jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Part, “assisted reproduction” means a method of conceiving other than by sexual intercourse; (“procréation assistée”) “birth” means birth as defined in the Vital Statistics Act and includes a still-birth as defined in that Act; (“naissance”) “birth parent” means, in relation to a child, the person who gives birth to the child; (“parent de naissance”) “court” means the Family Court or the Superior Court of Justice; (“tribunal”) “embryo” means embryo as defined in the Assisted Human Reproduction Act (Canada); (“embryon”) “insemination by a sperm donor” means an attempt to conceive a child through sexual intercourse in the circumstances described in subsection 7 (4); (“insémination par un donneur de sperme”) “reproductive material” means all or any part of a sperm, ovum or other human cell or a human gene; (“matériel reproductif”) “spouse” means the person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage; (“conjoint”) “surrogate” means a person who agrees to carry a child conceived through assisted reproduction if, at the time of conception, the person intends to relinquish entitlement to parentage of the child, once born, to one or more persons. (“substitut”) 2016, c. 23, s. 1 (1). If marriage is void (2) For the purposes of the definition of “spouse” in subsection (1), two persons who, in good faith, go through a form of marriage with each other that is void but who live in a conjugal relationship are deemed to be married during the time they live in a conjugal relationship, and the marriage is deemed to be terminated when they cease to do so. 2016, c. 23, s. 1 (1). Interpretation, conception through assisted reproduction (3) For the purposes of this Part, a child conceived through assisted reproduction is deemed to have been conceived on the day the reproductive material or embryo used in the assisted reproduction is implanted in the birth parent. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 Rules of construction
2 (1) For the purposes of construing any Act, regulation or, subject to subsection (3), instrument, unless a contrary intention appears, a reference to a person or group or class of persons described in terms of relationship by blood or marriage to another person, (a)  includes a person who comes within that description by reason of the relationship of parent and child set out in this Part; and (b)  in respect of a child conceived through assisted reproduction or through insemination by a sperm donor, does not include, (i)  a person who provided reproductive material or an embryo for use in the conception if that person is not a parent of the child, or (ii)  a person related to a person referred to in subclause (i). 2016, c. 23, s. 1 (1). Application to Acts, statutory instruments (2) Subsection (1) applies to an Act, regulation or other instrument made under an Act, regardless of when it was enacted or made. 2016, c. 23, s. 1 (1). Application to other instruments (3) In the case of an instrument that is not made under an Act, (a)  subsection (1) applies to the instrument if it was made on or after the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force; (b)  subsection (1) as it read immediately before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force continues to apply to an instrument made before that day, if it was made on or after March 31, 1978. 2016, c. 23, s. 1 (1). References assuming two parents (4) If, under this Part, a child has more than two parents, a reference in any Act or regulation to the parents of the child that is not intended to exclude a parent shall, unless a contrary intention appears, be read as a reference to all of the child’s parents, even if the terminology used assumes that a child would have no more than two parents. 2016, c. 23, s. 1 (1). References to “le père ou la mère”, “le père et la mère”, etc. (5) For the purposes of construing the French version of any Act or regulation, unless a contrary intention appears, the terms “père” and “mère” used together, conjunctively or disjunctively, in relation to a child, shall be construed as referring to a parent or parents of the child as set out in this Part. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017
3 This Part governs the determination of parentage for all purposes of the law of Ontario. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 Rules of Parentage
4 (1) A person is the child of his or her parents. 2016, c. 23, s. 1 (1). Determining parent of a child (2) A parent of a child is, (a)  a person who is a parent of the child under sections 6 to 13, except in the case of an adopted child; (b)  in the case of an adopted child, a parent of the child as provided for under section 217 or 218 of the Child, Youth and Family Services Act, 2017. 2016, c. 23, s. 1 (1); 2017, c. 14, Sched. 4, s. 4 (1). Kindred relationships (3) The relationship of parent and child set out in subsections (1) and (2) shall be followed in determining the kindred relationships that flow from it. 2016, c. 23, s. 1 (1). For all purposes of Ontario law (4) For greater certainty, this section applies for all purposes of the law of Ontario. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 2017, c. 14, Sched. 4, s. 4 (1) - 30/04/2018
5 A person who provides reproductive material or an embryo for use in the conception of a child through assisted reproduction is not, and shall not be recognized in law to be, a parent of the child unless he or she is a parent of the child under this Part. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017
6 (1) The birth parent of a child is, and shall be recognized in law to be, a parent of the child. 2016, c. 23, s. 1 (1). Exception, surrogacy (2) Subsection (1) is subject to the relinquishment of an entitlement to parentage by a surrogate under section 10, or to a declaration by a court to that effect under section 10 or 11. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017
7 (1) The person whose sperm resulted in the conception of a child conceived through sexual intercourse is, and shall be recognized in law to be, a parent of the child. 2016, c. 23, s. 1 (1). Presumption (2) Unless the contrary is proven on a balance of probabilities, there is a presumption in respect of a child conceived through sexual intercourse that a person is, and shall be recognized in law to be, the parent referred to in subsection (1) if any of the following circumstances applies: 1.  The person was the birth parent’s spouse at the time of the child’s birth. 2.  The person was married to the child’s birth parent by a marriage that was terminated by death or judgment of nullity within 300 days before the child’s birth or by divorce where the judgment of divorce was granted within 300 days before the child’s birth. 3.  The person was living in a conjugal relationship with the child’s birth parent before the child’s birth and the child is born within 300 days after they cease to live in a conjugal relationship. 4.  The person has certified the child’s birth, as a parent of the child, under the Vital Statistics Act
or a similar Act in another jurisdiction in Canada. 5.  The person has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child. 2016, c. 23, s. 1 (1). Conflicting presumptions (3) If circumstances exist that give rise to a presumption by more than one person under subsection (2), no presumption shall be made under that subsection. 2016, c. 23, s. 1 (1). Non-application, insemination by a sperm donor (4) This section is deemed not to apply to a person whose sperm is used to conceive a child through sexual intercourse if, before the child is conceived, the person and the intended birth parent agree in writing that the person does not intend to be a parent of the child. 2016, c. 23, s. 1 (1). Same, sperm donor not a parent (5) A person to whom subsection (4) applies is not, and shall not be recognized in law to be, a parent of a child conceived in the circumstances set out in that subsection. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 Birth parent’s spouse, if assisted reproduction or insemination by sperm donor
8 (1) If the birth parent of a child conceived through assisted reproduction had a spouse at the time of the child’s conception, the spouse is, and shall be recognized in law to be, a parent of the child. 2016, c. 23, s. 1 (1). Insemination by a sperm donor (2) If the birth parent of a child conceived through insemination by a sperm donor had a spouse at the time of the child’s conception, the spouse is, and shall be recognized in law to be, a parent of the child. 2016, c. 23, s. 1 (1). Non-application, lack of consent (3) This section does not apply if, before the child’s conception, (a)  the spouse did not consent to be a parent of the child; or (b)  the spouse consented to be a parent of the child but withdrew the consent. 2016, c. 23, s. 1 (1). Non-application, surrogacy or posthumous conception (4) This section does not apply if the birth parent is a surrogate or if the child is conceived after the death of a person declared under section 12 to be his or her parent. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 Parents under pre-conception parentage agreements
9 (1) In this section, “pre-conception parentage agreement” means a written agreement between two or more parties in which they agree to be, together, the parents of a child yet to be conceived. 2016, c. 23, s. 1 (1). Application (2) This section applies with respect to a pre-conception parentage agreement only if, (a)  there are no more than four parties to the agreement; (b)  the intended birth parent is not a surrogate, and is a party to the agreement; (c)  if the child is to be conceived through sexual intercourse but not through insemination by a sperm donor, the person whose sperm is to be used for the purpose of conception is a party to the agreement; and (d)  if the child is to be conceived through assisted reproduction or through insemination by a sperm donor, the spouse, if any, of the person who intends to be the birth parent is a party to the agreement, subject to subsection (3). 2016, c. 23, s. 1 (1). If spouse intends to not be a parent (3) Clause (2) (d) does not apply if, before the child is conceived, the birth parent’s spouse provides written confirmation that he or she does not consent to be a parent of the child and does not withdraw the confirmation. 2016, c. 23, s. 1 (1). Recognition of parentage (4) On the birth of a child contemplated by a pre-conception parentage agreement, together with every party to a pre-conception parentage agreement who is a parent of the child under section 6 (birth parent), 7  (other biological parent) or 8 (birth parent’s spouse), the other parties to the agreement are, and shall be recognized in law to be, parents of the child. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 Surrogacy, up to four intended parents
11 (1) If the conditions set out in subsection 10 (2) are met other than the condition set out in paragraph 3 of that subsection, any party to the surrogacy agreement may apply to the court for a declaration of parentage respecting a child contemplated by the agreement. 2016, c. 23, s. 1 (1). Time limit (2) An application under subsection (1) may not be made, (a)  until the child is born; and (b)  unless the court orders otherwise, after the first anniversary of the child’s birth. 2016, c. 23, s. 1 (1). Parental rights and responsibilities (3) Unless the surrogacy agreement provides otherwise, the surrogate and the intended parents share the rights and responsibilities of a parent in respect of the child from the time of the child’s birth until the court makes a declaration of parentage respecting the child. 2016, c. 23, s. 1 (1). Declaration (4) If an application is made under subsection (1), the court may make any declaration that the court may make under section 10 and, for the purpose, subsections 10 (8) and (9) apply with necessary modifications. 2016, c. 23, s. 1 (1). Post-birth consent of surrogate (5) A declaration naming one or more intended parents as a parent of the child and determining that the surrogate is not a parent of the child shall not be made under subsection (4) unless, after the child’s birth, the surrogate provides to the intended parents consent in writing relinquishing the surrogate’s entitlement to parentage of the child.  2016, c. 23, s. 1 (1). Waiver (6) Despite subsection (5), the court may waive the consent if any of the circumstances set out in subsection 10 (6) apply. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017
12 (1) A person who, at the time of a deceased person’s death, was his or her spouse, may apply to the court for a declaration that the deceased person is a parent of a child conceived after his or her death through assisted reproduction. 2016, c. 23, s. 1 (1). Time limit (2) An application under subsection (1) may not be made, (a)  until the child is born; and (b)  unless the court orders otherwise, later than 90 days after the child’s birth. 2016, c. 23, s. 1 (1). Declaration (3) The court may grant the declaration if the following conditions are met: 1.  The deceased person consented in writing to be, together with the applicant, the parents of a child conceived posthumously through assisted reproduction, and did not withdraw the consent before his or her death. 2.  If the child was born to a surrogate, the applicant is a parent of the child under section 10, and there is no other parent of the child. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017
