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Bill C-78

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First Session, Forty-second Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-78
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
AS PASSED
BY THE HOUSE OF COMMONS
February 6, 2019
90873


SUMMARY
This enactment amends the Divorce Act to, among other things,
(a)replace terminology related to custody and access with terminology related to parenting;
(b)establish a non-exhaustive list of criteria with respect to the best interests of the child;
(c)create duties for parties and legal advisers to encourage the use of family dispute resolution processes;
(d)introduce measures to assist the courts in addressing family violence;
(e)establish a framework for the relocation of a child; and
(f)simplify certain processes, including those related to family support obligations.
The enactment also amends the Family Orders and Agreements Enforcement Assistance Act to, among other things,
(a)allow the release of information to help obtain and vary a support provision;
(b)expand the release of information to other provincial family justice government entities;
(c)permit the garnishment of federal moneys to recover certain expenses related to family law; and
(d)extend the binding period of a garnishee summons.
The enactment also amends those two Acts to implement
(a)the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996; and
(b)the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
The enactment also amends the Garnishment, Attachment and Pension Diversion Act to, among other things,
(a)give priority to family support obligations; and
(b)simplify the processes under the Act.
Finally, this enactment also includes transitional provisions and makes consequential amendments to the Criminal Code.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-78
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
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.‍S.‍, c. 3 (2nd Supp.‍)
Divorce Act
1(1)The definitions custody and custody order in subsection 2(1) of the Divorce Act are repealed.
(2)The definition accès in subsection 2(1) of the French version of the Act is repealed.
1997, c. 1, s. 1(3)
(3)The definition provincial child support service in subsection 2(1) of the Act is replaced by the following:
provincial child support service means any service, agency or body designated in an agreement with a province under subsection 25.01(1) or 25.1(1); (service provincial des aliments pour enfants)
1997, c. 1, s. 1(1); 2005, c. 33, s. 8(1)
(4)The definitions corollary relief proceeding, divorce proceeding and spouse in subsection 2(1) of the Act are replaced by the following:
corollary relief proceeding means a proceeding in a court in which either or both former spouses seek a child support order, a spousal support order or a parenting order; (action en mesures accessoires)
divorce proceeding means a proceeding in a court in which either or both spouses seek a divorce alone or together with a child support order, a spousal support order or a parenting order; (action en divorce)
spouse includes, in subsection 6(1) and sections 15.1 to 16.96, 21.1, 25.01 and 25.1, a former spouse; (époux)
(5)The definition spouse in subsection 2(1) of the Act is replaced by the following:
spouse includes, in subsection 6(1) and sections 15.1 to 16.96, 21.1, 25.01, 25.1 and 30.7, a former spouse; (époux)
1997, c. 1, s. 1(3)
(6)Paragraph (a) of the definition applicable guidelines in subsection 2(1) of the Act is replaced by the following:
(a)if both spouses or former spouses are habitually resident in the same province at the time an application is made for a child support order or for a variation order in respect of a child support order or the amount of a child support is to be calculated or recalculated under section 25.01 or 25.1, and that province has been designated by an order made under subsection (5), the laws of the province specified in the order, and
(7)Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
competent authority means, except as otherwise provided, a tribunal or other entity in a country other than Canada, or a subdivision of such a country, that has the authority to make a decision under their law respecting any subject matter that could be dealt with under this Act; (autorité compétente)
contact order means an order made under subsection 16.5(1); (ordonnance de contact)
decision-making responsibility means the responsibility for making significant decisions about a child’s well-being, including in respect of
(a)health;
(b)education;
(c)culture, language, religion and spirituality; and
(d)significant extra-curricular activities; (responsabilités décisionnelles)
family dispute resolution process means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation and collaborative law; (mécanisme de règlement des différends familiaux)
family justice services means public or private services intended to help persons deal with issues arising from separation or divorce; (services de justice familiale)
family member includes a member of the household of a child of the marriage or of a spouse or former spouse as well as a dating partner of a spouse or former spouse who participates in the activities of the household; (membre de la famille)
family violence means any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person — and in the case of a child, the direct or indirect exposure to such conduct — and includes
(a)physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;
(b)sexual abuse;
(c)threats to kill or cause bodily harm to any person;
(d)harassment, including stalking;
(e)the failure to provide the necessaries of life;
(f)psychological abuse;
(g)financial abuse;
(h)threats to kill or harm an animal or damage property; and
(i)the killing or harming of an animal or the damaging of property; (violence familiale)
legal adviser means any person who is qualified, in accordance with the law of a province, to represent or provide legal advice to another person in any proceeding under this Act; (conseiller juridique)
order assignee means a minister, member, agency or public body to whom a support order is assigned under subsection 20.1(1); (cessionnaire de la créance alimentaire)
parenting order means an order made under subsection 16.1(1); (ordonnance parentale)
parenting time means the time that a child of the marriage spends in the care of a person referred to in subsection 16.1(1), whether or not the child is physically with that person during that entire time; (temps parental)
relocation means a change in the place of residence of a child of the marriage or a person who has parenting time or decision-making responsibility — or who has a pending application for a parenting order — that is likely to have a significant impact on the child’s relationship with
(a)a person who has parenting time, decision-making responsibility or an application for a parenting order in respect of that child pending; or
(b)a person who has contact with the child under a contact order; (déménagement important)
2002, c. 8, par. 183(1)‍(i)
2Subsections 3(2) and (3) of the Act are replaced by the following:
Jurisdiction if two proceedings commenced on different days
(2)If divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a divorce proceeding was commenced first has exclusive jurisdiction to hear and determine any divorce proceeding then pending between the spouses and the second divorce proceeding is deemed to be discontinued.
Jurisdiction if two proceedings commenced on same day
(3)If divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both spouses, determine which court retains jurisdiction by applying the following rules:
(a)if at least one of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident;
(b)if neither of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the spouses last maintained a habitual residence in common if one of the spouses is habitually resident in that province; and
(c)in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate.
1993, c. 8, s. 1; 2002, c. 8, par. 183(1)‍(i)
3Subsections 4(2) and (3) of the Act are replaced by the following:
Jurisdiction if two proceedings commenced on different days
(2)If corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a corollary relief proceeding was commenced first has exclusive jurisdiction to hear and determine any corollary relief proceeding then pending between the former spouses in respect of that matter and the second corollary relief proceeding is deemed to be discontinued.
Jurisdiction if two proceedings commenced on same day
(3)If corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both former spouses, determine which court retains jurisdiction by applying the following rules:
(a)if at least one of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident;
(b)if neither of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the former spouses last maintained a habitual residence in common if one of the former spouses is habitually resident in that province; and
(c)in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate.
2002, c. 8, par. 183(1)‍(i)
4Subsections 5(2) and (3) of the Act are replaced by the following:
Jurisdiction if two proceedings commenced on different days
(2)If variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a variation proceeding was commenced first has exclusive jurisdiction to hear and determine any variation proceeding then pending between the former spouses in respect of that matter and the second variation proceeding is deemed to be discontinued.
Jurisdiction if two proceedings commenced on same day
(3)If variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both former spouses, determine which court retains jurisdiction by applying the following rules:
(a)if at least one of the proceedings includes an application for a variation order in respect of a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident;
(b)if neither of the proceedings includes an application for a variation order in respect of a parenting order, the court that retains jurisdiction is the court in the province in which the former spouses last maintained a habitual residence in common if one of the former spouses is habitually resident in that province; and
(c)in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate.
5Subsections 6(1) to (3) of the Act are replaced by the following:
Transfer of proceeding if parenting order applied for
6(1)If an application for an order under section 16.1 is made in a divorce proceeding or corollary relief proceeding to a court in a province and the child of the marriage in respect of whom the order is sought is habitually resident in another province, the court may, on application by a spouse or on its own motion, transfer the proceeding to a court in that other province.
Transfer of variation proceeding in respect of parenting order
(2)If an application for a variation order in respect of a parenting order is made in a variation proceeding to a court in a province and the child of the marriage in respect of whom the variation order is sought is habitually resident in another province, the court may, on application by a former spouse or on its own motion, transfer the variation proceeding to a court in that other province.
6The Act is amended by adding the following after section 6:
Jurisdiction — application for contact order
6.1(1)If a court in a province is seized of an application for a parenting order in respect of a child, the court has jurisdiction to hear and determine an application for a contact order in respect of the child.
Jurisdiction — no pending variation proceeding
(2)If no variation proceeding related to a parenting order in respect of a child is pending, a court in a province in which the child is habitually resident has jurisdiction to hear and determine an application for a contact order, an application for a variation order in respect of a contact order or an application for a variation order in respect of a parenting order brought by a person referred to in subparagraph 17(1)‍(b)‍(ii), unless the court considers that a court in another province is better placed to hear and determine the application, in which case the court shall transfer the proceeding to the court in that other province.
No jurisdiction — contact order
(3)For greater certainty, if no parenting order has been made in respect of a child, no application for a contact order may be brought under this Act in respect of the child.
Removal or retention of child of marriage
6.2(1)If a child of the marriage is removed from or retained in a province contrary to sections 16.9 to 16.96 or provincial law, a court in the province in which the child was habitually resident that would have had jurisdiction under sections 3 to 5 immediately before the removal or retention has jurisdiction to hear and determine an application for a parenting order, unless the court is satisfied
(a)that all persons who are entitled to object to the removal or retention have ultimately consented or acquiesced to the removal or retention;
(b)that there has been undue delay in contesting the removal or retention by those persons; or
(c)that a court in the province in which the child is present is better placed to hear and determine the application.
Transfer
(2)If the court in the province in which the child was habitually resident immediately before the removal or retention is satisfied that any of paragraphs (1)‍(a) to (c) apply,
(a)the court shall transfer the application to the court in the province in which the child is present; and
(b)the court may transfer any other application under this Act in respect of the parties to the court in the province in which the child is present.
Federal Court
(3)If after the child’s removal from or retention in a province, two proceedings are commenced on the same day as described in subsection 3(3), 4(3) or 5(3), this section prevails over those subsections and the Federal Court shall determine which court has jurisdiction under this section. A reference in this section to “court in the province in which the child was habitually resident” is to be read as “Federal Court”.
Child habitually resident outside Canada
6.3(1)If a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.
Exceptional circumstances
(2)In determining whether there are exceptional circumstances, the court shall consider all relevant factors, including
(a)whether there is a sufficient connection between the child and the province;
(b)the urgency of the situation;
(c)the importance of avoiding a multiplicity of proceedings and inconsistent decisions; and
(d)the importance of discouraging child abduction.
7Subsection 6.3(1) of the Act is replaced by the following:
Child habitually resident outside Canada
6.3(1)Subject to sections 30 to 31.3, if a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.
8The Act is amended by adding the following after section 7:
Duties
Parties to a Proceeding
Best interests of child
7.1A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child.
Protection of children from conflict
7.2A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding.
Family dispute resolution process
7.3To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process.
Complete, accurate and up-to-date information
7.4A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act.
Duty to comply with orders
7.5For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.
Certification
7.6Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a party to a proceeding shall contain a statement by the party certifying that they are aware of their duties under sections 7.1 to 7.5.
Legal Adviser
Reconciliation
7.7(1)Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse’s behalf in a divorce proceeding
(a)to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and
(b)to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation.
Duty to discuss and inform
(2)It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act
(a)to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so;
(b)to inform the person of the family justice services known to the legal adviser that might assist the person
(i)in resolving the matters that may be the subject of an order under this Act, and
(ii)in complying with any order or decision made under this Act; and
(c)to inform the person of the parties’ duties under this Act.
Certification
(3)Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a legal adviser shall contain a statement by the legal adviser certifying that they have complied with this section.
Court
Purpose of section
7.8(1)The purpose of this section is to facilitate
(a)the identification of orders, undertakings, recognizances, agreements or measures that may conflict with an order under this Act; and
(b)the coordination of proceedings.
Information regarding other orders or proceedings
(2)In a proceeding for corollary relief and in relation to any party to that proceeding, the court has a duty to consider if any of the following are pending or in effect, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so:
(a)a civil protection order or a proceeding in relation to such an order;
(b)a child protection order, proceeding, agreement or measure; or
(c)an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature.
In order to carry out the duty, the court may make inquiries of the parties or review information that is readily available and that has been obtained through a search carried out in accordance with provincial law, including the rules made under subsection 25(2).
Definition of civil protection order
(3)In this section, civil protection order means a civil order that is made to protect a person’s safety, including an order that prohibits a person from
(a)being in physical proximity to a specified person or following a specified person from place to place;
(b)contacting or communicating with a specified person, either directly or indirectly;
(c)attending at or being within a certain distance of a specified place or location;
(d)engaging in harassing or threatening conduct directed at a specified person;
(e)occupying a family home or a residence; or
(f)engaging in family violence.
9Section 9 of the Act is repealed.
10Subsection 11(4) of the Act is replaced by the following:
Definition of collusion
(4)In this section, collusion means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement to the extent that it provides for separation between the parties, financial support, division of property or the exercise of parenting time or decision-making responsibility.
1997, c. 1, s. 2
11Section 15 of the Act and the heading “Interpretation” before it are repealed.
1997, c. 1, s. 3
12Section 16 of the Act and the heading before it are replaced by the following:
Best Interests of the Child
Best interests of child
16(1)The court shall take into consideration only the best interests of the child of the marriage in making a parenting order or a contact order.
Primary consideration
(2)When considering the factors referred to in subsection (3), the court shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being.
Factors to be considered
(3)In determining the best interests of the child, the court shall consider all factors related to the circumstances of the child, including
(a)the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;
(b)the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;
(c)each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse;
(d)the history of care of the child;
(e)the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;
(f)the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;
(g)any plans for the child’s care;
(h)the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;
(i)the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;
(j)any family violence and its impact on, among other things,
(i)the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and
(ii)the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and
(k)any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.
Factors relating to family violence
(4)In considering the impact of any family violence under paragraph (3)‍(j), the court shall take the following into account:
(a)the nature, seriousness and frequency of the family violence and when it occurred;
(b)whether there is a pattern of coercive and controlling behaviour in relation to a family member;
(c)whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence;
(d)the physical, emotional and psychological harm or risk of harm to the child;
(e)any compromise to the safety of the child or other family member;
(f)whether the family violence causes the child or other family member to fear for their own safety or for that of another person;
(g)any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; and
(h)any other relevant factor.
Past conduct
(5)In determining what is in the best interests of the child, the court shall not take into consideration the past conduct of any person unless the conduct is relevant to the exercise of their parenting time, decision-making responsibility or contact with the child under a contact order.
Maximum parenting time
(6)In allocating parenting time, the court shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child.
Parenting order and contact order
(7)In this section, a parenting order includes an interim parenting order and a variation order in respect of a parenting order, and a contact order includes an interim contact order and a variation order in respect of a contact order.
Parenting Orders
Parenting order
16.1(1)A court of competent jurisdiction may make an order providing for the exercise of parenting time or decision-making responsibility in respect of any child of the marriage, on application by
(a)either or both spouses; or
(b)a person, other than a spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent.
Interim order
(2)The court may, on application by a person described in subsection (1), make an interim parenting order in respect of the child, pending the determination of an application made under that subsection.
Application by person other than spouse
(3)A person described in paragraph (1)‍(b) may make an application under subsection (1) or (2) only with leave of the court.
Contents of parenting order
(4)The court may, in the order,
(a)allocate parenting time in accordance with section 16.2;
(b)allocate decision-making responsibility in accordance with section 16.3;
(c)include requirements with respect to any means of communication, that is to occur during the parenting time allocated to a person, between a child and another person to whom parenting time or decision-making responsibility is allocated; and
(d)provide for any other matter that the court considers appropriate.
Terms and conditions
(5)The court may make an order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate.
Family dispute resolution process
(6)Subject to provincial law, the order may direct the parties to attend a family dispute resolution process.
Relocation
(7)The order may authorize or prohibit the relocation of the child.
Supervision
(8)The order may require that parenting time or the transfer of the child from one person to another be supervised.
Prohibition on removal of child
(9)The order may prohibit the removal of a child from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.
Parenting time — schedule
16.2(1)Parenting time may be allocated by way of a schedule.
