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Bill C-22

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Enforcement and Assignment of Orders

1997, c. 1, s. 8(1)

14. Subsection 20(2) of the Act is replaced by the following:

Legal effect throughout Canada

(2) An order made under any of sections 15.1 to 19.2 has legal effect throughout Canada.

1997, c. 1, s. 9

15. Subsection 20.1(2) of the English version of the Act is replaced by the following:

Effect of assigning support order

(2) A minister, member or agency referred to in subsection (1) to whom a support 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, any proceedings under this Act to vary, rescind, suspend or enforce the order as the person who would otherwise be entitled to the payments.

16. The Act is amended by adding the following after section 22:

Parenting order may refer to The Hague Convention

22.1 (1) The court may, in an order under section 16, specify which person or persons are deemed to have rights of custody or rights of access for the purposes of the Convention on the Civil Aspects of International Child Abduction, signed at The Hague on October 25, 1980.

If parenting order silent

(2) If the court, in an order under section 16, is silent as to both rights of custody and rights of access for the purposes of the Convention mentioned in subsection (1), each person to whom parenting time is allocated under paragraph 16(5)(a) is deemed to have rights of custody for the purposes of that Convention.

Application of provincial law

22.2 For greater certainty, provincial law applies in respect of issues relating to parental responsibilities, except to the extent that the provincial law is inconsistent with an order made under this Act.

17. The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:

Rules

(2) Subject to subsection (3), sections 18 to 19.2 and the regulations made under sections 26 and 26.1, the competent authority may make rules applicable to any proceedings under this Act in a court, or appellate court, in a province, including, without limiting the generality of the foregoing, rules

1997, c. 1, s. 10

18. Paragraph 25.1(1)(b) of the Act is replaced by the following:

    (b) recalculate, at regular intervals or at the request of either or both former spouses , in accordance with the applicable guidelines, the amount of child support orders on the basis of updated income information.

19. The Act is amended by adding the following after section 25.1:

Collection and use of information

25.2 (1) The Minister of Justice may, for research or statistical purposes, collect and use information from court files relating to proceedings under this Act.

Disclosure of personal information

(2) Information collected under subsection (1) that is personal information may be disclosed

    (a) for research or statistical purposes, to an officer or employee of Statistics Canada;

    (b) for research or statistical purposes relating to this Act, to a person hired on a contractual basis by the Minister of Justice; or

    (c) for research or statistical purposes relating to separation or divorce, to an officer or employee of the government of the province from whose court files the information was collected, or to a person hired on a contractual basis by the government of that province.

Non-personal information

(3) For greater certainty, subsection (2) shall not be taken to restrict any right that a person has to disclose information that is not personal information.

Definition of ``personal information''

(4) In this section, ``personal information'' has the same meaning as in section 3 of the Privacy Act.

20. (1) The portion of subsection 26(1) of the French version of the Act before paragraph (a) is replaced by the following:

Règlements

26. (1) Le gouverneur en conseil peut prendre des règlements pour l'application de la présente loi, notamment :

(2) Paragraph 26(1)(a) of the Act is replaced by the following:

    (a) respecting the establishment and operation of a central registry of divorce proceedings in Canada, including

      (i) regulations authorizing or requiring the collection, use and disclosure of information by that registry for purposes of the operation of this Act, and regulations respecting those activities, and

      (ii) regulations respecting the collection, use and disclosure of information by that registry for research or statistical purposes, as authorized by section 25.2;

(3) Subsection 26(1) of the Act is amended by adding the following after paragraph (b):

    (c) respecting the collection, use and disclosure of information for research or statistical purposes, as authorized by section 25.2, other than by that registry; and

    (d) respecting the conduct of proceedings under section 18, including regulations to facilitate the operation of subsection 18(8).

1997, c. 1, s. 11

21. (1) The portion of subsection 26.1(1) of the English version of the Act before paragraph (a) is replaced by the following:

Guidelines

26.1 (1) The Governor in Council may establish guidelines respecting orders for child support, including, but without limiting the generality of the foregoing, guidelines

1997, c. 1, s. 11

(2) Subsection 26.1(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (g) and by replacing paragraph (h) with the following:

    (h) respecting the production of information for the purpose of determining the amount of a child support order, and providing for sanctions when that information is not provided; and

    (i) respecting the production, by one spouse or former spouse to the other spouse or former spouse, of information respecting the circumstances referred to in paragraph (e), and providing for sanctions and other consequences when that information is not provided.

1997, c. 1, s. 11

(3) Paragraph 26.1(3)(c) of the Act is replaced by the following:

    (c) an order made under subsection 18(7) .

1997, c. 1, s. 12

22. Section 28 of the Act is repealed.

23. The Act is amended by replacing the words ``custody order'' with the words ``parenting order'' in the definitions ``corollary relief proceeding'' and ``divorce proceeding'' in subsection 2(1).

24. The Act is amended by replacing the words ``or a custody order'' and ``or custody order'' with the words ``parenting order or contact order'' in the following provisions:

    (a) subsection 17(11); and

    (b) paragraph 34(1)(a).

