2012 Bill 8

	8


First Session, 47th General Assembly 61 Elizabeth II, 2012
BILL 8
AN ACT TO AMEND THE FAMILY VIOLENCE PROTECTION ACT
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE FELIX COLLINS Minister of Justice and Attorney General
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Family Violence Protection Act to create a statutory right to seek leave to appeal to the Court of Appeal on a question of law or jurisdiction. Currently, no such provision exists in the Act.

A BILL

AN ACT TO AMEND THE FAMILY VIOLENCE PROTECTION ACT

Analysis

1. S.2 Amdt.
Definitions

2. S.9 Amdt.
Right to review

3. S.12.1 Added
Appeal

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2005 cF-3.1
as amended

1. (1) Paragraph 2(d) of the Family Violence Protection Act is repealed and the following substituted:

(d) "court", except as otherwise provided, means the Provincial Court of Newfoundland and Labrador;

(2) Paragraph 2(g) of the Act is repealed and the following substituted:

(g) "judge", except as otherwise provided, means a Provincial Court judge appointed under the Provincial Court Act, 1991 and includes the chief judge;

2. Section 9 of the Act is amended by renumbering it as subsection 9(1) and by adding immediately after that subsection the following:

(2) Every emergency protection order shall contain a provision that advises the applicant and the respondent that each has the right to make an application under section 12.1.

3. The Act is amended by adding immediately after section 12 the following:

Appeal

12.1 (1) With leave of a judge of the Court of Appeal, an appeal from an order made under this Act may be made to the Court of Appeal on a question of law or jurisdiction.

(2) Unless a judge of the Court of Appeal orders otherwise, an appeal does not operate as a stay of the order.