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Network of Hemispheric Legal Cooperation in the Area of Family and Child Law

canada

Introduction to the legal system | Acknowledgment and declaration of paternity | Adoption of minors | Custody, visitation rights, abduction and return of minors | Maintenance obligations in favor of minors and other family members | Traffic in, sale of, and other forms of abuse of women and minors, including sexual abuse

 

Introduction to the legal system

Description

Introduction to the legal system of Canada

Overview of the regulation of family and minors in Canada

 

Fundamental texts

Consolidation of Constitution Acts 1867 to 1982

Canadian Charter of Rights and Freedoms

Canada Evidence Act

Civil Marriage Act, S.C. 2005, c. 33

Divorce Act and Divorce Act regulations (particularly the Federal Child Support Guidelines)

Criminal Code

Family Orders and Agreements Enforcement Assistanc Act

Garnishment, Attachment and Pension Diversion Act

 

Bilateral treaties entered into by the country in family and child law

Agreement Between the Government of Canada and the Government of the Arab Republic of Egypt regarding Cooperation on Consular Elements of Family Matters, July 23, 1997

Agreement Between the Government of Canada and the Government of the Lebanese Republic regarding Cooperation on Consular Matters of a Humanitarian Nature

 

Multilateral agreements that the country is a party to in family and child law

Canada is party to two multilateral private international law conventions related to family and child law:

Convention on the Rights of the Child (United Nations)

Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague)

Canada is also a party to:

Convention on the Civil Aspects of International Child Abduction (Hague)

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

Convention on the Elimination of All Forms of Discrimination against Women

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

 

Designated authority for the Network

 

 

Acknowledgment and declaration of paternity

General

Acknowledgment and declaration of paternity in Canada

 

Legislation

 

Bilateral treaties

 

Multilateral agreements

 

Jurisprudence

 

Other documents of interest

 

 

Adoption of minors

General

Regulation of the adoption of minors in Canada

 

Legislation

Immigration and Refugee Protection Act [2001, c. 27];

Immigration and Refugee Protection Regulations [SOR/2002-227]

Citizenship Act [C-29]

Citizenship Regulations [SOR/93-246]

 

Bilateral treaties

 

Multilateral agreements

Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague)

 

Competent authorities

Minister of Human Resources and Skills Development Canada, represented by Inter-Country Adoptions Services

 

Jurisprudence

 

Other documents of interest

 

 

Custody, visitation rights, abduction and return of minors

General

Regulation of custody, visitation rights, abduction and return of minors in Canada

 

Legislation

Divorce Act

Criminal Code (sections 280 to 283)

Model Parental Child Abduction Charging Guidelines

 

Bilateral treaties

Agreement Between the Government of Canada and the Government of the Arab Republic of Egypt regarding Cooperation on Consular Elements of Family Matters, July 23, 1997

Agreement Between the Government of Canada and the Government of the Lebanese Republic regarding Cooperation on Consular Matters of a Humanitarian Nature

 

Multilateral agreements

Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague)

 

Competent authorities

Justice Legal Services (JUS)

 

Jurisprudence

 

Other documents of interest

 

 

Maintenance obligations in favor of minors and other family members

General

Regulation of maintenance obligations in favor of minors and other family members in Canada

 

Legislation

Divorce Act and Divorce Act regulations (particularly the Federal Child Support Guidelines)

Family Orders and Agreements Enforcement Assistance Act and FOAEAA regulations

Garnishment, Attachment and Pension Diversion Act and GAPDA regulations

 

Bilateral treaties

Canada is not a party to bilateral treaties on maintenance obligations

Individually, provinces and territories have bilateral arrangements with a number of countries or states within other countries for the purposes of enforcing foreign support orders. These arrangements do not constitute bilateral treaties.

A list of existing bilateral arrangements may be found at http://www.justice.gc.ca/eng/pi/fcy-fea/sup-pen/enf-exe/ov-ap.html#list

See questionnaire completed by the province of Saskatchewan

 

Multilateral agreements

 

Competent authorities

 

Jurisprudence

 

Other documents of interest

 

 

Traffic in, sale of, and other forms of abuse of women and minors, including sexual abuse

General

Protection against traffic in, sale of and other forms of abuse against women and minors, including sexual abuse, in Canada

 

Legislation

Criminal Code

 

Bilateral treaties

 

Multilateral agreements

United Nations Convention against Transnational Organized Crime

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

Convention on the Elimination of All Forms of Discrimination against Women

Convention on the Rights of the Child (United Nations)

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

 

Competent authorities

 

Jurisprudence

 

Other documents of interest

 

Organization of American States