Maintenance Enforcement Act (amended)

BILL NO. 69

(as introduced)

1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2006

Private Member's Bill

Maintenance Enforcement Act
(amended)

Michel Samson
Richmond

First Reading: November 1, 2006

(Explanatory Notes)

Second Reading: November 10, 2006

Third Reading: November 23, 2006 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the Maintenance Enforcement Act to

(a) require the implementation of a system allowing for refusal of issuance of licences or permits under the Wildlife Act to defaulting payors or cancellation of licences or permits already issued to them; and

(b) requires the Government to negotiate with the Atlantic Lottery Corporation and the other Atlantic provinces to implement a system allowing the Director of Maintenance Enforcement to seize lottery winnings of more than $1,000 won by defaulting payors.

Clause 2 adds regulation-making authority to the Maintenance Enforcement Act to support any system implemented respecting seizure of lottery winnings from defaulting payors.

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 Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, is amended by adding immediately after Section 60A the following Sections:

60B (1) The Minister of Justice and the Minister of Natural Resources shall, no later than December 31, 2007, implement a system under which

(a) issuance of a licence or permit pursuant to the Wildlife Act may be refused to a payor who is in default under a maintenance order; and

(b) a licence or permit issued pursuant to the Wildlife Act to a payor who is in default under a maintenance order may be cancelled.

(2) The Governor in Council may make regulations implementing the system referred to in subsection (1).

(3) The exercise by the Governor in Council of the authority contained in subsection (2) is regulations within the meaning of the Regulations Act.

60C (1) The Minister of Justice and the Minister of Finance shall enter negotiations with the Atlantic Lottery Corporation and the governments of the provinces of New Brunswick, Newfoundland and Labrador and Prince Edward Island to implement a system under which

(a) screening of lottery winners who have won prizes of greater than one thousand dollars will take place to determine if those winners are payors in default of maintenance orders;

(b) a prize, referred to in clause (a) that is won by a payor who is in default under a maintenance order, is to be held by the Atlantic Lottery Corporation until it is dealt with in accordance with the regulations; and

(2) The Minister of Justice shall, no later than December 31, 2007, report to the Assembly on the outcome of the negotiations referred to in subsection (1).

2 Subsection 61(1) of Chapter 6, as amended by Chapter 40 of the Acts of 2004, is further amended by adding immediately after clause (ia) the following clause:

(ib) respecting the manner in which prizes won from the Atlantic Lottery Corporation by payors who are in default under maintenance orders are to be held by the Atlantic Lottery Corporation and are to be dealt with by the Director for the purpose of any system to be implemented pursuant to Section 60C;

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2006 Crown in right of Nova Scotia. Created December 1, 2006. Send comments to legc.office@novascotia.ca.

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