New Children’s Law Act and Regulations

February 8, 2021

The Children’s Law Act, 2020 and The Children’s Law Regulations, 2021 will be coming into force on March 1, 2021.

The new Act addresses recommendations by the Law Reform Commission of Saskatchewan with respect to assisted reproduction and parentage. The Act updates the parentage provisions to address situations of assisted reproduction, surrogacy, and more than two parents. The Act also mirrors recent amendments to the Divorce Act, which includes a revision to the best interests of a child criteria to place a more pronounced focus on the negative impact of family violence, and provisions to deal with relocation of a parent and child. The changes also amend provisions regarding jurisdiction, and recognition and enforcement of orders.

The new regulations prescribe requirements for agreements under the Act, clarify the process for declarations of parentage in surrogacy situations, and prescribe a form for an Objection to a Proposed Relocation of the Child. The regulations also prescribe certain orders under The Victims of Interpersonal Violence Act, and The Child and Family Services Act as “protection orders” for access to information purposes.

The Regulations will be available in the February 12, 2021 Gazette.