Family Violence Protection Rule Amendments

The Provincial Court Family Violence Protection Rules were amended under the Provincial Court Act, 1991making several changes to the existing regulations. These updates are designed to clarify the process and expand the scope of who may apply for emergency protection orders in cases of family violence.
A key amendment to Section 2 introduces the term “care relationship,” which is defined as a relationship between two individuals where one person is or was dependent on the other for assistance with daily activities due to a disability, illness, or impairment. This addition expands the definition of relationships eligible for protection, recognizing that dependency can occur beyond conjugal or familial ties.
Section 4, which previously outlined who could apply for emergency protection orders, has been significantly revised. It now allows applications from individuals who have lived together with the respondent in a conjugal relationship, share parental responsibilities regardless of living arrangements or marital status, are related by blood, marriage, or adoption, or are or were in a care relationship with the respondent. In addition, applications can be made on behalf of these individuals by designated persons, police officers, or lawyers, provided the applicant consents.
Further changes were made to Sections 5, 8, 9, 10, 14, 15, and 20, mainly aimed at improving clarity in the language and procedure. In Section 5, the phrase “his or her” was replaced with “the on-call judge’s,” reflecting a shift towards more neutral, precise terminology. In Section 8, similar amendments were made to ensure the language was consistent and neutral, substituting terms like “his or her” with “the applicant’s” and “the person making the application.” This change was also applied to Section 9, where the phrase “satisfy himself or herself” was replaced with “be satisfied,” emphasizing the judge’s role in reviewing applications.
Section 10 now refers to the “judge” instead of using gendered terms such as “he or she,” streamlining the language throughout the document. Additionally, Section 14 was amended to replace “his or her” with “the judge’s,” reinforcing consistency in the language used throughout the rules. Similarly, Section 15(2)(a) saw the substitution of “his or her” with “the respondent’s,” making the language more precise and appropriate for the context. Finally, Section 20(2) follows the same pattern, replacing gendered language with “the respondent.”
These amendments are designed to improve the clarity, accessibility, and inclusivity of the Provincial Court Family Violence Protection Rules, expanding protections for individuals who may not have previously been covered and ensuring that the language is neutral and consistent throughout the legal process. These changes reflect ongoing efforts to improve the legal response to family violence in Newfoundland and Labrador.
Newfoundland & Labrador (1/25) January 24, 2025