BILL NO. 34

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

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




                          CHAPTER 28
                       ACTS OF 1995-96




                 
                                                               
                                                               
               The Honourable J. William Gillis
                     Minister of Justice


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                               
                               
                   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.