Canada Gazette, Part I, Volume 154, Number 12: Notice of Relocation Regulations

March 21, 2020

Statutory authority

Divorce Act

Sponsoring department

Department of Justice

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Guidelines Amending the Federal Child Support Guidelines.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to sections 16.9 ^{footnote a}, 16.91^{footnote a} and 16.96^{footnote a} and paragraph 26(1)(d) ^{footnote b} of the Divorce Act ^{footnote c}, proposes to make the annexed Notice of Relocation Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Family and Children’s Law and Policy Unit, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8 (fax: 613‑952‑9600; email: fclpu-updfe@justice.gc.ca).

Ottawa, March 12, 2020

Julie Adair
Assistant Clerk of the Privy Council

Notice of Relocation Regulations

Definition of Act

1 In these Regulations, Act means the Divorce Act.

Prescribed information — paragraph 16.9(2)(d) of Act

2 For the purposes of paragraph 16.9(2)(d) of the Act, the following information is prescribed:

• (a) the name of the person who intends to undertake a relocation and the name of any child of the marriage who is relocating, if applicable;
• (b) the name of any other child of the marriage in respect of whom the person has parenting time or decision-making responsibility;
• (c) the address of the person’s current place of residence and their current contact information; and
• (d) the name of any person who has parenting time, decision-making responsibility or contact under a contact order in respect of any child of the marriage referred to in paragraph (a) or (b).

Notice of relocation

3 For the purposes of section 16.9 of the Act, a person who intends to undertake a relocation must give notice of their intention by providing the information set out in Form 1 of the schedule.

Prescribed information — paragraph 16.91(2)(d) of Act

4 For the purposes of paragraph 16.91(2)(d) of the Act, the following information is prescribed:

• (a) the name of the person who has received the notice under section 16.9 of the Act; and
• (b) the address of the person’s current place of residence and their current contact information.

Objection to relocation

5 For the purposes of clause 16.91(1)(b)(i)(A) of the Act, a person who intends to object to a relocation must do so by providing the information set out in Form 2 of the schedule.

Prescribed information — subsection 16.96(2) of Act

6 For the purposes of subsection 16.96(2) of the Act, the following information is prescribed:

• (a) the name of the person who has contact with a child of the marriage under a contact order;
• (b) the address of the person’s current place of residence and their current contact information;
• (c) the name of any child of the marriage specified in the contact order; and
• (d) the name of any person who has parenting time or decision-making responsibility in respect of any child of the marriage specified in the contact order.

Notice — persons with contact

7 For the purposes of subsection 16.96(2) of the Act, a person who has contact with a child of the marriage under a contact order and who intends to change their place of residence must give notice of their intention by providing the information set out in Form 3 of the schedule.

Coming into Force

8 These Regulations come into force on the day on which section 12 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, chapter 16 of the Statutes of Canada, 2019, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE

(Sections 3, 5 and 7)

FORM 1

(Section 3)

Notice of Relocation

Information relating to the person giving the notice:

• Name:
• Current address:
• Current contact information:

Name of any child of the marriage who is relocating:

Name of any other child of the marriage in respect of whom the person giving the notice has parenting time or decision-making responsibility:

Name of any person who has parenting time, decision-making responsibility or contact under a contact order in respect of any child of the marriage:

Information relating to the intended relocation:

• Expected date of relocation:
• Address of the new place of residence and contact information of the person or child of the marriage, as the case may be:

Proposal as to how parenting time, decision-making responsibility or contact, as the case may be, could be exercised:

FORM 2

(Section 5)

Notice of Objection to Relocation

Information relating to the person objecting to the relocation:

• Name:
• Current address:
• Current contact information:

Reasons for the objection to the relocation:

Views on the proposal for the exercise of parenting time, decision-making responsibility or contact, as the case may be, that is set out in the notice of relocation:

FORM 3

(Section 7)

Notice — Persons with Contact

Information relating to the person giving notice:

• Name:
• Current address:
• Current contact information:

Name of any child of the marriage specified in the contact order:

Name of any person who has parenting time or decision-making responsibility in respect of any child of the marriage specified in the contact order:

Information relating to the intended change in place of residence:

• Expected date of change in place of residence:
• Address of the new place of residence and contact information of the person:

Proposal as to how contact could be exercised in light of the change in place of residence: