RSNL1990 CHAPTER U-3 - UNIFIED FAMILY COURT ACT - Point in Time

Short title

1. This Act may be cited as the Unified Family Court Act.

1977 c88 s1; 1986 c42 Sch B

Interpretation

2. (1) In this Act

(a) "expanded service area" means all those portions of the Avalon and Bonavista Peninsulas not included in the judicial area and described in Schedule B;

(a.1) "judicial area" means the area set out in Schedule A; and

(b) "proceeding" includes an action, cause, matter, petition or application.

(2) This Act shall be read with the Judicature Act .

1977 c88 s2; 1979 c14 s1; 1997 c43 s2

Unified Family Court

3. The Unified Family Court, a division of the Supreme Court, is continued.

1977 c88 s4

Judge

4. (1) The Chief Justice of the Trial Division shall appoint one or more judges of the Trial Division to be the presiding judges of the Unified Family Court and a presiding judge shall take and sign the following oath or affirmation of office before beginning his or her duties:

"I, _____________________________, do solemnly swear (or solemnly, sincerely and truly declare and affirm) that I will truly and faithfully execute the duties, powers and trusts of a judge presiding over the Unified Family Court to the best of my skill and knowledge." (Where an oath is taken, add "So help me God").

(2) A judge of the Trial Division is a judge of the Unified Family Court but a judge, other than a presiding judge of the Unified Family Court, may not preside over the Unified Family Court except on the request of the Chief Justice of the Trial Division.

(3) Where the Chief Justice of the Trial Division so designates, another judge of the Trial Division may hold sittings of the Unified Family Court concurrently in the main Court House of the Trial Division or on circuit as directed by the Chief Justice of the Trial Division and the proceedings shall be considered to be before the Unified Family Court.

(4) The clerks and officials of the Judicial Centre of St. John's and clerks and officials on a circuit directed by the Chief Justice of the Trial Division under subsection (3) shall be considered to be the clerks and staff of the Unified Family Court appointed under section 13 for the purposes of this section.

1986 c42 Sch B; 1997 c43 s3

Territorial jurisdiction

5. (1) The Unified Family Court shall hold sittings in premises located within the judicial area or the expanded service area as the Chief Justice of the Trial Division may direct.

(2) Without limiting the prerogatives vested in the Crown, nothing in an Act of the province, or the rules, orders, regulations or by-laws made under an Act shall prevent or be construed to prevent the use of property within the judicial area or the expanded service area, the title to which is vested in the Crown, for the purpose of the Unified Family Court.

1977 c88 s6; 1979 c14 s3; 1997 c43 s4

Jurisdiction of court

6. (1) The Unified Family Court has and may exercise the powers and duties possessed by the Supreme Court in relation to, and has and may exercise exclusive jurisdiction in relation to, proceedings in the following matters taken in the judicial area, other than by way of appeal,

(a) formation of marriage;

(b) dissolution and annulment of marriage;

(d) actions and causes concerning matrimonial property including injunctions, partition and settlements;

(e) relief for family dependants on death;

(f) declarations of status including validity of marriage;

(g) entitlement to support under the Family Law Act ;

(h) enforcement of support orders including reciprocal enforcements of these orders;

(i) custody and access;

(j) adoption;

(k) an offence under the Adoption of Children Act and the Child, Youth and Family Services Act ;

(l) interspousal and familial torts; and

(m) those other matters that are provided by or under an Act to be within the jurisdiction of the Unified Family Court.

(1.1) The Unified Family Court has and may exercise the powers and duties of the Supreme Court in relation to proceedings, except by way of appeal, taken in the expanded service area for matters referred to in subsection (1) which fall within the subject matter over which the Supreme Court ordinarily has jurisdiction.

(2) The Unified Family Court has the inherent jurisdiction of a superior court to make orders with respect to children.

(3) The jurisdiction of the Unified Family Court may be exercised by a judge of the Unified Family Court.

(4) [Rep. by 1993 c53 s31]

(5) The jurisdiction of the Trial Division of the Supreme Court and courts of summary jurisdiction is suspended by this Act in relation to proceedings in which the Unified Family Court has exclusive jurisdiction.

(5.1) Nothing in this Act shall be interpreted to derogate from or suspend the powers of the Provincial Court of Newfoundland and Labrador outside the judicial area described in Schedule A or to confer upon the Unified Family Court any jurisdiction outside the judicial area which the Supreme Court, Trial Division would not otherwise have.

(5.2) The jurisdiction of the Supreme Court, Trial Division is suspended by this Act in relation to proceedings over which the Unified Family Court has jurisdiction under the authority of subsection (1.1).

