Review of Provincial and Territorial Domestic Violence Legislation and Implementation Strategies

PART II. A COMPARISON OF KEY CLAUSES OF DOMESTIC VIOLENCE ACTS AND REGULATIONS

In order to present the full content, this page exceeds our site's normal dimensions.

Table 1. A Comparison of Key Clauses of Domestic Violence Acts and Regulations (cont'd)
Item Compared Jurisdiction
Saskatchewan PEI Yukon Alberta Manitoba
7.6 Review of order[1] 6(1) At any time after a respondent has been served with an order, the court, on application by a victim or respondent named in the order, may:(a) make changes in, additions to or deletions from the provisions contained in the order;(b) decrease or extend the period for which any provision in an order is to remain in force;(c) terminate any provision in an order; or(d) revoke the order.(2) On an application pursuant to subsection (1), the evidence before the designated justice of the peace or the court on previous applications pursuant to this Act shall be considered as evidence.(3) The variation of one or more provisions of an order does not affect the other provisions in the order.(4) Notwithstanding any other provision in this Act, an emergency intervention order continues in effect and is not stayed by a direction for a rehearing pursuant to section 5 or an application pursuant to subsection (1).(5) Any provision in an order is subject to and is varied by any subsequent order made pursuant to any other Act or any Act of the Parliament of Canada. 10(1) At any time after a respondent has been served with an emergency protection order or a victim assistance order, the court, on application by a victim or respondent named in the emergency protection order or a victim assistance order, may(a) make changes to, or terminate, any provision of an emergency protection order or a victim assistance order;(b) decrease or extend the period for which any provision in an emergency protection order or a victim assistance order is to remain in force; or(c) revoke the emergency protection order or a victim assistance order.(2) On an application pursuant to subsection (1)(a) the evidence before a justice of the peace on previous applications pursuant to this Act shall be considered evidence; and(b) the respondent has the right to be heard and the right to examine and cross-examine witnesses.(3) The variation of one or more provisions of an emergency protection order or a victim assistance order does not affect the other provisions in the emergency protection order or a victim assistance order.(4) Unless otherwise ordered by the court, anemergency protection order or a victim assistance order is deemed to be an order of the court and continues in effect and is not stayed by a direction for a rehearing pursuant to section 6 or an application pursuant to subsection (1).(5) Any provision in an emergency protection order or a victim assistance order is subject to and is varied by any subsequent emergency protection order or a victim assistance order made pursuant to any other Act or any Act of the Parliament of Canada.(6) An emergency protection order that has been varied pursuant to clause 6(2)(b) shall be served on the respondent in the prescribed form and manner.(7) Notice to the respondent on an emergency protection order shall be deemed to give the respondent notice of the court’s confirmation of the existing emergency protection order and notice of the respondent’s right to initiate a court hearing. 1996, c.47, s.10; 1997, c.53, s. 1998, c.11, s.6. 8(1) At any time after an emergency assistance order has been confirmed or a victim’s assistance order has been made the supreme court, on application by a victim or a respondent named in the order, may:(a) make changes in,additions to, or deletions from the provisions contained in the order;(b) decrease or extend the period for which any provision in an order is to remain in force;(c) terminate any provision in an order; or(d) revoke the order.(2) On an application pursuant to subsection (1), in addition to any other evidence, the evidence before the designated justice of the peace or the court on previous applications pursuant to this Act may be considered as evidence.(3) the variation of one or more provisions of an order does not affect the other provisions in the order.(4) Despite any other provision in this Act, an order under this Act, continues in effect and is not stayed by an application under subsection (1).(5) An application under subsection (1) may be made independently of any other proceeding in the court or, so as to avoidinconsistency between orders from different proceedings and to consolidate proceedings, it may be made in another proceeding in the court dealing with the same subject matter between the same parties.(6) Any provision in an order is subject to and is varied by any subsequent order made pursuant to any other Act or any Act of the Parliament of Canada made on the application of the same party. Reg 13(1) An application for a review of an Emergency Intervention Order shall be accompanied by an affidavit in which the applicant states concisely the facts and the law relied on by the applicant.(2) The applicant shall file three copies of the completed application form and applicant’s affidavit with the clerk of the court.(3) The clerk of the court shall set a hearing date for the application and note that date on the application.(4) The clerk of the court shall file the application inthe court file and shall return one copy to the applicant. 23(1) An application for a review of an Victim’s Assistance Order shall be accompanied by an affidavit in which the applicant states concisely the facts and the law relied on by the applicant.(2) The applicant shall file three copies of the completed application form and applicant’s affidavit with the clerk of the court.(3) The clerk of the court shall set a hearing date for the application and note that date on the application.(4) The clerk of the court shall file the application in the court file and shall return one copy to the applicant.   19(1) The court, on application at any time after a protection order is filed in the court under subsection 10(2) or a prevention order is made under subsection 14(1), may, if satisfied that it is fit and just to do so,(a) delete or vary any term or condition in the order, or add terms and conditions, which may include any provision mentioned in clauses 14(1)(a) to (p); or (b) revoke the order.(2) If the parties to a protection order or prevention order indicate agreement that it should be varied or revoked but the judge is not satisfied that the subject's agreement is freely and voluntarily given, the judge may adjourn the proceeding to allow the subject to obtain legal or other advice.
7.7 Duration of order[2] 3(4) An emergency intervention order may be subject to any terms that the designated justice of the peace considers appropriate. 4(4) A justice of the peace may make an emergency protection order subject to such conditions as the justice considers appropriate but the duration of the order shall not exceed 90 days unless otherwise ordered by a judge. 4(4) An emergency intervention order may be subject to any terms that the designated justice of the peace considers appropriate. 4(5) Subject to subsection 6(1), an emergency intervention order takes effect immediately and the designated justice of the peace may fix a date for its expiry. 2(4) An order under this section may be subject to any terms and conditions that the provincial court judge or designated justice of the peace considers appropriate.7(1) Subject to subsection (2), a protection order must be granted for such specified duration as the judge considers appropriate in the circumstances.(2) A protection order under this Act may not exceed one year unless it is extended by a further order under subsection (3).(3) The Court of Queen’s Bench may, on application, extend the term of a protection order for periods not exceeding one year each. 1998 cP19.2 s7  

Date modified: