C-78 1 42 64-65-66-67-68 Elizabeth II 2015-2016-2017-2018-2019

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

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

An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act... 2019 6 21 16 2019 90873

SUMMARY

This enactment amends the Divorce Act to, among other things,

(

a) replace terminology related to custody and access with terminology related to parenting;

(

b) establish a non-exhaustive list of criteria with respect to the best interests of the child;

(

c) create duties for parties and legal advisers to encourage the use of family dispute resolution processes;

(

d) introduce measures to assist the courts in addressing family violence;

(

e) establish a framework for the relocation of a child; and

(

f) simplify certain processes, including those related to family support obligations.

The enactment also amends the Family Orders and Agreements Enforcement Assistance Act to, among other things,

(

a) allow the release of information to help obtain and vary a support provision;

(

b) expand the release of information to other provincial family justice government entities;

(

c) permit the garnishment of federal moneys to recover certain expenses related to family law; and

(

d) extend the binding period of a garnishee summons.

The enactment also amends those two Acts to implement

(

a) the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996; and

(

b) the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

The enactment also amends the Garnishment, Attachment and Pension Diversion Act to, among other things,

(

a) give priority to family support obligations; and

(

b) simplify the processes under the Act.

Finally, this enactment also includes transitional provisions and makes consequential amendments to the Criminal Code .

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. 3 (2nd Supp.)

Divorce Act

(1) The

definitions custody and custody order in subsection 2(1) of the Divorce Act are repealed.

(2) The definition accès in subsection 2(1) of the French version of the Act is repealed.

1997, c. 1, s. 1(3)

(3) The definition provincial child support service in subsection 2(1) of the Act is replaced by the following:

provincial child support service means any service, agency or body designated in an agreement with a province under subsection 25.01(1) or 25.1(1); ( service provincial des aliments pour enfants )

1997, c. 1, s. 1(1); 2005, c. 33, s. 8(1)

(4) The

definitions corollary relief proceeding , divorce proceeding and spouse in subsection 2(1) of the Act are replaced by the following:

corollary relief proceeding means a proceeding in a court in which either or both former spouses seek a child support order, a spousal support order or a parenting order; ( action en mesures accessoires )

divorce proceeding means a proceeding in a court in which either or both spouses seek a divorce alone or together with a child support order, a spousal support order or a parenting order; ( action en divorce )

spouse includes, in subsection 6(1) and sections 15.1 to 16.96, 21.1, 25.01 and 25.1, a former spouse; ( époux )

(5) The definition spouse in subsection 2(1) of the Act is replaced by the following:

spouse includes, in subsection 6(1) and sections 15.1 to 16.96, 21.1, 25.01, 25.1 and 30.7, a former spouse; ( époux )

1997, c. 1, s. 1(3)

(6) Paragraph (

a) of the definition applicable guidelines in subsection 2(1) of the Act is replaced by the following:

(

a) if both spouses or former spouses are habitually resident in the same province at the time an application is made for a child support order or for a variation order in respect of a child support order or the amount of a child support is to be calculated or recalculated under

section 25.01 or 25.1, and that province has been designated by an order made under subsection (5), the laws of the province specified in the order, and

(7) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

competent authority means, except as otherwise provided, a tribunal or other entity in a country other than Canada, or a subdivision of such a country, that has the authority to make a decision under their law respecting any subject matter that could be dealt with under this Act; ( autorité compétente )

contact order means an order made under subsection 16.5(1); ( ordonnance de contact )

decision-making responsibility means the responsibility for making significant decisions about a child’s well-being, including in respect of

(

a) health;

(

b) education;

(

c) culture, language, religion and spirituality; and

(

d) significant extra-curricular activities; ( responsabilités décisionnelles )

family dispute resolution process means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation and collaborative law; ( mécanisme de règlement des différends familiaux )

family justice services means public or private services intended to help persons deal with issues arising from separation or divorce; ( services de justice familiale )

family member includes a member of the household of a child of the marriage or of a spouse or former spouse as well as a dating partner of a spouse or former spouse who participates in the activities of the household; ( membre de la famille )

family violence means any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person — and in the case of a child, the direct or indirect exposure to such conduct — and includes

(

a) physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;

(

b) sexual abuse;

(

c) threats to kill or cause bodily harm to any person;

(

d) harassment, including stalking;

(

e) the failure to provide the necessaries of life;

(

f) psychological abuse;

(

g) financial abuse;

(

h) threats to kill or harm an animal or damage property; and

(

i) the killing or harming of an animal or the damaging of property; ( violence familiale )

legal adviser means any person who is qualified, in accordance with the law of a province, to represent or provide legal advice to another person in any proceeding under this Act; ( conseiller juridique )

order assignee means a minister, member, agency or public body to whom a support order is assigned under subsection 20.1(1); ( cessionnaire de la créance alimentaire )

parenting order means an order made under subsection 16.1(1); ( ordonnance parentale )

parenting time means the time that a child of the marriage spends in the care of a person referred to in subsection 16.1(1), whether or not the child is physically with that person during that entire time; ( temps parental )

relocation means a change in the place of residence of a child of the marriage or a person who has parenting time or decision-making responsibility — or who has a pending application for a parenting order — that is likely to have a significant impact on the child’s relationship with

(

a) a person who has parenting time, decision-making responsibility or an application for a parenting order in respect of that child pending; or

(

b) a person who has contact with the child under a contact order; ( déménagement important )

2002, c. 8, par. 183(1)(i)

Subsections 3(2) and (3) of the Act are replaced by the following:

Jurisdiction if two proceedings commenced on different days

(2) If divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a divorce proceeding was commenced first has exclusive jurisdiction to hear and determine any divorce proceeding then pending between the spouses and the second divorce proceeding is deemed to be discontinued.

Jurisdiction if two proceedings commenced on same day

(3) If divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both spouses, determine which court retains jurisdiction by applying the following rules:

(

a) if at least one of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident;

(

b) if neither of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the spouses last maintained a habitual residence in common if one of the spouses is habitually resident in that province; and

(

c) in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate.

1993, c. 8, s. 1; 2002, c. 8, par. 183(1)(i)

Subsections 4(2) and (3) of the Act are replaced by the following:

Jurisdiction if two proceedings commenced on different days

(2) If corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a corollary relief proceeding was commenced first has exclusive jurisdiction to hear and determine any corollary relief proceeding then pending between the former spouses in respect of that matter and the second corollary relief proceeding is deemed to be discontinued.

Jurisdiction if two proceedings commenced on same day

(3) If corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both former spouses, determine which court retains jurisdiction by applying the following rules:

(

a) if at least one of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident;

(

b) if neither of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the former spouses last maintained a habitual residence in common if one of the former spouses is habitually resident in that province; and

(

c) in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate.

2002, c. 8, par. 183(1)(i)

Subsections 5(2) and (3) of the Act are replaced by the following:

Jurisdiction if two proceedings commenced on different days

(2) If variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a variation proceeding was commenced first has exclusive jurisdiction to hear and determine any variation proceeding then pending between the former spouses in respect of that matter and the second variation proceeding is deemed to be discontinued.

Jurisdiction if two proceedings commenced on same day

(3) If variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both former spouses, determine which court retains jurisdiction by applying the following rules:

(

a) if at least one of the proceedings includes an application for a variation order in respect of a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident;

(

b) if neither of the proceedings includes an application for a variation order in respect of a parenting order, the court that retains jurisdiction is the court in the province in which the former spouses last maintained a habitual residence in common if one of the former spouses is habitually resident in that province; and

(

c) in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate.

Subsections 6(1) to (3) of the Act are replaced by the following:

Transfer of proceeding if parenting order applied for

(1) If an application for an order under

section 16.1 is made in a divorce proceeding or corollary relief proceeding to a court in a province and the child of the marriage in respect of whom the order is sought is habitually resident in another province, the court may, on application by a spouse or on its own motion, transfer the proceeding to a court in that other province.

Transfer of variation proceeding in respect of parenting order

(2) If an application for a variation order in respect of a parenting order is made in a variation proceeding to a court in a province and the child of the marriage in respect of whom the variation order is sought is habitually resident in another province, the court may, on application by a former spouse or on its own motion, transfer the variation proceeding to a court in that other province.

The Act is amended by adding the following after

section 6:

Jurisdiction — application for contact order

6.1

(1) If a court in a province is seized of an application for a parenting order in respect of a child, the court has jurisdiction to hear and determine an application for a contact order in respect of the child.

Jurisdiction — no pending variation proceeding

(2) If no variation proceeding related to a parenting order in respect of a child is pending, a court in a province in which the child is habitually resident has jurisdiction to hear and determine an application for a contact order, an application for a variation order in respect of a contact order or an application for a variation order in respect of a parenting order brought by a person referred to in subparagraph 17(1)(b)(ii), unless the court considers that a court in another province is better placed to hear and determine the application, in which case the court shall transfer the proceeding to the court in that other province.

No jurisdiction — contact order

(3) For greater certainty, if no parenting order has been made in respect of a child, no application for a contact order may be brought under this Act in respect of the child.

Removal or retention of child of marriage

6.2

(1) If a child of the marriage is removed from or retained in a province contrary to sections 16.9 to 16.96 or provincial law, a court in the province in which the child was habitually resident that would have had jurisdiction under sections 3 to 5 immediately before the removal or retention has jurisdiction to hear and determine an application for a parenting order, unless the court is satisfied

(

a) that all persons who are entitled to object to the removal or retention have ultimately consented or acquiesced to the removal or retention;

(

b) that there has been undue delay in contesting the removal or retention by those persons; or

(

c) that a court in the province in which the child is present is better placed to hear and determine the application.

Transfer

(2) If the court in the province in which the child was habitually resident immediately before the removal or retention is satisfied that any of paragraphs (1)(

a) to (

c) apply,

(

a) the court shall transfer the application to the court in the province in which the child is present; and

(

b) the court may transfer any other application under this Act in respect of the parties to the court in the province in which the child is present.

Federal Court

(3) If after the child’s removal from or retention in a province, two proceedings are commenced on the same day as described in subsection 3(3), 4(3) or 5(3), this

section prevails over those subsections and the Federal Court shall determine which court has jurisdiction under this section. A reference in this

section to “court in the province in which the child was habitually resident” is to be read as “Federal Court”.

Child habitually resident outside Canada

6.3

(1) If a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.

Exceptional circumstances

(2) In determining whether there are exceptional circumstances, the court shall consider all relevant factors, including

(

a) whether there is a sufficient connection between the child and the province;

(

b) the urgency of the situation;

(

c) the importance of avoiding a multiplicity of proceedings and inconsistent decisions; and

(

d) the importance of discouraging child abduction.

Subsection 6.3(1) of the Act is replaced by the following:

Child habitually resident outside Canada

6.3

(1) Subject to sections 30 to 31.3, if a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.

The Act is amended by adding the following after

section 7:

Duties

Parties to a Proceeding

Best interests of child

7.1

A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child.

Protection of children from conflict

7.2

A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding.

Family dispute resolution process

7.3

To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process.

Complete, accurate and up-to-date information

7.4

A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act.

Duty to comply with orders

7.5

For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.

Certification

7.6

Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a party to a proceeding shall contain a statement by the party certifying that they are aware of their duties under sections 7.1 to 7.5.

Legal Adviser

Reconciliation

7.7

(1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse’s behalf in a divorce proceeding

(

a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and

(

b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation.

Duty to discuss and inform

(2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act

(

a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so;

(

b) to inform the person of the family justice services known to the legal adviser that might assist the person

(

i) in resolving the matters that may be the subject of an order under this Act, and

(ii)

in complying with any order or decision made under this Act; and

(

c) to inform the person of the parties’ duties under this Act.

Certification

(3) Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a legal adviser shall contain a statement by the legal adviser certifying that they have complied with this section.

Court

Purpose of

section

7.8

(1) The purpose of this

section is to facilitate

(

a) the identification of orders, undertakings, recognizances, agreements or measures that may conflict with an order under this Act; and

(

b) the coordination of proceedings.

Information regarding other orders or proceedings

(2) In a proceeding for corollary relief and in relation to any party to that proceeding, the court has a duty to consider if any of the following are pending or in effect, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so:

(

a) a civil protection order or a proceeding in relation to such an order;

(

b) a child protection order, proceeding, agreement or measure; or

(

c) an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature.

In order to carry out the duty, the court may make inquiries of the parties or review information that is readily available and that has been obtained through a search carried out in accordance with provincial law, including the rules made under subsection 25(2).

Definition of civil protection order

(3) In this section, civil protection order means a civil order that is made to protect a person’s safety, including an order that prohibits a person from

(

a) being in physical proximity to a specified person or following a specified person from place to place;

(

b) contacting or communicating with a specified person, either directly or indirectly;

(

c) attending at or being within a certain distance of a specified place or location;

(

d) engaging in harassing or threatening conduct directed at a specified person;

(

e) occupying a family home or a residence; or

(

f) engaging in family violence.

Section 9 of the Act is repealed.

Subsection 11(4) of the Act is replaced by the following:

Definition of collusion

(4) In this section, collusion means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement to the extent that it provides for separation between the parties, financial support, division of property or the exercise of parenting time or decision-making responsibility.

1997, c. 1, s. 2

Section 15 of the Act and the heading “Interpretation” before it are repealed.

1997, c. 1, s. 3

Section 16 of the Act and the heading before it are replaced by the following:

Best Interests of the Child

Best interests of child

(1) The court shall take into consideration only the best interests of the child of the marriage in making a parenting order or a contact order.

Primary consideration

(2) When considering the factors referred to in subsection (3), the court shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being.

Factors to be considered

(3) In determining the best interests of the child, the court shall consider all factors related to the circumstances of the child, including

(

a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;

(

b) the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;

(

c) each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse;

(

d) the history of care of the child;

(

e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;

(

f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;

(

g) any plans for the child’s care;

(

h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;

(

i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;

(

j) any family violence and its impact on, among other things,

(

i) the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and

(ii)

the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and

(

k) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.

Factors relating to family violence

(4) In considering the impact of any family violence under paragraph (3)(j), the court shall take the following into account:

(

a) the nature, seriousness and frequency of the family violence and when it occurred;

(

b) whether there is a pattern of coercive and controlling behaviour in relation to a family member;

(

c) whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence;

(

d) the physical, emotional and psychological harm or risk of harm to the child;

(

e) any compromise to the safety of the child or other family member;

(

f) whether the family violence causes the child or other family member to fear for their own safety or for that of another person;

(

g) any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; and

(

h) any other relevant factor.

Past conduct

(5) In determining what is in the best interests of the child, the court shall not take into consideration the past conduct of any person unless the conduct is relevant to the exercise of their parenting time, decision-making responsibility or contact with the child under a contact order.

Maximum parenting time

(6) In allocating parenting time, the court shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child.

Parenting order and contact order

(7) In this section, a parenting order includes an interim parenting order and a variation order in respect of a parenting order, and a contact order includes an interim contact order and a variation order in respect of a contact order.

Parenting Orders

Parenting order

16.1

(1) A court of competent jurisdiction may make an order providing for the exercise of parenting time or decision-making responsibility in respect of any child of the marriage, on application by

(

a) either or both spouses; or

(

b) a person, other than a spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent.

Interim order

(2) The court may, on application by a person described in subsection (1), make an interim parenting order in respect of the child, pending the determination of an application made under that subsection.

Application by person other than spouse

(3) A person described in paragraph (1)(

b) may make an application under subsection (1) or (2) only with leave of the court.

Contents of parenting order

(4) The court may, in the order,

(

a) allocate parenting time in accordance with

section 16.2;

(

b) allocate decision-making responsibility in accordance with

section 16.3;

(

c) include requirements with respect to any means of communication, that is to occur during the parenting time allocated to a person, between a child and another person to whom parenting time or decision-making responsibility is allocated; and

(

d) provide for any other matter that the court considers appropriate.

Terms and conditions

(5) The court may make an order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate.

Family dispute resolution process

(6) Subject to provincial law, the order may direct the parties to attend a family dispute resolution process.

Relocation

(7) The order may authorize or prohibit the relocation of the child.

Supervision

(8) The order may require that parenting time or the transfer of the child from one person to another be supervised.

Prohibition on removal of child

(9) The order may prohibit the removal of a child from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.

Parenting time —

schedule

16.2

(1) Parenting time may be allocated by way of a schedule.

Day-to-day decisions

(2) Unless the court orders otherwise, a person to whom parenting time is allocated under paragraph 16.1(4)(

a) has exclusive authority to make, during that time, day-to-day decisions affecting the child.

Allocation of decision-making responsibility

16.3

Decision-making responsibility in respect of a child, or any aspect of that responsibility, may be allocated to either spouse, to both spouses, to a person described in paragraph 16.1(1)(b), or to any combination of those persons.

Entitlement to information

16.4

Unless the court orders otherwise, any person to whom parenting time or decision-making responsibility has been allocated is entitled to request from another person to whom parenting time or decision-making responsibility has been allocated information about the child’s well-being, including in respect of their health and education, or from any other person who is likely to have such information, and to be given such information by those persons subject to any applicable laws.

Contact Orders

Contact order

16.5

(1) A court of competent jurisdiction may, on application by a person other than a spouse, make an order providing for contact between that person and a child of the marriage.

Interim order

(2) The court may, on application by a person referred to in subsection (1), make an interim order providing for contact between that person and the child, pending the determination of the application made under that subsection.

Leave of the court

(3) A person may make an application under subsection (1) or (2) only with leave of the court, unless they obtained leave of the court to make an application under

section 16.1.

Factors in determining whether to make order

(4) In determining whether to make a contact order under this section, the court shall consider all relevant factors, including whether contact between the applicant and the child could otherwise occur, for example during the parenting time of another person.

Contents of contact order

(5) The court may, in the contact order,

(

a) provide for contact between the applicant and the child in the form of visits or by any means of communication; and

(

b) provide for any other matter that the court considers appropriate.

Terms and conditions

(6) The court may make a contact order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate.

Supervision

(7) The order may require that the contact or transfer of the child from one person to another be supervised.

Prohibition on removal of child

(8) The order may provide that a child shall not be removed from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.

Variation of parenting order

(9) If a parenting order in respect of the child has already been made, the court may make an order varying the parenting order to take into account a contact order it makes under this section, and subsections 17(3) and (11) apply as a consequence with any necessary modifications.

Parenting Plan

Parenting plan

16.6

(1) The court shall include in a parenting order or a contact order, as the case may be, any parenting plan submitted by the parties unless, in the opinion of the court, it is not in the best interests of the child to do so, in which case the court may make any modifications to the plan that it considers appropriate and include it in the order.

Definition of parenting plan

(2) In subsection (1), parenting plan means a document or part of a document that contains the elements relating to parenting time, decision-making responsibility or contact to which the parties agree.

Change in Place of Residence

Non-application

16.7

Section 16.8 does not apply to a change in the place of residence that is a relocation.

Notice

16.8

(1) A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to change their place of residence or that of the child shall notify any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention.

Form and content of notice

(2) The notice shall be given in writing and shall set out

(

a) the date on which the change is expected to occur; and

(

b) the address of the new place of residence and contact information of the person or child, as the case may be.

Exception

(3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections do not apply or may modify them, including where there is a risk of family violence.

Application without notice

(4) An application referred to in subsection (3) may be made without notice to any other party.

Relocation

Notice

16.9

(1) A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to undertake a relocation shall notify, at least 60 days before the expected date of the proposed relocation and in the form prescribed by the regulations, any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention.

Content of notice

(2) The notice must set out

(

a) the expected date of the relocation;

(

b) the address of the new place of residence and contact information of the person or child, as the case may be;

(

c) a proposal as to how parenting time, decision-making responsibility or contact, as the case may be, could be exercised; and

(

d) any other information prescribed by the regulations.

Exception

(3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections, or in the regulations made for the purposes of those subsections, do not apply or may modify them, including where there is a risk of family violence.

Application without notice

(4) An application referred to in subsection (3) may be made without notice to any other party.

Relocation authorized

16.91

(1) A person who has given notice under

section 16.9 and who intends to relocate a child may do so as of the date referred to in the notice if

(

a) the relocation is authorized by a court; or

(

b) the following conditions are satisfied:

(

i) the person with parenting time or decision-making responsibility in respect of the child who has received a notice under subsection 16.9(1) does not object to the relocation within 30 days after the day on which the notice is received, by setting out their objection in

(

A) a form prescribed by the regulations, or

(

B) an application made under subsection 16.1(1) or paragraph 17(1)(b), and

(ii)

there is no order prohibiting the relocation.

Content of form

(2) The form must set out

(

a) a statement that the person objects to the proposed relocation;

(

b) the reasons for the objection;

(

c) the person’s views on the proposal for the exercise of parenting time, decision-making responsibility or contact, as the case may be, that is set out in the notice referred to in subsection 16.9(1); and

(

d) any other information prescribed by the regulations.

Best interests of child — additional factors to be considered

16.92

(1) In deciding whether to authorize a relocation of a child of the marriage, the court shall, in order to determine what is in the best interests of the child, take into consideration, in addition to the factors referred to in

section 16,

(

a) the reasons for the relocation;

(

b) the impact of the relocation on the child;

(

c) the amount of time spent with the child by each person who has parenting time or a pending application for a parenting order and the level of involvement in the child’s life of each of those persons;

(

d) whether the person who intends to relocate the child complied with any applicable notice requirement under

section 16.9, provincial family law legislation, an order, arbitral award, or agreement;

(

e) the existence of an order, arbitral award, or agreement that specifies the geographic area in which the child is to reside;

(

f) the reasonableness of the proposal of the person who intends to relocate the child to vary the exercise of parenting time, decision-making responsibility or contact, taking into consideration, among other things, the location of the new place of residence and the travel expenses; and

(

g) whether each person who has parenting time or decision-making responsibility or a pending application for a parenting order has complied with their obligations under family law legislation, an order, arbitral award, or agreement, and the likelihood of future compliance.

Factor not to be considered

(2) In deciding whether to authorize a relocation of the child, the court shall not consider, if the child’s relocation was prohibited, whether the person who intends to relocate the child would relocate without the child or not relocate.

Burden of proof — person who intends to relocate child

16.93

(1) If the parties to the proceeding substantially comply with an order, arbitral award, or agreement that provides that a child of the marriage spend substantially equal time in the care of each party, the party who intends to relocate the child has the burden of proving that the relocation would be in the best interests of the child.

Burden of proof — person who objects to relocation

(2) If the parties to the proceeding substantially comply with an order, arbitral award or agreement that provides that a child of the marriage spends the vast majority of their time in the care of the party who intends to relocate the child, the party opposing the relocation has the burden of proving that the relocation would not be in the best interests of the child.

Burden of proof — other cases

(3) In any other case, the parties to the proceeding have the burden of proving whether the relocation is in the best interests of the child.

Power of court — interim order

16.94

A court may decide not to apply subsections 16.93(1) and (2) if the order referred to in those subsections is an interim order.

Costs relating to exercise of parenting time

16.95

If a court authorizes the relocation of a child of the marriage, it may provide for the apportionment of costs relating to the exercise of parenting time by a person who is not relocating between that person and the person who is relocating the child.

Notice — persons with contact

16.96

(1) A person who has contact with a child of the marriage under a contact order shall notify, in writing, any person with parenting time or decision-making responsibility in respect of that child of their intention to change their place of residence, the date on which the change is expected to occur, the address of their new place of residence and their contact information.

Notice — significant impact

(2) If the change is likely to have a significant impact on the child’s relationship with the person, the notice shall be given at least 60 days before the change in place of residence, in the form prescribed by the regulations, and shall set out, in addition to the information required in subsection (1), a proposal as to how contact could be exercised in light of the change and any other information prescribed by the regulations.

Exception

(3) Despite subsections (1) and (2), the court may, on application, order that the requirements in those subsections, or in the regulations made for the purposes of those subsections, do not apply or modify them, if the court is of the opinion that it is appropriate to do so, including where there is a risk of family violence.

Application without notice

(4) An application referred to in subsection (3) may be made without notice to any other party.

(1) Subsections 17(1) to (3) of the Act are replaced by the following:

Variation order

(1) A court of competent jurisdiction may make an order varying, rescinding or suspending, retroactively or prospectively,

(

a) a support order or any provision of one, on application by either or both former spouses;

(

b) a parenting order or any provision of one, on application by

(

i) either or both former spouses, or

(ii)

a person, other than a former spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent; or

(

c) a contact order or any provision of one, on application by a person to whom the order relates.

Leave of the court

(2) A person to whom the parenting order in question does not relate may make an application under subparagraph (1)(b)(ii) only with leave of the court.

Variation of parenting order

(2.1) If the court makes a variation order in respect of a contact order, it may make an order varying the parenting order to take into account that variation order, and subsections (3) and (11) apply as a consequence with any necessary modifications.