(6) For the purpose of paragraph 266(b), sections 740, 810 and 811 of the Criminal Code , a judge of the Unified Family Court has the powers of a provincial court judge under the Criminal Code in matters arising within the judicial area.

1977 c88 s7; 1978 c35 s24; 1979 c14 s4; 1986 c33 s14; 1986 c42 Sch B; 1993 c53 s31; 1997 c43 s5; 2001 c42 s44; 2001 cN-3.1 s2

Judge may transfer case

7. (1) Notwithstanding section 6, a judge of the Unified Family Court may, upon application, order that a proceeding started in the Unified Family Court be transferred to an appropriate court whether inside or outside the judicial area where, in the opinion of a judge, there is a preponderance of convenience for the proceeding to be dealt with by that court.

(2) The provisions of this Act in relation to the procedure of a proceeding transferred to another court under subsection (1) shall apply, with the necessary changes, to that proceeding in the other court.

(3) Where a proceeding that should not have been started in the Unified Family Court is started, a judge of the Unified Family Court may direct the proceeding to be transferred to another court, and steps taken by a party in the proceeding and orders made before the transfer are valid and effectual as if they were made in the court in which the proceeding ought to have been started.

1977 c88 s8; 1986 c33 s14; 1997 c43 s6

Jurisdiction of court may be extended

8. Where a proceeding is started in the Unified Family Court in a matter over which jurisdiction may be exercised in the Unified Family Court and it is combined with a matter within the jurisdiction of a judge of the Supreme Court but over which jurisdiction may not be exercised in the Unified Family Court, the Unified Family Court may, with the consent of the parties, determine and dispose of the combined matters.

1977 c88 s9

Rules

9. (1) The Rules Committee of the Trial Division as constituted under section 54 of the Judicature Act may make rules of court regulating matters in relation to the practice and procedure of the Unified Family Court.

(2) Notwithstanding section 54 of the Judicature Act, a presiding judge of the Unified Family Court shall be a member for the Rules Committee of the Trial Division for the purpose of making rules under this section.

(3) Rules made under subsection (1) are subordinate legislation for the purposes of the Statute and Subordinate Legislation Act.

(4) Writs, affidavits, notices and other papers and documents issued out of, or used in, the Unified Family Court shall be entitled, "In the Supreme Court of Newfoundland and Labrador , Unified Family Court".

(5) Causes or matters heard in the Unified Family Court shall be heard and determined without a jury.

1977 c88 s13; 1986 c42 Sch B; 1997 c43 s7; 2001 cN-3.1 s2

Standing in court

10. (1) Notwithstanding subsections 6(1) and (1.1), proceedings may be started in the Unified Family Court only where the applicant, the respondent or a child involved in the proceedings lives in the judicial area or the expanded service area but a proceeding is not required to be started in the judicial area or the expanded service area by reason only that a respondent or a child involved in the proceeding, other than an applicant, lives in either of those areas.

(2) Proceedings may be started in the Unified Family Court where the applicant, the respondent or the child involved in the proceedings does not live in the judicial area or the expanded service area where a presiding judge of the Unified Family Court and parties to the proceedings so consent.

1978 c35 s24; 1986 c33 s14; 1997 c43 s8

Persons excluded

11. Where the judge is of the opinion

(a) that evidence or information presented to the court would be seriously injurious or seriously prejudicial to

(i) the person who is being dealt with in the proceedings, or

(ii) a person under 16 years of age who is a witness in or is affected by the proceedings; or

(b) that it would be in the best interest of public morals, the maintenance of order or the proper administration of justice to exclude the members of the public from the court room,

the judge may exclude a person other than counsel and witnesses from all or part of the proceedings where the judge considers that person's presence to be unnecessary to the conduct of the proceedings.

1985 c11 s72; 1986 c33 s14

Investigation

12. (1) Upon application, which may be made without notice to another party, the court may direct a person who

(a) has had no previous connection with the parties to the proceedings; and

(b) is a family counsellor, social worker, probation officer, or other person approved by the court for the purpose,

to make a report on a party to the family matter or other person who, in the opinion of the court, is associated with the family matter.

(2) A person directed to make a report under section (1) shall, in the manner that the court may direct, present the report.

(3) A person shall not present to a court the report made under subsection (1) unless, not less than 24 hours before the report is to be presented, the person serves a copy of the report upon the parties to the proceeding.

1977 c88 s16

Clerk and staff of court

13. (1) The Lieutenant-Governor in Council may appoint a clerk and there may be appointed according to law other support staff that are necessary for the Unified Family Court.

