Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 1

AN ACT TO AMEND THE FAMILY

VIOLENCE PROTECTION ACT

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE ANDREW

PARSONS, Q.C.

Minister of Justice

and Public Safety and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This

Bill would amend the Family Violence

Protection Act to

expand the definition of

"family violence";

replace references to the Child, Youth and Family Services Act

with references to the Children and Youth

Care and Protection Act ;

provide that emergency

protection orders do not prevail over certain

orders under the Adult Protection Act ;

and

provide that nothing in the Act

affects the duty to report set out in the Adult

Protection Act .

A BILL

AN ACT TO AMEND THE FAMILY VIOLENCE

PROTECTION ACT

Analysis

S.3 Amdt.

Family violence defined

S.13 Amdt.

Effect of emergency protection order

S.19 R&S

Duty to report continued

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2005 cF-3.1

as amended

1. Subsection 3(1) of the Family Violence Protection Act is amended by deleting the word

"and" at the end of paragraph (

f) and by adding immediately after

paragraph (

f) the following:

(f.1) conduct that causes psychological or emotional harm or a reasonable

fear of that harm, including a pattern of behaviour the purpose of which is to

undermine the psychological or emotional well-being of the applicant or a child;

(f.2) conduct that controls, exploits or limits the

applicant's access to financial resources for the purpose of ensuring the applicant's

financial dependency; and

2. Subsection 13(1) of the Act is repealed and the

following substituted:

Effect of

emergency protection order

(1) An emergency protection order prevails over

(

a) a

prior, subsisting order respecting custody of or access to a child, including

an order made under the Divorce Act

(Canada) or

Part III of the Children's

Law Act ; and

(

b) a

provision of a subsisting agreement made under

Part IV of the Family Law Act respecting the custody of

or access to a child.

(1.1) An emergency protection order does not prevail

over

(

a) a

prior, subsisting order under the Children

and Youth Care and Protection Act that places a child in the care or

custody of a manager appointed under that Act or a person other than the parent

from whom the child was removed; or

(

b) a prior, subsisting order under the Adult Protection Act that places an

adult in the care and custody of the provincial director appointed under that

Act or another person.

Section 19 of the Act is repealed and the

following substituted:

Duty to report

continued

19. Nothing

in this Act affects a duty set out in

section 11 of the Children

and Youth Care and Protection Act or

section 12 of

the Adult Protection Act .

Queen's Printer