BILL NO. 41
(as introduced)
5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013
Child Protection Intervention Act
The Honourable Jamie Baillie
Cumberland South
First Reading: April 15, 2013
Second Reading:
Third Reading:
An Act to Protect Children
from Those Who Might Harm Them
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Child Protection Intervention Act.
(a) "child" means a person under 16 years of age;
(b) "court" means the Supreme Court of Nova Scotia;
(c) "justice of the peace" means a presiding justice of the peace who has been designated for the purpose of this Act;
(d) "Minister" means the Minister of Justice;
(e) "prescribed" means prescribed by the regulations;
(f) "respondent" means any person against whom an order is sought or made under this Act.
3 The Chief Judge of the Provincial Court of Nova Scotia shall designate justices of the peace for the purpose of this Act.
4 (1) In this Section, "substantial risk" means a real chance of danger that is apparent on the evidence.
(2) A child or group of children, whether specifically identified or not, is in need of protection if
(a) a child, whether specifically identified or not, has suffered physical harm inflicted by the respondent or there is a substantial risk that the child or one or more children in the group of children will suffer physical harm inflicted by the respondent; or
(b) a child, whether specifically identified or not, has been sexually abused by the respondent or there is a substantial risk that the child or one or more children in the group of children will be sexually abused by the respondent.
(3) Where, upon the ex parte application by the Minister to a justice of the peace, the justice of the peace determines there are reasonable grounds to suspect that a respondent is causing or will cause any child or group of children, whether specifically identified or not, to be in need of protection, the justice of the peace may make an order restraining the respondent from having contact with the child or group of children or any child or group of children.
(4) In determining whether to make an order pursuant to this Section, the standard of proof is to be on a balance of probabilities.
(5) The justice of the peace may make the order for a period not exceeding 30 days.
(6) The order prevails over any order respecting custody of or access to a child, including an order made under the Divorce Act (Canada), the Maintenance and Custody Act or the Children and Family Services Act.
(7) The order is effective upon being made but does not bind a respondent until the respondent has notice of the order.
5 (1) Notice of an order made pursuant to Section 4 must be given in the prescribed form and manner.
(2) Where, upon application to a justice of the peace, it appears that
(a) attempts at service or substituted service of the notice on the respondent have failed; and
(b) the respondent is evading service,
the justice of the peace may by order dispense with service of the notice and the respondent is thereby deemed to have notice of the order.
6 (1) As soon as practicable after making an order pursuant to Section 4 and in any event within two working days, the justice of the peace shall forward a copy of the order and all supporting documentation, including a transcript or tape recording of the proceedings, to the court, in the prescribed manner.
(2) Within the prescribed period of time of the receipt by the court of the order and all supporting documentation, a judge of the court shall review the order and, where the judge is satisfied that there was sufficient evidence before the justice of the peace to support the making of the order, the judge shall
(b) add terms to, reset the duration of the order or otherwise vary the order,
and direct a hearing of the matter in whole or in part before a judge of the court.
(3) Where the judge is not satisfied that there was sufficient evidence before the justice of the peace to support the making of the order, the judge shall terminate the order.
(4) Where a judge directs that a matter be heard,
(a) the clerk of the court shall issue a summons in the prescribed form requiring the respondent to appear before the court; and
(b) the clerk of the court shall give notice of the hearing to the Minister and the Minister may fully participate in the hearing by counsel.
(5) The evidence that was before the justice of the peace must be considered at the hearing.
(6) Where the respondent fails to attend the hearing, the order may be confirmed in the respondent's absence.
(7) At the hearing the judge shall terminate the order unless there are reasonable grounds to believe that any child or group of children, whether specifically identified or not, is in need of protection, in which case the judge may issue any order that protects any child with whom the respondent might otherwise have contact, and the order may include provisions prohibiting the respondent from
(a) having contact with any child or group of children or children in general;
(b) holding a particular job or type of employment;
(c) attending at or near any location or locations; and
(d) involvement with any type of activity that relates to children.
(8) Where the judge does not terminate the order, the judge may confirm, add terms to, set the duration of or otherwise vary or terminate the order.
7 (1) Notwithstanding subsection 6(2) and at any time after a respondent has been served with an order made pursuant to Section 4, the court, upon application by the Minister or the respondent named in the order, may
(a) make changes to or terminate any provision of the order;
(b) establish a period for which any provision in the order is to remain in force; or
if there has been a material change in circumstances.
(2) On an application pursuant to subsection (1), the evidence before the justice of the peace on the application for the order made pursuant to Section 4 must be considered.
(3) Where the Minister makes an application pursuant to this Section, the Minister may combine it with an application under subsection 63(3) of the Children and Family Services Act.
8 (1) Where specifically identified, the clerk of the court and the justice of the peace shall keep the child's or group's address confidential.
(2) The court may order that the hearing or any part of the hearing be held in private.
(3) At the request of the Minister, the court may order that the court file only be accessible to the Minister and respondent, and their counsel, if the court believes that public access to the file
(a) would not be in the best interests of the any child; or
(b) would be likely to identify, have an adverse effect on or cause hardship to any child.
(4) At the request of the Minister, the court may make an order prohibiting the publication of any report of a hearing or any part of a hearing if the court believes that the publication of the report
(a) would not be in the best interests of any child; or
(b) would be likely to identify, have an adverse effect on or cause hardship to any child.
9 Nothing in this Act affects a duty set out in Section 23 or 24 of the Children and Family Services Act.
10 No action or other proceeding may be instituted against any person for any act done in good faith or any alleged neglect or default in good faith, in the execution or intended execution of the person's duty under this Act.
(a) fails to comply with an order made pursuant to this Act; or
(b) publishes any information in contravention of an order made pursuant to this Act,
is guilty of an offence and upon summary conviction is liable, in the case of a first offence, to a fine of not more than $5,000 or to imprisonment for a term of not more than three months, or to both, and, in the case of a second or subsequent offence, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both.
12 A peace officer may arrest without warrant a person the peace officer believes on reasonable and probable grounds to have contravened an order made pursuant to this Act.
13 (1) In addition to its powers in respect of contempt, the court may punish by fine or imprisonment, or by both, any wilful contempt of or resistance to its process, rules or orders under this Act, but the fine may not exceed $5,000 nor shall the term of imprisonment exceed 90 days.
(2) An order for imprisonment under subsection (1) may be conditional upon default in the performance of a condition set out in the order.
14 (1) The Governor in Council may make regulations
(a) prescribing the form and manner of an application for an order pursuant to Section 4;
(b) prescribing the manner of providing information for review by a court and the period of time within which a review must be held;
(c) prescribing the form and manner of providing any notice or summons required to be provided pursuant to this Act, including prescribing substituted service and a rebuttable presumption of service.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2013 Crown in right of Nova Scotia. Created April 15, 2013. Send comments to legc.office@novascotia.ca.
