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S.M. 2010, c. 49
Bill 8, 5th Session, 39th Legislature
The Legal Aid Manitoba Amendment Act
(Assented to December 9, 2010)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following is added after section 17.1:
In this section, "parent" means
(a) in a case where a biological parent, or a person declared to be the parent of a child under Part II of The Family Maintenance Act, is responsible for the care and control of a child, the biological parent of the child or the person declared to be the parent of the child under Part II of The Family Maintenance Act, as the case may be;
(b) in a case where an adoptive parent is responsible for the care and control of a child, the adoptive parent of the child; or
(c) in a case where a court of competent jurisdiction has appointed a person as guardian of the person of a child, the guardian of the child;
but does not include the Director of Child and Family Services or an agency under The Child and Family Services Act that is responsible pursuant to any Act or arrangement for the care or supervision of a child.
In the following circumstances, the cost of legal aid provided to a child constitutes a debt due and owing from the parent of the child to Legal Aid Manitoba recoverable in any court of competent jurisdiction:
(a) a child is charged with an offence;
(b) the child is ineligible to receive legal aid because of the income or other financial resources of the child's parent or parents, or the refusal or failure of the child's parent or parents to provide information to determine the child's eligibility for legal aid;
(c) the child's parent or parents refuse or fail to retain legal services on behalf of the child;
(d) Legal Aid Manitoba provides legal aid to the child as the result of a direction made under section 25 of the Youth Criminal Justice Act (Canada).
When legal aid is provided to a child in the circumstances set out in subsection (2), the executive director may register a statement in a Land Titles Office against land owned by the child's parent or in which the parent has an interest.
The statement must
(a) certify that legal aid was provided to the parent's child; and
(b) set out the following:
(i) the name of the parent whose child received legal aid,
(ii) the value of the legal aid provided,
(iii) the legal description of the land in question,
(iv) Legal Aid Manitoba's address for service.
The executive director may register a statement in a Land Titles Office only after
(a) all proceedings in relation to the offence in respect of which legal aid was provided are completed and the time allowed for an appeal has expired; or
(b) if an appeal has been commenced, all proceedings in relation to the appeal have been concluded.
From the time of its registration, a statement under this section binds and forms a lien and charge on the person's estate or interest in the land against which it is registered for an amount equal to the cost of the legal aid provided to his or her child. However, the statement does not have the effect of severing a joint tenancy or affecting a right under The Homesteads Act.
Subsections 17.1(3) and (5) apply, with necessary changes, to a statement registered under this section.
A statement under section 17.2, as enacted by section 3 of this Act, may only be registered for legal aid provided as the result of a direction under section 25 of the Youth Criminal Justice Act (Canada) made after the coming into force of this Act.
This Act comes into force on the day it receives royal assent.