Bill 2 — Fourth Session, 27Th Legislature, 60 Elizabeth Ii the Legislative Assembly of Alberta Bill 2 Protection Against Family Violence Amendment Act, 2011 Dr. Brown (Legislature 27, Session 4)

L27 S4 9272

Alberta — Bills

2011 Bill 2 Fourth Session, 27th Legislature, 60 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 2 PROTECTION AGAINST FAMILY VIOLENCE AMENDMENT ACT, 2011 DR. BROWN First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 2 Dr. Brown BILL 2 2011 PROTECTION AGAINST FAMILY VIOLENCE AMENDMENT ACT, 2011 ( A s s e n t e d t o , 2 0 1 1 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cP-27 1 The Protection Against Family Violence Act is amended by this Act. 2

Section 1(1) is amended (

a) by repealing clause (b); (

b) in clause (

f) by striking out “designated”. 3

Section 2 is amended (

a) in subsections (1) to (3) by striking out “designated”; (

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

(3.1) A provision of an order referred to in subsection (3)(

b) is to be interpreted as prohibiting communication and contact

1 Explanatory Notes Explanatory Notes 1 Amends

chapter P-27 of the Revised Statutes of Alberta 2000. 2

Section 1(1) presently reads in part: 1(1) In this Act, (b) “designated justice of the peace” means a justice of the peace designated by the Lieutenant Governor in Council for the purposes of this Act; (f) “judge” means a justice of the Court of Queen’s Bench, a judge of the Provincial Court or a designated justice of the peace; 3

Section 2(1) to (4) presently read in part: 2(1) An order under this

section may be granted by a judge of the Provincial Court or a designated justice of the peace, on application without notice to the respondent, if the judge or justice of the peace determines

2 by any means, including through a third party, unless the order expressly provides otherwise. (

c) in subsection (4) by striking out “designated”. 4

Section 3 is amended (

a) in subsection (1) by striking out “designated”; (

b) by repealing subsection (2); (

c) by repealing subsection (3) and substituting the following:

(3) At a hearing referred to in

section 2(6), the justice of the Court of Queen’s Bench (

a) must consider all the evidence that was before the judge of the Provincial Court or justice of the peace who made the order under

section 2, and (

b) may allow additional evidence to be presented. 5

Section 4 is amended by adding the following after subsection (2):

(3) A provision of an order referred to in subsection (2)(

b) is to be interpreted as prohibiting contact by any means, including

2 Explanatory Notes

(2) In determining whether an order should be granted, the judge of the Provincial Court or designated justice of the peace must consider, but is not limited to considering, the following:

(2.1) Without excluding any other circumstance, in determining whether an order under this

section should be granted, by a judge of the Provincial Court or a designated justice of the peace, the following circumstances should not preclude the granting of an order:

(3) An order under this

section may include any or all of the following: (

b) a provision restraining the respondent from communicating with or contacting the claimant and other specified persons;

(4) An order under this

section may be subject to any terms and conditions that the judge of the Provincial Court or designated justice of the peace considers appropriate. 4

Section 3 presently reads in part: 3(1) If a judge of the Provincial Court or a designated justice of the peace grants an emergency protection order, the judge or justice of the peace must, immediately after granting the order, forward to the Court of Queen’s Bench a copy of the order and all supporting documentation, including any notes.

(2) A hearing referred to in

section 2(6) must be based on affidavit evidence and any other sworn evidence.

(3) The evidence that was before the judge of the Provincial Court or designated justice of the peace may also be considered as evidence at the hearing. 5

Section 4(3) clarifies

section 4(2)(b), which currently reads:

(2) An order under this

section may include any or all of the following:

3 through a third party, unless the order expressly provides otherwise. 6 The following is added after

section 13: Offences and penalties 13.1(1) A person who (

a) contravenes or fails to comply with a provision of a protection order, other than a provision referred to in

section 4(2)(d), or (

b) obstructs or interferes with any person who is exercising a right or power or carrying out a duty or function under a provision of a protection order, and who has actual notice of the provision under

section 5, is guilty of an offence.

(2) A person who is guilty of an offence under subsection (1)(

a) or (

b) is liable (

a) for a first offence, to a fine of not more than $5000 or to imprisonment for a term of not more than 90 days, or both, (

b) for a 2nd offence, to impr isonment for a term of not less than 14 days and not more than 18 months, and (

c) for a 3rd or subsequent offence, to imprisonment for a term of not less than 30 days and not more than 24 months. 7 This Act comes into force on Proclamation.

3 Explanatory Notes (

b) a provision restraining the respondent from contacting the claimant or associating in any way with the claimant and from subjecting the claimant to family violence; 6 Offences and penalties. 7 Coming into force.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2011 (27th, 4th) Bill 2, Protection Against Family Violence Amendment Act, 2011

Document details

Collection	Alberta — Bills
Citation	L27 S4 9272
Type	bill
Volume / chapter	L27 S4 9272
Language	en
Format	json
Source	PROVINCIAL
Identifier	419d1a5dc2366e763d0fdecc4bbd71cb361d7039

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