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Notice of Relocation Regulations (SOR/2020-249)

Regulations are current to 2024-02-06 and last amended on 2021-03-01. Previous Versions

Notice of Relocation Regulations

SOR/2020-249

DIVORCE ACT

Registration 2020-11-23

Notice of Relocation Regulations

P.C. 2020-907 2020-11-20

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 16.9Footnote a, 16.91Footnote a and 16.96Footnote a and paragraph 26(1)(d)Footnote b of the Divorce ActFootnote c, makes the annexed Notice of Relocation Regulations.

Marginal note:Definition of Act

 In these Regulations, Act means the Divorce Act.

Marginal note:Prescribed information — paragraph 16.9(2)(d) of Act

 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).

Marginal note:Notice of relocation

 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.

Marginal note:Prescribed information — paragraph 16.91(2)(d) of Act

 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.

Marginal note:Objection to relocation

 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.

Marginal note:Prescribed information — subsection 16.96(2) of Act

 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.

Marginal note:Notice — persons with contact

 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.

Marginal note:Coming into Force

Footnote * 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.

 

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