Bill C-41

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	Provisional Orders
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:
	Divorce Act, R.S. 1970, c. D-8
	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:
	Divorce Act, R.S. 1985, c. 3 (2nd Supp.)
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	Family Orders and Agreements Enforcement Assistance Act
	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:

Bill C-41

Provisional Orders

Divorce Act, R.S. 1970, c. D-8

Divorce Act, R.S. 1985, c. 3 (2nd Supp.)

Family Orders and Agreements Enforcement Assistance Act