BILL NO. 131

(as passed, with amendments)

2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015



Government Bill



Maintenance and Custody Act
(amended)

CHAPTER 44 OF THE ACTS OF 2015



The Honourable Diana C. Whalen
Minister of Justice



First Reading: November 24, 2015 (LINK TO BILL AS INTRODUCED)

Second Reading: November 26, 2015

Third Reading: December 4, 2015 (WITH COMMITTEE AMENDMENTS)

Royal Assent: December 18, 2015

An Act to Amend Chapter 160
of the Revised Statutes, 1989,
the Maintenance and Custody Act

Be it enacted by the Governor and Assembly as follows:

1 The title of Chapter 160 of the Revised Statutes, 1989, the Maintenance and Custody Act, as changed by Chapter 29 of the Acts of 2000, is changed from "An Act Respecting the Maintenance of Spouses, Common-law Partners and Dependants" to "An Act Respecting the Parenting and Support of Children and the Support of Spouses".

2 Section 1 of Chapter 160 is repealed and the following Section substituted:

3 Section 2 of Chapter 160, as amended by Chapter 3 of the Acts of 1997 (Second Session), Chapter 29 of the Acts of 2000 and Chapter 25 of the Acts of 2012, is further amended by

(a) striking out "rules of the Family Court" in the second line of clause (a) and substituting "Family Court Rules or the Nova Scotia Civil Procedure Rules";

(b) striking out clause (aa) and substituting the following clause:

(c) adding "or the Supreme Court of Nova Scotia (Family Division)" immediately after "Court" in the first line of clause (b);

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

(e) adding "or the guardians" immediately after "parents" in the fourth line of clause (c);

(f) striking out "himself with" in the last line of clause (d) and substituting "for the parent's own";

(g) striking out clause (e) and substituting the following clause:

(h) adding immediately after clause (e) the following clauses:

(i) adding "or the Supreme Court of Nova Scotia (Family Division)" immediately after "Court" in the first line of clause (f);

(j) striking out clauses (g) and (ga);

(k) striking out "him" in the last line of clause (h) and substituting "the Minister";

(l) striking out clause (i) and substituting the following clause:

(m) adding immediately after clause (i) the following clauses:

(n) striking out "single" in the second line of clause (j);

(o) striking out clause (l);

(p) striking out clause (m) and substituting the following clause:

4 (1) Subsection 3(1) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session) and amended by Chapter 29 of the Acts of 2000, is further amended by

(a) striking out "or common-law partners" in the second line;

(b) striking out "or common-law partner" wherever it appears in that subsection; and

(c) striking out "maintenance" in the fifth and sixth lines and substituting "support".

(2) Subsection 3(2) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session) and amended by Chapter 29 of the Acts of 2000, is further amended by

(a) striking out "or common-law partners" in the third line;

(b) striking out "or common-law partner" wherever it appears in that subsection; and

(c) striking out "maintenance" in the second last line and substituting "support".

5 (1) Subsection 3A(1) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session) and amended by Chapter 29 of the Acts of 2000, is further amended by

(a) striking out "maintenance" wherever it appears in that subsection and substituting in each case "support"; and

(b) striking out "or common-law partner" in the third line.

(2) Subsection 3A(2) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session) and amended by Chapter 29 of the Acts of 2000, is further amended by

(a) striking out "or common-law partner" wherever it appears in that subsection; and

(b) striking out "maintenance" wherever it appears in that subsection and substituting in each case "support".

6 Section 4 of Chapter 160, 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 "maintenance" wherever it appears in that Section and substituting in each case "support";

(b) striking out "or common-law partner" wherever it appears in that Section;

(c) striking out "or common-law partners" wherever it appears in that Section;

(d) adding "and parenting" immediately after "custodial" in the first line of clause (d);

(e) striking out "or common-law partner's" in the second line of clause (l); and

(f) striking out "his own maintenance" in the second line of clause (m) and substituting "the spouse's own support".

