Bill 202 — Fifth Session, 23Rd Legislature, 46 Elizabeth Ii the Legislative Assembly of Alberta Bill 202 Provincial Court Amendment Act, 1997 Mrs. Forsyth (Legislature 23, Session 5)

L23 S5 1102

Alberta — Bills

1997 BILL 202 Fifth Session, 23rd Legislature, 46 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 202 PROVINCIAL COURT AMENDMENT ACT, 1997 MRS. FORSYTH First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 202 Mrs. Forsyth BILL 202 1997 PROVINCIAL COURT AMENDMENT ACT, 1997 (Assented to , 1997) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Provincial Court Act is amended by this Act. 2 The following is added after

section 32: 32.1(1) In this section, (a) "child" means a person under the age of 16 years; (b) "grandparent" means a grandparent of a child whether related to the child by blood, marriage or adoption.

(2) If a grandparent at any time is refused access to a child, the Court may on application make an order as it sees fit regarding the grandparent’s right of access to the child.

(3) The application for an order under this

section may be made (

a) by a grandparent of the child, or (

b) by the child, who may apply with or without any person interested on the child’s behalf. 1

Explanatory Notes 1 Amends

chapter P-20 of the Revised Statutes of Alberta, 1980. 1 Explanatory Notes

(4) In making an order under this section, the Court shall take into consideration only the best interests of the child as determined by reference to the needs and other circumstances of the child including (

a) the nature and extent of the child’s past association with the grandparent, and (

b) the child’s views and wishes, if they can be reasonably ascertained.

(5) Unless otherwise ordered by the Court, all costs reasonably related to access visits granted to a grandparent under this

section shall be borne by the grandparent.

(6) Section 32(3), (4), (6), (7) and (9) apply to an application made under this section.

(7) Any person who contravenes a provision as to right of access in an order made under this

section is guilty of an offence and liable to a fine of not more than $1000 or to imprisonment for a term not exceeding 4 months. 3 This Act comes into force on Proclamation. 2

2 Explanatory Notes T itle: 1997 (23rd, 5th) B ill 202, Provincial C ourt A m endm ent A ct, 1997

Document details

Collection	Alberta — Bills
Citation	L23 S5 1102
Type	bill
Volume / chapter	L23 S5 1102
Language	en
Format	json
Source	PROVINCIAL
Identifier	a0d7b107833f6b82f63494dcf05ee861fe770e4a

Source file is stored in the law ingest library (json).