2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-22

An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Judges Act and to amend other Acts in consequence

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. 3 (2nd Supp.)

DIVORCE ACT

1. (1) The definitions ``custody'' and ``custody order'' in subsection 2(1) of the Divorce Act are repealed.

(2) The definition ``accès'' in subsection 2(1) of the French version of the Act is repealed.

1997, c. 1, s. 1(3)

(3) Paragraph (a) of the definition ``applicable guidelines'' in subsection 2(1) of the English version of the Act is replaced by the following:

      (a) if a province has been designated by an order made under subsection (5), the laws of that province that are specified in the order, if both spouses or former spouses are ordinarily resident in that province at the time when

        (i) an application is made for a child support order or for a variation order in respect of a child support order, or

        (ii) the amount of a child support order is to be recalculated pursuant to section 25.1, and

(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``contact order''
« ordonnance sur les contacts personnels »

``contact order'' means an order made under subsection 16.1(1);

``parenting order''
« ordonnance parentale »

``parenting order'' means an order made under subsection 16(1);

2. Subsection 3(3) of the Act is replaced by the following:

Jurisdiction if two proceedings commenced on same day

(3) If

    (a) divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and

    (b) neither proceeding is discontinued within forty days after the central registry of divorce proceedings referred to in paragraph 26(1)(a) has sent a notification to both spouses informing them of the situation described in paragraph (a),

the Federal Court - Trial Division has exclusive jurisdiction to hear and determine those proceedings, which shall be transferred to the Federal Court - Trial Division on its direction.

1993, c. 8, s. 1

3. Subsection 4(3) of the Act is replaced by the following:

Jurisdiction if two proceedings commenced on same day

(3) If

    (a) corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and

    (b) neither proceeding is discontinued within forty days after the central registry of divorce proceedings referred to in paragraph 26(1)(a) has sent a notification to both spouses informing them of the situation described in paragraph (a),

the Federal Court - Trial Division has exclusive jurisdiction to hear and determine those proceedings, which shall be transferred to the Federal Court - Trial Division on its direction.

4. (1) Paragraph 5(1)(a) of the Act is replaced by the following:

    (a) either former spouse is ordinarily resident in the province at the commencement of the proceeding, subject to section 19 ; or

(2) Subsection 5(3) of the Act is replaced by the following:

Jurisdiction if two proceedings commenced on same day

(3) If

    (a) variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and

    (b) neither proceeding is discontinued within forty days after the central registry of divorce proceedings referred to in paragraph 26(1)(a) has sent a notification to both spouses informing them of the situation described in paragraph (a),

the Federal Court - Trial Division has exclusive jurisdiction to hear and determine those proceedings, which shall be transferred to the Federal Court - Trial Division on its direction.

5. The Act is amended by adding the following after section 5:

Jurisdiction re certain variation orders

5.1 If there is no corollary relief proceeding or variation proceeding in progress, a court in a province has jurisdiction to hear and determine an application by a person other than a former spouse for a variation order in respect of a parenting order or contact order relating to a particular child of the marriage if the child is most substantially connected with that province.

6. Section 6 of the Act is replaced by the following:

Transfer of divorce proceeding where parenting order applied for

6. (1) If an application for an order under section 16 is made in a divorce proceeding to a court in a province and the court is satisfied that the child of the marriage in respect of whom the order is sought is most substantially connected with another province, the court shall, subject to subsection (3.1), transfer the divorce proceeding to a court in that other province.

Transfer of corollary relief proceeding where parenting order applied for

(2) If an application for an order under section 16 is made in a corollary relief proceeding to a court in a province and the court is satisfied that the child of the marriage in respect of whom the order is sought is most substantially connected with another province, the court shall, subject to subsection (3.1), transfer the corollary relief proceeding to a court in that other province.

Transfer of variation proceeding in respect of parenting order

(3) If an application for a variation order in respect of a parenting order is made in a variation proceeding to a court in a province and the court is satisfied that the child of the marriage in respect of whom the variation order is sought is most substantially connected with another province, the court shall, subject to subsection (3.1), transfer the variation proceeding to a court in that other province.

When proceeding not to be transferred

(3.1) A court in a province shall not transfer a proceeding to a court in another province if

    (a) both spouses or former spouses agree that the proceeding not be transferred; or

    (b) the court is satisfied that there is a grave risk that transferring the proceeding would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.

