|
|
|
|
| 1993, c. 8,
s. 4(2)
|
7. (1) The portion of subsection 19(7) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Order of
confirmation
or refusal
|
(7) Subject to subsection (7.1), at the
conclusion of a proceeding under this section,
the court shall make an order
|
|
|
|
(2) Section 19 of the Act is amended by
adding the following after subsection (7):
|
|
| Guidelines
apply
|
(7.1) A court making an order under
subsection (7) in respect of a child support
order shall do so in accordance with the
applicable guidelines.
|
|
|
|
(3) Subsections 19(9) to (11) of the Act are
replaced by the following:
|
|
| Interim order
for support of
children
|
(9) Where a court remits a matter pursuant
to this section in relation to a child support
order, the court may, pending the making of an
order under subsection (7), make an interim
order in accordance with the applicable
guidelines requiring a spouse to pay for the
support of any or all children of the marriage.
|
|
| Interim order
for support of
spouse
|
(9.1) Where a court remits a matter pursuant
to this section in relation to a spousal support
order, the court may make an interim order
requiring a spouse to secure or pay, or to
secure and pay, such lump sum or periodic
sums, or such lump sum and periodic sums, as
the court thinks reasonable for the support of
the other spouse, pending the making of an
order under subsection (7).
|
|
| Terms and
conditions
|
(10) The court may make an order under
subsection (9) or (9.1) 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.
|
|
| Provisions
applicable
|
(11) Subsections 17(4), (4.1) and (6) to (7)
apply, with such modifications as the
circumstances require, in respect of an order
made under subsection (9) or (9.1) as if it were
a variation order referred to in those
subsections.
|
|
|
|
8. (1) Subsection 20(2) of the Act is
replaced by the following:
|
|
| Legal effect
throughout
Canada
|
(2) Subject to subsection 18(2), an order
made under any of sections 15.1 to 17 or
subsection 19(7), (9) or (9.1) has legal effect
throughout Canada.
|
|
|
|
(2) Paragraph 20(3)(b) of the Act is
replaced by the following:
|
|
|
|
(b) enforced in a province in any other
manner provided for by the laws of that
province, including its laws respecting
reciprocal enforcement between the prov
ince and a jurisdiction outside Canada.
|
|
|
|
(3) Section 20 of the Act is amended by
adding the following after subsection (3):
|
|
| Variation of
orders
|
(4) Notwithstanding subsection (3), a court
may only vary an order that has legal effect
throughout Canada pursuant to subsection (2)
in accordance with this Act.
|
|
|
|
9. The Act is amended by adding the
following after section 20:
|
|
| Assignment of
order
|
20.1 (1) A support order may be assigned to
|
|
|
|
(a) any minister of the Crown for Canada
designated by the Governor in Council;
|
|
|
|
(b) any minister of the Crown for a prov
ince, or any agency in a province, desig
nated by the Lieutenant Governor in Coun
cil of the province;
|
|
|
|
(c) any member of the Council of the Yukon
Territory, or any agency in the Yukon
Territory, designated by the Commissioner
of the Yukon Territory; or
|
|
|
|
(d) any member of the Council of the
Northwest Territories, or any agency in the
Northwest Territories, designated by the
Commissioner of the Northwest Territories.
|
|
| Rights
|
(2) A minister, member or agency referred
to in subsection (1) to whom an order is
assigned is entitled to the payments due under
the order, and has the same right to be notified
of, and to participate in, proceedings under
this Act to vary, rescind, suspend or enforce
the order as the person who would otherwise
be entitled to the payments.
|
|
|
|
10. The Act is amended by adding the
following after section 25:
|
|
| Agreements
with
provinces
|
25.1 (1) With the approval of the Governor
in Council, the Minister of Justice may, on
behalf of the Government of Canada, enter
into an agreement with a province authorizing
a provincial child support service designated
in the agreement to
|
|
|
|
(a) assist courts in the province in the
determination of the amount of child sup
port; and
|
|
|
|
(b) recalculate, at regular intervals, in
accordance with the applicable guidelines,
the amount of child support orders on the
basis of updated income information.
|
|
| Effect of
recalculation
|
(2) Subject to subsection (5), the amount of
a child support order as recalculated pursuant
to this section shall for all purposes be deemed
to be the amount payable under the child
support order.