13 (1) At any time after a child is born, any person having an interest may apply to the court for a declaration that a person is or is not a parent of the child. 2016, c. 23, s. 1 (1). Exception, adopted child (2) Subsection (1) does not apply if the child is adopted. 2016, c. 23, s. 1 (1). Declaration (3) If the court finds on the balance of probabilities that a person is or is not a parent of a child, the court may make a declaration to that effect. 2016, c. 23, s. 1 (1). Restriction (4) Despite subsection (3), the court shall not make any of the following declarations of parentage respecting a child under that subsection unless the conditions set out in subsection (5) are met: 1.  A declaration of parentage that results in the child having more than two parents. 2.  A declaration of parentage that results in the child having as a parent one other person, in addition to his or her birth parent, if that person is not a parent of the child under section 7, 8 or 9. 2016, c. 23, s. 1 (1). Conditions (5) The following conditions apply for the purposes of subsection (4): 1.  The application for the declaration is made on or before the first anniversary of the child’s birth, unless the court orders otherwise. 2.  Every other person who is a parent of the child is a party to the application. 3.  There is evidence that, before the child was conceived, every parent of the child and every person in respect of whom a declaration of parentage respecting that child is sought under the application intended to be, together, parents of the child. 4.  The declaration is in the best interests of the child. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017
14 (1) If a declaration is made by the court under this Part and evidence becomes available that was not available at the hearing of the application, the court may, on application, set aside or vary the order and make any other orders or give any directions that the court considers necessary. 2016, c. 23, s. 1 (1). No effect on rights, property interests (2) Setting aside an order under subsection (1) does not affect rights and duties that were exercised or performed, or interests in property that were distributed, before the order was set aside. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017
15 (1) A declaration made under this Part shall be recognized for all purposes. 2016, c. 23, s. 1 (1). Deemed effective from birth (2) A declaration made under this Part is deemed to have been effective from the child’s birth. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 Extra-Provincial Declaratory Orders
16 (1) In this section, “extra-provincial declaratory order” means an order, or part of an order, that makes a declaration of parentage similar to a declaration that may be made under section 13, if it is made by a court or tribunal outside Ontario that has jurisdiction to make such an order. 2016, c. 23, s. 1 (1). Recognition of Canadian orders (2) Subject to subsection (3), a court shall recognize an extra-provincial declaratory order made in another jurisdiction in Canada. 2016, c. 23, s. 1 (1). Exception (3) A court may decline to recognize an extra-provincial declaratory order made in another jurisdiction in Canada if, (a)  evidence becomes available that was not available during the proceeding that led to the making of the extra-provincial declaratory order; or (b)  the court is satisfied that the extra-provincial declaratory order was obtained by fraud or duress. 2016, c. 23, s. 1 (1). Recognition of non-Canadian orders (4) Subject to subsection (5), a court shall recognize an extra-provincial declaratory order that was made in a jurisdiction outside Canada if, (a)  the child or at least one parent of the child was habitually resident in the jurisdiction of the court or tribunal that made the extra-provincial declaratory order at the time the proceeding that led to its making was commenced or at the time the extra-provincial declaratory order was made; or (b)  the child or at least one parent of the child had a real and substantial connection with the jurisdiction of the court or tribunal that made the extra-provincial declaratory order at the time the proceeding that led to its making was commenced or at the time the extra-provincial declaratory order was made. 2016, c. 23, s. 1 (1). Exception (5) A court may decline to recognize an extra-provincial declaratory order made in a jurisdiction outside Canada, (a)  in the circumstances described in clause (3) (a) or (b); or (b)  if the extra-provincial declaratory order is contrary to public policy in Ontario. 2016, c. 23, s. 1 (1). Effect of recognition of order (6) An extra-provincial declaratory order that is recognized by the court shall be deemed to be an order of the court under section 13, and shall be treated for all purposes as if it were an order made under that section. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 Other Matters
