-up or other place to which a person is taken after his or her arrest; («responsable»)

"peace officer" means a peace officer as defined in the Criminal Code (Canada). («agent de la paix»)

Person to be brought before justice

57.2(2)     Where under a warrant issued under subsection 57.1(1) or (2) a peace officer arrests, or an officer in charge has custody of, a person in default, the peace officer or officer in charge shall, as soon as practicable but in any event within 24 hours of the arrest, bring the person before a justice.

Release on undertaking

57.2(3)     The justice shall order that the person in default be released on giving an undertaking to appear, unless the designated officer shows cause why, for the purpose of ensuring the person's appearance at a hearing under section 56 or 57, the detention of the person or an order under subsection (4) is justified.

Release on recognizance

57.2(4)     Subject to subsection (3), the justice may order the release of the person in default on the person's entering into a recognizance to appear at a hearing under section 56 or 57 with such conditions and such sureties or deposits of money or valuable security, if any, as are appropriate in the circumstances, will ensure his or her appearance and are specified in the order.

Order for detention

57.2(5)     Where the designated officer shows cause why the detention of the person in default is justified to ensure his or her appearance at a hearing under section 56 or 57, the justice shall order the person to be detained in custody until the completion of the hearing in respect of which the warrant was issued.

Appeal

57.3        A person in default or a designated officer may appeal from an order under subsection 57.2(3), (4) or (5) to a judge of the Court of Queen's Bench.

Coming into force

6           This Act comes into force on a day fixed by proclamation.