Day-to-day decisions
(2)Unless the court orders otherwise, a person to whom parenting time is allocated under paragraph 16.1(4)‍(a) has exclusive authority to make, during that time, day-to-day decisions affecting the child.
Allocation of decision-making responsibility
16.3Decision-making responsibility in respect of a child, or any aspect of that responsibility, may be allocated to either spouse, to both spouses, to a person described in paragraph 16.1(1)‍(b), or to any combination of those persons.
Entitlement to information
16.4Unless the court orders otherwise, any person to whom parenting time or decision-making responsibility has been allocated is entitled to request from another person to whom parenting time or decision-making responsibility has been allocated information about the child’s well-being, including in respect of their health and education, or from any other person who is likely to have such information, and to be given such information by those persons subject to any applicable laws.
Contact Orders
Contact order
16.5(1)A court of competent jurisdiction may, on application by a person other than a spouse, make an order providing for contact between that person and a child of the marriage.
Interim order
(2)The court may, on application by a person referred to in subsection (1), make an interim order providing for contact between that person and the child, pending the determination of the application made under that subsection.
Leave of the court
(3)A person may make an application under subsection (1) or (2) only with leave of the court, unless they obtained leave of the court to make an application under section 16.1.
Factors in determining whether to make order
(4)In determining whether to make a contact order under this section, the court shall consider all relevant factors, including whether contact between the applicant and the child could otherwise occur, for example during the parenting time of another person.
Contents of contact order
(5)The court may, in the contact order,
(a)provide for contact between the applicant and the child in the form of visits or by any means of communication; and
(b)provide for any other matter that the court considers appropriate.
Terms and conditions
(6)The court may make a contact order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate.
Supervision
(7)The order may require that the contact or transfer of the child from one person to another be supervised.
Prohibition on removal of child
(8)The order may provide that a child shall not be removed from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.
Variation of parenting order
(9)If a parenting order in respect of the child has already been made, the court may make an order varying the parenting order to take into account a contact order it makes under this section, and subsections 17(3) and (11) apply as a consequence with any necessary modifications.
Parenting Plan
Parenting plan
16.6(1)The court shall include in a parenting order or a contact order, as the case may be, any parenting plan submitted by the parties unless, in the opinion of the court, it is not in the best interests of the child to do so, in which case the court may make any modifications to the plan that it considers appropriate and include it in the order.
Definition of parenting plan
(2)In subsection (1), parenting plan means a document or part of a document that contains the elements relating to parenting time, decision-making responsibility or contact to which the parties agree.
Change in Place of Residence
Non-application
16.7Section 16.8 does not apply to a change in the place of residence that is a relocation.
Notice
16.8(1)A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to change their place of residence or that of the child shall notify any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention.
Form and content of notice
(2)The notice shall be given in writing and shall set out
(a)the date on which the change is expected to occur; and
(b)the address of the new place of residence and contact information of the person or child, as the case may be.
Exception
(3)Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections do not apply or may modify them, including where there is a risk of family violence.
Application without notice
(4)An application referred to in subsection (3) may be made without notice to any other party.
Relocation
Notice
16.9(1)A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to undertake a relocation shall notify, at least 60 days before the expected date of the proposed relocation and in the form prescribed by the regulations, any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention.
Content of notice
(2)The notice must set out
(a)the expected date of the relocation;
(b)the address of the new place of residence and contact information of the person or child, as the case may be;
(c)a proposal as to how parenting time, decision-making responsibility or contact, as the case may be, could be exercised; and
(d)any other information prescribed by the regulations.
Exception
(3)Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections, or in the regulations made for the purposes of those subsections, do not apply or may modify them, including where there is a risk of family violence.
Application without notice
(4)An application referred to in subsection (3) may be made without notice to any other party.
Relocation authorized
16.91(1)A person who has given notice under section 16.9 and who intends to relocate a child may do so as of the date referred to in the notice if
(a)the relocation is authorized by a court; or
(b)the following conditions are satisfied:
(i)the person with parenting time or decision-making responsibility in respect of the child who has received a notice under subsection 16.9(1) does not object to the relocation within 30 days after the day on which the notice is received, by setting out their objection in
(A)a form prescribed by the regulations, or
(B)an application made under subsection 16.1(1) or paragraph 17(1)‍(b), and
(ii)there is no order prohibiting the relocation.
Content of form
(2)The form must set out
(a)a statement that the person objects to the proposed relocation;
(b)the reasons for the objection;
(c)the person’s views on the proposal for the exercise of parenting time, decision-making responsibility or contact, as the case may be, that is set out in the notice referred to in subsection 16.9(1); and
(d)any other information prescribed by the regulations.
Best interests of child — additional factors to be considered
16.92(1)In deciding whether to authorize a relocation of a child of the marriage, the court shall, in order to determine what is in the best interests of the child, take into consideration, in addition to the factors referred to in section 16,
(a)the reasons for the relocation;
(b)the impact of the relocation on the child;
(c)the amount of time spent with the child by each person who has parenting time or a pending application for a parenting order and the level of involvement in the child’s life of each of those persons;
(d)whether the person who intends to relocate the child complied with any applicable notice requirement under section 16.9, provincial family law legislation, an order, arbitral award, or agreement;
(e)the existence of an order, arbitral award, or agreement that specifies the geographic area in which the child is to reside;
(f)the reasonableness of the proposal of the person who intends to relocate the child to vary the exercise of parenting time, decision-making responsibility or contact, taking into consideration, among other things, the location of the new place of residence and the travel expenses; and
(g)whether each person who has parenting time or decision-making responsibility or a pending application for a parenting order has complied with their obligations under family law legislation, an order, arbitral award, or agreement, and the likelihood of future compliance.
Factor not to be considered
(2)In deciding whether to authorize a relocation of the child, the court shall not consider, if the child’s relocation was prohibited, whether the person who intends to relocate the child would relocate without the child or not relocate.
Burden of proof — person who intends to relocate child
16.93(1)If the parties to the proceeding substantially comply with an order, arbitral award, or agreement that provides that a child of the marriage spend substantially equal time in the care of each party, the party who intends to relocate the child has the burden of proving that the relocation would be in the best interests of the child.
Burden of proof — person who objects to relocation
(2)If the parties to the proceeding substantially comply with an order, arbitral award or agreement that provides that a child of the marriage spends the vast majority of their time in the care of the party who intends to relocate the child, the party opposing the relocation has the burden of proving that the relocation would not be in the best interests of the child.
Burden of proof — other cases
(3)In any other case, the parties to the proceeding have the burden of proving whether the relocation is in the best interests of the child.
Power of court — interim order
16.94A court may decide not to apply subsections 16.93(1) and (2) if the order referred to in those subsections is an interim order.
Costs relating to exercise of parenting time
16.95If a court authorizes the relocation of a child of the marriage, it may provide for the apportionment of costs relating to the exercise of parenting time by a person who is not relocating between that person and the person who is relocating the child.
Notice — persons with contact
16.96(1)A person who has contact with a child of the marriage under a contact order shall notify, in writing, any person with parenting time or decision-making responsibility in respect of that child of their intention to change their place of residence, the date on which the change is expected to occur, the address of their new place of residence and their contact information.
Notice — significant impact
(2)If the change is likely to have a significant impact on the child’s relationship with the person, the notice shall be given at least 60 days before the change in place of residence, in the form prescribed by the regulations, and shall set out, in addition to the information required in subsection (1), a proposal as to how contact could be exercised in light of the change and any other information prescribed by the regulations.
Exception
(3)Despite subsections (1) and (2), the court may, on application, order that the requirements in those subsections, or in the regulations made for the purposes of those subsections, do not apply or modify them, if the court is of the opinion that it is appropriate to do so, including where there is a risk of family violence.
Application without notice
(4)An application referred to in subsection (3) may be made without notice to any other party.
13(1)Subsections 17(1) to (3) of the Act are replaced by the following:
Variation order
17(1)A court of competent jurisdiction may make an order varying, rescinding or suspending, retroactively or prospectively,
(a)a support order or any provision of one, on application by either or both former spouses;
(b)a parenting order or any provision of one, on application by
(i)either or both former spouses, or
(ii)a person, other than a former spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent; or
(c)a contact order or any provision of one, on application by a person to whom the order relates.
Leave of the court
(2)A person to whom the parenting order in question does not relate may make an application under subparagraph (1)‍(b)‍(ii) only with leave of the court.
Variation of parenting order
(2.1)If the court makes a variation order in respect of a contact order, it may make an order varying the parenting order to take into account that variation order, and subsections (3) and (11) apply as a consequence with any necessary modifications.
Variation of contact order
(2.2)If the court makes a variation order in respect of a parenting order, it may make an order varying any contact order to take into account that variation order, and subsections (3) and (11) apply as a consequence with any necessary modifications.
Conditions of order
(3)The court may include in a variation order any provision that under this Act could have been included in the order in respect of which the variation order is sought, and the court has the same powers and obligations that it would have when making that order.
2007, c. 14, s. 1
(2)Subsections 17(5) and (5.1) of the Act are replaced by the following:
Factors for parenting order or contact order
(5)Before the court makes a variation order in respect of a parenting order or contact order, the court shall satisfy itself that there has been a change in the circumstances of the child since the making of the order or the last variation order made in respect of the order, or of an order made under subsection 16.5(9).
Variation order
(5.1)For the purposes of subsection (5), a former spouse’s terminal illness or critical condition shall be considered a change in the circumstances of the child, and the court shall make a variation order in respect of a parenting order with regard to the allocation of parenting time.
Relocation — change in circumstances
(5.2)The relocation of a child is deemed to constitute a change in the circumstances of the child for the purposes of subsection (5).
Relocation prohibited — no change in circumstances
(5.3)A relocation of a child that has been prohibited by a court under paragraph (1)‍(b) or section 16.1 does not, in itself, constitute a change in the circumstances of the child for the purposes of subsection (5).
(3)Section 17 of the Act is amended by adding the following after subsection (6.5):
Priority to child support
(6.6)Section 15.3 applies, with any necessary modifications, when a court is considering an application under paragraph (1)‍(a) in respect of a child support order and an application under that paragraph in respect of a spousal support order.
(4)Subsection 17(9) of the Act is repealed.
(5)Subsection 17(11) of the Act is replaced by the following:
Copy of order
(11)Where a court makes a variation order in respect of a support order, parenting order or contact order made by another court, it shall send a copy of the variation order, certified by a judge or officer of the court, to that other court.
1993, c. 8, ss. 2 and 3 and s. 4(1), c. 28, s. 78 (Sch. III, item 43); 1997, c. 1, ss. 6 and 7; 2002, c. 7, s. 159; 2014, c. 2, s. 33
14Sections 17.1 to 19 of the Act are replaced by the following:
Proceedings Between Provinces and Between a Province and a Designated Jurisdiction To Obtain, Vary, Rescind or Suspend Support Orders or To Recognize Decisions of Designated Jurisdictions
Definitions
Definitions
18The following definitions apply in this section and in sections 18.1 to 19.1.
competent authority means a court that has the authority to make an order or another entity that has the authority to make a decision with respect to support under this Act. (autorité compétente)
designated authority means a person or entity that is designated by a province to exercise the powers or perform the duties and functions set out in sections 18.1 to 19.1 within the province. (autorité désignée)
designated jurisdiction means a jurisdiction outside Canada — whether a country or a political subdivision of a country — that is designated under an Act that relates to the reciprocal enforcement of orders relating to support, of the province in which either of the former spouses resides.‍ (État désigné)
responsible authority means a person or entity that, in a designated jurisdiction, performs functions that are similar to those performed by the designated authority under subsection 19(4).‍ (autorité responsable)
Inter-Jurisdictional Proceedings Between Provinces
Receipt and Sending of Applications
If former spouses reside in different provinces
18.1(1)If the former spouses are resident in different provinces, either of them may, without notice to the other,
(a)commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or
(b)request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service.
Procedure
(2)A proceeding referred to in paragraph (1)‍(a) shall be governed by this section, sections 18.2 and 18.3 and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act.
Application
(3)For the purpose of subsection (1), a former spouse shall submit an application to the designated authority of the province in which they are resident.
Sending application to respondent’s province
(4)After reviewing the application and ensuring that it is complete, the designated authority referred to in subsection (3) shall send it to the designated authority of the province in which the applicant believes the respondent is habitually resident.
Sending application to competent authority in respondent’s province
(5)Subject to subsection (9), the designated authority that receives the application under subsection (4) shall send it to the competent authority in its province.
Provincial child support service
(6)If the competent authority is a provincial child support service, the amount of child support shall be calculated or recalculated in accordance with section 25.01 or 25.1, as the case may be.
Service on respondent by court
(7)If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s obligation to provide documents or information as required by the applicable law.
Service not possible — returned application
(8)If the court or authorized person was unable to serve the documents under subsection (7), they shall return the application to the designated authority referred to in subsection (5).
Respondent resident in another province
(9)If the designated authority knows that the respondent is habitually resident in another province, it shall send the application to the designated authority of that province.
Respondent’s habitual residence unknown
(10)If the habitual residence of the respondent is unknown, the designated authority shall return the application to the designated authority referred to in subsection (3).
Applicant need not be served
(11)Service of the notice and documents or information referred to in subsection (7) on the applicant is not required.
Adjournment of proceeding
(12)If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order.
Request for further evidence
(13)If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the designated authority in the province of the applicant in order to obtain the evidence.
Dismissal of application
(14)If the further evidence required under subsection (13) is not received by the court within 12 months after the day on which the court makes a request to the designated authority, the court may dismiss the application referred to in subsection (3) and terminate the interim order. The dismissal of the application does not preclude the applicant from making a new application.
Order
(15)The court may, on the basis of the evidence and the submissions of the former spouses, 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, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively.
Application of certain provisions
(16)Subsections 15.1(3) to (8) and 15.2(3) to (6), section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (15).
Broad interpretation of documents
(17)For greater certainty, if a court receives a document under this section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad interpretation to the document for the purpose of giving effect to it.
Conversion of Applications
Application to court
18.2(1)If an application is made to a court in a province under paragraph 17(1)‍(a) for a variation order in respect of a support order and the respondent habitually resides in a different province, the respondent may, within 40 days after being served with the application, request that the court convert the application into an application under subsection 18.1(3).
Conversion and sending of application
(2)Subject to subsection (3) and despite section 5, the court that receives the request shall direct that the application made under paragraph 17(1)‍(a), along with the evidence in support of it, be considered as an application under subsection 18.1(3), and shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made.
Exception
(3)If the application under paragraph 17(1)‍(a) is accompanied by an application under paragraph 17(1)‍(b) for a variation order in respect of a parenting order, the court that receives the request shall issue the direction referred to in subsection (2) only if it considers it appropriate to do so in the circumstances.
Application of certain provisions
(4)Once the designated authority receives the copy of the application under subsection (2), subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of that application.
No action by respondent
18.3(1)If an application is made to a court in a province under paragraph 17(1)‍(a) for a variation order in respect of a support order, the respondent habitually resides in a different province and the respondent does not file an answer to the application or request a conversion under subsection 18.2(1), the court to which the application was made
(a)shall hear and determine the application in accordance with section 17 in the respondent’s absence, if it is satisfied that there is sufficient evidence to do so; or
(b)if it is not so satisfied, may direct, despite section 5, that the application, along with the evidence in support of it, be considered as an application under subsection 18.1(3), in which case it shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made.
Assignment of support order
(2)Before the court hears and determines an application under paragraph (1)‍(a), the court shall take into consideration
(a)whether the support order has been assigned under subsection 20.1(1); and
(b)if the support order has been assigned, whether the order assignee received notice of the application and did not request a conversion under subsection 18.2(1).
Application of certain provisions
(3)If paragraph (1)‍(b) applies, then subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of the application.
Proceedings Between a Province and a Designated Jurisdiction
Receipt and Sending of Designated Jurisdictions’ Applications
If applicant resides in designated jurisdiction
19(1)A former spouse who is resident in a designated jurisdiction may, without notice to the other former spouse,
(a)commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or
(b)request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service.
Procedure
(2)A proceeding referred to in paragraph (1)‍(a) shall be governed by this section and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act.
Application
(3)For the purposes of subsection (1), a former spouse shall submit, through the responsible authority in the designated jurisdiction, an application to the designated authority of the province in which the applicant believes the respondent is habitually resident.
