Children's Law Reform Amendment Act (Relationship with Grandparents), 2016 Mantha, Michael — Bill 34 (41st Parliament, 2nd Session)

Bill 34, 41-2

Ontario — Bills

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Bill 34, Children's Law Reform Amendment Act (Relationship with Grandparents), 2016

Mantha, Michael

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Status

Debates

Acts affected

Original

As Amended by Standing Committee

Royal Assent

[41] Bill 34 Royal Assent (PDF)

Bill 34 2016

An Act to amend the

Children's Law Reform Act with respect to the relationship between a child and

the child's grandparents

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

1. Subsection

21 (1) of the Children's Law Reform Act is amended

by adding "including a grandparent" after "any other person".

2. Subclause

24 (2) (a) (

i) of the Act is amended by adding "including a parent or

grandparent" after "each person".

Commencement

3. This

Act comes into force on the day it receives Royal Assent.

Short

title

4. The

short title of this Act is the Children's Law Reform

Amendment Act (Recognizing Relationships with Grandparents), 2016 .

EXPLANATORY NOTE

This

Explanatory Note was written as a reader's aid to Bill 34 and does not form

part of the law. Bill 34 has been enacted as

Chapter 28 of the Statutes of

Ontario, 2016.

The

Bill amends the Children's Law Reform Act .

Subsection

21 (1) of the Act, which sets out who may apply to a court for a child custody

or access order, is amended to make express reference to grandparents.

Subclause

24 (2) (a) (

i) of the Act is amended to expressly provide that, in determining

a custody or access application, the court must consider the relationship

between the child and each parent and grandparent.

[41] Bill 34 As Amended by Standing Committee (PDF)

Bill 34 2016

An Act to amend the

Children's Law Reform Act with respect to the relationship between a child and

the child's grandparents

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Section 20 of the Children's Law Reform Act is amended by adding the

following subsection:

Relationship with grandparents

(2.1) A person entitled to custody of

a child shall not create or maintain unreasonable barriers to the formation and

continuation of a personal relationship between the child and the child's

grandparents.

1.1 Subsection 21 (1) of the Act is

amended by adding "including a grandparent" after "any other person".

1.2 Subclause 24 (2) (a) (

i) of the

Act is amended by adding "including a parent or grandparent" after "each person".

2. (1) Clause 24 (2) (

a) of the Act is amended by striking out "and" at the end of subclause (ii), by adding

"and" at the end of subclause (iii) and by adding the following subclause:

(iv) the child's grandparents;

(2) Subsection 24 (2) of the Act is

amended by adding the following clause:

(d.1) the willingness of each person applying for

custody of the child to facilitate contact between the child and the child's

grandparents, if such contact would be appropriate in the circumstances;

Commencement

3. This

Act comes into force on the day it receives Royal Assent.

Short title

4. The

short title of this Act is the

Children's Law Reform Amendment Act (Relationship with

Grandparents), 2016 .

Short title

4. The

short title of this Act is the

Children's Law Reform Amendment Act (Recognizing

Relationships with Grandparents), 2016 .

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for new text and a strikethrough for deleted text.

EXPLANATORY NOTE

The

Bill amends the Children's Law Reform Act .

Subsection 20 (2.1) is added to the Act. That

subsection prohibits a person entitled to custody of a child from creating or

maintaining unreasonable barriers to the formation and continuation of personal

relationships between the child and the child's grandparents.

Subsection 21 (1) of the Act, which sets out who

may apply to a court for a child custody or access order, is amended to make

express reference to grandparents.

Subsection 24 (2) of the Act is amended. That

subsection sets out the needs and circumstances of a child that the court must

consider in determining the best interests of the child. The Bill adds to that

list the emotional ties between the child and the child's grandparents and the

willingness of each person applying for custody of the child to facilitate

contact with the child's grandparents, if such contact would be appropriate in

the circumstances.

Subclause 24 (2) (a) (

i) of the Act is amended to

expressly provide that, in determining a custody or access application, the

court must consider the relationship between the child and each parent and

grandparent.

[41] Bill 34 Original (PDF)

Bill 34 2016

Act to amend the Children's Law Reform Act with respect to the relationship

between a child and the child's grandparents

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Section

20 of the Children's Law Reform Act is amended by

adding the following subsection:

Relationship

with grandparents

(2.1) A person entitled to custody of a

child shall not create or maintain unreasonable barriers to the formation and

continuation of a personal relationship between the child and the child's

grandparents.

2. (1) Clause

24 (2) (

a) of the Act is amended by striking out "and" at the end of subclause

(ii), by adding "and" at the end of subclause (iii) and by adding the following

subclause:

(iv) the

child's grandparents;

(2) Subsection 24 (2) of the Act is amended

by adding the following clause:

(d.1) the

willingness of each person applying for custody of the child to facilitate

contact between the child and the child's grandparents, if such contact would

be appropriate in the circumstances;

Commencement

3. This

Act comes into force on the day it receives Royal Assent.

Short

title

4. The

short title of this Act is the Children's Law Reform

Amendment Act (Relationship with Grandparents), 2016 .

EXPLANATORY

NOTE

The

Bill amends the Children's Law Reform Act .

Subsection

20 (2.1) is added to the Act. That subsection prohibits a person entitled to

custody of a child from creating or maintaining unreasonable barriers to the

formation and continuation of personal relationships between the child and the

child's grandparents.

Subsection

24 (2) of the Act is amended. That subsection sets out the needs and

circumstances of a child that the court must consider in determining the best

interests of the child. The Bill adds to that list the emotional ties between

the child and the child's grandparents and the willingness of each person

applying for custody of the child to facilitate contact with the child's

grandparents, if such contact would be appropriate in the circumstances.

Date Bill stage Activity Committee

December 8, 2016

Royal Assent

Royal Assent received

December 5, 2016

Third Reading

Carried

December 5, 2016

Third Reading

Debate

December 5, 2016

Motion to arrange proceedings

December 1, 2016

Ordered for Third Reading pursuant to the Order of the House

December 1, 2016

Reported as amended

November 30, 2016

Consideration of a Bill

Standing Committee on Regulations and Private Bills

November 24, 2016

Motion to arrange proceedings

November 3, 2016

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

November 3, 2016

Second Reading

Carried

November 3, 2016

Second Reading

Debate

October 4, 2016

First Reading

Carried

Debates and Progress

First Reading

October 4, 2016

Committee

Second Reading

November 3, 2016

Mr. Michael Mantha, Ms. Harinder Malhi, Mr. Steve Clark, Ms. Cheri DiNovo, Hon. Jeff Leal, Mrs. Julia Munro, Ms. Peggy Sattler, Mr. Bob Delaney, Mrs. Gila Martow

November 3, 2016

Declared carried. Referred to the Standing Committee on Regulations and Private Bills.

Motion to Arrange Proceedings

November 24, 2016

Declared carried.

Motion to Arrange Proceedings

November 29, 2016

Declared out of order.

Motion to Arrange Proceedings

December 5, 2016

Declared carried.

Committee

Standing Committee on Regulations and Private Bills

November 30, 2016

December 1, 2016

Reported to the House as amended. Ordered for third reading pursuant to the order of the House.

Third Reading

December 5, 2016

Mr. Michael Mantha, Hon. Yasir Naqvi, Mr. Bill Walker

Declared carried.

Royal Assent

Thursday, December 08, 2016

Acts affected - Bill 34

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Children's Law Reform Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 34, 41-2
Type	bill
Volume / chapter	p41 s2 bill 34 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	1e7fb4bbf2283c557dc11cfbe24c6f371e863592

Source file is stored in the law ingest library (html).