(2) The clerk of the Unified Family Court

(a) shall perform the duties of the Registrar of the Supreme Court as described by theJudicature Act that are necessary for the proper administration of the Unified Family Court; and

(b) has power to administer oaths or affirmations, take affidavits, issue process, enforce maintenance orders and other powers and authority that are necessary to carry out the duties assigned to the clerk by the court.

1977 c88 s17

Agreements

14. With the approval of the Lieutenant-Governor in Council, the Minister of Justice may enter into agreements with the Minister of Justice and Attorney-General of Canada, or other minister of the Crown, acting on behalf of the Crown in right of Canada respecting the payment of the Government of Canada to the government of the province of a portion of the total cost to the province of maintaining the Unified Family Court or respecting an amendment of the agreement.

1977 c88 s18

Unified Family Court Committee

15. (1) The Unified Family Court Committee is continued for the purpose of monitoring the Unified Family Court and making recommendations to the Attorney-General of the province with respect to the operation and functioning of that court.

(2) The Unified Family Court Committee shall consist of not more than 10 and not less than 5 members appointed by the Minister of Justice with the approval of the Lieutenant-Governor in Council and 5 of those members shall be:

(a) 1 member of the Law Society of Newfoundland;

(b) 1 representative of the Department of Justice;

(d) 2 representatives of the public.

1977 c88 s19

Court order binds Crown

16. The Crown is bound by an order or judgment issued by the Unified Family Court.

1977 c88 s20

Schedule A

ALL THAT AREA contained within the following boundary beginning at a point at the northern entrance to St. John's Harbour; THEN in a generally northerly direction following the shoreline of North East Avalon Peninsula to Cape St. Francis; THEN in a generally southerly direction following the shoreline of the North East Avalon Peninsula to head of South Arm in Holyrood Bay; THEN following the shoreline of South Arm and North Arm in Holyrood Bay to a point on the northern shoreline of North Arm four thousand four hundred (4,400') feet more or less northeast of the head of North Arm, being the point at which the boundary of the Town of Holyrood meets the shoreline of North Arm; THEN following the aforesaid boundary of the Town of Holyrood in an anti-clockwise direction to the southwest tip of Old Sea; THEN North 52 degrees East following the aforesaid boundary of the Town of Holyrood a distance of three thousand (3,000') feet more or less; THEN North 85 degrees East following the aforesaid boundary of the Town of Holyrood a distance of twelve thousand (12,000') feet more or less; THEN in a general easterly direction a distance of twelve thousand (12,000') feet more or less to the northernmost tip of Big Island Pond; THEN in a generally easterly direction following the northern shoreline of Big Island Pond, Daltons Ponds and the stream connecting these ponds with Mobile Big Pond; THEN in a generally easterly direction following the north shore of Mobile Big Pond, Mobile River and Mobile First Pond to the north end of the dam at the eastern end of Mobile First Pond; THEN in a generally easterly direction eleven thousand (11,000') feet more or less to the point at which an abandoned railway track crosses the Bay Bulls Highway; THEN in a generally easterly direction eight thousand (8,000') feet more or less to Ragged Point on the eastern shoreline of the North East Avalon Peninsula; THEN in a generally northerly direction following the eastern shoreline of the North East Avalon Peninsula to the point of beginning. All bearings being referred to the True Meridian. AND ALL THAT AREA known as Bell Island .

1979 c14 s6; 1997 c43 s9

Schedule B

All that area contained within the following boundary:

Beginning at a point in the easterly bank of Come By Chance River where it flows into Placentia Bay ;

Then running along the easterly bank in a general northerly direction to its intersection with the centreline of a transmission line;

Then running along the centreline in a general easterly direction to its intersection with the centreline of the Trans Canada Highway and being near the Come By Chance Road intersection;

Then running along the centreline of the Trans Canada Highway in a general northerly direction to its intersection with the centre of Salmon Brook near Terra Nova National Park ;

Then running along the centre of the brook in a general easterly direction to a point in the westerly shoreline of Clode Sound;

Then running along the westerly and southerly shoreline of Clode Sound and the southerly shoreline of Bonavista Bay in general southerly and northeasterly directions to Cape Bonavista ;

Then running in a general southerly direction following the easterly shoreline of the Bonavista Peninsula and along the westerly and easterly shorelines of Trinity Bay in general southwesterly and northeasterly directions to Grates Point;

Then following the shoreline of the eastern, southern and western Avalon Peninsula in general southerly, westerly and northerly directions to the point of beginning.

The above described parcel includes Random Island , Bell Island and the community of Goobies reserving, nevertheless, out of the above described parcel, the land described in Schedule A.

1997 c43 s9