Exclusive jurisdiction

(4) Notwithstanding sections 3 to 5 and 18 to 19.2 , a court in a province to which a proceeding is transferred under this section has exclusive jurisdiction to hear and determine the proceeding.

7. Subsections 9(2) and (3) of the Act are replaced by the following:

Other duties of legal adviser

(2) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse or former spouse in an application for an order under this Act, whether or not that application is part of a divorce proceeding, to

    (a) discuss with the spouse or former spouse the advisability of negotiating the matters that may be the subject of that order, and inform the spouse or former spouse of the mediation services and other family justice services known to the barrister, solicitor, lawyer or advocate that might be able to assist the spouses or former spouses in negotiating those matters; and

    (b) discuss with the spouse or former spouse the obligation to comply with any order under this Act.

Certification

(3) Every document presented to a court by a barrister, solicitor, lawyer or advocate that formally commences a proceeding under this Act shall contain a statement by him or her certifying that he or she has complied with this section.

8. Subsection 11(4) of the Act is replaced by the following:

Definition of ``collusion''

(4) In this section, ``collusion'' means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement to the extent that it provides for separation between the parties, financial support, division of property or parenting arrangements in respect of any child of the marriage.

1997, c. 1, s. 2

9. Section 15 of the Act is replaced by the following:

``Spouse'' to include former spouse

15. In sections 15.1 to 16.2 , ``spouse'' has the meaning assigned by subsection 2(1), and includes a former spouse.

1997, c. 1, s. 3

10. Section 16 of the Act and the heading before it are replaced by the following:

Parenting Orders

Parenting order

16. (1) A court of competent jurisdiction may make an order relating to the exercise of parental responsibilities in respect of any child of the marriage, on application by

    (a) either or both spouses; or

    (b) a person, other than a spouse, who is a parent, stands in the place of a parent or intends to stand in the place of a parent.

Interim parenting order

(2) If an application is made under subsection (1), the court may, on application by a person described in that subsection, make an interim order pending the determination of the application under that subsection.

Application by person other than spouse

(3) A person described in paragraph (1)(b) may not make an application under subsection (1) or (2) unless he or she obtains leave of the court.

Definition of ``parenting time''

(4) For the purposes of this section and section 22.1, ``parenting time'' means the period that a child spends under the care of a spouse or other person, whether or not the child is physically with that spouse or other person during all of that period.

Components of parenting order

(5) The court may, in an order under this section, allocate to either spouse, to both spouses, to a person described in paragraph (1)(b), or to any combination of those individuals,

    (a) parenting time, by way of a schedule unless a schedule is unnecessary in the circumstances;

    (b) the responsibilities for making major decisions in respect of the child's health care, education and religious upbringing;

    (c) the responsibility for making decisions relating to a specific matter affecting the child; and

    (d) the responsibility for making decisions affecting the child other than those provided for under paragraph (b) or (c).

Other components of parenting order

(6) The court may, in an order under this section,

    (a) provide for a dispute resolution process for any or all future disputes regarding parenting arrangements, if the process has been agreed to by the persons who are to be bound by that process; and

    (b) provide for any other matter that the court considers appropriate.

Terms and conditions

(7) The court may make an order under this section for a definite or indefinite period or until a specified event occurs, and may impose terms, conditions or restrictions in connection with the order as it thinks fit and just.

Day-to-day decisions

(8) Unless the court orders otherwise, parenting time allocated under paragraph (5)(a) carries with it the exclusive responsibility for making, during that parenting time, day-to-day decisions affecting the child.

Definition of ``person with parental responsibilitie s''

(9) In subsections (10) and (11), ``person with parental responsibilities'' means an individual who has parenting time or a decision-making responsibility under subsection (5), who is bound by a dispute resolution process under paragraph (6)(a) or who has a responsibility under paragraph (6)(b).

Order respecting change of residence

(10) Without limiting the generality of subsection (7), the court may include in an order under this section a term requiring any person with parental responsibilities who intends to change his or her place of residence or that of the child to notify, at least sixty days before the change or within such other period before the change as the court may specify, any other person with parental responsibilities of the change, the time at which the change will be made and the new place of residence for him or her or the child, as the case may be.

Entitlement to information

(11) Unless the court orders otherwise, any person with parental responsibilities is entitled to make inquiries, and to be given information, as to the child's health care, education and religious upbringing.

Contact Orders

Contact order

16.1 (1) A court of competent jurisdiction may, on application by any person other than a spouse, make an order providing for contact between any child of the marriage and the applicant.

