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The Family Maintenance Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 1992, c. 47

The Family Maintenance Amendment Act

(Assented to June 24, 1992)

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.

2           The following is added after the heading "PART V PROCEDURE":

DIVISION 1

PRACTICE AND PROCEDURE

Application of Division 1

40.1        This Division applies to an order or an application for an order under this Act other than

(a) an application to a magistrate for an order; or

(b) an order by a magistrate;

under clause 10(1)(d) in accordance with Division 2 of this Part.

3           Subsection 41(1) is amended by striking out "under this Act".

4           Section 42 is amended by striking out "Except as herein otherwise provided, " and substituting "Except as otherwise provided in this Act or the regulations, ".

5           Section 42.1 is renumbered as section 47.1.

6           Section 43 is amended by striking out "under this Act".

7           Section 45 is amended by striking out "made under this Act".  

8           The following is added after section 46:

DIVISION 2

NON-MOLESTATION ORDER BY MAGISTRATE

"Designated magistrate"

46.1        In this Division, "designated magistrate" means a magistrate designated for the purposes of this Division by the Chief Judge of the Provincial Court.  

Jurisdiction of magistrate under clause 10(1)(d)

46.2(1)     Notwithstanding sections 42 and 43 of The Court of Queen's Bench Act, an application for an order under clause 10(1)(d) of this Act may be made to a designated magistrate in the form and manner prescribed in the regulations.

Ex parte order

46.2(2)     A designated magistrate may make an order under clause 10(1)(d) ex parte.

Information to be included in order

46.2(3)     An order made by a designated magistrate under clause 10(1)(d) shall include  

(a) where the order is made ex parte, information respecting the right of the person against whom the order is made to apply to have the order set aside;  and

(b) any other information required by regulation.

Service of order

46.2(4)     An order made by a designated magistrate under clause 10(1)(d) shall be served as soon as practicable on the person against whom the order is made in the manner set out in the regulations.

Application to set aside order

46.3(1)     A person against whom an order is made ex parte under section 46.2 may, within 10 days after being served with the order, apply to a designated magistrate in the form and manner prescribed in the regulations to have the order set aside.

Powers of magistrate on application

46.3(2)     Where an application is made under subsection (1), a designated magistrate may confirm or set aside the order.

Order set aside on consent

46.3(3)     Where the parties consent, a designated magistrate may, on application in the form and manner prescribed in the regulations, set aside an order made under section 46.2.  

Practice and procedure

46.4        Except as provided otherwise in this Division or in the regulations, a proceeding under this Division shall be carried on in accordance with the practice and procedure of the Provincial Court.  

Regulations re order of magistrate under clause 10(1)(d)

46.5        The Lieutenant Governor in Council may make regulations for the purpose of sections 46.2 and 46.3, including regulations respecting

(a) forms;

(b) the manner of making an application for an order under section 46.2 or to set aside an order under section 46.3;

(c) the service of documents;  

(d) the practice and procedure to be followed in a proceeding under section 46.2 and 46.3;

(e) the information to be included in an order by a designated magistrate under clause 10(1)(d);

(f) any other matter the Lieutenant Governor in Council considers necessary or advisable.

DIVISION 3

GENERAL PROVISIONS

9(1)        Subsection 50(1) is amended by adding ", other than an order or interim order made under clause 10(1)(c) or (d)," after "interim order made under this Act".  

9(2)        The following is added after subsection 50(1):

Penalty re order under clause 10(1)(c) or (d)

50(1.1)     A person who fails to comply with a provision of an order or interim order made under clause 10(1)(c) or (d) is guilty of an offence and is liable on summary conviction to a fine of not more than $1000. or to imprisonment for not more than one year, or both.  

9(3)        Subsection 50(2) is amended by striking out "subsection (1)" wherever it occurs and substituting "subsection (1) or (1.1)".

Coming into force

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