Acts and Regulations

F-2.2 - Family Services Act

Section 39
Disposition versions

Full text
Powers of court
39(1)If the court, after hearing the application, is satisfied that the person is a neglected adult or an abused adult and the person is mentally incompetent, the court may, where it appears in the best interests of the person to do so,
(a) make an order directing that the person who is the subject of the application remain where the person is residing in the care and control of the person in whose care the person who is the subject of the application may be, subject to supervision by the Minister and to conditions set out in the order;
(b) make an order directing that the person who is the subject of the application be placed under the supervision of the Minister, subject to such conditions as may be set out in the order, including conditions with respect to the care, control and management of any property of the person;
(b.1) issue a warrant for the removal from the premises in which the person who is the subject of the application resides of the person who, in the opinion of the court, is a source of danger to the person who is the subject of the application;
(c) make a protective intervention order directed to any other person who, in the opinion of the court, is a source of danger to the person who is the subject of the application, requiring that other person to do one or more of the following:
(i) to cease to reside in the same premises in which the person who is the subject of the application is to reside, whether or not that other person has an interest in those premises;
(ii) to refrain from any contact or association with the person who is the subject of the application;
(iii) to pay such support as the court may establish in accordance with the Family Law Act;
(d) make an order authorizing the Minister to give consent on behalf of the person who is the subject of the application for any necessary medical, surgical or dental treatment;
or, subject to subsection (1.1), may make any other order that the court considers appropriate under the circumstances.
39(1.1)The court shall not make an order for the payment of costs in relation to an application under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection (2) against a person other than the Minister.
39(2)Repealed: 2023, c.36, s.13
39(3)Any person who does not comply with an order made under paragraph (1)(c) commits an offence.
39(4)Any order made under subsection (1) is in force for the period stated in the order, not to exceed twelve months, and may be extended for additional periods not exceeding twelve months each.
39(5)Any person who is subject to an order made under subsection (1) may, in the prescribed form, and upon fourteen days’ notice to the Minister, apply to the court to have the order made under subsection (1) varied or terminated.
39(6)The Minister may, in the prescribed form and after notice as set out in subsection 38(2), apply to the court to have an order made under subsection (1) varied, extended or terminated.
39(7)Upon hearing the application, the court, if satisfied that circumstances have changed sufficiently since the making of the order under subsection (1), may make such further order varying, extending or terminating the order as it considers appropriate.
39(8)Where the court is of the opinion that the interests and concerns of a person in respect of whom a hearing is held under this section should be represented by counsel or by a responsible spokesman, the court shall advise the Attorney General that in its opinion counsel or a responsible spokesman should be made available to assist in the representation of the person’s interests and concerns.
1990, c.25, s.8; 1992, c.20, s.2; 1992, c.33, s.1; 1997, c.2, s.10; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3; 2023, c.36, s.13
Powers of court
39(1)If the court, after hearing the application, is satisfied that the person is a neglected adult or an abused adult and the person is mentally incompetent, the court may, where it appears in the best interests of the person to do so,
(a) make an order directing that the person who is the subject of the application remain where the person is residing in the care and control of the person in whose care the person who is the subject of the application may be, subject to supervision by the Minister and to conditions set out in the order;
(b) make an order directing that the person who is the subject of the application be placed under the supervision of the Minister, subject to such conditions as may be set out in the order, including conditions with respect to the care, control and management of any property of the person;
(b.1) issue a warrant for the removal from the premises in which the person who is the subject of the application resides of the person who, in the opinion of the court, is a source of danger to the person who is the subject of the application;
(c) make a protective intervention order directed to any other person who, in the opinion of the court, is a source of danger to the person who is the subject of the application, requiring that other person to do one or more of the following:
(i) to cease to reside in the same premises in which the person who is the subject of the application is to reside, whether or not that other person has an interest in those premises;
(ii) to refrain from any contact or association with the person who is the subject of the application;
(iii) to pay such support as the court may establish in accordance with the Family Law Act;
(d) make an order authorizing the Minister to give consent on behalf of the person who is the subject of the application for any necessary medical, surgical or dental treatment;
or, subject to subsection (1.1), may make any other order that the court considers appropriate under the circumstances.
39(1.1)The court shall not make an order for the payment of costs in relation to an application under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection (2) against a person other than the Minister.
39(2)Where a child in care
(a) is about to or has become an adult,
(b) will cease to be a child in care, and
(c) is, in the opinion of the Minister, mentally incompetent,
and where there is no adult member of his immediate family or any other adult who could assume responsibility for his care or supervision, the Minister may apply for, and the court may make, an order under subsection (1) on the basis that the child in care would be a neglected adult upon ceasing to be a child in care.