Sending application to competent authority in respondent’s province
(4)After reviewing the application and ensuring that it is complete, the designated authority referred to in subsection (3) shall send it to the competent authority in its province.
Provincial child support service
(5)If the competent authority is a provincial child support service, the amount of child support shall be calculated or recalculated in accordance with section 25.01 or 25.1, as the case may be.
Service on respondent by court
(6)If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s obligation to provide documents or information as required by the applicable law.
Service not possible — returned application
(7)If the court or authorized person was unable to serve the documents under subsection (6), they shall return the application to the designated authority referred to in subsection (3).
Return of application to responsible authority
(8)The designated authority shall return the application to the responsible authority in the designated jurisdiction.
Applicant need not be served
(9)Service of the notice and documents or information referred to in subsection (6) on the applicant is not required.
Adjournment of proceeding
(10)If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order.
Request for further evidence
(11)If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the responsible authority in the designated jurisdiction in order to obtain the evidence.
Dismissal of application
(12)If the further evidence required under subsection (11) is not received by the court within 12 months after the day on which the court makes the request to the designated authority, the court may dismiss the application referred to in subsection (3) and terminate the interim order. The dismissal of the application does not preclude the applicant from making a new application.
Order
(13)The court may, on the basis of the evidence and the submissions of the former spouses, 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, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively.
Provisional order
(14)For greater certainty, if an application under paragraph (1)‍(a) contains a provisional order that was made in the designated jurisdiction and does not have legal effect in Canada, the court may take the provisional order into consideration but is not bound by it.
Application of certain provisions
(15)Subsections 15.1(3) to (8) and 15.2(3) to (6), section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (13).
Broad interpretation of documents
(16)For greater certainty, if a court receives a document under this section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad interpretation to the document for the purpose of giving effect to it.
Recognition of Decisions of Designated Jurisdiction
Recognition of decision of designated jurisdiction varying support order
19.1(1)A former spouse who is resident in a designated jurisdiction may, through the responsible authority in the designated jurisdiction, make an application to the designated authority of the province in which the respondent habitually resides for recognition and, if applicable, for enforcement, of a decision of the designated jurisdiction that has the effect of varying a support order.
Registration and recognition
(2)The decision of the designated jurisdiction shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.
Enforcement
(3)A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.
Legal Effect, Enforcement, Compliance and Assignment
1997, c. 1, s. 8(1)
15(1)Subsection 20(2) of the Act is replaced by the following:
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:
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.
1997, c. 1, s. 9
(2)Subsection 20.1(2) of the French version of the Act is replaced by the following:
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):
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.
Definition of State Party
(4)For the purpose of subsection (3), State Party has the same meaning as in section 28.
1990, c. 18, s. 2
17Subsection 21.1(1) of the Act is repealed.
18Subsections 22(1) and (2) of the Act are replaced by the following:
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.
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.
19The Act is amended by adding the following after section 22:
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.
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.
Effect of non-recognition
(3)The court’s decision refusing to recognize the competent authority’s decision has legal effect throughout Canada.
20The portion of subsection 22.1(1) of the Act before paragraph (a) is replaced by the following:
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
2002, c. 8, par. 183(1)‍(i)
21Subsection 23(2) of the Act is replaced by the following:
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.
22The Act is amended by adding the following after section 23:
Means of presenting submissions
23.1If 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.
22.1The Act is amended by adding the following after section 23:
Official languages
23.2(1)A proceeding under this Act may be conducted in English or French, or in both official languages of Canada.
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.
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.
Court forms
(4)The court forms relating to any proceedings under this Act shall be made available in both official languages.
1993, c. 8, s. 5
23Paragraph 25(2)‍(b.‍1) of the Act is replaced by the following:
(b.‍1)respecting the application of section 23.1;
24The Act is amended by adding the following after section 25:
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
1997, c. 1, s. 10
(2)Subsections 25.1(3) and (4) of the Act are replaced by the following:
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.
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.
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).
1997, c. 1, s. 10
(3)Subsection 25.1(6) of the Act is replaced by the following:
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.
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).
26The Act is amended by adding the following after section 25.1:
Ministerial activities
25.2The 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:
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:
Regulations prevail
(2)Regulations made under paragraph (1)‍(b) prevail over rules made under section 25.
1997, c. 1, s. 11
28(1)The portion of subsection 26.1(1) of the English version of the Act before paragraph (a) is replaced by the following:
Guidelines
26.1(1)The Governor in Council may establish guidelines respecting orders for child support, including, but without limiting the generality of the foregoing, guidelines
1997, c. 1, s. 11
(2)Paragraph 26.1(1)‍(h) of the Act is replaced by the following:
(h)respecting the production of information relevant to an order for child support and providing for sanctions and other consequences when that information is not provided.
1997, c. 1, s. 11
(3)Paragraph 26.1(3)‍(c) of the Act is replaced by the following:
(c)an order made under subsection 18.1(15) or 19(13) in respect of a child support order.
(4)Subsection 26.1(3) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d)an order made under subsection 28.5(5) or 29.1(5).
1997, c. 1, s. 12
29Section 28 of the Act is repealed.
30The Act is amended by adding the following after section 27:
International Conventions
Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
Definitions
Definitions
28The following definitions apply in this section and in sections 28.1 to 29.5.
2007 Convention means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007, set out in the schedule.‍ (Convention de 2007)
Central Authority means any person or entity designated under Article 4 of the 2007 Convention that is responsible for carrying out the duties that are imposed on it by the 2007 Convention.  (autorité centrale)
competent authority means a court that has the authority to make an order, or another entity that has the authority to make a decision, with respect to support under this Act. (autorité compétente)
creditor means a former spouse to whom support is owed or who seeks to obtain support.‍ (créancier)
debtor means a former spouse who owes support or from whom support is sought.‍ (débiteur)
State Party means a State other than Canada in which the 2007 Convention applies.‍ (État partie)
Implementation, Interpretation and Application of the 2007 Convention
Force of law
28.1(1)The provisions of the 2007 Convention have the force of law in Canada in so far as they relate to subjects that fall within the legislative competence of Parliament.
Inconsistency
(2)The 2007 Convention prevails over this Act and any other federal law to the extent of any inconsistency between them.
Explanatory Report
28.2In interpreting the 2007 Convention, recourse may be had to the Explanatory Report on the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, adopted by the Twenty-First Session of the Hague Conference on Private International Law held from November 5 to 23, 2007.
Application
28.3Sections 28.4 to 29.5 apply if either the creditor or the debtor, as the case may be, resides in a State Party and the other resides in a province in respect of which Canada has made a declaration extending the application of the 2007 Convention to that province. However, the application of those provisions does not exclude the application of the other provisions of this Act unless there is an indication to the contrary.
Application of Creditor to Central Authority
Recognition of State Party decision varying child support order
28.4(1)A creditor may, through the Central Authority designated by the State Party in which the creditor resides, submit to the Central Authority in the province in which the debtor is habitually resident an application for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a child support order.
Spousal support order
(2)A creditor may also in the same manner submit an application for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a spousal support order if the application is also for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a child support order.
Registration and recognition
(3)The decision of the State Party is registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.
Enforcement
(4)A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.
Establishment or variation of child support order or calculation or recalculation of amount
28.5(1)A creditor may, through the Central Authority designated by the State Party in which the creditor resides, submit to the Central Authority in the province in which the debtor is habitually resident an application to be sent to the competent authority in the province.
Types of applications
(2)An application may seek
(a)to obtain or to vary a child support order; or
(b)to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the debtor habitually resides provides such a service.
Sending of application
(3)The Central Authority shall, in accordance with the law of the province, send the application to the competent authority of that province.
Application of section 19
(4)Subsections 19(5) to (12) and (16) apply with necessary modifications to the application except that a reference to a “respondent” shall be read as “debtor”, a reference to “designated authority” shall be read as “Central Authority in the province in which the debtor is habitually resident”, a reference to “responsible authority in the designated jurisdiction” shall be read as “Central Authority designated by the State Party in which the creditor resides” and “applicant” shall be read as “creditor”.
Order
(5)The court referred to in subsection 19(6) may, on the basis of the evidence and the submissions of the creditor and of the debtor, 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, make a child support order or an order varying a child support order, retroactively or prospectively.
Application of certain provisions
(6)Subsections 15.1(3) to (8), section 15.3 and subsections 17(3), (4), (6) to (6.5) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (5).
Exception
(7)Subsections (1) to (6) apply despite sections 4 and 5.
Application of Debtor to Central Authority
Recognition of State Party decision suspending or limiting enforcement of child support order
29(1)A debtor may, through the Central Authority designated by the State Party in which the debtor resides, submit to the Central Authority in the province in which the creditor is habitually resident an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a child support order.
Spousal support order
(2)A debtor may also in the same manner submit an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a spousal support order, if the application is also for recognition of a decision of the State Party that has the effect of suspending or limiting the enforcement of a child support order.
Registration and recognition
(3)The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, apply in respect of the recognition of the decision.
Enforcement
(4)A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.
Variation of child support order or recalculation of amount
29.1(1)A debtor may, through the Central Authority designated by the State Party in which the debtor resides, submit to the Central Authority in the province in which the creditor is habitually resident an application to be sent to the competent authority in the province.
Types of applications
(2)An application may seek
(a)to vary a child support order; or
(b)to have the amount of child support recalculated, if the provincial child support service in the province in which the creditor habitually resides provides such a service.
Sending of application
(3)The Central Authority shall, in accordance with the law of the province, send the application to the competent authority of that province.
Application of section 19
(4)Subsections 19(5) to (12) and (16) apply with necessary modifications to the application except that a reference to a “respondent” shall be read as “creditor”, a reference to “designated authority” shall be read as “Central Authority in the province in which the creditor is habitually resident”, a reference to “responsible authority in the designated jurisdiction” shall be read as “Central Authority designated by the State Party in which the debtor resides” and “applicant” shall be read as “debtor”.
Order
(5)The court referred to in subsection 19(6) may, on the basis of the evidence and the submissions of the creditor and of the debtor, 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, make an order varying a child support order, retroactively or prospectively.
Application of certain provisions
(6)Subsections 17(3), (4), (6) to (6.5) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (5).
Exception
(7)Subsections (1) to (6) apply despite section 5.
Spousal Support Orders
Declaration in respect of a province
29.2If Canada declares under Article 2 of the 2007 Convention that the application of Chapters II and III of that Convention is to extend, in respect of a province, to spousal support orders, the applications described in sections 28.4 to 29.1 of this Act may also be made in respect of those orders and in that case those sections apply with any necessary modifications.
Application of Creditor to Court
Recognition of State Party decision varying support order
29.3(1)A creditor may submit to a court in the province in which the debtor is habitually resident an application for recognition — and, if applicable, for enforcement — of a decision of a State Party that has the effect of varying a support order.
Registration and recognition
(2)The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.
Enforcement
(3)A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.
Application of Debtor to Court
Recognition of State Party decision suspending or limiting enforcement of support order
29.4(1)A debtor may submit to a court in the province in which the creditor is habitually resident an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a support order.
Registration and recognition
(2)The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.
Enforcement
(3)A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.
Limits on Divorce Proceedings
Support decision obtained in State Party
29.5(1)If a divorce proceeding is commenced in the province in which the debtor is habitually resident, the court of competent jurisdiction is not authorized to make an order under section 15.1 if the creditor has, in the State Party in which the creditor habitually resides, obtained a decision that requires the debtor to pay for the support of any or all of the children of the marriage.
Exceptions
(2)Subsection (1) does not apply if
(a)the creditor accepts the jurisdiction of the court, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;
(b)the decision-making authority that made the decision in the State Party has no jurisdiction to vary the decision or make a new one or refuses to exercise its jurisdiction to do so; or
(c)the decision cannot be recognized or declared enforceable in the province in which the debtor is habitually resident.
31The Act is amended by adding the following before the heading before section 32:
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children
Definitions
Definitions
30The following definitions apply in this section and in sections 30.1 to 31.3.
1996 Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996, set out in the schedule.‍ (Convention de 1996)
State Party means a State other than Canada in which the 1996 Convention applies.‍ (État partie)
Implementation, Interpretation and Application of the 1996 Convention
Force of law
30.1(1)The provisions of the 1996 Convention have the force of law in Canada in so far as they relate to subjects that fall within the legislative competence of Parliament.
Inconsistency
(2)The 1996 Convention prevails over this Act and any other federal law to the extent of any inconsistency between them.
Explanatory Report
30.2In interpreting the 1996 Convention, recourse may be had to the Explanatory Report on the 1996 Hague Child Protection Convention, adopted by the Eighteenth Session of the Hague Conference on Private International Law that was held from September 30 to October 19, 1996.
Application
30.3Sections 30.4 to 31.3 only apply in a province if
(a)Canada has made a declaration extending the application of the 1996 Convention to that province; and
(b)the child of the marriage concerned is under 18 years of age.
Jurisdiction
Child habitually resident in State Party
30.4If a child concerned is habitually resident in a State Party, a court in a province does not have jurisdiction to hear and determine an application in respect of the child for a parenting order, a contact order or a variation order in respect of either such order, except in the circumstances set out in section 30.6, 30.7, 30.9 or 31.
Wrongful removal or retention
30.5In the case of a wrongful removal or retention, as defined in Article 7(2) of the 1996 Convention, a court in a province has jurisdiction to hear and determine an application for a parenting order, a contact order or a variation order in respect of such orders only if the child has become habitually resident in that province and the conditions set out in subparagraphs 7(1)‍(a) or (b) of that Convention have been met.
Child present in province
30.6If one or more of the circumstances set out in Article 6 of the 1996 Convention exist and the child is present in a province, a court in that province that would otherwise have jurisdiction under any of sections 3 to 5 of this Act has jurisdiction to hear and determine an application in respect of the child for a parenting order, a contact order or a variation order in respect of either such order.
Divorce proceeding — child habitually resident in State Party
30.7(1)For the purposes of Article 10 of the 1996 Convention, if the child is habitually resident in a State Party, a court in a province that would otherwise have jurisdiction under section 3 of this Act has jurisdiction to make a parenting order or contact order in respect of the child if
(a)at least one of the spouses has parental responsibility in respect of the child;
(b)the spouses and any other person who has parental responsibility accept the jurisdiction of the court; and
(c)the court is satisfied that it is in the best interests of the child to exercise jurisdiction.
Definition of parental responsibility
(2)For the purposes of subsection (1), parental responsibility has the same meaning as in Article 1(2) of the 1996 Convention.
Transfer of Jurisdiction
State Party better placed to assess child’s best interests
30.8For the purposes of Articles 8 and 9 of the 1996 Convention, a court in the province in which a child is habitually resident that would otherwise have jurisdiction under any of sections 3 to 6 of this Act, or that has jurisdiction under section 30.6 of this Act, may decline to exercise jurisdiction to make, in respect of the child, a parenting order, a contact order or a variation order in respect of such an order if the conditions of Article 8 or 9, as the case may be, are fulfilled and there is agreement between the court and the competent authority of a State Party that the latter will have jurisdiction.
Canadian court better placed to assess child’s best interests
30.9For the purposes of Articles 8 and 9 of the 1996 Convention, only the court in a province that would otherwise have jurisdiction under any of sections 3 to 5 of this Act may exercise jurisdiction to make a parenting order, a contact order or a variation order in respect of such orders if the conditions of Article 8 or 9, as the case may be, are fulfilled and there is agreement between the competent authority of a State Party and the court that the latter will have jurisdiction.
Urgency
Urgent cases
31For the purposes of Article 11 of the 1996 Convention, a court in a province that does not have jurisdiction under sections 30.4 to 30.9 of this Act but that would otherwise have jurisdiction under any of sections 3 to 5 of this Act, may, in urgent cases, make a parenting order, a contact order or a variation order in respect of either such order if the child who would be the subject of the order is present in that province.
Recognition
Recognition by operation of law
31.1(1)For the purposes of Article 23 of the 1996 Convention, a measure taken by a competent authority of a State Party is a measure that has the effect of varying, rescinding or suspending a parenting order or contact order.
Measure taken deemed to be variation order
(2)A measure taken by a competent authority of a State Party that is recognized by operation of law under Article 23(1) of the 1996 Convention is deemed to be an order made under section 17 of this Act.
Extent of validity
(3)Despite subsection 20(2), the measure referred to in subsection (2) is valid only in any province to which the 1996 Convention applies.
