97

 

 

Second Session, 50th General Assembly

3 Charles III, 2024

BILL 97

AN ACT TO AMEND THE FAMILY VIOLENCE PROTECTION ACT

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

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

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

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

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

HONOURABLE BERNARD DAVIS

Minister of Justice and Public Safety

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Family Violence Protection Act to

ˇ         allow a family member or a person in a care relationship to make an application for an emergency protection order; and

ˇ         incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE FAMILY VIOLENCE PROTECTION ACT

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.3 Amdt.
Family violence defined

        3.   S.4 Amdt.

              Application process

        4.   S.5 Amdt.
Granting of emergency protection order without notice to another person

        5.   S.8 Amdt.
Respondent to have notice

        6.   S.9 Amdt.
Right to review

        7.   S.12 Amdt.
Application to vary or terminate

        8.   S.14 Amdt.
Effect on property and leasehold interest

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) Section 2 of the Family Violence Protection Act is amended by adding immediately after paragraph (a) the following:

         (a.1)  "care relationship" means a relationship between 2 persons, whether or not they have ever resided together, where one person is or was dependent on the other person for assistance in the person's daily life activities because of a disability, illness or impairment;

             (2)  Subparagraph 2(b)(ii) of the Act is amended by deleting the words "his or her" and substituting the words "the applicant's".

 

        2. (1) Paragraph 3(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the applicant's".

             (2)  Paragraph 3(1)(f) of the Act is amended by deleting the words "his or her" and substituting the words "the applicant's".

 

        3. Subsection 4(1) of the Act is repealed and the following substituted:

Application process

        4. (1) An application for an emergency protection order may be made by a person who

             (a)  resides with or has resided with the respondent in a conjugal relationship, whether within or outside marriage;

             (b)  is, together with the respondent, a parent of one or more children, regardless of the person's and the respondent's marital status or whether the person and the respondent have resided together;

             (c)  is related by blood, marriage or adoption to the respondent, regardless of whether the person resides with or has resided with the respondent; or

             (d)  is or was in a care relationship with the respondent.

 

        4. Subsection 5(3) of the Act is amended by deleting the words "his or her" and substituting the words "the applicant's".

 

        5. Subsection 8(1) of the Act is amended by deleting the words "he or she" and substituting the words "the respondent".

 

        6. Paragraph 9(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the respondent's".

 

        7. Subsection 12(6) of the Act is amended by deleting the words "he or she" and substituting the words "the judge".

 

        8. Subsection 14(3) of the Act is amended by deleting the words "his or her" and substituting the words "the applicant's".

ŠKing's Printer