Bill 53 — Second Session, 22Nd Legislature, 39 Elizabeth Ii the Legislative Assembly of Alberta Bill 53 Parentage and Maintenance Act (Legislature 22, Session 2)

L22 S2 2728

Alberta — Bills

1990 BILL 53 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 53 PARENTAGE AND MAINTENANCE ACT MR. TANNAS First Reading Second Reading Committee of the Whole Thkd Reading Royal Assent

Bill 53 Mr. Tannas BILL 53 1990 PARENTAGE AND MAINTENANCE ACT (Assented to , 1990) Table of Contents

Definitions 1 Application 2 Dkector 3 Request for assistance 4 Access to information 5 Agreement 6 Application 7 Power of the Dkector to intervene 8 Siunmons 9 Failure to appear 10 Exclusion from hearing 11 Presumption of paternity 12 Blood tests, etc. 13 Evidence 14 Order declaring parentage 15 Order for payment of maintenance 16 Change in care and control 17 Application to vary or terminate 18 Termination of order 19 Security 20 New evidence 21 Other remedies 22 Disclosure of information 23 Regulations 24 Transitional 25 Consequentials 26-32 Coming into force 33

HER MAJESTY, by and witii die advice and consent of die Legislative Assembly of Alberta, enacts as foUows:

Definitions 1 In dlis Act, Application (a) "agreement" means an agreement under

section 6, and includes a variation of the agreement; (b) "chUd" means a child bom of parents who are not married to each odier; (c) "Court" means the Court of Queen's Bench; (d) "Department" means the Department of Family and Social Services; (e) "Dkector" means the Dkector appointed under

section 3(1); (f) "Dkector of Maintenance Enforcement" means die Dkector of Maintenance Enforcement under the Maintenance Enforcement Act; (g) "fatiier" means (

i) die biological father of a chUd, or (ii) the person who caused the pregnancy of a mother; (h) "filed agreement" means an agreement that has been fded with the Dkector of Maintenance Enforcement; (i) "Minister" means the Minister of FamUy and Social Services; (j) "mother" means (

i) die biological mother of a chUd, or (ii) the expectant mother of a child; (k) "order" means an order made under tiiis Act and includes a variation of the order; (1) "parent" means a modier or a father. 2 This Act applies to any person, including a parent who is under 18 years of age, but the Court may appoint a person to represent the interests of a minor in an application to the Court under this Act

Director Request fa* assistance Access to infonnaticHi Agreement 3(1) In accordance with die Public Service Act tiiere may be appointed a Dkector who shall administer diis Act under the dkection of the Minister.

(2) The Dkector may in writing delegate to an employee of the Department any power or duty conferred or imposed on him by this Act or the regulations.

(3) A delegation by tiie Dkector under subsection (2) shaU be admitted in evidence as proof of die facts stated in die delegation witiiout proof of tiie signature or authority of the Dkector. 4(1) A request for assistance relating to tiie maintenance of a child or a motiier may be made to the Dkector by (

a) a parent (

b) achUd, (

c) a person who has die care and control of a child, or (

d) a person who has undertaken to provide maintenance for a mother or a chUd.

(2) On receipt of a request under subsection (1), the Dkector may (

a) enter into or assist anodier person in entering into an agreement, (

b) make or assist another person in making an application to the Court under this Act, and (

c) take any other action that, in the Dkector's opinion, is in the best interests of die child or the mother or of both, 5(1) A person who makes a request under

section 4 has a right of access to any records maintained by the Dkector relating to diat person's personal history and, on request, the Dkector shaU provide the person with access to the records.

(2) A person referred to in subsection (1) may in writing authorize the Dkector to provide access to that person's records to any other person named in the audiorization, and on receipt of the audiorization the Dkector shall provide the person named in the authorization with access to the records. 6(1) A parent may enter into an agreement in the form prescribed in the regulations witii

(

a) die Dkector, (

b) the odier parent or (

c) any otiier person having die care and control of the parent's chUd, whereby the parent agrees to pay any or all of the expenses referred to in subsection (2).

