Recent amendments to Canada’s Divorce Act will come into effect on July 1, 2020.  While many of these changes may not be directly relevant to estate law, estate practitioners may nevertheless wish to familiarize themselves with these developments before July.

The amendments introduced under Bill C-78 serve a number of objectives, including the advancement of the best interests of the child and increased access to justice.  They can be briefly summarized as follows:

  • New criteria, independent of the Children’s Law Reform Act, in respect of the best interests of the child, taking into account the child’s views and preferences;
  • Updates to terminology designed to enhance access to justice and focus on the responsibilities of parents owed to their children: for example, custody orders will soon be referred to as “parenting orders”, and access will instead be known as “contact”;
  • The removal of presumptions as to equal parenting time and maximum contact being in the best interests of the child.

The new Divorce Act also imposes a duty upon counsel to encourage family dispute resolution unless clearly inappropriate in the circumstances, in a manner consistent with Rule 3.2-4 of the Law Society of Ontario’s Rules of Professional Conduct.  Some provinces are expected as a result to introduce legislation providing judges with the discretion to direct parties to family mediation and/or parenting coordination (as has already happened in British Columbia).

Bill C-78 has also resulted in updates to the Family Orders and Agreements Enforcement Assistance Act.  This act, which already facilitates access to information held by financial institutions with respect to the assets of debtors, will soon permit access to income information from Canada Revenue Agency for the purposes of recalculating support.  The enhanced act is expected to reduce costs to parties and to courts of obtaining necessary disclosure.

Thank you for reading.

Nick Esterbauer

 

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