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The Domestic Violence and Stalking Prevention, Protection and Compensation Amendment Act

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S.M. 2004, c. 13

Bill 17, 2nd Session, 38th Legislature

The Domestic Violence and Stalking Prevention, Protection and Compensation Amendment Act

(Assented to June 10, 2004)

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

C.C.S.M. c. D93 amended

1           The Domestic Violence and Stalking Prevention, Protection and Compensation Act is amended by this Act.

2           The title is amended by striking out "PREVENTION, PROTECTION AND COMPENSATION".

3(1)        The definition "cohabitants" in section 1 is repealed.

3(2)        Section 1 is amended by adding the following definition:

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

4           Subsection 2(1) is replaced with the following:

Who commits "domestic violence"

2(1)        Domestic violence occurs when a person is subjected to an act or omission mentioned in subsection (1.1) by another person who

(a) is cohabiting or has cohabited with him or her in a spousal, conjugal or intimate relationship;

(b) has or had a family relationship with him or her, in which they have lived together;

(c) has or had a family relationship with him or her, in which they have not lived together;

(d) has or had a dating relationship with him or her, whether or not they have ever lived together; or

(e) is the other biological or adoptive parent of his or her child, regardless of their marital status or whether they have ever lived together.

Meaning of "domestic violence"

2(1.1)      The following acts and omissions constitute domestic violence:

(a) an intentional, reckless or threatened act or omission that causes bodily harm or property damage;

(b) an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or property damage;

(c) conduct that reasonably, in all the circumstances, constitutes psychological or emotional abuse;

(d) forced confinement;

(e) sexual abuse.

5           Clauses 4(2)(b) and (c) are amended by striking out "a lawyer or peace officer" and substituting "a lawyer, a peace officer or a person designated in writing by the minister for this purpose,".

6           The part of subsection 5(1) before clause (a) is replaced with the following:

5(1)        A person submitting an application for a protection order by telecommunication must

7(1)        Subsection 6(1) is replaced with the following:

Granting a protection order without notice

6(1)        A designated justice of the peace may grant a protection order without notice where the justice determines on a balance of probabilities that an order is necessary or advisable for the immediate or imminent protection of the subject, in circumstances where

(a) the respondent

(i) is stalking or has stalked the subject, or

(ii) is subjecting or has subjected him or her to domestic violence;

(b) the subject believes that the respondent will continue or resume the domestic violence or stalking; and

(c) the subject requires protection because there is a reasonable likelihood that the respondent will continue or resume the domestic violence or stalking.

7(2)        Subsection 6(2) is amended by adding "or resume" after "continue".

8           Subsection 7(1) is amended in the part before clause (a) by striking out "for the immediate protection of the subject".

9           The following is added after section 8:

Protection order expires in 3 years

8.1(1)      Subject to subsection (2), a protection order granted on or after the coming into force of this section expires three years after the date it is granted.

Exception

8.1(2)      A designated justice of the peace may grant a protection order that expires more than three years after the date of the order if he or she is satisfied that a longer time period is necessary for the protection of the subject.

Expiry date in order

8.1(3)      The protection order must set out the date it expires.

New application after protection order expires

8.2(1)      When

(a) a protection order has expired or will expire within the next three months; and

(b) there is a continuing need for protection;

the subject may make a new application in accordance with section 4 and the provisions of this Act apply.

Compliance with protection order

8.2(2)      The respondent's compliance with a protection order does not by itself mean that the subject does not have a continuing need for protection.

10          Subsection 10(1) is amended by striking out ", in the manner prescribed by regulation,".

11          Subsection 14(1) is amended

(a) in clause (j), in the part before subclause (i), by adding "or any child of the subject" after "suffered by the subject"; and

(b) in clause (m), by adding "or requiring" after "recommending".

12(1)       The following is added after subsection 21(1):

Publication ban re children

21(1.1)     In a proceeding relating to a protection order or prevention order, the court may make an order prohibiting the publication or broadcast in a media report of the name of a child or any information likely to identify a child, if the court is satisfied that the publication or broadcast could affect the safety or well-being of the child.

12(2)       Subsections 21(2) and (3) are amended by striking out "subsection (1)" and substituting "subsection (1) or (1.1)".

13          Clause 27(c) is amended by striking out "for the purpose of subsection 10(1),".

14          Section 32 is amended by striking out "Prevention, Protection and Compensation".

Consequential amendment, C.C.S.M. c. C280

15          Section 41 of The Court of Queen's Bench Act is amended in the definition "family proceeding" by replacing clause (v) with the following:

(v) The Domestic Violence and Stalking Act, other than

(i) an action under section 26 (tort of stalking) of that Act, or

(ii) a proceeding involving a subject and a respondent who are not persons referred to in subsection 2(1) of that Act.

Other consequential amendments

16          The following provisions of the following Acts are amended by striking out "The Domestic Violence and Stalking Prevention, Protection and Compensation Act" and substituting "The Domestic Violence and Stalking Act":

(a) subsection 10.1(2) of The Family Maintenance Act;

(b) sections 273.4 and 273.5 of The Highway Traffic Act;

(c) clause 6(3)(c) of The Marital Property Act;

(d) clause 16(37)(a) of The Common-Law Partners' Property and Related Amendments Act, S.M. 2002, c. 48.

Coming into force

17(1)       This Act, except clause 16(d), comes into force on a day fixed by proclamation.

Coming into force:  clause 16(d)

17(2)       Clause 16(d) comes into force on the later of

(a) the day this Act comes into force; or

(b) the day clause 16(37)(a) of The Common-Law Partners' Property and Related Amendments Act, S.M. 2002, c. 48, comes into force.