BILL NO. 84

1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998

Government Bill

Family Division of Supreme Court Statute Amendment (1998) Act
(amended)

CHAPTER 12 OF THE ACTS OF 1998

 

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)

Royal Assent: December 3, 1998

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.

FAMILY MAINTENANCE 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2 Sections 44 and 45 of Chapter 160 of the Revised Statutes, 1989, the Family Maintenance Act, are repealed and the following Section substituted:

44 An appeal lies to the Nova Scotia Court of Appeal from any decision, judgment or order made pursuant to this Act by the court or the Supreme Court of Nova Scotia (Family Division).

JUDICATURE ACT

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:

(j) "Supreme Court (Family Division)" means the Supreme Court of Nova Scotia (Family Division) and includes a judge thereof whether sitting in court or in chambers.

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:

(4) Every document relating to a proceeding in the Supreme Court (Family Division) shall be marked with the name of the Supreme Court (Family Division).

5 Section 18 of Chapter 240 is repealed.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:

(f) applications under the Testators' Family Maintenance Act;

(c) striking out clause (p);

(d) striking out clause (r); and

(e) striking out clause (w) and substituting the following clause:

(w) resulting trust or unjust enrichment involving persons who have cohabited including, but not limited to, relief by way of constructive trust or a monetary award;

(2) Subsection 32A(2) of Chapter 240, as enacted by Chapter 5 of the Acts of 1997 (Second Session), is amended by striking out "Family Division" in the second line and substituting "Supreme Court (Family Division)".

7 Section 32B of Chapter 240 is repealed and the following Section substituted:

32B (1) Any judge of the Supreme Court may hear and determine proceedings brought in the Supreme Court (Family Division) and for such purpose such judge is a judge of the Supreme Court (Family Division).

(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)".

MAINTENANCE ENFORCEMENT ACT

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:

(1) An appeal lies to the Nova Scotia Court of Appeal from an order made pursuant to this Act by the court or the Supreme Court of Nova Scotia (Family Division), within thirty days of the date of the order appealed from.

MAINTENANCE ORDERS ENFORCEMENT ACT

12 Subsection 15(1) of Chapter 268 of the Revised Statutes, 1989, the Maintenance Orders Enforcement Act, is repealed and the following subsection substituted:

(1) Subject to subsections (2) and (3), a claimant, respondent or the Attorney General may appeal any ruling, decision or order of the Family Court or the Supreme Court of Nova Scotia (Family Division) to the Nova Scotia Court of Appeal.

13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

 

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