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. 3 (2nd Supp.)Divorce Act (continued)
Marginal note:1997, c. 1, s. 8(1)
15 (1) Subsection 20(2) of the Act is replaced by the following:
Marginal note:Legal effect of orders and decisions throughout Canada
(2) An order made under this Act in respect of support, parenting time, decision-making responsibility or contact and a provincial child support service decision that calculates or recalculates the amount of child support under section 25.01 or 25.1 have legal effect throughout Canada.
(2) The portion of subsection 20(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Enforcement
(3) An order or decision that has legal effect throughout Canada under subsection (2) may be
16 (1) Subsection 20.1(1) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):
(f) a public body referred to in Article 36 of the 2007 Convention, as defined in section 28.
Marginal note:1997, c. 1, s. 9
(2) Subsection 20.1(2) of the French version of the Act is replaced by the following:
Marginal note:Droits
(2) Le ministre, le député, le membre ou l’administration à qui la créance alimentaire octroyée par une ordonnance a été cédée a droit aux sommes dues au titre de l’ordonnance et a le droit, dans le cadre de toute procédure relative à la modification, l’annulation, la suspension ou l’exécution de l’ordonnance, d’en être avisé ou d’y participer au même titre que la personne qui aurait autrement eu droit à ces sommes.
(3) Section 20.1 of the Act is amended by adding the following after subsection (2):
Marginal note:Rights — public body
(3) A public body referred to in paragraph (1)(f) to whom a decision of a State Party that has the effect of varying a child support order has been assigned is entitled to the payments due under the decision, and has the same right to participate in proceedings under this Act, to recognize and enforce the decision or if the recognition of this decision is not possible, to obtain a variation order, as the person who would otherwise be entitled to the payments.
Marginal note:Definition of State Party
(4) For the purpose of subsection (3), State Party has the same meaning as in section 28.
Marginal note:1990, c. 18, s. 2
17 Subsection 21.1(1) of the Act is repealed.
18 Subsections 22(1) and (2) of the Act are replaced by the following:
Marginal note:Recognition of foreign divorce
22 (1) A divorce granted, on or after the coming into force of this Act, by a competent authority shall be recognized for the purpose of determining the marital status in Canada of any person, if either former spouse was habitually resident in the country or subdivision of the competent authority for at least one year immediately preceding the commencement of proceedings for the divorce.
Marginal note:Recognition of foreign divorce
(2) A divorce granted after July 1, 1968 by a competent authority, on the basis of the domicile of the wife in the country or subdivision of the competent authority, determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for the purpose of determining the marital status in Canada of any person.
19 The Act is amended by adding the following after section 22:
Marginal note:Recognition of foreign order that varies parenting or contact order
22.1 (1) On application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless
(a) the child concerned is not habitually resident in the country other than Canada in which the competent authority is located or that competent authority of that other country would not have had jurisdiction if it applied substantially equivalent rules related to the jurisdiction as those that are set out in section 6.3;
(b) the decision was made, except in an urgent case, without the child having been provided with the opportunity to be heard, in violation of fundamental principles of procedure of the province;
(c) a person claims that the decision negatively affects the exercise of their parenting time or decision-making responsibility or contact under a contact order, and the decision was made, except in an urgent case, without the person having been given an opportunity to be heard;
(d) recognition of the decision would be manifestly contrary to public policy, taking into consideration the best interests of the child; or
(e) the decision is incompatible with a later decision that fulfils the requirements for recognition under this section.
Marginal note:Effect of recognition
(2) The court’s decision recognizing the competent authority’s decision is deemed to be an order made under section 17 and has legal effect throughout Canada.
Marginal note:Effect of non-recognition
(3) The court’s decision refusing to recognize the competent authority’s decision has legal effect throughout Canada.
20 The portion of subsection 22.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Recognition of foreign order that varies parenting or contact order
22.1 (1) Subject to sections 30 to 31.3, on application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless
Marginal note:2002, c. 8, par. 183(1)(i)
21 Subsection 23(2) of the Act is replaced by the following:
Marginal note:Canada Evidence Act
(2) The Canada Evidence Act applies in respect of a proceeding before the Federal Court to determine, under subsection 3(3), 4(3), 5(3) or 6.2(3), which court retains jurisdiction.
22 The Act is amended by adding the following after section 23:
Marginal note:Means of presenting submissions
23.1 If the parties to a proceeding are habitually resident in different provinces, a court of competent jurisdiction may, in accordance with any applicable rules regulating the practice and procedure in that court, make an order on the basis of the evidence and the submissions of the parties, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court.
22.1 The Act is amended by adding the following after section 23:
Marginal note:Official languages
23.2 (1) A proceeding under this Act may be conducted in English or French, or in both official languages of Canada.
Marginal note:Language rights
(2) In any proceeding under this Act,
(a) any person has the right to use either official language, including to
(i) file pleadings or other documents,
(ii) give evidence, or
(iii) make submissions;
(b) the court shall, at the request of any person, provide simultaneous interpretation from one official language into the other;
(c) any party to that proceeding has the right to a judge who speaks the same official language as that party or both official languages, as the case may be;
(d) any party to that proceeding has the right to request a transcript or recording, as the case may be, of
(i) what was said during that proceeding in the official language in which it was said, if what was said was taken down by a stenographer or a sound recording apparatus, and
(ii) any interpretation into the other official language of what was said; and
(e) the court shall, at the request of any party to that proceeding, make available in that party’s official language of choice any judgment or order that is rendered or made under this Act and that relates to that party.
Marginal note:Original version prevails
(3) In the case of a discrepancy between the original version of a document referred to in paragraph (2)(a) or (e) and the translated text, the original version shall prevail.
Marginal note:Court forms
(4) The court forms relating to any proceedings under this Act shall be made available in both official languages.
Marginal note:1993, c. 8, s. 5
23 Paragraph 25(2)(b.1) of the Act is replaced by the following:
(b.1) respecting the application of section 23.1;
24 The Act is amended by adding the following after section 25:
Marginal note:Provincial child support service — calculation of child support
25.01 (1) With the approval of the Governor in Council, the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to calculate the amount of child support in accordance with the applicable guidelines and set it out in a decision.
Marginal note:Application of law of province
(2) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section.
Marginal note:Effect of calculation by provincial child support service
(3) The amount of child support calculated under this section is the amount payable by the spouse who is subject to a provincial child support service decision.
Marginal note:Liability
(4) A spouse who is subject to a provincial child support service decision becomes liable to pay the amount of child support calculated under this section on the day, or on the expiry of a period, specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.
Marginal note:Disagreement with respect to amount
(5) Either or both spouses who do not agree with the amount of the child support calculated under this section may apply to a court of competent jurisdiction for an order under section 15.1 before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations.
Marginal note:Effect of application
(6) The liability to pay the amount of child support under subsection (4) continues while the determination of the application under subsection (5) is pending.
Marginal note:Recalculation of amount or application for order
(7) After a spouse subject to a provincial child support service decision becomes liable to pay an amount of child support under subsection (4), either or both spouses may have the amount of child support recalculated under section 25.1 or apply to a court of competent jurisdiction for an order under section 15.1.
Marginal note:1997, c. 1, s. 10; 1999, c. 31, s. 74(F)
25 (1) Subsection 25.1(1) of the Act is replaced by the following:
Marginal note:Provincial child support service — recalculation of child support
25.1 (1) With the approval of the Governor in Council, the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to recalculate, in accordance with the applicable guidelines, the amount of child support orders on the basis of updated income information.
Marginal note:Application of law of province
(1.1) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section.
Marginal note:Deeming of income
(1.2) For the purposes of subsection (1), if a spouse does not provide the income information, a provincial child support service may deem the income of that spouse to be the amount determined in accordance with the method of calculation set out in the law of the province or, if no such method is specified, in accordance with the method prescribed by the regulations.
Marginal note:1997, c. 1, s. 10
(2) Subsections 25.1(3) and (4) of the Act are replaced by the following:
Marginal note:Effect of deeming of income
(2.1) Subject to subsection (5), the income determined under subsection (1.2) shall be deemed to be the spouse’s income for the purposes of the child support order.
Marginal note:Liability
(3) The spouse against whom a child support order was made becomes liable to pay the recalculated amount on the day, or on the expiry of the period specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.
Marginal note:Disagreement with recalculation
(4) If either or both spouses do not agree with the recalculated amount of the child support order, either or both of them may, before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations, apply to a court of competent jurisdiction
(a) in the case of an interim order made under subsection 15.1(2), for an order under section 15.1;
(b) in the case of a provincial child support service decision made under section 25.01, for an order under section 15.1; or
(c) in any other case, if they are former spouses, for an order under paragraph 17(1)(a).
Marginal note:1997, c. 1, s. 10
(3) Subsection 25.1(6) of the Act is replaced by the following:
Marginal note:Withdrawal of application
(6) If an application made under subsection (4) is withdrawn before it is determined, the spouse against whom the child support order was made becomes liable to pay the recalculated amount on the day on which the spouse would have become liable had the application not been made.
Marginal note:Definition of child support order
(7) In this section, child support order has the same meaning as in subsection 2(1) and also means an interim order made under subsection 15.1(2), a provincial child support service decision made under section 25.01 and a variation order made under paragraph 17(1)(a).
26 The Act is amended by adding the following after section 25.1:
Marginal note:Ministerial activities
25.2 The Minister of Justice may conduct activities related to matters governed by this Act, including undertaking research.
27 (1) The portion of subsection 26(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Règlements
26 (1) Le gouverneur en conseil peut prendre des règlements pour l’application de la présente loi, notamment des règlements :
(2) Paragraphs 26(1)(a) and (b) of the Act are replaced by the following:
(a) respecting the establishment, mandate and operation of a central registry of divorce proceedings;
(b) providing for uniformity in the rules made under section 25;
(c) respecting the framework for the calculation or recalculation of the amount of child support by the provincial child support service under section 25.01 or 25.1; and
(d) prescribing any matter or thing that by this Act is to be or may be prescribed.
(3) Subsection 26(2) of the Act is replaced by the following:
Marginal note:Regulations prevail
(2) Regulations made under paragraph (1)(b) prevail over rules made under section 25.
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