Moving Ontario Family Law Forward Act, 2020 — Bill 207 (42nd Parliament, 1st Session)

Bill 207, 42-1

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Bill 207, Moving Ontario Family Law Forward Act, 2020

Downey, Hon. Doug Attorney General

Royal Assent received. Statutes of Ontario 2020,

chapter 25

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Bill 207 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 207 and does not form part of the law.

Bill 207 has been enacted as

Chapter 25 of the Statutes of Ontario, 2020.

Schedule

Children’s Law Reform Act

The

Children’s Law Reform Act is amended to change the

terminology used in relation to custody of and access to children. Custody,

which may be sought by a parent or a non-parent, is changed to decision-making

responsibility, and may be granted by a court under a parenting order. Access

to a child by a parent, changed to parenting time, may also be granted under a

parenting order. Access to a child by a non-parent, changed to contact with

respect to a child, may be granted by a court under a contact order.

Consequential amendments are made to other Acts to change references respecting

custody of or access to a child under the Act in order to align with the new

terminology. Subsections 18 (5) and (6) of the Act address the

interpretation

of remaining references in Acts and regulations respecting custody of or access

to a child.

Section 76 is added to the Act to set out rules for transitioning

from the existing terminology to the new terminology.

addition, substantive amendments are made to the Act:

Section

24 of the Act, dealing with the determination of the best interests of the

child in a proceeding for a parenting order or contact order, is re-enacted.

2. Sections

33.1 to 33.3, which set out duties of parties to proceedings under

Part III of

the Act, as well as of legal advisers (as defined in

section 33.2) and of the

court in such proceedings, are added to the Act.

3. Sections

39.1 to 39.3, which specify notice and other requirements respecting changes in

residence and relocations (as defined in the re-enacted

section 18 of the Act)

and set out related procedures, are added to the Act. In addition,

section 39.4

of the Act sets limits on a person’s ability to relocate a child.

addition to being amended to reflect the change in terminology respecting

custody of and access to a child, the Family Law Act

is amended to add sections 47.2 to 47.4, which set out duties of parties to

proceedings under

Part III of that Act, as well as of legal advisers (defined

section 47.3) and of the court in such proceedings. These sections generally

correspond to the new sections 33.1 to 33.3 of the Children’s

Law Reform Act .

Finally,

several references in the Family Responsibility and

Support Arrears Enforcement Act, 1996 to the Divorce

Act (Canada) are updated to reflect changes to that Act.

Schedule

Courts of Justice Act

The

Courts of Justice Act is amended with respect to family

law appeals. Related amendments are made to various other Acts.

The

Act is amended to provide that a final order of a judge of the Family Court

made only under a provision of

an Act or regulation of Ontario will be appealed

to the Divisional Court. An appeal to the Court of Appeal of a final order of a

judge of the Superior Court of Justice respecting certain appeals from

decisions of the Ontario Court of Justice will now require leave from the Court

of Appeal. As well, certain appeals under the Child, Youth

and Family Services Act, 2017 to the Court of Appeal from the Divisional

Court will no longer require leave of the Court of Appeal.

Consequential

and related amendments are made to a number of other Acts. The Change of Name Act is amended to broaden the definition

of “court” to include the Family Court. Appeal provisions in the Change of Name Act , the Child, Youth

and Family Services Act, 2017 , the Children’s Law

Reform Act and the Family Law Act are

amended to set out the appeal route for cases that are heard before different

courts.

Schedule

Family Law Act

The

Schedule amends the Family Law Act . The Minister of

Finance is required to provide certified copies of notices of calculation on

request to parents or to the designated authority. A similar amendment is made

with respect to the child support recalculations.

Several

housekeeping amendments are also made.

Bill 207 2020

Act to amend the Children’s Law Reform Act, the Courts of Justice Act, the

Family Law Act and other Acts respecting various family law matters

Contents

of this Act

Commencement

Short

title

Schedule

Children’s

Law Reform Act

Schedule

Courts

of Justice Act

Schedule

Family

Law Act

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and (3), this

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

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by proclamation of the Lieutenant Governor, a

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Moving

Ontario Family Law Forward Act, 2020 .

Schedule 1

Children’s Law Reform Act

The heading to

Part III of the Children’s Law Reform Act

is repealed and the following substituted:

Part

III

Decision-making Responsibility, parenting Time, Contact and Guardianship

The heading before

section 18 and sections 18 to 21 of the Act are repealed and

the following substituted:

Interpretation

and Purposes

Definitions

and

interpretation,

Part III

(1) In

this Part,

“contact”

means the time a child spends in the care of a person other than the child’s

parent, whether or not the child is physically with the person during that

time; (“contact”)

“contact

order” means an order made under

section 28 respecting contact with respect to

a child; (“ordonnance de contact”)

“court”

means the Ontario Court of Justice, the Family Court or the Superior Court of

Justice; (“tribunal”)

“decision-making

responsibility” means responsibility for making significant decisions about a

child’s well-being, including with respect to,

(

a) health,

(

b) education,

(

c) culture,

language, religion and spirituality, and

(

d) significant

extra-curricular activities; (“responsabilité décisionnelle”)

“extra-provincial

order” means an order of an extra-provincial tribunal, and includes part of an

order; (“ordonnance extraprovinciale”)

“extra-provincial

tribunal” means a court or tribunal outside Ontario that has jurisdiction to

make orders respecting decision-making responsibility, parenting time or

contact with respect to a child; (“tribunal extraprovincial”)

“family

member” includes a member of a household of a child or of a parent, as well as

a dating partner of a parent who participates in the activities of the

household; (“membre de la famille”)

“family

violence” means any conduct by a family member towards another family member

that is violent or threatening, that constitutes a pattern of coercive and

controlling behaviour, or that causes the other family member to fear for their

own safety or for that of another person, and, in the case of a child, includes

direct or indirect exposure to such conduct; (“violence familiale”)

“parenting

order” means an order made under

section 28 respecting decision-making

responsibility or parenting time with respect to a child; (“ordonnance

parentale”)

“parenting

time” means the time a child spends in the care of a parent of the child,

whether or not the child is physically with the parent during that time;

(“temps parental”)

“relocation”

means a change in residence of a child, or of a person who has decision-making

responsibility or parenting time with respect to the child or is an applicant

for a parenting order in respect of the child, that is likely to have a

significant impact on the child’s relationship with,

(

a) another

person who has decision-making responsibility or parenting time with respect to

the child or is an applicant for a parenting order in respect of the child, or

(

b) a

person who has contact with respect to the child under a contact order;

(“déménagement”)

“separation

agreement” means an agreement that is a valid separation agreement under

Part

IV of the Family Law Act . (“accord de séparation”)

“Family

violence”

(2) For

the purposes of the definition of “family violence” in subsection (1), the

conduct need not constitute a criminal offence, and includes,

(

a) physical

abuse, including forced confinement but excluding the use of reasonable force

to protect oneself or another person;

(

b) sexual

abuse;

(

c) threats

to kill or cause bodily harm to any person;

(

d) harassment,

including stalking;

(

e) the

failure to provide the necessaries of life;

(

f) psychological

abuse;

(

g) financial

abuse;

(

h) threats

to kill or harm an animal or damage property; and

(

i) the

killing or harming of an animal or the damaging of property.

Child

(3) A

reference in this Part to a child is a reference to the child while a minor.

Not

material change in circumstances

(4) The

enactment or coming into force of any provision of

Schedule 1 to the Moving Ontario Family Law Forward Act,

2020 does not in itself constitute a material change in circumstances

under this Part.

References to custody, etc.