Variation of contact order

(2.2) If the court makes a variation order in respect of a parenting order, it may make an order varying any contact order to take into account that variation order, and subsections (3) and (11) apply as a consequence with any necessary modifications.

Conditions of order

(3) The court may include in a variation order any provision that under this Act could have been included in the order in respect of which the variation order is sought, and the court has the same powers and obligations that it would have when making that order.

2007, c. 14, s. 1

(2) Subsections 17(5) and (5.1) of the Act are replaced by the following:

Factors for parenting order or contact order

(5) Before the court makes a variation order in respect of a parenting order or contact order, the court shall satisfy itself that there has been a change in the circumstances of the child since the making of the order or the last variation order made in respect of the order, or of an order made under subsection 16.5(9).

Variation order

(5.1) For the purposes of subsection (5), a former spouse’s terminal illness or critical condition shall be considered a change in the circumstances of the child, and the court shall make a variation order in respect of a parenting order with regard to the allocation of parenting time.

Relocation — change in circumstances

(5.2) The relocation of a child is deemed to constitute a change in the circumstances of the child for the purposes of subsection (5).

Relocation prohibited — no change in circumstances

(5.3) A relocation of a child that has been prohibited by a court under paragraph (1)(

b) or

section 16.1 does not, in itself, constitute a change in the circumstances of the child for the purposes of subsection (5).

(3) Section 17 of the Act is amended by adding the following after subsection (6.5):

Priority to child support

(6.6) Section 15.3 applies, with any necessary modifications, when a court is considering an application under paragraph (1)(

a) in respect of a child support order and an application under that paragraph in respect of a spousal support order.

(4) Subsection 17(9) of the Act is repealed.

(5) Subsection 17(11) of the Act is replaced by the following:

Copy of order

(11) Where a court makes a variation order in respect of a support order, parenting order or contact order made by another court, it shall send a copy of the variation order, certified by a judge or officer of the court, to that other court.

1993, c. 8, ss. 2 and 3 and s. 4(1), c. 28, s. 78 (Sch. III, item 43); 1997, c. 1, ss. 6 and 7; 2002, c. 7, s. 159; 2014, c. 2, s. 33

Sections 17.1 to 19 of the Act are replaced by the following:

Proceedings Between Provinces and Between a Province and a Designated Jurisdiction To Obtain, Vary, Rescind or Suspend Support Orders or To Recognize Decisions of Designated Jurisdictions

Definitions

Definitions

The following

definitions apply in this

section and in sections 18.1 to 19.1.

competent authority means a court that has the authority to make an order or another entity that has the authority to make a decision with respect to support under this Act. ( autorité compétente )

designated authority means a person or entity that is designated by a province to exercise the powers or perform the duties and functions set out in sections 18.1 to 19.1 within the province. ( autorité désigné

e) designated jurisdiction means a jurisdiction outside Canada — whether a country or a political subdivision of a country — that is designated under

an Act that relates to the reciprocal enforcement of orders relating to support, of the province in which either of the former spouses resides. ( État désigné )

responsible authority means a person or entity that, in a designated jurisdiction, performs functions that are similar to those performed by the designated authority under subsection 19(4). ( autorité responsable )

Inter-Jurisdictional Proceedings Between Provinces

Receipt and Sending of Applications

If former spouses reside in different provinces

18.1

(1) If the former spouses are resident in different provinces, either of them may, without notice to the other,

(

a) commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or

(

b) request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service.

Procedure

(2) A proceeding referred to in paragraph (1)(

a) shall be governed by this section, sections 18.2 and 18.3 and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act.

Application

(3) For the purpose of subsection (1), a former spouse shall submit an application to the designated authority of the province in which they are resident.

Sending application to respondent’s province

(4) After reviewing the application and ensuring that it is complete, the designated authority referred to in subsection (3) shall send it to the designated authority of the province in which the applicant believes the respondent is habitually resident.

Sending application to competent authority in respondent’s province

(5) Subject to subsection (9), the designated authority that receives the application under subsection (4) shall send it to the competent authority in its province.

Provincial child support service

(6) If the competent authority is a provincial child support service, the amount of child support shall be calculated or recalculated in accordance with

section 25.01 or 25.1, as the case may be.

Service on respondent by court

(7) If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s obligation to provide documents or information as required by the applicable law.

Service not possible — returned application

(8) If the court or authorized person was unable to serve the documents under subsection (7), they shall return the application to the designated authority referred to in subsection (5).

Respondent resident in another province

(9) If the designated authority knows that the respondent is habitually resident in another province, it shall send the application to the designated authority of that province.

Respondent’s habitual residence unknown

(10) If the habitual residence of the respondent is unknown, the designated authority shall return the application to the designated authority referred to in subsection (3).

Applicant need not be served

(11) Service of the notice and documents or information referred to in subsection (7) on the applicant is not required.

Adjournment of proceeding

(12) If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order.

Request for further evidence

(13) If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the designated authority in the province of the applicant in order to obtain the evidence.

Dismissal of application

(14) If the further evidence required under subsection (13) is not received by the court within 12 months after the day on which the court makes a request to the designated authority, the court may dismiss the application referred to in subsection (3) and terminate the interim order. The dismissal of the application does not preclude the applicant from making a new application.

Order

(15) The court may, on the basis of the evidence and the submissions of the former spouses, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively.

Application of certain provisions

(16) Subsections 15.1(3) to (8) and 15.2(3) to (6),

section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (15).

Broad

interpretation of documents

(17) For greater certainty, if a court receives a document under this

section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad

interpretation to the document for the purpose of giving effect to it.

Conversion of Applications

Application to court

18.2

(1) If an application is made to a court in a province under paragraph 17(1)(

a) for a variation order in respect of a support order and the respondent habitually resides in a different province, the respondent may, within 40 days after being served with the application, request that the court convert the application into an application under subsection 18.1(3).

Conversion and sending of application

(2) Subject to subsection (3) and despite

section 5, the court that receives the request shall direct that the application made under paragraph 17(1)(a), along with the evidence in support of it, be considered as an application under subsection 18.1(3), and shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made.

Exception

(3) If the application under paragraph 17(1)(

a) is accompanied by an application under paragraph 17(1)(

b) for a variation order in respect of a parenting order, the court that receives the request shall issue the direction referred to in subsection (2) only if it considers it appropriate to do so in the circumstances.

Application of certain provisions

(4) Once the designated authority receives the copy of the application under subsection (2), subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of that application.

No action by respondent

18.3

(1) If an application is made to a court in a province under paragraph 17(1)(

a) for a variation order in respect of a support order, the respondent habitually resides in a different province and the respondent does not file an answer to the application or request a conversion under subsection 18.2(1), the court to which the application was made

(

a) shall hear and determine the application in accordance with

section 17 in the respondent’s absence, if it is satisfied that there is sufficient evidence to do so; or

(

b) if it is not so satisfied, may direct, despite

section 5, that the application, along with the evidence in support of it, be considered as an application under subsection 18.1(3), in which case it shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made.

Assignment of support order

(2) Before the court hears and determines an application under paragraph (1)(a), the court shall take into consideration

(

a) whether the support order has been assigned under subsection 20.1(1); and

(

b) if the support order has been assigned, whether the order assignee received notice of the application and did not request a conversion under subsection 18.2(1).

Application of certain provisions

(3) If paragraph (1)(

b) applies, then subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of the application.

Proceedings Between a Province and a Designated Jurisdiction

Receipt and Sending of Designated Jurisdictions’ Applications

If applicant resides in designated jurisdiction

(1) A former spouse who is resident in a designated jurisdiction may, without notice to the other former spouse,

(

a) commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or

(

b) request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service.

Procedure

(2) A proceeding referred to in paragraph (1)(

a) shall be governed by this

section and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act.

Application

(3) For the purposes of subsection (1), a former spouse shall submit, through the responsible authority in the designated jurisdiction, an application to the designated authority of the province in which the applicant believes the respondent is habitually resident.

Sending application to competent authority in respondent’s province

(4) After reviewing the application and ensuring that it is complete, the designated authority referred to in subsection (3) shall send it to the competent authority in its province.

Provincial child support service

(5) If the competent authority is a provincial child support service, the amount of child support shall be calculated or recalculated in accordance with

section 25.01 or 25.1, as the case may be.

