Canada's Bill C-223, the Keeping Children Safe Act, passed second reading in the House of Commons on February 4, 2026, and has been referred to the Standing Committee on Justice and Human Rights. Sponsored by Liberal MP Lisa Hepfner (Hamilton Mountain), this private member's bill proposes sweeping amendments to the Divorce Act that would mandate family violence screening by legal advisers, allow children to participate directly in parenting proceedings, restrict reunification therapy orders, and overhaul evidence standards in parenting disputes across all Canadian provinces and territories.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Bill C-223, the Keeping Children Safe Act, passed second reading and was referred to committee |
| When | February 4, 2026 (second reading); introduced September 18, 2025 |
| Sponsor | MP Lisa Hepfner (Liberal, Hamilton Mountain) |
| Committee | Standing Committee on Justice and Human Rights |
| What it amends | The federal Divorce Act (family violence, parenting, relocation provisions) |
| Who is affected | All divorcing parents and children in every Canadian province and territory |
Bill C-223 Would Fundamentally Change How Canadian Courts Handle Family Violence in Divorce
Bill C-223 targets four major areas of the Divorce Act that family law practitioners and advocates have identified as gaps since the 2021 amendments took effect. The 2021 overhaul introduced coercive control as a recognized form of family violence and added a 16-factor best-interests analysis, but critics argued those reforms did not go far enough in practical application. Bill C-223 attempts to close remaining loopholes.
The first and arguably most significant change is a mandatory family violence screening obligation for legal advisers. Under the proposed amendments, every lawyer, mediator, or legal professional advising a client in a Divorce Act proceeding would be required to assess whether reasonable grounds exist to believe family violence has occurred or is at risk of occurring. When violence is identified, the legal adviser must implement appropriate safety plans and inform the client of available support services. This shifts the screening burden from courts to front-line legal professionals, a model already operating in Australia under the Family Law Act 1975 (Cth) since 2012.
The bill also proposes embedding family violence and coercive control more deeply into the best-interests analysis that governs all parenting decisions under Section 16 of the Divorce Act. Currently, family violence is one of many factors courts consider. Bill C-223 would elevate it by restricting courts from drawing negative inferences based on the absence of prior complaints, the timing of allegations, continued cohabitation after alleged violence, or the absence of visible physical injury. These four evidentiary restrictions address well-documented patterns where survivors face credibility challenges precisely because their experiences do not match outdated stereotypes about how victims of family violence behave.
How Ontario Family Law Would Be Affected by These Amendments
Ontario family courts handle approximately 30,000 to 40,000 new family law cases annually, according to data from the Ontario Court of Justice. Because the Divorce Act is federal legislation, Bill C-223's amendments would apply uniformly across Ontario regardless of whether a case proceeds through the Ontario Superior Court of Justice or the Ontario Court of Justice (Family Court branch).
For Ontario practitioners, the mandatory screening requirement would interact with existing obligations under the Family Law Rules, O. Reg. 114/99, which already require a Form 35.1 (Affidavit in Support of Claim for Custody or Access) disclosing family violence. Bill C-223 would add a layer of proactive assessment beyond the current self-reporting framework. The Law Society of Ontario's Rules of Professional Conduct already encourage lawyers to discuss safety concerns, but the bill would make screening mandatory rather than discretionary.
The children's participation provisions would allow Ontario courts to hear directly from children where it is in the child's best interests, with party agreement and appropriate safeguards. Ontario already has mechanisms for children's voices through the Office of the Children's Lawyer (OCL), which provides legal representation or a voice study in approximately 4,000 cases per year. Bill C-223 would create an additional pathway for direct participation beyond the OCL framework, though the specific procedural details remain subject to committee review.
The restriction on reunification therapy orders is particularly relevant in Ontario, where courts have occasionally ordered therapeutic reunification programs in cases involving parental alienation claims. Under Bill C-223, courts would be restricted from ordering reunification therapy in defined circumstances, particularly where family violence findings have been made. This aligns with growing clinical consensus, including the 2023 position statement from the Association of Family and Conciliation Courts (AFCC), that reunification programs require careful screening for family violence before implementation.