17 (1) Any person declared under section 10, 11 or 13 to be a parent of a child may apply to the court for an order that the child’s surname be changed to any surname that the child could have been given under subsection 10 (3) or (3.1) of the Vital Statistics Act if the child had been born at the time of the declaration. 2016, c. 23, s. 1 (1, 2). Same (2) An application under subsection (1) to change a child’s surname may be made at the same time as an application for a declaration under section 10, 11 or 13. 2016, c. 23, s. 1 (1). Best interests of the child (3) An order under subsection (1) changing a child’s surname may be made only if it is in the best interests of the child. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1, 2)
- 01/01/2017
17.1 A written acknowledgment of parentage that is admitted in evidence in any proceeding against the interest of the person making the acknowledgment is proof, in the absence of evidence to the contrary, of the fact. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 CTS 13 DE 16 -1
17.2 (1) On the application of a party in a proceeding in which the court is called on to determine a child’s parentage, the court may give the party leave to obtain a blood test, DNA test or any other test the court considers appropriate of a person named in the order granting leave, and to submit the results in evidence. 2016, c. 23, s. 1 (1). Conditions (2) The court may impose conditions, as it thinks proper, on an order under subsection (1). 2016, c. 23, s. 1 (1). Consent to procedure (3) The Health Care Consent Act, 1996 applies to the test as if it were treatment under that Act. 2016, c. 23, s. 1 (1). Inference from refusal (4) If a person named in an order under subsection (1) refuses to submit to the test, the court may draw such inferences as it thinks appropriate. 2016, c. 23, s. 1 (1). Exception (5) Subsection (4) does not apply if the refusal is the decision of a substitute decision-maker as defined in section 9 of the Health Care Consent Act, 1996. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 CTS 13 DE 16 -1
17.3 Section 70 applies with necessary modifications if a proceeding includes an application under this Part. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 CTS 13 DE 16 -1
17.4 On the making of a declaratory order under this Part that a person is or is not a parent of a child, the clerk of the court shall file with the Registrar General a statement, in the form provided by the Ministry of the Attorney General, respecting the order. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 CTS 13 DE 16 -1 Certified copies of documents filed with the Registrar General
17.5 (1) On application and payment of the required fee under the Vital Statistics Act, any person may obtain from the Registrar General a certified copy of a statement filed under section 17.4. 2016, c. 23, s. 1 (1). Statutory declaration of parentage (2) On application and payment of the required fee under the Vital Statistics Act, any person who has an interest, provides substantially accurate particulars and satisfies the Registrar General as to the reason for requiring it may obtain from the Registrar General a certified copy of a statutory declaration filed under section 12 of this Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force. 2016, c. 23, s. 1 (1). Certified copy as evidence (3) A certified copy obtained under this section that is signed by the Registrar General or Deputy Registrar General, or on which the signature of either is reproduced by any method, is admissible in any court in Ontario as proof, in the absence of evidence to the contrary, of the filing and contents of the statement. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 CTS 13 DE 16 -1
17.6 Nothing in this Act shall be construed as requiring the Registrar General to amend a registration showing parentage other than in recognition of an order made under this Part and in accordance with the requirements of the Vital Statistics Act. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1)
- 01/01/2017 CTS 13 DE 16 -1 Part II (s. 3-17) Repealed: 2016, c. 23, s. 1 (1). Section amendments with date in force (d/m/y) 3. 1996, c. 25, s. 3 (1) - 31/10/1996 2001, c. 9, Sched. B, s. 4 (7) - 29/06/2001 2016, c. 23, s. 1 (1)
- 01/01/2017 4.-6. 2016, c. 23, s. 1 (1)
- 01/01/2017 6.1 2009, c. 11, s. 4 - 1/03/2010 2016, c. 5, Sched. 33, s. 8 - no effect - see 2016, c. 23, s. 1 (1)
- 01/01/2017 7. 2009, c. 11, s. 5 - 01/03/2010 2016, c. 23, s. 1 (1)
- 01/01/2017 8., 9. 2016, c. 23, s. 1 (1)
- 01/01/2017 10. 1996, c. 2, s. 63 - 29/03/1996 2006, c. 19, Sched. B, s. 4 - 22/06/2006 2016, c. 23, s. 1 (1)
- 01/01/2017 11. Repealed:  2006, c. 19, Sched. B, s. 4. 2006, c. 19, Sched. B, s. 4 - 22/06/2006 12. 2009, c. 33, Sched. 2, s. 12 (1, 2, 5) - 15/12/2009 2012, c. 8, Sched. 7, s. 1 - no effect - see 2016, c. 23, s. 75
- 05/12/2016 2016, c. 23, s. 1 (1)
- 01/01/2017 13. 2009, c. 33, Sched. 2, s. 12 (5) - 15/12/2009 2016, c. 23, s. 1 (1)
- 01/01/2017 14. 1993, c. 27, Sched. - 31/12/1991 2009, c. 33, Sched. 2, s. 12 (3, 5) - 15/12/2009 2016, c. 23, s. 1 (1)
- 01/01/2017 15., 16. 2009, c. 33, Sched. 2, s. 12 (5) - 15/12/2009 2016, c. 23, s. 1 (1)
- 01/01/2017 17. Repealed:  2009, c. 33, Sched. 2, s. 12 (4) 2009, c. 33, Sched. 2, s. 12 (4) - 15/12/2009 Part III   Decision-making Responsibility, parenting Time, Contact and Guardianship Interpretation and Purposes
19 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. 2020, c. 25, Sched. 1, s. 2. Section amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 2 - 01/03/2021 Decision-Making Responsibility, Parenting Time and Contact
20 (1) Except as otherwise provided in this Part, a child’s parents are equally entitled to decision-making responsibility with respect to the child. 2020, c. 25, Sched. 1, s. 2. 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. 2020, c. 25, Sched. 1, s. 2. 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. 2020, c. 25, Sched. 1, s. 2. If 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. 2020, c. 25, Sched. 1, s. 2. 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. 2020, c. 25, Sched. 1, s. 2. 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. 2020, c. 25, Sched. 1, s. 2. 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. 2020, c. 25, Sched. 1, s. 2. Section amendments with date in force (d/m/y) 1990, c. C.12, s. 77 - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2016, c. 23, s. 2 (1-4)
- 01/01/2017 2020, c. 25, Sched. 1, s. 2 - 01/03/2021 Application for parenting order or contact order
21 (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. 2020, c. 25, Sched. 1, s. 2. 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. 2020, c. 25, Sched. 1, s. 2. Contact 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. 2020, c. 25, Sched. 1, s. 2. 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. 2020, c. 25, Sched. 1, s. 2. Section amendments with date in force (d/m/y) 2009, c. 11, s. 6 - 01/03/2010 2016, c. 23, s. 3
- 01/01/2017; 2016, c. 28, s. 1- 08/12/2016 2017, c. 14, Sched. 4, s. 4 (2) - 30/04/2018 2020, c. 25, Sched. 1, s. 2 - 01/03/2021
21.1 (1) Every person who applies under section 21 for a parenting order respecting decision-making responsibility with respect to the child and who is not a parent of the child shall file with the court the results of a recent police records check respecting the person in accordance with the rules of court.  2009, c. 11, s. 7; 2016, c. 23, s. 4; 2020, c. 25, Sched. 1, s. 3 (1). Admissibility (2) The results obtained by the court under subsection (1) and any information, statement or document derived from the information contained in the results are admissible in evidence in the application, if the court considers it to be relevant.  2009, c. 11, s. 7. Use of evidence (3) Subject to subsection 24 (5), evidence that is determined by the court to be admissible under subsection (2) shall be considered in determining the best interests of the child under section 24.  2009, c. 11, s. 7; 2020, c. 25, Sched. 1, s. 3 (2). Regulations (4) The Lieutenant Governor in Council may make regulations defining “police records check” for the purposes of subsection (1).  2009, c. 11, s. 7. Section amendments with date in force (d/m/y) 2009, c. 11, s. 7 - 01/03/2010 2016, c. 23, s. 4
- 01/01/2017 2020, c. 25, Sched. 1, s. 3 (1, 2) - 01/03/2021 CAS records search, non-parents
