An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (S.C. 2019, c. 16)
Full Document:
- HTMLFull Document: 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 (Accessibility Buttons available) |
- PDFFull Document: 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 [1448 KB]
Assented to 2019-06-21
R.S., c. 4 (2nd Supp.)Family Orders and Agreements Enforcement Assistance Act (continued)
Marginal note:1993, c. 8, s. 12
47 Sections 18 to 19.1 of the Act are replaced by the following:
Marginal note:Release of information — information banks
18 Subject to the regulations, information in an information bank may be released by one information bank director to another information bank director or to the Minister to assist in conducting a search under this Part.
Marginal note:Transmission of information to Minister
19 If information requested under this Part is found in an information bank, the information bank director of that information bank shall cause to be transmitted to the Minister, in accordance with the regulations, all information obtained during the search.
Marginal note:Release of information by Minister
19.1 Subject to section 20, the Minister shall release to the applicant the information transmitted to the Minister under this Part.
48 Section 20 of the Act is replaced by the following:
Marginal note:Safeguards — provincial entities
20 (1) The Minister shall release information under this Part to an applicant that is a provincial enforcement service, a provincial child support service, a designated authority or a central authority only if the province of the applicant has entered into an agreement under section 3 and the Minister is satisfied that the safeguards provided for in the agreement are in place.
Marginal note:Safeguards — peace officer
(2) The Minister shall release information under this Part to an applicant who is a peace officer only if the police force to which the officer belongs has entered into an agreement under section 5.1 and the Minister is satisfied that the safeguards provided for in the agreement are in place.
Marginal note:Search request — Minister’s own initiative
20.1 If a search request is made by the Minister on the Minister’s own initiative under subsection 17(2), the Minister may release the information to a person that the Minister considers appropriate.
49 (1) The portion of section 22 of the Act before paragraph (a.1) is replaced by the following:
Marginal note:Regulations by Governor in Council
22 Subject to subsection (2), the Governor in Council may make regulations
(a) prescribing the information that must be contained in an application for the release of information under this Part;
Marginal note:1997, c. 1, s. 20
(2) Paragraph 22(a.1) of the English version of the Act is replaced by the following:
(a.1) prescribing the time and manner in which an application for the searching of information banks and the release of information under this Part may be made;
(3) Paragraph 22(b) of the Act is replaced by the following:
(b) designating the information banks that may be searched under this Part and the information bank directors for those information banks;
(4) Paragraph 22(c) of the English version of the Act is replaced by the following:
(c) setting out the time and manner in which searches for information under this Part are to be conducted;
(5) Paragraph 22(d) of the Act is replaced by the following:
(d) prescribing the conditions under which information may be released under section 18 by one information bank director to another or to the Minister;
(d.1) prescribing the information that is released to an applicant under this Part, which information may vary according to the applicant to whom the information is released;
(6) Section 22 of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(7) Section 22 of the Act is renumbered as subsection 22(1) and is amended by adding the following:
Marginal note:Limitation
(2) Regulations with respect to the release of taxpayer information, as defined in section 241 of the Income Tax Act, may be made under subsection (1) only on the recommendation of the Minister with the concurrence of the Minister of Finance.
50 The heading of Part II of the Act is replaced by the following:
Garnishment of Federal Moneys to Satisfy Orders
51 (1) The definitions support order and support provision in subsection 23(1) of the Act are repealed.
(2) The definitions garnishee summons and provincial garnishment law in subsection 23(1) of the Act are replaced by the following:
- garnishee summons
garnishee summons includes any document that is of a similar nature to a garnishee summons, including a court order and a document in respect of maintenance, alimony or support issued by a provincial enforcement service; (bref de saisie-arrêt)
- provincial garnishment law
provincial garnishment law means the law of a province relating to garnishment as it applies to the enforcement of orders; (droit provincial en matière de saisie-arrêt)
(3) Subsection 23(1) of the Act is amended by adding the following in alphabetical order:
- provincial enforcement service
provincial enforcement service has the same meaning as in section 2; (autorité provinciale)
(4) Subsection 23(1) of the Act is amended by adding the following in alphabetical order:
- order
order means any of the following — whether interim or final — that is enforceable in a province:
(a) an order, judgment, decision or agreement for maintenance, alimony or support,
(b) an order or judgment respecting expenses that are incurred as a result of the denial of, or the failure to exercise, parenting time, custody, access or contact, or
(c) an order, judgment or agreement respecting expenses that are related to the exercise of parenting time, custody or access in the case of the child’s relocation, as defined in subsection 2(1) of the Divorce Act or provincial law; (ordonnance)
52 Section 24 of the Act is replaced by the following:
Marginal note:Her Majesty may be garnisheed
24 Despite any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the enforcement of orders, be garnisheed in accordance with this Part in respect of all garnishable moneys.
53 Section 27 of the Act is replaced by the following:
Marginal note:Location of garnishable moneys
27 For the purposes of this Part, garnishable moneys are deemed to be located in the province in which a garnishee summons is issued in respect of the moneys.
Marginal note:1993, c. 8, s. 15; 1997, c. 1, s. 21
54 Sections 28 and 29 of the Act are replaced by the following:
Marginal note:Service binds Her Majesty for 12 years
28 Subject to the provisions of this Part and the regulations, service on the Minister of an application in the form approved by the Minister that contains the information prescribed by the regulations and of a garnishee summons binds Her Majesty for 12 years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.
Marginal note:Calculation of 12-year period
29 For the purposes of section 28, the 12-year period begins on the expiry of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister.
- Date modified: