| Contents |
| Part 1 — Interpretation |
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1 | Definitions |
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2 | General interpretation |
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3 | Spouses and relationships between spouses |
| Part 2 — Resolution of Family Law Disputes |
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Division 1 — Resolution Out of Court Preferred |
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4 | Purposes of Part |
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5 | Duty to disclose |
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6 | Agreements respecting family law disputes generally |
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7 | Replacing agreements |
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8 | Duties of family dispute resolution professionals |
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9 | Duties of parties respecting family dispute resolution |
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Division 2 — Family Justice Counsellors |
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10 | Family justice counsellors |
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11 | Confidentiality of information |
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12 | Family justice counsellors not to be compelled |
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13 | Information obtained while receiving assistance |
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Division 3 — Parenting Coordinators |
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14 | Parenting coordinators |
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15 | When parenting coordinators may assist |
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16 | Information sharing for parenting coordination |
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17 | Assistance from parenting coordinators |
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18 | Determinations by parenting coordinators |
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19 | Confirming, changing or setting aside determinations |
| Part 3 — Parentage |
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Division 1 — General Matters |
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20 | Interpretation |
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21 | Void and voidable marriages |
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22 | Effect of Part |
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Division 2 — Determining Parentage |
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23 | Parentage to be determined by this Part |
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24 | Donor not automatically parent |
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25 | Parentage if adoption |
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26 | Parentage if no assisted reproduction |
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27 | Parentage if assisted reproduction |
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28 | Parentage if assisted reproduction after death |
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29 | Parentage if surrogacy arrangement |
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30 | Parentage if other arrangement |
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31 | Orders declaring parentage |
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32 | New evidence |
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33 | Parentage tests |
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Division 3 — Orders Made Outside British Columbia |
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34 | Definitions |
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35 | Recognition of Canadian extraprovincial declaratory orders |
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36 | Recognition of non-Canadian extraprovincial declaratory orders |
| Part 4 — Care of and Time with Children |
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Division 1 — Best Interests of Child |
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37 | Best interests of child |
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38 | Assessing family violence |
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Division 2 — Parenting Arrangements |
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39 | Parents are generally guardians |
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40 | Parenting arrangements |
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41 | Parental responsibilities |
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42 | Parenting time |
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43 | Exercise of parental responsibilities |
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44 | Agreements respecting parenting arrangements |
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45 | Orders respecting parenting arrangements |
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46 | Changes to child's residence if no agreement or order |
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47 | Changing, suspending or terminating orders respecting parenting arrangements |
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48 | Informal parenting arrangements |
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49 | Referral of questions to court |
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Division 3 — Guardianship |
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50 | Agreements respecting guardianship |
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51 | Orders respecting guardianship |
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52 | Who is entitled to notice |
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53 | Appointment of guardian in case of death |
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54 | Loss of guardian |
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55 | Appointment of standby guardian |
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56 | Limits on appointments |
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57 | Appointments must be accepted to take effect |
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Division 4 — Contact with a Child |
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58 | Agreements respecting contact |
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59 | Orders respecting contact |
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60 | Changing, suspending or terminating orders respecting contact |
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Division 5 — Compliance Respecting Parenting Time or Contact with a Child |
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61 | Denial of parenting time or contact |
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62 | When denial is not wrongful |
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63 | Failure to exercise parenting time or contact |
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64 | Orders to prevent removal of child |
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Division 6 — Relocation |
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65 | Definition and application |
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66 | Notice of relocation |
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67 | Resolving issues arising from relocation |
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68 | Child may be relocated unless guardian objects |
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69 | Orders respecting relocation |
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70 | If relocation permitted |
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71 | Not a change in circumstances |
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Division 7 — Extraprovincial Matters Respecting Parenting Arrangements |
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72 | Definitions and interpretation |
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73 | Purposes |
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74 | Determining whether to act under this Part |
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75 | Recognition of extraprovincial orders |
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76 | Superseding extraprovincial orders |
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77 | Wrongful removal of child |
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78 | Extraprovincial evidence |
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79 | Referral to court |
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Division 8 — International Child Abduction |
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80 | International child abduction |
| Part 5 — Property Division |
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Division 1 — General Rules |
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81 | Equal entitlement and responsibility |
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82 | Rights and remedies of third parties |
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Division 2 — Determining Family Property and Family Debt |
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83 | Interpretation |
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84 | Family property |
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85 | Excluded property |
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86 | Family debt |
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87 | Valuing family property and family debt |
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Division 3 — Before Agreement or Final Order is Made |
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88 | Orders under this Division |
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89 | Orders for interim distribution of property |
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90 | Temporary orders respecting family residence |
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91 | Temporary orders respecting protection of property |
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Division 4 — Dividing Family Property and Family Debt |
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92 | Agreements respecting property division |
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93 | Setting aside agreements respecting property division |
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94 | Orders respecting property division |
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95 | Unequal division by order |
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96 | Division of excluded property |
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97 | Giving effect to property division |
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Division 5 — Enforcing and Protecting Property Interests |
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98 | Definitions |
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99 | Filing in land title office |
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100 | Filing in personal property registry |
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101 | Orders for postponement, cancellation or discharge |
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102 | Donor of gift is party to agreement |
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103 | Enforceability of interest in property |
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104 | Rights under this Part |
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Division 6 — Jurisdiction and Choice of Law Rules |
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105 | Definitions and interpretation |
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106 | Determining whether to act under this Part |
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107 | Applicable internal law |
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108 | Choice of law rules |
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109 | Extraprovincial property |
| Part 6 — Pension Division |
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Division 1 — General Matters |
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110 | Definitions |
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111 | Benefits to be determined in accordance with this Part |
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112 | Original agreements and orders |
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113 | Designation of limited members |
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Division 2 — Division of Benefits in Local Plans |
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114 | Local defined contribution plans |
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115 | Local defined benefit plans |
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116 | Local hybrid plans |
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117 | Local plans after pension commencement |
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Division 3 — Division of Other Benefits |
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118 | Annuities |
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119 | Supplemental pension plans |
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120 | Compensation for lost supplemental benefits |
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121 | Benefits for specified individuals |
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122 | Disability benefits |
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123 | Extraprovincial plans |
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Division 4 — Death of Member or Limited Member |
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124 | Death of member or limited member |
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125 | Entitlement to preretirement survivor benefits |
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126 | Waiving pension or postretirement survivor benefits |
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Division 5 — Other Matters Respecting Pension Division |
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127 | Agreements respecting division |
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128 | Determining compensation |
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129 | Reapportioning benefits |
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130 | Clarifying division of benefits |
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131 | Changing division of benefits in unusual circumstances |
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132 | Retroactive division of benefits |
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Division 6 — Administrative Matters |
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133 | Information from plan |
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134 | Agreement or order required for division of benefits |
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135 | Information required by plan |
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136 | Notice or waiver |
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137 | Implementing division of benefits |
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138 | Adjustment of member's pension |
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139 | Transfer of commuted value of separate pension or share |
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140 | Administrative costs |
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141 | Income tax |
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142 | Claim does not relieve duty to administer benefits |
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143 | Administrator's duties |
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144 | Trust of survivor and pension benefits |
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145 | No further entitlement after division of benefits |
| Part 7 — Child and Spousal Support |
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Division 1 — Definitions |
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146 | Definitions |
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Division 2 — Child Support |
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147 | Duty to provide support for child |
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148 | Agreements respecting child support |
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149 | Orders respecting child support |
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150 | Determining child support |
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151 | If parentage at issue |
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152 | Changing, suspending or terminating orders respecting child support |
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Division 3 — Child Support Service |
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153 | Definitions |
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154 | Establishment of child support service |
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155 | Recalculation of child support |
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156 | Correction of recalculation |
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157 | Changing, suspending or terminating recalculated amounts |
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158 | Information to be given to child support service |
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159 | Notices |
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Division 4 — Spousal Support |
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160 | Duty to provide support for entitled spouse |
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161 | Objectives of spousal support |
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162 | Determining spousal support |
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163 | Agreements respecting spousal support |
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164 | Setting aside agreements respecting spousal support |
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165 | Orders respecting spousal support |
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166 | Misconduct of spouse |
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167 | Changing, suspending or terminating orders respecting spousal support |
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168 | Review of spousal support |
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169 | Review of spousal support if pension benefits |
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Division 5 — General |
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170 | Matters that may be provided for in support orders |
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171 | Support obligations after death |
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172 | Separate support amounts required |
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173 | Priority of child support |
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174 | Reducing or cancelling arrears |
| Part 8 — Children's Property |
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175 | Definitions |
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176 | Guardian not automatically entitled to receive property |
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177 | Delivery of any property to trustee |
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178 | Delivery of small property |
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179 | Appointment of trustee by Supreme Court |
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180 | Subsequent applications respecting trustee |
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181 | When child's property must be delivered to child |
| Part 9 — Protection from Family Violence |
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182 | Definitions |
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183 | Orders respecting protection |
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184 | Whether to make protection order |
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185 | If child a family member |
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186 | Orders without notice |
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187 | Changing or terminating orders respecting protection |
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188 | Enforcing orders respecting protection |
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189 | Conflict between orders |
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190 | Rights not affected by Act |
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191 | Extraprovincial orders |
| Part 10 — Court Processes |
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Division 1 — Jurisdiction of Court Generally |
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192 | Supreme Court jurisdiction |
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193 | Provincial Court jurisdiction |
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194 | Overlapping court jurisdiction |
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195 | Provincial Court enforcement of Supreme Court orders |
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196 | Certain actions must not be maintained |
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Division 2 — Procedural Matters |
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197 | Complying with duties respecting family dispute resolution |
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198 | Time limits |
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199 | Conduct of proceeding |
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200 | Applications may be heard in party's absence |
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201 | Legal capacity of children |
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202 | Court may decide how child's evidence is received |
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203 | Children's lawyer |
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204 | Intervention by Attorney General or other person |
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205 | Spouse compellable as witness |
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206 | Exclusion of the public or from publication |
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207 | Information accompanying orders |
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Division 3 — Standing in Aboriginal Matters |
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208 | Guardianship of Nisg̱a'a child |
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209 | Guardianship of treaty first nation child |
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210 | Property proceeding involving treaty lands |
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Division 4 — General Orders the Court May Make |
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211 | Orders respecting reports |
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212 | Orders respecting disclosure |
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213 | Enforcing orders respecting disclosure |
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214 | Orders respecting agreements |
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215 | Changing, suspending or terminating orders generally |
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216 | Court may make interim orders |
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217 | Interim orders before changing, suspending or terminating orders |
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218 | Terms and conditions of orders |
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219 | Persons may consent to order being made |
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220 | Court may make order on behalf of child |
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221 | Misuse of court process |
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Division 5 — Orders Respecting Conduct |
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222 | Purposes for which orders respecting conduct may be made |
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223 | Orders respecting case management |
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224 | Orders respecting dispute resolution, counselling and programs |
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225 | Orders restricting communications |
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226 | Orders respecting residence |
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227 | Other orders respecting conduct |
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228 | Enforcing orders respecting conduct |
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Division 6 — Enforcement Generally |
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229 | Service need not be proved |
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230 | Enforcing orders generally |
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231 | Extraordinary remedies |
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232 | Offence Act application |
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Division 7 — Appeals |
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233 | Appeals from Provincial Court orders |
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234 | Order under appeal remains in effect |
| Part 11 — Search Officers |
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235 | Definitions |
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236 | Search officers |
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237 | Searchable information |
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238 | Requesting and disclosing searchable information |
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239 | Requesting searchable information |
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240 | Disclosing searchable information |
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241 | Information-sharing agreements |
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242 | Orders respecting searchable information |
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243 | Restrictions on disclosure of information |
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244 | Offences |
| Part 12 — Regulations |
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245 | Regulations respecting family dispute resolution |
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246 | Regulations respecting pension division |
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247 | Regulations respecting child support |
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248 | General regulation-making powers |
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249 | Other regulation-making powers |
| Part 13 — Transitional Provisions |
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250 | Definition |
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251 | Transition — care of and time with children |
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252 | Transition — proceeding respecting property division |
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253 | Transition — pension benefits |
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254 | Transition — changing, suspending or terminating orders |
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255 | Transition — restraining orders |
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256 | Transition — regulations |
| Part 14 — Repeals, Related Amendment and Consequential Amendments |
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257-259 | Repeals |
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260 | Related Amendment |
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261-481 | Consequential Amendments |
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482 | Commencement |
| Schedule |