EXPLANATORY NOTES B I L L. No. 97. An Act to amend The Arbitration Act, 1992

Size: px

Start display at page:

Download "EXPLANATORY NOTES B I L L. No. 97. An Act to amend The Arbitration Act, 1992"

Rudolf Mathews
6 years ago
Views:

1 EXPLANATORY NOTES B I L L No. 97 An Act to amend The Arbitration Act, 1992 Clause of Bill 1 The Arbitration (Family Dispute Resolution) Amendment Act, The Arbitration Act, Existing Provision Interpretation 2 In this Act: (a) arbitration agreement means an agreement by which two or more persons agree to submit a matter in dispute to arbitration; (b) arbitrator includes an umpire; (c) court, except in section 7, means Her Majesty s Court of Queen s Bench for Saskatchewan. 1992, c.a-24.1, s.2. There is no change to the definition of arbitration agreement. There is no change to the definition of arbitrator. The definition of court is amended to update the name of the Court. A definition of family arbitrator is added. A definition of family law dispute is added. The definition of minister is added.

2 2 4 Existing Provision Subsection (4) is added to require that where an arbitration deals with a matter under Parts II or IV of The Children s Law Act, 1997 the arbitrator must consider the best interests of the child. 5 Existing Provision Contracting out 4 The parties to an arbitration agreement may agree, expressly or by implication, to vary or exclude any provision of this Act except the following: (a) subsection 6(4); (b) section 20; (c) section 40; (d) section 46; (e) section 48; (f) section , c.a-24.1, s.4. Waiver of right to object 5 A party to an arbitration is deemed to have waived the right to object where that party: (a) is aware of a non-compliance with a provision of this Act, except with a provision referred to in section 4, or with the arbitration agreement; and (b) does not object to the non-compliance within the time limit provided or, if none is provided, within a reasonable time. 1992, c.a-24.1, s.5.

3 3 Section 4 is amended to prohibit parties from agreeing to change or exclude the application of new subsection 3(4), section 6.1 and subsection 32(2). Subsection 5(2) is added to provide that subsection (1) does not apply to the parties to an arbitration of a family dispute. 6 Existing Provision Section 6.1 is added to provide for arbitration agreements in family law disputes. Subsection (1) provides that parties to a family law dispute cannot enter into an arbitration agreement for a future dispute and that if the arbitration agreement is made before the dispute arises, the agreement and any award coming from the agreement are unenforceable. Subsection (2) creates an exception to the requirement in subsection (1). Subsection (3) permits the court to set aside or replace an arbitration agreement or award arising from an arbitration agreement if the court is satisfied that one or more of the circumstances set out in the Act are met. Subsection (4) allows the court to not set aside or replace the arbitration agreement, or an award from such an agreement, if any order made by the court would not be substantially different from the terms set out in the agreement. 7 Existing Provision Court intervention limited 7 No court shall intervene in matters governed by this Act, except for the following purposes, as provided by this Act: 1992, c.a-24.1, s.7. Section 7 is amended to make the provision subject to new subsection 6.1(3).

4 4 8 Existing Provision Application of law and equity 32 An arbitral tribunal shall decide a dispute in accordance with law, including equity, and may order specific performance, injunctions and other equitable remedies. 1992, c.a-24.1, s.32 Subsection (2) is added to provide that an arbitration award that is inconsistent with The Children s Law Act, 1997, The Family Property Act, The Family Maintenance Act, 1997 or The Queen s Bench Act, 1998 is not enforceable. 9 Existing Provision Subsection (4.1) is added to permit a party to a family law arbitration to appeal a decision of the arbitrator to the court on a question of law or a question of mixed law and fact. 10 Existing Provision Subsection (9) is added to provide that the court may change, suspend or terminate an arbitration award for any reason for which the court could change, suspend or terminate an order under The Children s Law Act, 1997, The Family Property Act and The Family Maintenance Act, Existing Provision Regulations making powers are added.

5 5 12 Coming into force. Prepared by the Ministry of Justice

The Arbitration Act, 1992

1 The Arbitration Act, 1992 being Chapter A-24.1* of the Statutes of Saskatchewan, 1992 (effective April 1, 1993) as amended by the Statutes of Saskatchewan, 1993, c.17; 2010, c.e-9.22; 2015, c.21; and