Bill C-22

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First Reading

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	2nd Session, 37th Parliament, 51 Elizabeth II, 2002
	House of Commons of Canada
	BILL C-22
	An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Judges Act and to amend other Acts in consequence
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. 3 (2nd Supp.)	DIVORCE ACT
	*1. (1) The definitions ``custody'' and ``custody order'' in subsection 2(1) of the Divorce Act* are repealed.**
	(2) The definition ``accès'' in subsection 2(1) of the French version of the Act is repealed.
1997, c. 1, s. 1(3)	(3) Paragraph (a) of the definition ``applicable guidelines'' in subsection 2(1) of the English version of the Act is replaced by the following:
	(a) if a province has been designated by an order made under subsection (5), the laws of that province that are specified in the order, if both spouses or former spouses are ordinarily resident in that province at the time when
	(i) an application is made for a child support order or for a variation order in respect of a child support order, or
	(ii) the amount of a child support order is to be recalculated pursuant to section 25.1, and
	(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``contact order'' « ordonnance sur les contacts personnels »	``contact order'' means an order made under subsection 16.1(1);
``parenting order'' « ordonnance parentale »	``parenting order'' means an order made under subsection 16(1);
	2. Subsection 3(3) of the Act is replaced by the following:
Jurisdiction if two proceedings commenced on same day	(3) If
	(a) divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and
	(b) neither proceeding is discontinued within forty days after the central registry of divorce proceedings referred to in paragraph 26(1)(a) has sent a notification to both spouses informing them of the situation described in paragraph (a),
	the Federal Court - Trial Division has exclusive jurisdiction to hear and determine those proceedings, which shall be transferred to the Federal Court - Trial Division on its direction.
1993, c. 8, s. 1	3. Subsection 4(3) of the Act is replaced by the following:
Jurisdiction if two proceedings commenced on same day	(3) If
	(a) corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and
	(b) neither proceeding is discontinued within forty days after the central registry of divorce proceedings referred to in paragraph 26(1)(a) has sent a notification to both spouses informing them of the situation described in paragraph (a),
	the Federal Court - Trial Division has exclusive jurisdiction to hear and determine those proceedings, which shall be transferred to the Federal Court - Trial Division on its direction.
	4. (1) Paragraph 5(1)(a) of the Act is replaced by the following:
	(a) either former spouse is ordinarily resident in the province at the commencement of the proceeding, subject to section 19 ; or
	(2) Subsection 5(3) of the Act is replaced by the following:
Jurisdiction if two proceedings commenced on same day	(3) If
	(a) variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and
	(b) neither proceeding is discontinued within forty days after the central registry of divorce proceedings referred to in paragraph 26(1)(a) has sent a notification to both spouses informing them of the situation described in paragraph (a),
	the Federal Court - Trial Division has exclusive jurisdiction to hear and determine those proceedings, which shall be transferred to the Federal Court - Trial Division on its direction.
	5. The Act is amended by adding the following after section 5:
Jurisdiction re certain variation orders	5.1 If there is no corollary relief proceeding or variation proceeding in progress, a court in a province has jurisdiction to hear and determine an application by a person other than a former spouse for a variation order in respect of a parenting order or contact order relating to a particular child of the marriage if the child is most substantially connected with that province.
	6. Section 6 of the Act is replaced by the following:
Transfer of divorce proceeding where parenting order applied for	6. (1) If an application for an order under section 16 is made in a divorce proceeding to a court in a province and the court is satisfied that the child of the marriage in respect of whom the order is sought is most substantially connected with another province, the court shall, subject to subsection (3.1), transfer the divorce proceeding to a court in that other province.
Transfer of corollary relief proceeding where parenting order applied for	(2) If an application for an order under section 16 is made in a corollary relief proceeding to a court in a province and the court is satisfied that the child of the marriage in respect of whom the order is sought is most substantially connected with another province, the court shall, subject to subsection (3.1), transfer the corollary relief proceeding to a court in that other province.
Transfer of variation proceeding in respect of parenting order	(3) If an application for a variation order in respect of a parenting order is made in a variation proceeding to a court in a province and the court is satisfied that the child of the marriage in respect of whom the variation order is sought is most substantially connected with another province, the court shall, subject to subsection (3.1), transfer the variation proceeding to a court in that other province.
When proceeding not to be transferred	(3.1) A court in a province shall not transfer a proceeding to a court in another province if
	(a) both spouses or former spouses agree that the proceeding not be transferred; or
	(b) the court is satisfied that there is a grave risk that transferring the proceeding would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
