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Bill C-281

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-281

An Act to amend the Divorce Act (child of the marriage)

R.S., cc. 3, 27 (2nd Supp.); 1990, c. 18; 1992, c. 51; 1993, cc. 8, 28; 1997, c. 1; 1998, cc. 15, 30; 1999, cc. 3, 31

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

1. Paragraph (b) of the definition of ``child of the marriage'' in section 2 of the Divorce Act is replaced by the following:

    (b) subject to subsection (1.1), has reached the age of majority and is 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;

2. Section 2 of the Act is amended by adding the following after subsection (1):

Exception

(1.1) A child who has reached the age of majority is not a child of the marriage within the meaning of subsection (1) by reason only of being enrolled in a program of studies at a post-secondary school level.