BILL NO. 39

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012



Government Bill



Maintenance and Custody Act
(amended)



The Honourable Ross Landry
Minister of Justice



First Reading: April 23, 2012

(Explanatory Notes)

Second Reading: May 1, 2012

Third Reading: May 7, 2012 (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1

(a) revises the definition of "dependent child" in the Maintenance and Custody Act to harmonize it with the definition in the Divorce Act (Canada); and

(b) adds a definition of "family violence, abuse or intimidation" to the Maintenance and Custody Act.

Clause 2

(a) sets out the factors the court must consider in any decision or determination relating to a child;

(b) sets out factors to guide the court's assessment of the impact of any family violence, abuse or intimidation; and

(c) clarifies that the maximum-contact principle that a child should have as much contact with each parent as is consistent with the best interests of the child is to be followed by the court.

Clauses 3 and 4

(a) enable the Government of Nova Scotia to enter into an agreement with the Government of Canada respecting the administrative recalculation of child support orders under the Divorce Act (Canada); and

(b) expand the regulation-making authority to authorize regulations respecting such administrative recalculation of child support orders under the Divorce Act (Canada).

Clause 5 provides that this Act comes into force upon proclamation.

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An Act to Amend Chapter 160
of the Revised Statutes, 1989,
the Maintenance and Custody Act,
Respecting Dependent Children
and Their Best Interests

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 160 of the Acts of 1989, the Maintenance and Custody Act, as amended by Chapter 3 of the Acts of 1997 (Second Session) and Chapter 29 of the Acts of 2000, is further amended by

(a) striking out clause (c) and substituting the following clause:

and

(b) adding immediately after clause (d) the following clause:

2 Subsection 18(5) of Chapter 160 is repealed and the following subsections substituted:

3 Chapter 160 is further amended by adding immediately after Section 54 the following Section:

4 Subsection 55(1) of Chapter 160, as amended by Chapter 3 of the Acts of 1997 (2nd Session), is further amended by

(a) adding immediately after clause (ae) the following clause:

and

(b) relettering clause (da) as clause (daa) and adding immediately preceding that clause the following clause:

5 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

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