(5) Unless

the context requires otherwise, a reference in

an Act or regulation to custody

of a child, including lawful custody or legal custody of a child, includes

reference to decision-making responsibility with respect to the child under

this Act.

References

to access, etc.

(6) Unless

the context requires otherwise, a reference in

an Act or regulation to access

to a child, including a right of access, a legal right of access, a lawful

right of access or a lawful entitlement to access to a child, includes

reference to parenting time or contact, as the case may be, with respect to the

child under this Act.

Purposes,

Part III

The

purposes of this Part are,

(

a) to

ensure that applications to the courts respecting decision-making

responsibility, parenting time, contact and guardianship with respect to

children will be determined on the basis of the best interests of the children;

(

b) to

recognize that the concurrent exercise of jurisdiction by judicial tribunals of

more than one province, territory or state in relation to the determination of

decision-making responsibility with respect to the same child ought to be

avoided, and to make provision so that the courts of Ontario will, unless there

are exceptional circumstances, refrain from exercising or decline jurisdiction

in cases where it is more appropriate for the matter to be determined by a

tribunal having jurisdiction in another place with which the child has a closer

connection;

(

c) to

discourage the abduction of children as an alternative to the determination of

decision-making responsibility by due process; and

(

d) to

provide for the more effective enforcement of parenting orders and contact

orders, and for the recognition and enforcement of orders made outside Ontario

that grant decision-making responsibility, parenting time or contact with

respect to a child.

Decision-Making

Responsibility, Parenting Time and Contact

Equal

entitlement to decision-making responsibility

(1) Except

as otherwise provided in this Part, a child’s parents are equally entitled to

decision-making responsibility with respect to the child.

Rights

and responsibilities

(2) A

person entitled to decision-making responsibility with respect to a child has

the rights and responsibilities of a parent in respect of the child, and must

exercise those rights and responsibilities in the best interests of the child.

Authority

to act

(3) If

more than one person is entitled to decision-making responsibility with respect

to a child, any one of them may exercise the rights and accept the

responsibilities of a parent on behalf of them in respect of the child.

parents separate

(4) If

the parents of a child live separate and apart and the child lives with one of

them with the consent, implied consent or acquiescence of the other, the right

of the other to exercise the entitlement to decision-making responsibility with

respect to the child, but not the entitlement to parenting time, is suspended

until a separation agreement or order provides otherwise.

Parenting

time

(5) The

entitlement to parenting time with respect to a child includes the right to

visit with and be visited by the child, and includes the same right as a parent

to make inquiries and to be given information about the child’s well-being,

including in relation to the child’s health and education.

Marriage

of child

(6) The

entitlement to decision-making responsibility or parenting time with respect to

a child terminates on the marriage of the child.

Entitlement

subject to agreement or order

(7) Any

entitlement to decision-making responsibility or parenting time under this

section is subject to alteration by an order of the court or by a separation

agreement.

Application

for parenting order or contact order

Parenting

order, application by parent

(1) A

parent of a child may apply to a court for a parenting order respecting,

(

a) decision-making

responsibility with respect to the child; and

(

b) parenting

time with respect to the child.

Parenting

order, application by non-parent

(2) Any

person other than the parent of a child, including a grandparent, may apply to

a court for a parenting order respecting decision-making responsibility with

respect to the child.

order

(3) Any

person other than the parent of a child, including a grandparent, may apply to

a court for a contact order with respect to the child.

Affidavit

(4) An

application under subsection (1) or (2) for a parenting order or subsection

(3) for a contact order shall be accompanied by an affidavit, in the form specified

for the purpose by the rules of court, of the person applying for the order,

containing,

(

a) the

person’s proposed plan for the child’s care and upbringing;

(

b) information

respecting the person’s current or previous involvement in any family

proceedings, including proceedings under

Part V of the Child,

Youth and Family Services Act, 2017 , or in any criminal proceedings; and

(

c) any

other information known to the person that is relevant to the factors to be

considered by the court under

section 24 in determining the best interests of

the child.

(1) Subsection 21.1 (1) of the Act is amended by striking out “for

custody of a child” and substituting “for a parenting order respecting

decision-making responsibility with respect to the child”.

(2) Subsection

21.1 (3) of the Act is amended by striking out “24 (3)” and substituting “24

(5)”.

(1) Subsection 21.2 (2) of the Act is repealed and the following

substituted:

Request

for report

(2) Every

person who applies under

section 21 for a parenting order respecting

decision-making responsibility with respect to a child and who is not a parent

of the child shall submit a request, in the form provided by the Ministry of

the Attorney General, to every society or other body or person prescribed by

the regulations, for a report as to,

(

a) whether

a society has records relating to the applicant; and

(

b) if

there are records and the records indicate that one or more files relating to

the applicant have been opened, the date on which each file was opened and, if

the file was closed, the date on which the file was closed.

(2) Subsection

21.2 (8) of the Act is amended by striking out “24 (3)” and substituting “24

(5)”.

(1) Subsections 21.3 (1) and (2) of the Act are repealed and the

following substituted:

Other

proceedings, non-parents

(1) If

an application for a parenting order respecting decision-making responsibility

with respect to a child is made by a person who is not a parent of the child,

the clerk of the court shall provide to the court and to the parties

information in writing respecting any current or previous family proceedings

involving the child or any person who is a party to the application and who is

not a parent of the child.

Same

(2) If

an application for a parenting order respecting decision-making responsibility

with respect to a child is made by a person who is not a parent of the child,

the court may require the clerk of the court to provide to the court and to the

parties information in writing respecting any current or previous criminal

proceedings involving any person who is a party to the application and who is

not a parent of the child.

(2) Subsection

21.3 (5) of the Act is amended by striking out “24 (3)” and substituting “24

(5)”.

Sections 22 to 29 of the Act are repealed and the following substituted:

Jurisdiction

(1) A

court shall only exercise its jurisdiction to make a parenting order or contact

order with respect to a child if,

(

a) the

child is habitually resident in Ontario at the commencement of the application

for the order; or

(

b) the

child is not habitually resident in Ontario, but the court is satisfied that,

(

i) the

child is physically present in Ontario at the commencement of the application

for the order,

(ii) substantial

evidence concerning the best interests of the child is available in Ontario,

(iii) no

application respecting decision-making responsibility, parenting time or

contact with respect to the child is pending before an extra-provincial

tribunal in another place where the child is habitually resident,

(iv) no

extra-provincial order respecting decision-making responsibility, parenting

time or contact with respect to the child has been recognized by a court in

Ontario,

(

v) the

child has a real and substantial connection with Ontario, and

(vi) on

the balance of convenience, it is appropriate for jurisdiction to be exercised

in Ontario.

Habitual

residence

(2) A

child is habitually resident in the place where the child resided in whichever

of the following circumstances last occurred:

1. With

both parents.

2. If

the parents are living separate and apart, with one parent under a separation

agreement or with the consent, implied consent or acquiescence of the other or

under a court order.

3. With

a person other than a parent on a permanent basis for a significant period of

time.

Abduction

(3) The

removal or withholding of a child without the consent of all persons having

decision-making responsibility with respect to the child does not alter the

habitual residence of the child unless there has been acquiescence or undue

delay in commencing due process by the person from whom the child is removed or

withheld.

Serious

harm to child

Despite

sections 22 and 41, a court may exercise its jurisdiction to make or vary a

parenting order or contact order with respect to a child if,

(

a) the

child is physically present in Ontario; and

(

b) the

court is satisfied that the child would, on the balance of probabilities,

suffer serious harm if,

(

i) the

child remains with a person legally entitled to decision-making responsibility

with respect to the child,

(ii) the

child is returned to a person legally entitled to decision-making

responsibility with respect to the child, or

(iii) the

child is removed from Ontario.

Best

interests of the child

(1) In

making a parenting order or contact order with respect to a child, the court

shall only take into account the best interests of the child in accordance with

this section.

Primary

consideration

(2) In

determining the best interests of a child, the court shall consider all factors

related to the circumstances of the child, and, in doing so, shall give primary

consideration to the child’s physical, emotional and psychological safety,

security and well-being.

Factors

(3) Factors

related to the circumstances of a child include,

(

a) the

child’s needs, given the child’s age and stage of development, such as the

child’s need for stability;

(

b) the

nature and strength of the child’s relationship with each parent, each of the

child’s siblings and grandparents and any other person who plays an important

role in the child’s life;

(

c) each

parent’s willingness to support the development and maintenance of the child’s

relationship with the other parent;

(

d) the

history of care of the child;

(

e) the

child’s views and preferences, giving due weight to the child’s age and

maturity, unless they cannot be ascertained;

(

f) the

child’s cultural, linguistic, religious and spiritual upbringing and heritage,

including Indigenous upbringing and heritage;

(

g) any

plans for the child’s care;

(

h) the

ability and willingness of each person in respect of whom the order would apply

to care for and meet the needs of the child;

(

i) the

ability and willingness of each person in respect of whom the order would apply

to communicate and co-operate, in particular with one another, on matters

affecting the child;

(

j) any

family violence and its impact on, among other things,

(

i) the

ability and willingness of any person who engaged in the family violence to

care for and meet the needs of the child, and

(ii) the

appropriateness of making an order that would require persons in respect of

whom the order would apply to co-operate on issues affecting the child; and

(

k) any

civil or criminal proceeding, order, condition or measure that is relevant to

the safety, security and well-being of the child.

Factors

relating to family violence

(4) In

considering the impact of any family violence under clause (3) (j), the court

shall take into account,

(

a) the

nature, seriousness and frequency of the family violence and when it occurred;

(

b) whether

there is a pattern of coercive and controlling behaviour in relation to a

family member;

(

c) whether

the family violence is directed toward the child or whether the child is

directly or indirectly exposed to the family violence;

(

d) the

physical, emotional and psychological harm or risk of harm to the child;

(

e) any

compromise to the safety of the child or other family member;

(

f) whether

the family violence causes the child or other family member to fear for their

own safety or for that of another person;

(

g) any

steps taken by the person engaging in the family violence to prevent further

family violence from occurring and improve the person’s ability to care for and

meet the needs of the child; and

(

h) any

other relevant factor.

Past

conduct

(5) In

determining what is in the best interests of the child, the court shall not

take into consideration the past conduct of any person, unless the conduct is

relevant to the exercise of the person’s decision-making responsibility,

parenting time or contact with respect to the child.

Allocation

of parenting time

(6) In

allocating parenting time, the court shall give effect to the principle that a

child should have as much time with each parent as is consistent with the best

interests of the child.

Application

to related orders

(7) This

section applies with respect to interim parenting orders and contact orders,

and to variations of parenting orders and contact orders or interim parenting

orders and contact orders.

Declining

jurisdiction

court having jurisdiction under this

Part in relation to decision-making

responsibility, parenting time or contact with respect to a child may decline

to exercise its jurisdiction if it is of the opinion that it is more

appropriate for jurisdiction to be exercised outside Ontario.

Delay

(1) If

an application under this

Part in relation to decision-making responsibility,

parenting time or contact with respect to a child has not been heard within six

months after the commencement of the proceedings, the clerk of the court shall

list the application for the court and give notice to the parties of the date

and time when and the place where the court will fix a date for the hearing of

the application.

Exception

(2) Subsection

(1) does not apply to an application under this

Part in relation to

decision-making responsibility, parenting time or contact with respect to a

child if the child is the subject of an application or order under

Part V of

the Child, Youth and Family Services Act, 2017 ,

unless the application under this Part relates to,

(

a) an

order in respect of the child that was made under subsection 102 (1) of the Child, Youth and Family Services Act, 2017 ;

(

b) an

order referred to in subsection 102 (3) of the Child,

Youth and Family Services Act, 2017 that was made at the same time as an

order under subsection 102 (1) of that Act; or

(

c) an

access order in respect of the child under

section 104 of the Child, Youth and Family Services Act, 2017 that was made at

the same time as an order under subsection 102 (1) of that Act.

Directions

(3) At

a hearing of a matter listed by the clerk in accordance with subsection (1),

the court may by order fix a date for the hearing of the application and may

give such directions in respect of the proceedings and make such order in

respect of the costs of the proceedings as the court considers appropriate.

Early

date

(4) If

the court fixes a date under subsection (3), the court shall fix the earliest

date that, in the opinion of the court, is compatible with a just disposition

of the application.

Effect

of divorce proceedings

If an

action for divorce is commenced under the Divorce Act

(Canada), any application under this

Part in relation to decision-making

responsibility, parenting time or contact with respect to a child that has not

been determined is stayed except by leave of the court.

Parenting

Orders and Contact Orders

Parenting

orders and contact orders

(1) The

court to which an application is made under

section 21,

(

a) may

by order grant,

(

i) decision-making

responsibility with respect to a child to one or more persons, in the case of

an application under clause 21 (1) (

a) or subsection 21 (2),

(ii) parenting

time with respect to a child to one or more parents of the child, in the case

of an application under clause 21 (1) (b), or

(iii) contact

with respect to a child to one or more persons other than a parent of the

child, in the case of an application under subsection 21 (3);

(

b) may

by order determine any aspect of the incidents of the right to decision-making

responsibility, parenting time or contact, as the case may be, with respect to

a child; and

(

c) may

make any additional order the court considers necessary and proper in the

circumstances, including an order,

(

i) limiting

the duration, frequency, manner or location of contact or communication between

any of the parties, or between a party and the child,

(ii) prohibiting

a party or other person from engaging in specified conduct in the presence of

the child or at any time when the person is responsible for the care of the

child,

(iii) prohibiting

a party from changing the child’s residence, school or day care facility

without the consent of another party or an order of the court,

(iv) prohibiting

a party from removing the child from Ontario without the consent of another

party or an order of the court,

(

v) requiring

the delivery, to the court or to a person or body specified by the court, of

the child’s passport, the child’s health card within the meaning of the Health Insurance Act or any other document relating to

the child that the court may specify,

(vi) requiring

a party to give information or to consent to the release of information

respecting the child’s well-being, including in relation to the child’s health

and education, to another party or other person specified by the court, or

(vii) requiring

a party to facilitate communication by the child with another party or other

person specified by the court in a manner that is appropriate for the child.

Exception

(2) If

an application is made under

section 21 with respect to a child who is the

subject of an order made under

section 102 of the Child,

Youth and Family Services Act, 2017 , the court shall treat the

application as if it were an application to vary an order made under this

section.

Same

(3) If

an order for access to a child was made under

Part V of the Child, Youth and Family Services Act, 2017 at the same

time as an order for custody of the child was made under

section 102 of that

Act, the court shall treat an application under

section 21 of this Act relating

to parenting time or contact with respect to the child as if it were an

application to vary an order made under this section.

Allocation

of decision-making responsibility

(4) The

court may allocate decision-making responsibility with respect to a child, or

any aspect of it, to one or more persons.

Allocation

of parenting time

(5) The

court may allocate parenting time with respect to a child by way of a schedule.

Parenting

time, day-to-day decisions

(6) Unless

the court orders otherwise, a person to whom the court allocates parenting time

with respect to a child has exclusive authority during that time to make

day-to-day decisions affecting the child.

Parenting

plan

(7) The

court shall include in a parenting order or contact order any written parenting

plan submitted by the parties that contains the elements relating to

decision-making responsibility, parenting time or contact to which the parties

agree, subject to any changes the court may specify if it considers it to be in

the best interests of the child to do so.

Right

to ask for and receive information

(8) Unless

a court orders otherwise, a person to whom decision-making responsibility or

parenting time has been granted with respect to a child under a parenting order

is entitled to ask for and, subject to any applicable laws, receive information

about the child’s well-being, including in relation to the child’s health and

education, from,

(

a) any

other person to whom decision-making responsibility or parenting time has been

granted with respect to the child under a parenting order; and

(

b) any

other person who is likely to have such information.

Variation

of orders

(1) A

court shall not make an order under this Part that varies a parenting order or

contact order unless there has been a material change in circumstances that

affects or is likely to affect the best interests of the child who is the

subject of the order.

Relocation

(2) For

the purposes of subsection (1), the relocation of a child in accordance with

section 39.4 constitutes a material change in circumstances unless the

relocation had been prohibited by a court, in which case the relocation does

not, in itself, constitute a material change in circumstances.

Corresponding

variation of parenting order

(3) If

the court varies a contact order, it may also vary the parenting order to take

into account the variation of the contact order.

Corresponding

variation of contact order

(4) If

the court varies a parenting order, it may also vary any contact order to take

into account the variation of the parenting order.

The heading before

section 30 of the Act is repealed and the following

substituted:

Decision-Making

Responsibility, Parenting Time and Contact — Assistance to Court

(1) Subsection 30 (1) of the Act is amended by striking out “in

respect of custody of or access to a child” and substituting “for a parenting

order or contact order with respect to a child”.

(2) The

respect of custody of or access to the child”.

Subsection 31 (1) of the Act is amended by striking out “for custody of or

access to a child” and substituting “for a parenting order or contact order”.

The Act is amended by adding the following sections:

Decision-Making

Responsibility, Parenting Time and Contact — Duties

Parties

Best

interests of the child

33.1

(1) A person

to whom decision-making responsibility, parenting time or contact has been

granted with respect to a child under a parenting order or contact order shall

exercise the decision-making responsibility, parenting time or contact in a

manner that is consistent with the best interests of the child within the

meaning of

section 24.

Protection

of children from conflict

(2) A

party to a proceeding under this Part shall, to the best of the party’s

ability, protect any child from conflict arising from the proceeding.

Alternative

dispute resolution process

(3) To

the extent that it is appropriate to do so, the parties to a proceeding shall

try to resolve the matters that may be the subject of an order under this Part

through an alternative dispute resolution process, such as negotiation,

mediation or collaborative law.

Complete,

accurate and up-to-date information

(4) A

party to a proceeding under this Part, or a person who is subject to an order

made under this Part, shall provide complete, accurate and up-to-date

information if required to do so under this Part.

Duty

to comply with orders

(5) For

greater certainty, a person who is subject to an order made under this Part

shall comply with the order until it is no longer in effect.

Certification

(6) Every

document that commences a proceeding under this Part, or that responds to such

a document, that is filed with a court by a party to a proceeding shall contain

a statement by the party certifying that the party is aware of the duties to

which the party is subject under subsections (1) to (5).

Legal

adviser

Definitions

33.2

(1) In this

section,

“family

justice services” means public or private services intended to help persons

deal with issues arising from separation or divorce; (“services de justice

familiale”)

“legal

adviser” means a person authorized under the Law Society

Act to practise law or provide legal services to another person in a

proceeding under this Part. (“conseiller juridique”)

Duty

to discuss and inform

(2) It

is the duty of every legal adviser who undertakes to act on a person’s behalf

in any proceeding under this Part,

(

a) to

encourage the person to attempt to resolve the matters that may be the subject

of an order under this Part through an alternative dispute resolution process, as

provided for under subsection 33.1 (3), unless the circumstances of the case

are of such a nature that it would clearly not be appropriate to do so;

(

b) to

inform the person of the family justice services known to the legal adviser

that might assist the person,

(

i) in

resolving the matters that may be the subject of an order under this Part, and

(ii) in

complying with any order or decision made under this Part; and

(

c) to

inform the person of the parties’ duties under this Part.

Certification

(3) Every

document that commences a proceeding under this Part, or that responds to such

a document, that is filed with a court by a legal adviser shall contain a

statement by the legal adviser certifying that the legal adviser has complied

with subsection (2).

Court

33.3

(1) The

purpose of this

section is to facilitate,

(

a) the

identification of orders, undertakings, recognizances, agreements or measures

that may conflict with a parenting order or contact order; and

(

b) the

co-ordination of proceedings.

Information

regarding other orders or proceedings

(2) The

court has a duty to consider if any of the following are pending or in effect

in relation to any party to a proceeding under this Part, unless the

circumstances of the case are of such a nature that it would clearly not be

appropriate to do so:

1. A

restraining order under

section 35, the Family Law Act

or the Child, Youth and Family Services Act, 2017 ,

or any other civil order made to protect a person’s safety, including an order

that prohibits a person from,

i. being

in physical proximity to a specified person or following a specified person

from place to place,

ii. contacting

or communicating with a specified person, either directly or indirectly,

iii. attending

at or being within a certain distance of a specified place or location,

iv. engaging

in harassing or threatening conduct directed at a specified person,

v. occupying

a family home or a residence, or

vi. engaging

in family violence.

2. A

child protection order, proceeding, agreement or measure.

3. An

order, proceeding, undertaking or recognizance in relation to any matter of a

criminal nature.

Inquiries

(3) In

order to carry out its duty under subsection (2), the court may make inquiries

of the parties or review information that is readily available and that has

been obtained through a lawful search.

The heading before

section 34 and

section 34 of the Act are repealed and the

following substituted:

Decision-Making

Responsibility, Parenting Time and Contact — Enforcement

Supervision

of parenting orders and contact orders

(1) A

court may give such directions as it considers appropriate for the supervision,

by a person, a children’s aid society or other body, of decision-making

responsibility, parenting time or contact with respect to a child under a

parenting order or contact order.

Consent

to act

(2) A

court shall not direct a person, a children’s aid society or other body to

supervise the exercise of decision-making responsibility, parenting time or

contact under subsection (1) unless the person, society or body has consented

to act as supervisor.

(1) Subsection 36 (1) of the Act is amended by,

(

a) striking

out “an order has been made for custody of or access to a child” and

substituting “a parenting order or contact order has been made with respect to

a child”; and

(

b) striking

out “custody or access” and substituting “decision-making responsibility,

parenting time or contact”.

(2) Clauses

36 (2) (

a) and (

c) of the Act are repealed and the following substituted:

(

a) that

any person is unlawfully withholding a child from a person entitled to

decision-making responsibility, parenting time or contact with respect to the

child;

. . . .

(

c) that

a person who is entitled to parenting time or contact with respect to a child

proposes to remove the child or to have the child removed from Ontario and that

the child is not likely to return,

(3) Subsection

36 (8) of the Act is amended by striking out “an application for custody or

access” and substituting “an application for a parenting order or contact

order”.

Subsection 37 (2) of the Act is amended by striking out “access to a child” and

substituting “parenting time or contact with respect to a child”.