|
|
| Liability
|
(3) The former spouse against whom a child
support order was made becomes liable to pay
the amount as recalculated pursuant to this
section thirty-one days after both former
spouses to whom the order relates are notified
of the recalculation in the manner provided for
in the agreement authorizing the
recalculation.
|
|
| Right to vary
|
(4) Where either or both former spouses to
whom a child support order relates do not
agree with the amount of the order as
recalculated pursuant to this section, either
former spouse may, within thirty days after
both former spouses are notified of the
recalculation in the manner provided for in the
agreement authorizing the recalculation,
apply to a court of competent jurisdiction for
an order under subsection 17(1).
|
|
| Effect of
application
|
(5) Where an application is made under
subsection (4), the operation of subsection (3)
is suspended pending the determination of the
application, and the child support order
continues in effect.
|
|
| Withdrawal of
application
|
(6) Where an application made under
subsection (4) is withdrawn before the
determination of the application, the former
spouse against whom the order was made
becomes liable to pay the amount as
recalculated pursuant to this section on the day
on which the former spouse would have
become liable had the application not been
made.
|
|
|
|
11. The Act is amended by adding the
following after section 26:
|
|
| Guidelines
|
26.1 (1) The Governor in Council may
establish guidelines respecting the making of
orders for child support, including, but
without limiting the generality of the
foregoing, guidelines
|
|
|
|
(a) respecting the way in which the amount
of an order for child support is to be
determined;
|
|
|
|
(b) respecting the circumstances in which
discretion may be exercised in the making
of an order for child support;
|
|
|
|
(c) authorizing a court to require that the
amount payable under an order for child
support be paid in periodic payments, in a
lump sum or in a lump sum and periodic
payments;
|
|
|
|
(d) authorizing a court to require that the
amount payable under an order for child
support be paid or secured, or paid and
secured, in the manner specified in the
order;
|
|
|
|
(e) respecting the circumstances that give
rise to the making of a variation order in
respect of a child support order;
|
|
|
|
(f) respecting the determination of income
for the purposes of the application of the
guidelines;
|
|
|
|
(g) authorizing a court to impute income for
the purposes of the application of the
guidelines; and
|
|
|
|
(h) respecting the production of income
information and providing for sanctions
when that information is not provided.
|
|
| Principle
|
(2) The guidelines shall be based on the
principle that spouses have joint financial
obligation to maintain the children of the
marriage accordance with their relative
abilities to contribute to the performance that
obligation.
|
|
| Definition of
``order for
child
support''
|
(3) In subsection (1), ``order for child
support'' means
|
|
|
|
(a) an order or interim order made under
section 15.1;
|
|
|
|
(b) a variation order in respect of a child
support order; or
|
|
|
|
(c) an order or an interim order made under
section 19.
|
|
|
|
12. The headings before section 28 and
sections 28 to 31 of the Act are replaced by
the following:
|
|
| Review and
report
|
28. The Minister of Justice shall undertake
a comprehensive review of the provisions and
operation of the Federal Child Support
Guidelines and the determination of child
support under this Act and shall cause a report
on the review to be laid before each House of
Parliament within five years after the coming
into force of this section.
|
|
|
|
13. The Act is amended by adding the
following before section 33:
|
|
|
|
|
|
|
|
14. Section 34 of the Act is replaced by the
following:
|
|
| Variation and
enforcement
of orders
previously
made
|
34. (1) Subject to subsection (1.1), any
order made under subsection 11(1) of the
Divorce Act, chapter D-8 of the Revised
Statutes of Canada, 1970, including any order
made pursuant to section 33 of this Act, and
any order to the like effect made corollary to
a decree of divorce granted in Canada before
July 2, 1968 or granted on or after that day
pursuant to subsection 22(2) of that Act may
be varied, rescinded, suspended or enforced in
accordance with sections 17 to 20, other than
subsection 17(10), of this Act as if
|
|
|
|
(a) the order were a support order or custody
order, as the case may be; and
|
|
|
|
(b) in subsections 17(4), (4.1) and (5), the
words ``or the last order made under
subsection 11(2) of the Divorce Act, chapter
D-8 of the Revised Statutes of Canada,
1970, varying that order'' were added
immediately before the words ``or the last
variation order made in respect of that
order''.
