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The Court of Queen's Bench Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2000, c. 27

THE COURT OF QUEEN'S BENCH AMENDMENT ACT


 

(Assented to August 18, 2000)

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

C.C.S.M. c. C280 amended

1         The Court of Queen's Bench Act is amended by this Act.

2         The definition "mediator" in section 41 is repealed and the following is substituted:

"designated mediator" means a person appointed as a designated mediator by the Minister of Justice and includes a person appointed as a mediator by the Minister of Justice. (« médiateur désigné »)

3(1)      Subsection 47(1) is amended by striking out "mediator" wherever it occurs and substituting "designated mediator".

3(2)      Subsection 47(2) is amended by striking out "mediator" wherever it occurs and substituting "designated mediator".

4         Section 48 is repealed and the following is substituted:

Mediation by designated mediator

48(1)     Subject to subsection (3), unless the parties otherwise agree, neither

(a) a designated mediator who renders services

(i) under section 47, or

(ii) at the request of the parties; nor

(b) a party to the mediation;

is competent or compellable to give evidence in a family proceeding in respect of

(c) a written or oral statement made by a party during the mediation; or

(d) knowledge or information acquired during the mediation by a person referred to in clause (a) or (b).

Mediation by private practising mediator

48(2)     Subject to subsection (3), unless the parties otherwise agree, where the parties have agreed in writing that the mediation process will be confidential, neither

(a) a private practising mediator who renders mediation services to parties; nor

(b) a party to the mediation;

is competent or compellable to give evidence in a family proceeding in respect of

(c) a written or oral statement made by a party during the mediation; or

(d) knowledge or information acquired during the mediation by a person referred to in clause (a) or (b).

Exception

48(3)     Subsections (1) and (2) do not apply with respect to a proceeding under Part III (Child Protection) of The Child and Family Services Act.

Coming into force

5         This Act comes into force on the day it receives royal assent.