Acts and Regulations

2017, c.5 - Intimate Partner Violence Intervention Act

Full text
Definitions
1The following definitions apply in this Act.
“applicant” means a person in respect of whom an emergency intervention order is sought or made under this Act.(requérant)
“best interests of the child” means best interests of the child as defined in the Family Law Act.(intérêt supérieur de l’enfant)
“child” means a child who normally or periodically resides with an applicant, is under the age of 19 and is unmarried, whether or not the child is a child of the applicant and the respondent or either of them, and includes a child in the care and custody of the applicant.(enfant)
“Court” means The Court of King’s Bench of New Brunswick.(Cour)
“deputy sheriff” means a person appointed as a deputy sheriff under the Sheriffs Act.(shérif adjoint)
“designated authority” means a person or category of persons designated by the Lieutenant-Governor in Council to hear applications for emergency intervention orders and make decisions on those applications.(autorité designée)
“firearm” means a firearm as defined in the Criminal Code (Canada).(arme à feu)
“intimate personal relationship” means a relationship between two persons, regardless of whether they have lived together at any time,(relation personnelle intime)
(a) who are or have been married to each other,
(b) who are or have been in a conjugal relationship, or
(c) who are or have been in a dating or romantic relationship.
“judge” means a judge of the Court.(juge)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“peace officer” means a police officer as defined in the Police Act and a member of the Royal Canadian Mounted Police.(agent de la paix)
“police force” means the police force, as defined in the Police Act, or the detachment of the Royal Canadian Mounted Police that is responsible for providing policing services to the area where the applicant resides.(corps de police)
“property” means an interest, present or future, vested or contingent, in real or personal property and includes(bien)
(a) property that a person owns;
(b) property that a person does not own but
(i) uses or enjoys,
(ii) is available for the person’s use or enjoyment,
(iii) is in the person’s care or custody, or
(iv) is at the person’s residence; and
(c) household pets.
“residence” means a place where an applicant normally resides and includes a residence that an applicant has vacated due to intimate partner violence.(résidence)
“respondent” means a person against whom an emergency intervention order is sought or made under this Act.(intimé)
“telecommunication” includes the use of a telephone, e‑mail or fax.(télécommunication)
“weapon” means a weapon as defined in the Criminal Code (Canada).(arme)
2019, c.2, s.76; 2020, c.25, s.62; 2022, c.28, s.29; 2023, c.17, s.127; 2023, c.36, s.19
Definitions
1The following definitions apply in this Act.
“applicant” means a person in respect of whom an emergency intervention order is sought or made under this Act.(requérant)
“best interests of the child” means best interests of the child as defined in the Family Services Act.(intérêt supérieur de l’enfant)
“child” means a child who normally or periodically resides with an applicant, is under the age of 19 and is unmarried, whether or not the child is a child of the applicant and the respondent or either of them, and includes a child in the care and custody of the applicant.(enfant)
“Court” means The Court of King’s Bench of New Brunswick.(Cour)
“deputy sheriff” means a person appointed as a deputy sheriff under the Sheriffs Act.(shérif adjoint)
“designated authority” means a person or category of persons designated by the Lieutenant-Governor in Council to hear applications for emergency intervention orders and make decisions on those applications.(autorité designée)
“firearm” means a firearm as defined in the Criminal Code (Canada).(arme à feu)
“intimate personal relationship” means a relationship between two persons, regardless of whether they have lived together at any time,(relation personnelle intime)
(a) who are or have been married to each other,
(b) who are or have been in a conjugal relationship, or
(c) who are or have been in a dating or romantic relationship.
“judge” means a judge of the Court.(juge)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“peace officer” means a police officer as defined in the Police Act and a member of the Royal Canadian Mounted Police.(agent de la paix)
“police force” means the police force, as defined in the Police Act, or the detachment of the Royal Canadian Mounted Police that is responsible for providing policing services to the area where the applicant resides.(corps de police)
“property” means an interest, present or future, vested or contingent, in real or personal property and includes(bien)
(a) property that a person owns;
(b) property that a person does not own but
(i) uses or enjoys,
(ii) is available for the person’s use or enjoyment,
(iii) is in the person’s care or custody, or
(iv) is at the person’s residence; and
(c) household pets.
