What is the current definition of in loco parentis under the Divorce Act?

The leading case dealing with the modern definition of what it means for a person to "stand in the place of a parent" under the Divorce Act is Chartier v. Chartier, 1999 CanLII 707 (SCC), [1999] 1 S.C.R. 242, [1998] S.C.J. No. 79. Writing for a unanimous court, Bastarache J. noted that the common-law definition of in loco parentis, focusing on voluntariness and intention, was not helpful in determining the scope of the words "in the place of a parent" in the Divorce Act. He adopted a "best interests of the child" approach, finding in that case that once a person is found to stand in the place of a [page218] parent, that relationship cannot be unilaterally withdrawn by the adult. The focus is on the needs of the child as of the date of the hearing or order, while the existence of the parental relationship under s. 2(2)(b) of the Divorce Act must be interpreted as of the time the family functioned as a unit.