Family Orders and Agreements Enforcement Assistance Act (R.S.C., 1985, c. 4 (2nd Supp.))

AMENDMENTS NOT IN FORCE

• — 2019, c. 16, s. 51

  • • 51 (1) The definitions support order and support provision in subsection 23(1) of the Act are repealed.

    • (2) and (3) [In force]

    • (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)

• — 2019, c. 16, s. 52

  • 52 Section 24 of the Act is replaced by the following:

    • 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.

• — 2019, c. 16, s. 54

  • 1993, c. 8, s. 15; 1997, c. 1, s. 21

    54 Sections 28 and 29 of the Act are replaced by the following:

    • 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.

    • 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.

• — 2019, c. 16, s. 66

  • 66 Section 53 of the Act is replaced by the following:

    • Multiple garnishee summonses

      53 If more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor, the garnishee summonses shall be honoured in the manner specified in the regulations.

• — 2019, c. 16, s. 69

  • 1993, c. 8, s. 18(1)

    • 69 (1) [In force]

    • (2) Subsection 61(b) of the Act is replaced by the following:

      • (b) prescribing the information that must be contained in an application referred to in section 28;

    • (3) to (5) [In force]

    • (6) Paragraph 61(h) of the Act is replaced by the following:

      • (h) respecting the manner in which garnishee summonses must be honoured where there is more than one garnishee summons in respect of the same judgment debtor;

    • (7) [In force]