Legislative Assembly of New Brunswick
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An Act to Amend the Family Services Act

Legislature :
55
Session :
1
Bill No. :
21
Member :
Hon. Mr. Huntjens
First Reading :
2003-12-9
Second Reading :
2003-12-12
Committee of the Whole :
2004-6-10
Amended :
Third Reading :
2004-6-11
Royal Assent :
2004-6-30
Download PDF :
Bill 21

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 54 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended by adding after subsection (2) the following:



54(2.1)          Where, before the expiration of a supervisory order, the Minister applies under subsection 60(2) to have the supervisory order extended but the Court does not dispose of the application before the expiration of the supervisory order, the supervisory order remains in effect and the Minister continues to have, pending the disposition of the application, supervision of the child, the child's family, the management of their property and other affairs having a substantial bearing on the child's security and development.



2                           Section 55 of the Act is amended



(a)               in subsection (2.1) by striking out "Where" and substituting "Notwithstanding subsection (2), where";



(b)               by adding after subsection (2.1) the following:



55(2.2)          Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies for a guardianship order under subsection 56(1) but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.



3                           Section 58 of the Act is amended by adding after subsection (4) the following:



58(4.1)          Where, before the expiration of a protective intervention order, the Minister applies under subsection 60(2) to have the protective intervention order extended but the Court does not dispose of the application before the expiration of the protective intervention order, the protective intervention order remains in effect pending the disposition of the application.



EXPLANATORY NOTES



Section 1



New provision.



Section 2



(a)               The existing provision is as follows:



55(2.1)          Where, before the expiration of a custody order, the Minister applies under subsection 60(2) to have the custody order extended but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.



(b)               New provision.



Section 3



New provision.

 

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