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)

Marginal note:1997, c. 1, s. 22

• 70 (1) The definition support provision in section 62 of the Act is repealed.

• Marginal note:1997, c. 1, s. 22

  (2) The definitions debtor, persistent arrears and support order in section 62 of the Act are replaced by the following:

  debtor

  debtor means a person who is in arrears under a support order. (débiteur)

  support order

  support order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province for maintenance, alimony or support. (ordonnance alimentaire)

  persistent arrears

  persistent arrears, in respect of a support order, means

  • (a) arrears in any amount due to the failure to make in full the payments required in respect of any three payment periods, within the meaning of the support order, or

  • (b) accumulated arrears of $3,000 or more. (être en défaut de façon répétée)

Marginal note:1997, c. 1, s. 22

71 Section 63 of the Act is replaced by the following:

Marginal note:1997, c. 1, s. 22

72 Section 64 of the Act is replaced by the following:

Marginal note:1997, c. 1, s. 22

• 73 (1) The portion of subsection 67(1) of the English version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Application

  • 67 (1) If a debtor is in persistent arrears, a provincial enforcement service may apply to the Minister requesting that the following actions be taken:

• Marginal note:1997, c. 1, s. 22

  (2) Subsection 67(2) of the Act is replaced by the following:

  • Marginal note:Contents of application

    (2) An application must be in the form approved by the Minister and must contain the prescribed information.

• Marginal note:1997, c. 1, s. 22

  (3) The portion of subsection 67(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Statement

    (3) An application must contain a statement by an officer of the provincial enforcement service confirming the following:

• Marginal note:1997, c. 1, s. 22

  (4) Paragraph 67(3)(a) of the English version of the Act is replaced by the following:

  • (a) that the provincial enforcement service is satisfied that the debtor is in persistent arrears;

• Marginal note:1997, c. 1, s. 22

  (5) Paragraph 67(3)(b) of the Act is replaced by the following:

  • (b) that the provincial enforcement service has made reasonable attempts to enforce the support order before making the licence denial application; and

• Marginal note:1997, c. 1, s. 22

  (6) Subparagraph 67(3)(c)(i) of the English version of the Act is replaced by the following:

  • (i) stating that the provincial enforcement service has reasonable grounds to believe that the debtor is in persistent arrears,

Marginal note:1997, c. 1, s. 22

74 Section 68 of the Act and the heading before it are replaced by the following:

75 The Act is amended by adding the following after section 68:

Marginal note:1997, c. 1, s. 22

• 76 (1) Subparagraphs 72(1)(a)(i) and (ii) of the Act are replaced by the following:

  • (i) is no longer in arrears under all support orders against the debtor that are enforced by a licence denial application,

  • (ii) is complying, in respect of those support orders, with a payment plan that the provincial enforcement service considers reasonable, or

• Marginal note:1997, c. 1, s. 22

  (2) Paragraph 72(1)(b) of the Act is replaced by the following:

  • (b) the provincial enforcement service ceases to enforce those support orders against the debtor.

• Marginal note:1997, c. 1, s. 22

  (3) Subsection 72(2) of the Act is replaced by the following:

  • Marginal note:Request — form and manner

    (2) A request under subsection (1) must be made to the Minister in the prescribed manner and in the form approved by the Minister.

Marginal note:1997, c. 1, s. 22

77 Section 77 of the Act and the heading before it are repealed.

Marginal note:1997, c. 1, s. 22

78 Section 78 of the Act is replaced by the following:

Marginal note:1997, c. 1, s. 22

79 The heading of Part IV of the Act is replaced by the following:

Marginal note:1997, c. 1, s. 22

80 Section 80 of the Act is replaced by the following: