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• 70 (1) The definition support provision in section 62 of the Act is repealed.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

R.S., c. G-2Garnishment, Attachment and Pension Diversion Act

81 The long title of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

• 82 (1) The definition Minister in section 2 of the Act is replaced by the following:

  Minister

  Minister means the Minister or Ministers designated under section 48; (ministre)

• (2) Section 2 of the Act is amended by adding the following in alphabetical order:

  order

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

  parliamentary entity

  parliamentary entity means

  • (a) the Senate;

  • (b) the House of Commons;

  • (c) the Library of Parliament;

  • (d) the office of the Senate Ethics Officer;

  • (e) the office of the Conflict of Interest and Ethics Commissioner;

  • (f) the Parliamentary Protective Service; or

  • (g) the office of the Parliamentary Budget Officer; (entité parlementaire)

  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)

83 Section 3 of the Act and the heading before it are replaced by the following:

• 84 (1) The definition prescrit ou réglementaire in section 4 of the French version of the Act is repealed.

• (2) The definitions garnishee summons and pay period in section 4 of the Act are replaced by the following:

  garnishee summons

  garnishee summons includes any document that is of a similar nature to a garnishee summons, including a court order and a document in respect of maintenance, alimony or support issued by a provincial enforcement service; (bref de saisie-arrêt)

  pay period

  pay period means, in respect of any particular person, the period beginning on the day after the day that is the regular pay-day of the person and ending on the day that is their next regular pay-day; (période de paye)

Marginal note:1997, c. 1, s. 25

85 Section 6 of the Act is replaced by the following:

• 86 (1) Subsection 7(1) of the French version of the Act is replaced by the following:

  Marginal note:Lieu de la signification

  • 7 (1) Les documents relatifs à une saisie-arrêt prévue par la présente section doivent être signifiés à Sa Majesté au lieu indiqué dans les règlements.

• (2) Subsections 7(2) and (3) of the Act are replaced by the following:

  • Marginal note:Method of service on Her Majesty

    (2) In addition to any method of service permitted by the law of a province, service of documents on Her Majesty under subsection (1) may be effected by any prescribed method.

Marginal note:1997, c. 1, s. 26

87 Subparagraph 8(a)(i) of the Act is replaced by the following:

Marginal note:1997, c. 1, s. 27

88 The portion of section 10 of the French version of the Act before paragraph (a) is replaced by the following:

• 89 (1) Subsection 11(1) of the Act is replaced by the following:

  Marginal note:Methods of response

  • 11 (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, Her Majesty may respond to a garnishee summons by any prescribed method.

• (2) Subsection 11(2) of the French version of the Act is replaced by the following:

  • Marginal note:Donner suite par courrier recommandé

    (2) Si Sa Majesté donne suite à un bref de saisie-arrêt par courrier recommandé, le récépissé conforme aux règlements pris, en matière de courrier recommandé, en vertu de la Loi sur la Société canadienne des postes est admissible en preuve et établit, sauf preuve contraire, qu’elle y a donné suite.

• Marginal note:1997, c. 1, s. 28

  (3) Subsections 11(3) and (4) of the Act are replaced by the following:

  • Marginal note:Effect of payment into court

    (3) A payment into court by Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment.

  • Marginal note:Effect of payment to provincial enforcement service

    (3.1) If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment.

  • Marginal note:Recovery

    (4) If, in honouring a garnishee summons, Her Majesty, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that Her Majesty should have paid to that debtor, the excess is a debt due to Her Majesty by that debtor and may be recovered from the debtor by way of deduction from, or set-off or compensation against, future moneys payable to the debtor as salary or remuneration.

  • Marginal note:Recovery from party who instituted proceedings

    (5) If moneys are paid by Her Majesty to or for the benefit of a party who instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess is a debt due to Her Majesty by that party and may be recovered from the party by way of deduction from, or set-off or compensation against, moneys payable to or for the benefit of that party under this Division.