Children's Law Act

(1) Subject to subsections (1.1) and (2), for all purposes a person is the child of his or her natural parents and his or her status as their child is independent of whether he or she is born within or outside of marriage.

(1.1) A child born as a result of assisted reproduction is the child of the birth mother and a person who is a parent under section 8.1.

(2) Where an adoption order has been made under the Adoption Act or any predecessor Act, the child is the child of the adoptive parents as if they were the natural parents.

(3) The parent and child relationships as determined under subsections (1), (1.1) and (2) shall be followed in the determination of other kindred relationships flowing from the parent and child relationship.

(4) Any distinction at common law between the status of a child born in marriage and born out of marriage is abolished and the relationship of parent and child and kindred relationships flowing from that relationship shall be determined in accordance with this section. SNWT 1998,c.17,s.6(2); SNWT 2011, c.34,s.113(3),(4),(5).

(1) For the purpose of construing an instrument or enactment, unless the contrary intention appears, a reference to a person or group or class of persons described in terms of relationship by blood or marriage to another person shall be construed to refer to and include a person who comes within the description by reason of the relationship of parent and child as determined under section 2.

(2) Subsection (1) applies to an enactment made before, on or after June 17, 1987 and an instrument made on or after June 17, 1987, but it does not affect a disposition of property made before June 17, 1987.

(3) For the purpose of construing an instrument or enactment, a reference to a person or group or class of persons described in terms of relationship by blood or marriage to another person must not be construed to refer to and does not include the following persons:

SNWT 2011,c.34,s.113(6).

(1) Any interested person may apply to a court for a declaratory order that a female person is the mother of a child.

(2) Where the court finds on the balance of probabilities that a female person is the mother of a child, the court may make a declaratory order to that effect.

(1) Any interested person may apply to a court for a declaratory order that a male person is or is not recognized in law to be the father of a child.

(2) Where the court finds on the balance of probabilities that a male person is or is not the father of a child, the court may make a declaratory order to that effect.

(3) Where the court finds that a presumption of paternity exists under section 8, unless it is established on the balance of probabilities that the presumed father is not the father of the child, the court shall make a declaratory order confirming that the paternity is recognized in law.

(4) A court may not make a declaratory order under subsection (2) unless both the persons whose relationship is sought to be established are living at the time the application was made.

(1) Any interested person may apply to a court for a declaratory order that a person is or is not recognized in law under section 8.1 to be a parent of a child born as a result of assisted reproduction.

(2) Where the court finds on the balance of probabilities that a person is or is not a parent under section 8.1, the court may make a declaratory order to that effect.

(3) A person who donates human reproductive material or an embryo for use in assisted reproduction is not, by reason only of the donation, a parent of a child born as a result and may not, by reason only of the donation, be declared under this section to be a parent of the child.

(4) Subsection (3) does not apply in respect of a person who provides his or her own human reproductive material or an embryo created with his or her own human reproductive material for use in assisted reproduction for his or her own reproductive use. SNWT 2011,c.34,s.113(7).

(1) Where a declaration has been made under section 4, 5 or 5.1 and evidence becomes available that was not available at the previous hearing, a court may, on application, discharge or vary the order and make such other orders or directions as are ancillary to the order.

(2) Where an order is discharged or varied under subsection (1),

SNWT 2011,c.34,s.113(9).

(1) Unless the contrary is proven on the balance of probabilities, a person is presumed to be, and is recognized in law to be, the father of a child where

(2) For the purposes of subsection (1),

(3) Where circumstances exist that give rise to a presumption of paternity by more than one father under subsection (1),

(4) Subsection (1) does not apply in respect of a child born as a result of assisted reproduction. SNWT 2011,c.34,s.113(10),(11); SNWT 2016, c.8,s.3.

(1) A person is presumed to be and is recognized in law to be a parent of a child born as a result of assisted reproduction, if he or she

(2) Unless the contrary is proven on a balance of probabilities, a person is presumed to have consented to be a parent of a child born as a result of assisted reproduction if, at the time of conception, the person was married to the birth mother or was cohabiting with the birth mother in a relationship of some permanence.

(3) Notwithstanding subsections (1) and (2), a person who was married to a birth mother or cohabiting in a relationship of some permanence with a birth mother at the time of the conception of a child born as a result of assisted reproduction, is not presumed to be or recognized in law to be a parent of that child if the birth mother, at the time of conception, intended to relinquish the child to

SNWT 2011,c.34,s.113(12).

(1) On the application of a party in a civil proceeding in which a court is called on to determine the parentage of a child, the court may give the party leave

(2) Leave under subsection (1) may be given subject to such terms and conditions as the court considers proper.

(3) The court shall require one or more parties to pay the cost of the tests and, where more than one party is ordered to pay, specify in the order the proportions or amounts of the costs that each party must pay.

(4) No order under subsection (1) authorizes the taking of a blood or other biological sample and conducting of a test on the sample without the consent of the person in respect of whom the test is to be obtained.

(4.1) Where a person named in an order under paragraph (1)(a) is

unless the contrary is proven on the balance of probabilities, the person shall be presumed to be capable of giving consent for the purposes of this section.

(5) Where a person named in an order under paragraph (1)(a) is not capable of giving consent because of age or other incapacity, a person having lawful custody of the person named in the order may consent on his or her behalf.

(6) Where leave is given under subsection (1) and a person named in the order granting leave refuses to submit to the test, the court may draw such inferences as it considers appropriate.

(1) In this section, "extra-territorial declaratory order" means an order made by a court outside the Northwest Territories that is similar to a declaratory order provided for in section 4, 5, 5.1 or 7.

(2) An extra-territorial declaratory order made in Canada must be recognized and has the same effect as if made in the Northwest Territories.

(3) Notwithstanding subsection (2), a court may decline to recognize an extra-territorial order made in Canada and may make a declaratory order under this Act, if

SNWT 2011,c.34,s.113(13).

(1) Any person may file in the office of the Registrar General a declaration, in the prescribed form, that he or she is a parent of a child.

(2) The Registrar General is not required to amend the register of births in relation to a declaration filed under subsection (1). SNWT 2011,c.34, s.113(14).

(1) A person may inspect and obtain from the Registrar General a certified copy of a declaration filed under subsection 12(1),

(2) A certificate certifying a copy of a document to be a true copy, obtained under subsection (1), purporting to be signed by the Registrar General or Deputy Registrar General or on which the signature of either is lithographed, printed or stamped is admissible in evidence without proof of the office or signature of the Registrar General or Deputy Registrar General and, in the absence of evidence to the contrary, is proof of the filing and contents of the document for all purposes in any action or proceeding. SNWT 2011, c.34,s.113(15).

(1) Where a court makes a finding of parentage under section 4, 5, 5.1 or 7, the clerk of the court shall transmit a copy of the declaratory order to the Registrar General.

(2) On receipt under subsection (1) of a declaratory order, the Registrar General shall, in accordance with subsection 36(2) of the Vital Statistics Act and the order, amend the register of births. SNWT 2011,c.34,s.113(16),(17).

(1) In this Part,

"extra-territorial order" means an order, or that part of an order, of an extra-territorial tribunal that grants to a person custody of or access to a child; (ordonnance extraterritoriale)

"extra-territorial tribunal" means a court or tribunal outside the Northwest Territories that has jurisdiction to grant to a person custody of or access to a child; (tribunal extraterritorial)

"parental or separation agreement" means a parental agreement or separation agreement, both defined in section 2 of the Family Law Act, and includes an agreement or contract in the nature of such a parental agreement or separation agreement that is deemed to be a domestic contract under section 13 of that Act. (accord parental ou de séparation)

(2) In this Part, a reference to a child is a reference to the child while a minor. SNWT 2016,c.8,s.4.

(1) The merits of an application under this Division in respect of custody of or access to a child shall be determined in accordance with the best interests of the child, with a recognition that differing cultural values and practices must be respected in that determination.

(2) In determining the best interests of a child for the purposes of an application under this Division in respect of custody of or access to a child, the court shall consider all the needs and circumstances of the child including

(3) In determining the best interests of a child for the purposes of an application under this Division in respect of custody of or access to a child, the court shall also consider any evidence that a person seeking custody or access has at any time committed an act of violence against his or her spouse, former spouse, child, child’s parent or any other member of the person’s household or family and any effect that such conduct had, is having or may have on the child.

(4) Subject to subsection (3), a person’s past conduct may be considered in an application under this Part in respect of custody of or access to a child only where the court is satisfied that it is relevant to the person’s ability to act as a parent.

(5) The economic circumstances of a person seeking custody or access are not relevant to the person’s ability to act as a parent.

Entitlement, Appointment and Application for Order

(1) Except as otherwise provided in this Division, the father and the mother of a child are equally entitled to custody.

(2) A person entitled to custody of a child has the rights and responsibilities of a parent in respect of the person of the child.

(3) Without limiting the generality of subsection (2), a person entitled to custody of a child may act for and on behalf of the child, unless the person’s authority is otherwise limited by the law of the Northwest Territories or court order.

(4) Where more than one person is entitled to custody of a child, any one of them may exercise the rights and accept the responsibilities of a parent on behalf of them in respect of the child.

(5) The right of a parent to exercise the entitlement of custody of a child and the incidents of custody, but not the entitlement to access to the child, is suspended until a parental or separation agreement or a court order otherwise provides where

(6) The entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child.

(7) The entitlement to custody of or access to a child terminates on the marriage of the child.

(8) Any entitlement to custody or incidents of custody or to access under this section is subject to alteration by a court order or by a parental or separation agreement. SNWT 2016,c.8,s.4,5.

(1) A person entitled to custody of a child may, in writing, appoint one or more persons to have any of the appointor’s rights or responsibilities of custody in relation to the child.

(2) An appointment under this section may be made effective

(3) An appointment of a person under this section is not effective while the person is a minor.

(4) No appointment under this section is effective without the consent or ratification of the person appointed.

(5) A person who has made an appointment under this section may revoke it

(6) An appointment under this section does not prevent an application for or the making of an order under this Division in respect of custody and access.

(7) For greater certainty, an appointment made under this section by will is revoked if the will is revoked. SNWT 2016,c.8,s.6.

(1) A parent of a child or any other person may apply to a court for an order respecting custody of or access to the child or determining any aspect of the incidents of custody of the child.

(2) A person other than a parent may not make an application under subsection (1) for an order respecting custody of a child or determining any aspect of the incidents of custody of the child without leave of the court.

(3) On an application under subsection (1), the court may

(1) Where an order made in respect of access to a child provides for a person’s access to the child without specifying times or days, a party to the order may apply to the court that made it to vary it by specifying times or days.

(2) On an application under subsection (1), the court may vary the order by specifying the times or days agreed to by the parties or, where the parties do not agree, the times or days the court considers appropriate.

(3) Where a parental or separation agreement provides for a person’s access to a child without specifying times or days and the parties to the agreement cannot agree on the times or days, a party to the agreement may apply to a court to fix times or days for access.

(4) On an application under subsection (3), the court may fix such times or days as it considers appropriate. SNWT 2016,c.8,s.7.

