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BILL NO. 34

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                  An Act to Amend Chapter 6
                   of the Acts of 1994-95,
               the Maintenance Enforcement Act










                 
                                                               
                                                               
               The Honourable J. William Gillis
                     Minister of Justice


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
         Printed by Queen''s Printer for Nova Scotia
                               
                               
                      Explanatory Notes








         Clause 1 expands the definition of "maintenance order" to include minutes of settlement.



         Clause 2 makes it clear that an order issued by the court following an application pursuant
to Section 24 may include an order for contempt without the necessity of bringing a separate
application for contempt.

         Clause 3 allows a third party, who shares a joint account with a payor of maintenance and
whose money has been seized pursuant to the Maintenance Enforcement Act, sixty days to make
an application to the Supreme Court of Nova Scotia for a declaration that the money is the third
party's property and not subject to seizure.  At present, there is no time limit to bring the
application.

         Clause 4 makes a minor change for consistency of wording with clause 35(1)(d) of the Act.

         Clause 5 clarifies the procedure for applying to court for a hearing before a judge with
respect to a payor's ability to pay arrears of maintenance.








         Subclause 6(1) clarifies that references in subsection 38(1) of the Act to rules of court are
a reference to the Civil Procedure Rules.

         Subclause 6(2) provides that a certificate of discharge must be in the form prescribed by
regulation.


         Subclause 7(1) corrects a cross-reference.


         Subclause 7(2) determines the order when an application to vary and a default hearing
are heard by the court at the same time.

         Clause 8 sets out the effective date of the amendments contained in this Bill.


                   An Act to Amend Chapter 6
                    of the Acts of 1994-95,
                the Maintenance Enforcement Act



         Be it enacted by the Governor and Assembly as follows:


         1  Clause 2(e) of Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act,
is amended by adding ", minutes of settlement" immediately after "agreement" the first time it
appears in the fifth last line.


         2  Subsection 24(2) of Chapter 6 is amended by adding ", including an order for
contempt" immediately after "circumstances" in the last line.


         3  Subsection 28(3) of Chapter 6 is amended by adding ", within sixty days of the
seizure of the money," immediately after "application" in the third line.


         4  Clause 34(1)(b) of Chapter 6 is amended by adding "generally" immediately after
"circumstances" in the last line.


         5  (1) Clause 36(1)(k) of Chapter 6 is repealed and the following clause substituted:

                (k) require the payor to apply to court pursuant to the Family Maintenance
            Act or the Divorce Act (Canada) by a specified date for a hearing before a judge in
            respect of the payor's ability to pay the arrears or to make subsequent payments.

            (2) Subsection 36(2) of Chapter 6 is repealed.


         6  (1) Subsection 38(1) of Chapter 6 is amended by adding "or pursuant to the Civil
Procedure Rules" immediately after "court" in the last line.

              (2)  Subsection 38(6) of Chapter 6 is amended by striking out "rules of court" in
the second line and substituting "regulations".


         7    (1)  Subsection 39(2) of Chapter 6 is amended by striking out "36" in the first line
and substituting "37".

              (2)  Section 39 of Chapter 6 is further amended by adding immediately after
subsection (2) the following subsection:

                   (2A) Where, pursuant to subsection (2), a hearing of an application to vary
              is held at the same time as a default hearing, the default hearing shall be held first.

         8    This Act has effect on and after January 1, 1996, or such earlier date as the
Governor in Council orders and declares by proclamation.