Jurisdiction respecting recognition
31.2(1)For the purposes of Article 24 of the 1996 Convention and on application by an interested person, a court in a province has jurisdiction to decide on the recognition of a measure referred to in section 31.1 of this Act if there is a sufficient connection between the matter and the province.
Effect of recognition
(2)The court’s decision recognizing the measure is deemed to be an order made under section 17 and has legal effect throughout Canada.
Effect of non-recognition
(3)The court’s decision refusing to recognize the measure has legal effect throughout Canada.
Enforcement
31.3For the purposes of Article 26 of the 1996 Convention, a measure taken by a competent authority of a State Party that is enforceable in that State Party and that is to be enforced in a province may, on application by an interested person,
(a)be declared to be enforceable by a court in the province and enforced in that province as an order of that court; or
(b)be registered for the purposes of enforcement in the court in that province and enforced in that province as an order of that court.
32Section 33 of the Act is repealed.
1997, c. 1, s. 14
33(1)The portion of subsection 34(1) of the Act before paragraph (b) is replaced by the following:
Variation and enforcement of orders previously made
34(1)Subject to subsection (1.1), any order made under subsection 11(1) of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day under subsection 22(2) of that Act may be varied, rescinded, suspended or enforced in accordance with sections 17 to 20, other than subsection 17(10), of this Act as if
(a)the order were a support order, parenting order or contact order, as the case may be; and
1997, c. 1, s. 14
(2)Subsections 34(2) and (3) of the Act are replaced by the following:
Enforcement of interim orders
(2)Any order made under section 10 of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, may be enforced in accordance with section 20 of this Act as if it were an order made under subsection 15.1(1) or 15.2(1) or section 16.1 or 16.5 of this Act, as the case may be.
Assignment of orders previously made
(3)Any order for the maintenance of a spouse, former spouse or child of the marriage made under section 10 or 11 of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day under subsection 22(2) of that Act may be assigned to any minister, member or agency designated under section 20.1.
34The Act is amended by adding the following after section 35.1:
Agreements entered into under subsection 25.‍1(1)
35.2Any agreement entered into by the Minister of Justice under subsection 25.1(1), as that subsection read immediately before the day on which section 27 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 comes into force, and that continues to be in force on that day, is deemed to have been entered into under subsection 25.1(1), as that subsection read on that day.
Proceedings commenced before coming into force
35.3A proceeding commenced under this Act before the day on which this section comes into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with this Act as it reads as of that day.
Person deemed to have parenting time and decision-making responsibility
35.4Unless a court orders otherwise,
(a)a person who had custody of a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that day, to be a person to whom parenting time and decision-making responsibility have been allocated; and
(b)a spouse or former spouse who had access to a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that date, to be a person to whom parenting time has been allocated.
Person deemed to have contact order
35.5If, immediately before the day on which this section comes into force, a person who is not a spouse or former spouse had access to a child by virtue of a custody order made under this Act, then, as of that day, unless a court orders otherwise, that person is deemed to be a person who has contact with the child under a contact order.
No notice
35.6A person who is deemed under section 35.4, to be a person to whom parenting time or decision-making responsibility has been allocated is not required to give notice under either section 16.8 or 16.9 if a custody order to which they are a party specifies that no notice is required in respect of a change in the place of residence by the person or a child to whom the order relates.
No change in circumstances
35.7For the purposes of subsection 17(5), as enacted by subsection 13(2) 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 coming into force of that Act does not constitute a change in the circumstances of the child.
Variation of orders previously made
35.8An order made before the day on which this section comes into force under subsection 16(1), as that subsection read immediately before that day, or an order made in proceedings disposed of by the court in the manner described in section 35.3, may, as of that day, if it is still in effect, be varied, rescinded or suspended in accordance with section 17, as amended by section 13 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, as if the order were a parenting order or contact order.
Provisional orders
35.9If, before the day on which this section comes into force, a provisional order was made under subsection 18(2) as it read immediately before that day, the provisional order is deemed, as of that day, to be an application made under in subsection 18.1(3) and shall be dealt with and disposed of as such.
35The English version of the Act is amended by replacing “ordinarily” with “habitually” in the following provisions:
(a)the definition age of majority in subsection 2(1);
(b)subsection 3(1);
(c)paragraph 4(1)‍(a); and
(d)paragraph 5(1)‍(a).
36The Act is amended by adding, after section 36, the schedule set out in Schedule 1 to this Act.
37The schedule to the Act is renumbered as Schedule 1.
38The schedule set out in Schedule 2 to this Act is renumbered as Schedule 2.
39The Act is amended by adding, after Sche­dule 1, the Schedule 2 set out in Schedule 2 to this Act.
40The reference to “the schedule” in the definition 2007 Convention in section 28 of the Act is replaced by a reference to “Schedule 1”.
41The reference to “the schedule” in the definition 1996 Convention in section 30 of the Act is replaced by a reference to “Schedule 2”.
R.‍S.‍, c. 4 (2nd Supp.‍)
Family Orders and Agreements Enforcement Assistance Act
2000, c. 12, s. 115
42The long title of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following:
An Act respecting the release of information, garnishment of moneys payable by Her Majesty in right of Canada and denial of licences in relation to family orders
43(1)The definitions access right, court, order and provincial information bank in section 2 of the Act are repealed.
1996, c. 11, par. 99(b); 1999, c. 17, s. 158; 2005, c. 38, par. 138(i); 2013, c. 40, s. 229
(2)The definitions custody provision, family provision, information bank director, provincial enforcement service and support provision in section 2 of the Act are replaced by the following:
custody provision means a provision of an order providing for custody of a child; (disposition de garde)
family provision means a support provision, a parenting provision, a contact provision, a custody provision or an access provision; (disposition familiale)
information bank director means a person who is designated by the regulations as the information bank director for a given information bank; (directeur de fichier)
provincial enforcement service means any entity that is entitled under the laws of a province to enforce family provisions and that is designated in an agreement with the province entered into under section 3; (autorité provinciale)
support provision means a provision of an order for maintenance, alimony or support; (disposition alimentaire)
(3)Section 2 of the Act is amended by adding the following in alphabetical order:
access provision means a provision of an order providing for access to a child; (disposition prévoyant l’accès)
central authority means any person or entity that is acting as a central authority for the purposes of a convention prescribed by the regulations and that is designated in an agreement entered into with a province under section 3; (autorité centrale)
contact provision means a provision in an order made under subsection 16.5(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; (disposition sur les contacts)
designated authority means any person or entity that is responsible under the Divorce Act or a provincial Act for processing inter-jurisdictional support applications and that is designated in an agreement with a province entered into under section 3; (autorité désignée)
information bank means an information bank that is designated by the regulations; (fichier)
parenting provision means a provision in an order made under subsection 16.1(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; (disposition parentale)
provincial child support service means any entity that is designated in an agreement with a province entered into under section 3, and that calculates or recalculates the amount of child support; (service provincial des aliments pour enfants)
(4)Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:
Definition of order
(2)For the purposes of subsection (1), paragraphs 8(1)‍(b) and 9(1)‍(b) and subparagraphs 16(2)‍(a)‍(ii) and (b)‍(ii), unless a contrary intention appears, order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province.
44Paragraph 4(b) of the Act is repealed.
45Section 5 of the Act is replaced by the following:
Designation
5The Minister and a province may designate, in an agreement made under section 3, one or more provincial child support services, provincial enforcement services, designated authorities and central authorities for the purposes of this Part.
Agreement with police force
5.1(1)The Minister may, on behalf of the Government of Canada, enter into an agreement with any police force in Canada for the search for and the release of information under this Part.
Contents of agreement
(2)The agreement must provide for the establishment of safeguards for the protection of information released under this Part.
1993, c. 8, ss. 6 to 9, ss. 10(1), (2), (4) and (5) and s. 11; 1997, c. 1, s. 17 and 18; 2005, c. 38, s. 146; 2012, c. 19, subpar. 695(d)‍(ii); 2013, c. 40, par. 237(1)‍(g)
46The heading before section 7 and sections 7 to 17 of the Act are replaced by the following:
Applications for the Release of Information
General Provisions
Form of application
6.1An application under this Part for the release of information must be in the form approved by the Minister and contain the information prescribed by the regulations.
Provincial enforcement service acting on behalf of other entities
6.2For the purposes of this Part, a provincial enforcement service may act on behalf of a provincial child support service, designated authority or central authority.
Court
Application to court
7Any person, body or service that is seeking to have a support provision established or varied or that is entitled to have a family provision enforced may, on application, which may be made ex parte, request that a court authorize an official of the court to make an application under section 12.
Contents of application — establishment or variation of support provision
8(1)The application under section 7 in relation to the establishment or variation of a support provision must be accompanied by
(a)an affidavit that sets out the reasons for the making of the application; and
(b)in the case of an application in relation to the variation of a support provision, a copy of the order that contains the support provision.
Ex parte application
(2)If the application is made ex parte, the affidavit referred to in paragraph (1)‍(a) must also
(a)state that reasonable steps have been taken to locate the person in respect of whom the applicant is seeking to have a support provision established or varied and that the person has not been located; and
(b)set out the particulars of those reasonable steps.
Ex parte application by individual
(3)If the application is made ex parte by an individual,
(a)the application must also be accompanied by the results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)‍(ii), if any; and
(b)the affidavit referred to in paragraph (1)‍(a) must also
(i)state that the sole purpose of the application is to obtain information for the establishment or variation of a support provision,
(ii)state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person referred to in paragraph 2(a), or with the child or children that is, are or may be the subject of the support provision, or there is a proceeding respecting such a restriction,
(iii)state whether or not the applicant has caused or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and
(iv)state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.
Contents of application — enforcement of family provision
9(1)The application under section 7 in relation to the enforcement of a family provision must be accompanied by
(a)an affidavit that
(i)sets out the reasons for the making of the application,
(ii)alleges a breach of the family provision, and
(iii)sets out particulars of the breach and identifies the person who
(A)if the family provision is a support provision, is in arrears, or
(B)if the family provision is a parenting provision, contact provision, custody provision or access provision, is believed to have with them the child or children who is or are the subject of the provision; and
(b)a copy of the order containing the family provision.
Ex parte application
(2)If the application is made ex parte, the affidavit referred to in paragraph (1)‍(a) must also
(a)state that reasonable steps have been taken to locate the person, child or children referred to in subparagraph (1)‍(a)‍(iii) and that the person, child or children has or have not been located; and
(b)set out the particulars of those reasonable steps.
Ex parte application by individual
(3)If the application is made ex parte by an individual,
(a)the application must also be accompanied by the results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)‍(ii), if any; and
(b)the affidavit referred to in paragraph (1)‍(a) must also
(i)state that the sole purpose of the application is to obtain information to enforce the family provision,
(ii)state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person, child or children referred to in subparagraph (1)‍(a)‍(iii), or there is a proceeding respecting such a restriction,
(iii)state whether or not the applicant has caused or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and
(iv)state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.
Authorization
10A court seized of a valid application under section 7 may make an order in writing authorizing an official of the court to make an application under section 12, if the court is satisfied
(a)that the sole purpose of the application is to obtain information for the establishment or variation of a support provision or the enforcement of a family provision;
(b)that the order is not likely to jeopardize the safety or security of any person; and
(c)in the case of an ex parte application, that the steps referred to in paragraph 8(2)‍(a) or paragraph 9(2)‍(a), as the case may be, have been taken.
Non-disclosure of order
11In the case of an application made ex parte by an individual, the court may order that the Minister shall not, under section 12.1, send to the person referred to in paragraph 8(2)‍(a) or 9(2)‍(a), as the case may be, a copy of the order that authorizes the making of the application and a notice informing them that information will be released.
Application for release of information
12(1)An official who is authorized to do so under section 10 may apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the official.
Supporting documents
(2)The application must be accompanied by a copy of the order made under section 10 that authorizes the making of the application.
Release of information — duty to inform
12.1Unless the court orders otherwise, if the application is made ex parte by an individual, the Minister shall release information under this Part to the official who made the application only if the Minister has sent to the person referred to in paragraph 8(2)‍(a) or 9(2)‍(a) a copy of the order that authorizes the making of the application and a notice informing them that information will be released.
Information given to court
13(1)If information is released under this Part to an official who is authorized under section 10 to apply for the release under section 12, the official shall give the information to the court that granted the authorization.
Sealing of information
(2)The information received by the official and subsequently given to the court shall be sealed and kept in a location to which the public has no access.
Disclosure of information
(3)The court may, for the purpose of establishing or varying a support provision or enforcing a family provision, disclose the information to any person, service or body or official of the court that it considers appropriate and may make any order to protect the confidentiality of the information.
Peace Officer
Application for release of information
14(1)A peace officer who is investigating a child abduction under section 282 or 283 of the Criminal Code may apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the peace officer.
Supporting documents
(2)The application must be accompanied by an affidavit submitted by the peace officer in accordance with subsection (3).
Contents of affidavit
(3)The affidavit must
(a)state that the officer has reasonable grounds to believe that an offence referred to in section 282 or 283 of the Criminal Code has been committed;
(b)state that the information will be used in the investigation of the offence;
(c)identify the person who is believed to have committed the offence and the child or children who is or are alleged to have been abducted; and
(d)state that reasonable steps have been taken to locate the person, child or children and that the person, child or children has or have not been located, and set out particulars of those reasonable steps.
Provincial Enforcement Service
Application for release of information
15(1)A provincial enforcement service may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the provincial enforcement service.
Purposes
(2)An application may be made
(a)to obtain information about a person who is in arrears under a support provision in order to enforce the provision;
(b)to locate a person who is in breach of a parenting provision, a contact provision, a custody provision or an access provision and who is believed to have with them the child or children who is or are the subject of the provision; or
(c)to locate a creditor or debtor under a support provision.
Provincial Child Support Service
Application for release of information
15.1A provincial child support service may, in order to calculate or recalculate the amount of child support, apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the provincial child support service.
Designated Authority
Application for release of information
16(1)A designated authority may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the designated authority.
Purposes
(2)An application may be made
(a)to obtain assistance with the processing of an application made
(i)under the Divorce Act to obtain, vary, rescind or suspend a support order, or to calculate or recalculate the amount of child support, if the parties habitually reside in different provinces, or
(ii)under a provincial Act in respect of reciprocal enforcement of support orders that would establish or vary a support order; or
(b)to obtain assistance with the processing of an application that could be made
(i)under the Divorce Act to obtain, vary, rescind or suspend a support order, or to calculate or recalculate the amount of child support, if the prospective parties habitually reside in different provinces, or
(ii)under a provincial Act in respect of reciprocal enforcement of support orders that would establish or vary a support order.
Central Authority
Application for release of information
16.1(1)A central authority may, for a purpose described in subsection (2), apply to the Minister, in the time and manner prescribed by the regulations, to have the information banks searched in order to release the information prescribed by the regulations to the central authority.
Purposes
(2)An application may be made
(a)to respond to a request for assistance made under a convention that is prescribed by the regulations for the purpose of this paragraph; or
(b)to obtain assistance with the processing of an application made under a convention that is prescribed by the regulations for the purpose of this paragraph.
Search of Information Banks and Release of Information
Request to information bank directors
17(1)On the receipt of an application under this Part, the Minister shall immediately transmit a search request to the information bank directors.
Request by Minister
(2)On the Minister’s own initiative and for a purpose described in subsection (3), the Minister may transmit a search request to the information bank directors in order to release the information prescribed by the regulations to the Minister.
Purposes
(3)A request may be made
(a)to locate a person named in a request for assistance made under a convention that is prescribed by the regulations for the purpose of this paragraph; or
(b)to locate a person named in an application made under a convention that is prescribed by the regulations for the purpose of this paragraph.
Search of information banks
(4)On the receipt of a search request, the information bank directors shall, in accordance with the regulations, cause their designated information banks to be searched immediately and then periodically during the 12-month period following the receipt of the request.
1993, c. 8, s. 12
47Sections 18 to 19.1 of the Act are replaced by the following:
Release of information — information banks
18Subject to the regulations, information in an information bank may be released by one information bank director to another information bank director or to the Minister to assist in conducting a search under this Part.
Transmission of information to Minister
19If information requested under this Part is found in an information bank, the information bank director of that information bank shall cause to be transmitted to the Minister, in accordance with the regulations, all information obtained during the search.
Release of information by Minister
19.1Subject to section 20, the Minister shall release to the applicant the information transmitted to the Minister under this Part.
48Section 20 of the Act is replaced by the following:
Safeguards — provincial entities
20(1)The Minister shall release information under this Part to an applicant that is a provincial enforcement service, a provincial child support service, a designated authority or a central authority only if the province of the applicant has entered into an agreement under section 3 and the Minister is satisfied that the safeguards provided for in the agreement are in place.
Safeguards — peace officer
(2)The Minister shall release information under this Part to an applicant who is a peace officer only if the police force to which the officer belongs has entered into an agreement under section 5.1 and the Minister is satisfied that the safeguards provided for in the agreement are in place.
Search request — Minister’s own initiative
20.1If a search request is made by the Minister on the Minister’s own initiative under subsection 17(2), the Minister may release the information to a person that the Minister considers appropriate.
49(1)The portion of section 22 of the Act before paragraph (a.‍1) is replaced by the following:
Regulations by Governor in Council
22Subject to subsection (2), the Governor in Council may make regulations
(a)prescribing the information that must be contained in an application for the release of information under this Part;
1997, c. 1, s. 20
(2)Paragraph 22(a.‍1) of the English version of the Act is replaced by the following:
(a.‍1)prescribing the time and manner in which an application for the searching of information banks and the release of information under this Part may be made;
(3)Paragraph 22(b) of the Act is replaced by the following:
(b)designating the information banks that may be searched under this Part and the information bank directors for those information banks;
(4)Paragraph 22(c) of the English version of the Act is replaced by the following:
(c)setting out the time and manner in which searches for information under this Part are to be conducted;
(5)Paragraph 22(d) of the Act is replaced by the following:
(d)prescribing the conditions under which information may be released under section 18 by one information bank director to another or to the Minister;
(d.‍1)prescribing the information that is released to an applicant under this Part, which information may vary according to the applicant to whom the information is released;
(6)Section 22 of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(e.‍1)respecting the time and manner in which the Minister must send a copy of an order and a notice under section 12.1;
(e.‍2)prescribing or providing for anything that by this Part is to be prescribed or provided for by the regulations; and
(7)Section 22 of the Act is renumbered as subsection 22(1) and is amended by adding the following:
Limitation
(2)Regulations with respect to the release of taxpayer information, as defined in section 241 of the Income Tax Act, may be made under subsection (1) only on the recommendation of the Minister with the concurrence of the Minister of Finance.
50The heading of Part II of the Act is replaced by the following:
Garnishment of Federal Moneys to Satisfy Orders
51(1)The definitions support order and support provision in subsection 23(1) of the Act are repealed.
(2)The definitions garnishee summons and provincial garnishment law in subsection 23(1) of the Act are replaced by the following:
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)
provincial garnishment law means the law of a province relating to garnishment as it applies to the enforcement of orders; (droit provincial en matière de saisie-arrêt)
(3)Subsection 23(1) of the Act is amended by adding the following in alphabetical order:
provincial enforcement service has the same meaning as in section 2; (autorité provinciale)
(4)Subsection 23(1) of the Act is amended by adding the following in alphabetical order:
order means any of the following — whether interim or final — that is enforceable in a province:
(a)an order, judgment, decision or agreement for maintenance, alimony or support,
(b)an order or judgment respecting expenses that are incurred as a result of the denial of, or the failure to exercise, parenting time, custody, access or contact, or
(c)an order, judgment or agreement respecting expenses that are related to the exercise of parenting time, custody or access in the case of the child’s relocation, as defined in subsection 2(1) of the Divorce Act or provincial law; (ordonnance)
52Section 24 of the Act is replaced by the following:
Her Majesty may be garnisheed
24Despite any other Act of Parliament preventing the garnishment of Her Majesty, Her Majesty may, for the enforcement of orders, be garnisheed in accordance with this Part in respect of all garnishable moneys.
53Section 27 of the Act is replaced by the following:
Location of garnishable moneys
27For the purposes of this Part, garnishable moneys are deemed to be located in the province in which a garnishee summons is issued in respect of the moneys.
1993, c. 8, s. 15; 1997, c. 1, s. 21
54Sections 28 and 29 of the Act are replaced by the following:
Service binds Her Majesty for 12 years
28Subject to the provisions of this Part and the regulations, service on the Minister of an application in the form approved by the Minister that contains the information prescribed by the regulations and of a garnishee summons binds Her Majesty for 12 years in respect of all garnishable moneys payable to the judgment debtor named in the garnishee summons.
Calculation of 12-year period
29For the purposes of section 28, the 12-year period begins on the expiry of the period prescribed by the regulations that immediately follows the service of the garnishee summons on the Minister.
1993, c. 8, s. 15
55Sections 30 and 31 of the Act are replaced by the following:
Her Majesty no longer bound
30A garnishee summons against a judgment debtor ceases to bind Her Majesty after the periods and in the circumstances specified in the regulations.
56Sections 34 and 35 of the Act are replaced by the following:
Method of service
34In addition to any method of service permitted in accordance with provincial garnishment law, service of documents on the Minister under this Part may be effected by any method prescribed by the regulations.
1993, c. 8, s. 16
57Sections 36 and 37 of the Act are replaced by the following:
Notice to ministers
36Immediately after being served with the documents referred to in section 28, the Minister shall notify every minister who is responsible for garnishable moneys of the service of the documents and shall provide them with the information that may be necessary to assist them in determining whether any garnishable moneys are payable to the judgment debtor.
Initial report by ministers
37Immediately after being notified under section 36, each minister who is responsible for garnishable moneys shall report to the Minister on whether those moneys are payable or are foreseeably payable to the judgment debtor.
Demand under Income Tax Act
37.1For the purposes of section 37, if the Minister of National Revenue knows or suspects that garnishable moneys would be payable to a judgment debtor were the debtor to file a return of income for a taxation year, that Minister may, in accordance with subsection 150(2) of the Income Tax Act, demand that the debtor file a return of income for that taxation year.
58Section 40 of the Act is replaced by the following:
Right to search information banks
40Subject to the regulations, the Minister and every minister responsible for garnishable moneys is entitled to have any of the information banks that may be searched under Part I searched for any information necessary to confirm the identity of any judgment debtor.
59Section 41 of the French version of the Act and the heading before it are replaced by the following:
Donner suite à un bref de saisie-arrêt
Délai pour donner suite
41Le ministre donne suite au bref de saisie-arrêt, au nom de Sa Majesté, dans le délai réglementaire.
60Section 42 of the Act is replaced by the following:
Methods of response
42In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Minister may respond to a garnishee summons by any method prescribed by the regulations.
61Section 43 of the French version of the Act is replaced by the following:
Donner suite par courrier recommandé
43Si le ministre 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, que le ministre y a donné suite.
62Subsection 44(2) of the Act is replaced by the following:
Effect of payment to provincial enforcement service
(2)If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by the Minister is, to the extent of the payment, a good and sufficient discharge of Her Majesty’s liability under this Part and under the legislation governing the garnishable moneys.
1993, c. 8, s. 17
63Section 45 of the Act is replaced by the following:
Notice to judgment debtor
45If a garnishee summons is served on the Minister under this Part, the Minister may notify the judgment debtor named in the garnishee summons of that service.
64Section 49 of the English version of the Act and the heading before it are replaced by the following:
Recovery of Excess Payments
Payments to judgment debtor
49If a judgment debtor is paid any garnishable moneys to which the judgment debtor is not entitled by reason of garnishment proceedings permitted under this Part, the amount that is paid is a debt due to Her Majesty by the judgment debtor and may be recovered as such in accordance with the Financial Administration Act or the legislation governing the particular garnishable moneys paid to the judgment debtor.
65Section 50 of the Act is replaced by the following:
Payments to party that instituted proceedings
50Subject to section 51, if garnishable moneys are paid under this Part to or for the benefit of a party that instituted garnishment proceedings permitted under this Part 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 as such in accordance with the Financial Administration Act or by way of deduction from, or set-off or compensation against, any garnishable moneys payable to or for the benefit of that party under this Part.
66Section 53 of the Act is replaced by the following:
Multiple garnishee summonses
53If more than one garnishee summons is served on the Minister under this Part in respect of the same judgment debtor, the garnishee summonses shall be honoured in the manner specified in the regulations.
67Section 59 of the Act is replaced by the following:
Chargeable against judgment debtor
59Subject to any regulations respecting the remittance of the fee referred to in section 58, it is a debt due to Her Majesty by the judgment debtor and may, subject to section 60, be recovered by way of deduction from, or set-off or compensation against, any garnishable moneys payable to the judgment debtor.
68Section 60 of the French version of the Act is replaced by the following:
Limite
60Les frais visés à l’article 58 ne peuvent être recouvrés sur les sommes saisissables à verser en exécution d’un bref de saisie-arrêt.
1993, c. 8, s. 18(1)
69(1)Paragraph 61(a.‍1) of the Act is replaced by the following:
(a.‍1)prescribing the percentage of the amount of garnishable moneys, in relation to the Act of Parliament, the provision of that Act or the program under that Act by or under which the garnishable moneys are authorized to be paid, that is to be exempt from the enforcement of orders;
(2)Subsection 61(b) of the Act is replaced by the following:
(b)prescribing the information that must be contained in an application referred to in section 28;
(3)Section 61 of the Act is amended by adding the following after paragraph (c):
(c.‍1)specifying periods and circumstances for the purposes of section 30;
(4)Paragraph 61(e) of the Act is replaced by the following:
(e)respecting the methods of service of documents and providing for the day on which service of documents on the Minister is deemed to be effected;
(5)Paragraph 61(g) of the Act is replaced by the following:
(g)respecting the methods by which the Minister may respond to garnishee summonses and prescribing the time within which the Minister must do so;
(6)Paragraph 61(h) of the Act is replaced by the following:
(h)respecting the manner in which garnishee summonses must be honoured where there is more than one garnishee summons in respect of the same judgment debtor;
1993, c. 8, s. 18(2)
(7)Paragraph 61(i) of the English version of the Act is replaced by the following:
(i)prescribing a fee in respect of the processing of garnishee summonses and the time and manner of collecting the fee;
1997, c. 1, s. 22
70(1)The definition support provision in section 62 of the Act is repealed.
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 means a person who is in arrears under a support order.‍ (débiteur)
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, 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)
1997, c. 1, s. 22
71Section 63 of the Act is replaced by the following:
Amendments to schedule
63The Governor in Council may, by order, amend the schedule to add to or delete any type or class of licence that may be issued to an individual under an Act of Parliament or under a prerogative of the Crown.
1997, c. 1, s. 22
72Section 64 of the Act is replaced by the following:
Purpose of Part
64The purpose of this Part is to help provincial enforcement services enforce support orders by providing for the denial of certain licences to debtors who are in persistent arrears.
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:
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:
1997, c. 1, s. 22
(2)Subsection 67(2) of the Act is replaced by the following:
Contents of application
(2)An application must be in the form approved by the Minister and must contain the prescribed information.
1997, c. 1, s. 22
(3)The portion of subsection 67(3) of the Act before paragraph (a) is replaced by the following:
Statement
(3)An application must contain a statement by an officer of the provincial enforcement service confirming the following:
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;
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
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,
1997, c. 1, s. 22
74Section 68 of the Act and the heading before it are replaced by the following:
Informing appropriate Ministers
68Immediately on the receipt of a licence denial application, the Minister shall notify each appropriate Minister of the receipt of the application, and shall provide them with any information that may be necessary to assist them in determining whether the debtor to whom the application relates is the holder of a schedule licence.
75The Act is amended by adding the following after section 68:
Right to search information banks
68.1Subject to the regulations, the Minister and the appropriate Minister are entitled to have any of the information banks that may be searched under Part I searched for any information necessary to confirm the identity of the debtor.
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
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.
1997, c. 1, s. 22
(3)Subsection 72(2) of the Act is replaced by the following:
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.
1997, c. 1, s. 22
77Section 77 of the Act and the heading before it are repealed.
1997, c. 1, s. 22
78Section 78 of the Act is replaced by the following:
Regulations
78The Governor in Council may make regulations
(a)respecting the conducting of searches for the purposes of this Part of the information banks that may be searched under Part I;
(b)prescribing anything that by this Part is to be or may be prescribed.
1997, c. 1, s. 22
79The heading of Part IV of the Act is replaced by the following:
General Provisions
No Liability
No liability
78.1No action lies against Her Majesty in right of Canada, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty in right of Canada for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the exercise of any power or performance of any duty under Part I or III.
Research
Matters governed by this Act
78.2The Minister may undertake research related to matters governed by this Act.
1997, c. 1, s. 22
80Section 80 of the Act is replaced by the following:
Prohibition
80An officer or employee of, or person who is hired on a contractual basis by, Her Majesty in right of Canada who obtains personal information, as defined in section 3 of the Privacy Act, under this Act shall not, except in performing their duties under this Act or if so authorized under another Act of Parliament, knowingly communicate the information or allow it to be communicated to any person, or knowingly allow any person to inspect or have access to any statement or other writing containing the information.
R.‍S.‍, c. G-2
Garnishment, Attachment and Pension Diversion Act
81The long title of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:
An Act to provide for the garnishment or attachment of Her Majesty in right of Canada, the Senate, House of Commons, Library of Parliament, Office of the Senate Ethics Officer, Office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and Office of the Parliamentary Budget Officer and for the diversion of pension benefits payable by Her Majesty in right of Canada under certain enactments
82(1)The definition Minister in section 2 of the Act is replaced by the following:
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 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 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 has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act; (autorité provinciale)
83Section 3 of the Act and the heading before it are replaced by the following:
Garnishment
Garnishment permitted
3Despite any law preventing the garnishment of Her Majesty or a parliamentary entity, both may be garnisheed under this Part.
Garnishment under Acts of Parliament
3.1For greater certainty, Her Majesty and parliamentary entities are bound by the law relating to garnishment provided under any Act of Parliament.
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 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 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)
1997, c. 1, s. 25
85Section 6 of the Act is replaced by the following:
Service binds Her Majesty
6(1)Subject to this Division, service on Her Majesty of a garnishee summons, together with a copy of the order against a debtor and an application in the prescribed form, binds Her Majesty 15 days after the day on which those documents are served.
When service is effective
(2)A garnishee summons served on Her Majesty is of no effect unless it is served on Her Majesty in the first 45 days following the first day on which it could have been validly served on Her Majesty.
Her Majesty no longer bound
(3)The garnishee summons ceases to bind Her Majesty after the periods and in the circumstances specified in the regulations.
86(1)Subsection 7(1) of the French version of the Act is replaced by the following:
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:
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.
1997, c. 1, s. 26
87Subparagraph 8(a)‍(i) of the Act is replaced by the following:
(i)the salary to be paid, no later than the last day of the second pay period following the pay period in which Her Majesty is bound by the garnishee summons, and
1997, c. 1, s. 27
88The portion of section 10 of the French version of the Act before paragraph (a) is replaced by the following:
Délai imparti à Sa Majesté pour donner suite
10Sa Majesté dispose, pour donner suite au bref de saisie-arrêt, des délais suivants :
89(1)Subsection 11(1) of the Act is replaced by the following:
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:
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.
1997, c. 1, s. 28
(3)Subsections 11(3) and (4) of the Act are replaced by the following:
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.
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.
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.
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.
90(1)Section 12 of the Act is amended by adding the following after paragraph (a):
(a.‍1)respecting methods of service of documents and providing for the day on which service of documents on Her Majesty is deemed to be effected;
(2)Section 12 of the Act is amended by adding the following after paragraph (b):
(b.‍1)specifying periods and circumstances for the purpose of subsection 6(3);
91Section 15 of the Act is replaced by the following:
Canadian Forces
15In respect of pay and allowances payable to members of the Canadian Forces, Her Majesty is bound by provincial garnishment law to the extent, in the manner, and subject to the terms and conditions that may be provided by or under regulations made under the National Defence Act.
2015, c. 36, s. 126
92The heading of Division IV of Part I of the Act is replaced by the following:
Parliamentary Entities
93(1)The definition prescrit ou réglementaire in section 16 of the French version of the Act is repealed.