(1) A court shall not make an order under this Division that varies an order in respect of custody or access made by a court in the Northwest Territories unless there has been a material change in circumstances that affects or is likely to affect the best interests of the child.

(2) Subsection (1) does not apply in respect of an application made under section 21. SNWT 2016, c.8,s.4.

(1) A court shall only exercise its jurisdiction to make an order for custody of or access to a child where

(2) A child is habitually resident in the place where he or she last resided with

(3) The removal or withholding of a child without the consent of the person having custody of the child does not alter the habitual residence of the child unless there has been acquiescence or undue delay in commencing process for the return of the child by the person from whom the child is removed or withheld. SNWT 2016,c.8,s.4.

(1) The court before which an application is brought in respect of custody of or access to a child may, by order,

(2) An order may be made under subsection (1) on or before the hearing of the application in respect of custody of or access to the child and with or without a request by a party to the application.

(3) The court shall appoint a person under subsection (1) who is agreed on by the parties, but if the parties do not agree, the court shall choose and appoint a person it considers appropriate.

(4) The court may not appoint a person under subsection (1) unless the person has consented to make the assessment and to report to the court within the period of time specified by the court.

(5) Where a person ordered under this section to attend for assessment refuses to attend or to undergo the assessment, the court may draw such inferences from the refusal in respect of the ability and willingness of any person to satisfy the needs of the child as the court considers appropriate.

(6) The person appointed under subsection (1) shall not make any recommendation as to whom custody or access should be granted.

(7) The person appointed under subsection (1) shall file his or her report with the clerk of the court.

(8) On the filing of a report, the clerk of the court shall give a copy of it to each party and to the child’s solicitor, if any.

(8.1) The clerk of the court shall keep every report filed under subsection (7) in a sealed packet or shall otherwise ensure that it is not available or made available to anyone other than the parties, the child’s solicitor, if any, or the court for inspection, review or copying, unless otherwise ordered by the court.

(9) The report filed under subsection (7) is admissible in evidence in the application.

(10) The person appointed under subsection (1) shall attend as a witness at the hearing of the application, unless the parties and the child’s solicitor, if any, otherwise agree.

(11) On application, the court may, by order, give such directions in respect of the assessment as the court considers appropriate.

(12) The court shall

(13) The appointment of a person under subsection (1) does not prevent the parties or the child’s solicitor from submitting other expert evidence as to the needs of the child and the ability and willingness of the parties or any of them to satisfy the needs of the child. SNWT 2012,c.18,s.4(5).

(1) A person in whose favour an order has been made for access to a child at specific times or on specific days, and who claims that a person in whose favour an order has been made for custody of the child has wrongfully denied him or her access to the child, may make an application for relief under subsection (2) to the court that made the access order.

(2) Where the court is satisfied that the party against whom the application is brought wrongfully denied the applicant access to the child, the court may make such order as it considers appropriate, including any one or more of the following orders:

(3) A person in whose favour an order has been made for custody of a child, and who claims that a person in whose favour an order has been made for access to the child has, without reasonable notice and excuse, failed to exercise access or to return the child as the order requires, may make an application for relief under subsection (4) to the court that made the access order.

(4) Where the court is satisfied that the party against whom the application is brought, without reasonable notice and excuse, failed to exercise access or to return the child as the order required, the court may make such order as it considers appropriate, including any one or more of the following orders:

(5) This section does not apply in respect of orders made under the Divorce Act (Canada) or a predecessor of that Act.

(6) This section does not apply in respect of a denial of access or a failure to exercise access or to return a child that took place before November 1, 1998. SNWT 2016,c.8,s.9.

Application Where Child Unlawfully Held or to Prevent Unlawful Removal of Child

(1) Where a court is satisfied on application by a person in whose favour an order has been made for custody of a child that there are reasonable grounds for believing that any person is unlawfully withholding the child from the applicant, the court may, by order, authorize the applicant or someone on his or her behalf to apprehend the child for the purpose of giving effect to the rights of the applicant to custody.

(2) On application, a court may, by order, direct a police force having jurisdiction in any area in the Northwest Territories where it appears to the court the child may be to locate, apprehend and deliver a child to the person named in the order, where the court is satisfied that there are reasonable grounds for believing that

(3) An order may be made under subsection (2) on an ex parte application where the court is satisfied that it is necessary that the order should be made without delay.

(4) The police force directed to act by an order under subsection (2) shall do all things that can reasonably be done to locate, apprehend and deliver the child in accordance with the order.

(5) For the purpose of locating and apprehending a child in accordance with an order under subsection (2), a member of the police force may, with such assistance and such force as is reasonable, enter and search any place where he or she has reasonable grounds for believing that the child may be.

(6) An entry or a search referred to in subsection (5) may only be made between 6 a.m. and 9 p.m. unless the court, by order, authorizes entry and search at another time.

(7) The court shall include in an order made under subsection (2) a date on which the order expires, which date may not be later than six months after the order is made unless the court is satisfied that a longer period of time is necessary in the circumstances.

(8) An application under subsection (1) or (2) may be made in an application for custody or access or in a separate application. SNWT 2016,c.8,s.4,10.

(1) Where, on application, a court is satisfied on reasonable grounds that a person who is prohibited by court order from removing a child from the Northwest Territories, or who has, in a parental or separation agreement, agreed that he or she will not remove a child from the Territories, proposes to remove the child from the Territories, the court, in order to prevent the removal, may make an order requiring a person to do any one or more of the acts listed in subsection (3).

(2) Where, on application, a court is satisfied on reasonable grounds that a person entitled to access to a child proposes to remove the child from the Northwest Territories and is not likely to return the child to the Territories, the court, in order to prevent the removal or to secure the prompt, safe return of the child to the Territories, may make an order requiring a person to do any one or more of the acts listed in subsection (3).