21.3 (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. 2020, c. 25, Sched. 1, s. 5 (1). 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. 2020, c. 25, Sched. 1, s. 5 (1). Same (3) Written information provided under subsection (1) or (2) shall also be provided to counsel, if any, representing the child who is the subject of the application.  2009, c. 11, s. 9. Admissibility (4) Written information that is provided to the court under subsection (1) or (2) and any information, statement or document derived from that information is admissible in evidence in the application, if the court considers it to be relevant.  2009, c. 11, s. 9. Use of evidence (5) Subject to subsection 24 (5), evidence that is determined by the court to be admissible under subsection (4) shall be considered in determining the best interests of the child under section 24.  2009, c. 11, s. 9; 2020, c. 25, Sched. 1, s. 5 (2). Interpretation (6) Nothing done under this section constitutes publication of information or making information public for the purposes of subsection 87 (8) of the Child, Youth and Family Services Act, 2017
or an order under clause 70 (1) (b) of this Act. 2017, c. 14, Sched. 4, s. 4 (5). Regulations (7) The Attorney General may make regulations for the purposes of this section, (a)  defining “family proceeding” and “criminal proceeding”; (b)  prescribing the scope, content and form of the written information that shall or may be provided under this section; (c)  providing for a process for removing from the written information provided under subsection (1) or (2) information respecting a proceeding that does not involve the child who is the subject of the application or a person who is a party and is not a parent of the child, as the case may be.  2009, c. 11, s. 9; 2016, c. 23, s. 5 (2). Section amendments with date in force (d/m/y) 2009, c. 11, s. 9 - 01/03/2010 2016, c. 23, s. 5 (1, 2)
- 01/01/2017 2017, c. 14, Sched. 4, s. 4 (5) - 30/04/2018 2020, c. 25, Sched. 1, s. 5 (1, 2) - 01/03/2021
22 (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. 2020, c. 25, Sched. 1, s. 6. 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. 2020, c. 25, Sched. 1, s. 6. 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. 2020, c. 25, Sched. 1, s. 6. Section amendments with date in force (d/m/y) 2016, c. 23, s. 6 (1-3)
- 01/01/2017 2020, c. 25, Sched. 1, s. 6 - 01/03/2021
23 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. 2020, c. 25, Sched. 1, s. 6. Section amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 6 - 01/03/2021
25 A 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. 2020, c. 25, Sched. 1, s. 6. Section amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 6 - 01/03/2021
26 (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. 2020, c. 25, Sched. 1, s. 6. 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. 2020, c. 25, Sched. 1, s. 6. 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. 2020, c. 25, Sched. 1, s. 6. 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. 2020, c. 25, Sched. 1, s. 6. Section amendments with date in force (d/m/y) 2006, c. 5, s. 51 (1) - 30/11/2006 2009, c. 11, s. 11 (1, 2) - 14/05/2009 2017, c. 14, Sched. 4, s. 4 (6) - 30/04/2018 2020, c. 25, Sched. 1, s. 6 - 01/03/2021
27 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. 2020, c. 25, Sched. 1, s. 6. Section amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 6 - 01/03/2021 Parenting Orders and Contact Orders
29 (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. 2020, c. 25, Sched. 1, s. 6. 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. 2020, c. 25, Sched. 1, s. 6. 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. 2020, c. 25, Sched. 1, s. 6. 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. 2020, c. 25, Sched. 1, s. 6. Section amendments with date in force (d/m/y) 1990, c. C.12, s. 80 - see: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2020, c. 25, Sched. 1, s. 6 - 01/03/2021 Decision-Making Responsibility, Parenting Time and Contact — Assistance to Court
