Acts and Regulations

F-2.2 - Family Services Act

Full text
Order of extra-provincial court for transfer
Repealed: 2023, c.36, s.13
2023, c.36, s.13
62Repealed: 2023, c.36, s.13
1996, c.75, s.7; 2016, c.37, s.66; 2023, c.36, s.13
Order of extra-provincial court for transfer
62(1)Where the court of another jurisdiction orders that all or part of the parental rights and responsibilities in respect of any child who has a real and substantial connection with that jurisdiction be transferred to any agency, province or state, or representative thereof, the order shall be recognized and shall have the same force and effect as an order made under this Part.
62(2)The Minister may enter into an agreement with a representative of the Crown in right of another province, or a representative of any other government, or with any other person or agency, to accept the transfer of all or part of the parental rights and responsibilities in respect of a child who is subject to any order referred to in subsection (1); and where part of the parental rights have been transferred to the Minister, the child shall have the same relationship to the Minister as if a custody order had been made under this Act, and where all the parental rights have been transferred to the Minister, the child shall have the same relationship to the Minister as if a guardianship order had been made under this Act.
62(3)The court may, on application, make an order having the effect of varying an order made under subsection (1) if
(a) the Minister makes or consents to the application; and
(b) the child has a real and substantial connection with the Province.
62(4)Where an application is made under subsection (3) it shall be accompanied by a copy of the order certified as a true copy by a judge, other presiding officer or registrar of the extra-provincial tribunal or by the person having custody of the orders of the extra-provincial tribunal.
62(5)Where a certificate referred to in subsection (4) is produced as evidence no proof is required of the signature or appointment of the judge, presiding officer, registrar or other person issuing the certificate.
1996, c.75, s.7; 2016, c.37, s.66
Order of extra-provincial court for transfer
62(1)Where the court of another jurisdiction orders that all or part of the parental rights and responsibilities in respect of any child who has a real and substantial connection with that jurisdiction be transferred to any agency, province or state, or representative thereof, the order shall be recognized and shall have the same force and effect as an order made under this Part.
62(2)The Minister may enter into an agreement with a representative of the Crown in right of another province, or a representative of any other government, or with any other person or agency, to accept the transfer of all or part of the parental rights and responsibilities in respect of a child who is subject to any order referred to in subsection (1); and where part of the parental rights have been transferred to the Minister, the child shall have the same relationship to the Minister as if a custody order had been made under this Act, and where all the parental rights have been transferred to the Minister, the child shall have the same relationship to the Minister as if a guardianship order had been made under this Act.
62(3)The court may, on application, make an order having the effect of varying an order made under subsection (1) if
(a) the Minister makes or consents to the application; and
(b) the child has a real and substantial connection with the Province.
62(4)Where an application is made under subsection (3) it shall be accompanied by a copy of the order certified as a true copy by a judge, other presiding officer or registrar of the extra-provincial tribunal or by the person having custody of the orders of the extra-provincial tribunal.
62(5)Where a certificate referred to in subsection (4) is produced as evidence no proof is required of the signature or appointment of the judge, presiding officer, registrar or other person issuing the certificate.
1996, c.75, s.7