“residence” means a place where an applicant normally resides and includes a residence that an applicant has vacated due to intimate partner violence.(résidence)
“respondent” means a person against whom an emergency intervention order is sought or made under this Act.(intimé)
“telecommunication” includes the use of a telephone, e‑mail or fax.(télécommunication)
“weapon” means a weapon as defined in the Criminal Code (Canada).(arme)
2019, c.2, s.76; 2020, c.25, s.62; 2022, c.28, s.29; 2023, c.17, s.127
Definitions
1The following definitions apply in this Act.
“applicant” means a person in respect of whom an emergency intervention order is sought or made under this Act.(requérant)
“best interests of the child” means best interests of the child as defined in the Family Services Act.(intérêt supérieur de l’enfant)
“child” means a child who normally or periodically resides with an applicant, is under the age of 19 and is unmarried, whether or not the child is a child of the applicant and the respondent or either of them, and includes a child in the care and custody of the applicant.(enfant)
“Court” means The Court of Queen’s Bench of New Brunswick.(Cour)
“deputy sheriff” means a person appointed as a deputy sheriff under the Sheriffs Act.(shérif adjoint)
“designated authority” means a person or category of persons designated by the Lieutenant-Governor in Council to hear applications for emergency intervention orders and make decisions on those applications.(autorité designée)
“firearm” means a firearm as defined in the Criminal Code (Canada).(arme à feu)
“intimate personal relationship” means a relationship between two persons, regardless of whether they have lived together at any time,(relation personnelle intime)
(a) who are or have been married to each other,
(b) who are or have been in a conjugal relationship, or
(c) who are or have been in a dating or romantic relationship.
“judge” means a judge of the Court.(juge)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“peace officer” means a police officer as defined in the Police Act and a member of the Royal Canadian Mounted Police.(agent de la paix)
“police force” means the police force, as defined in the Police Act, or the detachment of the Royal Canadian Mounted Police that is responsible for providing policing services to the area where the applicant resides.(corps de police)
“property” means an interest, present or future, vested or contingent, in real or personal property and includes(bien)
(a) property that a person owns;
(b) property that a person does not own but
(i) uses or enjoys,
(ii) is available for the person’s use or enjoyment,
(iii) is in the person’s care or custody, or
(iv) is at the person’s residence; and
(c) household pets.
“residence” means a place where an applicant normally resides and includes a residence that an applicant has vacated due to intimate partner violence.(résidence)
“respondent” means a person against whom an emergency intervention order is sought or made under this Act.(intimé)
“telecommunication” includes the use of a telephone, e‑mail or fax.(télécommunication)
“weapon” means a weapon as defined in the Criminal Code (Canada).(arme)
2019, c.2, s.76; 2020, c.25, s.62; 2022, c.28, s.29
Definitions
1The following definitions apply in this Act.
“applicant” means a person in respect of whom an emergency intervention order is sought or made under this Act.(requérant)
“best interests of the child” means best interests of the child as defined in the Family Services Act.(intérêt supérieur de l’enfant)
“child” means a child who normally or periodically resides with an applicant, is under the age of 19 and is unmarried, whether or not the child is a child of the applicant and the respondent or either of them, and includes a child in the care and custody of the applicant.(enfant)
“Court” means The Court of Queen’s Bench of New Brunswick.(Cour)
“deputy sheriff” means a person appointed as a deputy sheriff under the Sheriffs Act.(shérif adjoint)
“designated authority” means a person or category of persons designated by the Lieutenant-Governor in Council to hear applications for emergency intervention orders and make decisions on those applications.(autorité designée)
“firearm” means a firearm as defined in the Criminal Code (Canada).(arme à feu)
“intimate personal relationship” means a relationship between two persons, regardless of whether they have lived together at any time,(relation personnelle intime)
(a) who are or have been married to each other,
(b) who are or have been in a conjugal relationship, or
(c) who are or have been in a dating or romantic relationship.