Service on respondent by court

(6) If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s obligation to provide documents or information as required by the applicable law.

Service not possible — returned application

(7) If the court or authorized person was unable to serve the documents under subsection (6), they shall return the application to the designated authority referred to in subsection (3).

Return of application to responsible authority

(8) The designated authority shall return the application to the responsible authority in the designated jurisdiction.

Applicant need not be served

(9) Service of the notice and documents or information referred to in subsection (6) on the applicant is not required.

Adjournment of proceeding

(10) If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order.

Request for further evidence

(11) If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the responsible authority in the designated jurisdiction in order to obtain the evidence.

Dismissal of application

(12) If the further evidence required under subsection (11) is not received by the court within 12 months after the day on which the court makes the request to the designated authority, the court may dismiss the application referred to in subsection (3) and terminate the interim order. The dismissal of the application does not preclude the applicant from making a new application.

Order

(13) The court may, on the basis of the evidence and the submissions of the former spouses, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively.

Provisional order

(14) For greater certainty, if an application under paragraph (1)(

a) contains a provisional order that was made in the designated jurisdiction and does not have legal effect in Canada, the court may take the provisional order into consideration but is not bound by it.

Application of certain provisions

(15) Subsections 15.1(3) to (8) and 15.2(3) to (6),

section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (13).

Broad

interpretation of documents

(16) For greater certainty, if a court receives a document under this

section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad

interpretation to the document for the purpose of giving effect to it.

Recognition of Decisions of Designated Jurisdiction

Recognition of decision of designated jurisdiction varying support order

19.1

(1) A former spouse who is resident in a designated jurisdiction may, through the responsible authority in the designated jurisdiction, make an application to the designated authority of the province in which the respondent habitually resides for recognition and, if applicable, for enforcement, of a decision of the designated jurisdiction that has the effect of varying a support order.

Registration and recognition

(2) The decision of the designated jurisdiction shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.

Enforcement

(3) A decision that is recognized in accordance with the law of the province is deemed to be an order made under

section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

Legal Effect, Enforcement, Compliance and Assignment

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

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

Legal effect of orders and decisions throughout Canada

(2) An order made under this Act in respect of support, parenting time, decision-making responsibility or contact and a provincial child support service decision that calculates or recalculates the amount of child support under

section 25.01 or 25.1 have legal effect throughout Canada.

(2) The portion of subsection 20(3) of the Act before paragraph (

a) is replaced by the following:

Enforcement

(3) An order or decision that has legal effect throughout Canada under subsection (2) may be

(1) Subsection 20.1(1) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (

e) and by adding the following after paragraph (e):

(

f) a public body referred to in

Article 36 of the 2007 Convention , as defined in

section 28.

1997, c. 1, s. 9

(2) Subsection 20.1(2) of the French version of the Act is replaced by the following:

Droits

(2) Le ministre, le député, le membre ou l’administration à qui la créance alimentaire octroyée par une ordonnance a été cédée a droit aux sommes dues au

titre de l’ordonnance et a le droit, dans le cadre de toute procédure relative à la modification, l’annulation, la suspension ou l’exécution de l’ordonnance, d’en être avisé ou d’y participer au même

titre que la personne qui aurait autrement eu droit à ces sommes.

(3) Section 20.1 of the Act is amended by adding the following after subsection (2):

Rights — public body

(3) A public body referred to in paragraph (1)(

f) to whom a decision of a State Party that has the effect of varying a child support order has been assigned is entitled to the payments due under the decision, and has the same right to participate in proceedings under this Act, to recognize and enforce the decision or if the recognition of this decision is not possible, to obtain a variation order, as the person who would otherwise be entitled to the payments.

Definition of State Party

(4) For the purpose of subsection (3), State Party has the same meaning as in

section 28.

1990, c. 18, s. 2

Subsection 21.1(1) of the Act is repealed.

Subsections 22(1) and (2) of the Act are replaced by the following:

Recognition of foreign divorce

(1) A divorce granted, on or after the coming into force of this Act, by a competent authority shall be recognized for the purpose of determining the marital status in Canada of any person, if either former spouse was habitually resident in the country or subdivision of the competent authority for at least one year immediately preceding the commencement of proceedings for the divorce.

Recognition of foreign divorce

(2) A divorce granted after July 1, 1968 by a competent authority, on the basis of the domicile of the wife in the country or subdivision of the competent authority, determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for the purpose of determining the marital status in Canada of any person.

The Act is amended by adding the following after

section 22:

Recognition of foreign order that varies parenting or contact order

22.1

(1) On application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless

(

a) the child concerned is not habitually resident in the country other than Canada in which the competent authority is located or that competent authority of that other country would not have had jurisdiction if it applied substantially equivalent rules related to the jurisdiction as those that are set out in

section 6.3;

(

b) the decision was made, except in an urgent case, without the child having been provided with the opportunity to be heard, in violation of fundamental principles of procedure of the province;

(

c) a person claims that the decision negatively affects the exercise of their parenting time or decision-making responsibility or contact under a contact order, and the decision was made, except in an urgent case, without the person having been given an opportunity to be heard;

(

d) recognition of the decision would be manifestly contrary to public policy, taking into consideration the best interests of the child; or

(

e) the decision is incompatible with a later decision that fulfils the requirements for recognition under this section.

Effect of recognition

(2) The court’s decision recognizing the competent authority’s decision is deemed to be an order made under

section 17 and has legal effect throughout Canada.

Effect of non-recognition

(3) The court’s decision refusing to recognize the competent authority’s decision has legal effect throughout Canada.

The portion of subsection 22.1(1) of the Act before paragraph (

a) is replaced by the following:

Recognition of foreign order that varies parenting or contact order

22.1

(1) Subject to sections 30 to 31.3, on application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless

2002, c. 8, par. 183(1)(i)

Subsection 23(2) of the Act is replaced by the following:

Canada Evidence Act

(2) The Canada Evidence Act applies in respect of a proceeding before the Federal Court to determine, under subsection 3(3), 4(3), 5(3) or 6.2(3), which court retains jurisdiction.

The Act is amended by adding the following after

section 23:

Means of presenting submissions

23.1

If the parties to a proceeding are habitually resident in different provinces, a court of competent jurisdiction may, in accordance with any applicable rules regulating the practice and procedure in that court, make an order on the basis of the evidence and the submissions of the parties, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court.

22.1

The Act is amended by adding the following after

section 23:

Official languages

23.2

(1) A proceeding under this Act may be conducted in English or French, or in both official languages of Canada.

Language rights

(2) In any proceeding under this Act,

(

a) any person has the right to use either official language, including to

(

i) file pleadings or other documents,

(ii)

give evidence, or

(iii)

make submissions;

(

b) the court shall, at the request of any person, provide simultaneous

interpretation from one official language into the other;

(

c) any party to that proceeding has the right to a judge who speaks the same official language as that party or both official languages, as the case may be;

(

d) any party to that proceeding has the right to request a transcript or recording, as the case may be, of

(

i) what was said during that proceeding in the official language in which it was said, if what was said was taken down by a stenographer or a sound recording apparatus, and

(ii)

any

interpretation into the other official language of what was said; and

(

e) the court shall, at the request of any party to that proceeding, make available in that party’s official language of choice any judgment or order that is rendered or made under this Act and that relates to that party.

Original version prevails

(3) In the case of a discrepancy between the original version of a document referred to in paragraph (2)(

a) or (

e) and the translated text, the original version shall prevail.

Court forms

(4) The court forms relating to any proceedings under this Act shall be made available in both official languages.

1993, c. 8, s. 5

Paragraph 25(2)(b.1) of the Act is replaced by the following:

(b.1)

respecting the application of

section 23.1;

The Act is amended by adding the following after

section 25:

Provincial child support service — calculation of child support

25.01

(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 calculate the amount of child support in accordance with the applicable guidelines and set it out in a decision.

Application of law of province

(2) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section.

Effect of calculation by provincial child support service

(3) The amount of child support calculated under this

section is the amount payable by the spouse who is subject to a provincial child support service decision.

Liability

(4) A spouse who is subject to a provincial child support service decision becomes liable to pay the amount of child support calculated under this

section on the day, or on the expiry of a period, specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.

Disagreement with respect to amount

(5) Either or both spouses who do not agree with the amount of the child support calculated under this

section may apply to a court of competent jurisdiction for an order under

section 15.1 before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations.

