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)
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Assented to 2019-06-21
R.S., c. 3 (2nd Supp.)Divorce Act (continued)
34 The Act is amended by adding the following after section 35.1:
Marginal note:Agreements entered into under subsection 25.1(1)
35.2 Any agreement entered into by the Minister of Justice under subsection 25.1(1), as that subsection read immediately before the day on which section 27 of 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 comes into force, and that continues to be in force on that day, is deemed to have been entered into under subsection 25.1(1), as that subsection read on that day.
Marginal note:Proceedings commenced before coming into force
35.3 A proceeding commenced under this Act before the day on which this section comes into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with this Act as it reads as of that day.
Marginal note:Person deemed to have parenting time and decision-making responsibility
35.4 Unless a court orders otherwise,
(a) a person who had custody of a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that day, to be a person to whom parenting time and decision-making responsibility have been allocated; and
(b) a spouse or former spouse who had access to a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that date, to be a person to whom parenting time has been allocated.
Marginal note:Person deemed to have contact order
35.5 If, immediately before the day on which this section comes into force, a person who is not a spouse or former spouse had access to a child by virtue of a custody order made under this Act, then, as of that day, unless a court orders otherwise, that person is deemed to be a person who has contact with the child under a contact order.
Marginal note:No notice
35.6 A person who is deemed under section 35.4, to be a person to whom parenting time or decision-making responsibility has been allocated is not required to give notice under either section 16.8 or 16.9 if a custody order to which they are a party specifies that no notice is required in respect of a change in the place of residence by the person or a child to whom the order relates.
Marginal note:No change in circumstances
35.7 For the purposes of subsection 17(5), as enacted by subsection 13(2) of 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, the coming into force of that Act does not constitute a change in the circumstances of the child.
Marginal note:Variation of orders previously made
35.8 An order made before the day on which this section comes into force under subsection 16(1), as that subsection read immediately before that day, or an order made in proceedings disposed of by the court in the manner described in section 35.3, may, as of that day, if it is still in effect, be varied, rescinded or suspended in accordance with section 17, as amended by section 13 of 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, as if the order were a parenting order or contact order.
Marginal note:Provisional orders
35.9 If, before the day on which this section comes into force, a provisional order was made under subsection 18(2) as it read immediately before that day, the provisional order is deemed, as of that day, to be an application made under in subsection 18.1(3) and shall be dealt with and disposed of as such.
35 The English version of the Act is amended by replacing “ordinarily” with “habitually” in the following provisions:
(a) the definition age of majority in subsection 2(1);
(b) subsection 3(1);
(c) paragraph 4(1)(a); and
(d) paragraph 5(1)(a).
36 The Act is amended by adding, after section 36, the schedule set out in Schedule 1 to this Act.
37 The schedule to the Act is renumbered as Schedule 1.
38 The schedule set out in Schedule 2 to this Act is renumbered as Schedule 2.
39 The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 2 to this Act.
40 The reference to “the schedule” in the definition 2007 Convention in section 28 of the Act is replaced by a reference to “Schedule 1”.
41 The reference to “the schedule” in the definition 1996 Convention in section 30 of the Act is replaced by a reference to “Schedule 2”.
R.S., c. 4 (2nd Supp.)Family Orders and Agreements Enforcement Assistance Act
Marginal note:2000, c. 12, s. 115
42 The long title of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following:
43 (1) The definitions access right, court, order and provincial information bank in section 2 of the Act are repealed.
Marginal note:1996, c. 11, par. 99(b); 1999, c. 17, s. 158; 2005, c. 38, par. 138(i); 2013, c. 40, s. 229
(2) The definitions custody provision, family provision, information bank director, provincial enforcement service and support provision in section 2 of the Act are replaced by the following:
- custody provision
custody provision means a provision of an order providing for custody of a child; (disposition de garde)
- family provision
family provision means a support provision, a parenting provision, a contact provision, a custody provision or an access provision; (disposition familiale)
- information bank director
information bank director means a person who is designated by the regulations as the information bank director for a given information bank; (directeur de fichier)
- provincial enforcement service
provincial enforcement service means any entity that is entitled under the laws of a province to enforce family provisions and that is designated in an agreement with the province entered into under section 3; (autorité provinciale)
- support provision
support provision means a provision of an order for maintenance, alimony or support; (disposition alimentaire)
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
- access provision
access provision means a provision of an order providing for access to a child; (disposition prévoyant l’accès)
- central authority
central authority means any person or entity that is acting as a central authority for the purposes of a convention prescribed by the regulations and that is designated in an agreement entered into with a province under section 3; (autorité centrale)
- contact provision
contact provision means a provision in an order made under subsection 16.5(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; (disposition sur les contacts)
- designated authority
designated authority means any person or entity that is responsible under the Divorce Act or a provincial Act for processing inter-jurisdictional support applications and that is designated in an agreement with a province entered into under section 3; (autorité désignée)
- information bank
information bank means an information bank that is designated by the regulations; (fichier)
- parenting provision
parenting provision means a provision in an order made under subsection 16.1(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; (disposition parentale)
- provincial child support service
provincial child support service means any entity that is designated in an agreement with a province entered into under section 3, and that calculates or recalculates the amount of child support; (service provincial des aliments pour enfants)
(4) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:
Marginal note:Definition of order
(2) For the purposes of subsection (1), paragraphs 8(1)(b) and 9(1)(b) and subparagraphs 16(2)(a)(ii) and (b)(ii), unless a contrary intention appears, order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province.
- Date modified: