Procedure before hearing of application
52(1)The court has jurisdiction to hear and determine any application made under this Part.
52(2)Having consideration for the best interests of the child, the court shall set a time and place for a hearing which, subject to subsection 51(6), shall be held as soon as reasonably practicable and in no case later than fifteen days after the day the application was made to the court.
52(3)The Minister shall give notice of the application and of the time and place of the hearing to the parent of the child and to such other persons as the Court directs.
52(3.1)Despite subsection (3), in the case of an application for transfer of guardianship, the notice shall be made to a person who wishes to become the guardian of the child, to the child if he or she is 12 years of age or older, to a person who holds an order for access and to any other person that the court directs.
52(4)Service of copies of the application and notice of hearing shall be deemed to be notice for the purposes of subsection (3) or (3.1), and service may be proven by oral testimony or by the affidavit of the person effecting service.
52(5)Where notice under subsection (3) or (3.1) has not been effected by service under subsection (4), it may be proven by such evidence as is sufficient to satisfy the court that notice has effectively been given.
52(6)Where the court is satisfied that reasonable efforts have failed to locate a person to be given notice under subsection (3) or (3.1), the court may
(a)
waive the notice requirements under subsection (3) or (3.1), or
(b)
order notice to be given by substituted service as prescribed by the court,
and if notice has been given or has been waived under this section the court may hear the application in the person’s absence, and the absence of that person does not affect the validity of the hearing or the jurisdiction of the court to make an order.
1981, c.10, s.3; 1983, c.16, s.3; 1995, c.43, s.7; 2016, c.37, s.66; 2019, c.17, s.15