22.1 (1) On application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless
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- (a) the child concerned is not habitually resident in the country other than Canada in which the competent authority is located or that competent authority of that other country would not have had jurisdiction if it applied substantially equivalent rules related to the jurisdiction as those that are set out in section 6.3;
- (b) the decision was made, except in an urgent case, without the child having been provided with the opportunity to be heard, in violation of fundamental principles of procedure of the province;
- (c) a person claims that the decision negatively affects the exercise of their parenting time or decision-making responsibility or contact under a contact order, and the decision was made, except in an urgent case, without the person having been given an opportunity to be heard;
- (d) recognition of the decision would be manifestly contrary to public policy, taking into consideration the best interests of the child; or
- (e) the decision is incompatible with a later decision that fulfils the requirements for recognition under this section.
Effect of recognition
(2) The court’s decision recognizing the competent authority’s decision is deemed to be an order made under section 17 and has legal effect throughout Canada.
Effect of non-recognition
(3) The court’s decision refusing to recognize the competent authority’s decision has legal effect throughout Canada.
AP Commentary: A court in a province with sufficient connection to the matter shall recognize a foreign order that varies a parenting or contact order except the exceptions outlined in s.22.1(1)(a) – (d) apply.