interim order, before that day, the proceeding shall be deemed to be an application under this
Act as amended, subject to such directions as the court considers appropriate. 1995,c.12,s.39;
1997,c.16,s.9 {eff.} Nov. 27/97; 2002,c.7,s.2; 2008,c.8,s.10(6).
40. Restraining orders
The court may, on application, make an interim or final order restraining the depletion of the
property of spouse or former spouse that would impair or defeat a claim under this Part.
1995,c.12,s.40; 2003,c.7,s.6; 2008,c.8,s.10(6).
41. Financial statement
(1) In an application under section 33 or 37, each party shall serve on the other and file with the
court a financial statement verified by oath in the manner and form prescribed by the rules of
the court.
Order for sealing statement
(2) Where, in the opinion of the court, the public disclosure of any information required to be
contained in a statement under subsection (1) would be a hardship on the person giving the
statement, the court may order that the statement and any cross-examination upon it before the
hearing be treated as confidential and not form part of the public record.
Costs related to failure to disclose
(3) Where spouse or former spouse, without reasonable cause, fails to serve and file a full and
accurate financial statement, the court shall award the costs related to the failure against the
spouse or former spouse. 1995,c.12,s.41; 2002,c.7,s.2; 2008,c.8,s.10(6).
42. Order for return by employer
(1) In an application under section 33 or 37, the court may order the employer of a party to the
application to make a written return to the court showing the party’s wages or other
remuneration during the preceding twelve months.
Return as evidence
(2) A return purporting to be signed by the employer may be received in evidence as proof, in the
absence of evidence to the contrary, of its contents.
Order for access to information
(3) The court may, on motion, make an order under subsection (4) if it appears to the court that, in
order to make an application under section 33 or 37, the moving party needs to learn or confirm
the proposed respondent’s whereabouts.
Idem
(4) The order shall require the person or public body to whom it is directed to provide the court or
the moving party with any information that is shown on a record in the person’s or public
body’s possession or control and that indicates the proposed respondent’s place of employment,
address or location. 1995,c.12,s.42.
43. Arrest of absconding debtor
If an application is made under section 33 or 37 and the court is satisfied that the respondent is
about to leave Prince Edward Island and that there are reasonable grounds for believing that
the respondent intends to evade his or her responsibilities under this Act, the court may issue a