(2)The definitions garnishee summons and pay period in section 16 of the Act are replaced by the following:
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 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)
2017, c. 20, s. 162
(3)The portion of paragraph (b) of the definition salary in section 16 of the Act before subparagraph (i) is replaced by the following:
(b)in the case of the staff of a parliamentary entity or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by a parliamentary entity,
2017, c. 20, s. 163
94The portion of section 17 of the Act before paragraph (a) is replaced by the following:
Garnishment of salaries, remuneration
17Each parliamentary entity is, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of
2006, c. 9, s.‍12; 2017, c. 20, ss. 164 and 165
95Sections 18 and 19 of the Act are replaced by the following:
Service binding
18(1)Subject to this Division, service on a parliamentary entity of a garnishee summons, together with a copy of the order against a debtor and an application in the prescribed form, binds the parliamentary entity, 15 days after the day on which those documents are served.
When service is effective
(2)A garnishee summons served on the parliamentary entity is of no effect unless it is served in the first 45 days following the first day on which it could have been validly served.
Parliamentary entity no longer bound
(3)The garnishee summons ceases to bind the parliamentary entity after the periods and in the circumstances specified in the regulations.
Place of service
19(1)Service of documents on a parliamentary entity in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.
Method of service
(2)In addition to any method of service permitted by the law of a province, service of documents under subsection (1) may be effected by any prescribed method.
2006, c.‍9, s.‍13; 2017, c.‍20, s.‍166(1)‍(F)
96(1)The portion of section 21 of the French version of the Act before paragraph (a) is replaced by the following:
Sommes frappées d’indisponibilité par la signification du bref de saisie-arrêt
21Pour les besoins de toute procédure de saisie-arrêt prévue par la présente section, la signification à une entité parlementaire du bref de saisie-arrêt frappe d’indisponibilité les sommes suivantes dont l’entité en question est redevable envers le débiteur mentionné dans le bref :
2006, c. 9, s. 13; 2017, c. 20, s. 166(2)
(2)Subparagraph 21(a)‍(i) of the Act is replaced by the following:
(i)the salary to be paid, no later than the last day of the second pay period following the pay period in which the parliamentary entity is bound by the garnishee summons, and
2006, c. 9, s. 13; 2017, c. 20, s. 166(3)‍(E)
(3)Paragraph 21(b) of the English version of the Act is replaced by the following:
(b)in the case of remuneration described in paragraph 17(b),
(i)the remuneration payable on the 15th day following the day on which the parliamentary entity is bound by the garnishee summons, and
(ii)either
(A)any remuneration becoming payable in the 30 days following the 15th day after the day on which the parliamentary entity is bound by the garnishee summons that is owing on that 15th day or that becomes owing in the 14 days following that 15th day, or
(B)if the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the 15th day after the day on which the parliamentary entity is bound by the garnishee summons.
2006, c. 9, s. 14; 2017, c. 20, s. 167(1)
97(1)The portion of section 22 of the Act before paragraph (a) is replaced by the following:
Time period to respond to garnishee summons
22The parliamentary entity has the following time period within which to respond to a garnishee summons:
2006, c. 9, s. 14; 2017, c. 20, s. 167(2)‍(E)
(2)Paragraph 22(a) of the English version of the Act is replaced by the following:
(a)in the case of a salary, 15 days, or any lesser number of days that is prescribed, after the last day of the second pay period next following the pay period in which the parliamentary entity is bound by the garnishee summons; or
2006, c. 9, s. 15; 2017, c. 20, s. 168
98Section 23 of the Act is replaced by the following:
Methods of response
23(1)In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the parliamentary entity may respond to a garnishee summons by any prescribed method.
Response by registered mail
(2)If the parliamentary entity responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the entity has responded to the garnishee summons.
Effect of payment into court
(3)A payment into court by the parliamentary entity is a good and sufficient discharge of its liability, to the extent of the payment.
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 the parliamentary entity is a good and sufficient discharge of its liability, to the extent of the payment.
Recovery
(4)If, in honouring a garnishee summons, a parliamentary entity, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess is a debt due to the entity 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.
Recovery from party who instituted proceedings
(5)If moneys are paid by a parliamentary entity 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 the entity 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.
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
2017, c. 20, s. 170
100Section 26 of the Act is replaced by the following:
No execution
26No execution shall issue on an order made against a parliamentary entity in garnishment proceedings permitted by this Part.
101Section 28 of the Act is replaced by the following:
Ranking of Her Majesty
27.1Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any moneys that are payable to the debtor even though a garnishee summons in respect of those moneys has been served on Her Majesty or a parliamentary entity and the amount of the indebtedness may be recovered or retained in any manner authorized by law when a debtor is indebted
(a)to Her Majesty; or
(b)to Her Majesty in right of a province on account of taxes payable to any province and an agreement exists between Canada and the province under which Canada is authorized to collect the tax on the province’s behalf.
Priority of garnishee summons
27.2Subject to section 27.1, in the application of this Part, a garnishee summons for a maintenance, alimony or support obligation shall be honoured before any other garnishee summons.
No execution against Her Majesty
28No execution shall issue on an order made against Her Majesty in garnishment proceedings permitted by this Part.
102Section 30 of the English version of the Act is replaced by the following:
Prohibition
30No employee shall be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken with respect to that employee.
103The heading of Part II of the French version of the Act is replaced by the following:
Distraction de prestations de pension pour l’exécution d’ordonnances de soutien financier
104Section 31 of the Act is replaced by the following:
Application
31This Part applies only in respect of the enforcement of financial support orders against pension benefits that are payable under the enactments listed in the schedule.
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.
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 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 means the Minister or Ministers designated under section 40.2; (ministre)
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 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 means Her Majesty in right of Canada; (Sa Majesté)
provincial enforcement service has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act; (autorité provinciale)
2000, c. 12, s. 121
106(1)Subsections 33(1) to (3) of the Act are replaced by the following:
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.
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.
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):
Contents of application
(2.1)The application must contain the prescribed information and be accompanied by the prescribed documents.
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.
107(1)Section 35.1 of the Act is amended by adding the following after subsection (1):
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.
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:
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
1997, c. 1, s. 33
108Sections 35.3 and 35.4 of the Act are replaced by the following:
Provision of information
35.3On 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.
Representation
35.4An 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.
1997, c. 1, s. 34
109Paragraphs 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:
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:
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:
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:
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.
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.
1997, c. 1, s. 38
112Section 40.1 of the Act is replaced by the following:
Arrears
40.1In 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.
113Section 41 of the Act is replaced by the following:
Designation of Minister
40.2The 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.
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.
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.
114(1)Paragraph 42(1)‍(a) of the Act is replaced by the following:
(a)to the extent that it was in error paid to the recipient, is a debt due to Her Majesty by the recipient, and may be recovered from the recipient by way of deduction from, or set-off or compensation against, future pension benefits to be paid to the recipient; and
(2)Subsection 42(2) of the Act is replaced by the following:
Recovery
(2)If a diversion payment made to an applicant is greater than the amount that should have been paid to the applicant under this Part, the amount of the excess is a debt due to Her Majesty by the applicant and may be recovered from the applicant by way of deduction from, or set-off or compensation against, future diversion payments to be paid to the applicant under this Part.
115(1)The portion of section 46 of the French version of the Act before paragraph (a) is replaced by the following:
Règlements
46Le gouverneur en conseil peut, sur recommandation du ministre, prendre des règlements :
(2)Paragraphs 46(a) and (b) of the Act are replaced by the following:
(a)respecting the making of applications on behalf of a person by another person or by a provincial enforcement service under section 33, and respecting the payment of diverted amounts to a person for the benefit of another person or to a provincial enforcement service;
(b)respecting the amount or amounts to be diverted from a recipient’s net pension benefit, and respecting the procedure to be followed in any situation not dealt with in sections 36 to 40;
(3)Section 46 of the Act is amended by adding the following after subsection (a):
(a.‍1)respecting documents which must accompany an application made under section 33, which documents may vary according to the applicant and the circumstances specified in the regulations;
(a.‍2)respecting the submission of the document referred to in subsection 33(2.2);
1997, c. 1, s. 39
(4)Paragraphs 46(b.‍1) to (e) of the French version of the Act are replaced by the following:
b.‍1)concernant la communication des renseignements visés à l’article 35.3;
c)concernant les motifs entraînant la modification de la somme distraite ou la cessation de la distraction, ainsi que les procédures s’y rapportant;
d)prévoyant toute mesure d’ordre réglementaire prévue par la présente partie;
e)prévoyant toute autre mesure d’application de la présente partie.
(5)Section 46 of the Act is amended by adding the following after paragraph (b.‍1):
(b.‍2)respecting methods of notification for the purpose of section 39 and providing for the day on which notification is deemed to be effected for the purpose of that section;
(b.‍3)prescribing the circumstances in which a copy of the financial support order referred to in subsection 39(5) is to be certified;
116The Act is amended by adding the following after section 47:
PART III 
General Provisions
Designation of Minister
48The 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 or Part I.
Research
49(1)The Minister may undertake research related to matters governed by this Act.
Agreement to collect information
(2)The Minister shall not collect information for the purpose of subsection (1) from a parliamentary entity unless the Minister entered into an agreement to do so with the entity in question.
Parliamentary entity
(3)For the purpose of this section, parliamentary entity has the same meaning as in section 2.
Prohibition
50An officer or employee of, or person who is hired on a contractual basis by, Her Majesty in right of Canada or a parliamentary entity who obtains personal information, as defined in section 3 of the Privacy Act, under this Act shall not, except in performing their duties under this Act or if so authorized under another Act of Parliament, knowingly communicate the information or allow it to be communicated to any person, or knowingly allow any person to inspect or have access to any statement or other writing containing the information.
Offence and punishment
51Every person who contravenes section 50 is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months, or to both.
117The schedule to the Act is amended by replacing the reference after the heading “SCHEDULE” with the following:
(Section 31, subsection 32(1), section 40.‍2 and subsection 41(2))
118Item 10 of the schedule to the Act is replaced by the following:
10
Royal Canadian Mounted Police Superannuation Act, Parts I and III.
119Item 13 of the schedule to the Act is repealed.
Transitional Provisions
Family Orders and Agreements Enforcement Assistance Act
120(1)In this section, other Act means the Family Orders and Agreements Enforcement Assistance Act.
Former Part I of other Act
(2)Part I of the other Act, as it read immediately before the day on which section 46 of this Act comes into force, applies to an application made before that day under any of sections 7 to 14 of the other Act and with respect to which the 12-month period set out in section 17 of the other Act has not expired on that day.
Former sections 28 and 29 of other Act
(3)Sections 28 and 29 of the other Act, as it read immediately before the day on which section 54 of this Act comes into force, applies to a garnishee summons and an application served on Her Majesty in right of Canada under section 28 of the other Act before that day and which bind Her Majesty in right of Canada on or after that day.
Garnishment, Attachment and Pension Diversion Act — garnishee summons
121Subsections 6(2) and 18(2) of the Garnishment, Attachment and Pension Diversion Act (“other Act”), as they read immediately before the day on which section 85 of this Act comes into force, apply to a garnishee summons served under the other Act before that day.
R.‍S.‍, c. C-46
Consequential Amendments to the Criminal Code
2004, c. 15, s. 108
122Subparagraph (a)‍(li) of the definition offence in section 183 of the Criminal Code is replaced by the following:
(li)section 282 (abduction in contravention of custody order or parenting order),
1993, c. 45, s. 4
123Section 282 of the Act is replaced by the following:
Abduction in contravention of custody or parenting order
282(1)Every one who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, in contravention of a custody order or a parenting order made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that child, of the possession of that child is guilty of
(a)an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b)an offence punishable on summary conviction.
If no belief in validity of custody order or parenting order
(2)If a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order or parenting order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under that section.
1993, c. 45, s. 5
124The portion of subsection 283(1) of the Act before paragraph (a) is replaced by the following:
Abduction
283(1)Everyone who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, whether or not there is an order referred to in subsection 282(1) in respect of the child , with intent to deprive a parent, guardian or any other person who has the lawful care or charge of that child, of the possession of that child, is guilty of
Coordinating Amendments
Divorce Act — Sections 30 and 31
125(1)If section 31 comes into force before section 30,
(a)sections 37 to 41 are deemed never to have come into force and are repealed;
(b)the Divorce Act is amended by adding, after section 36, the schedule set out in Schedule 2 to this Act; and
(c)section 36 is replaced by the following:
36(1)The schedule set out in Schedule 1 to this Act is renumbered as Schedule 2.
(2)The schedule to the Act is renumbered as Schedule 1.
(3)The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 1 to this Act.
(4)The reference to “the schedule” in the definition 2007 Convention in section 28 of the Act is replaced by a reference to “Schedule 2”.
(5)The reference to “the schedule” in the definition 1996 Convention in section 30 of the Act is replaced by a reference to “Schedule 1”.
(2)If sections 30 and 31 come into force on the same day, then that section 30 is deemed to have come into force before that section 31.
Coming into Force
Order in council
126(1)Subsections 1(1) to (4), (6) and (7), sections 2 to 6, 8 to 15, subsection 16(2), sections 17 to 19, 21, 22 and 23 to 25, subsection 28(3) and sections 32 to 35 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(2)Subsections 16(1) and (3) and 28(4) and sections 30 and 36 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (1).
Order in council
(3)Subsection 1(5) and sections 7, 20, 31 and 37 to 41 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (1).
Order in council
(3.1)Section 22.1 comes into force in one or more provinces on a day or days to be fixed by order of the Governor in Council.
Order in council
(4)Sections 43, 45, 46 and 48 and subsections 49(1), (3) and (5) to (7) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(5)Subsections 51(1) and (4), sections 52, 54 and 66 and subsections 69(2) and (6) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(6)Subsections 73(2) to (6), section 74 and subsection 76(3) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(7)Subsections 105(1), 106(2), 111(2) to (4) and 115(3) and (5) come into force on a day to be fixed by order of the Governor in Council.


SCHEDULE 1
(Section 36)
SCHEDULE
(Section 28)
Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
Preamble
The States signatory to the present Convention,
Desiring to improve co-operation among States for the international recovery of child support and other forms of family maintenance,
Aware of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair,
Wishing to build upon the best features of existing Hague Conventions and other international instruments, in particular the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956,
Seeking to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities,
Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989,
in all actions concerning children the best interests of the child shall be a primary consideration,
every child has a right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development,
the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development, and
States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child,
Have resolved to conclude this Convention and have agreed upon the following provisions
Chapter I
Object, Scope and Definitions
Article 1
Object
The object of the present Convention is to ensure the effective international recovery of child support and other forms of family maintenance, in particular by –
a)establishing a comprehensive system of co-operation between the authorities of the Contracting States;
b)making available applications for the establishment of maintenance decisions;
c)providing for the recognition and enforcement of maintenance decisions; and
d)requiring effective measures for the prompt enforcement of maintenance decisions.
Article 2
Scope
1This Convention shall apply –
a)to maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years;
b)to recognition and enforcement or enforcement of a decision for spousal support when the application is made with a claim within the scope of sub-paragraph a); and
c)with the exception of Chapters II and III, to spousal support.
2Any Contracting State may reserve, in accordance with Article 62, the right to limit the application of the Convention under sub-paragraph 1 a), to persons who have not attained the age of 18 years. A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation.
3Any Contracting State may declare in accordance with Article 63 that it will extend the application of the whole or any part of the Convention to any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons. Any such declaration shall give rise to obligations between two Contracting States only in so far as their declarations cover the same maintenance obligations and parts of the Convention.
4The provisions of this Convention shall apply to children regardless of the marital status of the parents.
Article 3
Definitions
For the purposes of this Convention –
a)“creditor” means an individual to whom maintenance is owed or is alleged to be owed;
b)“debtor” means an individual who owes or who is alleged to owe maintenance;
c)“legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings;
d)“agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference;
e)“maintenance arrangement” means an agreement in writing relating to the payment of maintenance which
i)has been formally drawn up or registered as an authentic instrument by a competent authority, or
ii)has been formally drawn up or registered as an authentic instrument by a competent authority; or
and may be the subject of review and modification by a competent authority;
f)“vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.
Chapter II
Administrative Co-operation
Article 4
Designation of Central Authorities
1A Contracting State shall designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority.
2Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and shall specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.
