An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (S.C. 2019, c. 16)
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Assented to 2019-06-21
R.S., c. G-2Garnishment, Attachment and Pension Diversion Act (continued)
119 Item 13 of the schedule to the Act is repealed.
Transitional Provisions
Marginal note:Family Orders and Agreements Enforcement Assistance Act
120 (1) In this section, other Act means the Family Orders and Agreements Enforcement Assistance Act.
Marginal note:Former Part I of other Act
(2) Part I of the other Act, as it read immediately before the day on which section 46 of this Act comes into force, applies to an application made before that day under any of sections 7 to 14 of the other Act and with respect to which the 12-month period set out in section 17 of the other Act has not expired on that day.
Marginal note:Former sections 28 and 29 of other Act
(3) Sections 28 and 29 of the other Act, as it read immediately before the day on which section 54 of this Act comes into force, applies to a garnishee summons and an application served on Her Majesty in right of Canada under section 28 of the other Act before that day and which bind Her Majesty in right of Canada on or after that day.
Marginal note:Garnishment, Attachment and Pension Diversion Act — garnishee summons
121 Subsections 6(2) and 18(2) of the Garnishment, Attachment and Pension Diversion Act (“other Act”), as they read immediately before the day on which section 85 of this Act comes into force, apply to a garnishee summons served under the other Act before that day.
R.S., c. C-46Consequential Amendments to the Criminal Code
Marginal note:2004, c. 15, s. 108
122 Subparagraph (a)(li) of the definition offence in section 183 of the Criminal Code is replaced by the following:
(li) section 282 (abduction in contravention of custody order or parenting order),
Marginal note:1993, c. 45, s. 4
123 Section 282 of the Act is replaced by the following:
Marginal note:Abduction in contravention of custody or parenting order
282 (1) Every one who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, in contravention of a custody order or a parenting order made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that child, of the possession of that child is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
Marginal note:If no belief in validity of custody order or parenting order
(2) If a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order or parenting order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under that section.
Marginal note:1993, c. 45, s. 5
124 The portion of subsection 283(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Abduction
283 (1) Everyone who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, whether or not there is an order referred to in subsection 282(1) in respect of the child , with intent to deprive a parent, guardian or any other person who has the lawful care or charge of that child, of the possession of that child, is guilty of
Coordinating Amendments
Marginal note:Divorce Act — Sections 30 and 31
125 (1) If section 31 comes into force before section 30,
(a) sections 37 to 41 are deemed never to have come into force and are repealed;
(b) the Divorce Act is amended by adding, after section 36, the schedule set out in Schedule 2 to this Act; and
(c) section 36 is replaced by the following:
36 (1) The schedule set out in Schedule 1 to this Act is renumbered as Schedule 2.
(2) The schedule to the Act is renumbered as Schedule 1.
(3) The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 1 to this Act.
(4) The reference to “the schedule” in the definition 2007 Convention in section 28 of the Act is replaced by a reference to “Schedule 2”.
(5) The reference to “the schedule” in the definition 1996 Convention in section 30 of the Act is replaced by a reference to “Schedule 1”.
(2) If sections 30 and 31 come into force on the same day, then that section 30 is deemed to have come into force before that section 31.
Coming into Force
Marginal note:Order in council
126 (1) Subsections 1(1) to (4), (6) and (7), sections 2 to 6, 8 to 15, subsection 16(2), sections 17 to 19, 21, 22 and 23 to 25, subsection 28(3) and sections 32 to 35 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Subsections 16(1) and (3) and 28(4) and sections 30 and 36 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (1).
Marginal note:Order in council
(3) Subsection 1(5) and sections 7, 20, 31 and 37 to 41 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (1).
Marginal note:Order in council
(3.1) Section 22.1 comes into force in one or more provinces on a day or days to be fixed by order of the Governor in Council.
Marginal note:Order in council
(4) Sections 43, 45, 46 and 48 and subsections 49(1), (3) and (5) to (7) come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(5) Subsections 51(1) and (4), sections 52, 54 and 66 and subsections 69(2) and (6) come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(6) Subsections 73(2) to (6), section 74 and subsection 76(3) come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(7) Subsections 105(1), 106(2), 111(2) to (4) and 115(3) and (5) come into force on a day to be fixed by order of the Governor in Council.
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