In its Parentage Act Discussion Paper (PDF), the institute notes that “Nova Scotia is the only jurisdiction in Canada that lacks parentage legislation.” The discussion paper sets out a plan to address this situation by “discuss[ing] how Nova Scotia can and should respond to modern realities of parentage by re-evaluating the foundational assumptions of the common law.”

After a set of opening chapters that “situate this project in a historical, social and legal context,” the discussion paper makes a comprehensive series of proposals and questions for discussion, which address the following subjects:

• principles of reform;
• sperm, egg, and embryo donation;
• surrogacy;
• parentage via sexual relations;
• multiple-parent families;
• posthumous conception;
• general court declaratory powers;
• interjurisdictional matters;
• other issues—including language and statutory interpretation.

The institute is seeking public comment on its proposals and questions for discussion. The consultation period is open until 30 January 2023. Information on how to make a submission is set out in the discussion paper (PDF).

The post Nova Scotia consulting on reforms to parentage laws first appeared on British Columbia Law Institute.

As the discussion paper explains, the advent of the Family Law Act in 2013 introduced a new approach to property division. Since that time, “the courts of British Columbia have grappled with how to interpret the new provisions,” which has led to new issues emerging that could be addressed through amended legislation. 

While “the FLA made few changes to spousal support law, there are areas that may benefit from clarity.” The discussion paper highlights these areas. 

The discussion paper sets out 20 issues for discussion that seek to elicit experiences in applying the new act and views on reform. The issues addressed include the following areas: 

Division of property issues 

Identification and treatment of excluded property 

• application of tracing methods—should specific methods be spelled out in the act or should this be left to the courts to deal with case by case? 
• evidentiary presumptions—should the FLA expressly abolish or apply the presumption of advancement to transfers between spouses? 

Unequal division of family property 

• significant unfairness—are the factors spelled out in section 95 adequate? 
• significant unfairness—is section 95’s catch-all provision creating uncertainty and, if so, should it be repealed? 

Addressing unique types of property 

• trusts—clarifying when a property held in trust is valued 
• pets—does part 5 adequately address issues concerning pets or should it be reformed to address pets separately from family property? 

Summary of division of property 

• should the list in section 84 be revised to add new types of property (e.g., cryptocurrencies)? 
• is the list of excluded property in section 85 adequate? 

Spousal support issues 

Reviews and variations 

• should the FLA be amended to clarify the differences between variations and reviews? 

Retroactive spousal support 

• is the courts’ analysis of claims involving retroactive spousal support and retroactive child support becoming blurred? 
• is there an imbalance between retroactive spousal support claims by payors and recipients? 

Issues with specific spousal relationships 

Multiple separations and blended families 

• should the FLA be amended to address issues (concerning either division of property or spousal support) that are specifically related to multiple separations or blended families? 

Predatory relationships 

• should the FLA be amended to provide greater protections against predatory relationships? 

The deadline for comments is 9 September 2022. 

The post BC Ministry of Attorney General seeking comments on reform of property division and spousal support under the Family Law Act first appeared on British Columbia Law Institute.