(3) In an order made under subsection (1) or (2), the court may require a person to do any one or more of the following:

(4) The Territorial Court may not make an order under paragraph (3)(a) or under paragraph (3)(b) where the order was made by a superior court.

(5) In an order under paragraph (3)(a), the Supreme Court may specify such terms and conditions for the return or disposition of the property as the Supreme Court considers appropriate.

(6) In an order made under subsection (1) or (2), the court may give such directions in respect of the safekeeping of the property, payments, passports or travel documents as it considers appropriate.

(7) The court or the individual or body specified by a court in an order under paragraph (3)(d) shall hold a passport or travel document delivered pursuant to the order in safekeeping in accordance with any directions set out in the order. SNWT 2016,c.8,s.11.

(1) Where, on application brought by notice of motion, it appears to a court that, for the purpose of bringing an application under this Part in respect of custody or access or for the purpose of the enforcement of an order for custody or access, the proposed applicant or person in whose favour the order is made needs to determine or confirm the whereabouts of the proposed respondent or person against whom the order is made, the court may order any person or public body in the Northwest Territories to provide the court with any information shown on a record in the possession or control of the person or public body that indicates the place of employment, address or location of the proposed respondent or person against whom the order is made.

(1.1) Subsection (1) does not apply in respect of

(1.2) Where a court makes an order under subsection (1), it may make any order with respect to the confidentiality to be maintained in connection with the information provided pursuant to that order that it considers appropriate.

(2) A person or public body ordered to provide information to the court under subsection (1) shall do so without delay, and the court may then give the information to such person or persons as the court considers appropriate.

(3) A court shall not make an order on an application under subsection (1) where it appears to the court that the purpose of the application is to enable the applicant to identify or to obtain particulars as to the identity of a person who has custody of a child, rather than to determine or confirm the whereabouts of the proposed respondent or for the enforcement of an order for custody or access.

(4) The giving of information in accordance with an order under subsection (1) is deemed for all purposes not to be a contravention of any Act or regulation or any common law rule of confidentiality.

(5) This section binds the Government of the Northwest Territories. SNWT 2016,c.8,s.4,12.

(1) On application by any person in whose favour an order for the custody of or access to a child has been made by an extra-territorial tribunal, the court shall recognize the order unless the court is satisfied

(2) An order made by an extra-territorial tribunal that is recognized by a court is deemed to be an order of the court and enforceable as such.

(3) Where a court is presented with conflicting orders made by extra-territorial tribunals for the custody of or access to a child that, but for the conflict, would be recognized and enforced by the court under subsection (1), the court shall recognize and enforce the order that appears to the court to be in the best interests of the child.

(4) A court that has recognized an extra-territorial order may make such further orders under this Division as the court considers necessary to give effect to the order. SNWT 2016,c.8,s.4,13.

(1) On application, a court may make an order that supersedes an extra-territorial order in respect of custody of or access to a child if the court is satisfied that there has been a material change in circumstances that affects or is likely to affect the best interests of the child, and

(2) A court may decline to exercise its jurisdiction under this section where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside the Northwest Territories.

(3) An application may not be made under this section to the Territorial Court for an order that would supersede an extra-territorial order of a superior court in Canada or of an extra-territorial tribunal outside Canada. SNWT 2016,c.8,s.4,14.

(1) On application, a court may make an order that supersedes an extra-territorial order in respect of custody of or access to a child where the court is satisfied that the child would, on the balance of probabilities, suffer serious harm if

(2) An application may not be made under this section to the Territorial Court for an order that would supersede an extra-territorial order of a superior court in Canada or of an extra-territorial tribunal outside Canada. SNWT 2016,c.8,s.4.

(1) Any person may apply to the Supreme Court for an order dispensing with the consent of a parent to medical treatment of a minor that is required by law if the consent is refused or is otherwise not obtainable.

(2) The Supreme Court shall hear an application made under subsection (1) in a summary manner and may proceed ex parte or otherwise and, where it is satisfied that the withholding of the medical treatment would endanger the life or seriously impair the health of the minor, may by order dispense with the consent of the parent to the medical treatment as is specified in the order.

(3) The Supreme Court may, in an application under subsection (1), hear representation by or on behalf of the minor where it is practical to do so.

(4) Where by this section the consent of the parent of a minor to the medical treatment of the minor is dispensed with, the medical treatment does not constitute a trespass to or an assault of the person of the minor merely by reason that the consent of the parent was not obtained.

(5) In this section "parent" includes any person other than a parent who is entitled to give consent to medical treatment of a minor. SNWT 2016,c.8,s.15.

(1) Any person, including a child, may apply to the Supreme Court for an order respecting guardianship for the child.

(2) A guardian for a child has charge of and is responsible for the care and management of the child’s estate and, as guardian, shall act in the best interests of the child.

(1) As between themselves and subject to any court order or any parental or separation agreement between them, the parents of a child are equally entitled to be appointed by a court as guardians for the child.

(2) A court may appoint more than one guardian for a child.

(3) Where there is more than one guardian appointed for a child,

(4) Paragraph (3)(b) does not apply where an order of the Supreme Court provides otherwise.

(5) No proceedings lie against a guardian in respect of an act of another guardian taken without his or her knowledge, acquiescence or consent.

(1) In an application under subsection 40(1), the Supreme Court may

(2) In deciding an application for the appointment of a guardian for a child, the Supreme Court shall consider all the relevant circumstances, including

(1) A guardian for a child may appoint by will one or more persons to be guardians for the child after the death of the appointer.

(2) An unmarried parent who is a minor may make an appointment referred to in subsection (1) by written instrument signed by the parent.

(3) An appointment under subsection (1) or (2) is effective only

(4) Where two or more persons are appointed to be guardians for a child by appointors who die as referred to in paragraph (3)(b), only the appointments of the persons appointed by both or all the appointors are effective.

(5) No appointment under subsection (1) or (2) is effective without the consent or ratification of the person appointed.

(6) An appointment under subsection (1) or (2) for guardianship for a child expires 90 days after the appointment becomes effective or, where the appointee applies under this Division for guardianship for the child within that 90-day period, when the application is disposed of.

(7) An appointment under this section does not apply to prevent an application for the making of an order under section 40.

(8) This section applies in respect of any will

SNWT 2016,c.8,s.16.

(1) A guardian for a child may be removed by the Supreme Court for the same reasons for which a trustee may be removed.

(2) A guardian for a child may, with the permission of the Supreme Court, resign as guardian on such terms as the Supreme Court considers appropriate.

(1) If a guardian has not been appointed for a child, a person who is obligated to pay money or to deliver personal property to the child may, in any year, pay not more than $4,000 or deliver personal property having a value not exceeding $4,000, to

and that payment or delivery discharges the obligation to the extent of the amount paid or the value of the personal property delivered.

(2) A parent or other person who has lawful custody of a child who receives and holds money or personal property under subsection (1), has the responsibility of a guardian for the care and management of the money or personal property.

(3) This section does not apply in respect of

SNWT 2015,c.24,s.1(2).

(1) On application, the Supreme Court may require or approve

(2) An order may only be made under subsection (1) if the Supreme Court is of the opinion that the disposition, encumbrance, sale or payment is necessary or proper for the support or education of the child or will substantially benefit the child.

(3) An order under subsection (1) may be made subject to such conditions as the Supreme Court considers appropriate.

(4) An application under subsection (1) shall be made in the name of the child by the next friend or guardian for the child but shall not be made without the consent of the child if the child has attained 12 years of age unless the Supreme Court otherwise directs or allows.

(5) The Supreme Court may not require or approve a disposition or encumbrance of the interest of a child in land contrary to a term of the instrument by which the child acquired the interest.

(6) The Supreme Court, where it makes an order under subsection (1), may order that the child or another person named in the order execute any documents necessary to carry out the disposition, encumbrance, sale or payment.

(7) The Supreme Court may give such directions and make such other orders, including vesting orders, as it considers necessary and proper for the carrying out of an order made under subsection (1).

(8) A document executed in accordance with an order made under this section is as effectual as if, at the time the document was executed, the child by whom it was executed had attained 19 years of age or, if executed by another person in accordance with the order, as if the child had executed it and had attained 19 years of age.

(9) The money arising from the disposition or encumbrance of an interest of a child referred to in paragraph (1)(a) or (b) and the money referred to in paragraph (1)(c) shall be paid out, applied and disposed of in the manner that the Supreme Court directs.

(10) No person incurs or is deemed to incur liability by making a payment in accordance with an order made under subsection (1). SNWT 2016, c.8,s.18.

(1) Where

the guardian, parent or next friend of the child or the person against whom the claim or action is made or brought may, on 10 days notice to the opposite party and to the Public Trustee, apply, by originating notice, to a judge of the Supreme Court sitting in chambers for an order confirming the settlement.

(2) On an application under subsection (1), the judge of the Supreme Court shall confirm the settlement where it appears to the judge that the settlement is in the best interests of the child.

(3) Where a settlement is confirmed under subsection (2), the person against whom the claim is made or action brought is discharged from all further claims arising out of or in respect of the injury to the child.

(4) On an application under subsection (1), the judge of the Supreme Court may order that the money from the settlement be paid to the guardian where one has been appointed or to the Public Trustee under the Public Trustee Act.

(1) Where a child is the owner of land that is subject to a lease and the lease contains a covenant not to assign, sublet or transfer without leave, the guardian of the child may, with the approval of a judge of the Supreme Court, consent to any assignment, sublease or transfer of the leasehold interest, in the same manner and with the same effect as if the consent were given by a lessor under no such disability.

(2) In subsection (1), "land" and "owner" have the meanings assigned to them in section 1 of the Land Titles Act.

(1) For the purposes of construing any instrument or enactment, a reference to a guardian with respect to the person of a child shall be construed to refer to custody of the child and a reference to a guardian with respect to the estate of a child shall be construed to refer to guardianship for a child.

(2) Subsection (1) applies to any instrument or enactment made before, on or after November 1, 1998. SNWT 2016,c.8,s.19.

(1) Where a person is entitled to recover against a minor in respect of the provision of necessities for the minor, a parent who has an obligation to support the minor is liable for the provision of those necessities jointly and severally with the minor.

(2) Where persons are jointly and severally liable under this section, their liability to each other shall be determined in accordance with their obligation to provide support. SNWT 2019,c.21,s.2(2).

SNWT 2016,c.8,s.22.

(1) A court may, on application, order a parent to provide support for his or her child and determine the amount and duration of such support.

(2) An application for an order under subsection (1) may be made by

(3) Where an application is made under subsection (1), the court may, on application by any party, make an interim order requiring a parent to provide support for his or her child in an amount determined by the court.

(4) A court making an order under subsection (1) or an interim order under subsection (3) shall do so in accordance with the applicable guidelines.

(5) In an application under this section the respondent may add as a third party another person who may have an obligation to provide support for the child.