3The designation of the Central Authority or Central Authorities, their contact details, and where appropriate the extent of their functions as specified in paragraph 2, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law at the time when the instrument of ratification or accession is deposited or when a declaration is submitted in accordance with Article 61. Contracting States shall promptly inform the Permanent Bureau of any changes.
Article 5
General Functions of Central Authorities
Central Authorities shall –
a)co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention;
b)seek as far as possible solutions to difficulties which arise in the application of the Convention.
Article 6
Specific Functions of Central Authorities
1Central Authorities shall provide assistance in relation to applications under Chapter III. In particular they shall –
a)transmit and receive such applications;
b)initiate or facilitate the institution of proceedings in respect of such applications.
2In relation to such applications they shall take all appropriate measures –
a)where the circumstances require, to provide or facilitate the provision of legal assistance;
b)to help locate the debtor or the creditor;
c)to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets;
d)to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;
e)to facilitate the ongoing enforcement of maintenance decisions, including any arrears;
f)to facilitate the collection and expeditious transfer of maintenance payments;
g)to facilitate the obtaining of documentary or other evidence;
h)to provide assistance in establishing parentage where necessary for the recovery of maintenance;
i)to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;
j)to facilitate service of documents.
3The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent.
4Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.
Article 7
Requests for Specific Measures
1A Central Authority may make a request, supported by reasons, to another Central Authority to take appropriate specific measures under Article 6(2) b), c), g), h), i) and j) when no application under Article 10 is pending. The requested Central Authority shall take such measures as are appropriate if satisfied that they are necessary to assist a potential applicant in making an application under Article 10 or in determining whether such an application should be initiated.
2A Central Authority may also take specific measures on the request of another Central Authority in relation to a case having an international element concerning the recovery of maintenance pending in the requesting State.
Article 8
Central Authority Costs
1Each Central Authority shall bear its own costs in applying this Convention.
2Central Authorities may not impose any charge on an applicant for the provision of their services under the Convention save for exceptional costs arising from a request for a specific measure under Article 7.
3The requested Central Authority may not recover the costs of the services referred to in paragraph 2 without the prior consent of the applicant to the provision of those services at such cost.
Chapter III
Applications Through Central Authorities
Article 9
Application Through Central Authorities
An application under this Chapter shall be made through the Central Authority of the Contracting State in which the applicant resides to the Central Authority of the requested State. For the purpose of this provision, residence excludes mere presence.
Article 10
Available Applications
1The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention –
a)recognition or recognition and enforcement of a decision;
b)enforcement of a decision made or recognised in the requested State;
c)establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage;
d)establishment of a decision in the requested State where recognition and enforcement of a decision is not possible, or is refused, because of the lack of a basis for recognition and enforcement under Article 20, or on the grounds specified in Article 22 b) or e);
e)modification of a decision made in the requested State;
f)modification of a decision made in a State other than the requested State.
2The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision –
a)recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State;
b)modification of a decision made in the requested State;
c)modification of a decision made in a State other than the requested State.
3Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 c) to f) and 2 b) and c) shall be subject to the jurisdictional rules applicable in the requested State.
Article 11
Application Contents
1All applications under Article 10 shall as a minimum include –
a)a statement of the nature of the application or applications;
b)the name and contact details, including the address and date of birth of the applicant;
c)the name and, if known, address and date of birth of the respondent;
d)the name and date of birth of any person for whom maintenance is sought;
e)the grounds upon which the application is based;
f)in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted;
g)save in an application under Article 10(1) a) and (2) a), any information or document specified by declaration in accordance with Article 63 by the requested State;
h)the name and contact details of the person or unit from the Central Authority of the requesting State responsible for processing the application.
2As appropriate, and to the extent known, the application shall in addition in particular include –
a)the financial circumstances of the creditor;
b)the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor;
c)any other information that may assist with the location of the respondent.
3The application shall be accompanied by any necessary supporting information or documentation including documentation concerning the entitlement of the applicant to free legal assistance. In the case of applications under Article 10(1) a) and (2) a), the application shall be accompanied only by the documents listed in Article 25.
4An application under Article 10 may be made in the form recommended and published by the Hague Conference on Private International Law.
Article 12
Transmission, Receipt and Processing of Applications and Cases Through Central Authorities
1The Central Authority of the requesting State shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be necessary for consideration of the application.
2The Central Authority of the requesting State shall, when satisfied that the application complies with the requirements of the Convention, transmit the application on behalf of and with the consent of the applicant to the Central Authority of the requested State. The application shall be accompanied by the transmittal form set out in Annex 1. The Central Authority of the requesting State shall, when requested by the Central Authority of the requested State, provide a complete copy certified by the competent authority in the State of origin of any document specified under Articles 16(3), 25(1) a), b), and d), (3) b) and 30(3).
3The requested Central Authority shall, within six weeks from the date of receipt of the application, acknowledge receipt in the form set out in Annex 2, and inform the Central Authority of the requesting State what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application.
4Within three months after the acknowledgement, the requested Central Authority shall inform the requesting Central Authority of the status of the application.
5Requesting and requested Central Authorities shall keep each other informed of –
a)the person or unit responsible for a particular case;
b)the progress of the case,
and shall provide timely responses to enquiries.
6Central Authorities shall process a case as quickly as a proper consideration of the issues will allow.
7Central Authorities shall employ the most rapid and efficient means of communication at their disposal.
8A requested Central Authority may refuse to process an application only if it is manifest that the requirements of the Convention are not fulfilled. In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal.
9The requested Central Authority may not reject an application solely on the basis that additional documents or information are needed. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. If the requesting Central Authority does not do so within three months or a longer period specified by the requested Central Authority, the requested Central Authority may decide that it will no longer process the application. In this case, it shall inform the requesting Central Authority of this decision.
Article 13
Means of Communication
Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.
Article 14
Effective Access to Procedures
1The requested State shall provide applicants with effective access to procedures, including enforcement and appeal procedures, arising from applications under this Chapter.
2To provide such effective access, the requested State shall provide free legal assistance in accordance with Articles 14 to 17 unless paragraph 3 applies.
3The requested State shall not be obliged to provide such free legal assistance if and to the extent that the procedures of that State enable the applicant to make the case without the need for such assistance, and the Central Authority provides such services as are necessary free of charge.
4Entitlements to free legal assistance shall not be less than those available in equivalent domestic cases.
5No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings under the Convention.
Article 15
Free Legal Assistance for Child Support Applications
1The requested State shall provide free legal assistance in respect of all applications by a creditor under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.
2Notwithstanding paragraph 1, the requested State may, in relation to applications other than those under Article 10(1) a) and b) and the cases covered by Article 20(4), refuse free legal assistance if it considers that, on the merits, the application or any appeal is manifestly unfounded.
Article 16
Declaration To Permit Use of Child-centred Means Test
1Notwithstanding Article 15(1), a State may declare, in accordance with Article 63, that it will provide free legal assistance in respect of applications other than under Article 10(1) a) and b) and the cases covered by Article 20(4), subject to a test based on an assessment of the means of the child.
2A State shall, at the time of making such a declaration, provide information to the Permanent Bureau of the Hague Conference on Private International Law concerning the manner in which the assessment of the child’s means will be carried out, including the financial criteria which would need to be met to satisfy the test.
3An application referred to in paragraph 1, addressed to a State which has made the declaration referred to in that paragraph, shall include a formal attestation by the applicant stating that the child’s means meet the criteria referred to in paragraph 2. The requested State may only request further evidence of the child’s means if it has reasonable grounds to believe that the information provided by the applicant is inaccurate.
4If the most favourable legal assistance provided for by the law of the requested State in respect of applications under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a child is more favourable than that provided for under paragraphs 1 to 3, the most favourable legal assistance shall be provided.
Article 17
Applications not Qualifying Under Article 15 or Article 16
In the case of all applications under this Convention other than those under Article 15 or Article 16
a)the provision of free legal assistance may be made subject to a means or a merits test;
b)an applicant, who in the State of origin has benefited from free legal assistance, shall be entitled, in any proceedings for recognition or enforcement, to benefit, at least to the same extent, from free legal assistance as provided for by the law of the State addressed under the same circumstances.
Chapter IV
Restrictions on Bringing Proceedings
Article 18
Limit on Proceedings
1Where a decision is made in a Contracting State where the creditor is habitually resident, proceedings to modify the decision or to make a new decision cannot be brought by the debtor in any other Contracting State as long as the creditor remains habitually resident in the State where the decision was made.
2Paragraph 1 shall not apply –
a)where, except in disputes relating to maintenance obligations in respect of children, there is agreement in writing between the parties to the jurisdiction of that other Contracting State;
b)where the creditor submits to the jurisdiction of that other Contracting State either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;
c)where the competent authority in the State of origin cannot, or refuses to, exercise jurisdiction to modify the decision or make a new decision; or
d)where the decision made in the State of origin cannot be recognised or declared enforceable in the Contracting State where proceedings to modify the decision or make a new decision are contemplated.
Chapter V
Recognition and Enforcement
Article 19
Scope of the Chapter
1This Chapter shall apply to a decision rendered by a judicial or administrative authority in respect of a maintenance obligation. The term “decision” also includes a settlement or agreement concluded before or approved by such an authority. A decision may include automatic adjustment by indexation and a requirement to pay arrears, retroactive maintenance or interest and a determination of costs or expenses.
2If a decision does not relate solely to a maintenance obligation, the effect of this Chapter is limited to the parts of the decision which concern maintenance obligations.
3For the purpose of paragraph 1, “administrative authority” means a public body whose decisions, under the law of the State where it is established –
a)may be made the subject of an appeal to or review by a judicial authority; and
b)have a similar force and effect to a decision of a judicial authority on the same matter.
4This Chapter also applies to maintenance arrangements in accordance with Article 30.
5The provisions of this Chapter shall apply to a request for recognition and enforcement made directly to a competent authority of the State addressed in accordance with Article 37.
Article 20
Bases for Recognition and Enforcement
1A decision made in one Contracting State (“the State of origin”) shall be recognised and enforced in other Contracting States if –
a)the respondent was habitually resident in the State of origin at the time proceedings were instituted;
b)the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;
c)the creditor was habitually resident in the State of origin at the time proceedings were instituted;
d)the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there;
e)except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or
f)the decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties.
2A Contracting State may make a reservation, in accordance with Article 62, in respect of paragraph 1 c), e) or f).
3A Contracting State making a reservation under paragraph 2 shall recognise and enforce a decision if its law would in similar factual circumstances confer or would have conferred jurisdiction on its authorities to make such a decision.
4A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor. The preceding sentence shall not apply to direct requests for recognition and enforcement under Article 19(5) or to claims for support referred to in Article 2(1) b).
5A decision in favour of a child under the age of 18 years which cannot be recognised by virtue only of a reservation in respect of paragraph 1 c), e) or f) shall be accepted as establishing the eligibility of that child for maintenance in the State addressed.
6A decision shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.
Article 21
Severability and Partial Recognition and Enforcement
1If the State addressed is unable to recognise or enforce the whole of the decision, it shall recognise or enforce any severable part of the decision which can be so recognised or enforced.
2Partial recognition or enforcement of a decision can always be applied for.
Article 22
Grounds for Refusing Recognition and Enforcement
Recognition and enforcement of a decision may be refused if –
a)recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed;
b)the decision was obtained by fraud in connection with a matter of procedure;
c)proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted;
d)the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed;
e)in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin
i)when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
ii)when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or
f)the decision was made in violation of Article 18.
Article 23
Procedure on an Application for Recognition and Enforcement
1Subject to the provisions of the Convention, the procedures for recognition and enforcement shall be governed by the law of the State addressed.
2Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either –
a)refer the application to the competent authority which shall without delay declare the decision enforceable or register the decision for enforcement; or
b)if it is the competent authority take such steps itself.
3Where the request is made directly to a competent authority in the State addressed in accordance with Article 19(5), that authority shall without delay declare the decision enforceable or register the decision for enforcement.
4A declaration or registration may be refused only on the ground set out in Article 22 a). At this stage neither the applicant nor the respondent is entitled to make any submissions.
5The applicant and the respondent shall be promptly notified of the declaration or registration, made under paragraphs 2 and 3, or the refusal thereof in accordance with paragraph 4, and may bring a challenge or appeal on fact and on a point of law.
6A challenge or an appeal is to be lodged within 30 days of notification under paragraph 5. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 60 days of notification.
7A challenge or appeal may be founded only on the following –
a)the grounds for refusing recognition and enforcement set out in Article 22;
b)the bases for recognition and enforcement under Article 20;
c)the authenticity or integrity of any document transmitted in accordance with Article 25(1) a), b) or d) or (3) b).
8A challenge or an appeal by a respondent may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.
9The applicant and the respondent shall be promptly notified of the decision following the challenge or the appeal.
10A further appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.
11In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.
Article 24
Alternative Procedure on an Application for Recognition and Enforcement
1Notwithstanding Article 23(2) to (11), a State may declare, in accordance with Article 63, that it will apply the procedure for recognition and enforcement set out in this Article.
2Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either –
a)refer the application to the competent authority which shall decide on the application for recognition and enforcement; or
b)if it is the competent authority, take such a decision itself.
3A decision on recognition and enforcement shall be given by the competent authority after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard.
4The competent authority may review the grounds for refusing recognition and enforcement set out in Article 22 a), c) and d) of its own motion. It may review any grounds listed in Articles 20, 22 and 23(7) c) if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article 25.
5A refusal of recognition and enforcement may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.
6Any appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.
7In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.
Article 25
Documents
1An application for recognition and enforcement under Article 23 or Article 24 shall be accompanied by the following
a)a complete text of the decision;
b)a document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements;
c)if the respondent did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law;
d)where necessary, a document showing the amount of any arrears and the date such amount was calculated;
e)where necessary, in the case of a decision providing for automatic adjustment by indexation, a document providing the information necessary to make the appropriate calculations;
f)where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin.
2Upon a challenge or appeal under Article 23(7) c) or upon request by the competent authority in the State addressed, a complete copy of the document concerned, certified by the competent authority in the State of origin, shall be provided promptly –
a)by the Central Authority of the requesting State, where the application has been made in accordance with Chapter III;
b)by the applicant, where the request has been made directly to a competent authority of the State addressed.
3A Contracting State may specify in accordance with Article 57
a)that a complete copy of the decision certified by the competent authority in the State of origin must accompany the application;
b)circumstances in which it will accept, in lieu of a complete text of the decision, an abstract or extract of the decision drawn up by the competent authority of the State of origin, which may be made in the form recommended and published by the Hague Conference on Private International Law; or
c)that it does not require a document stating that the requirements of Article 19(3) are met.
Article 26
Procedure on an Application for Recognition
This Chapter shall apply mutatis mutandis to an application for recognition of a decision, save that the requirement of enforceability is replaced by the requirement that the decision has effect in the State of origin.
Article 27
Findings of Fact
Any competent authority of the State addressed shall be bound by the findings of fact on which the authority of the State of origin based its jurisdiction.
Article 28
No Review of the Merits
There shall be no review by any competent authority of the State addressed of the merits of a decision.
Article 29
Physical Presence of the Child or the Applicant not Required
The physical presence of the child or the applicant shall not be required in any proceedings in the State addressed under this Chapter.
Article 30
Maintenance Arrangements
1A maintenance arrangement made in a Contracting State shall be entitled to recognition and enforcement as a decision under this Chapter provided that it is enforceable as a decision in the State of origin.
2For the purpose of Article 10(1) a) and b) and (2) a), the term “decision” includes a maintenance arrangement.
3An application for recognition and enforcement of a maintenance arrangement shall be accompanied by the following –
a)a complete text of the maintenance arrangement; and
b)a document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin.
4Recognition and enforcement of a maintenance arrangement may be refused if –
a)the recognition and enforcement is manifestly incompatible with the public policy of the State addressed;
b)the maintenance arrangement was obtained by fraud or falsification;
c)the maintenance arrangement is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed.
