Powers and responsibilities of court
53(1)Notwithstanding any existing agreement or order, where a matter is before the court pursuant to an application made under this Part the court may
(a)
make an order under section 54, 55, 56, 56.1, 57 or 58;
(b)
by order vary, terminate, or extend any such order as authorized by section 60;
(c)
dismiss the application where the court is satisfied that there is insufficient cause to make an order; or
(d)
subject to subsection (3), adjourn the hearing from time to time.
53(1.1)The court shall not make an order for the payment of costs in relation to an application made under this Part against a person other than the Minister.
53(2)When disposing of an application under this Part the court shall at all times place above all other considerations the best interests of the child.
53(3)The court shall dispose of an application made under this Part within the following time limits unless the court is satisfied that exceptional circumstances require the disposition of the application to be delayed beyond the applicable time limit, in which case the court may so order, stating in the order the circumstances that gave rise to the order:
(a)
in the case of an application for a supervisory order or a custody order made
(i)
before the commencement of this subsection, within 30 days after the day the application was made, and
(ii)
on or after the commencement of this subsection, within three months after the day the application is made;
(b)
in the case of an application for a guardianship order made
(i)
before the commencement of this subsection, within 30 days after the day the application was made, and
(ii)
on or after the commencement of this subsection, within six months after the day the application is made; and
(c)
in the case of any other application, within 30 days after the day the application is made.
53(3.1)A failure to comply with subsection (3) does not deprive the court of jurisdiction.
53(4)No application shall be dismissed because of a procedural defect or lack of conformity with any requirement of this Part if the court is satisfied that
(a)
the defect or lack of conformity has been or can be compensated for by such substituted procedures as the court determines to be adequate in the circumstances; or
(b)
failure to cure or compensate for the defect or lack of conformity has not resulted in or will not result in substantial prejudice to the interests of a person who may be affected by the outcome of the proceedings.
53(5)The court shall give reasons for making an order or dismissing any application.
53(6)An order referred to in paragraph (1)(
a) shall be in the prescribed form.
1988, c.13, s.3; 2016, c.37, s.66; 2019, c.17, s.16; 2022, c.62, s.1