Exclusive jurisdiction	(4) Notwithstanding sections 3 to 5 and 18 to 19.2 , a court in a province to which a proceeding is transferred under this section has exclusive jurisdiction to hear and determine the proceeding.
	7. Subsections 9(2) and (3) of the Act are replaced by the following:
Other duties of legal adviser	(2) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse or former spouse in an application for an order under this Act, whether or not that application is part of a divorce proceeding, to
	(a) discuss with the spouse or former spouse the advisability of negotiating the matters that may be the subject of that order, and inform the spouse or former spouse of the mediation services and other family justice services known to the barrister, solicitor, lawyer or advocate that might be able to assist the spouses or former spouses in negotiating those matters; and
	(b) discuss with the spouse or former spouse the obligation to comply with any order under this Act.
Certification	(3) Every document presented to a court by a barrister, solicitor, lawyer or advocate that formally commences a proceeding under this Act shall contain a statement by him or her certifying that he or she has complied with this section.
	8. Subsection 11(4) of the Act is replaced by the following:
Definition of ``collusion''	(4) In this section, ``collusion'' means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement to the extent that it provides for separation between the parties, financial support, division of property or parenting arrangements in respect of any child of the marriage.
1997, c. 1, s. 2	9. Section 15 of the Act is replaced by the following:
``Spouse'' to include former spouse	15. In sections 15.1 to 16.2 , ``spouse'' has the meaning assigned by subsection 2(1), and includes a former spouse.
1997, c. 1, s. 3	10. Section 16 of the Act and the heading before it are replaced by the following:
	Parenting Orders
Parenting order	16. (1) A court of competent jurisdiction may make an order relating to the exercise of parental responsibilities in respect of any child of the marriage, on application by
	(a) either or both spouses; or
	(b) a person, other than a spouse, who is a parent, stands in the place of a parent or intends to stand in the place of a parent.
Interim parenting order	(2) If an application is made under subsection (1), the court may, on application by a person described in that subsection, make an interim order pending the determination of the application under that subsection.
Application by person other than spouse	(3) A person described in paragraph (1)(b) may not make an application under subsection (1) or (2) unless he or she obtains leave of the court.
Definition of ``parenting time''	(4) For the purposes of this section and section 22.1, ``parenting time'' means the period that a child spends under the care of a spouse or other person, whether or not the child is physically with that spouse or other person during all of that period.
Components of parenting order	(5) The court may, in an order under this section, allocate to either spouse, to both spouses, to a person described in paragraph (1)(b), or to any combination of those individuals,
	(a) parenting time, by way of a schedule unless a schedule is unnecessary in the circumstances;
	(b) the responsibilities for making major decisions in respect of the child's health care, education and religious upbringing;
	(c) the responsibility for making decisions relating to a specific matter affecting the child; and
	(d) the responsibility for making decisions affecting the child other than those provided for under paragraph (b) or (c).
Other components of parenting order	(6) The court may, in an order under this section,
	(a) provide for a dispute resolution process for any or all future disputes regarding parenting arrangements, if the process has been agreed to by the persons who are to be bound by that process; and
	(b) provide for any other matter that the court considers appropriate.
Terms and conditions	(7) The court may make an order under this section for a definite or indefinite period or until a specified event occurs, and may impose terms, conditions or restrictions in connection with the order as it thinks fit and just.
Day-to-day decisions	(8) Unless the court orders otherwise, parenting time allocated under paragraph (5)(a) carries with it the exclusive responsibility for making, during that parenting time, day-to-day decisions affecting the child.
Definition of ``person with parental responsibilitie s''	(9) In subsections (10) and (11), ``person with parental responsibilities'' means an individual who has parenting time or a decision-making responsibility under subsection (5), who is bound by a dispute resolution process under paragraph (6)(a) or who has a responsibility under paragraph (6)(b).
Order respecting change of residence	(10) Without limiting the generality of subsection (7), the court may include in an order under this section a term requiring any person with parental responsibilities who intends to change his or her place of residence or that of the child to notify, at least sixty days before the change or within such other period before the change as the court may specify, any other person with parental responsibilities of the change, the time at which the change will be made and the new place of residence for him or her or the child, as the case may be.
Entitlement to information	(11) Unless the court orders otherwise, any person with parental responsibilities is entitled to make inquiries, and to be given information, as to the child's health care, education and religious upbringing.

Bill C-22

BILL C-22

DIVORCE ACT

Parenting Orders