Effect of application

(6) The liability to pay the amount of child support under subsection (4) continues while the determination of the application under subsection (5) is pending.

Recalculation of amount or application for order

(7) After a spouse subject to a provincial child support service decision becomes liable to pay an amount of child support under subsection (4), either or both spouses may have the amount of child support recalculated under

section 25.1 or apply to a court of competent jurisdiction for an order under

section 15.1.

1997, c. 1, s. 10; 1999, c. 31, s. 74(F)

(1) Subsection 25.1(1) of the Act is replaced by the following:

Provincial child support service — recalculation of child support

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 recalculate, in accordance with the applicable guidelines, the amount of child support orders on the basis of updated income information.

Application of law of province

(1.1) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section.

Deeming of income

(1.2) For the purposes of subsection (1), if a spouse does not provide the income information, a provincial child support service may deem the income of that spouse to be the amount determined in accordance with the method of calculation set out in the law of the province or, if no such method is specified, in accordance with the method prescribed by the regulations.

1997, c. 1, s. 10

(2) Subsections 25.1(3) and (4) of the Act are replaced by the following:

Effect of deeming of income

(2.1) Subject to subsection (5), the income determined under subsection (1.2) shall be deemed to be the spouse’s income for the purposes of the child support order.

Liability

(3) The spouse against whom a child support order was made becomes liable to pay the recalculated amount on the day, or on the expiry of the period specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.

Disagreement with recalculation

(4) If either or both spouses do not agree with the recalculated amount of the child support order, either or both of them may, before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations, apply to a court of competent jurisdiction

(

a) in the case of an interim order made under subsection 15.1(2), for an order under

section 15.1;

(

b) in the case of a provincial child support service decision made under

section 25.01, for an order under

section 15.1; or

(

c) in any other case, if they are former spouses, for an order under paragraph 17(1)(a).

1997, c. 1, s. 10

(3) Subsection 25.1(6) of the Act is replaced by the following:

Withdrawal of application

(6) If an application made under subsection (4) is withdrawn before it is determined, the spouse against whom the child support order was made becomes liable to pay the recalculated amount on the day on which the spouse would have become liable had the application not been made.

Definition of child support order

(7) In this section, child support order has the same meaning as in subsection 2(1) and also means an interim order made under subsection 15.1(2), a provincial child support service decision made under

section 25.01 and a variation order made under paragraph 17(1)(a).

The Act is amended by adding the following after

section 25.1:

Ministerial activities

25.2

The Minister of Justice may conduct activities related to matters governed by this Act, including undertaking research.

(1) The portion of subsection 26(1) of the French version of the Act before paragraph (

a) is replaced by the following:

Règlements

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

(2) Paragraphs 26(1)(

a) and (

b) of the Act are replaced by the following:

(

a) respecting the establishment, mandate and operation of a central registry of divorce proceedings;

(

b) providing for uniformity in the rules made under

section 25;

(

c) respecting the framework for the calculation or recalculation of the amount of child support by the provincial child support service under

section 25.01 or 25.1; and

(

d) prescribing any matter or thing that by this Act is to be or may be prescribed.

(3) Subsection 26(2) of the Act is replaced by the following:

Regulations prevail

(2) Regulations made under paragraph (1)(

b) prevail over rules made under

section 25.

1997, c. 1, s. 11

(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) Paragraph 26.1(1)(

h) of the Act is replaced by the following:

(

h) respecting the production of information relevant to an order for child support 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 18.1(15) or 19(13) in respect of a child support order.

(4) Subsection 26.1(3) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (

c) and by adding the following after paragraph (c):

(

d) an order made under subsection 28.5(5) or 29.1(5).

1997, c. 1, s. 12

Section 28 of the Act is repealed.

The Act is amended by adding the following after

section 27:

International Conventions

Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

Definitions

Definitions

The following

definitions apply in this

section and in sections 28.1 to 29.5.

2007 Convention means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007, set out in the schedule. ( Convention de 2007 )

Central Authority means any person or entity designated under

Article 4 of the 2007 Convention that is responsible for carrying out the duties that are imposed on it by the 2007 Convention. ( autorité centrale )

competent authority means a court that has the authority to make an order, or another entity that has the authority to make a decision, with respect to support under this Act. ( autorité compétente )

creditor means a former spouse to whom support is owed or who seeks to obtain support. ( créancier )

debtor means a former spouse who owes support or from whom support is sought. ( débiteur )

State Party means a State other than Canada in which the 2007 Convention applies. ( État

partie )

Implementation,

Interpretation and Application of the 2007 Convention

Force of law

28.1

(1) The provisions of the 2007 Convention have the force of law in Canada in so far as they relate to subjects that fall within the legislative competence of Parliament.

Inconsistency

(2) The 2007 Convention prevails over this Act and any other federal law to the extent of any inconsistency between them.

Explanatory Report

28.2

In interpreting the 2007 Convention, recourse may be had to the Explanatory Report on the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, adopted by the Twenty-First Session of the Hague Conference on Private International Law held from November 5 to 23, 2007.

Application

28.3

Sections 28.4 to 29.5 apply if either the creditor or the debtor, as the case may be, resides in a State Party and the other resides in a province in respect of which Canada has made a declaration extending the application of the 2007 Convention to that province. However, the application of those provisions does not exclude the application of the other provisions of this Act unless there is an indication to the contrary.

Application of Creditor to Central Authority

Recognition of State Party decision varying child support order

28.4

(1) A creditor may, through the Central Authority designated by the State Party in which the creditor resides, submit to the Central Authority in the province in which the debtor is habitually resident an application for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a child support order.

Spousal support order

(2) A creditor may also in the same manner submit an application for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a spousal support order if the application is also for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a child support order.

Registration and recognition

(3) The decision of the State Party is registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.

Enforcement

(4) A decision that is recognized in accordance with the law of the province is deemed to be an order made under

section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

Establishment or variation of child support order or calculation or recalculation of amount

28.5

(1) A creditor may, through the Central Authority designated by the State Party in which the creditor resides, submit to the Central Authority in the province in which the debtor is habitually resident an application to be sent to the competent authority in the province.

Types of applications

(2) An application may seek

(

a) to obtain or to vary a child support order; or

(

b) to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the debtor habitually resides provides such a service.

Sending of application

(3) The Central Authority shall, in accordance with the law of the province, send the application to the competent authority of that province.

Application of

section 19

(4) Subsections 19(5) to (12) and (16) apply with necessary modifications to the application except that a reference to a “respondent” shall be read as “debtor”, a reference to “designated authority” shall be read as “Central Authority in the province in which the debtor is habitually resident”, a reference to “responsible authority in the designated jurisdiction” shall be read as “Central Authority designated by the State Party in which the creditor resides” and “applicant” shall be read as “creditor”.

Order

(5) The court referred to in subsection 19(6) may, on the basis of the evidence and the submissions of the creditor and of the debtor, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a child support order or an order varying a child support order, retroactively or prospectively.

Application of certain provisions

(6) Subsections 15.1(3) to (8),

section 15.3 and subsections 17(3), (4), (6) to (6.5) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (5).

Exception

(7) Subsections (1) to (6) apply despite sections 4 and 5.

Application of Debtor to Central Authority

Recognition of State Party decision suspending or limiting enforcement of child support order

(1) A debtor may, through the Central Authority designated by the State Party in which the debtor resides, submit to the Central Authority in the province in which the creditor is habitually resident an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a child support order.

Spousal support order

(2) A debtor may also in the same manner submit an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a spousal support order, if the application is also for recognition of a decision of the State Party that has the effect of suspending or limiting the enforcement of a child support order.

Registration and recognition

(3) The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, apply in respect of the recognition of the decision.

Enforcement

(4) A decision that is recognized in accordance with the law of the province is deemed to be an order made under

section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

Variation of child support order or recalculation of amount

29.1

(1) A debtor may, through the Central Authority designated by the State Party in which the debtor resides, submit to the Central Authority in the province in which the creditor is habitually resident an application to be sent to the competent authority in the province.

Types of applications

(2) An application may seek

(

a) to vary a child support order; or

(

b) to have the amount of child support recalculated, if the provincial child support service in the province in which the creditor habitually resides provides such a service.

Sending of application

(3) The Central Authority shall, in accordance with the law of the province, send the application to the competent authority of that province.