(2) An agreement may refer to any or all of the following expenses: (

a) reasonable expenses for die maintenance of the mother (

i) during a period not exceeding 3 months preceding the birth of die chUd, (ii) at the birth of tiie chUd, and (iu) during a period after the birth of the child; (

b) reasonable expenses for die maintenance of the child before the date of the agreement; (

c) montiily or periodic payments for the maintenance of the chUd untU die child reaches the age of 18 years; (

d) expenses of die burial of the chUd if the child dies before die date of the agreement; (

e) expenses incurred for the purpose of determining parentage.

(3) An agreement may provide tiiat tiie UabiUty of a parent for tiie expenses referred to in subsection (2), other dian for die maintenance of a chUd under subsection (2)(c), shall be satisfied by the payment of an amount specified in the agreement.

(4) An agreement to which a fadier is a party must contain his acknowledgment tiiat he is or may be the fatiier.

(5) The parties to a fUed agreement may vary the agreement at any time by entering into a new agreement and fUing the new agreement with the Dkector of Maintenance Enforcement

(6) An agreement that is not entered into in accordance with this

section does not prevent a person from making an application under

section 7. Application 7(1) Subjcct to subscctiou (5), an appUcation may be made to die Court for an order

Power of the Director to intervene Summons (

a) declaring that the respondent is a parent for the purposes of tilis Act, and (

b) dkecting die payment of any or all of the expenses referted to in

section 16(2).

(2) An appUcation under subsection (1) may be made by (

a) a parent (

b) achUd, (

c) a person who has the care and conttol of a child, or (

d) the Dkector on behalf of a recipient of a social aUowance as defined in the Social Development Act.

(3) An appUcation must be commenced by filing with die Court an affidavit in die form prescribed in the regulations setting out tiie facts relevant to tiie appUcation.

(4) If any one of 2 or more persons might be a parent, each of those persons may be named as a respondent in the application.

(5) No application may be made under this

section in respect of a respondent who is deceased. 8 If an applicant becomes the recipient of a social allowance as defined in the Social Development Act after an appUcation has been commenced under

section 7, the Dkector may intervene in and make representations at the appUcation. 9(1) On the fiUng of an affidavit under

section 7(3), die Court or the clerk of the Court shaU issue a summons to the respondent requking the respondent to appear before die Court at die time and place stated in die summons to show cause why an order under

section 7(1) should not be made against the respondent

(2) The clerk of the Court may in writing delegate to any member of his staff the power to issue a summons under subsection (1).

(3) Unless the Court otherwise dkects, the summons shall be served personally on die respondent not less than 2 days before the date stated in the summons for die hearing of die appUcation, and the Court may authorize service outside Alberta.

(4) Instead of issuing a summons under subsection (1), or at any time after the issuance of a summons and before the date stated in the summons for die hearing of tiie appUcation, the Court may, on evidence satisfactory to it, dkect tiiat a wartant in die form

Failure to appear Exclusion from hearing prescribed in the regulations be issued for the arrest of die respondent.

(5) When a respondent who has been served with a summons or who has been bound over to appear pursuant to subsection (6) does not appear at the time and place stated in the summons and no reasonable excuse is offered for his non-appearance, the Court may dkect that a warrant in the form prescribed in the regulations be issued for the arrest of the respondent.

(6) The Court or a justice of the peace before whom a respondent is brought on a warrant may bind die respondent over to appear at the hearing of the application and may requke die respondent to enter mto a recognizance (

a) with or without a cash amount to be deposited widi the Court or the justice of the peace, or (

b) witii or without a surety. 10(1) If a respondent (

a) on whom a summons has been served, (

b) who has entered into a recognizance, or (

c) on whom a summons has been served outside Alberta and who has submitted to the jurisdiction of tiie Court, faUs to appear at tiie hearing of tiie application, tiie Court, after hearing the evidence presented to it, may make any order that it could have made if the respondent had appeared at the hearing.

(2) If an order is made under subsection (1) against a respondent who faUs to appear in accordance with his recognizance, die Court may dkect that aU or a part of the cash deposit or surety provided under

section 9(6) be appUed in satisfaction of the order or in any otiier way that tiie Court dkects.

(3) If an order is made under subsection (1), tiie respondent may, widiin 30 days of die date of the order, apply to die Court for a rehearing, and die Court may dkect a rehearing and may confirm, vary or reverse the order, but no costs shall be awarded to die applicant. 11

(1) Subject to subsection (2), if the Court is satisfied tiiat (

a) tiie evidence to be presented at die hearing would be prejudicial to a person who is die subject of tiie hearing, or

(

b) it would promote the proper administiation of justice to exclude a person from the hearing, the Court may exclude any person from aU or part of the hearing.

