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Bill C-330

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-330

An Act to amend the Divorce Act (definition of ``child'')

Preamble

Whereas, on November 20, 1989, the Convention on the Rights of the Child was adopted by the United Nations General Assembly;

Whereas the United Nations Convention on the Rights of the Child was ratified by Canada on December 13, 1991;

And Whereas the Convention proposes a definition of ``child'' that should be applied uniformly throughout federal legislation;

R.S., cc. 3, 27 (2nd Supp.); 1990, c. 18; 1992, c. 51; 1993, cc. 8, 28; 1997, c. 1

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. (1) The definition of ``child of the marriage'' in subsection 2(1) of the Divorce Act is replaced by the following:

``child of the marriage''
« enfant à charge »

``child of the marriage'' means a child of two spouses or former spouses who, at the material time, is under the age of eighteen years.

(2) Subsection 2(2) of the Act is amended by striking out the word ``and'' at the end of paragraph (a), by adding the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) any child who is eighteen years of age or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.