Acts and Regulations

F-2.2 - Family Services Act

Section 51.1
Disposition versions

Full text
Application by parent for review of protective care
Repealed: 2023, c.36, s.13
2023, c.36, s.13
51.1Repealed: 2023, c.36, s.13
1995, c.43, s.6; 2016, c.37, s.66; 2023, c.36, s.13
Application by parent for review of protective care
51.1(1)Where the Minister places a child under protective care and subsequently releases the child without entering into an agreement under paragraph 51(1)(b), the parent of the child, upon fourteen days’ notice to the Minister, may apply to the court for a review by the court of the use of protective care by the Minister.
51.1(2)An application under this section shall be made within thirty days after the child was released from protective care.
51.1(3)An application under this section shall be in the prescribed form.
51.1(4)A person who makes an application under this section shall give notice of the application and of the time and place of the hearing to the Minister and to such other persons as the court directs.
51.1(5)On an application under subsection (1), the court may, notwithstanding any other provision of this Part,
(a) if it is satisfied that the Minister had reasonable grounds to place the child under protective care, dismiss the application, or
(b) if the court is not satisfied that the Minister had reasonable grounds for placing the child under protective care, issue a declaratory order to that effect.
51.1(6)The court shall not make an order for damages or provide any remedy other than a declaratory order in relation to an application under this section.
51.1(7)Subject to subsection (8), no other provision of this Part governing applications under this Part applies to an application under this section.
51.1(8)Subsection 52(1), subsections 53(4) and (5) and section 59 apply with the necessary modifications in respect of an application under this section.
1995, c.43, s.6; 2016, c.37, s.66
Application by parent for review of protective care
51.1(1)Where the Minister places a child under protective care and subsequently releases the child without entering into an agreement under paragraph 51(1)(b), the parent of the child, upon fourteen days’ notice to the Minister, may apply to the court for a review by the court of the use of protective care by the Minister.
51.1(2)An application under this section shall be made within thirty days after the child was released from protective care.
51.1(3)An application under this section shall be in the prescribed form.
51.1(4)A person who makes an application under this section shall give notice of the application and of the time and place of the hearing to the Minister and to such other persons as the court directs.
51.1(5)On an application under subsection (1), the court may, notwithstanding any other provision of this Part,
(a) if it is satisfied that the Minister had reasonable grounds to place the child under protective care, dismiss the application, or
(b) if the court is not satisfied that the Minister had reasonable grounds for placing the child under protective care, issue a declaratory order to that effect.
51.1(6)The court shall not make an order for damages or provide any remedy other than a declaratory order in relation to an application under this section.
51.1(7)Subject to subsection (8), no other provision of this Part governing applications under this Part applies to an application under this section.
51.1(8)Subsection 52(1), subsections 53(4) and (5) and section 59 apply with the necessary modifications in respect of an application under this section.
1995, c.43, s.6
Application by parent for review of protective care
51.1(1)Where the Minister places a child under protective care and subsequently releases the child without entering into an agreement under paragraph 51(1)(b), the parent of the child, upon fourteen days’ notice to the Minister, may apply to the court for a review by the court of the use of protective care by the Minister.
51.1(2)An application under this section shall be made within thirty days after the child was released from protective care.
51.1(3)An application under this section shall be in the prescribed form.
51.1(4)A person who makes an application under this section shall give notice of the application and of the time and place of the hearing to the Minister and to such other persons as the court directs.
51.1(5)On an application under subsection (1), the court may, notwithstanding any other provision of this Part,
(a) if it is satisfied that the Minister had reasonable grounds to place the child under protective care, dismiss the application, or
(b) if the court is not satisfied that the Minister had reasonable grounds for placing the child under protective care, issue a declaratory order to that effect.
51.1(6)The court shall not make an order for damages or provide any remedy other than a declaratory order in relation to an application under this section.
51.1(7)Subject to subsection (8), no other provision of this Part governing applications under this Part applies to an application under this section.
51.1(8)Subsection 52(1), subsections 53(4) and (5) and section 59 apply with the necessary modifications in respect of an application under this section.
1995, c.43, s.6