(1) Clauses 39 (1) (

a) and (

b) of the Act are repealed and the

following substituted:

(

a) for

the purpose of bringing an application in respect of decision-making

responsibility, parenting time or contact under this Part; or

(

b) for

the purpose of enforcing a parenting order or contact order,

(2) Subsection

39 (2) of the Act is repealed and the following substituted:

Exception

(2) A

court shall not make an order on an application under subsection (1) if it

appears to the court that the purpose of the application is to enable the

applicant to identify or to obtain particulars as to the identity of a person

who has decision-making responsibility with respect to a child, rather than to

learn or confirm the whereabouts of the proposed respondent or for the

enforcement of a parenting order or contact order.

The Act is amended by adding the following sections:

Decision-Making

Responsibility, Parenting Time and Contact — Residence and Relocation

Change

in residence, person with decision-making responsibility or parenting time

39.1

(1) A person

who has decision-making responsibility or parenting time with respect to a

child and who intends to make a change in residence, or in the child’s

residence, shall notify any other person who has decision-making

responsibility, parenting time or contact under a contact order with respect to

the child of the intention.

Notice

requirements

(2) The

notice shall be in writing and shall set out,

(

a) the

date on which the change is expected to occur; and

(

b) the

address of the new residence and contact information of the person or child, as

the case may be.

Exception

(3) On

application, the court may in any circumstance provide that subsections (1) and

(2) do not apply, or apply with any changes the court specifies, if the court

is of the opinion that it is appropriate to do so, including if there is a risk

of family violence.

Same

(4) An

application under subsection (3) may be made without notice to any other party.

Non-application

(5) This

section does not apply with respect to relocations.

Change

in residence, person with contact

39.2

(1) A person

who has contact under a contact order with respect to a child and who intends

to make a change in residence shall notify any person who has decision-making

responsibility or parenting time with respect to the child of the intention.

Notice

requirements

(2) The

notice shall be in writing and shall set out,

(

a) the

date on which the change is expected to occur; and

(

b) the

address of the new residence and contact information of the person.

Significant

impacts, additional requirements

(3) If

the change in residence is likely to have a significant impact on the child’s

relationship with the person, the following additional requirements apply with

respect to the notice:

1. The

notice shall be given at least 60 days before the date on which the change is

expected to occur.

2. The

notice shall be in the form prescribed by the regulations or, if no form is

prescribed, shall be in writing and shall set out,

i. a

proposal as to how contact could be exercised, and

ii. any

other information that may be prescribed by the regulations.

Exception

(4) On

application, the court may in any circumstance provide that subsections (1),

(2) and (3) or anything prescribed by the regulations for the purposes of

paragraph 2 of subsection (3) do not apply, or apply with any changes the court

specifies, if the court is of the opinion that it is appropriate to do so,

including if there is a risk of family violence.

Same

(5) An

application under subsection (4) may be made without notice to any other party.

Regulations

(6) The

Attorney General may make regulations prescribing anything in this

section that

may be prescribed by the regulations.

Relocation

39.3

(1) A person

who has decision-making responsibility or parenting time with respect to a

child and who intends a relocation shall, at least 60 days before the expected

date of the proposed relocation, notify any other person who has

decision-making responsibility, parenting time or contact under a contact order

with respect to the child of the intention.

Notice

requirements

(2) The

notice shall be in the form prescribed by the regulations or, if no form is

prescribed, shall be in writing and shall set out,

(

a) the

expected date of the proposed relocation;

(

b) the

address of the new residence and contact information of the person or child, as

the case may be;

(

c) a

proposal as to how decision-making responsibility, parenting time or contact,

as the case may be, could be exercised; and

(

d) any

other information that may be prescribed by the regulations.

Exception

(3) On

application, the court may in any circumstance provide that subsections (1) and

(2) or anything prescribed by the regulations for the purposes of subsection

(2) do not apply, or apply with any changes the court specifies, if the court

is of the opinion that it is appropriate to do so, including if there is a risk

of family violence.

Same

(4) An

application under subsection (3) may be made without notice to any other party.

Objection

(5) A

person with decision-making responsibility or parenting time who receives

notice of the proposed relocation under subsection (1) may, no later than 30

days after receiving the notice, object to the relocation by,

(

a) notifying

the person who gave the notice of proposed relocation of the objection to the

relocation; or

(

b) making

an application under

section 21.

Notice

requirements

(6) A

notice under clause (5) (

a) shall be in writing and shall set out,

(

a) a

statement that the person objects to the relocation;

(

b) the

reasons for the objection;

(

c) the

person’s views on the proposal referred to in clause (2) (c); and

(

d) any

other information that may be prescribed by the regulations.

Regulations

(7) The

Attorney General may make regulations,

(

a) prescribing

anything in this

section that may be prescribed by the regulations;

(

b) requiring

that a notice under this

section be given in a manner specified by the

regulations.

Authorization

of relocation

39.4

(1) In this

section,

“family

arbitration award” has the same meaning as in the Arbitration

Act, 1991 .

Same

(2) A

person who has given notice of a proposed relocation in accordance with

section

39.3 and who intends to relocate a child may do so as of the date referred to

in the notice if,

(

a) the

relocation is authorized by a court; or

(

b) no

objection to the relocation is made in accordance with subsection 39.3 (5) and there

is no order prohibiting the relocation.

Best

interests of the child

(3) In

determining whether to authorize the relocation of a child, the court shall

take into account the best interests of the child in accordance with

section

24, as well as,

(

a) the

reasons for the relocation;

(

b) the

impact of the relocation on the child;

(

c) the

amount of time spent with the child by each person who has parenting time or is

an applicant for a parenting order with respect to the child, and the level of

involvement in the child’s life of each of those persons;

(

d) whether

the person who intends to relocate the child has complied with any applicable

notice requirement under

section 39.3 and any applicable Act, regulation,

order, family arbitration award and agreement;

(

e) the

existence of an order, family arbitration award or agreement that specifies the

geographic area in which the child is to reside;

(

f) the

reasonableness of the proposal of the person who intends to relocate the child

to vary the exercise of decision-making responsibility, parenting time or

contact, taking into consideration, among other things, the location of the new

residence and the travel expenses; and

(

g) whether

each person who has decision-making responsibility or parenting time or is an

applicant for a parenting order with respect to the child has complied with

their obligations under any applicable Act, regulation,

order, family arbitration award or agreement, and the likelihood of future

compliance.

Factor

not to be considered

(4) In

determining whether to authorize a relocation of the child, the court shall not

consider whether, if the child’s relocation were to be prohibited, the person

who intends to relocate the child would relocate without the child or not

relocate.

Burden

of proof

(5) If

the parties to the proceeding substantially comply with an order, family

arbitration award or agreement that provides that a child spend substantially

equal time in the care of each party, the party who intends to relocate the

child has the burden of proving that the relocation would be in the best

interests of the child.

Same

(6) If

the parties to the proceeding substantially comply with an order, family

arbitration award or agreement that provides that a child spend the vast

majority of time in the care of the party who intends to relocate the child,

the party opposing the relocation has the burden of proving that the relocation

would not be in the best interests of the child.

Same

(7) In

any other case, the parties to the proceeding have the burden of proving

whether the relocation is in the best interests of the child.

Burden

of proof, exception

(8) If

an order referred to in subsection (5) or (6) is an interim order, the court

may determine that the subsection does not apply.

Costs

of relocation

(9) If

a court authorizes the relocation of a child, it may provide for the

apportionment of costs relating to the exercise of parenting time by a person

who is not relocating between that person and the person who is relocating the

child.

The heading before

section 40 of the Act is repealed and the following

substituted:

Decision-Making

Responsibility, Parenting Time and Contact — Extra-Provincial Matters

Paragraph 1 of

section 40 of the Act is amended by striking out “interim order

in respect of the custody or access” and substituting “interim parenting order

or contact order”.