31 (1) Upon an application for a parenting order or contact order, the court, at the request of the parties, by order may appoint a person selected by the parties to mediate any matter specified in the order.  R.S.O. 1990, c. C.12, s. 31 (1); 2020, c. 25, Sched. 1, s. 9. Consent to act (2) The court shall not appoint a person under subsection (1) unless the person, (a)  has consented to act as mediator; and (b)  has agreed to file a report with the court within the period of time specified by the court.  R.S.O. 1990, c. C.12, s. 31 (2). Duty of mediator (3) It is the duty of a mediator to confer with the parties and endeavour to obtain an agreement in respect of the matter.  R.S.O. 1990, c. C.12, s. 31 (3). Form of report (4) Before entering into mediation on the matter, the parties shall decide whether, (a)  the mediator is to file a full report on the mediation, including anything that the mediator considers relevant to the matter in mediation; or (b)  the mediator is to file a report that either sets out the agreement reached by the parties or states only that the parties did not reach agreement on the matter.  R.S.O. 1990, c. C.12, s. 31 (4). Filing of report (5) The mediator shall file his or her report with the clerk of the court in the form decided upon by the parties under subsection (4).  R.S.O. 1990, c. C.12, s. 31 (5); 2009, c. 11, s. 14 (1). Copies of report (6) The clerk of the court shall give a copy of the report to each of the parties and to counsel, if any, representing the child.  R.S.O. 1990, c. C.12, s. 31 (6); 2009, c. 11, s. 14 (2). Admissions made in the course of mediation (7) Where the parties have decided that the mediator’s report is to be in the form described in clause (4) (b), evidence of anything said or of any admission or communication made in the course of the mediation is not admissible in any proceeding except with the consent of all parties to the proceeding in which the order was made under subsection (1).  R.S.O. 1990, c. C.12, s. 31 (7). Fees and expenses (8) The court shall require the parties to pay the fees and expenses of the mediator.  R.S.O. 1990, c. C.12, s. 31 (8). Same, proportions or amounts (9) The court shall specify in the order the proportions or amounts of the fees and expenses that the court requires each party to pay.  R.S.O. 1990, c. C.12, s. 31 (9). Same, serious financial hardship (10) The court may relieve a party from responsibility for payment of any of the fees and expenses of the mediator where the court is satisfied that payment would cause serious financial hardship to the party.  R.S.O. 1990, c. C.12, s. 31 (10). Section amendments with date in force (d/m/y) 1990, c. C.12, s. 82 - see: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2009, c. 11, s. 14 (1, 2) - 14/05/2009 2020, c. 25, Sched. 1, s. 9 - 01/03/2021
32 (1) Where a court is of the opinion that it is necessary to receive further evidence from a place outside Ontario before making a decision, the court may send to the Attorney General, Minister of Justice or similar officer of the place outside Ontario such supporting material as may be necessary together with a request, (a)  that the Attorney General, Minister of Justice or similar officer take such action as may be necessary in order to require a named person to attend before the proper tribunal in that place and produce or give evidence in respect of the subject-matter of the application; and (b)  that the Attorney General, Minister of Justice or similar officer or the tribunal send to the court a certified copy of the evidence produced or given before the tribunal.  R.S.O. 1990, c. C.12, s. 32 (1). Cost of obtaining evidence (2) A court that acts under subsection (1) may assess the cost of so acting against one or more of the parties to the application or may deal with such cost as costs in the cause.  R.S.O. 1990, c. C.12, s. 32 (2).
33 (1) Where the Attorney General receives from an extra-provincial tribunal a request similar to that referred to in section 32 and such supporting material as may be necessary, it is the duty of the Attorney General to refer the request and the material to the proper court.  R.S.O. 1990, c. C.12, s. 33 (1). Obtaining evidence (2) A court to which a request is referred by the Attorney General under subsection (1) shall require the person named in the request to attend before the court and produce or give evidence in accordance with the request.  R.S.O. 1990, c. C.12, s. 33 (2). Decision-Making Responsibility, Parenting Time and Contact — Duties Parties
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. 2020, c. 25, Sched. 1, s. 10. 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. 2020, c. 25, Sched. 1, s. 10. 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. 2020, c. 25, Sched. 1, s. 10. 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. 2020, c. 25, Sched. 1, s. 10. 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. 2020, c. 25, Sched. 1, s. 10. 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). 2020, c. 25, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 10 - 01/03/2021 Legal adviser