Interim contact order

(2) If an application is made under subsection (1), the court may, on application by any person other than a spouse, make an interim order pending the determination of the application under subsection (1).

Leave of the court

(3) A person may not make an application under subsection (1) or (2) unless he or she obtains leave of the court.

Factors in granting leave

(4) In determining whether to grant leave under subsection (3), the court shall consider all relevant factors, including

    (a) the significance of the relationship between the child and the applicant; and

    (b) the necessity of making an order to facilitate contact between the child and the applicant.

Content of contact order

(5) The court, in an order under this section, may provide for contact between the child and the applicant in the form of visits or in the form of oral or written communication or any other method of communication, and may provide for any related matter that the court considers appropriate.

Terms and conditions

(6) The court may make an order under this section for a definite or indefinite period or until a specified event occurs, and may impose terms, conditions or restrictions in connection with the order as it thinks fit and just.

Best Interests of the Child

Best interests of child

16.2 (1) In making an order under section 16 or 16.1 or paragraph 17(1)(b) or (c), the court shall take into consideration only the best interests of the child of the marriage.

Factors court to consider

(2) In determining what is in the best interests of the child, the court shall consider all the needs and circumstances of the child, including

    (a) the child's physical, emotional and psychological needs, including the child's need for stability, taking into account the child's age and stage of development;

    (b) the benefit to the child of developing and maintaining meaningful relationships with both spouses, and each spouse's willingness to support the development and maintenance of the child's relationship with the other spouse;

    (c) the history of care for the child;

    (d) any family violence, including its impact on

      (i) the safety of the child and other family members,

      (ii) the child's general well-being,

      (iii) the ability of the person who engaged in the family violence to care for and meet the needs of the child, and

      (iv) the appropriateness of making an order that would require the spouses to cooperate on issues affecting the child;

    (e) the child's cultural, linguistic, religious and spiritual upbringing and heritage, including aboriginal upbringing or heritage;

    (f) the child's views and preferences, to the extent that those can be reasonably ascertained;

    (g) any plans proposed for the child's care and upbringing;

    (h) the nature, strength and stability of the relationship between the child and each spouse;

    (i) the nature, strength and stability of the relationship between the child and each sibling, grandparent and any other significant person in the child's life;

    (j) the ability of each person in respect of whom the order would apply to care for and meet the needs of the child;

    (k) the ability of each person in respect of whom the order would apply to communicate and cooperate on issues affecting the child; and

    (l) any court order or criminal conviction that is relevant to the safety or well-being of the child.

Definition of ``family violence''

(3) In this section, ``family violence'' includes behaviour by a family member causing or attempting to cause physical harm to the child or another family member, or causing the child or another family member to reasonably fear for his or her safety or that of another person, but does not include acts of self-protection or protection of another person.

Burden of proof

(4) For greater certainty, for the purpose of paragraph (2)(d), family violence is established on a balance of probabilities.

11. (1) Subsections 17(1) and (2) of the Act are replaced by the following:

Order for variation, rescission or suspension

17. (1) A court of competent jurisdiction may make an order varying, rescinding or suspending, retroactively or prospectively,

    (a) a support order or any provision thereof, on application by either or both former spouses;

    (b) a parenting order or any provision thereof, on application by

      (i) either or both former spouses, or

      (ii) a person, other than a former spouse, who is a parent, stands in the place of a parent or intends to stand in the place of a parent; or

    (c) a contact order or any provision thereof, on application by any person.

Leave of the court

(2) A person other than a former spouse may not make an application under paragraph (1)(b) or (c) unless he or she obtains leave of the court.

(2) Subsection 17(5) of the Act is replaced by the following:

Factors for parenting order or contact order

(5) Before the court makes a variation order in respect of a parenting order or a contact order , the court shall satisfy itself that there has been a change in the needs or circumstances of the child of the marriage occurring since the making of the parenting order or contact order or the last variation order made in respect of that order, as the case may be, and, in making the variation order, the court shall take into consideration only the best interests of the child, as required by section 16.2 and as determined by reference to that change.

(3) Section 17 of the Act is amended by adding the following after subsection (6.5):

Priority to child support

(6.6) Section 15.3 applies, with such modifications as the circumstances require, when a court is considering an application under paragraph (1)(a) in respect of a child support order and an application under that paragraph in respect of a spousal support order.

(4) Subsection 17(9) of the Act is repealed.

1993, c. 8, ss. 2 to 4, c. 28, s. 78 (Sch. III, s. 43); 1997, c. 1, ss. 6 and 7

12. Sections 17.1 to 19 of the Act are replaced by the following:

Variation order by affidavit, etc.

17.1 If both former spouses are ordinarily resident in different provinces, a court of competent jurisdiction may, in accordance with any applicable rules of the court, make a variation order under subsection 17(1) on the basis of the submissions of the former spouses, whether presented orally before the court or by means of affidavits, or by any means of telecommunication permitted by the rules of that court .

Inter-provincial Proceedings to Vary, Rescind or Suspend Support Orders Without Notice

Definition of ``Attorney General''

18. (1) In this section and sections 19 to 19.2, ``Attorney General'', in respect of a province, means

    (a) for the Yukon Territory, the member of the Council of the Yukon Territory designated by the Commissioner of the Yukon Territory,

    (b) for the Northwest Territories, the member of the Council of the Northwest Territories designated by the Commissioner of the Northwest Territories,

    (c) for Nunavut, the member of the Executive Council of Nunavut designated by the Commissioner of Nunavut, and

    (d) for the other provinces, the Attorney General of the province,

and includes any person authorized in writing by the member or Attorney General to act for the member or Attorney General in the performance of a function under this section or sections 19 to 19.2.

Inter-provinci al proceedings to vary support orders

(2) Independently of paragraphs 5(1)(a) and 17(1)(a), if both former spouses are ordinarily resident in different provinces, a former spouse may, without notice to the other former spouse, commence an inter-provincial proceeding to vary, rescind or suspend, retroactively or prospectively, a support order or any provision thereof by submitting an application to the Attorney General of the province in which that former spouse is ordinarily resident.

Procedure

(3) The commencement and conduct of proceedings under subsection (2) shall be governed by this section and the regulations.

Forwarding of application to respondent's province

(4) On receiving an application, the Attorney General shall make reasonable efforts to ensure that it is complete and, once satisfied that it is complete, forward a copy of it as soon as practicable to the Attorney General of the province in which the applicant believes the respondent is ordinarily resident.

Forwarding of application to appropriate court

(5) The Attorney General who receives a copy of an application under subsection (4) shall forward it to the appropriate court in his or her province.

Application of certain provisions

(6) Subsections 17(3) to (4.1), (6) to (7) and (10) apply, with such modifications as the circumstances require, in respect of an order under subsection (7).

Order

(7) The court may make an order varying, rescinding or suspending, retroactively or prospectively, the support order or any provision thereof, on the basis of the submissions of the former spouses, whether presented orally before the court or by means of affidavits, or by any means of telecommunication permitted by the rules of that court.

If applicant resident outside Canada

(8) Independently of paragraphs 5(1)(a) and 17(1)(a), if one former spouse is ordinarily resident outside Canada and the other former spouse is resident in Canada, the former spouse who is ordinarily resident outside Canada may, without notice to the other former spouse, commence a proceeding under this section to vary, rescind or suspend, retroactively or prospectively, a support order or any provision thereof, by submitting an application to the Attorney General of the province in which the respondent is ordinarily resident.

Definition of ``assignee''

19. (1) In this section and sections 19.1 and 19.2, ``assignee'' means a minister, member or agency to whom a support order is assigned under subsection 20.1(1).

Respondent or assignee may request conversion to section 18 procedure

(2) If an application is made in a province for a variation order in respect of a support order and the respondent ordinarily resides in a different province, either the respondent or assignee may, within the time allowed for filing an answer to that application, request that the court convert the application to an application under section 18.

Court to act on request

(3) The court that receives a request under subsection (2) shall direct that the application, along with the evidence in support of the application, be treated as an application under section 18, and shall forward a copy of the application and the evidence to the Attorney General of the province.

Application of subsections 18(3) to (7)

(4) Once an application is received by the Attorney General under subsection (3), subsections 18(3) to (7) apply in respect of that application.

If respondent or assignee accepts court's jurisdiction

19.1 For greater certainty, if an application is made in a province for a variation order in respect of a support order and

    (a) the respondent ordinarily resides in a different province,

    (b) either the respondent or assignee files an answer to the application, and

    (c) neither the respondent nor assignee requests a conversion under subsection 19(2),

the variation proceeding continues in the applicant's province, in accordance with sections 17 and 17.1.

If neither respondent nor assignee responds

19.2 (1) If an application is made in a province for a variation order in respect of a support order, the respondent ordinarily resides in a different province, and neither the respondent nor assignee files an answer to the application or requests a conversion under subsection 19(2), the court shall

    (a) hear and determine the application in accordance with section 17 in the absence of the respondent, if it is satisfied that there is sufficient evidence to do so; or

    (b) if it is not so satisfied, direct that the application, along with the evidence in support of it, be treated as an application under section 18, and shall forward a copy of the application and the evidence to the Attorney General of the province.

Application of subsections 18(3) to (7)

(2) If paragraph (1)(b) applies, subsections 18(3) to (7) apply in respect of that application.

Assignment of support order

(3) Before the court may hear and determine an application under paragraph (1)(a), the court must satisfy itself

    (a) that the respondent did not assign the support order under subsection 20.1(1); or

    (b) if the respondent did so assign the support order, that the assignee received notice of the application and did not request a conversion under subsection 19(2).

13. The Act is amended by adding the following after section 19.2:

PART III.1

GENERAL

Monitoring and Research

Powers of Minister of Justice

78.1 (1) The Minister of Justice may

    (a) monitor the efficiency of enforcement policies, procedures and practices under this Act; and

    (b) conduct research for purposes related to the enforcement of orders and agreements under this Act.

Limitation

(2) Where information obtained under this Act is released for the purposes of carrying out the activities described in subsection (1), it may be released only to

    (a) an officer or employee of Her Majesty in right of Canada;

    (b) a person hired on a contractual basis by Her Majesty in right of Canada to assist in carrying out those activities; and

    (c) a provincial enforcement service within the meaning of section 2.

No Liability

No liability

78.2 No action lies against Her Majesty in right of Canada, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty in right of Canada for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the administration of this Act or the discharge of any obligation, power or duty under this Act.

41. Section 79 of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):

    (d) information that is necessarily incidental to the carrying out of the activities described in subsection 78.1(1).

R.S., c. G-2

GARNISHMENT, ATTACHMENT AND PENSION DIVERSION ACT

42. Section 2 of the Garnishment, Attachment and Pension Diversion Act is amended by adding the following in alphabetical order:

``provincial enforcement service''
« autorité provinciale »

``provincial enforcement service'' has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act;

43. (1) The definition ``garnishee summons'' in section 4 of the Act is replaced by the following:

``garnishee summons''
« bref de saisie-arrêt »

``garnishee summons'' includes any document or court order that is of a similar nature to a garnishee summons;

(2) The definition ``pay period'' in section 4 of the English version of the Act is replaced by the following:

``pay period''
« période de paye »

``pay period'' means, in respect of any particular person, the period commencing on the day following the day for which the person's salary cheque is normally dated and ending on the day for which the person's next salary cheque is normally dated;

44. Section 7 of the French version of the Act is replaced by the following:

Lieu de la signification

7. (1) Les documents relatifs à une saisie-arrêt prévue par la présente section doivent être signifiés à Sa Majesté au lieu indiqué dans les règlements.

Modes de signification

(2) En plus des modes de signification prévus par le droit d'une province, la signification de documents à Sa Majesté en vertu du paragraphe (1) peut se faire soit par courrier recommandé, à l'intérieur ou à l'extérieur de la province, soit de toute autre manière prescrite.

Signification par courrier recommandé

(3) La date de la signification de tout document effectuée à Sa Majesté par courrier recommandé est celle de sa réception.

45. (1) Subsection 11(3) of the French version of the Act is replaced by the following:

Effet du paiement

(3) Tout paiement effectué auprès du tribunal par Sa Majesté au titre du présent article libère celle-ci de ses obligations jusqu' à concurrence du montant du paiement .

(2) Section 11 of the Act is amended by adding the following after subsection (3):

Effect of payment to provincial enforcement service

(3.1) Where a payment to a provincial enforcement service is permitted under the provincial garnishment law of the province of a provincial enforcement service, a payment to the provincial enforcement service by Her Majesty is a good and sufficient discharge of liability, to the extent of the payment.

(3) Section 11 of the Act is amended by adding the following after subsection (4):

Payments to party that instituted proceedings

(5) Where moneys are paid to or for the benefit of a party that instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess becomes a debt due to Her Majesty by that party and may be recovered from the party by deduction or set-off against any moneys payable to or for the benefit of that party under this Division.

46. Section 15 of the Act is replaced by the following:

Canadian Forces

15. In respect of pay and allowances payable to members of the Canadian Forces, Her Majesty is bound by provincial garnishment law to the extent, in the manner, and subject to the terms and conditions that may be provided by or under regulations made pursuant to the National Defence Act.