39(3)Any person who does not comply with an order made under paragraph (1)(c) commits an offence.
39(4)Any order made under subsection (1) is in force for the period stated in the order, not to exceed twelve months, and may be extended for additional periods not exceeding twelve months each.
39(5)Any person who is subject to an order made under subsection (1) may, in the prescribed form, and upon fourteen days’ notice to the Minister, apply to the court to have the order made under subsection (1) varied or terminated.
39(6)The Minister may, in the prescribed form and after notice as set out in subsection 38(2), apply to the court to have an order made under subsection (1) varied, extended or terminated.
39(7)Upon hearing the application, the court, if satisfied that circumstances have changed sufficiently since the making of the order under subsection (1), may make such further order varying, extending or terminating the order as it considers appropriate.
39(8)Where the court is of the opinion that the interests and concerns of a person in respect of whom a hearing is held under this section should be represented by counsel or by a responsible spokesman, the court shall advise the Attorney General that in its opinion counsel or a responsible spokesman should be made available to assist in the representation of the person’s interests and concerns.
1990, c.25, s.8; 1992, c.20, s.2; 1992, c.33, s.1; 1997, c.2, s.10; 2016, c.37, s.66; 2019, c.2, s.54; 2020, c.24, s.3
Powers of court
39(1)If the court, after hearing the application, is satisfied that the person is a neglected adult or an abused adult and the person is mentally incompetent, the court may, where it appears in the best interests of the person to do so,
(a) make an order directing that the person who is the subject of the application remain where the person is residing in the care and control of the person in whose care the person who is the subject of the application may be, subject to supervision by the Minister and to conditions set out in the order;
(b) make an order directing that the person who is the subject of the application be placed under the supervision of the Minister, subject to such conditions as may be set out in the order, including conditions with respect to the care, control and management of any property of the person;
(b.1) issue a warrant for the removal from the premises in which the person who is the subject of the application resides of the person who, in the opinion of the court, is a source of danger to the person who is the subject of the application;
(c) make a protective intervention order directed to any other person who, in the opinion of the court, is a source of danger to the person who is the subject of the application, requiring that other person to do one or more of the following:
(i) to cease to reside in the same premises in which the person who is the subject of the application is to reside, whether or not that other person has an interest in those premises;
(ii) to refrain from any contact or association with the person who is the subject of the application;
(iii) to pay such support as the court may establish in accordance with Part VII;
(d) make an order authorizing the Minister to give consent on behalf of the person who is the subject of the application for any necessary medical, surgical or dental treatment;
or, subject to subsection (1.1), may make any other order that the court considers appropriate under the circumstances.
39(1.1)The court shall not make an order for the payment of costs in relation to an application under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection (2) against a person other than the Minister.
39(2)Where a child in care
(a) is about to or has become an adult,
(b) will cease to be a child in care, and
(c) is, in the opinion of the Minister, mentally incompetent,
and where there is no adult member of his immediate family or any other adult who could assume responsibility for his care or supervision, the Minister may apply for, and the court may make, an order under subsection (1) on the basis that the child in care would be a neglected adult upon ceasing to be a child in care.
39(3)Any person who does not comply with an order made under paragraph (1)(c) commits an offence.
39(4)Any order made under subsection (1) is in force for the period stated in the order, not to exceed twelve months, and may be extended for additional periods not exceeding twelve months each.
39(5)Any person who is subject to an order made under subsection (1) may, in the prescribed form, and upon fourteen days’ notice to the Minister, apply to the court to have the order made under subsection (1) varied or terminated.
39(6)The Minister may, in the prescribed form and after notice as set out in subsection 38(2), apply to the court to have an order made under subsection (1) varied, extended or terminated.
39(7)Upon hearing the application, the court, if satisfied that circumstances have changed sufficiently since the making of the order under subsection (1), may make such further order varying, extending or terminating the order as it considers appropriate.
39(8)Where the court is of the opinion that the interests and concerns of a person in respect of whom a hearing is held under this section should be represented by counsel or by a responsible spokesman, the court shall advise the Attorney General that in its opinion counsel or a responsible spokesman should be made available to assist in the representation of the person’s interests and concerns.