(1) Subsection 41 (1) of the Act is amended by striking out “an

order for the custody of or access to a child” in the portion before clause (

a) and substituting “an order granting decision-making responsibility, parenting

time or contact with respect to a child”.

(2) Subsection

41 (3) of the Act is amended by striking out “for the custody of or access to a

child” and substituting “granting decision-making responsibility, parenting

time or contact with respect to a child”.

Subsection 42 (1) of the Act is amended by striking out “in respect of custody

of or access to a child” in the portion before clause (

a) and substituting “in

relation to decision-making responsibility, parenting time or contact with

respect to a child”.

Section 43 of the Act is repealed and the following substituted:

Superseding

order, serious harm

Upon

application, a court may by order supersede an extra-provincial order in

relation to decision-making responsibility, parenting time or contact with

respect to a child if the court is satisfied that the child would, on the

balance of probability, suffer serious harm if,

(

a) the

child remains with a person legally entitled to decision-making responsibility

with respect to the child;

(

b) the

child is returned to a person legally entitled to decision-making

responsibility with respect to the child; or

(

c) the

child is removed from Ontario.

The heading before

section 61 of the Act is repealed and the following

substituted:

Testamentary

Decision-Making Responsibility and Guardianship

(1) Subsection 61 (1) of the Act is repealed and the following

substituted:

Appointments

by will

Disposition

of decision-making responsibility

(1) A

person entitled to decision-making responsibility with respect to a child may

appoint by will one or more persons to have decision-making responsibility with

respect to the child after the death of the appointor.

(2) Clauses

61 (4) (

a) and (

b) of the Act are amended by striking out “entitled to custody

of the child” wherever it appears and substituting in each case “entitled to

decision-making responsibility with respect to the child”.

(3) Subsection

61 (5) of the Act is amended by striking out “to have custody of” and

substituting “to have decision-making responsibility with respect to a child”.

(4) Subsection

61 (7) of the Act is amended by,

(

a) striking

out “for custody of a child” and substituting “for decision-making

responsibility with respect to a child”; and

(

b) striking

out “for custody of the child” and substituting “for decision-making

responsibility with respect to the child”.

Subsection 62 (5) of the Act is repealed and the following substituted:

identity of other biological parent not known

(5) Where,

in respect of a child conceived through sexual intercourse but not through

insemination by a sperm donor, there is no presumption of parentage and the

identity of the person whose sperm resulted in the conception of the child is

not known or is not reasonably capable of being ascertained, the court may

order substituted service or may dispense with service of documents on the

person whose sperm resulted in the conception of the child in the proceeding.

Subsection 75 (1) of the Act is amended by striking out “custody of the child”

and substituting “decision-making responsibility with respect to the child”.

The Act is amended by adding the following section:

Transition,

Moving Ontario Family Law Forward Act, 2020

(1) In

this section,

“transition

date” is the day on which

section 25 of

Schedule 1 to the Moving

Ontario Family Law Forward Act, 2020 comes into force.

Custody deemed to be decision-making

responsibility

(2) Unless

the court orders otherwise, a person who, immediately before the transition

date, had custody of a child in accordance with an order under this Part or a

separation agreement is deemed, as of the transition date, to have

decision-making responsibility with respect to the child under the order or

separation agreement, and references in the order or separation agreement to

custody shall be read as references to decision-making responsibility.

Access

deemed to be parenting time, contact

(3) Unless

the court orders otherwise, a person who, immediately before the transition

date, had access to a child in accordance with an order under this Part or a

separation agreement is deemed, as of the transition date, to have parenting

time with respect to the child if the person is a parent of the child, or

contact with respect to the child if the person is not a parent of the child,

and references in the order or separation agreement to access shall be read as

references to parenting time or contact, as the case may be.

Extent,

terms, etc. of decision-making responsibility and parenting time

(4) For

the purposes of subsections (2) and (3), a person’s decision-making

responsibility, parenting time or contact with respect to a child is as

described in the order or separation agreement respecting custody, access or

both, as it applied immediately before the transition date.

Non-application

of ss. 39.1, 39.3

(5) A

person who is deemed under subsection (2) or (3) to have decision-making

responsibility or parenting time with respect to a child is not required to

give notice under

section 39.1 or 39.3 if a court order made before the

transition date specifies that no notice is required in respect of a change in

residence by the person or by the child.

Child,

Youth and Family Services Act, 2017

(1) Clause 74 (2) (

k) of the Child, Youth and

Family Services Act, 2017 is amended by striking out “to exercise

custodial rights” and substituting “to exercise the rights of custody”.

(2) Subsection

102 (2) of the Act is amended by striking out “is deemed to be made under

section 28” in the portion before clause (

a) and substituting “is deemed to be

a parenting order or contact order, as the case may be, made under

section 28”.

(3) Clause

102 (6) (

a) of the Act is amended by striking out “custody of the child” and

substituting “decision-making responsibility with respect to the child”.

(4) Section

103 of the Act is repealed and the following substituted:

Proceedings

under Children’s Law Reform Act

If,

under this Part, a proceeding is commenced or an order for the care, custody or

supervision of a child is made, any proceeding under the Children’s

Law Reform Act respecting decision-making responsibility, parenting time

or contact with respect to the same child is stayed, except by leave of the

court in the proceeding under that Act.

(5) Subsection

116 (6) of the Act is repealed and the following substituted:

Proceedings

under Children’s Law Reform Act

(6) If

an order is made under this

section or a proceeding is commenced under this

Part, any proceeding under the Children’s Law Reform Act

respecting decision-making responsibility, parenting time or contact with

respect to the same child is stayed, except by leave of the court in the

proceeding under that Act.

(6) Paragraph

11 of subsection 125 (1) of the Act is amended by striking out “to exercise

custodial rights” and substituting “to exercise the rights of custody”.

Courts

of Justice Act

(1) Subsection 21.11 (2) of the Courts of

Justice Act is amended by striking out “ordinarily” and substituting

“habitually”.

(2) Subsection

112 (1) of the Act is repealed and the following substituted:

Investigation

and report of Children’s Lawyer

(1) In

a proceeding under the Divorce Act (Canada) or the Children’s Law Reform Act in which a question concerning

decision-making responsibility, parenting time or contact with respect to a

child is before the court, the Children’s Lawyer may cause an investigation to

be made and may report and make recommendations to the court on all matters

concerning decision-making responsibility, parenting time or contact with

respect to the child and the child’s support and education.

Family

Law Act

(1) Section 37 of the Family Law Act is

amended by adding the following subsection:

variation

(4) An

order may not be varied on the basis of the enactment or coming into force of

any provision of

Schedule 1 to the Moving Ontario Family

Law Forward Act, 2020 .

(2) Paragraph

1 of subsection 39 (3) of the Act is amended by striking out “has custody of

the child” and substituting “has decision-making responsibility, within the

meaning of that Act, with respect to the child”.

(3) Section

47 of the Act is repealed and the following substituted:

Application

under Children’s Law Reform Act

The

court may direct that an application for support stand over until an

application under the Children’s Law Reform Act for

a parenting order has been determined.

(4) The

Act is amended by adding the following sections:

Duties

of parties

Alternative

dispute resolution process

47.2

(1) To the

extent that it is appropriate to do so, the parties to a proceeding shall try

to resolve the matters that may be the subject of an order under this Part

through an alternative dispute resolution process, such as negotiation,

mediation or collaborative law.

Complete,

accurate and up-to-date information

(2) A

party to a proceeding under this Part, or a person who is subject to an order

made under this Part, shall provide complete, accurate and up-to-date

information if required to do so under this Part.