Application of

section 19

(4) Subsections 19(5) to (12) and (16) apply with necessary modifications to the application except that a reference to a “respondent” shall be read as “creditor”, a reference to “designated authority” shall be read as “Central Authority in the province in which the creditor is habitually resident”, a reference to “responsible authority in the designated jurisdiction” shall be read as “Central Authority designated by the State Party in which the debtor resides” and “applicant” shall be read as “debtor”.

Order

(5) The court referred to in subsection 19(6) may, on the basis of the evidence and the submissions of the creditor and of the debtor, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make an order varying a child support order, retroactively or prospectively.

Application of certain provisions

(6) Subsections 17(3), (4), (6) to (6.5) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (5).

Exception

(7) Subsections (1) to (6) apply despite

section 5.

Spousal Support Orders

Declaration in respect of a province

29.2

If Canada declares under

Article 2 of the 2007 Convention that the application of Chapters II and III of that Convention is to extend, in respect of a province, to spousal support orders, the applications described in sections 28.4 to 29.1 of this Act may also be made in respect of those orders and in that case those sections apply with any necessary modifications.

Application of Creditor to Court

Recognition of State Party decision varying support order

29.3

(1) A creditor may submit to a court in the province in which the debtor is habitually resident an application for recognition — and, if applicable, for enforcement — of a decision of a State Party that has the effect of varying a support order.

Registration and recognition

(2) The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.

Enforcement

(3) A decision that is recognized in accordance with the law of the province is deemed to be an order made under

section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

Application of Debtor to Court

Recognition of State Party decision suspending or limiting enforcement of support order

29.4

(1) A debtor may submit to a court in the province in which the creditor is habitually resident an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a support order.

Registration and recognition

(2) The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.

Enforcement

(3) A decision that is recognized in accordance with the law of the province is deemed to be an order made under

section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

Limits on Divorce Proceedings

Support decision obtained in State Party

29.5

(1) If a divorce proceeding is commenced in the province in which the debtor is habitually resident, the court of competent jurisdiction is not authorized to make an order under

section 15.1 if the creditor has, in the State Party in which the creditor habitually resides, obtained a decision that requires the debtor to pay for the support of any or all of the children of the marriage.

Exceptions

(2) Subsection (1) does not apply if

(

a) the creditor accepts the jurisdiction of the court, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

(

b) the decision-making authority that made the decision in the State Party has no jurisdiction to vary the decision or make a new one or refuses to exercise its jurisdiction to do so; or

(

c) the decision cannot be recognized or declared enforceable in the province in which the debtor is habitually resident.

The Act is amended by adding the following before the heading before

section 32:

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children

Definitions

Definitions

The following

definitions apply in this

section and in sections 30.1 to 31.3.

1996 Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996, set out in the schedule. ( Convention de 1996 )

State Party means a State other than Canada in which the 1996 Convention applies. ( État

partie )

Implementation,

Interpretation and Application of the 1996 Convention

Force of law

30.1

(1) The provisions of the 1996 Convention have the force of law in Canada in so far as they relate to subjects that fall within the legislative competence of Parliament.

Inconsistency

(2) The 1996 Convention prevails over this Act and any other federal law to the extent of any inconsistency between them.

Explanatory Report

30.2

In interpreting the 1996 Convention, recourse may be had to the Explanatory Report on the 1996 Hague Child Protection Convention, adopted by the Eighteenth Session of the Hague Conference on Private International Law that was held from September 30 to October 19, 1996.

Application

30.3

Sections 30.4 to 31.3 only apply in a province if

(

a) Canada has made a declaration extending the application of the 1996 Convention to that province; and

(

b) the child of the marriage concerned is under 18 years of age.

Jurisdiction

Child habitually resident in State Party

30.4

If a child concerned is habitually resident in a State Party, a court in a province does not have jurisdiction to hear and determine an application in respect of the child for a parenting order, a contact order or a variation order in respect of either such order, except in the circumstances set out in

section 30.6, 30.7, 30.9 or 31.

Wrongful removal or retention

30.5

In the case of a wrongful removal or retention, as defined in

Article 7(2) of the 1996 Convention, a court in a province has jurisdiction to hear and determine an application for a parenting order, a contact order or a variation order in respect of such orders only if the child has become habitually resident in that province and the conditions set out in subparagraphs 7(1)(

a) or (

b) of that Convention have been met.

Child present in province

30.6

If one or more of the circumstances set out in

Article 6 of the 1996 Convention exist and the child is present in a province, a court in that province that would otherwise have jurisdiction under any of sections 3 to 5 of this Act has jurisdiction to hear and determine an application in respect of the child for a parenting order, a contact order or a variation order in respect of either such order.

Divorce proceeding — child habitually resident in State Party

30.7

(1) For the purposes of

Article 10 of the 1996 Convention, if the child is habitually resident in a State Party, a court in a province that would otherwise have jurisdiction under

section 3 of this Act has jurisdiction to make a parenting order or contact order in respect of the child if

(

a) at least one of the spouses has parental responsibility in respect of the child;

(

b) the spouses and any other person who has parental responsibility accept the jurisdiction of the court; and

(

c) the court is satisfied that it is in the best interests of the child to exercise jurisdiction.

Definition of parental responsibility

(2) For the purposes of subsection (1), parental responsibility has the same meaning as in

Article 1(2) of the 1996 Convention.

Transfer of Jurisdiction

State Party better placed to assess child’s best interests

30.8

For the purposes of Articles 8 and 9 of the 1996 Convention, a court in the province in which a child is habitually resident that would otherwise have jurisdiction under any of sections 3 to 6 of this Act, or that has jurisdiction under

section 30.6 of this Act, may decline to exercise jurisdiction to make, in respect of the child, a parenting order, a contact order or a variation order in respect of such an order if the conditions of

Article 8 or 9, as the case may be, are fulfilled and there is agreement between the court and the competent authority of a State Party that the latter will have jurisdiction.

Canadian court better placed to assess child’s best interests

30.9

For the purposes of Articles 8 and 9 of the 1996 Convention, only the court in a province that would otherwise have jurisdiction under any of sections 3 to 5 of this Act may exercise jurisdiction to make a parenting order, a contact order or a variation order in respect of such orders if the conditions of

Article 8 or 9, as the case may be, are fulfilled and there is agreement between the competent authority of a State Party and the court that the latter will have jurisdiction.

Urgency

Urgent cases

For the purposes of

Article 11 of the 1996 Convention, a court in a province that does not have jurisdiction under sections 30.4 to 30.9 of this Act but that would otherwise have jurisdiction under any of sections 3 to 5 of this Act, may, in urgent cases, make a parenting order, a contact order or a variation order in respect of either such order if the child who would be the subject of the order is present in that province.

Recognition

Recognition by operation of law

31.1

(1) For the purposes of

Article 23 of the 1996 Convention, a measure taken by a competent authority of a State Party is a measure that has the effect of varying, rescinding or suspending a parenting order or contact order.

Measure taken deemed to be variation order

(2) A measure taken by a competent authority of a State Party that is recognized by operation of law under

Article 23(1) of the 1996 Convention is deemed to be an order made under

section 17 of this Act.

Extent of validity

(3) Despite subsection 20(2), the measure referred to in subsection (2) is valid only in any province to which the 1996 Convention applies.

Jurisdiction respecting recognition

31.2

(1) For the purposes of

Article 24 of the 1996 Convention and on application by an interested person, a court in a province has jurisdiction to decide on the recognition of a measure referred to in

section 31.1 of this Act if there is a sufficient connection between the matter and the province.

Effect of recognition

(2) The court’s decision recognizing the measure is deemed to be an order made under

section 17 and has legal effect throughout Canada.

Effect of non-recognition

(3) The court’s decision refusing to recognize the measure has legal effect throughout Canada.

Enforcement

31.3

For the purposes of

Article 26 of the 1996 Convention, a measure taken by a competent authority of a State Party that is enforceable in that State Party and that is to be enforced in a province may, on application by an interested person,

(

a) be declared to be enforceable by a court in the province and enforced in that province as an order of that court; or

(

b) be registered for the purposes of enforcement in the court in that province and enforced in that province as an order of that court.

Section 33 of the Act is repealed.

1997, c. 1, s. 14

(1) The portion of subsection 34(1) of the Act before paragraph (

b) is replaced by the following:

Variation and enforcement of orders previously made

(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, 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 under 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, parenting order or contact order, as the case may be; and

1997, c. 1, s. 14

(2) Subsections 34(2) and (3) of the Act are replaced by the following:

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, 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 16.1 or 16.5 of this Act, as the case may be.

