Bill 25 — If the Legislative Assembly of Alberta Bill 25 An Act To Amend the Domestic Relations Act the Attorney General (Legislature 16, Session 1)

L16 S1 4476

Alberta — Bills

1968 Bill 25 If THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 25

An Act to amend The Domestic Relations Act THE ATTORNEY GENERAL First Reading ............................................................. . 'Second Reading ....................................................... ,., Third Reading ............................................. , ............ ,. Printed by L. S. WaU, Queen'. Printer, Edmonton

BILL 25 1968

An Act to amend The Domestic Relations Act (Assented to , 1968) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Domestic Relations Act is hereby amended.

Section 27 is amended by striking out subsections (3) to (5) and by substituting the following:

(3) A party to proceedings under this

section who is dis satisfied with an order or refusal to make an order pur suant to this

section may appeal from the order or refusal either (

a) by way of stated case under the provision of

Part XXIV of the Criminal Code, or (

b) to the district court of the district within which the order or refusal was made, if within 20 days of the date of the order or refusal sought to be appealed from the appellant causes to be served upon the magistrate who dealt with the matter a notice in writ ing containing the name and address of the appellant and of the opposite party, the substance of the order or refusal appealed from including the date and place of the order or refusal, and a statement saying that an appeal is being taken in accordance with the mode prescribed by either clause (

a) or (b), as the case may be. (3a) Notwithstanding anything in subsection (3), a judge of the court to which the appeal is being taken, by order (

a) may, where service cannot be effected upon the magistrate who made the order or refusal, direct that service be made upon some other person in place of the magistrate, (

b) may,. where service cannot be effected upon the OpposIte party, make such order for substituted or other service or for substitution for service of the notice by letter, public advertisement or otherwise as appears just, or may dispense with service, and (c) !llay fix, b~fore or after .the expiration of the per IOd prescrI?ed for servI~e by subsection (3), a further perIOd not exceedIng 20 days within which

Explanatory Notes I. This Bill amends

chapter 89 of the Revised Statutes.

Section 27, subsections (3) to (5) presently read:

(3) A party to proceedings under this

section who is dissatisfied with an order or refusal to make an order pursuant to this

section may appeal from the order or refusal either ~

a) by way of stated case under the provisi,on of

Part XXIV of the Criminal Code, or (

b) to the district court of the district within which the order or refusal was made, if within twenty days of the date of the order or refusal appealed from the party appealing serves on the magistrate who dealt with the matter and on the opposite party a notice in writing con~a:ining the name and address of the appellant and of the opposite party, the sllbstance of the order or refusal appealed from, and the date and place of the order .or refusal.

(4) Immediately on receipt of the notice mentioned in subsection (3) the magistrate shall forward it, together with the order and all other documents relating thereto, and the notes or a transcript of the evidence taken on the hearing, tOo the clerk or deputy clerk of the district court of the district or sub-judicial district within which the application was made. _

(5) Thereupon the clerk .or deputy clerk, as the -case may be, shall notify the judge ·of the district, and the judge shall fix a time, not less than fourteen days after being so notified, and a place, for the hearing of the appeal. The amendments (

a) clarify, (

b) provide for substitutional service, and (

c) provide for time extensions to effect service.

any service requtred to be made pursuant to sub section (3) or this subsection may be effected.

(4) Immediately upon receipt of the notice served pur suant to subsection (3) or (3a) the magistrate or other person served in his stead shall forward it, together with the document containing the order or refusal, all other documents relating thereto, and the notes or a transcript of the evidence taken at the hearing, to the clerk or deputy clerk of the district court of the district within which the application was made.

(5) When subsection (4) has been complied with the clerk or deputy clerk shall notify the appropriate judge of the appeal court or the court, as the case may require, and the judge or court shall fix a time, not less than 14 days after being so notified, and a place, for the hearing of the appeal. 3. This Act comes into force on the day upon which it is assented to. 2

2 Title: 1968 (16th, 1st) Bill 25,

An Act to amend The Domestic Relations Act

Document details

Collection	Alberta — Bills
Citation	L16 S1 4476
Type	bill
Volume / chapter	L16 S1 4476
Language	en
Format	json
Source	PROVINCIAL
Identifier	132947bac839fffe6fd80cb0f2cec0dfde221bcc

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