Second

Session, 50th General Assembly

Charles III, 2024

BILL 97

AN ACT TO AMEND THE

FAMILY VIOLENCE PROTECTION ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE BERNARD

DAVIS

Minister of Justice

and Public Safety

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Family

Violence Protection Act to

allow a family member or a

person in a care relationship to make an application for an emergency

protection order; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE FAMILY VIOLENCE

PROTECTION ACT

Analysis

S.2 Amdt .

Definitions

S.3 Amdt .

Family violence defined

S.4 Amdt .

Application

process

S.5 Amdt .

Granting of emergency protection order without notice to another person

S.8 Amdt .

Respondent to have notice

S.9 Amdt .

Right to review

S.12 Amdt .

Application to vary or terminate

S.14 Amdt .

Effect on property and leasehold interest

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2005 cF-3.1

as amended

(1) Section 2 of the Family Violence

Protection Act is amended by adding immediately after paragraph (

a) the

following:

(a.1) "care relationship" means a

relationship between 2 persons, whether or not they have ever resided together,

where one person is or was dependent on the other person for assistance in the

person's daily life activities because of a disability, illness or impairment;

(2) Subparagraph 2(b)(ii) of the Act is amended by

deleting the words "his or her" and substituting the words "the

applicant's".

2. (1) Paragraph 3(1)(

a) of the Act is amended by

deleting the words "his or her" and substituting the words "the

applicant's".

(2) Paragraph 3(1)(

f) of the Act is amended by

deleting the words "his or her" and substituting the words "the

applicant's".

3. Subsection 4(1) of the Act is repealed and the

following substituted:

Application

process

(1) A n application for an emergency protection order may be made

by a person who

(

a) resides wi th or has

resided with the respondent in a conjugal relationship, whether within or

outside marriage;

(

b) is, together with

the respondent, a parent of one or more children, regardless of the person's

and the respondent's marital status or whether the person and the respondent have

resided together;

(

c) is related by blood, marriage

or adoption to the respondent, regardless of whether the person resides with or

has resided with the respondent; or

(

d) is or was in a care relationship with the

respondent.

4. Subsection 5(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

applicant's".

5. Subsection 8(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

respondent".

6. Paragraph 9(1)(

a) of the Act is amended by

deleting the words "his or her" and substituting the words "the

respondent's".

7. Subsection 12(6) of the Act is amended by

deleting the words "he or she" and substituting the words "the

judge".

8. Subsection 14(3) of the Act is amended by deleting

the words "his or her" and substituting the words "the

applicant's".

King's Printer