Assignment of orders previously made

(3) Any order for the maintenance of a spouse, former 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, 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 under subsection 22(2) of that Act may be assigned to any minister, member or agency designated under

section 20.1.

The Act is amended by adding the following after

section 35.1:

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.

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.

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.

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.

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.

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.

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.

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.

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).

The Act is amended by adding, after

section 36, the

schedule set out in

Schedule 1 to this Act.

The

schedule to the Act is renumbered as

Schedule 1.

The

schedule set out in

Schedule 2 to this Act is renumbered as

Schedule 2.

The Act is amended by adding, after Sche­dule 1, the

Schedule 2 set out in

Schedule 2 to this Act.

The reference to “the schedule” in the definition 2007 Convention in

section 28 of the Act is replaced by a reference to “Schedule 1”.

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

2000, c. 12, s. 115

The

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

An Act respecting the release of information, garnishment of moneys payable by Her Majesty in right of Canada and denial of licences in relation to family orders

(1) The

definitions access right , court , order and provincial information bank in

section 2 of the Act are repealed.

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 means a provision of an order providing for custody of a child; ( disposition de garde )

family provision means a support provision, a parenting provision, a contact provision, a custody provision or an access provision; ( disposition familiale )

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 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 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 means a provision of an order providing for access to a child; ( disposition prévoyant l’accè

s) 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 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 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 désigné

e) information bank means an information bank that is designated by the regulations; ( fichier )

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 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:

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.

Paragraph 4(

b) of the Act is repealed.

Section 5 of the Act is replaced by the following:

Designation

The Minister and a province may designate, in an agreement made under

section 3, one or more provincial child support services, provincial enforcement services, designated authorities and central authorities for the purposes of this Part.

Agreement with police force

5.1

(1) The Minister may, on behalf of the Government of Canada, enter into an agreement with any police force in Canada for the search for and the release of information under this Part.

Contents of agreement

(2) The agreement must provide for the establishment of safeguards for the protection of information released under this Part.

1993, c. 8, ss. 6 to 9, ss. 10(1), (2), (4) and (5) and s. 11; 1997, c. 1, s. 17 and 18; 2005, c. 38, s. 146; 2012, c. 19, subpar. 695(d)(ii); 2013, c. 40, par. 237(1)(

g) The heading before

section 7 and sections 7 to 17 of the Act are replaced by the following:

Applications for the Release of Information

General Provisions

Form of application

6.1

An application under this Part for the release of information must be in the form approved by the Minister and contain the information prescribed by the regulations.

Provincial enforcement service acting on behalf of other entities

6.2

For the purposes of this Part, a provincial enforcement service may act on behalf of a provincial child support service, designated authority or central authority.

Court

Application to court

Any person, body or service that is seeking to have a support provision established or varied or that is entitled to have a family provision enforced may, on application, which may be made ex parte , request that a court authorize an official of the court to make an application under

section 12.

Contents of application — establishment or variation of support provision

(1) The application under

section 7 in relation to the establishment or variation of a support provision must be accompanied by

(

a) an affidavit that sets out the reasons for the making of the application; and

(

b) in the case of an application in relation to the variation of a support provision, a copy of the order that contains the support provision.

Ex parte application

(2) If the application is made ex parte , the affidavit referred to in paragraph (1)(

a) must also

(

a) state that reasonable steps have been taken to locate the person in respect of whom the applicant is seeking to have a support provision established or varied and that the person has not been located; and

(

b) set out the particulars of those reasonable steps.

Ex parte application by individual

(3) If the application is made ex parte by an individual,

(

a) the application must also be accompanied by the results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)(ii), if any; and

(

b) the affidavit referred to in paragraph (1)(

a) must also

(

i) state that the sole purpose of the application is to obtain information for the establishment or variation of a support provision,

(ii)

state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person referred to in paragraph 2(a), or with the child or children that is, are or may be the subject of the support provision, or there is a proceeding respecting such a restriction,

(iii)

state whether or not the applicant has caused or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and

(iv)

state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.

Contents of application — enforcement of family provision

(1) The application under

section 7 in relation to the enforcement of a family provision must be accompanied by

(

a) an affidavit that

(

i) sets out the reasons for the making of the application,

(ii)

alleges a breach of the family provision, and

(iii)

sets out particulars of the breach and identifies the person who

(

A) if the family provision is a support provision, is in arrears, or

(

B) if the family provision is a parenting provision, contact provision, custody provision or access provision, is believed to have with them the child or children who is or are the subject of the provision; and

(

b) a copy of the order containing the family provision.

Ex parte application

(2) If the application is made ex parte , the affidavit referred to in paragraph (1)(

a) must also

(

a) state that reasonable steps have been taken to locate the person, child or children referred to in subparagraph (1)(a)(iii) and that the person, child or children has or have not been located; and

(

b) set out the particulars of those reasonable steps.

Ex parte application by individual

(3) If the application is made ex parte by an individual,

(

a) the application must also be accompanied by the results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)(ii), if any; and

(

b) the affidavit referred to in paragraph (1)(

a) must also

(

i) state that the sole purpose of the application is to obtain information to enforce the family provision,

(ii)

state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person, child or children referred to in subparagraph (1)(a)(iii), or there is a proceeding respecting such a restriction,

(iii)

state whether or not the applicant has caused or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and

(iv)

state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.

Authorization

A court seized of a valid application under

section 7 may make an order in writing authorizing an official of the court to make an application under

section 12, if the court is satisfied

(

a) that the sole purpose of the application is to obtain information for the establishment or variation of a support provision or the enforcement of a family provision;

(

b) that the order is not likely to jeopardize the safety or security of any person; and

(

c) in the case of an ex parte application, that the steps referred to in paragraph 8(2)(

a) or paragraph 9(2)(a), as the case may be, have been taken.

Non-disclosure of order

In the case of an application made ex parte by an individual, the court may order that the Minister shall not, under

section 12.1, send to the person referred to in paragraph 8(2)(

a) or 9(2)(a), as the case may be, a copy of the order that authorizes the making of the application and a notice informing them that information will be released.

Application for release of information

(1) An official who is authorized to do so under

section 10 may apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the official.

Supporting documents

(2) The application must be accompanied by a copy of the order made under

section 10 that authorizes the making of the application.

Release of information — duty to inform

12.1

Unless the court orders otherwise, if the application is made ex parte by an individual, the Minister shall release information under this Part to the official who made the application only if the Minister has sent to the person referred to in paragraph 8(2)(

a) or 9(2)(

a) a copy of the order that authorizes the making of the application and a notice informing them that information will be released.

Information given to court

(1) If information is released under this Part to an official who is authorized under

section 10 to apply for the release under

section 12, the official shall give the information to the court that granted the authorization.

Sealing of information

(2) The information received by the official and subsequently given to the court shall be sealed and kept in a location to which the public has no access.

Disclosure of information

(3) The court may, for the purpose of establishing or varying a support provision or enforcing a family provision, disclose the information to any person, service or body or official of the court that it considers appropriate and may make any order to protect the confidentiality of the information.

Peace Officer

Application for release of information

(1) A peace officer who is investigating a child abduction under

section 282 or 283 of the Criminal Code may apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the peace officer.

Supporting documents

(2) The application must be accompanied by an affidavit submitted by the peace officer in accordance with subsection (3).

Contents of affidavit

(3) The affidavit must

(

a) state that the officer has reasonable grounds to believe that an offence referred to in

section 282 or 283 of the Criminal Code has been committed;

(

b) state that the information will be used in the investigation of the offence;

(

c) identify the person who is believed to have committed the offence and the child or children who is or are alleged to have been abducted; and

(

d) state that reasonable steps have been taken to locate the person, child or children and that the person, child or children has or have not been located, and set out particulars of those reasonable steps.

Provincial Enforcement Service

Application for release of information

(1) A provincial enforcement service may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the provincial enforcement service.

Purposes

(2) An application may be made

(

a) to obtain information about a person who is in arrears under a support provision in order to enforce the provision;

(

b) to locate a person who is in breach of a parenting provision, a contact provision, a custody provision or an access provision and who is believed to have with them the child or children who is or are the subject of the provision; or

(

c) to locate a creditor or debtor under a support provision.

Provincial Child Support Service

Application for release of information

15.1

A provincial child support service may, in order to calculate or recalculate the amount of child support, apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the re