Duty

to comply with orders

(3) For

greater certainty, a person who is subject to an order made under this Part

shall comply with the order until it is no longer in effect.

Certification

(4) Every

document that commences a proceeding under this Part, or that responds to such

a document, that is filed with a court by a party to a proceeding shall contain

a statement by the party certifying that the party is aware of the duties to

which the party is subject under subsections (1) to (3).

Duties

of legal advisers

Definitions

47.3

(1) In this

section,

“family

justice services” means public or private services intended to help persons

deal with issues arising from separation or divorce; (“services de justice

familiale”)

“legal

adviser” means a person authorized under the Law Society

Act to practise law or provide legal services to another person in a

proceeding under this Part. (“conseiller juridique”)

Duty

to discuss and inform

(2) It

is the duty of every legal adviser who undertakes to act on a person’s behalf

in any proceeding under this Part,

(

a) to

encourage the person to attempt to resolve the matters that may be the subject

of an order under this Part through an alternative dispute resolution process, as

provided for under subsection 47.2 (1), unless the circumstances of the case

are of such a nature that it would clearly not be appropriate to do so;

(

b) to

inform the person of the family justice services known to the legal adviser

that might assist the person,

(

i) in

resolving the matters that may be the subject of an order under this Part, and

(ii) in

complying with any order or decision made under this Part; and

(

c) to

inform the person of the parties’ duties under this Part.

Certification

(3) Every

document that commences a proceeding under this Part, or that responds to such

a document, that is filed with a court by a legal adviser shall contain a

statement by the legal adviser certifying that the legal adviser has complied

with subsection (2).

Duties

of court

47.4

(1) The

purpose of this

section is to facilitate,

(

a) the

identification of orders, undertakings, recognizances, agreements or measures

that may conflict with an order under this Part; and

(

b) the

co-ordination of proceedings.

Information

regarding other orders or proceedings

(2) The

court has a duty to consider if any of the following are pending or in effect

in relation to any party to a proceeding under this Part, unless the

circumstances of the case are of such a nature that it would clearly not be

appropriate to do so:

1. A

restraining order under

section 46, the Children’s Law

Reform Act or the Child, Youth and Family Services

Act, 2017 , or any other civil order made to protect a person’s safety,

including an order that prohibits a person from,

i. being

in physical proximity to a specified person or following a specified person

from place to place,

ii. contacting

or communicating with a specified person, either directly or indirectly,

iii. attending

at or being within a certain distance of a specified place or location,

iv. engaging

in harassing or threatening conduct directed at a specified person,

v. occupying

a family home or a residence, or

vi. engaging

in family violence.

2. A

child protection order, proceeding, agreement or measure.

3. An

order, proceeding, undertaking or recognizance in relation to any matter of a

criminal nature.

Inquiries

(3) In

order to carry out its duty under subsection (2), the court may make inquiries

of the parties or review information that is readily available and that has

been obtained through a lawful search.

(5) Section

51 of the Act is amended by adding the following

definitions:

“decision-making

responsibility” has the same meaning as in

Part III of the Children’s Law Reform Act ; (“responsabilité

décisionnelle”)

“parenting

time” has the same meaning as in

Part III of the Children’s

Law Reform Act ; (“temps parental”)

(6) Clause

52 (1) (

c) of the Act is amended by striking out “custody of or access to their

children” and substituting “decision-making responsibility or parenting time

with respect to their children”.

(7) Clause

53 (1) (

c) of the Act amended by striking out “custody of or access to their

children” and substituting “decision-making responsibility or parenting time

with respect to their children”.

(8) Clause

54 (

d) of the Act is repealed and the following substituted:

(

d) the

right to decision-making responsibility or parenting time with respect to their

children; and

(9) Subsection

56 (1) of the Act is amended by striking out “custody of or access to a child”

and substituting “decision-making responsibility or parenting time with respect

to a child”.

(10) Subsection

58 (

c) of the Act is amended by striking out “custody of or access to children”

and substituting “decision-making responsibility or parenting time with respect

to children”.

Family

Responsibility and Support Arrears Enforcement Act, 1996

(1) The definition of “provisional order” in subsection 1 (1) of the

Family Responsibility and Support Arrears Enforcement Act,

1996 is amended by striking out “subsection 18 (2) of the Divorce Act (Canada)”.

(2) Clause

35 (21) (

b) of the Act is amended by striking out “sections 18 and 19 of the Divorce Act (Canada)” and substituting “section 18.1,

18.2 or 19 of the Divorce Act (Canada)”.

Police

Record Checks Reform Act, 2015

Paragraph 1 of subsection 2 (2) of the Police Record

Checks Reform Act, 2015 is amended by striking out “an application for

custody of a child” and substituting “an application for a parenting order

respecting decision-making responsibility with respect to a child”.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Moving Ontario Family Law Forward Act, 2020

receives Royal Assent.

(2) Sections

1 to 22 and 24 to 30 come into force on a day to be named by proclamation of

the Lieutenant Governor.

Schedule 2

Courts of Justice Act

(1) Clause 6 (1) (

b) of the Courts of Justice

Act is repealed and the following substituted:

(

b) a

final order of a judge of the Superior Court of Justice, except,

(

i) an

order referred to in clause 19 (1) (

a) or (a.1), or

(ii) an

order from which an appeal lies to the Divisional Court under another Act;

(2) Section

6 of the Act is amended by adding the following subsection:

Leave

not required for second appeal

(1.0.1) Despite

clause (1) (a), leave of the Court of Appeal is not required in the case of an

order of the Divisional Court on an appeal under

Part V or VIII of the Child, Youth and Family Services Act, 2017 .

(3) Section

6 of the Act is amended by adding the following subsections:

Leave

required for second appeal

(1.1) Despite

clause (1) (b), a final order of a judge of the Superior Court of Justice made

on a first appeal from an order described in subsection (1.2) may be appealed to

the Court of Appeal only with leave from the Court of Appeal, as provided in

the rules of court.

Same

(1.2) The

orders mentioned in subsection (1.1) are orders of the Ontario Court of Justice

under any of the following statutes or statutory provisions:

1. The

Change of Name Act .

2. The

Children’s Law Reform Act , except sections 59 and

Section

6 of the Marriage Act .

(4) Section

6 of the Act is amended by adding the following subsection:

Transition

(4) This

section, as it read immediately before the day subsection 1 (1) of

Schedule 2

to the Moving Ontario Family Law Forward Act, 2020 came

into force, continues to apply to,

(

a) any

case in which a notice of appeal was filed before that day; and

(

b) any

further appeals or proceedings arising from a case described in clause (a).

(1) Subsection 19 (1) of the Act is amended by adding the following

clause:

(a.1) a

final order of a judge of the Family Court made only under a provision of an

Act or regulation of Ontario;

(2) Section

19 of the Act is amended by adding the following subsection:

Transition

(5) This

section, as it read immediately before the day subsection 2 (1) of

Schedule 2

to the Moving Ontario Family Law Forward Act, 2020 came

into force, continues to apply to,

(

a) any

case in which a notice of appeal was filed before that day; and

(

b) any

further appeals or proceedings arising from a case described in clause (a).

Section 21.9.1 of the Act is repealed.

