| R.S., c. J-1
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| 1998, c. 30,
s. 3(2)
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60. The portion of subsection 24(4) of the
Judges Act before paragraph (a) is replaced
by the following:
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| Unified
family courts
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(4) For the purposes of assisting in the
establishment of unified family courts in the
provinces, a further number of salaries not
greater than ninety-eight at any one time may
be paid in the case of judges appointed to
courts described in paragraph (3)(b)
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| R.S., c. C-46
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| 2001, c. 32,
s. 4
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61. Subparagraph (a)(li) of the definition
``offence'' in section 183 of the Criminal
Code is replaced by the following:
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(li) section 282 (abduction in
contravention of custody order or
parenting order ),
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| 1993, c. 45,
s. 4
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62. Section 282 of the Act is replaced by
the following:
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| Abduction in
contravention
of custody
order or
parenting
order
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282. (1) Every one who, being the parent,
guardian or person having the lawful care or
charge of a person under the age of fourteen
years, takes, entices away, conceals, detains,
receives or harbours that person in
contravention of the custody provisions of a
custody order made by a court anywhere in
Canada, or in contravention of the provisions
of a parenting order made by a court anywhere
in Canada that provide with whom that person
is to reside, with intent to deprive a parent or
guardian, or any other person who has the
lawful care or charge of that person, of the
possession of that person is guilty of
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(a) an indictable offence and is liable to
imprisonment for a term not exceeding ten
years; or
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(b) an offence punishable on summary
conviction.
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| Where no
belief in
validity of
custody order
or parenting
order
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(2) Where a count charges an offence under
subsection (1) and the offence is not proven
only because the accused did not believe that
there was a valid custody order or parenting
order but the evidence does prove an offence
under section 283, the accused may be
convicted of an offence under section 283.
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| Meaning of
``reside''
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(3) For the purposes of subsection (1), a
person under the age of fourteen years is
deemed to reside with
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(a) the person to whom the majority of
parenting time is allocated under a
parenting order, in cases where paragraph
(b) does not apply; or
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(b) if a parenting order allocates
substantially equal parenting time to more
than one person, each of those persons.
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| 1993, c. 45,
s. 5
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63. The portion of subsection 283(1) of
the Act before paragraph (a) is replaced by
the following:
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| Abduction
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283. (1) Every one who, being the parent,
guardian or person having the lawful care or
charge of a person under the age of fourteen
years, takes, entices away, conceals, detains,
receives or harbours that person, whether or
not there is a custody order or parenting order
in relation to that person made by a court
anywhere in Canada, with intent to deprive a
parent or guardian, or any other person who
has the lawful care or charge of that person, of
the possession of that person is guilty of
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| 1991, c. 43,
s. 4
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64. Items 54 and 55 of the schedule to Part
XX.1 of the Act are replaced by the
following:
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54. Paragraph
282(1) (a) - abduction in contravention of
custody order or parenting order
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55. Paragraph
283(1)(a) - abduction
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| 1995, c. 39
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65. Subsection 8(5) of the Firearms Act is
replaced by the following:
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| Who may
give consent
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(5) An individual who is less than eighteen
years old is eligible to hold a licence only if
one of the following persons has consented, in
writing or in any other manner that is
satisfactory to the chief firearms officer, to the
issuance of the licence:
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(a) if paragraph (b) does not apply, a person
with whom the child resides the majority of
the time and who has responsibility for
making day-to-day decisions about the
child; or
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(b) if the child resides for substantially
equal periods with more than one person,
any of those persons who have
responsibility for making day-to-day
decisions about the child.
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66. Subsections 58(2) and (3) of the Act
are replaced by the following:
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| Minors
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(2) Before attaching a condition to a licence
that is to be issued to an individual who is less
than eighteen years old and who is not eligible
to hold a licence under subsection 8(2)
(minors hunting as a way of life), a chief
firearms officer must consult with the person
who has consented under subsection 8(5) .
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| Minors
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(3) Before issuing a licence to an individual
who is less than eighteen years old and who is
not eligible to hold a licence under subsection
8(2) (minors hunting as a way of life), a chief
firearms officer shall ensure that the person
who has consented under subsection 8(5) is
aware of any conditions attached to the
licence, by having that person sign the
licence.
