Below are provisions in several provincial laws that  speak to some form of legal responsibility of adult children to their parents.


 

BRITISH COLUMBIA

Family Relations Act [RSBC 1996] CHAPTER 128

Part 7 — Maintenance and Support Obligations

Obligation to support parent

s. 90 (1) In this section:

"child" means an adult child of a parent;

"parent" means a father or mother dependent on a child because of age, illness, infirmity or economic circumstances.

(2) A child is liable to maintain and support a parent having regard to the other responsibilities and liabilities and the reasonable needs of the child.

Application for an order

s. 91 (1) A person may apply for an order under this Part on his or her own behalf.

(2) The Attorney General may designate in writing those persons who may make applications for orders under this Part on behalf of a spouse.

(2.1) A designated agency, as defined in the Adult Guardianship Act, may apply for an order under this Part on behalf of a parent described in section 90 of this Act after an investigation is conducted under Part 3 of that Act.

(2.2) A representative may apply for an order under this Part on behalf of a parent described in section 90 of this Act, if the representative is authorized under the Representation Agreement Act to make decisions about the routine management of the parent's financial affairs.

(3) Any person may apply for an order under this Part on behalf of a child.

(4) A spouse or parent affected by an order under this Part or a person described in subsection (1), (2) or (3) may apply for an order altering, varying or rescinding the order or cancelling or reducing arrears under it.

(5) If the right to apply for an order under this Part is assigned to a minister under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, the minister to whom the right is assigned may apply for the order in the name of the government or the name of the person who made the assignment.

Failing to comply with rules respecting disclosure of information

s. 92 (1) If a person fails to comply with rules respecting disclosure information in proceedings under this Act that are made under the authority of the Court Rules Act, the court may order an amount not exceeding $5 000 for the benefit of the spouse, parent or child on whose behalf the request was made.

(2) The award under subsection (1) is additional to and not in place of any other remedy.

Order for support and maintenance

s. 93 (1) (b) under section 89 or 90, as the case may be, by paying to the person designated in the order the amount the court considers reasonable. ...

s. 93 (5) An order under this section may also provide for one or more of the following:

(a) payment periodically, annually or otherwise, and either for an indefinite or limited period or until the happening of a specified event;

(b) payment of a lump sum directly or in trust on terms provided;

(c) charging of property with payment under the order;

(d) payment of support in respect of any period before the order is made;

s. 93 (6) If an order under this section benefits more than one person, the court must specify the amount payable, as the case may be, for a spouse, a parent or the children.

 

NEW BRUNSWICK

Preamble

WHEREAS the family exists as the basic unit of society, and its well-being is inseparable from the common well-being; and ...

WHEREAS it is recognized that elderly, disabled and dependent persons are entitled to protection and can benefit from social services which ensure the opportunity for personal development; and ...

WHEREAS it is recognized that social services are essential to prevent or alleviate the social and related economic problems of individuals and families; and

WHEREAS it is recognized that the rights of children, families and individuals must be guaranteed by the rule of law and that the Province’s intervention into the affairs of individuals and families so as to protect and affirm these rights must be governed by the rule of law:

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows: 1999, c.32, s.1. 1

 

s. 114 Every person who has attained the age of majority has an obligation to provide support, in accordance with need, for his or her parent who has cared for and provided support for that person, to the extent that the person is capable of doing so.

 

 


NOVA SCOTIA

Maintenance and Custody Act. R.S.N.S., c. 160.

An Act Respecting the Maintenance of Spouses, Common-law Partners and Dependants

Short title

1 This Act may be cited as the Maintenance and Custody Act. R.S., c. 160, s. 1; 2000, c. 29, s. 2.

Interpretation

2 In this Act,

(a) "application" means an application made in accordance with the rules of the Family Court;

(d) "dependent parent" means a parent who by reason of age, disease or infirmity is unable to provide himself with reasonable needs;

 

Maintenance for dependent parent

15 Upon the hearing of an application, a court may order a child who is of the age of majority to pay maintenance for his dependent parent.

Factors considered

16 When determining the amount of maintenance to be paid for a dependent parent the court shall consider

(a) the reasonable needs of the dependent parent;

(b) the ability of the dependent parent to contribute to his own maintenance; and

(c) the reasonable needs and ability to pay of the child obliged to pay maintenance. R.S., c. 160, s. 16.

Several obligation

17 An order may be made against a child of a dependent parent whether or not an order is in force in respect of any other child of the parent. R.S., c. 160, s. 17.

 

 

QUEBEC

Civil Code of Québec

TITLE FOUR

PARENTAL AUTHORITY

597. Every child, regardless of age, owes respect to his father and mother.

 

TITLE THREE

OBLIGATION OF SUPPORT

585. Married or civil union spouses, and relatives in the direct line in the first degree, owe each other support.

 

587. In awarding support, account is taken of the needs and means of the parties, their circumstances and, as the case may be, the time needed by the creditor of support to acquire sufficient autonomy.

 

592. If the debtor offers to take the creditor of support into his home, he may, if circumstances permit, be dispensed from paying all or part of the support.

 

593. The creditor may pursue a remedy against one of the debtors of support or against several of them simultaneously.

The court fixes the amount of support that each of the debtors sued or impleaded shall pay.

 

594. The judgment awarding support, whether it is indexed or not, may be reviewed by the court whenever warranted by circumstances.

However, a judgment awarding payment of a lump sum may be reviewed only if it has not been executed.