BILL 2 - An Act to Amend the Family Services Act

BILL 2

An Act to Amend the Family Services Act

 

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

1 Section 30 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, formerly the Child and Family Services and Family Relations Act, chapter C-2.1 of the Acts of New Brunswick, 1980, is amended

 

(a) by adding after subsection (3) the following:

30(3.1) Proceedings with respect to an offence under subsection (3) may be instituted at any time within six years after the time when the subject matter of the proceedings arose.

(b) by adding after subsection (5) the following:

30(5.01) No action shall be commenced against a person in relation to the giving of information to the Minister under this section except with leave of the court.

30(5.02) An application for leave shall be commenced by a Notice of Application served on the respondent and the Minister in accordance with the Rules of Court.

30(5.03) On an application for leave, leave shall be granted only if the applicant establishes, by affidavit or otherwise, a prima facie case that the person who gave the information to the Minister did not give the information in good faith.

 

30(5.04) If leave is not granted, the court may order the applicant to pay all or any portion of the costs of the application.

30(5.05) An action against a person in relation to the giving of information to the Minister under this section is a nullity if the action is commenced without the leave of the court.

2 Paragraph 31(1)(g) of the French version of the Act is amended by striking out "de fournir" and substituting "de lui fournir".

3 Section 35.1 of the Act is amended by adding after subsection (2) the following:

35.1(2.1) No action shall be commenced against a person in relation to the providing of information to the Minister under this section except with leave of the court.

35.1(2.2) An application for leave shall be commenced by a Notice of Application served on the respondent and the Minister in accordance with the Rules of Court.

35.1(2.3) On an application for leave, leave shall be granted only if the applicant establishes, by affidavit or otherwise, a prima facie case that the person who provided the information to the Minister did not provide the information in good faith.

 

35.1(2.4) If leave is not granted, the court may order the applicant to pay all or any portion of the costs of the application.

35.1(2.5) An action against a person in relation to providing information to the Minister under this section is a nullity if the action is commenced without the leave of the court.

4 Paragraph 115(6)(s) of the French version of the Act is amended by striking out "toute autre" and substituting "tout autre".

5 Subsection 123(3) of the French version of the Act is amended in the portion preceding paragraph (a) by striking out "est défaut" and substituting "est en défaut".

 

EXPLANATORY NOTES

Section 1

(a) This amendment enables a prosecution to commence at any time within six years after an offence is committed under subsection 30(3) of the Family Services Act.

 

(b) This amendment requires that the leave of the court be obtained before an action is commenced against a person who gives a report under section 30 of the Family Services Act. The court may grant leave only if the applicant establishes a prima facie case that the person who made the report did not do so in good faith. The court may order an applicant to pay all or part of the costs of the application if leave is not granted.

Section 2

A grammatical error is corrected.

Section 3

This amendment requires that the leave of the court be obtained before an action is commenced against a person who provides information to the Minister under section 35.1 of the Family Services Act. The court may grant leave only if the applicant establishes a prima facie case that the person did not provide the information in good faith. The court may order an applicant to pay all or part of the costs of the application if leave is not granted.

 

Section 4

A typographical error is corrected.

Section 5

A grammatical error is corrected.