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Third Session, 48th General Assembly

67 Elizabeth II, 2018

BILL 1

AN ACT TO AMEND THE FAMILY VIOLENCE PROTECTION ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE ANDREW PARSONS, Q.C.

Minister of Justice and Public Safety and Attorney General

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

        This Bill would amend the Family Violence Protection Act to

·         expand the definition of "family violence";

·         replace references to the Child, Youth and Family Services Act with references to the Children and Youth Care and Protection Act;

·         provide that emergency protection orders do not prevail over  certain orders under the Adult Protection Act; and

·         provide that nothing in the Act affects the duty to report set out in the Adult Protection Act.


A BILL

AN ACT TO AMEND THE FAMILY VIOLENCE PROTECTION ACT

Analysis


        1.   S.3 Amdt.
Family violence defined

        2.   S.13 Amdt.
Effect of emergency protection order

        3.   S.19 R&S
Duty to report continued


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

SNL2005 cF-3.1
as amended

        1. Subsection 3(1) of the Family Violence Protection Act is amended by deleting the word "and" at the end of paragraph (f) and by adding immediately after paragraph (f) the following:

          (f.1)  conduct that causes psychological or emotional harm or a reasonable fear of that harm, including a pattern of behaviour the purpose of which is to undermine the psychological or emotional well-being of the applicant or a child;

          (f.2)  conduct that controls, exploits or limits the applicant's access to financial resources for the purpose of ensuring the applicant's financial dependency; and

 

        2. Subsection 13(1) of the Act is repealed and the following substituted:

Effect of emergency protection order

      13. (1) An emergency protection order prevails over

             (a)  a prior, subsisting order respecting custody of or access to a child, including an order made under the Divorce Act (Canada) or Part III of the Children's Law Act; and

             (b)  a provision of a subsisting agreement made under Part IV of the Family Law Act respecting the custody of or access to a child.

         (1.1)  An emergency protection order does not prevail over

             (a)  a prior, subsisting order under the Children and Youth Care and Protection Act that places a child in the care or custody of a manager appointed under that Act or a person other than the parent from whom the child was removed; or

             (b)  a prior, subsisting order under the Adult Protection Act that places an adult in the care and custody of the provincial director appointed under that Act or another person.

 

        3. Section 19 of the Act is repealed and the following substituted:

Duty to report continued

      19. Nothing in this Act affects a duty set out in section 11 of the Children and Youth Care and Protection Act or section 12 of the Adult Protection Act.