An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (S.C. 2019, c. 16)

• 114 (1) Paragraph 42(1)(a) of the Act is replaced by the following:

  • (a) to the extent that it was in error paid to the recipient, is a debt due to Her Majesty by the recipient, and may be recovered from the recipient by way of deduction from, or set-off or compensation against, future pension benefits to be paid to the recipient; and

• (2) Subsection 42(2) of the Act is replaced by the following:

  • Marginal note:Recovery

    (2) If a diversion payment made to an applicant is greater than the amount that should have been paid to the applicant under this Part, the amount of the excess is a debt due to Her Majesty by the applicant and may be recovered from the applicant by way of deduction from, or set-off or compensation against, future diversion payments to be paid to the applicant under this Part.

• 115 (1) The portion of section 46 of the French version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Règlements

  46 Le gouverneur en conseil peut, sur recommandation du ministre, prendre des règlements :

• (2) Paragraphs 46(a) and (b) of the Act are replaced by the following:

  • (a) respecting the making of applications on behalf of a person by another person or by a provincial enforcement service under section 33, and respecting the payment of diverted amounts to a person for the benefit of another person or to a provincial enforcement service;

  • (b) respecting the amount or amounts to be diverted from a recipient’s net pension benefit, and respecting the procedure to be followed in any situation not dealt with in sections 36 to 40;

• (3) Section 46 of the Act is amended by adding the following after subsection (a):

  • (a.1) respecting documents which must accompany an application made under section 33, which documents may vary according to the applicant and the circumstances specified in the regulations;

  • (a.2) respecting the submission of the document referred to in subsection 33(2.2);

• Marginal note:1997, c. 1, s. 39

  (4) Paragraphs 46(b.1) to (e) of the French version of the Act are replaced by the following:

  • b.1) concernant la communication des renseignements visés à l’article 35.3;

  • c) concernant les motifs entraînant la modification de la somme distraite ou la cessation de la distraction, ainsi que les procédures s’y rapportant;

  • d) prévoyant toute mesure d’ordre réglementaire prévue par la présente partie;

  • e) prévoyant toute autre mesure d’application de la présente partie.

• (5) Section 46 of the Act is amended by adding the following after paragraph (b.1):

  • (b.2) respecting methods of notification for the purpose of section 39 and providing for the day on which notification is deemed to be effected for the purpose of that section;

  • (b.3) prescribing the circumstances in which a copy of the financial support order referred to in subsection 39(5) is to be certified;

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

117 The schedule to the Act is amended by replacing the reference after the heading “SCHEDULE” with the following:

118 Item 10 of the schedule to the Act is replaced by the following:

119 Item 13 of the schedule to the Act is repealed.

Transitional Provisions

Marginal note:Family Orders and Agreements Enforcement Assistance Act

• 120 (1) In this section, other Act means the Family Orders and Agreements Enforcement Assistance Act.

• Marginal note:Former Part I of other Act

  (2) Part I of the other Act, as it read immediately before the day on which section 46 of this Act comes into force, applies to an application made before that day under any of sections 7 to 14 of the other Act and with respect to which the 12-month period set out in section 17 of the other Act has not expired on that day.

• Marginal note:Former sections 28 and 29 of other Act

  (3) Sections 28 and 29 of the other Act, as it read immediately before the day on which section 54 of this Act comes into force, applies to a garnishee summons and an application served on Her Majesty in right of Canada under section 28 of the other Act before that day and which bind Her Majesty in right of Canada on or after that day.

Marginal note:Garnishment, Attachment and Pension Diversion Act — garnishee summons

121 Subsections 6(2) and 18(2) of the Garnishment, Attachment and Pension Diversion Act (“other Act”), as they read immediately before the day on which section 85 of this Act comes into force, apply to a garnishee summons served under the other Act before that day.

R.S., c. C-46Consequential Amendments to the Criminal Code

Marginal note:2004, c. 15, s. 108

122 Subparagraph (a)(li) of the definition offence in section 183 of the Criminal Code is replaced by the following:

Marginal note:1993, c. 45, s. 4

123 Section 282 of the Act is replaced by the following: