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:2017, c. 20, s. 169

• 99 (1) Subsection 24(a) of the Act is replaced by the following:

  • (a) specifying the place where service of documents on the parliamentary entities must be effected in connection with garnishment proceedings permitted by this Division;

  • (a.1) respecting methods of service of documents and providing for the day on which service of documents on the parliamentary entities is deemed to be effected;

• (2) Section 24 of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:

  • (b.1) specifying periods and circumstances for the purpose of subsection 18(3); and

Marginal note:2017, c. 20, s. 170

100 Section 26 of the Act is replaced by the following:

101 Section 28 of the Act is replaced by the following:

102 Section 30 of the English version of the Act is replaced by the following:

103 The heading of Part II of the French version of the Act is replaced by the following:

104 Section 31 of the Act is replaced by the following:

Marginal note:1997, c. 1, s. 32(1)

• 105 (1) The definition application in subsection 32(1) of the Act is repealed.

• (2) The definition prescrit ou réglementaire in subsection 32(1) of the French version of the Act is repealed.

• Marginal note:1997, c. 1, s. 32; 2000, c. 12, s. 120

  (3) The definitions financial support order, Minister, pension benefit and recipient in subsection 32(1) of the Act are replaced by the following:

  financial support order

  financial support order means, subject to subsection (2), an order, judgment, decision or agreement for maintenance, alimony or support — whether interim or final — that is enforceable in a province; (ordonnance de soutien financier)

  Minister

  Minister means the Minister or Ministers designated under section 40.2; (ministre)

  pension benefit

  pension benefit means

  • (a) any of the following benefits payable under an enactment that is listed in the schedule:

    • (i) a pension,

    • (ii) an annual allowance,

    • (iii) an annuity,

    • (iv) a lump sum return of pension contributions, including interest, if any,

    • (v) a gratuity,

    • (vi) a cash termination allowance,

    • (vii) a withdrawal allowance, including interest, if any,

    • (viii) a transfer value, or

    • (ix) a bridge benefit, and

  • (b) any benefit payable under the Supplementary Retirement Benefits Act or the Public Service Pension Adjustment Act, chapter P-33 of the Revised Statutes of Canada, 1970, in respect of a pension, annual allowance or annuity referred to in paragraph (a); (prestation de pension)

  recipient

  recipient means

  • (a) in respect of a benefit referred to in any of subparagraphs (a)(i) to (vii) of the definition pension benefit, a child or other person to whom the benefit is immediately payable, but does not include a child or other person whose entitlement to the benefit is based on their status as a survivor of the person who was originally entitled to the benefit or would have been entitled to it had death not intervened, or

  • (b) in respect of a benefit referred to in subparagraph (a)(viii) or (ix) of the definition pension benefit, a person who is entitled to the benefit. (prestataire)

• (4) Subsection 32(1) of the Act is amended by adding the following in alphabetical order:

  Her Majesty

  Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

  provincial enforcement service

  provincial enforcement service has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act; (autorité provinciale)

Marginal note:2000, c. 12, s. 121

• 106 (1) Subsections 33(1) to (3) of the Act are replaced by the following:

  Marginal note:Application for diversion

  • 33 (1) Subject to this Part and the regulations, a person named in a financial support order may make an application to the Minister for diversion of a pension benefit payable to a recipient if

    • (a) the order is valid and subsisting; and

    • (b) the person against whom the order has been made is a recipient.

  • Marginal note:Representation

    (2) The application may be made, in accordance with the regulations, on behalf of a person by any other person or by a provincial enforcement service.

  • Marginal note:Diversion of pension benefits

    (3) The Minister shall, not later than the first day of the fourth month after the month in which the Minister receives the duly completed application, divert an amount or amounts computed in accordance with sections 36 to 40 and the regulations from any net pension benefit that is payable to the recipient named in the application, and any amount so diverted shall be paid, subject to subsection (4), to the applicant, to any other person designated for that purpose in the financial support order or to a provincial enforcement service if the law of the province permits payment to it.

• (2) Section 33 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Contents of application

    (2.1) The application must contain the prescribed information and be accompanied by the prescribed documents.

  • Marginal note:Arrears of maintenance, alimony or support

    (2.2) A provincial enforcement service may, in respect of an application referred to in subsection (1), submit a document to the Minister that sets out a recipient’s arrears of maintenance, alimony or support and any prescribed information.