|
|
| Combined
orders
|
(1.1) Where an application is made under
subsection 17(1) to vary an order referred to in
subsection (1) that provides a single amount of
money for the combined support of one or
more children and a former spouse, the court
shall rescind the order and treat the
application as an application for a child
support order and an application for a spousal
support order.
|
|
| Enforcement
of interim
orders
|
(2) Any order made under section 10 of the
Divorce Act, chapter D-8 of the Revised
Statutes of Canada, 1970, including any order
made pursuant to section 33 of this Act, may
be enforced in accordance with section 20 of
this Act as if it were an order made under
subsection 15.1(1) or 15.2(1) or section 16 of
this Act, as the case may be.
|
|
| Assignment of
orders
previously
made
|
(3) Any order for the maintenance of a
spouse or child of the marriage made under
section 10 or 11 of the Divorce Act, chapter
D-8 of the Revised Statutes of Canada, 1970,
including any order made pursuant to section
33 of this Act, and any order to the like effect
made corollary to a decree of divorce granted
in Canada before July 2, 1968 or granted on or
after that day pursuant to subsection 22(2) of
that Act may be assigned to any minister,
member or agency designated pursuant to
section 20.1.
|
|
|
|
15. The Act is amended by adding the
following after section 35:
|
|
|
|
|
|
| Variation and
enforcement
of support
orders
previously
made
|
35.1 (1) Subject to subsection (2), any
support order made under this Act before the
coming into force of this section may be
varied, rescinded, suspended or enforced in
accordance with sections 17 to 20 as if the
support order were a child support order or a
spousal support order, as the case may be.
|
|
| Combined
orders
|
(2) Where an application is made under
subsection 17(1) to vary a support order made
under this Act before the coming into force of
this section that provides for the combined
support of one or more children and a former
spouse, the court shall rescind the order and
treat the application as an application for a
child support order and an application for a
spousal support order.
|
|
| Assignment of
orders
previously
made
|
(3) Any support order made under this Act
before the coming into force of this section
may be assigned to any minister, member or
agency designated pursuant to section 20.1.
|
|
| R.S., c. 4 (2nd
Supp.); 1992,
c. 1; 1993, c.
8
|
|
|
|
|
16. The definition ``information bank
director'' in section 2 of the Family Orders
and Agreements Enforcement Assistance Act
is amended by striking out the word ``and''
after paragraph (a), by adding the word
``and'' after paragraph (b) and by adding
the following after paragraph (b):
|
|
|
|
(c) with respect to any of the information
banks controlled by the Department of
National Revenue that may be searched
under this Part, the Minister of National
Revenue;
|
|
|
|
17. The portion of section 13 of the Act
after paragraph (c) is replaced by the
following:
|
|
|
|
|
|
|
|
may apply to the Minister, in the manner
prescribed by the regulations, to have the
information banks referred to in section 15
searched for the information referred to in
section 16 and to have any such information
found in those information banks released on
a confidential basis.
|
|
| 1993, c. 8,
s. 10(3)
|
18. Subsection 14(3) of the Act is replaced
by the following:
|
|
| Supporting
documents for
provincial
enforcement
service
|
(3) Where an application under section 13
is made by a provincial enforcement service,
the application must be accompanied by an
affidavit submitted by an officer of the
provincial enforcement service in accordance
with subsection (4).
|
|
| Supporting
documents for
peace officer
|
(3.1) Where an application under section 13
is made by a peace officer investigating a child
abduction pursuant to section 282 or 283 of the
Criminal Code, the application must be
accompanied by
|
|
|
|
(a) a copy of the information to which the
application relates; and
|
|
|
|
(b) an affidavit, submitted by the peace
officer in accordance with subsection (5).
|
|
|
|
19. Section 15 of the Act is replaced by the
following:
|
|
| Information
banks that
may be
searched
|
15. The information banks that may be
searched under this Part are the information
banks designated by the regulations from
among the information banks controlled by
the Department of Human Resources
Development, the Department of National
Revenue and the Canada Employment
Insurance Commission.
|
|
|
|
20. Section 22 of the Act is amended by
adding the following after paragraph (a):
|
|
|
|
(a.1) prescribing the manner in which an
application for the searching of information
banks and the release of information under
this Part may be made;
|
|
|
|
21. Section 28 of the Act is amended by
adding the word ``and'' after paragraph (a)
and by repealing paragraph (b).
|
|
|
|
22. Part III of the Act is replaced by the
following:
|
|