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The Parents' Maintenance Act
This is an unofficial archived version of The Parents' Maintenance Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, 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 Queen'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, or institution as defined in The Mental Health Act, or in any charitable institution.

Summoning more than one child.

5(1)

Where there are several children the family court judge may require the summons to be served upon others not already summoned and may order such of them as ought, in his 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.

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 the judge who made the order.

Enforcement of order.

7(1)

Where default is made in the payment of any sum of money ordered to be paid, the judge who made the order, or any judge who has jurisdiction in the locality in which the person in whose favour the order is made resides,

(a) may summon the person in default to explain the default; and

(b) where service of the summons has been proved, and the person summoned does not appear and sufficient reason for his absence is not given, or where it appears that the summons cannot be served, or where an order of imprisonment has been made, may issue a warrant for the arrest of the person; and

(c) where a warrant has been issued, or where the person in default fails to satisfy the judge that the default is due to inability to pay, may order and adjudge the person to be imprisoned for a term not exceeding three months unless the amounts of money payable under the order are sooner paid.

Application of Summary Convictions Act.

7(2)

Save where otherwise provided, the proceedings before a family court judge shall be in accordance with The Summary Convictions Act; and any order for the payment of money made hereunder may be enforced as if it were an order or conviction made under that Act, but imprisonment shall only be ordered under subsection (1).

Service of summons.

8

Any summons issued under this Act may be served on the person named therein either personally or in such other manner as the judge in writing directs, and shall require the person so served to attend at the time and place mentioned therein to show cause why the order is not made or enforced, as the circumstances require.

Filing of order in Queen's Bench.

9

An order for payment of money made under this Act may be filed with the registrar of the Court of Queen's Bench and enforced as a judgment of that court.

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 an inmate of a hospital, a home for the aged and infirm, house of refuge, or institution for the care and treatment of persons who are mentally disordered within the meaning of The Mental Health Act; or

(b) by the governing body of

(i) any hospital, home, house, or institution to which reference is made in clause (a), or

(ii) any other charitable institution in which the dependant is an inmate; or

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