In addition to its current role of recalculating existing child support orders based on updated income information, the Service is given authority to make initial child support decisions in specified circumstances. This will enable many families to have child support determined without having to make a court application.
The Service may recalculate all Manitoba child support orders unless a court order prohibits recalculation. Current law permits recalculation only when a court order authorizes it.
The Service may determine when support for an adult child is no longer eligible for recalculation. This eliminates the need for many parties to make a court application.
Child support agreements become eligible for recalculation by the Service.
New procedures are established to make orders respecting persons who are vexatious litigants. The ability of the court to make rules regarding practice and procedure is clarified. The court must make an annual report respecting its activities.
The Provincial Court Act
Committees that were convened to provide a list of candidates when there was a need to appoint a judge or a judicial justice of the peace are made standing committees. Each committee will maintain an ongoing list of qualified candidates. When an appointment is required, the committee will prepare a list of candidates who are recommended for the appointment in question.
Provincial court judges must retire at age 75.
The Court of Queen’s Bench Act
New procedures are established to make orders respecting persons who are vexatious litigants.
A committee that was convened to provide a list of candidates when there was a need to appoint a master is made a standing committee. This committee will maintain an ongoing list of qualified candidates and will prepare a list of recommended candidates when a master is to be appointed.
Masters must retire at age 75. The court must make an annual report respecting its activities. The ability of all judges to deal with aspects of certain family proceedings is clarified.
The Court of Queen’s Bench Small Claims Practices Act
The monetary limit for a small claim action is raised from $10,000 to $15,000. That limit may be increased by regulation.
A defendant in a small claim action is required to file a defence. Default judgment may be obtained against a defendant who does not file a defence by the deadline set under the rules. A process is established to set aside default judgments.
The amount of costs that can be awarded against a party is increased from $100 to $500. Wrongful dismissal from employment claims cannot be brought in a small claim action.
Bill 212The Health Services Insurance Amendment Act (Personal Care Home Guidelines) – This Bill amends The Health Services Insurance Act to require the minister to ensure that the current standards for paid care set out in the guidelines are maintained. The minister must also establish standards to ensure that the direct care provided to residents is adequate. Requires reporting of personal care homes and the minister annually detailing reasons for any failing and how care adequately provides for residents.
Bill 216:The Abortion Protest Buffer Zone Act – Prohibits certain activities within access zones for clinics and facilities that provide abortion services and for service providers. Also prohibits certain activities within 50 metres of school sites.