C.C.S.M. c. P10

The Parents' Maintenance Act

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

Liability of child

1

A son or daughter is liable for the support of his or her dependent parents if it appears that the son or daughter has sufficient means to provide for the parent and to the extent that it so appears, having regard to the whole circumstances of the case.

When parent deemed dependent

2

A parent who, by reason of age, disease or infirmity, is unable to maintain himself or herself without assistance shall be deemed to be dependent.

Summons and order of family court judge

3

A dependent parent, or any other person on his or her behalf, may summon a son or daughter of the parent before a judge of the Provincial Court (Family Division) or of The Family Division of the Court of King's Bench, who, upon proof of service of the summons, and whether or not the son or daughter appears, and upon sufficient evidence being adduced that the parent is dependent and that the son or daughter has sufficient means to provide for the parent, may, having regard to the whole circumstances of the case,

order that the son or daughter pay for the support of the parent to the person mentioned in the order, a weekly sum of money not exceeding $20., with or without costs.

Order where parent maintained by another

4

An order may be made under this Act, whether or not the dependent parent is being cared for by another or in a sanatorium, home, or hospital, mental health clinic, psychiatric facility as defined in The Mental Health Act, developmental centre as defined in The Vulnerable Persons Living with a Mental Disability Act, or in any charitable institution.

S.M. 1993, c. 29, s. 194.

Summoning more than one child

5(1)

Where there are several children a judge may require the summons to be served upon others not already summoned and may order such of them as ought, in the judge's opinion, to contribute to the support of the parent, to share in the payments ordered, and shall apportion the sum to be paid among the children, having due regard to their ability and obligations.

Time limit

5(2)

The judge may, in any order, set a time limit, not exceeding 30 days, within which each sum of money ordered to be paid and the costs are to be paid.

S.M. 1995, c. 3, s. 32.

Varying order or re-hearing application

6

Upon proof that the circumstances of any of the parties have changed since the making of an order, the order may be varied, or at the instance of any such party on notice, an application may at any time be re-heard, and any order may be confirmed, rescinded, or varied by a judge.

S.M. 1995, c. 3, s. 33.

Enforcement under Family Maintenance Act

7

An order made under this Act may be enforced under Part VI (Enforcement of Maintenance Orders) of The Family Maintenance Act.

S.M. 1995, c. 3, s. 34.

8 and 9

[Repealed]

S.M. 1995, c. 3, s. 34.

Proceedings by others to enforce maintenance

10

Proceedings may be taken under this Act

(a) by the minister charged with the administration of this Act in the case of a parent who is in need, or is a patient or resident in a hospital, a home for the aged and infirm, house of refuge, a psychiatric facility as defined in The Mental Health Act, or a developmental centre as defined in The Vulnerable Persons Living with a Mental Disability Act; or

(b) by the governing body of

(i) any hospital, home, house, psychiatric facility or developmental centre to which reference is made in clause (a), or

(ii) any other charitable institution in which the dependant is a patient or resident; or

(c) by any municipality in which the person entitled to maintenance under this Act resides.

S.M. 1993, c. 29, s. 194.