“judge” means a judge of the Court.(juge)
“Minister” means the Minister of Justice and Public Safety and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“peace officer” means a police officer as defined in the Police Act and a member of the Royal Canadian Mounted Police.(agent de la paix)
“police force” means the police force, as defined in the Police Act, or the detachment of the Royal Canadian Mounted Police that is responsible for providing policing services to the area where the applicant resides.(corps de police)
“property” means an interest, present or future, vested or contingent, in real or personal property and includes(bien)
(a) property that a person owns;
(b) property that a person does not own but
(i) uses or enjoys,
(ii) is available for the person’s use or enjoyment,
(iii) is in the person’s care or custody, or
(iv) is at the person’s residence; and
(c) household pets.
“residence” means a place where an applicant normally resides and includes a residence that an applicant has vacated due to intimate partner violence.(résidence)
“respondent” means a person against whom an emergency intervention order is sought or made under this Act.(intimé)
“telecommunication” includes the use of a telephone, e‑mail or fax.(télécommunication)
“weapon” means a weapon as defined in the Criminal Code (Canada).(arme)
2019, c.2, s.76; 2020, c.25, s.62
Definitions
1The following definitions apply in this Act.
“applicant” means a person in respect of whom an emergency intervention order is sought or made under this Act.(requérant)
“best interests of the child” means best interests of the child as defined in the Family Services Act.(intérêt supérieur de l’enfant)
“child” means a child who normally or periodically resides with an applicant, is under the age of 19 and is unmarried, whether or not the child is a child of the applicant and the respondent or either of them, and includes a child in the care and custody of the applicant.(enfant)
“Court” means The Court of Queen’s Bench of New Brunswick.(Cour)
“deputy sheriff” means a person appointed as a deputy sheriff under the Sheriffs Act.(shérif adjoint)
“designated authority” means a person or category of persons designated by the Lieutenant-Governor in Council to hear applications for emergency intervention orders and make decisions on those applications.(autorité designée)
“firearm” means a firearm as defined in the Criminal Code (Canada).(arme à feu)
“intimate personal relationship” means a relationship between two persons, regardless of whether they have lived together at any time,(relation personnelle intime)
(a) who are or have been married to each other,
(b) who are or have been in a conjugal relationship, or
(c) who are or have been in a dating or romantic relationship.
“judge” means a judge of the Court.(juge)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“peace officer” means a police officer as defined in the Police Act and a member of the Royal Canadian Mounted Police.(agent de la paix)
“police force” means the police force, as defined in the Police Act, or the detachment of the Royal Canadian Mounted Police that is responsible for providing policing services to the area where the applicant resides.(corps de police)
“property” means an interest, present or future, vested or contingent, in real or personal property and includes(bien)
(a) property that a person owns;
(b) property that a person does not own but
(i) uses or enjoys,
(ii) is available for the person’s use or enjoyment,
(iii) is in the person’s care or custody, or
(iv) is at the person’s residence; and
(c) household pets.
“residence” means a place where an applicant normally resides and includes a residence that an applicant has vacated due to intimate partner violence.(résidence)
“respondent” means a person against whom an emergency intervention order is sought or made under this Act.(intimé)
“telecommunication” includes the use of a telephone, e‑mail or fax.(télécommunication)
“weapon” means a weapon as defined in the Criminal Code (Canada).(arme)
2019, c.2, s.76
Definitions
1The following definitions apply in this Act.
