Acts and Regulations

F-2.2 - Family Services Act

Section 51
Disposition versions

Full text
Application where security or development of child endangered
Repealed: 2023, c.36, s.13
2023, c.36, s.13
51Repealed: 2023, c.36, s.13
1995, c.43, s.5; 1996, c.75, s.3; 1996, c.76, s.1; 1999, c.32, s.6; 2016, c.37, s.66; 2020, c.24, s.3; 2023, c.36, s.13
Application where security or development of child endangered
51(1)Where the Minister places a child under protective care, the Minister shall immediately advise the parent of the child stating the action taken and giving reasons for the action taken, wherever possible, and within five days after placing the child under protective care shall
(a) release the child from protective care,
(b) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected and release the child from protective care, subject to and in accordance with the agreement, or
(c) apply for an order regarding the child.
51(2)Where the Minister has reason to believe that the security or development of a child is in danger but for any reason the Minister has not placed the child under protective care, the Minister may apply for an order regarding the child.
51(3)Where a child referred to in subsection (2) is habitually resident within the Province but is temporarily absent, the Minister may apply for an order regarding the child notwithstanding that the child is temporarily absent from the Province.
51(4)Where the Minister has reason to believe that the security or development of a child is in danger and the Minister and the parent concur that it would be in the best interests of the child for the Minister to become responsible for the child by means of a court order, they may jointly apply for an order.
51(5)An application under this section shall be made in accordance with the Rules of Court.
51(6)Where the Minister places a child under protective care and applies for an order regarding the child under paragraph (1)(c), the court shall, for the purpose of assessing the basis on which the child was placed under protective care, hold an interim hearing no later than seven days after the child was placed under protective care.
51(6.1)For the purposes of calculating time under subsection (6), holidays shall not be counted.
51(7)At the conclusion of an interim hearing, the court
(a) if it is satisfied that the Minister had reasonable grounds for placing the child under protective care and that the child should remain in the protective care of the Minister, may make an interim order to that effect and shall, subject to subsection 53(3), set a time and place for a hearing of the application of the Minister, or
(b) if it is not satisfied that the Minister had reasonable grounds for placing the child under protective care or that the child should remain in the protective care of the Minister, may make an interim order directing the Minister to release the child from protective care and to return the child to the care of the parent and shall, subject to subsection 53(3), set a time and place for a hearing of the application of the Minister.
51(8)Notwithstanding subsection (7), if the parent is in agreement with the application of the Minister, the court may, with the consent of the Minister, dispose of the application of the Minister at the interim hearing.
51(9)Subsection 60(1) does not apply to an interim order made under paragraph (7)(a) or (b).
1995, c.43, s.5; 1996, c.75, s.3; 1996, c.76, s.1; 1999, c.32, s.6; 2016, c.37, s.66; 2020, c.24, s.3
Application where security or development of child endangered
51(1)Where the Minister places a child under protective care, the Minister shall immediately advise the parent of the child stating the action taken and giving reasons for the action taken, wherever possible, and within five days after placing the child under protective care shall
(a) release the child from protective care,
(b) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected and release the child from protective care, subject to and in accordance with the agreement, or
(c) apply for an order regarding the child.
51(2)Where the Minister has reason to believe that the security or development of a child is in danger but for any reason the Minister has not placed the child under protective care, the Minister may apply for an order regarding the child.
51(3)Where a child referred to in subsection (2) is ordinarily resident within the Province but is temporarily absent, the Minister may apply for an order regarding the child notwithstanding that the child is temporarily absent from the Province.
51(4)Where the Minister has reason to believe that the security or development of a child is in danger and the Minister and the parent concur that it would be in the best interests of the child for the Minister to become responsible for the child by means of a court order, they may jointly apply for an order.
51(5)An application under this section shall be made in accordance with the Rules of Court.
51(6)Where the Minister places a child under protective care and applies for an order regarding the child under paragraph (1)(c), the court shall, for the purpose of assessing the basis on which the child was placed under protective care, hold an interim hearing no later than seven days after the child was placed under protective care.
51(6.1)For the purposes of calculating time under subsection (6), holidays shall not be counted.
51(7)At the conclusion of an interim hearing, the court
(a) if it is satisfied that the Minister had reasonable grounds for placing the child under protective care and that the child should remain in the protective care of the Minister, may make an interim order to that effect and shall, subject to subsection 53(3), set a time and place for a hearing of the application of the Minister, or
(b) if it is not satisfied that the Minister had reasonable grounds for placing the child under protective care or that the child should remain in the protective care of the Minister, may make an interim order directing the Minister to release the child from protective care and to return the child to the care of the parent and shall, subject to subsection 53(3), set a time and place for a hearing of the application of the Minister.
51(8)Notwithstanding subsection (7), if the parent is in agreement with the application of the Minister, the court may, with the consent of the Minister, dispose of the application of the Minister at the interim hearing.
