P-34.1 - Youth Protection Act

Section 76.2 Disposition versions

2022-04-26

76.2. Every application for an order under section 76.1 must be notified to the parties or their advocate, as the case may be, at least one day before it is to be presented.

In addition to stating the date, time and place the application will be presented, the notice states the facts justifying the intervention of the tribunal and any conclusions sought.

The notice is submitted in person or by way of any appropriate technological means that ensures its confidentiality.

The tribunal may shorten the time prescribed in the first paragraph where the application seeks to change the living environment of a child in accordance with subparagraphs e, e.1, g or j of the first paragraph of section 91.

2006, c. 34, s. 46; I.N. 2016-01-01 (NCCP); 2017, c. 18, s. 55; 2022, c. 11, s. 46.

2017-10-05

76.2. (Repealed).

2006, c. 34, s. 46; I.N. 2016-01-01 (NCCP); 2017, c. 18, s. 55.

2016-01-01

76.2. After the filing of the application and, if applicable, the hearing on the provisional measures, the tribunal may order the holding of a pre-hearing conference if it considers it useful or if it is requested by one of the parties. Whenever possible, the conference is presided over by the judge assigned to hear the case.

The purpose of the pre-hearing conference is to rule on appropriate means of simplifying and shortening the hearing, including the advisability of amending the application, obtaining admissions, defining the questions of law and fact at issue, providing a list of witnesses and providing access to the originals of the documents the parties intend to file at the hearing.

Agreements and decisions made at the conference are recorded in minutes signed by the attorneys or the parties not represented by an attorney, and countersigned by the judge who presided over the conference. The agreements and decisions govern the hearing, unless the tribunal permits a departure from them in order to prevent an injustice.

2006, c. 34, s. 46; I.N. 2016-01-01 (NCCP).

2007-07-09

76.2. After the filing of the motion and, if applicable, the hearing on the provisional measures, the tribunal may order the holding of a pre-hearing conference if it considers it useful or if it is requested by one of the parties. Whenever possible, the conference is presided over by the judge assigned to hear the case.

The purpose of the pre-hearing conference is to rule on appropriate means of simplifying and shortening the proof, including the advisability of amending the motion, obtaining admissions, defining the questions of law and fact at issue, providing a list of witnesses and providing access to the originals of the documents the parties intend to file at the hearing.

Agreements and decisions made at the conference are recorded in minutes signed by the attorneys or the parties not represented by an attorney, and countersigned by the judge who presided over the conference. The agreements and decisions govern the hearing, unless the tribunal permits a departure from them in order to prevent an injustice.

2006, c. 34, s. 46.