R.S., c. 4 (2nd Supp.)

FAMILY ORDERS AND AGREEMENTS ENFORCEMENT ASSISTANCE ACT

2000, c. 12, s. 115

25. The long title of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following:

An Act to provide for the release of information that may assist in locating persons in default and other persons and to permit, for the enforcement of support orders and support agreements , the garnishment and attachment of certain moneys payable by Her Majesty in right of Canada and the denial of certain licences to persons who are in persistent arrears under a support order or support agreement

26. (1) The definitions ``family provision'' and ``order'' in section 2 of the Act are replaced by the following:

``family provision''
« disposition familiale »

``family provision'' means a support provision, a parenting provision, a contact provision , a custody provision or an access right;

``order''
« ordonnance »

``order'' means any order or judgment, or interim order or judgment, relating to family support, parenting, contact , custody or access that is enforceable in a province;

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

``contact provision''
« disposition sur les contacts personnels »

``contact provision'' means a provision of an order made under section 16.1 of the Divorce Act;

``parenting provision''
« disposition parentale »

``parenting provision'' means a provision of an order made under section 16 of the Divorce Act;

27. Section 3 of the Act is replaced by the following:

Agreements with provinces for application of Part

3. The Minister may, on behalf of the Government of Canada, enter into agreements with each of the provinces concerning the search for and the release of information under this Part.

1996, c. 11, par. 95(f)

28. The portion of section 6 of the Act before paragraph (a) is replaced by the following:

Agreements regarding comprehensiv e pension plans

6. The Minister of Human Resources Development may, on behalf of the Government of Canada, enter into an agreement with each province providing a comprehensive pension plan, as defined under the Canada Pension Plan, for the purpose of obtaining the approval of that province for

29. (1) Paragraph 8(1)(a) of the Act is replaced by the following:

    (a) a certified copy of the order, or a copy of the agreement, containing the support provision, parenting provision, contact provision , custody provision or access right to which the application relates;

(2) Paragraph 8(1)(c) of the Act is replaced by the following:

    (c) subject to subsection (2), proof, as supplied by the province where the court seized of the application has jurisdiction, that the provincial information banks designated with respect to that province have been searched for information helpful in locating, as the case may be, the person who is in arrears under the support provision or the child or children who is or are the objects of the parenting provision, contact provision , custody provision or access right.

30. (1) Subparagraph 9(b)(ii) of the Act is replaced by the following:

      (ii) where the family provision is a parenting provision, contact provision , custody provision or access right, is believed to have possession of the child or children who is or are the objects of the parenting provision, contact provision , custody provision or access right;

(2) Paragraph 9(c) of the Act is replaced by the following:

    (c) disclose that reasonable steps have been taken to locate the person who is in arrears or the child or children who is or are the objects of the parenting provision, contact provision , custody provision or access right and that the person, child or children have not been located;

1993, c. 8. s. 8

31. The portion of section 12 of the Act after paragraph (b) is replaced by the following:

grant an authorization in writing authorizing any judge of that court or any person on the staff of that court , as the case may be, to apply for the release of information under this Part.

1993, c. 8, s. 9

32. Paragraph 13(a) of the Act is replaced by the following:

    (a) a judge of a court or any person on the staff of a court , if authorized to do so under section 12,

1997, c. 1, s. 18

33. (1) Subsection 14(3) of the Act is repealed.

1993, c. 8, s. 10(4)

(2) Subsection 14(4) of the Act is repealed.

1997, c. 1, s. 19; 1999, c. 31, s. 91(F)

34. Sections 15 and 16 of the Act are 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 Canada Customs and Revenue Agency and the Canada Employment Insurance Commission.

Information that may be released

16. The information that may be searched for and released under this Part is the information designated by the regulations .

35. Section 22 of the Act is amended by adding the following after paragraph (b):

    (b.1) designating, for the purposes of section 16, the information that may be searched for and released under this Part;

36. The definition ``garnishee summons'' in subsection 23(1) 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 ;

1993, c. 8, s. 15; 1997, c. 1, s. 21

37. Sections 28 to 31 of the Act are replaced by the following:

Service binds Her Majesty for 12 years

28. Subject to this Part and the regulations, service on the Minister of an application in the form prescribed by the regulations and of a garnishee summons binds Her Majesty for 12 years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.

Calculation of 12-year period

29. For the purposes of section 28, the 12- year period referred to in that section commences on the expiry of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister.

38. The Act is amended by adding the following after section 37:

Demand under the Income Tax Act

37.1 For the purposes of section 37, if the Minister of National Revenue knows or suspects that garnishable moneys would be payable to a judgment debtor were the debtor to file a tax return for a taxation year, that Minister may, in accordance with subsection 150(2) of the Income Tax Act, demand that the debtor file a tax return for that taxation year.

1997, c. 1, s. 22

39. Section 77 of the Act and the heading before it are repealed.

40. The Act is amended by adding the following after section 78:

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