(1) Notwithstanding subsection 59(4), a court may award an amount of support for a child that is different from the amount that would be determined in accordance with the applicable guidelines where the court is satisfied that

(2) Where the court awards, under subsection (1), an amount that is different from the amount that would be determined in accordance with the applicable guidelines, the court shall provide written reasons for its decision.

(3) Notwithstanding subsection 59(4), on the consent of the parties in an application under section 59, the court may award an amount for the support of a child that is different from the amount that would be determined in accordance with the applicable guidelines if it is satisfied, having regard to the applicable guidelines, that reasonable arrangements have been made for the support of the child.

(4) In determining under subsection (3) whether reasonable arrangements have been made for the support of a child, the court shall not consider the arrangements to be unreasonable solely because the amount of support agreed to is not the same as the amount that would otherwise have been determined in accordance with the applicable guidelines.

(1) In an application under section 59, the court may, in accordance with any guidelines that may be made under subsection 85(1) or (2), make an order

(2) The Territorial Court may not make an order under paragraph (1)(b), (c), (h), (i), (j) or (k).

(3) An order for support may be assigned to the Minister responsible for the Social Assistance Act where assistance is or will be provided for the child’s support under that Act.

(1) The following persons may apply to the court that made an order in respect of a child under this Part for variation of the order:

(2) Where the court is satisfied that evidence not available on the previous hearing has become available or that a change in circumstances as provided for in the applicable guidelines has occurred since the making of an order of support or the disposition of another application for variation in respect of the same order, the court may

(3) A court making an order under subsection (2) shall do so in accordance with the applicable guidelines.

(4) No application for variation may be made within six months after the making of the order for support or the disposition of another application for variation in respect of the same order, except by leave of the court.

(1) Notwithstanding subsection 61(3), a court making an order under subsection 61(2) may award an amount of support for a child that is different from the amount that would be determined in accordance with the applicable guidelines, if the court is satisfied that

(2) Where the court awards, under subsection (1), an amount that is different from the amount that would be determined in accordance with the applicable guidelines, the court shall provide written reasons for its decision.

(3) Notwithstanding subsection 61(3), on the consent of the parties to an application under section 61, the court may award an amount for the support of a child that is different from the amount that would be determined in accordance with the applicable guidelines if it is satisfied, having regard to the applicable guidelines, that reasonable arrangements have been made for the support of the child.

(4) In determining under subsection (3) whether reasonable arrangements have been made for the support of a child, the court shall not consider the arrangements to be unreasonable solely because the amount of support agreed to is not the same as the amount that would otherwise have been determined in accordance with the applicable guidelines. SNWT 2016,c.8,s.23.

(1) In this section, "spousal support order" means an order referred to in section 16 or 23 of the Family Law Act.

(2) A court shall give priority to support for a child where it considers the following applications at the same time:

(3) Where, as a result of giving priority to support for the child, a spousal support order is not made or the amount of a spousal support order is less than it otherwise would have been,

(1) In an application under section 59 or 61, the court may order the employer of a party to the application to make a written return to the court showing the party’s wages or other remuneration during the preceding 12 months.

(2) A return purporting to be signed by an employer is admissible in evidence without proof of the signature of the employer and, in the absence of evidence to the contrary, is proof of its contents.

(3) Where, on application brought by notice of motion, it appears to a court that, for the purpose of bringing an application under section 59 or 61, the proposed applicant needs to determine or confirm the whereabouts of the proposed respondent, the court may order any person or public body in the Northwest Territories to provide the court with any information shown on a record in the possession or control of the person or public body that indicates the proposed respondent’s place of employment, address or location.

(3.1) Subsection (3) does not apply in respect of

(3.2) Where a court makes an order under subsection (3), it may make any order with respect to the confidentiality to be maintained in connection with the information provided pursuant to that order that it considers appropriate.

(4) A person or public body ordered to make a written return or to provide information to the court under this section shall do so without delay, and the court may then give the return or information to such person or persons as the court considers appropriate.

(5) The making of a written return or the giving of information in accordance with an order under this section is deemed for all purposes not to be a contravention of any Act or regulation or any common law rule of confidentiality.

(6) This section binds the Government of the Northwest Territories. SNWT 2016,c.8,s.4,25.

(1) The Recalculation Service is established for the purpose of reviewing and recalculating the amount of child support payable under registered child support orders and child support agreements.

(2) The Minister of Justice may, on behalf of the Government of the Northwest Territories and with the approval of the Commissioner in Executive Council, enter into an agreement with the Minister of Justice for Canada authorizing the Recalculation Service to recalculate the amount of child support payable under child support orders made under the Divorce Act (Canada).

(3) A recalculation may be performed in respect of the amount of child support payable under a child support order made under the Divorce Act (Canada) only if an agreement referred to in subsection (2) is in force at the time of the recalculation.

(4) The procedure set out in this Division and the regulations in respect of the recalculation of the amount of child support payable under child support orders made under the Divorce Act (Canada) is subject to the terms of any agreement entered into under subsection (2).

(5) The Minister shall designate Recalculation Service officers from the public service as he or she considers necessary.

(6) The duties of officers include

SNWT 2019,c.21,s.2(3).

(1) A party may, in accordance with this section SNWT 2019,c.21,s.2(3).

and the regulations, apply to the Recalculation Service to register a child support order or child support agreement for annual review and recalculation of the amount of child support payable under the order or agreement.

(2) An application submitted in respect of a child support order or child support agreement that is of a class prescribed as not being eligible for recalculation must not be registered, and must be returned to the applicant with an explanation of the reasons for the ineligibility.

(3) If information about an applicant’s income is necessary for the purpose of recalculating the amount of child support payable under the child support order or child support agreement, an officer shall, in accordance with the regulations, request that the applicant provide to the officer

(4) An applicant who receives a request for income information under subsection (3) shall provide that information to the officer in accordance with the regulations.

(5) If an officer has requested income information from an applicant under subsection (3), the application must not be accepted for registration until that information has been received. SNWT 2019, c.21,s.2(3).

(1) On accepting a complete application for registration, an officer shall, in accordance with the regulations,

(2) A party who receives a request for income information under paragraph (1)(c) shall provide that information to the officer in accordance with the regulations. SNWT 2019,c.21,s.2(3).

(1) If an application for registration is accepted SNWT 2019,c.21,s.2(3).

by the Recalculation Service, an officer shall, in accordance with the regulations, conduct an annual review of the amount of child support payable under the child support order or child support agreement for the purpose of determining if a recalculation is necessary.

(2) Subject to section 69.5 and the regulations, on determining that a recalculation is necessary under subsection (1), an officer shall recalculate the amount of child support payable under the child support order or child support agreement.

(3) An officer shall perform a recalculation under subsection (2) in accordance with the criteria established in the regulations.

(4) A child support order or child support agreement may be withdrawn from the Recalculation Service in accordance with the regulations.

(5) The withdrawal of a child support order or child support agreement from the Recalculation Service does not effect the validity of a previously issued recalculation decision. SNWT 2019,c.21,s.2(3).

(1) An officer shall not recalculate the amount of child support payable under a child support order or child support agreement if

(2) An officer may decline to recalculate the amount of child support payable under a child support order or child support agreement if he or she concludes that

(3) An officer shall decline to recalculate a child support amount payable under a child support order or child support agreement if the amount is to cover all or any portion of expenses that are of a class prescribed as not being eligible for recalculation. SNWT 2019,c.21,s.2(3).

(1) A party whose income information is necessary for the purpose of recalculating the amount of child support payable under a child support order or child support agreement shall provide updated income information to the Recalculation Service in accordance with the regulations.

(2) The requirement to provide income information under subsection (1) does not affect

(3) A party shall provide current contact information to the Recalculation Service in accordance with the regulations. SNWT 2019,c.21,s.2(3).

(1) This section applies if

(2) Subject to subsection (3), the Recalculation Service shall, in accordance with the regulations, deem income information of a party referred to in subsection (1).

(3) In the case of a child support order made under the Divorce Act (Canada), income information of a party referred to in subsection (1) must be determined in accordance with the regulations. SNWT 2019,c.21,s.2(3).

(1) Subject to the regulations, on making a SNWT 2019,c.21,s.2(3).

recalculation an officer shall issue a recalculation decision.

(2) A recalculation decision must

(3) On the effective date of the recalculated amount under paragraph (2)(c), the recalculated amount is deemed to be the amount of child support payable under the child support order or child support agreement.

(4) An officer may, subject to the regulations, correct a recalculation decision on his or her own initiative or when notified by a party of

(5) The Recalculation Service shall deliver a copy of a recalculation decision to each party in accordance with the regulations. SNWT 2019,c.21,s.2(3).

(1) In this section, "court application" means an SNWT 2019,c.21,s.2(3).

application referred to in subsection (2) that is made to a court of competent jurisdiction in objection to a recalculation decision.

(2) A party who does not agree with a recalculation decision may, in accordance with the regulations, object

(3) A party who makes a court application shall give notice of the application to the Recalculation Service in accordance with the regulations.

(4) If the requirements of subsections (2) and (3) have been met,

(5) On the determination of a court application the court shall

(6) If a court application is dismissed by the court or is withdrawn, the recalculation decision that has been objected to and the operation of subsection 69.8(3) in respect of that decision are resumed, and the recalculated amount is due in accordance with paragraph 69.8(2)(c), as if the application had not been made.

(7) If the court makes a child support order on the determination of a court application, the order is deemed to be registered with the Recalculation Service as if a complete application for registration had been made under section 69.2 and accepted by the Service, unless

(8) This section and sections 69.4 to 69.8 apply, with the necessary modifications, in respect of a child support order that is deemed to be registered under subsection (7). SNWT 2019,c.21,s.2(3).

(1) A person’s right of access under Part 1 of SNWT 2019,c.21,s.2(3).

the Access to Information and Protection of Privacy Act to records in the custody or under the control of the Recalculation Service does not extend to personal information of another person contained in those records.

(2) Subsection (1) applies notwithstanding subsection 5(1) of the Access to Information and Protection of Privacy Act. SNWT 2019,c.21,s.2(3).

(1) A provision of a domestic contract in respect of a matter that is dealt with in this Act may be incorporated in an order made under this Act.

(2) A domestic contract dealing with a matter that is also dealt with in this Act prevails if the contract so provides, unless this Act or Part I of the Family Law Act provides otherwise.

(3) In the determination of a matter respecting the support, education, moral training or custody of a child, access to a child or guardianship for a child, the court may disregard any provision of a domestic contract pertaining to the matter where, in the opinion of the court, to do so is in the best interests of the child.

(4) A court may, on application, set aside a provision in a domestic contract respecting a child

(5) Subsection (4) applies notwithstanding any agreement to the contrary.

(1) On an application for custody of, access to or support for a child under this Act, the court may appoint a person selected by the parties to mediate any matter that the court specifies.

(2) The court may only appoint a person who

(3) The mediator shall confer with the parties, and with the children if the mediator considers it appropriate to do so, and shall endeavour to obtain an agreement between the parties.

(4) Before entering into mediation, the parties shall decide whether the mediator is to file

(5) The mediator shall file with the clerk of the court a full or limited report, as the parties have decided, and shall give a copy to each of the parties.

