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Canadian Custody and Access Provisions: A Legislative Comparison


v. Enforcement of Access

PROVINCE/STATUTE LEGISLATIVE PROVISION
Canada
Divorce Act, R.S.C.1985 (2nd Supp.), c.3. -enforcement is within provincial and territorial jurisdiction.
Alberta
Provincial Court Amendment Act, 1997, Chapter 22, amends Provincial Court Act, R.S.A. 1980, cP-20. -s. 32.1 (1)-(6) Deals with grandparents rights to access (see chart entitled "Extended Family Custody and Access"), and sub.s. (7) states: any person who contravenes a provision as to right of access in an order made under this section is guilty of an offence and liable to a fine of not more than $1000 or to imprisonment for a term not exceeding 4 months.
Provincial Court Act, R.S.A. 1980, cP-20. -s. 32(8) Any person who contravenes a provision as to custody or right of access in an order made under this section is guilty of an offence and liable to a fine of not more than $1000 or to imprisonment for a term not exceeding 4 months or to both fine and imprisonment.
British Columbia
Family Relations Act, R.S.B.C. 1979, c. 121. -128 (3) A person who, without lawful excuse, interferes with the custody of, or access to, a child in respect of whom an order for custody or access was made or is enforceable under this Act commits an offence. (5) An order, certified by a proper officer of the court that made the order, is proof of the order in a prosecution under this section
Manitoba
The Family Maintenance Act, R.S.M. 1987, c. F.20 as amended. -s. 11 In an application for custody of or access to a child under this or any other Act, a judge may, if he considers it necessary in the circumstances, by order authorize the applicant or someone on his behalf to locate and apprehend a child and section 9 of the Child Custody Enforcement Act applies with the necessary changes to the order. (N.b. s. 9 includes provisions on entry and search, and a peace officer's duty to act.). Otherwise, direct any person or public body to provide the court with such particulars of the address of the proposed respondent to the application as are contained in the records in the custody of the person or body and section 13 of the Child Custody Enforcement Act applies with the necessary changes to the order. (N.b. s. 13 deals with information as to address, and compliance with the order.)
New Brunswick
The Child and Family Services and Family Relations Act, S. N. B. 1980, c. C-2.1 re-titled Family Services Act, S.N.B. 1980, c. F-2.2, as amended by S.N. B. 1996, c. 13.
Newfoundland
Children's Law Act, R.S.N. 1990, c. C-13, as amended by S.N. 1995, c. 27.
Northwest Territories
Domestic Relations Act, R.S.N.W.T. 1988, c. D-8
Nova Scotia
Family Maintenance Act, R.S.N.S. 1989, c. 160. -s. 421(c) Empowers the courts to fine, imprison or otherwise sanction flagrant violators of the courts' orders.
Ontario
Children's Law Reform Act, R.S. O. 1990, c. C.12.
Prince Edward Island
Custody Jurisdiction and Enforcement Act, R.S. P.E. I. 1988, c. C-33. -s. 20 Empowers the court to make an order restraining any person from molesting, annoying or harassing the applicant and/or child in the lawful custody of the applicant. Gives the court ancillary powers such as ordering a person to enter into a recognizance, report to the court or other named official, and/or deliver up such documents as the court thinks fit.
Quebec
Civil Code of Quebec, S.Q. 1991, c. 64.
Saskatchewan
-Children's Law Act, S.S. 1990, c. C-8.1.
Yukon
Children's Act, R.S.Y. 1986, c. 22. -s.35 Where an order is made for custody of or access to a child, the court may give such directions as it considers appropriate for the supervision of the custody or access by a person who has consented so to act.

March 18, 1998