January 10, 1996 - 11:10 a.m. 1996

CHAPTER

An Act to amend The Child and Family Services Act (Assented to April 30, 1996) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title This Act may be cited as The Child and Family Services Amendment Act, 1996. S.S. 1989-90, c.C-7.2,

section amended Subsection 12(3) of The Child and Family Services Act is repealed and the following substituted: A(3) No action shall be commenced against a person with respect to making a report pursuant to subsection (1) except with leave of the Court of Queen's Bench. A(3.1) An application for leave shall be commenced by notice of motion served on the respondent and the minister in any manner set out in Part Three of The Queen's Bench Rules.

A(3.2) On an application for leave, leave shall be granted only if the applicant establishes, by affidavit evidence or otherwise, a prima facie case that the person made the report maliciously and without reasonable grounds for his or her belief. A(3.3) If leave is not granted, the court may order the applicant to pay all or any portion of the costs of the application. A(3.4) An action against a person who makes a report pursuant to subsection (1) that is commenced without leave of the court is a nullity@. Coming into force This Act comes into force on assent.