(2) The Court may not exclude from the hearing (

a) die Dkector or his delegate, (

b) die appUcant or respondent in the appUcation, or (

c) a lawyer representing any of the parties to tiie appUcation. Presumption of 12(1) For tiio purposcs of this Act unless the conttary is proven patermty ^^ ^ balance of probabUities, there is a presumption that a person is the father of a chUd in any of the foUowing ckcumstances: (

a) the person was married to the mother of the child at the time of the birth of the chUd; (

b) die person was married to die modier of die chUd and die marriage was terminated by (

i) a decree of nuUity of marriage granted not more than 300 days before die birth of die child, or (ii) a judgment of divorce granted not more than 300 days before die bkth of die child; (

c) the person married the mother of the chUd after the birth of the chUd and acknowledged that he was die father of the child; (

d) die person cohabited with the mother of the chUd for at least one year immediately before the birth of the chUd; (

e) the person is registered as the father of the chUd at the joint request of himself and the mother of the chUd under the Vital Statistics Act or similar legislation in a province other than Alberta; (

f) the person has been found by a court of competent jurisdiction in Canada to be the fadier of the child.

(2) Where ckcumstances exist tiiat give rise to a presumption under subsection (1) that more than one person might be tiie father of a chUd, no presumption as to paternity may be made. Blood tests, etc. -13(1) Qn the request of a party to an application under diis Act, the Court may make an order granting leave to obtain blood tests

Evidence Order declaring parentage or any other tests diat the Court considers appropriate from any person named in die order and to submk die results in evidence.

(2) An order under subsection (1) may be made subject to any terms and conditions the Court considers proper.

(3) No test shall be performed on a person without his consent.

(4) If a person named in an order under subsection (1) is not capable of giving a consent because of age or incapacity, the consent may be given by the guardian of the person.

(5) If a person named in an order under subsection (1) or the person's guardian, as the case may be, refuses to consent to a test referred to in die order, the Court may draw any inference it considers appropriate. 14(1) Notwithstanding any other Act, in an appUcation under tiiis Act a married woman is a competent and compellable wimess to testify as to the patemity of her child in respect of whom the application is made.

(2) Notwithstanding any other Act, in an application under this Act a respondent is a competent and compeUable wimess, and if called as a wimess by the applicant the respondent may, without notice or tiie payment of conduct money, be cross-examined by or on behalf of the applicant, but the appUcant is not bound by the respondent's evidence by reason only of having called die respondent as a wimess.

(3) Evidence given by a party to an appUcation under this Act diat tends to show that the person giving the evidence had sexual intercourse with any person is not admissible in evidence against the person giving the evidence in any matrimonial action to which tiiat person is a party.

(4) In an application under diis Act tiie Court may (

a) compel the attendance of any person and requke him to give evidence on oatii and to produce any documents and tilings that may be requked, and (

b) exercise the powers of a magisttate under

Part XXII of die Criminal Code (Canada). 15(1) If the Court is satisfied tiiat tiie respondent is a parent tiie Court may make an order declaring the respondent to be a parent for die purposes of tiiis Act.

(2) If 2 or more persons are named as respondents in an application and die Court (

a) is satisfied that any one of tfie respondents might be a parent, and (

b) is unable to determine which respondent is a parent, the Court may make an order declaring each of the respondents who, in the opinion of die Court, might be a parent to be a parent for the purposes of diis Act.

(3) No order may be made under this

section if, at the date of the appUcation for tiie order, the child in respect of whom the application is made has reached the age of 18 years. Order for 16(1) If an Order is made under

section 15, tiie Court may, subject payment of j^ subscctiou (3), make a further order mamtenance ^ ' (

a) dkecting the respondent to pay any or aU of the expenses referred to in subsection (2), or (

b) if the order is made under

section 15(2), dkecting the respondents to pay any or all of the expenses referred to in subsection (2) in any proportion the Court considers appropriate.

(2) A dkection in an order under this

section may refer to any or aU of the following expenses: (

a) reasonable expenses for the maintenance of the mother (

i) during a period not exceeding 3 months preceding the birth of die chUd, (ii) at the bkth of die chUd, and (iu) during a period after the bkth of the child diat, in the opinion of die Court, is necessary as a consequence of the bkth of die chUd; (

b) reasonable expenses for the maintenance of the child before the date of the order; (

c) monthly or periodic payments for the maintenance of the child untU the child reaches the age of 18 years; (

d) expenses of the burial of die child if die child dies before the date of the order; (

e) costs of any or aU Court proceedings taken under this Act. 9

Change in care and control

(3) No order may be made under this

section (

a) ki respect of an expense referred to in subsection (2)(

b) or (

c) unless die application for tiie order is commenced before the chUd in respect of whom the application is made reaches the age of 18 years, or (

b) in respect of an expense referred to in subsection (2)(

a) or (

d) unless the appUcation for the order is commenced within 2 years after die expense was incmred.

(4) In making an order under this section, the Court shall fix an amount to be paid for the maintenance of a child that wUl enable the child to be maintained at a reasonable standard of living having regard to the financial resources of each of the child's parents.

(5) An order may provide that the Uability of a parent for the expenses referred to in subsection (2), other tiian for the maintenance of a chUd under subsection (2)(c), shall be satisfied by the payment of an amount specified in the order.

(6) When an order is made under this section, the appUcant shall provide certified copies of the order to any person declared to be a parent under

section 15. 17(1) An order or agreement may provide tiiat a payment for die maintenance of a child shall be made to any person who assumes the care and conttol of the child, notwithstanding diat the person is not a party to the order or agreement.

(2) If a person is not a party to an order or a fUed agreement and assumes die care and conttol of a child after the date of die order or filed agreement, the person shaU, widiin 30 days of assuming the care and conttol of the child, notify the Dkector of Maintenance Enforcement by registered mail of the change in care and conttol.

(3) The Dkector of Maintenance Enforcement is not responsible for the repayment of any money disbursed by him after a change in the care and conttol of a child of which he has not been notified under subsection (2). Application to 18(1) An appUcatiou to vary or terminate an order or a fded Simte agreement may be made to die Court by (

a) a person requked by the order or filed agreement to make a payment, (

b) a parent of a child who is the subject of tiie order or fded agreement, 10

(

c) a person who has die care and conttol of a child who is die subject of tiie order or filed agreement, (

d) a child who is die subject of die order or filed agreement, or (

e) die Dkector on behalf of a recipient of a social aUowance as defined in die Social Development Act.

(2) The Court may vary or terminate an order or a fded agreement if k is satisfied tiiat there has been a substantial change in (

a) tiie abiUty of a parent to pay the expenses specified in the order or filed agreement, (

b) die needs of the chUd, or (

c) the care and conttol of die child.

(3) An order under tiiis

section may not vary an amount specified under

section 6(3) or 16(5). Termination of 19(1) A provisiou in an ordcr or agreement that dkects the "**" payment of maintenance for a chUd terminates on the death or adoption of tiie child.

(2) On the termination of an order or a fded agreement, the person who has the care and conttol of die child shall, within 30 days of the termination, notify the Dkector of Maintenance Enforcement by registered mail tiiat the order or filed agreement has been terminated.

(3) The Dkector of Maintenance Enforcement is not responsible for die repayment of any money disbursed by him after the termination of an order or a fUed agreement of which he has not been notified under subsection (2). Security 20 When an order under

section 16 is made or varied, die Court may, after inquiring into the financial resources of the person who is dkected by the order to make a payment, requke die person to provide security as dkected by die Court for the payments to be made under the order. New evidence 21 Where an order has been made or an application has been dismissed under this Act, the Court may, on the discovery of new evidence or fraud, grant leave to re-open and may re-open and consider a previous decision of the Court. 11

othCT remedies 22 Nothing in tilis Act takes away any right of action or remedy that witiiout this Act might have been maintained against a person. Disclosure of 23(1) No porsou employed or assisting in die administtation of infonnaticm ^^lis Act shaU disclosc or communicato to any otiier person information obtained by him in the performance of his duties diat deals widi the personal history or records of any person, except (

a) in Court proceedings under this Act (

b) with die written consent of die Minister, or (

c) in accordance with

section 5. (2) Subsection (1) does not apply to a disclosure diat is considered necessary for the proper administtation of this Act and that is made to (

a) an employee of the Department or of any other department or agent of the Govemment, (

b) an official of a municipal govemment or of tiie Govemment of Canada or of any province or territory of Canada or an agent of any of those governments, or (

c) a person acting as an agent of the Department.

