PARLIAMENT of CANADA

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-384

An Act to amend certain statutes to standardize the definition of ``child'' in conformity with the United Nations Convention on the Rights of the Child

Preamble

Whereas on November 20, 1989, the Convention on the Rights of the Child was adopted by the United Nations General Assembly;

Whereas the Convention was ratified by Canada on December 31, 1991;

Whereas the Convention proposes a definition of ``child'' that should be applied uniformly throughout the legislation of participating nations;

And Whereas the definitions of ``infant'', ``minor'' and ``adult'' should be consistent with the definition of ``child'';

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Children in Law Act.

1991, c. 46

BANK ACT

2. Section 93 of the Bank Act is amended by adding the following after subsection (4):

Definition of ``infant''

(5) In this section and section 94, ``infant'' means an individual who is less than eighteen years of age.

R.S., c. B-4

BILLS OF EXCHANGE ACT

3. Section 2 of the Bills of Exchange Act is amended by adding the following in alphabetical order:

``infant'' or ``minor''
« mineur »

``infant'' or ``minor'' means a person who is less than eighteen years of age;

R.S., c. C-44; 1994, c. 24, s. 1(F)

CANADA BUSINESS CORPORATIONS ACT

4. Subsection 2(1) of the Canada Business Corporations Act is amended by adding the following in alphabetical order:

``infant''
« mineur »

``infant'' means a person who is less than eighteen years of age;

``minority''
Version anglaise seulement

``minority'' means the state of a person who is less than eighteen years of age;

R.S., c. C-6

CANADA HEALTH ACT

5. Section 2 of the Canada Health Act is amended by adding the following in alphabetical order:

``adult''
« adulte »

``adult'' means a person who is eighteen years of age or older;

``child''
« enfant »

``child'' means a person who is less than eighteen years of age;

1996, c. 10

CANADA TRANSPORTATION ACT

6. Section 6 of the Canada Transportation Act is amended by adding the following in alphabetical order:

``adult''
« adulte »

``adult'' means a person who is eighteen years of age or more;

R.S., c. C-30

CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT

7. The Canada-United Kingdom Civil and Commercial Judgments Convention Act is amended by adding the following after section 2:

Definition of ``infant''

2.1 In this Act, in respect of any matter that originates in Canada or in respect of any matter for which Canadian law is determined to be the proper law, ``infant'' means a person who is less than eighteen years of age.

1992, c. 20

CORRECTIONS AND CONDITIONAL RELEASE ACT

8. Subsection 99(1) of the Corrections and Conditional Release Act is amended by adding the following in alphabetical order:

``child''
« enfant »

``child'' means a person who is less than eighteen years of age;

R.S., c. C-46

CRIMINAL CODE

9. (1) Section 43 of the Criminal Code is renumbered as subsection 43(1) and is amended by adding the following:

Definition of ``child''

(2) In subsection (1), ``child'' means a person who is less than eighteen years of age.

(2) The definition ``child'' in section 214 of the Act is replaced by the following:

``child''
« enfant »

``child'' means a person who is less than eighteen years of age and includes an adopted child and an illegitimate child;

R.S., c. 3 (2nd Supp.)

DIVORCE ACT

10. (1) The definition ``child of the marriage'' in subsection 2(1) of the Divorce Act is replaced by the following:

``child of the marriage'' « enfant à charge »

``child of the marriage'' means a child of two spouses or former spouses who, at the material time, is less than eighteen years of age ;

(2) Subsection 2(2) of the Act is amended by striking out the word ``and'' at the end of paragraph (a), by adding the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) any child who is eighteen years of age or more and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.

R.S., c. E-14

EXCISE ACT

11. Section 2 of the Excise Act is amended by adding the following in alphabetical order:

``adult''
« adulte »

``adult'' means a person who is eighteen years of age or more;

R.S., c. E-15

EXCISE TAX ACT

12. Schedule V to the Excise Tax Act is amended by adding the following after the heading ``SCHEDULE V/(Subsection 123(1))'':

INTERPRETATION

In this Schedule, unless a different definition is provided, ``child'' means a person who is less than eighteen years of age.

R.S., c. G-5

GOVERNMENT EMPLOYEES COMPENSATION ACT

13. Section 10 of the Government Employees Compensation Act is renumbered as subsection 10(1) and is amended by adding the following:

Interpreta-
tion

(2) In subsection (1), ``child'' means a person who is less than eighteen years of age.

R.S., c. H-3

HAZARDOUS PRODUCTS ACT

14. Section 2 of the Hazardous Products Act is amended by adding the following in alphabetical order:

``child''
« enfant »

``child'' means a person who is less than eighteen years of age;

R.S., c. I-15

INDIAN ACT

15. Subsection 2(1) of the Indian Act is amended by adding the following in alphabetical order:

``infant child''
« enfant mineur »

``infant child'' means a person who is less than eighteen years of age;

1991, c. 47

INSURANCE COMPANIES ACT

16. Subsection 2(1) of the Insurance Companies Act is amended by adding the following in alphabetical order:

``infant''
« mineur »

``infant'' means a person who is less than eighteen years of age;

R.S., c. I-21

INTERPRETATION ACT

17. Subsection 35(1) of the Interpretation Act is amended by adding the following in alphabetical order:

``child''
« enfant »

``child'' means a person who is less than eighteen years of age, unless

      (a) a different age is specifically pro vided,

      (b) the person's majority is governed by provincial law, or

      (c) the word is used in a context that means an individual in a relationship of son or daughter and not an individual who is not an adult;

R.S., c. P-8

PENSION FUND SOCIETIES ACT

18. Section 2 of the Pension Fund Societies Act is amended by adding the following in alphabetic order:

``minor child''
« enfant mineur »

``minor child'' means a person who is less than eighteen years of age.

R.S., c. P-21

PRIVACY ACT

19. Section 77 of the Privacy Act is amended by adding the following after subsection (1):

Definition of ``minor''

(1.1) In subsection (1), ``minor'' means a person who is less than eighteen years of age.

R.S., c. R-10

ROYAL CANADIAN MOUNTED POLICE ACT

20. Section 24.1 of the Royal Canadian Mounted Police Act is amended by adding the following after subsection (10):

Definition of ``child''

(10.1) In subsection (10), ``child'' means a person who is less than eighteen years of age.

R.S., c. S-9

CANADA SHIPPING ACT

21. Section 652 of the Canada Shipping Act is amended by adding the following after subsection (2):

Definition of ``infant''

(3) In subsection (2), ``infant'' means a person who is less than eighteen years of age.

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