1990, c.25, s.8; 1992, c.20, s.2; 1992, c.33, s.1; 1997, c.2, s.10; 2016, c.37, s.66; 2019, c.2, s.54
Powers of court
39(1)If the court, after hearing the application, is satisfied that the person is a neglected adult or an abused adult and the person is mentally incompetent, the court may, where it appears in the best interests of the person to do so,
(a) make an order directing that the person who is the subject of the application remain where the person is residing in the care and control of the person in whose care the person who is the subject of the application may be, subject to supervision by the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, and to conditions set out in the order;
(b) make an order directing that the person who is the subject of the application be placed under the supervision of the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, subject to such conditions as may be set out in the order, including conditions with respect to the care, control and management of any property of the person;
(b.1) issue a warrant for the removal from the premises in which the person who is the subject of the application resides of the person who, in the opinion of the court, is a source of danger to the person who is the subject of the application;
(c) make a protective intervention order directed to any other person who, in the opinion of the court, is a source of danger to the person who is the subject of the application, requiring that other person to do one or more of the following:
(i) to cease to reside in the same premises in which the person who is the subject of the application is to reside, whether or not that other person has an interest in those premises;
(ii) to refrain from any contact or association with the person who is the subject of the application;
(iii) to pay such support as the court may establish in accordance with Part VII;
(d) make an order authorizing the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, to give consent on behalf of the person who is the subject of the application for any necessary medical, surgical or dental treatment;
or, subject to subsection (1.1), may make any other order that the court considers appropriate under the circumstances.
39(1.1)The court shall not make an order for the payment of costs in relation to an application under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection (2) against a person other than the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be.
39(2)Where a child in care
(a) is about to or has become an adult,
(b) will cease to be a child in care, and
(c) is, in the opinion of the Minister of Families and Children, mentally incompetent,
and where there is no adult member of his immediate family or any other adult who could assume responsibility for his care or supervision, the Minister of Families and Children may apply for, and the court may make, an order under subsection (1) on the basis that the child in care would be a neglected adult upon ceasing to be a child in care.
39(3)Any person who does not comply with an order made under paragraph (1)(c) commits an offence.
39(4)Any order made under subsection (1) is in force for the period stated in the order, not to exceed twelve months, and may be extended for additional periods not exceeding twelve months each.
39(5)Any person who is subject to an order made under subsection (1) may, in the prescribed form, and upon fourteen days’ notice to the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, apply to the court to have the order made under subsection (1) varied or terminated.
39(6)The Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, may, in the prescribed form and after notice as set out in subsection 38(2), apply to the court to have an order made under subsection (1) varied, extended or terminated.
39(7)Upon hearing the application, the court, if satisfied that circumstances have changed sufficiently since the making of the order under subsection (1), may make such further order varying, extending or terminating the order as it considers appropriate.
39(8)Where the court is of the opinion that the interests and concerns of a person in respect of whom a hearing is held under this section should be represented by counsel or by a responsible spokesman, the court shall advise the Attorney General that in its opinion counsel or a responsible spokesman should be made available to assist in the representation of the person’s interests and concerns.
1990, c.25, s.8; 1992, c.20, s.2; 1992, c.33, s.1; 1997, c.2, s.10; 2016, c.37, s.66
Powers of court
39(1)If the court, after hearing the application, is satisfied that the person is a neglected adult or an abused adult and the person is mentally incompetent, the court may, where it appears in the best interests of the person to do so,
(a) make an order directing that the person who is the subject of the application remain where the person is residing in the care and control of the person in whose care the person who is the subject of the application may be, subject to supervision by the Minister and to conditions set out in the order;
(b) make an order directing that the person who is the subject of the application be placed under the supervision of the Minister, subject to such conditions as may be set out in the order, including conditions with respect to the care, control and management of any property of the person;
(b.1) issue a warrant for the removal from the premises in which the person who is the subject of the application resides of the person who, in the opinion of the court, is a source of danger to the person who is the subject of the application;
(c) make a protective intervention order directed to any other person who, in the opinion of the court, is a source of danger to the person who is the subject of the application, requiring that other person to do one or more of the following:
(i) to cease to reside in the same premises in which the person who is the subject of the application is to reside, whether or not that other person has an interest in those premises;
(ii) to refrain from any contact or association with the person who is the subject of the application;
(iii) to pay such support as the court may establish in accordance with Part VII;
(d) make an order authorizing the Minister to give consent on behalf of the person who is the subject of the application for any necessary medical, surgical or dental treatment;
or, subject to subsection (1.1), may make any other order that the court considers appropriate under the circumstances.
39(1.1)The court shall not make an order for the payment of costs in relation to an application under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection (2) against a person other than the Minister.
