BILL NO. 84
1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998
Family Division of Supreme Court Statute Amendment (1998) Act
(amended)
The Honourable James A. Smith, M.D.
Minister of Justice
First Reading: November 19, 1998
Second Reading: November 20, 1998
Third Reading: November 24, 1998 (NO AMENDMENTS)
Explanatory Note
This Bill makes amendments to the Family Maintenance Act, the Judicature Act, the Maintenance Enforcement Act and the Maintenance Orders Enforcement Act that are necessary to implement the new Family Division of the Supreme Court.
An Act to Amend Certain
Statutes to Provide for the Family
Division of the Supreme Court
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Family Division of Supreme Court Statute Amendment (1998) Act.
2 Sections 44 and 45 of Chapter 160 of the Revised Statutes, 1989, the Family Maintenance Act, are repealed and the following Section substituted:
3 Section 2 of Chapter 240 of the Revised Statutes, 1989, the Judicature Act, as amended by Chapter 16 of the Acts of 1992, is further amended by striking out the period at the end of clause (i) and substituting a semicolon and by adding the following clause:
4 Section 14 of Chapter 240, as amended by Chapter 16 of the Acts of 1992, is further amended by adding immediately after subsection (3) the following subsection:
5 Section 18 of Chapter 240 is repealed.
6 (1) Subsection 32A(1) of Chapter 240, as enacted by Chapter 5 of the Acts of 1997 (Second Session), is amended by
(a) striking out "Family Division of the Supreme Court" in the first line and substituting "Supreme Court (Family Division)";
(b) striking out clause (f) and substituting the following clause:
(d) striking out clause (r); and
(e) striking out clause (w) and substituting the following clause:
7 Section 32B of Chapter 240 is repealed and the following Section substituted:
(2) Any judge of the Supreme Court (Family Division) may hear and determine any proceeding brought in the Supreme Court but the substantial majority of that judge's time shall be spent hearing and determining proceedings in the Supreme Court (Family Division).
8 Section 32H of Chapter 240, as enacted by Chapter 5 of the Acts of 1997 (Second Session), is amended by striking out "Family Division of the Supreme Court" in the second line and substituting "Supreme Court (Family Division)".
9 Sections 32C to 32G and Section 32I of Chapter 240, as enacted by Chapter 5 of the Acts of 1997 (Second Session), are amended by striking out "Family Division" wherever those words appear and substituting in each case "Supreme Court (Family Division)".
10 Subsection 38(1A) of Chapter 240, as enacted by Chapter 5 of the Acts of 1997 (Second Session), is amended by striking out "Family Division of the Supreme Court" in the third line and substituting "Supreme Court (Family Division)".
11 Subsections 43(1) and (2) of Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, are repealed and the following subsection substituted:
12 Subsection 15(1) of Chapter 268 of the Revised Statutes, 1989, the Maintenance Orders Enforcement Act, is repealed and the following subsection substituted:
13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1998 Crown in right of Nova Scotia. Created December 10, 1998. Send comments to legc.office@gov.ns.ca.