7 Section 5 of Chapter 160 is repealed and the following Section substituted:

8 Subsections 6(1) and (2) of Chapter 160 are repealed.

9 Section 7 of Chapter 160 is repealed and the following Section substituted:

10 Section 8 of Chapter 160 is repealed and the following Section substituted:

11 Section 9 of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session), is amended by striking out "maintenance" in the third line and substituting "support".

12 (1) Subsection 10(1) of Chapter 160 is repealed and the following subsection substituted:

(2) Subsection 10(3) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session) and amended by Chapter 29 of the Acts of 2000, is further amended by

(a) striking out "or common-law partners" in the third line of clause (a); and

(b) striking out "maintenance" in the second and third lines of clause (b) and substituting "support".

(3) Subsection 10(5) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session) and amended by Chapter 29 of the Acts of 2000, is further amended by

(a) striking out "both spouses or common-law partners or parents" in the fourth and fifth lines and substituting "the parents or guardians"; and

(b) striking out "maintenance" in the sixth line and substituting "support".

(4) Subsection 10(6) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session), is amended by striking out "maintenance" in the third and in the sixth lines and substituting in each case "support".

13 Subsection 11(1) of Chapter 160, as amended by Chapter 3 of the Acts of 1997 (Second Session), is further amended by

(a) striking out "single" both times it appears in the second line and in the fourth line;

(b) striking out "maintenance" in the second line of clause (a) and substituting "support"; and

(c) striking out "maintenance" in the first line of clause (b) and substituting "support".

14 (1) Subsection 13(1) of Chapter 160 is amended by

(a) striking out "Children's" in the third line and substituting "Children and Family"; and

(b) striking out "maintenance" in the fourth line and substituting "support".

(2) Subsection 13(3) of Chapter 160 is amended by striking out "maintenance" in the third line and substituting "support".

15 Section 14 of Chapter 160 is repealed.

16 Section 15 of Chapter 160 is amended by

(a) striking out "maintenance" in the second and third lines and substituting "support"; and

(b) striking out "his" in the last line and substituting "the child's".

17 Section 16 of Chapter 160 is amended by

(a) striking out "maintenance" in the first line and substituting "support";

(b) striking out "his own maintenance" in the last line of clause (b) and substituting "the parent's own support"; and

(c) striking out "maintenance" in the last line of clause (c) and substituting "support".

18 Chapter 160 is further amended by adding immediately after Section 17 the following Section:

19 (1) Subsections 18(1), (2) and (2A) of Chapter 160 are repealed and the following subsections substituted:

(2) Clause 18(3)(c) of Chapter 160 is amended by adding "of Nova Scotia" immediately after "Court" in the fourth line.

(3) Subsection 18(4) of Chapter 160 is amended by striking out "care and" in the third line.

(4) Subsection 18(5) of Chapter 160, as enacted by Chapter 25 of the Acts of 2012, is amended by

(a) striking out "care and" in the first line; and

(b) striking out "or access and visiting privileges" in the second line and substituting ", parenting arrangements, parenting time, contact time or interaction".

(5) Subsection 18(6A) of Chapter 160, as enacted by Chapter 19 of the Acts of 2014, is amended by

(a) striking out "access and visiting privileges" in the second line and substituting "contact time or interaction";

(b) striking out "access by and visiting with" in the second and third lines of clause (a) and substituting "contact time or interaction between the child and"; and

(c) striking out "access and visiting" in the second line of clause (b) and substituting "contact time or interaction".

(6) Subsection 18(8) of Chapter 160, as enacted by Chapter 25 of the Acts of 2012, is amended by

(a) striking out "care and" in the first line; and

(b) striking out "or access and visiting privileges" in the first and second lines and substituting ", parenting arrangements or parenting time".

20 Chapter 160 is further amended by adding immediately after Section 18 the following Sections:

21 Section 19 of Chapter 160 is amended by

(a) adding "and Sections 18A, 18F or 18G" immediately after "18" in the first line;

(b) striking out "respecting care and" in the second and third lines and substituting "for";

(c) striking out "or access and visiting privileges" in the third line and substituting ", parenting arrangements, parenting time, contact time and interaction";

(d) adding "of Justice" immediately after "Minister" in the fourth line;

(e) striking out "and his" in the last line and substituting ", the child's,"; and

(f) striking out "or guardian" in the last line and substituting "or guardians or other persons as the court directs".

22 Section 20 of Chapter 160 is amended by

(a) striking out "care and" in the first line and substituting "an order for"; and

(b) striking out "or access and visiting privileges" in the second line and substituting ", parenting arrangements, parenting time, contact time or interaction".

23 (1) Subsection 21(1) of Chapter 160 is amended by striking out "or in the rules of the Family Court" in the second line and substituting ", the Family Court Rules or the Nova Scotia Civil Procedure Rules".

(2) Subsection 21(2) of Chapter 160 is amended by striking out "rules of the Family Court" in the third and fourth lines and substituting "Family Court Rules or the Nova Scotia Civil Procedure Rules".

24 Section 22 of Chapter 160 is repealed.

25 (1) Subsection 23(1) of Chapter 160, as amended by Chapter 29 of the Acts of 2000, is further amended by

(a) striking out "maintenance on his own behalf" in the second line and substituting "support for the applicant"; and

(b) striking out "his" the second time it appears in the second line and substituting "the applicant's".

(2) Subsection 23(2) of Chapter 160, as amended by Chapter 29 of the Acts of 2000, is further amended by striking out "maintenance for a spouse or common-law partner, dependent child, single woman" in the sixth and seventh lines and substituting "support for a spouse, dependent child, woman who is a mother of a child".

(3) Subsection 23(3) of Chapter 160, as amended by Chapter 6 of the Acts of 1994-95, is further amended by striking out "maintenance" in the first line and substituting "support".

(4) Subsection 23(4) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session), is amended by

(a) striking out "maintenance" in the last line of clause (a) and substituting "support"; and

(b) striking out "Family Benefits" in the second line of clause (b) and substituting "Employment Support and Income Assistance".

26 Section 24 of Chapter 160 is amended by

(a) striking out "maintenance" in the second line and substituting "support";

(b) striking out "single woman who is pregnant" in the second line and substituting "pregnant woman"; and

(c) striking out "single" in the last line.

27 Section 25 of Chapter 160 is repealed.

28 (1) Subsections 27(1) to (3) of Chapter 160 are repealed and the following subsections substituted:

(2) Subsection 27(4) of Chapter 160 is amended by striking out "making" in the second line.

29 Section 28 of Chapter 160 is amended by

(a) striking out "Children's" in the third line and substituting "Children and Family"; and

(b) striking out "his" in the fifth line and substituting "the social worker's".

30 (1) Subsection 29(1) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session) and amended by Chapter 29 of the Acts of 2000, is further amended by

(a) striking out "maintenance" in the second line and substituting "support";

(b) striking out "or common-law partner maintenance, a statement of income and expenses" in the second and third lines of clause (a) and substituting "support, all financial statements";

(c) striking out "maintenance" in the second line of clause (b) and substituting "support"; and

(d) adding "or other regulations" immediately after "Guidelines" in the last line of clause (b).

(2) Subsection 29(2) of Chapter 160 is amended by striking out "statement of income and expenses" in the first and second lines and substituting "financial statement".

(3) Subsection 29(3) of Chapter 160 is amended by adding "or document" immediately after "statement" in the first line.

31 Subsection 29A(1) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (2nd Session), is amended by

(a) striking out "maintenance" in the second line of clause (e) and substituting "support"; and

(b) striking out "or rules of court" in the third line of clause (j) and substituting ", the Family Court Rules or the Nova Scotia Civil Procedure Rules".

32 Section 31 of Chapter 160 is repealed and the following Section substituted:

33 Section 34 of Chapter 160, as amended by Chapter 3 of the Acts of 1997 (Second Session), is further amended by

(a) striking out "maintenance" in the first line and substituting "support";

(b) striking out "maintenance" in the second line of clause (d) and substituting "support";

(c) striking out "maintenance" in the second line of clause (e) and substituting "support"; and

(d) striking out "or rules of court" in the second line of clause (f) and substituting ", the Family Court Rules or the Nova Scotia Civil Procedure Rules".

34 (1) Subsection 35(2) of Chapter 160 is repealed.

(2) Subsection 35(4) of Chapter 160 is amended by

(a) adding "of Nova Scotia" immediately after "Court" in the fourth line; and

(b) striking out "maintenance" in the fifth line and substituting "support".

35 Subsection 36(1) of Chapter 160 is amended by striking out "maintenance" in the second, in the fourth and in the last lines and substituting in each case "support".

36 (1) Subsection 37(1) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session), is amended by

(a) striking out "maintenance" in the third line and substituting "support";

(b) striking out "respecting" in the fourth line and substituting "for"; and

(c) striking out "and access" in the fourth line and substituting ", parenting arrangements, parenting time, contact time or interaction".

(2) Section 37 of Chapter 160 is further amended by adding immediately after subsection (1) the following subsection:

(3) Subsection 37(2) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (Second Session), is amended by striking out "maintenance" in the second line and substituting "support".

37 Section 38 of Chapter 160 is amended by

(a) striking out "maintenance" in the second line and substituting "support";

(b) striking out "family benefits" in the third line and substituting "assistance";

(c) adding "or provided by" immediately after "by" in the third line; and

(d) striking out "Family Benefits" in the fourth line and substituting "Employment Support and Income Assistance".

38 Subsection 39(1) of Chapter 160 is repealed and the following subsection substituted:

39 Chapter 160 is further amended by adding immediately after Section 39 the following Sections:

40 (1) Subsection 43(2) of Chapter 160 is amended by

(a) striking out "alimony or maintenance or to care and custody or access and visiting privileges" in the first, second and third lines and substituting "custody, parenting arrangements, parenting time, contact time or interaction";

(b) adding "or spousal support or child support" immediately after "child" in the third line; and

(c) adding "of Nova Scotia" immediately after "Court" in the fourth and in the fifth lines.

(2) Subsection 43(4) of Chapter 160 is amended by

(a) adding "of Nova Scotia" immediately after "Court" in the second line; and

(b) striking out "rules of the Supreme Court" in the eighth line and substituting "Nova Scotia Civil Procedure Rules".

(3) Subsection 43(5) of Chapter 160 is amended by striking out "rules of the Supreme Court" in the third and fourth lines and substituting "Nova Scotia Civil Procedure Rules".

(4) Subsection 43(6) of Chapter 160 is amended by striking out "rules of the Supreme Court" in the third and fourth lines and substituting "Nova Scotia Civil Procedure Rules".

41 (1) Subsection 46(1) of Chapter 160 is amended by striking out "Appeal Division of the Supreme Court" in the fourth line and substituting "Nova Scotia Court of Appeal".

(2) Subsection 46(2) of Chapter 160 is amended by striking out "Appeal Division of the Supreme Court" in the first line and substituting "Nova Scotia Court of Appeal".

42 Section 52 of Chapter 160 is repealed and the following Section substituted:

43 Chapter 160 is further amended by adding immediately after Section 54A the following Sections:

TRANSITIONAL PROVISIONS

44 (1) An agreement or order made under the Maintenance and Custody Act before the coming into force of this Act relating to custody remains in force and is to be dealt with in accordance with this Act and the regulations as nearly as circumstances permit.

(2) An agreement or order made under the Maintenance and Custody Act before the coming into force of this Act relating to access or visiting privileges remains in force and continues as an order for parenting time, contact time or interaction, as the case may be, and is to be dealt with in accordance with this Act and the regulations as nearly as circumstances permit.

(3) For greater certainty, the coming into force of this Act does not constitute a change in circumstances for the purpose of an application under the Parenting and Support Act seeking the variation, rescinding or suspending of an order made under the Maintenance and Custody Act before the coming into force of this Act.

CONSEQUENTIAL AMENDMENTS

45 Subsection 8(4) of Chapter 29 of the Acts of 2001, the Domestic Violence Intervention Act, is amended by striking out "Maintenance and Custody Order" in the fourth line and substituting "Parenting and Support".

46 Clause 13(c) of Chapter 9 of the Acts of 2002, the Interjurisdictional Support Orders Act, as amended by Chapter 24 of the Acts of 2012, is further amended by

(a) striking out "Maintenance" in the third line and substituting "Support"; and

(b) striking out "Maintenance and Custody" in the third line and substituting "Parenting and Support".

47 Clause 37(b) of Chapter 9, as enacted by Chapter 24 of the Acts of 2012, is amended by

(a) striking out "Maintenance" in the third line and substituting "Support"; and

(b) striking out "Maintenance and Custody" in the last line and substituting "Parenting and Support".

48 Subsection 41(3) of Chapter 9, as enacted by Chapter 24 of the Acts of 2012, is amended by striking out "Maintenance and Custody" in the first line and substituting "Parenting and Support".

49 Section 53 of Chapter 5 of the Acts of 1990, the Children and Family Services Act, is amended by

(a) striking out "Family Maintenance" in the last line and substituting "Parenting and Support"; or

(b) where Section 53 of Chapter 5 has been amended by striking out "Family Maintenance" in the last line and substituting "Maintenance and Custody", then it is further amended by striking out "Maintenance and Custody" in the last line and substituting "Parenting and Support".

50 Subsection 74(12) of Chapter 5 is amended by

(a) striking out "Family Maintenance" in the second line and substituting "Parenting and Support"; or

(b) where subsection 74(12) of Chapter 5 has been amended by striking out "Family Maintenance" in the second line and substituting "Maintenance and Custody", then it is further amended by striking out "Maintenance and Custody" in the second line and substituting "Parenting and Support".

51 Subsection 78(6) of Chapter 5, as enacted by Chapter 15 of the Acts of 2005, is amended by striking out "Maintenance and Custody" in the fourth and fifth lines and substituting "Parenting and Support".

52 Subsection 79(3) of Chapter 5 is amended by

(a) striking out "Family Maintenance" in the last line and substituting "Parenting and Support"; or

(b) where subsection 79(3) of Chapter 5 has been amended by striking out "Family Maintenance" in the last line and substituting "Maintenance and Custody", then it is further amended by striking out "Maintenance and Custody" in the last line and substituting "Parenting and Support".

53 Clause 2(e) of Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, as amended by Chapter 28 of the Acts of 1995-96, Chapter 9 of the Acts of 2002 and Chapter 40 of the Acts of 2004, is further amended by striking out "Maintenance and Custody" in the fourth last and third last lines and substituting "Parenting and Support".

54 Clause 10(7)(b) of Chapter 6, as amended by Chapter 40 of the Acts of 2004, is further amended by striking out "Maintenance and Custody" in the second last line and substituting "Parenting and Support".

55 Clause 36(1)(k) of Chapter 6, as enacted by Chapter 28 of the Acts of 1995-96 and amended by Chapter 40 of the Acts of 2004, is further amended by striking out "Maintenance and Custody" in the second line and substituting "Parenting and Support".

56 (1) Subsection 39(1) of Chapter 6, as amended by Chapter 40 of the Acts of 2004, is further amended by striking out "Maintenance and Custody" in the third line and substituting "Parenting and Support".

(2) Subsection 39(4) of Chapter 6, as amended by Chapter 40 of the Acts of 2004, is further amended by striking out "Maintenance and Custody" in the third line and substituting "Parenting and Support".

57 Clause 55(1)(d) of Chapter 494 of the Revised Statutes, 1989, the Vital Statistics Act, as enacted by Chapter 5 of the Acts of 2001, is amended by striking out "Maintenance and Custody" in the last line and substituting "Parenting and Support".

58 Clause 57(d) of Chapter 494, as enacted by Chapter 5 of the Acts of 2001, is amended by striking out "Maintenance and Custody" in the last line and substituting "Parenting and Support".

EFFECTIVE DATE

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


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