47. (1) The definition ``garnishee summons'' in section 16 of the Act is replaced by the following:

``garnishee summons''
« bref de saisie-arrêt »

``garnishee summons'' includes any document or court order that is of a similar nature to a garnishee summons;

(2) The definition ``pay period'' in section 16 of the English version of the Act is replaced by the following:

``pay period''
« période de paye »

``pay period'' means, in respect of any particular person, the period commencing on the day following the day for which the person's salary cheque is normally dated and ending on the day for which the person's next salary cheque is normally dated;

48. Section 19 of the French version of the Act is replaced by the following:

Lieu de la signification

19. (1) Les documents relatifs à une saisie-arrêt prévue par la présente section doivent être signifiés au Sénat, à la Chambre des communes ou à la bibliothèque du Parlement au lieu indiqué dans les règlements.

Modes de signification

(2) En plus des modes de signification prévus par le droit d'une province, la signification de documents au Sénat, à la Chambre des communes ou à la bibliothèque du Parlement prévue au paragraphe (1) peut se faire soit par courrier recommandé, à l'intérieur ou à l'extérieur de la province, soit de toute autre manière prescrite.

Signification par courrier recommandé

(3) La date de la signification de tout document effectuée au Sénat, à la Chambre des communes ou à la bibliothèque du Parlement par courrier recommandé est celle de sa réception.

49. (1) Subsection 23(3) of the French version of the Act is replaced by the following:

Effet du paiement auprès du tribunal

(3) Le Sénat, la Chambre des communes ou la bibliothèque du Parlement, sur paiement d'une somme auprès du tribunal, se libère de ses obligations jusqu' à concurrence de la somme versée .

(2) Section 23 of the Act is amended by adding the following after subsection (3):

Effect of payment to provincial enforcement service

(3.1) Where a payment to a provincial enforcement service is permitted under the provincial garnishment law of the province of a provincial enforcement service, a payment to the provincial enforcement service by the Senate, House of Commons or Library of Parliament is a good and sufficient discharge of liability, to the extent of the payment.

(3) Section 23 of the Act is amended by adding the following after subsection (4):

Payments to party that instituted proceedings

(5) Where moneys are paid to or for the benefit of a party that instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess becomes a debt due to the Senate, House of Commons or Library of Parliament, as the case may be, by that party and may be recovered from the party by deduction or set-off against any moneys payable to or for the benefit of that party under this Division.

50. The Act is amended by adding the following after section 28:

Priority

28.1 In the application of this Act, a garnishee summons for the enforcement of a family support obligation has priority over a garnishee summons for the enforcement of any other judgment debt.

No liability

28.2 No action lies against Her Majesty, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty, or against the Senate, House of Commons or Library of Parliament or any of its officers or employees, for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the administration of this Part or the discharge of any obligation, power or duty under this Part.

51. Section 30 of the English version of the Act is replaced by the following:

Prohibition

30. No employee may be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken with respect to the employee .

52. The Act is amended by adding the following after section 30:

Monitoring and research

30.1 (1) The Minister may

    (a) monitor the efficiency of garnishment policies under this Part; and

    (b) conduct research for purposes related to garnishment proceedings permitted by this Part.

Limitation

(2) Where information obtained under this Part is released for the purpose of carrying out the activities described in subsection (1), it may be released only to

    (a) an officer or employee of Her Majesty, the Senate, the House of Commons or the Library of Parliament;

    (b) a person hired on a contractual basis by Her Majesty, the Senate, the House of Commons or the Library of Parliament to assist in carrying out those activities; and

    (c) a provincial enforcement service within the meaning assigned by section 2 of the Family Orders and Agreements Enforcement Assistance Act.

53. Section 31 of the Act is replaced by the following:

Application of Part

31. This Part applies only in respect of the enforcement of financial support orders against pension benefits payable pursuant to the enactments referred to in the schedule.

