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5th Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 16

THE DOMESTIC VIOLENCE AND STALKING AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HIS 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 Act is amended by this Act.

2(1)   Clause 7(1)(c.1) is amended by replacing subclauses (i) and (ii) with the following:

(i) any court proceeding in which the respondent is a party or an accused person,

(ii) a mediation by court referral that relates to parenting arrangements, custody, contact, access or guardianship or a related family matter,

(iii) an assessment, investigation or evaluation that has been ordered by a court and that relates to parenting arrangements, custody, contact, access or guardianship or a related family matter,

(iv) a family arbitration under The Arbitration Act,

(v) family dispute resolution activities at the premises of an agency, organization or service provider prescribed by regulation,

(vi) supervised parenting time, contact or access at the premises of an agency, organization or service provider prescribed by regulation, or

(vii) supervised child transfers or exchanges at the premises of an agency, organization or service provider prescribed by regulation;

2(2)   Subsection 7(1.1) is amended

(a) in the part before clause (a), by adding "or activity" after "a proceeding";

(b) by striking out "or" at the end of subclause (b)(i);

(c) by replacing subclause (b)(ii) with the following:

(ii) a mediator, assessor, investigator, evaluator or arbitrator, or

(d) by adding the following after subclause (ii):

(iii) a staff member of a prescribed agency, organization or service provider under subclause (1)(c.1)(v), (vi) or (vii);

3   Clause 22(a) is replaced with the following:

(a) an order or agreement that relates to parenting arrangements, custody, contact, access or guardianship;

4   The following is added after clause 27(c):

(c.1) prescribing agencies, organizations and service providers for the purposes of subclauses 7(1)(c.1)(v), (vi) and (vii);

Coming into force

5   This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Domestic Violence and Stalking Act.

A protection order may include provisions that enable the parties to the order to attend a family arbitration, family dispute resolution activities and supervised child visitations and transfers.

A party applying for a prevention order or a protection order must disclose the existence of any orders or agreements between the subject and the respondent dealing with parenting arrangements, custody, contact, access or guardianship.