Three Changes That Would Reshape Parenting Disputes Across Canada
Beyond Ontario, Bill C-223 would affect parenting cases in all 13 provinces and territories. The bill proposes three structural changes to how parenting disputes are resolved under the Divorce Act:
- Removal of certain parenting time presumptions that currently influence how courts allocate time between parents, shifting the analysis to a purely best-interests framework without default starting points
- Modification of relocation factors and burdens of proof under Section 16.9 of the Divorce Act, which governs when a parent with primary parenting time can move with a child
- Restriction of reunification therapy orders in circumstances where family violence has been established, preventing courts from ordering children into therapeutic programs with an abusive parent
These changes reflect a broader trend in Canadian family law since the 2021 Divorce Act amendments. The 2021 reforms replaced the terminology of "custody" and "access" with "parenting orders," "parenting time," and "decision-making responsibility" across all federal family proceedings. Bill C-223 builds on that foundation by addressing implementation gaps practitioners have identified over the past five years.
Practical Takeaways for Ontario Families
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Bill C-223 has not yet become law. It passed second reading on February 4, 2026, and is now before the Standing Committee on Justice and Human Rights. Committee review, report stage, third reading, and Senate consideration must all occur before royal assent. Private member's bills historically face a completion rate below 10% in the Canadian Parliament, though advancing past second reading significantly improves those odds.
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If you are currently involved in an Ontario parenting dispute where family violence is a factor, the existing 2021 Divorce Act provisions already recognize coercive control and include family violence in the best-interests analysis under Section 16(3)(j). You do not need to wait for Bill C-223 to raise these issues.
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Parents who have been asked to participate in reunification therapy should discuss the current legal framework with their lawyer. Even without Bill C-223, Ontario courts retain discretion to decline reunification orders where safety concerns exist.
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Legal professionals across Ontario should begin preparing for potential mandatory screening requirements. Developing intake protocols that systematically assess family violence risk will position firms to comply quickly if the bill passes.
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The committee stage is open to public input. Individuals and organizations with relevant expertise can submit briefs to the Standing Committee on Justice and Human Rights through the House of Commons committee website.
Frequently Asked Questions About Bill C-223
What is Bill C-223 and when was it introduced in Parliament?
Bill C-223, the Keeping Children Safe Act, is a private member's bill introduced by Liberal MP Lisa Hepfner on September 18, 2025. It passed second reading on February 4, 2026, and is currently before the Standing Committee on Justice and Human Rights. The bill proposes amendments to the federal Divorce Act covering family violence screening, children's participation, reunification therapy, and evidence standards.
Does Bill C-223 apply to Ontario provincial family law cases?
Bill C-223 amends the federal Divorce Act, which applies only to divorcing spouses across all Canadian provinces. Ontario provincial family law cases proceeding under the Children's Law Reform Act, R.S.O. 1990, c. C.12 (for unmarried parents) would not be directly affected, though Ontario courts often look to Divorce Act standards for guidance. Approximately 60% of Ontario parenting cases involve married couples proceeding under the Divorce Act.
What does mandatory family violence screening mean for my lawyer?
Under Bill C-223, every legal adviser in a Divorce Act proceeding would be required to assess whether reasonable grounds exist to believe family violence has occurred or is at risk. This goes beyond Ontario's current Form 35.1 self-reporting requirement by placing an active screening obligation on lawyers, mediators, and other legal professionals. Safety planning and referrals to support services would become mandatory when violence is identified.
Would Bill C-223 ban reunification therapy in Ontario?
Bill C-223 would restrict, not ban, reunification therapy orders in defined circumstances, particularly where family violence findings have been made. Ontario courts currently have discretion to order or decline therapeutic reunification programs. The bill would limit that discretion by creating categories of cases where such orders are presumptively inappropriate, aligning with the 2023 AFCC position statement on reunification program safety screening.
How likely is Bill C-223 to become law?
Private member's bills in the Canadian Parliament have a historical completion rate below 10%, but Bill C-223 has already cleared a significant hurdle by passing second reading on February 4, 2026. Committee review, report stage, third reading in the House, and full Senate consideration remain before royal assent. The bill's progress will depend on committee amendments, parliamentary scheduling, and whether a federal election is called before completion.
For Ontario families navigating parenting disputes, connect with a qualified family law attorney in your county who can advise on how both current law and potential amendments may affect your case.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.