The Divorce Act Changes Explained

Duties – Court

Definition of civil protection order
(Section 7.8(3), Divorce Act)

New section

Definition of civil protection order

(3) In this section, civil protection order means a civil order that is made to protect a person’s safety, including an order that prohibits a person from

(a) being in physical proximity to a specified person or following a specified person from place to place;

(b) contacting or communicating with a specified person, either directly or indirectly;

(c) attending at or being within a certain distance of a specified place or location;

(d) engaging in harassing or threatening conduct directed at a specified person;

(e) occupying a family home or a residence; or

(f) engaging in family violence.
Old section


What is the change

The amendment defines “civil protection order” and describes the associated types of prohibitions.

Reason for the change

Orders that aim to protect the safety of intimate partners and other family members have different names in different jurisdictions. The definition includes a non-exhaustive list of examples of a wide range of behaviours that one person might use to harass, intimidate, threaten or control another. The definition aligns with the protections contained in legislation in provinces and territories across Canada.


March 1, 2021.