(5.1) On the filing of a report, the clerk of the court shall put it in a sealed packet or shall otherwise ensure that it is not available or made available to anyone other than the parties or the court for inspection, review or copying, unless otherwise ordered by the court.

(6) Where the parties have decided that the mediator is to file a limited report, no evidence of anything said or of any admission or communication made in the course of the mediation is admissible in any proceeding, except with the consent of all parties to the proceeding in which the mediator was appointed.

(7) The court shall require the parties to pay the mediator’s fees and expenses and shall specify in the order the proportions or amounts of the fees and expenses that each party is required to pay. SNWT 2016,c.8,s.28.

(1) On application, a court may

(2) The Territorial Court may only make an order under subsection (1) if an application has been made to the Territorial Court for custody of or access to or for support for a child.

(3) Every person who contravenes a restraining order made under subsection (1) is guilty of an offence and is liable on summary conviction,

(4) A peace officer may arrest without warrant a person the peace officer believes on reasonable grounds to have contravened a restraining order. SNWT 2016,c.8,s.29.

(1) In addition to its powers in respect of contempt, the Territorial Court may punish a person for any wilful contempt of or resistance to its process or orders under this Act by imposing on the person a fine not exceeding $5,000, a term of imprisonment not exceeding 90 days or both.

(2) An order for imprisonment under subsection (1) may be made conditional on default in the performance of a condition set out in the order and may provide for the imprisonment to be served intermittently.

(1) An order made under this Act that affects real property in respect of which a certificate of title has been issued is registrable under the Land Titles Act.

(2) Where an order made under this Act affects personal property as defined in the Personal Property Security Act, a financing statement disclosing the contents of the order may be registered in the Personal Property Registry established by that Act. SNWT 1999,c.5,Sch.C,s.13.

(1) An application under this Act shall be commenced by originating notice.

(2) An application under this Act may be made in the same proceeding as an application under the Family Law Act or in a separate proceeding.

(3) The following must be included as parties to an application under Part III:

(4) Notwithstanding subsection 4(3) of the Public Trustee Act, a minor who is a parent may make an application under this Act without a next friend and may respond without a guardian ad litem.

(5) Notice of an application under Division B of Part III must be served on the Public Trustee. SNWT 1998,c.17,s.6(4),(5).

(1) Where an application has been made to a court under this Act, a party to the application may not make another application under this Act in respect of a matter in issue in the proceeding to another court having jurisdiction under this Act.

(2) Subsection (1) does not apply in respect of

(3) A court may order that a proceeding be transferred to another court having jurisdiction under this Act where, in the opinion of the court, the other court is more appropriate to determine the matters in issue that should be determined at the same time.

(4) Where a party to an application made under this Act to the Territorial Court advises the Territorial Court that he or she wishes to apply for an order referred to in subsection 39(1) or paragraph 60(1)(b), (c), (h), (i), (j) or (k), the Territorial Court shall order that the proceeding be transferred to the Supreme Court.

(1) Subject to subsection (3), where an action for divorce is commenced under the Divorce Act (Canada), any application under this Act in respect of custody of or access to a child that has not been adjudicated is stayed.

(2) Subject to subsections (3) and (4), where an action for divorce is commenced under the Divorce Act, any application for support under this Act in respect of a child that has not been adjudicated is stayed.

(3) The Supreme Court may grant leave for the application under this Act referred to in subsection (1) or (2) to be continued separately from the action for divorce.

(4) Where an order of support has been made under Part IV before the commencement of an action for a divorce under the Divorce Act (Canada), the Supreme Court may determine the amount of arrears owing under the order and make an order respecting that amount at the same time it makes an order under the Divorce Act.

(5) Where a marriage is terminated by divorce or judgment of nullity and the question of custody, access or support is not adjudicated in the divorce or nullity proceedings, an order in respect of custody or access or an order for support, as the case may be, made under this Act continues in force according to its terms. SNWT 2016,c.8,s.31.

(1) On the consent of the parties in an application under this Act, the court may make any order that it is otherwise empowered to make by this Act even though the conditions for making the order have not been met, subject to the duty of the court to have regard to the best interests of the child.

(2) Subsection (1) does not apply to an application under section 59 or 61.

(1) In a proceeding under this Act, other than an application under section 59, the court may make such interim order as it considers appropriate.

(2) An application for an interim order shall be made to the court in which the original proceeding was commenced.

(1) In considering an application under Part III, a court shall, where possible, take into consideration the views and preferences of the child to the extent that the child is able to express them.

(2) The court may interview the child to determine the views and preferences of the child.

(3) The interview must be recorded.

(4) The child is entitled to be advised by and to have his or her counsel, if any, present during the interview. SNWT 2016,c.8,s.32.

(1) The Commissioner, on the recommendation of the Minister, may establish guidelines respecting the making of orders of support under Part IV, including but not limited to guidelines

(2) Where the applicable guidelines are the Federal Child Support Guidelines, the Commissioner, on the recommendation of the Minister, may make guidelines respecting the making of orders of support under Part IV, including, but without limiting the generality of this power to make guidelines, any matters set out in paragraphs (1)(a) to (k), that vary or delete any provision or part of a provision of the Federal Child Support Guidelines or add to the Federal Child Support Guidelines.

(3) The guidelines referred to in subsection (1) or made under subsection (2) must be based on the principle set out in section 58.

(4) The guidelines referred to in subsection (1) or made under subsection (2) are deemed to be regulations for the purposes of the Statutory Instruments Act. SNWT 1998,c.17,s.6(6); SNWT 2016,c.8,s.34; SNWT 2019,c.21,s.2(5).