“applicant” means a person in respect of whom an emergency intervention order is sought or made under this Act.(requérant)
“best interests of the child” means best interests of the child as defined in the Family Services Act.(intérêt supérieur de l’enfant)
“child” means a child who normally or periodically resides with an applicant, is under the age of 19 and is unmarried, whether or not the child is a child of the applicant and the respondent or either of them, and includes a child in the care and custody of the applicant.(enfant)
“Court” means The Court of Queen’s Bench of New Brunswick.(Cour)
“deputy sheriff” means a person appointed as a deputy sheriff under the Sheriffs Act.(shérif adjoint)
“designated authority” means a person or category of persons designated by the Lieutenant-Governor in Council to hear applications for emergency intervention orders and make decisions on those applications.(autorité designée)
“firearm” means a firearm as defined in the Criminal Code (Canada).(arme à feu)
“intimate personal relationship” means a relationship between two persons, regardless of whether they have lived together at any time,(relation personnelle intime)
(a) who are or have been married to each other,
(b) who are or have been in a conjugal relationship, or
(c) who are or have been in a dating or romantic relationship.
“judge” means a judge of the Court.(juge)
“Minister” means the Minister of Justice and Public Safety and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“peace officer” means a police officer as defined in the Police Act and a member of the Royal Canadian Mounted Police.(agent de la paix)
“police force” means the police force, as defined in the Police Act, or the detachment of the Royal Canadian Mounted Police that is responsible for providing policing services to the area where the applicant resides.(corps de police)
“property” means an interest, present or future, vested or contingent, in real or personal property and includes(bien)
(a) property that a person owns;
(b) property that a person does not own but
(i) uses or enjoys,
(ii) is available for the person’s use or enjoyment,
(iii) is in the person’s care or custody, or
(iv) is at the person’s residence; and
(c) household pets.
“residence” means a place where an applicant normally resides and includes a residence that an applicant has vacated due to intimate partner violence.(résidence)
“respondent” means a person against whom an emergency intervention order is sought or made under this Act.(intimé)
“telecommunication” includes the use of a telephone, e‑mail or fax.(télécommunication)
“weapon” means a weapon as defined in the Criminal Code (Canada).(arme)
Definitions
1The following definitions apply in this Act.
“applicant” means a person in respect of whom an emergency intervention order is sought or made under this Act.(requérant)
“best interests of the child” means best interests of the child as defined in the Family Services Act.(intérêt supérieur de l’enfant)
“child” means a child who normally or periodically resides with an applicant, is under the age of 19 and is unmarried, whether or not the child is a child of the applicant and the respondent or either of them, and includes a child in the care and custody of the applicant.(enfant)
“Court” means The Court of Queen’s Bench of New Brunswick.(Cour)
“deputy sheriff” means a person appointed as a deputy sheriff under the Sheriffs Act.(shérif adjoint)
“designated authority” means a person or category of persons designated by the Lieutenant-Governor in Council to hear applications for emergency intervention orders and make decisions on those applications.(autorité designée)
“firearm” means a firearm as defined in the Criminal Code (Canada).(arme à feu)
“intimate personal relationship” means a relationship between two persons, regardless of whether they have lived together at any time,(relation personnelle intime)
(a) who are or have been married to each other,
(b) who are or have been in a conjugal relationship, or
(c) who are or have been in a dating or romantic relationship.
“judge” means a judge of the Court.(juge)
“Minister” means the Minister of Justice and Public Safety and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“peace officer” means a police officer as defined in the Police Act and a member of the Royal Canadian Mounted Police.(agent de la paix)
“police force” means the police force, as defined in the Police Act, or the detachment of the Royal Canadian Mounted Police that is responsible for providing policing services to the area where the applicant resides.(corps de police)
“property” means an interest, present or future, vested or contingent, in real or personal property and includes(bien)
(a) property that a person owns;
(b) property that a person does not own but
(i) uses or enjoys,
(ii) is available for the person’s use or enjoyment,
(iii) is in the person’s care or custody, or
(iv) is at the person’s residence; and
(c) household pets.
“residence” means a place where an applicant normally resides and includes a residence that an applicant has vacated due to intimate partner violence.(résidence)
“respondent” means a person against whom an emergency intervention order is sought or made under this Act.(intimé)
“telecommunication” includes the use of a telephone, e‑mail or fax.(télécommunication)
“weapon” means a weapon as defined in the Criminal Code (Canada).(arme)