Order Fixing the Days on Which Certain Provisions of that Act Come into Force: SI/2020-75
Canada Gazette, Part II, Volume 154, Number 26
Registration
SI/2020-75 December 23, 2020
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
Order Fixing the Days on Which Certain Provisions of that Act Come into Force
P.C. 2020-983 December 4, 2020
Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsections 126(6) and (7) of 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, chapter 16 of the Statutes of Canada, 2019, fixes
- (a) November 12, 2021 as the day on which subsections 73(2) to (6), section 74 and subsection 76(3) of that Act come into force; and
- (b) the day on which this Order is registered as the day on which subsections 105(1), 106(2), 111(2) to (4) and 115(3) and (5) of that Act come into force.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
Pursuant to subsections 126(6) and (7) of 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, the Order fixes
- (a) November 12, 2021, as the day on which subsections 73(2) to (6), section 74 and subsection 76(3) of that Act come into force; and
- (b) the day on which this Order is registered as the day on which subsections 105(1), 106(2), 111(2) to (4) and 115(3) and (5) of that Act come into force.
Objective
The objective of the Order is to fix a specific date for the coming into force of amendments to Part III of the Family Orders and Agreements Enforcement Assistance Act (FOAEAA Part III) and the Garnishment, Attachment and Pension Diversion Act (GAPDA) aimed at
- promoting the best interests of the child
- helping to reduce child poverty
- making Canada’s family justice system more accessible and efficient.
Background
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 (former Bill C-78), which received royal assent on June 21, 2019, strengthens and modernizes Canada’s family justice system, promotes access to justice and makes federal family laws more responsive to Canadian families’ needs.
Several provisions of the FOAEAA Part III and the GAPDA will be brought into force through this Order:
- Subsections 73(1) to (6) address the process to apply for licence denial.
- Section 74 is a consequential amendment (removal of the affidavit).
- Subsection 76(3) is a consequential amendment (application in the form approved by the Minister).
- Subsection 105(1) repeals the definition of “application.”
- Subsection 106(2) addresses the process to apply for pension diversion.
- Subsections 111(2) to (4) address the process to vary a support order.
- Subsections 115(3) and (5) are consequential amendments (regulatory-making authority).
Implications
This Order makes clear for Canadians when the FOAEAA Part III and GAPDA amendments come into force.
Changes to federal support enforcement regulations are required in light of the amendments to the FOAEAA Part III and the GAPDA. This Order will be published concurrently with the regulatory amendments needed to implement these legislative amendments to the FOAEAA Part III and GAPDA.
By fixing a later coming into force date for the amendments to FOAEAA Part III, this Order provides the time necessary to adapt the federal, provincial and territorial (FPT) system to implement legislative and regulatory changes to the licence denial application form and the removal of the affidavit form under that part.
Amendments to GAPDA will come into force at the same time as the required regulatory amendments as no system changes are required.
Consultation
Federal partners were supportive of the legislative amendments made to the FOAEAA Part III and to the GAPDA. They were also consulted on the regulatory amendments that implement the legislative amendments and the other technical amendments and were supportive of these changes. The Department of Justice has consulted on former Bill C-78 with provincial and territorial family law officials, especially those who submit licence denial, garnishment and diversion applications on behalf of support creditors. The Department is in regular contact with key stakeholders through various fora and FPT collaboration on issues of support enforcement and the improvement of federal support enforcement tools will continue. The Minister of Justice hears regularly from Canadians on family law-related matters.
Contact
Sylviane Deslauriers
Counsel
Family and Children’s Law Team (Family Law and Youth Justice Policy Section)
Department of Justice Canada
Telephone: 613‑954‑4723
Email: Sylviane.Deslauriers@justice.gc.ca