Bill 73 (Legislature 14, Session 1)

L14 S1 5963

Alberta — Bills

, No. 78 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 73 A Bill to amend The Reciprocal Enforcement of Maintenance Orders Act HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1960

explanatory Note 2. (a) "dependant" is redefined to relate to the law of the "state" where an order is made rather than to "place". (See re marks following concerning "jurisdiction".) (b) "maintenance order" is redefined for two purposes: (1) to remove the express exception relating to "affiliation orders", and ('2) to r,efer specif ically to "alimony", "former wife", "reputed wife" and "child". (c) "reciprocating state" is redefined to refer to state, (within or without Canada) as the law site rather than using the term "juris diction" which is capable of other meanings.

The terms are pre sently defined as follows: "2'. In this Act, (c) "dependant" means a person that a person against whom a maintenance order is sought or has been made is liable to maintain according to the law in f'orce in -the place where the maintenance order is sought or was made; (d) "maintenance order" means an order, other than an order of affiliation, for the periodical payment of moOney tDwards the maintenance of the wife or any other dependant of the person against . whom the order. was made; (e) "reciprocating state" means a jurisdiction declared under sec tion 14 to be a reciprocating state." 3.

Self-explanatory. There is now no such right given by the Act. 4. The term "state" replaces jurisdiction. See note to clause 2 (c).

Section 14 presently reads: "14.

(1) Where the Lieutenant Governor in Council is saUsfied that reciprocal prOVisions will be made by a jurisdiction in or outside Canada for the enforcement therein of maintenance orders made within Alberta, the Lieutenant Governor in Council may by order declare it tD be a reciproca.ting state fDr the purposes of this Act.

(2) The Lieutenant Governor in Council may revoke" any order. made under subsection (1), ,and thereupon the jurisdiction with respect to whtch the order was made ceases to be a reciprocating stat-ef-Or the purposes of this Act.".

BILL No. 73 of 1960

An Act to amend The Reciprocal Enforcement of Maintenance Orders Act (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Reciprocal Enforcement of Maintenance Orders Act, being

chapter 42 of the Statutes of Alberta, 1958, is hereby amended.

Section 2 is amended by striking out the

definitions of "dependant", "maintenance order" and "reciprocating state" in clauses (c), (

d) and (

e) respectively and by sub stituting the foHowing: (c) "dependant" means a person that a person against whom a maintenance order is sought or has been made is liable to maintain according to the law in force in the state where the maintenance order is sought or was made; (d) "maintenance order" means an order for the peri odical payment of money as alimony or as m·ain tenance for a wife or former wife or reputed wife or a child or any other dependant of the person against whom the order was made; (e) "reciprocating state" means a state declared under

section 14 to bea reciprocating state.

Section 6 is amended by adding immediately after subsection (6) the following: (6a) Where the court has declined to confirm an order or a part thereof, or has varied or rescinded an order, the person in whose favour the order was made and the At torney General have a like right of appeal.

Section 14 is amended by striking out the word "jurisdiction" where it occurs in subsections (1) and (2) and by substituting the word "state". 5. This Act comes into force on the day upon which it is assented to.

No. 73 FIRST SESSION FOURTEENTH LEGISLATURE 8 ELIZABETH II 1960 BILL

An Act to amend The Reciprocal Enforcement of Maintenance Orders Act Received and read the First time ... Second time ........................ . Third time ..... HON. MR. MANNING Title: 1960 (14th, 1st) Bill 73,

An Act to amend The Reciprocal Enforcement of Maintenance Orders Act

Document details

Collection	Alberta — Bills
Citation	L14 S1 5963
Type	bill
Volume / chapter	L14 S1 5963
Language	en
Format	json
Source	PROVINCIAL
Identifier	e09cfe0e610329b4ab4ebe9f9ea5fbf10aa770fe

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