39(2)Where a child in care
(a) is about to or has become an adult,
(b) will cease to be a child in care, and
(c) is, in the opinion of the Minister, mentally incompetent,
and where there is no adult member of his immediate family or any other adult who could assume responsibility for his care or supervision, the Minister may apply for, and the court may make, an order under subsection (1) on the basis that the child in care would be a neglected adult upon ceasing to be a child in care.
39(3)Any person who does not comply with an order made under paragraph (1)(c) commits an offence.
39(4)Any order made under subsection (1) is in force for the period stated in the order, not to exceed twelve months, and may be extended for additional periods not exceeding twelve months each.
39(5)Any person who is subject to an order made under subsection (1) may, in the prescribed form, and upon fourteen days’ notice to the Minister, apply to the court to have the order made under subsection (1) varied or terminated.
39(6)The Minister may, in the prescribed form and after notice as set out in subsection 38(2), apply to the court to have an order made under subsection (1) varied, extended or terminated.
39(7)Upon hearing the application, the court, if satisfied that circumstances have changed sufficiently since the making of the order under subsection (1), may make such further order varying, extending or terminating the order as it considers appropriate.
39(8)Where the court is of the opinion that the interests and concerns of a person in respect of whom a hearing is held under this section should be represented by counsel or by a responsible spokesman, the court shall advise the Attorney General that in its opinion counsel or a responsible spokesman should be made available to assist in the representation of the person’s interests and concerns.
1990, c.25, s.8; 1992, c.20, s.2; 1992, c.33, s.1; 1997, c.2, s.10
Powers of court
39(1)If the court, after hearing the application, is satisfied that the person is a neglected adult or an abused adult and the person is mentally incompetent, the court may, where it appears in the best interests of the person to do so,
(a) make an order directing that the person who is the subject of the application remain where the person is residing in the care and control of the person in whose care the person who is the subject of the application may be, subject to supervision by the Minister and to conditions set out in the order;
(b) make an order directing that the person who is the subject of the application be placed under the supervision of the Minister, subject to such conditions as may be set out in the order, including conditions with respect to the care, control and management of any property of the person;
(b.1) issue a warrant for the removal from the premises in which the person who is the subject of the application resides of the person who, in the opinion of the court, is a source of danger to the person who is the subject of the application;
(c) make a protective intervention order directed to any other person who, in the opinion of the court, is a source of danger to the person who is the subject of the application, requiring that other person to do one or more of the following:
(i) to cease to reside in the same premises in which the person who is the subject of the application is to reside, whether or not that other person has an interest in those premises;
(ii) to refrain from any contact or association with the person who is the subject of the application;
(iii) to pay such support as the court may establish in accordance with Part VII;
(d) make an order authorizing the Minister to give consent on behalf of the person who is the subject of the application for any necessary medical, surgical or dental treatment;
or, subject to subsection (1.1), may make any other order that the court considers appropriate under the circumstances.
39(1.1)The court shall not make an order for the payment of costs in relation to an application under paragraph 37(1.1)(a) or 37.1(4)(b), section 37.2 or subsection (2) against a person other than the Minister.
39(2)Where a child in care
(a) is about to or has become an adult,
(b) will cease to be a child in care, and
(c) is, in the opinion of the Minister, mentally incompetent,
and where there is no adult member of his immediate family or any other adult who could assume responsibility for his care or supervision, the Minister may apply for, and the court may make, an order under subsection (1) on the basis that the child in care would be a neglected adult upon ceasing to be a child in care.
39(3)Any person who does not comply with an order made under paragraph (1)(c) commits an offence.
39(4)Any order made under subsection (1) is in force for the period stated in the order, not to exceed twelve months, and may be extended for additional periods not exceeding twelve months each.
39(5)Any person who is subject to an order made under subsection (1) may, in the prescribed form, and upon fourteen days’ notice to the Minister, apply to the court to have the order made under subsection (1) varied or terminated.
39(6)The Minister may, in the prescribed form and after notice as set out in subsection 38(2), apply to the court to have an order made under subsection (1) varied, extended or terminated.
39(7)Upon hearing the application, the court, if satisfied that circumstances have changed sufficiently since the making of the order under subsection (1), may make such further order varying, extending or terminating the order as it considers appropriate.
39(8)Where the court is of the opinion that the interests and concerns of a person in respect of whom a hearing is held under this section should be represented by counsel or by a responsible spokesman, the court shall advise the Attorney-General that in its opinion counsel or a responsible spokesman should be made available to assist in the representation of the person’s interests and concerns.
1990, c.25, s.8; 1992, c.20, s.2; 1992, c.33, s.1; 1997, c.2, s.10