54. The portion of the definition ``prestation de pension'' in subsection 32(1) of the French version of the Act before paragraph (a) is replaced by the following:

« prestation de pension »
``pension benefit''

« prestation de pension » En plus de toute prestation allouée sous le régime de la Loi sur les prestations de retraite supplémentaires ou de la Loi sur la mise au point des pensions du service public, chapitre P-33 des Statuts revisés du Canada de 1970, à l'égard d'une pension, allocation annuelle ou rente prévue par un texte législatif visé par l'annexe , toute prestation allouée au titre d'un texte législatif visé par l'annexe sous forme de :

1997, c. 1, s. 38

55. Section 40.1 of the Act is replaced by the following:

Arrears of payment of support

40.1 Despite paragraph 36(d), (f) or (g), subsection 37(2) or section 38, 39 or 40, where the financial support order is an order or judgment for arrears of payments, the amount to be diverted may exceed 50 % of the recipient's net pension benefit if the percentage is specified in the order or judgment.

56. Subsection 41(2) of the French version of the Act is replaced by the following:

Entrée en vigueur de la modification ou de la cessation

(2) Malgré les prestations de pension auxquelles un prestataire a droit au titre d'un texte législatif visé par l'annexe, la modification du montant distrait ou la cessation de la distraction accordée en vertu du paragraphe (1) prend effet à compter du premier jour du mois suivant celui où le ministre a reçu une requête dûment établie à cette fin.

57. The Act is amended by adding the following after section 45:

No liability

45.1 No action lies against Her Majesty in right of Canada, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty in right of Canada for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the administration of this Part or the discharge of any obligation, power or duty under this Part.

58. Section 46 of the Act is amended by adding the following after paragraph (c):

    (c.1) amending the schedule by adding or deleting an enactment, a portion of an enactment or a reference to an enactment;

59. The Act is amended by adding the following after section 47:

Monitoring and research

48. (1) The Minister may

    (a) monitor the efficiency of pension benefit diversion policies, procedures and practices under this Part; and

    (b) conduct research for purposes related to the diversion of pension benefits under this Part.

Limitation

(2) Where information obtained under this Part is released for the purpose of carrying out the activities described in subsection (1), it may be released only to

    (a) an officer or employee of Her Majesty in right of Canada, the Senate, the House of Commons or the Library of Parliament;

    (b) a person hired on a contractual basis by Her Majesty in right of Canada, the Senate, the House of Commons or the Library of Parliament to assist in carrying out those activities; and

    (c) a provincial enforcement service within the meaning assigned by section 2 of the Family Orders and Agreements Enforcement Assistance Act.

R.S., c. J-1

JUDGES ACT

1998, c. 30, s. 3(2)

60. The portion of subsection 24(4) of the Judges Act before paragraph (a) is replaced by the following:

Unified family courts

(4) For the purposes of assisting in the establishment of unified family courts in the provinces, a further number of salaries not greater than ninety-eight at any one time may be paid in the case of judges appointed to courts described in paragraph (3)(b)

CONSEQUENTIAL AMENDMENTS

R.S., c. C-46

Criminal Code

2001, c. 32, s. 4

61. Subparagraph (a)(li) of the definition ``offence'' in section 183 of the Criminal Code is replaced by the following:

        (li) section 282 (abduction in contravention of custody order or parenting order ),

1993, c. 45, s. 4

62. Section 282 of the Act is replaced by the following:

Abduction in contravention of custody order or parenting order

282. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person in contravention of the custody provisions of a custody order made by a court anywhere in Canada, or in contravention of the provisions of a parenting order made by a court anywhere in Canada that provide with whom that person is to reside, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of

    (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

    (b) an offence punishable on summary conviction.

Where no belief in validity of custody order or parenting order

(2) Where a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order or parenting order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under section 283.

Meaning of ``reside''

(3) For the purposes of subsection (1), a person under the age of fourteen years is deemed to reside with

    (a) the person to whom the majority of parenting time is allocated under a parenting order, in cases where paragraph (b) does not apply; or

    (b) if a parenting order allocates substantially equal parenting time to more than one person, each of those persons.

1993, c. 45, s. 5

63. The portion of subsection 283(1) of the Act before paragraph (a) is replaced by the following:

Abduction

283. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order or parenting order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of

1991, c. 43, s. 4

64. Items 54 and 55 of the schedule to Part XX.1 of the Act are replaced by the following:

54. Paragraph 282(1) (a) - abduction in contravention of custody order or parenting order

55. Paragraph 283(1)(a) - abduction

1995, c. 39

Firearms Act

65. Subsection 8(5) of the Firearms Act is replaced by the following:

Who may give consent

(5) An individual who is less than eighteen years old is eligible to hold a licence only if one of the following persons has consented, in writing or in any other manner that is satisfactory to the chief firearms officer, to the issuance of the licence:

    (a) if paragraph (b) does not apply, a person with whom the child resides the majority of the time and who has responsibility for making day-to-day decisions about the child; or

    (b) if the child resides for substantially equal periods with more than one person, any of those persons who have responsibility for making day-to-day decisions about the child.

