NEWFOUNDLAND AND LABRADOR
REGULATION 1/25

Provincial Court Family Violence Protection Rules (Amendment)
under the
Provincial Court Act, 1991
(O.C. 2025-001)

(Filed January 9, 2025)

Under the authority of section 29.1 of the Provincial Court Act, 1991, the Lieutenant-Governor in Council makes the following rules.

Dated at St. John’s, January 7, 2025.

Krista Quinlan
Clerk of the Executive Council

RULES

Analysis

        1.   S.2 Amdt.
Interpretation

        2.   S.4 R&S

              Who may make application

        3.   S.5 Amdt.
How application is made

        4.   S.8 Amdt.
Form and substance of an application

        5.   S.9 Amdt.
Preliminary matters

        6.   S.10 Amdt.
Hearing of application

        7.   S.14 Amdt.
Filing of order

        8.   S.15 Amdt.
Form and content of order

        9.   S.20 Amdt.
Application to set aside order

NLR 52/06

        1. Subsection 2(1) of the Provincial Court Family Violence Protection Rules is amended by adding immediately after paragraph (b) the following:

         (b.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. Section 4 of the rules is repealed and the following substituted:

Who may make application

        4. An application for an emergency protection order may be made

             (a)  by an applicant who

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

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

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

                    (iv)  is or was in a care relationship with the respondent; or

             (b)  on behalf of an applicant described in paragraph (a), by

                      (i)  a designated person, or

                     (ii)  a police officer or lawyer, with the consent of the applicant.

 

        3. Subsection 5(3) of the rules is amended by deleting the words "his or her" and substituting the words "the on-call judge's".

 

        4. (1) Paragraph 8(1)(a) of the rules is amended by deleting the words "his or her" and substituting the words "the applicant's".

             (2)  Paragraph 8(1)(f) of the rules is amended by deleting the words "him or her" and substituting the words "the person making the application".

             (3)  Paragraph 8(2)(f) of the rules is amended by deleting the words "his or her" and substituting the words "the applicant's".

 

        5. Section 9 of the rules is amended by deleting the words "satisfy himself or herself" and substituting the words "be satisfied".

 

        6. Subsection 10(2) of the rules is amended by deleting the words "he or she" wherever they appear and substituting the words "the judge".

 

        7. Section 14 of the rules is amended by deleting the words "his or her" wherever they appear and substituting the words "the judge's".

 

        8. Paragraph 15(2)(a) of the rules is amended by deleting the words "his or her" and substituting the words "the respondent's".

 

        9. Subsection 20(2) of the rules is amended by deleting the words "he or she" and substituting the words "the respondent".

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