BILL 22

An Act to Amend the Family Services Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 53 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended

(a)  by repealing subsection (3) and substituting the following:

53( 3) The court shall dispose of an application made under this Part within the following time limits unless the court is satisfied that exceptional circumstances require the disposition of the application to be delayed beyond the applicable time limit, in which case the court may so order, stating in the order the circumstances that gave rise to the order:

(a)  in the case of an application for a supervisory order or a custody order made

( i) before the commencement of this subsection, within 30 days after the day the application was made, and

( ii) on or after the commencement of this subsection, within three months after the day the application is made;

(b)  in the case of an application for a guardianship order made

( i) before the commencement of this subsection, within 30 days after the day the application was made, and

( ii) on or after the commencement of this subsection, within six months after the day the application is made; and

(c)  in the case of any other application, within 30 days after the day the application is made.

(b)  by adding after subsection (3) the following:

53( 3.1) A failure to comply with subsection (3) does not deprive the court of jurisdiction.

2 Subsection 61(3) of the Act is amended by striking out “Notwithstanding subsection 53(3)” and substituting “Despite paragraph 53(3)(c)”.