66. Subsections 58(2) and (3) of the Act are replaced by the following:

Minors

(2) Before attaching a condition to a licence that is to be issued to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer must consult with the person who has consented under subsection 8(5) .

Minors

(3) Before issuing a licence to an individual who is less than eighteen years old and who is not eligible to hold a licence under subsection 8(2) (minors hunting as a way of life), a chief firearms officer shall ensure that the person who has consented under subsection 8(5) is aware of any conditions attached to the licence, by having that person sign the licence.

TRANSITIONAL PROVISIONS

Proceedings commenced before amendments to Act

67. Proceedings commenced under the Divorce Act before the day on which section 10 of this Act comes into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with the Divorce Act as it read immediately before that day.

No change in circumstances -former subsection 17(5)

68. (1) For the purposes of subsection 17(5) of the Divorce Act as it read immediately before the coming into force of subsection 11(2) of this Act, the coming into force of this Act or any provision of this Act does not constitute a change in the condition, means, needs or other circumstances of the child of the marriage.

No change in circumstances -new subsection 17(5)

(2) For the purposes of subsection 17(5) of the Divorce Act as amended by subsection 11(2) of this Act, the coming into force of this Act or any provision of this Act does not constitute a change in the needs or circumstances of the child of the marriage.

Variation of custody orders previously made

69. An order made under subsection 16(1) of the Divorce Act before the coming into force of section 10 of this Act, or an order arising from proceedings disposed of in accordance with section 67 of this Act, may, after the coming into force of section 10 of this Act, be varied, rescinded or suspended in accordance with sections 17 and 17.1 of the Divorce Act as amended by this Act, as if the order were a parenting order or contact order, as the case may be.

Provisional orders

70. (1) If a provisional order was made under subsection 18(2) of the Divorce Act before the day on which section 12 of this Act comes into force, but the respondent has not, before that day, been served a copy of the documents and the notice under subsection 19(2) of the Divorce Act as it then read, the provisional order is deemed, on and after that day, to be an application referred to in subsection 18(2) of the Divorce Act as amended by this Act, and shall be dealt with and disposed of as such.

Confirmation of provisional orders

(2) If a provisional order was made under subsection 18(2) of the Divorce Act before the day on which section 12 of this Act comes into force, and the respondent was served a copy of the documents and the notice under subsection 19(2) of the Divorce Act before that day, the matter shall be dealt with and disposed of in accordance with section 19 of the Divorce Act as it read immediately before that day.

COORDINATING AMENDMENTS

Courts Administratio n Service Act

71. If subsection 183(1) of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, comes into force before section 2 of this Act comes into force, then, on the day on which section 2 of this Act comes into force, the expression ``Federal Court - Trial Division'' in subsections 3(3), 4(3) and 5(3) of the Divorce Act is replaced with the expression ``Federal Court''.

Yukon Act

72. (1) In this section, ``Yukon Act'' means the Yukon Act, chapter 7 of the Statutes of Canada, 2002.

(2) If section 159 of the Yukon Act is not in force on the day on which section 12 of this Act comes into force, then, on that day, section 159 of the Yukon Act is amended by replacing the expression ``Paragraph (a) of the definition ``Attorney General'' in subsection 18(1)'' with the expression ``Paragraph 18(1)(a)''.

(3) If section 12 of this Act is not in force on the day on which section 159 of the Yukon Act comes into force, then, on the day on which section 12 of this Act comes into force, paragraph 18(1)(a) of the Divorce Act is replaced by the following:

    (a) for Yukon, the member of the Executive Council of Yukon designated by the Commissioner of Yukon,

Bill C-17

73. If Bill C-17, introduced in the second session of the 37th Parliament and entitled the Public Safety Act, 2002 (the ``other Act''), receives royal assent, and section 61 of this Act comes into force before subparagraph (a)(li) of the definition ``offence'' in section 183 of the Criminal Code as enacted by section 108 of the other Act, then, on the coming into force of that subparagraph, it is replaced by the following:

        (li) section 282 (abduction in contravention of custody order or parenting order),

COMING INTO FORCE

Coming into force

74. This Act or any provision of this Act, other than sections 71 to 73, comes into force on a day or days to be fixed by order of the Governor in Council.