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)
107 (1) Section 35.1 of the Act is amended by adding the following after subsection (1):
Marginal note:Pension benefit not immediately payable — Canadian Forces
(1.1) A person who is entitled to support under a valid and subsisting financial support order may apply for an order under subsection (2) to any court in Canada that has jurisdiction to make a financial support order if the person against whom the financial support order is made
(a) has ceased to be required to make contributions under section 5 of the Canadian Forces Superannuation Act or has ceased to be a participant under subsection 5(1) of the Reserve Force Pension Plan Regulations;
(b) is not a recipient and is entitled to a deferred annuity under section 17 of the Canadian Forces Superannuation Act or subsection 44(1) of the Reserve Force Pension Plan Regulations; and
(c) has reached 50 years of age but has not yet reached 60 years of age.
Marginal note:2012, c. 31, s. 502(2)
(2) The portion of subsection 35.1(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Order
(2) A court to which an application is made under subsection (1) or (1.1) may make an order deeming the person against whom there is a valid and subsisting financial support order to have exercised an option under any of sections 12 to 13.001 of the Public Service Superannuation Act, section 18 of the Canadian Forces Superannuation Act or section 45 of the Reserve Force Pension Plan Regulations in favour of an annual allowance payable as of the date of the making of the order under this subsection if the court is satisfied that
Marginal note:1997, c. 1, s. 33
108 Sections 35.3 and 35.4 of the Act are replaced by the following:
Marginal note:Provision of information
35.3 On application by a person who is entitled to support under a valid and subsisting financial support order, the Minister shall, in accordance with the regulations, provide the person with the prescribed information concerning any matter related to the making of an application under section 35.1.
Marginal note:Representation
35.4 An application under section 35.1 or 35.3 may be made on behalf of a person by any other person or by a provincial enforcement service.
Marginal note:1997, c. 1, s. 34
109 Paragraphs 36(c) to (g) of the English version of the Act are replaced by the following:
(c) if the recipient is domiciled in Canada and habitually resident in a province in which there is in force a law of general application permitting garnishment, attachment or diversion of pensions for the enforcement of financial support orders, the amount to be diverted shall be determined in accordance with the law of that province in force at the time of the diversion payment,
(d) if the recipient is domiciled in Canada and habitually resident elsewhere than in a province described in paragraph (c), the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of 50% of the recipient’s net pension benefit,
(e) if the recipient is domiciled outside Canada and the applicant is habitually resident in a province described in paragraph (c), the amount to be diverted shall be determined in accordance with the law of that province in force at the time of the diversion payment,
(f) if the recipient is domiciled outside Canada and the applicant is habitually resident in a province other than one described in paragraph (c), the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of 50% of the recipient’s net pension benefit, or
(g) if the recipient and the applicant are domiciled outside Canada and are habitually resident outside Canada, the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of 50% of the recipient’s net pension benefit.
110 (1) The portion of subsection 37(2) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Circonstances dans lesquelles les versements sont faits
(2) Si le ministre estime que l’ordonnance visée au paragraphe (1) ne peut être modifiée afin d’y prévoir des versements périodiques ou qu’il n’est pas pratique de le faire, et qu’il l’a notifié au requérant et au prestataire, il est, sous réserve du paragraphe (3), procédé à une distraction de cinquante pour cent de la prestation mensuelle nette de pension revenant au prestataire jusqu’à ce que l’une des conditions suivantes soit remplie :
(2) Subsection 37(3) of the French version of the Act is replaced by the following:
Marginal note:Dépôt annuel d’une déclaration écrite
(3) Lorsque la distraction est faite en vertu du paragraphe (2), le requérant dépose annuellement auprès du ministre, dans le délai réglementaire, une déclaration écrite attestant qu’il est encore habilité à recevoir les sommes distraites, comportant les renseignements réglementaires et signée par lui en présence d’une personne appartenant à une catégorie réglementaire.
111 (1) The portion of subsection 39(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Periodic financial support order versus lump sum pension benefit
39 (1) If a financial support order provides only for periodic payments and the recipient’s pension benefit consists only of a lump sum, the Minister shall, immediately after receiving a duly completed application,
(2) Paragraph 39(1)(b) of the Act is replaced by the following:
(b) cause the applicant to be notified in accordance with the regulations that, unless the financial support order is varied in accordance with this section, it will be treated as a financial support order for a lump sum payment of an amount equal to one periodic payment under the original financial support order.
(3) Subsection 39(3) of the Act is repealed.
(4) Subsections 39(5) and (6) of the Act are replaced by the following:
Marginal note:Applicant must submit varied financial support order to Minister
(5) If, within 90 days after receiving the evidence referred to in subsection (2), the Minister receives a copy of a varied financial support order providing in whole or in part for a lump sum payment, the Minister shall proceed with the application for diversion in accordance with this Part.
Marginal note:If condition not satisfied
(6) If a copy of the varied financial support order referred to in subsection (5) is not received by the Minister within the period mentioned in that subsection, the Minister shall treat the application for diversion as an application based on a financial support order for the payment of a lump sum equal to the amount of one periodic payment under the original financial support order.
Marginal note:1997, c. 1, s. 38
112 Section 40.1 of the Act is replaced by the following:
Marginal note:Arrears
40.1 In the case of a financial support order that is an order or judgment for arrears of payments, despite paragraph 36(d), (f) or (g), subsection 37(2) or section 38, 39 or 40, the amount to be diverted may exceed 50% of the recipient’s net pension benefit.
113 Section 41 of the Act is replaced by the following:
Marginal note:Designation of Minister
40.2 The Governor in Council may, by order, designate one or more federal ministers as the Minister or Ministers for the purposes of any provision of this Part and the enactments set out in items 12 and 16 of the schedule.
Marginal note:Application to vary amount being diverted or to terminate diversion
41 (1) When a diversion is being carried out, either the applicant or the recipient may at any time apply to the Minister, in accordance with the regulations, for a variation in the amount being diverted or for termination of the diversion.
Marginal note:When variation or termination effective
(2) Despite a recipient’s entitlement under an enactment listed in the schedule, the variation or termination of a diversion is effective only as of the first day of the month after the month in which the Minister receives the duly completed application for variation or termination, as the case may be.
- Date modified: