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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Family Services Act +
 
Legislature :
55
Session :
2
Bill No. :
9
Member :
Mr. Burke
First Reading :
2004-12-3
Second Reading :
2004-12-8
Committee of the Whole :
Amended :
Third Reading :
Royal Assent :
Download PDF :
  Bill 9         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           The Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended by adding after section 126.1 the following:



126.2(1)       In this section "licence" has the same meaning as in the Motor Vehicle Act.



126.2(2)       When a support order is filed, the court administrator may serve a first notice on the person against whom the support order is made, informing the person that his or her licence may be suspended unless, within thirty days,



(a)               the person against whom the support order is made makes an arrangement satisfactory to the court for complying under the support order; or



(b)               the person against whom the support order is made pays all arrears owing under the support order.



126.2(3)       The court administrator may serve a second notice on the person against whom the support order is made if,



(a)               at any time in the twenty-four months after the person makes an arrangement under paragraph (2)(a) he or she fails to comply with the terms of that arrangement; or



(b)               at any time in the twenty-four months after the person pays all arrears owing on the support order under paragraph (2)(b), following a first notice, he or she again falls into arrears on the support order.



126.2(4)       A second notice under subsection (3) shall inform the person against whom the support order is made that his or her licence may be suspended unless, within fifteen days after the second notice is sent, the person against whom the support order is made rectifies any failure to comply with the arrangement under paragraph (2)(a).



126.2(5)       For the purposes of subsection (3) an arrangement that is made in response to a first notice and is subsequently amended by agreement remains an arrangement made under paragraph (2)(a).



126.3(1)       The court administrator may direct the Registrar of Motor Vehicles to suspend the licence of a person against whom a support order is made if, within the thirty day period referred to in a first notice, the person does not



(a)               make an arrangement satisfactory to the court administrator for complying with the support order; or



(b)               pay all arrears owing under the support order.



126.3(2)       The court administrator may direct the Registrar of Motor Vehicles to suspend the licence of a person against whom a support order is made if, within the fifteen day period referred to in a second notice, the person does not pay all arrears owing under the support order.



126.3(3)       The court administrator shall direct the Registrar of Motor Vehicles to reinstate a licence suspended pursuant to a direction under subsection (1) or (2) where,



(a)       the person whose licence has been suspended pays all the arrears owing under the support order;



(b)       the person whose licence has been suspended complies with the terms of the arrangements made following the most recent notice served;



(c)       the person whose licence has been suspended makes new arrangements satisfactory to the court administrator for complying with the support order;



(d)       the support order is lifted, suspended, or varied pursuant to section 118.



126.3(4)       Notwithstanding subsection (3), the court administrator may refuse to reinstate a licence that has been suspended in breach of this act, unless all provisions of the support order pursuant to section 123.3 have been complied with.



126.3(5)       The court administrator may direct the Registrar of Motor Vehicles to reinstate a licence under subsection (1) or (2) if, in the opinion of the court administrator, it would be unreasonable not to do so.



126.3(6)       If the court administrator directs the Registrar of Motor Vehicles to reinstate a licence under paragraph (3)(a), (b), or (c) and that person against whom the support order is made does not comply with the support order within twenty-four months following the reinstatement date, the Registrar shall immediately suspend the person's licence.



126.3(7)       When a person whose licence has been suspended does not comply with more than one support order, the court administrator shall not direct the Registrar of Motor Vehicles to reinstate the licence unless all violations of the support orders have been rectified pursuant to subsection (3).



126.3(8)       The direction given to the Registrar of Motor Vehicles by the court administrator to suspend or to reinstate a licence shall be prescribed by regulation.



126.3(9)       Any agreement between the parties to a support order with a purpose to avoid or prevent the application of this section is without force or effect.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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