First Session, 47th

General Assembly

61 Elizabeth II,

BILL 8

AN ACT TO AMEND THE FAMILY

VIOLENCE PROTECTION ACT

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

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE FELIX

COLLINS

Minister of Justice

and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Family Violence Protection Act to create

a statutory right to seek leave to appeal to the Court of Appeal on a question

of law or jurisdiction. Currently, no such provision exists in the Act.

A BILL

AN ACT TO AMEND THE FAMILY VIOLENCE

PROTECTION ACT

Analysis

S.2 Amdt.

Definitions

S.9 Amdt.

Right to review

S.12.1 Added

Appeal

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2005 cF-3.1

as amended

(1) Paragraph 2(

d) of the Family Violence Protection Act is

repealed and the following substituted:

(d) "court", except as otherwise

provided, means the Provincial Court of Newfoundland and Labrador ;

(2) Paragraph 2(

g) of the Act is repealed and the

following substituted:

(g) "judge", except as otherwise

provided, means a Provincial Court

judge appointed under the Provincial Court Act, 1991 and includes the chief judge;

Section 9 of the Act is amended by renumbering

it as subsection 9(1) and by adding immediately after that subsection the following:

(2) Every emergency protection order shall contain

a provision that advises the applicant and the respondent that each has the

right to make an application under

section 12.1.

3. The Act is amended by adding immediately after

section 12 the following:

Appeal

12.1

(1) With

leave of a judge of the Court of Appeal, an appeal from an order made under

this Act may be made to the Court of Appeal on a question of law or

jurisdiction.

(2) Unless a judge of the Court of Appeal orders

otherwise, an appeal does not operate as a stay of the order.

William E. Parsons, Queen's Printer