51(9)Subsection 60(1) does not apply to an interim order made under paragraph (7)(a) or (b).
1995, c.43, s.5; 1996, c.75, s.3; 1996, c.76, s.1; 1999, c.32, s.6; 2016, c.37, s.66
Application where security or development of child endangered
51(1)Where the Minister places a child under protective care, the Minister shall immediately advise the parent of the child stating the action taken and giving reasons for the action taken, wherever possible, and within five days after placing the child under protective care shall
(a) release the child from protective care,
(b) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected and release the child from protective care, subject to and in accordance with the agreement, or
(c) apply for an order regarding the child.
51(2)Where the Minister has reason to believe that the security or development of a child is in danger but for any reason the Minister has not placed the child under protective care, the Minister may apply for an order regarding the child.
51(3)Where a child referred to in subsection (2) is ordinarily resident within the Province but is temporarily absent, the Minister may apply for an order regarding the child notwithstanding that the child is temporarily absent from the Province.
51(4)Where the Minister has reason to believe that the security or development of a child is in danger and the Minister and the parent concur that it would be in the best interests of the child for the Minister to become responsible for the child by means of a court order, they may jointly apply for an order.
51(5)An application under this section shall be made in accordance with the Rules of Court.
51(6)Where the Minister places a child under protective care and applies for an order regarding the child under paragraph (1)(c), the court shall, for the purpose of assessing the basis on which the child was placed under protective care, hold an interim hearing no later than seven days after the child was placed under protective care.
51(6.1)For the purposes of calculating time under subsection (6), holidays shall not be counted.
51(7)At the conclusion of an interim hearing, the court
(a) if it is satisfied that the Minister had reasonable grounds for placing the child under protective care and that the child should remain in the protective care of the Minister, may make an interim order to that effect and shall, subject to subsection 53(3), set a time and place for a hearing of the application of the Minister, or
(b) if it is not satisfied that the Minister had reasonable grounds for placing the child under protective care or that the child should remain in the protective care of the Minister, may make an interim order directing the Minister to release the child from protective care and to return the child to the care of the parent and shall, subject to subsection 53(3), set a time and place for a hearing of the application of the Minister.
51(8)Notwithstanding subsection (7), if the parent is in agreement with the application of the Minister, the court may, with the consent of the Minister, dispose of the application of the Minister at the interim hearing.
51(9)Subsection 60(1) does not apply to an interim order made under paragraph (7)(a) or (b).
1995, c.43, s.5; 1996, c.75, s.3; 1996, c.76, s.1; 1999, c.32, s.6
Application where security or development of child endangered
51(1)Where the Minister places a child under protective care, the Minister shall immediately advise the parent of the child stating the action taken and giving reasons for the action taken, wherever possible, and within five days after placing the child under protective care shall
(a) release the child from protective care,
(b) enter into an agreement with the parent of the child that specifies what is and what is not to be done to ensure that the security or development of the child is adequately protected and release the child from protective care, subject to and in accordance with the agreement, or
(c) apply for an order regarding the child.
51(2)Where the Minister has reason to believe that the security or development of a child is in danger but for any reason the Minister has not placed the child under protective care, the Minister may apply for an order regarding the child.
51(3)Where a child referred to in subsection (2) is ordinarily resident within the Province but is temporarily absent, the Minister may apply for an order regarding the child notwithstanding that the child is temporarily absent from the Province.
51(4)Where the Minister has reason to believe that the security or development of a child is in danger and the Minister and the parent concur that it would be in the best interests of the child for the Minister to become responsible for the child by means of a court order, they may jointly apply for an order.
51(5)An application under this section shall be made in accordance with the Rules of Court.
51(6)Where the Minister places a child under protective care and applies for an order regarding the child under paragraph (1)(c), the court shall, for the purpose of assessing the basis on which the child was placed under protective care, hold an interim hearing no later than seven days after the child was placed under protective care.
51(6.1)For the purposes of calculating time under subsection (6), holidays shall not be counted.
51(7)At the conclusion of an interim hearing, the court
(a) if it is satisfied that the Minister had reasonable grounds for placing the child under protective care and that the child should remain in the protective care of the Minister, may make an interim order to that effect and shall, subject to subsection 53(3), set a time and place for a hearing of the application of the Minister, or
(b) if it is not satisfied that the Minister had reasonable grounds for placing the child under protective care or that the child should remain in the protective care of the Minister, may make an interim order directing the Minister to release the child from protective care and to return the child to the care of the parent and shall, subject to subsection 53(3), set a time and place for a hearing of the application of the Minister.
51(8)Notwithstanding subsection (7), if the parent is in agreement with the application of the Minister, the court may, with the consent of the Minister, dispose of the application of the Minister at the interim hearing.
51(9)Subsection 60(1) does not apply to an interim order made under paragraph (7)(a) or (b).
1995, c.43, s.5; 1996, c.75, s.3; 1996, c.76, s.1; 1999, c.32, s.6