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| Proceedings
commenced
before
amendments
to Act
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67. Proceedings commenced under the
Divorce Act before the day on which section
10 of this Act comes into force and not
finally disposed of before that day shall be
dealt with and disposed of in accordance
with the Divorce Act as it read immediately
before that day.
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| No change in
circumstances
-former
subsection
17(5)
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68. (1) For the purposes of subsection
17(5) of the Divorce Act as it read
immediately before the coming into force of
subsection 11(2) of this Act, the coming into
force of this Act or any provision of this Act
does not constitute a change in the
condition, means, needs or other
circumstances of the child of the marriage.
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| No change in
circumstances
-new
subsection
17(5)
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(2) For the purposes of subsection 17(5) of
the Divorce Act as amended by subsection
11(2) of this Act, the coming into force of
this Act or any provision of this Act does not
constitute a change in the needs or
circumstances of the child of the marriage.
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| Variation of
custody
orders
previously
made
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69. An order made under subsection
16(1) of the Divorce Act before the coming
into force of section 10 of this Act, or an
order arising from proceedings disposed of
in accordance with section 67 of this Act,
may, after the coming into force of section
10 of this Act, be varied, rescinded or
suspended in accordance with sections 17
and 17.1 of the Divorce Act as amended by
this Act, as if the order were a parenting
order or contact order, as the case may be.
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| Provisional
orders
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70. (1) If a provisional order was made
under subsection 18(2) of the Divorce Act
before the day on which section 12 of this
Act comes into force, but the respondent has
not, before that day, been served a copy of
the documents and the notice under
subsection 19(2) of the Divorce Act as it then
read, the provisional order is deemed, on
and after that day, to be an application
referred to in subsection 18(2) of the
Divorce Act as amended by this Act, and
shall be dealt with and disposed of as such.
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| Confirmation
of provisional
orders
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(2) If a provisional order was made under
subsection 18(2) of the Divorce Act before
the day on which section 12 of this Act
comes into force, and the respondent was
served a copy of the documents and the
notice under subsection 19(2) of the Divorce
Act before that day, the matter shall be dealt
with and disposed of in accordance with
section 19 of the Divorce Act as it read
immediately before that day.
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| Courts
Administratio
n Service Act
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71. If subsection 183(1) of the Courts
Administration Service Act, chapter 8 of the
Statutes of Canada, 2002, comes into force
before section 2 of this Act comes into force,
then, on the day on which section 2 of this
Act comes into force, the expression
``Federal Court - Trial Division'' in
subsections 3(3), 4(3) and 5(3) of the Divorce
Act is replaced with the expression
``Federal Court''.
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| Yukon Act
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72. (1) In this section, ``Yukon Act'' means
the Yukon Act, chapter 7 of the Statutes of
Canada, 2002.
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(2) If section 159 of the Yukon Act is not in
force on the day on which section 12 of this
Act comes into force, then, on that day,
section 159 of the Yukon Act is amended by
replacing the expression ``Paragraph (a) of
the definition ``Attorney General'' in
subsection 18(1)'' with the expression
``Paragraph 18(1)(a)''.
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(3) If section 12 of this Act is not in force
on the day on which section 159 of the Yukon
Act comes into force, then, on the day on
which section 12 of this Act comes into
force, paragraph 18(1)(a) of the Divorce Act
is replaced by the following:
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(a) for Yukon, the member of the Executive
Council of Yukon designated by the
Commissioner of Yukon,
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| Bill C-17
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73. If Bill C-17, introduced in the second
session of the 37th Parliament and entitled
the Public Safety Act, 2002 (the ``other
Act''), receives royal assent, and section 61
of this Act comes into force before
subparagraph (a)(li) of the definition
``offence'' in section 183 of the Criminal
Code as enacted by section 108 of the other
Act, then, on the coming into force of that
subparagraph, it is replaced by the
following:
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(li) section 282 (abduction in
contravention of custody order or
parenting order),
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| Coming into
force
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74. This Act or any provision of this Act,
other than sections 71 to 73, comes into
force on a day or days to be fixed by order
of the Governor in Council.
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