Change

of Name Act

(1) The definition of “court” in

section 1 of the Change of Name Act is repealed and the following

substituted:

“court”

means the Ontario Court of Justice or the Family Court; (“tribunal”)

(2) Section

11 of the Act is repealed and the following substituted:

Appeals

Appeal

from order dispensing with consent

(1) An

appeal from an order under subsection 4 (4) or 5 (4) (dispensing with consent)

may be made by the applicant or the person whose consent is dispensed with to,

(

a) the

Superior Court of Justice, if the order was made in the Ontario Court of

Justice;

(

b) the

Divisional Court, if the order was made in the Family Court; or

(

c) the

proper appellate court as determined under the Courts of

Justice Act , if the order was made in the Superior Court of Justice and

not in the Family Court.

Appeal

from review of Registrar General’s refusal

(2) An

appeal from an order under subsection 7 (5) (review of Registrar General’s

refusal of application) may be made by the applicant or the Registrar General

to,

(

a) the

Superior Court of Justice, if the order was made in the Ontario Court of

Justice;

(

b) the

Divisional Court, if the order was made in the Family Court; or

(

c) the

proper appellate court as determined under the Courts of

Justice Act , if the order was made in the Superior Court of Justice and

not in the Family Court.

Appeal

from revocation of change of name

(3) An

appeal from an order under subsection 10 (4) (revocation of change of name) may

be made by the applicant, the Registrar General or the person to whom the

change of name order relates to,

(

a) the

Superior Court of Justice, if the order was made in the Ontario Court of

Justice; or

(

b) the

Divisional Court, if the order was made in the Family Court.

Transition

(4) This

section, as it read immediately before the day subsection 4 (2) of

Schedule 2

to the Moving Ontario Family Law Forward Act, 2020 came

into force, continues to apply to,

(

a) any

case in which a notice of appeal was filed before that day; and

(

b) any

further appeals or proceedings arising from a case described in clause (a).

Child,

Youth and Family Services Act, 2017

(1) Subsection 121 (1) of the Child, Youth and

Family Services Act, 2017 is amended by striking out “to the Superior

Court of Justice” in the portion before clause (a).

(2) Section

121 of the Act is amended by adding the following subsection:

Court

(2.1) The

appeal shall be made to,

(

a) the

Superior Court of Justice, if the order was made at the Ontario Court of

Justice; or

(

b) the

Divisional Court, if the order was made at the Family Court of the Superior

Court of Justice.

(3) Subsection

121 (4) of the Act is amended by striking out “The Superior Court of Justice

may” at the beginning and substituting “The Superior Court of Justice or the

Divisional Court, as applicable, may”.

(4) Section

121 of the Act is amended by adding the following subsection:

Transition

(9) This

section, as it read immediately before the day subsection 5 (2) of

Schedule 2

to the Moving Ontario Family Law Forward Act, 2020 came

into force, continues to apply to,

(

a) any

case in which a notice of appeal was filed before that day; and

(

b) any

further appeals or proceedings arising from a case described in clause (a).

(5) Subsection

208 (1) of the Act is repealed and the following substituted:

Appeal

of order to vary or terminate openness order

(1) An

appeal from a court’s order under

section 198 or 207 may be made by,

(

a) any

person who was entitled to apply for the order to vary or terminate the

openness order; or

(

b) any

person who was entitled to notice of the application to vary or terminate the

openness order.

Same

(1.1) The

appeal shall be made to,

(

a) the

Superior Court of Justice, if the order was made at the Ontario Court of

Justice; or

(

b) the

Divisional Court, if the order was made at the Family Court of the Superior

Court of Justice.

(6) Subsection

208 (2) of the Act is amended by striking out “the Superior Court of Justice

may” and substituting “the Superior Court of Justice or the Divisional Court,

as applicable, may”.

(7) Section

208 of the Act is amended by adding the following subsection:

Transition

(6) This

section, as it read immediately before the day subsection 5 (5) of

Schedule 2

to the Moving Ontario Family Law Forward Act, 2020 came

into force, continues to apply to,

(

a) any

case in which a notice of appeal was filed before that day; and

(

b) any

further appeals or proceedings arising from a case described in clause (a).

(8) Subsections

215 (1), (2) and (3) of the Act are amended by striking out “to the Superior

Court of Justice” wherever it appears.

(9) Section

215 of the Act is amended by adding the following subsection:

Court

(3.1) An

appeal under this

section shall be made to,

(

a) the

Superior Court of Justice, if the order was made at the Ontario Court of

Justice; or

(

b) the

Divisional Court, if the order was made at the Family Court of the Superior

Court of Justice.

(10) Section

215 of the Act is amended by adding the following subsection:

Transition

(7) This

section, as it read immediately before the day subsection 5 (9) of

Schedule 2

to the Moving Ontario Family Law Forward Act, 2020 came

into force, continues to apply to,

(

a) any

case in which a notice of appeal was filed before that day; and

(

b) any

further appeals or proceedings arising from a case described in clause (a).

Children’s

Law Reform Act

Section 73 of the Children’s Law Reform Act is

repealed and the following substituted:

Appeal

(1) Subject

to subsection (2),

(

a) an

appeal from an order of the Ontario Court of Justice under this

Part lies to

the Superior Court of Justice;

(

b) an

appeal from an order of the Family Court under this

Part lies to the Divisional

Court; and

(

c) an

appeal from an order of the Superior Court of Justice under this Part, other

than an order of the Family Court, lies to the proper appellate court as

determined under the Courts of Justice Act .

Matters

that must be appealed to the Court of Appeal

(2) An

appeal from an order made in accordance with

section 22, 41, 42 or 43, or made

in accordance with the

Schedule to

section 46, lies to the Court of Appeal.

Transition

(3) This

section, as it read immediately before the day

section 6 of

Schedule 2 to the Moving Ontario Family Law Forward Act, 2020 came into

force, continues to apply to,

(

a) any

case in which a notice of appeal was filed before that day; and

(

b) any

further appeals or proceedings arising from a case described in clause (a).

Family

Law Act

Section 48 of the Family Law Act is repealed and

the following substituted:

Appeal

(1) An

appeal from an order of the Ontario Court of Justice under this

Part lies to

the Superior Court of Justice.

Same

(2) An

appeal from an order of the Family Court of the Superior Court of Justice under

this

Part lies to the Divisional Court.

Same

(3) An

appeal from an order of the Superior Court of Justice under this Part, other

than an order of the Family Court of the Superior Court of Justice, lies to the

proper appellate court as determined under the Courts of

Justice Act .

Transition

(4) This

section, as it read immediately before the day

section 7 of

Schedule 2 to the Moving Ontario Family Law Forward Act, 2020 came into

force, continues to apply to,

(

a) any

case in which a notice of appeal was filed before that day; and

(

b) any

further appeals or proceedings arising from a case described in clause (a).

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Schedule 3

Family Law Act

The definition of “paternity agreement” in subsection 1 (1) of the Family Law Act is repealed.

“death” in the portion before clause (

a) and substituting “estate”.

Section 39 of the Act is amended by adding the following subsection:

Certified

copies

(7.1) The

Minister of Finance shall provide a certified copy of a notice of calculation

given under subsection (7) to a parent or to the designated authority in

Ontario under the Interjurisdictional Support Orders Act,

2002 at the request of the parent or authority.

Section 39.1 of the Act is amended by adding the following subsection:

Certified

copies

(8.1) The

Minister of Finance shall provide a certified copy of a notice of recalculation

given under subsection (7) to a party or to the designated authority in Ontario

under the Interjurisdictional Support Orders Act, 2002

at the request of the party or authority.

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Moving Ontario Family Law Forward Act, 2020

receives Royal Assent.

(2) Sections

3 and 4 come into force on a day to be named by proclamation of the Lieutenant

Governor.

Bill 207 As Amended by Standing Committee (PDF)

Moving Ontario Family Law

Forward Act, 2020

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.

______________