(3) Unless the Court orders otherwise, no person shall publish in any manner a report or notice of a hearing under this Act diat discloses (

a) die name of a child or a parent of tiie chUd, or (

b) any information tiiat might identify a child or a parent of the chUd.

(4) Notiiing in diis

section prevents the clerk of die Court from (

a) publishing a notice of a hearing, or (

b) releasing information to a party to an application under this Act or his lawyer, if the pubUcation or release of information is necessary for the proper administi:ation of justice. 12

(5) A person who conttavenes this

section is guilty of an offence and liable to a fine of not more than $2000 and in default of payment to a term of imprisonment of not more than 6 months. Regulations 24 The Minister may make regulations (

a) goveming the duties of the Dkector; (

b) prescribing mles under which applications under this Act are to be made and deaUng generaUy with aU matters of procedure under diis Act; (

c) prescribing forms and providing for thek use. Transitional 25(1) A complaint made uruler the Maintenance and Recovery Act in respect of which a summons has rwt been issued under that Act before the coming into force of this Act ceases to have any effect.

(2) A complaint made under the Maintenance arui Recovery Act in respect of which a summons has been issued under that Act but has not been served on the respondent before the coming into force of this Act ceases to have any effect.

(3) A complaint made under the Maintenance and Recovery Act in respect of which a summons has been issued uruier that Act and served on the respondent before the coming into force of this Act where the date of the commencement of the hearing of the application is ctfter the coming into force of this Act shall be continued under this Act. Amends RSA 1980 cF-2 Amends RSA 1980 cI-9 Amends SA 1985 cM-0.5 Amends RSA 1980 cM-2 26 The Family Relief Act is amended in

section l(b)(ii)(

B) by striking out "Maintenance and Recovery Act" and substituting "Parentage and Maintenance Act". 27 The Intestate Succession Act is amended in

section 14(1 )(

b) by striking out "Children of Unmarried Parents Act, a Child Welfare Act or tiie Maintenance and Recovery Act" and substituting "Child Welfare Act or the Parentage and Maintenance Act or any prior Act providing for affiUation or patemity orders". 28 The Maintenance Enforcement Act is amended in

section 1(2) by striking out "10 or 51 of the Maintenance and Recovery Act" and substituting "6 of the Parentage and Maintenance Act or

section 51 of die Income Support Recovery Act". 29 The Maintenance and Recovery Act is amended 13

Amends RSA 1980 cS-16 Amends RSA 1980 cV-4 (

a) by striking out the title and

chapter number and substituting the following: INCOME SUPPORT RECOVERY ACT

CHAPTER 1-1.7 (

b) in sections 1(

b) and 3 by striking out "Maintenance and" wherever it occurs and substituting "Income Support"; (

c) by repealing

section 6(2); (

d) in

section 7 by striking out "Part 2, 3 or 4 or" wherever it occurs and substituting "Part 3 or 4 or"; (

e) by repealing

Part 2; (

f) in

section 54 (

i) in clause (

a) by striking out "Part 2 or 3" and substituting "Part 3"; (ii) in clause (

b) by striking out "10,". 30 The Social Development Act is amended (

a) in

section 5(2)(

f) by striking out "or the Maintenance Recovery Act" and substituting ", the Parentage and Maintenance Act or the Income Support Recovery Act"; (

b) in

section 17(1) by striking out "Maintenance and" and substituting "Income Support". 31 The Vital Statistics Act is amended in

section 32(2)(

a) by striking out "Part 2 of the Maintenance and Recovery Act" and substituting "the Parentage and Maintenance Act". Consequential 32 Jn the following provisions, "Maintenance and" is struck out wherever it occurs and "Income Support" is substituted: Act Assured Income for the Severely Handicapped Act Widows' Pension Act

Section 9(1), 14(2)(d) 6(1) Coming into force 33 This Act comes into force on Proclamation. 14 Title: 1990 (22nd 2nd) Bill 53, Parentage and Maintenance Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2728
Type	bill
Volume / chapter	L22 S2 2728
Language	en
Format	json
Source	PROVINCIAL
Identifier	74b28d0bf40124c003467dd1ca78e9e269d2eff5

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