5The provisions of this Chapter, with the exception of Articles 20, 22, 23(7) and 25(1) and (3), shall apply mutatis mutandis to the recognition and enforcement of a maintenance arrangement save that –
a)a declaration or registration in accordance with Article 23(2) and (3) may be refused only on the ground set out in paragraph 4 a);
b)a challenge or appeal as referred to in Article 23(6) may be founded only on the following –
i)the grounds for refusing recognition and enforcement set out in paragraph 4;
ii)the authenticity or integrity of any document transmitted in accordance with paragraph 3;
c)as regards the procedure under Article 24(4), the competent authority may review of its own motion the ground for refusing recognition and enforcement set out in paragraph 4 a) of this Article. It may review all grounds listed in paragraph 4 of this Article and the authenticity or integrity of any document transmitted in accordance with paragraph 3 if raised by the respondent or if concerns relating to those grounds arise from the face of those documents.
6Proceedings for recognition and enforcement of a maintenance arrangement shall be suspended if a challenge concerning the arrangement is pending before a competent authority of a Contracting State.
7A State may declare, in accordance with Article 63, that applications for recognition and enforcement of a maintenance arrangement shall only be made through Central Authorities.
8A Contracting State may, in accordance with Article 62, reserve the right not to recognise and enforce a maintenance arrangement.
Article 31
Decisions Produced by the Combined Effect of Provisional and Confirmation Orders
Where a decision is produced by the combined effect of a provisional order made in one State and an order by an authority in another State (“the confirming State”) confirming the provisional order –
a)each of those States shall be deemed for the purposes of this Chapter to be a State of origin;
b)the requirements of Article 22 e) shall be met if the respondent had proper notice of the proceedings in the confirming State and an opportunity to oppose the confirmation of the provisional order;
c)the requirement of Article 20(6) that a decision be enforceable in the State of origin shall be met if the decision is enforceable in the confirming State; and
d)Article 18 shall not prevent proceedings for the modification of the decision being commenced in either State.
Chapter VI
Enforcement by the State Addressed
Article 32
Enforcement Under Internal Law
1Subject to the provisions of this Chapter, enforcement shall take place in accordance with the law of the State addressed.
2Enforcement shall be prompt.
3In the case of applications through Central Authorities, where a decision has been declared enforceable or registered for enforcement under Chapter V, enforcement shall proceed without the need for further action by the applicant.
4Effect shall be given to any rules applicable in the State of origin of the decision relating to the duration of the maintenance obligation.
5Any limitation on the period for which arrears may be enforced shall be determined either by the law of the State of origin of the decision or by the law of the State addressed, whichever provides for the longer limitation period.
Article 33
Non-Discrimination
The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases.
Article 34
Enforcement Measures
1Contracting States shall make available in internal law effective measures to enforce decisions under this Convention.
2Such measures may include –
a)wage withholding;
b)garnishment from bank accounts and other sources;
c)deductions from social security payments;
d)lien on or forced sale of property;
e)tax refund withholding;
f)withholding or attachment of pension benefits;
g)credit bureau reporting;
h)denial, suspension or revocation of various licenses (for example, driving licenses);
i)the use of mediation, conciliation or similar processes to bring about voluntary compliance.
Article 35
Transfer of Funds
1Contracting States are encouraged to promote, including by means of international agreements, the use of the most cost-effective and efficient methods available to transfer funds payable as maintenance.
2A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.
Chapter VII
Public Bodies
Article 36
Public Bodies as Applicants
1For the purposes of applications for recognition and enforcement under Article 10(1) a) and b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance.
2The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject.
3A public body may seek recognition or claim enforcement of –
a)a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;
b)a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.
4The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.
Chapter VIII
General Provision
Article 37
Direct Requests to Competent Authorities
1The Convention shall not exclude the possibility of recourse to such procedures as may be available under the internal law of a Contracting State allowing a person (an applicant) to seize directly a competent authority of that State in a matter governed by the Convention including, subject to Article 18, for the purpose of having a maintenance decision established or modified.
2Articles 14(5) and 17 b) and the provisions of Chapters V, VI, VII and this Chapter, with the exception of Articles 40(2), 42, 43(3), 44(3), 45 and 55, shall apply in relation to a request for recognition and enforcement made directly to a competent authority in a Contracting State.
3For the purpose of paragraph 2, Article 2(1) a) shall apply to a decision granting maintenance to a vulnerable person over the age specified in that sub-paragraph where such decision was rendered before the person reached that age and provided for maintenance beyond that age by reason of the impairment.
Article 38
Protection of Personal Data
Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.
Article 39
Confidentiality
Any authority processing information shall ensure its confidentiality in accordance with the law of its State.
Article 40
Non-Disclosure of Information
1An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person.
2A determination to this effect made by one Central Authority shall be taken into account by another Central Authority, in particular in cases of family violence.
3Nothing in this Article shall impede the gathering and transmitting of information by and between authorities in so far as necessary to carry out the obligations under the Convention.
Article 41
No Legalisation
No legalisation or similar formality may be required in the context of this Convention.
Article 42
Power of Attorney
The Central Authority of the requested State may require a power of attorney from the applicant only if it acts on his or her behalf in judicial proceedings or before other authorities, or in order to designate a representative so to act.
Article 43
Recovery of Costs
1Recovery of any costs incurred in the application of this Convention shall not take precedence over the recovery of maintenance.
2A State may recover costs from an unsuccessful party.
3For the purposes of an application under Article 10(1) b) to recover costs from an unsuccessful party in accordance with paragraph 2, the term “creditor” in Article 10(1) shall include a State.
4This Article shall be without prejudice to Article 8.
Article 44
Language Requirements
1Any application and related documents shall be in the original language, and shall be accompanied by a translation into an official language of the requested State or another language which the requested State has indicated, by way of declaration in accordance with Article 63, it will accept, unless the competent authority of that State dispenses with translation.
2A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents in one of those languages shall, by declaration in accordance with Article 63, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory.
3Unless otherwise agreed by the Central Authorities, any other communications between such Authorities shall be in an official language of the requested State or in either English or French. However a Contracting State may, by making a reservation in accordance with Article 62, object to the use of either English or French.
Article 45
Means and Costs of Translation
1In the case of applications under Chapter III, the Central Authorities may agree in an individual case or generally that the translation into an official language of the requested State may be made in the requested State from the original language or from any other agreed language. If there is no agreement and it is not possible for the requesting Central Authority to comply with the requirements of Article 44(1) and (2), then the application and related documents may be transmitted with translation into English or French for further translation into an official language of the requested State.
2The cost of translation arising from the application of paragraph 1 shall be borne by the requesting State unless otherwise agreed by Central Authorities of the States concerned.
3Notwithstanding Article 8, the requesting Central Authority may charge an applicant for the costs of translation of an application and related documents, except in so far as those costs may be covered by its system of legal assistance.
Article 46
Non-Unified Legal Systems Interpretation
1In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units
a)any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;
b)any reference to a decision established, recognised, recognised and enforced, enforced or modified in that State shall be construed as referring, where appropriate, to a decision established, recognised, recognised and enforced, enforced or modified in the relevant territorial unit;
c)any reference to a judicial or administrative authority in that State shall be construed as referring, where appropriate, to a judicial or administrative authority in the relevant territorial unit;
d)any reference to competent authorities, public bodies, and other bodies of that State, other than Central Authorities, shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial unit;
e)any reference to residence or habitual residence in that State shall be construed as referring, where appropriate, to residence or habitual residence in the relevant territorial unit;
f)any reference to location of assets in that State shall be construed as referring, where appropriate, to the location of assets in the relevant territorial unit;
g)any reference to a reciprocity arrangement in force in a State shall be construed as referring, where appropriate, to a reciprocity arrangement in force in the relevant territorial unit;
h)any reference to free legal assistance in that State shall be construed as referring, where appropriate, to free legal assistance in the relevant territorial unit;
i)any reference to a maintenance arrangement made in a State shall be construed as referring, where appropriate, to a maintenance arrangement made in the relevant territorial unit;
j)any reference to recovery of costs by a State shall be construed as referring, where appropriate, to the recovery of costs by the relevant territorial unit.
2This Article shall not apply to a Regional Economic Integration Organisation.
Article 47
Non-Unified Legal Systems – Substantive Rules
1A Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.
2A competent authority in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a decision from another Contracting State solely because the decision has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.
3This Article shall not apply to a Regional Economic Integration Organisation.
Article 48
Co-ordination with Prior Hague Maintenance Conventions
In relations between the Contracting States, this Convention replaces, subject to Article 56(2), the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations and the Hague Convention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards children in so far as their scope of application as between such States coincides with the scope of application of this Convention.
Article 49
Co-ordination with the 1956 New York Convention
In relations between the Contracting States, this Convention replaces the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956, in so far as its scope of application as between such States coincides with the scope of application of this Convention.
Article 50
Relationship with Prior Hague Convention on Service of Documents and Taking of Evidence
This Convention does not affect the Hague Convention of 1 March 1954 on civil procedure, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.
Article 51
Co-ordination of Instruments and Supplementary Agreements
1This Convention does not affect any international instrument concluded before this Convention to which Contracting States are Parties and which contains provisions on matters governed by this Convention.
2Any Contracting State may conclude with one or more Contracting States agreements, which contain provisions on matters governed by the Convention, with a view to improving the application of the Convention between or among themselves, provided that such agreements are consistent with the objects and purpose of the Convention and do not affect, in the relationship of such States with other Contracting States, the application of the provisions of the Convention. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
3Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform laws based on special ties between the States concerned.
4This Convention shall not affect the application of instruments of a Regional Economic Integration Organisation that is a Party to this Convention, adopted after the conclusion of the Convention, on matters governed by the Convention provided that such instruments do not affect, in the relationship of Member States of the Regional Economic Integration Organisation with other Contracting States, the application of the provisions of the Convention. As concerns the recognition or enforcement of decisions as between Member States of the Regional Economic Integration Organisation, the Convention shall not affect the rules of the Regional Economic Integration Organisation, whether adopted before or after the conclusion of the Convention.
Article 52
Most Effective Rule
1This Convention shall not prevent the application of an agreement, arrangement or international instrument in force between the requesting State and the requested State, or a reciprocity arrangement in force in the requested State that provides for –
a)broader bases for recognition of maintenance decisions, without prejudice to Article 22 f) of the Convention;
b)simplified, more expeditious procedures on an application for recognition or recognition and enforcement of maintenance decisions;
c)more beneficial legal assistance than that provided for under Articles 14 to 17; or
d)procedures permitting an applicant from a requesting State to make a request directly to the Central Authority of the requested State.
2This Convention shall not prevent the application of a law in force in the requested State that provides for more effective rules as referred to in paragraph 1 a) to c). However, as regards simplified, more expeditious procedures referred to in paragraph 1 b), they must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.
Article 53
Uniform Interpretation
In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.
Article 54
Review of Practical Operation of the Convention
1The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention and to encourage the development of good practices under the Convention.
2For the purpose of such review, Contracting States shall co-operate with the Permanent Bureau of the Hague Conference on Private International Law in the gathering of information, including statistics and case law, concerning the practical operation of the Convention.
Article 55
Amendments of Forms
1The forms annexed to this Convention may be amended by a decision of a Special Commission convened by the Secretary General of the Hague Conference on Private International Law to which all Contracting States and all Members shall be invited. Notice of the proposal to amend the forms shall be included in the agenda for the meeting.
2Amendments adopted by the Contracting States present at the Special Commission shall come into force for all Contracting States on the first day of the seventh calendar month after the date of their communication by the depositary to all Contracting States.
3During the period provided for in paragraph 2 any Contracting State may by notification in writing to the depositary make a reservation, in accordance with Article 62, with respect to the amendment. The State making such reservation shall, until the reservation is withdrawn, be treated as a State not Party to the present Convention with respect to that amendment.
Article 56
Transitional Provisions
1The Convention shall apply in every case where –
a)a request pursuant to Article 7 or an application pursuant to Chapter III has been received by the Central Authority of the requested State after the Convention has entered into force between the requesting State and the requested State;
b)a direct request for recognition and enforcement has been received by the competent authority of the State addressed after the Convention has entered into force between the State of origin and the State addressed.
2With regard to the recognition and enforcement of decisions between Contracting States to this Convention that are also Parties to either of the Hague Maintenance Conventions mentioned in Article 48, if the conditions for the recognition and enforcement under this Convention prevent the recognition and enforcement of a decision given in the State of origin before the entry into force of this Convention for that State, that would otherwise have been recognised and enforced under the terms of the Convention that was in effect at the time the decision was rendered, the conditions of that Convention shall apply.
3The State addressed shall not be bound under this Convention to enforce a decision or a maintenance arrangement, in respect of payments falling due prior to the entry into force of the Convention between the State of origin and the State addressed, except for maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.
Article 57
Provision of Information Concerning Laws, Procedures and Services
1A Contracting State, by the time its instrument of ratification or accession is deposited or a declaration is submitted in accordance with Article 61 of the Convention, shall provide the Permanent Bureau of the Hague Conference on Private International Law with –
a)a description of its laws and procedures concerning maintenance obligations;
b)a description of the measures it will take to meet the obligations under Article 6;
c)a description of how it will provide applicants with effective access to procedures, as required under Article 14;
d)a description of its enforcement rules and procedures, including any limitations on enforcement, in particular debtor protection rules and limitation periods;
e)any specification referred to in Article 25(1) b) and (3).
2Contracting States may, in fulfilling their obligations under paragraph 1, utilise a country profile form recommended and published by the Hague Conference on Private International Law.
3Information shall be kept up to date by the Contracting States.
Chapter IX
Final Provisions
Article 58
Signature, Ratification and Accession
1The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Twenty-First Session and by the other States which participated in that Session.
2It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
3Any other State or Regional Economic Integration Organisation may accede to the Convention after it has entered into force in accordance with Article 60(1).
4The instrument of accession shall be deposited with the depositary.
5Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the 12 months after the date of the notification referred to in Article 65. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
Article 59
Regional Economic Integration Organisations
1A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by the Convention.
2The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph.
3At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare in accordance with Article 63 that it exercises competence over all the matters governed by this Convention and that the Member States which have transferred competence to the Regional Economic Integration Organisation in respect of the matter in question shall be bound by this Convention by virtue of the signature, acceptance, approval or accession of the Organisation.
4For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation makes a declaration in accordance with paragraph 3.
5Any reference to a “Contracting State” or “State” in this Convention shall apply equally to a Regional Economic Integration Organisation that is a Party to it, where appropriate. In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 3, any reference to a “Contracting State” or “State” in this Convention shall apply equally to the relevant Member States of the Organisation, where appropriate.
Article 60
Entry into Force
1The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance or approval referred to in Article 58.
2Thereafter the Convention shall enter into force –
a)for each State or Regional Economic Integration Organisation referred to in Article 59(1) subsequently ratifying, accepting or approving it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance or approval;
b)for each State or Regional Economic Integration Organisation referred to in Article 58(3) on the day after the end of the period during which objections may be raised in accordance with Article 58(5);
c)for a territorial unit to which the Convention has been extended in accordance with Article 61, on the first day of the month following the expiration of three months after the notification referred to in that Article.
Article 61
Declarations with Respect to Non-Unified Legal Systems
1If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare in accordance with Article 63 that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
2Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.
3If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.
4This Article shall not apply to a Regional Economic Integration Organisation.
Article 62
Reservations
1Any Contracting State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 61, make one or more of the reservations provided for in Articles 2(2), 20(2), 30(8), 44(3) and 55(3). No other reservation shall be permitted.
2Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.
3The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in paragraph 2.
4Reservations under this Article shall have no reciprocal effect with the exception of the reservation provided for in Article 2(2).
Article 63
Declarations
1Declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1), may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.
2Declarations, modifications and withdrawals shall be notified to the depositary.
3A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.
4A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.
Article 64
Denunciation
1A Contracting State to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a multi-unit State to which the Convention applies.
2The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.
Article 65
Notification
The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 58 and 59 of the following –
a)the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59;
b)the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59;
c)the date on which the Convention enters into force in accordance with Article 60;
d)the declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1);
e)the agreements referred to in Article 51(2);
f)the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2);
g)the denunciations referred to in Article 64.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention.
DONE at The Hague, on the 23rd day of November 2007, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session.
Certified true copy of the original
The Director of Treaties
of the Ministry of Foreign Affairs
of the Kingdom of the Netherlands
ANNEX 1
Transmittal form under Article 12(2)
CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE
Personal data gathered or transmitted under the Convention shall be used only for the purposes for which it was gathered or transmitted. Any authority processing such data shall ensure its confidentiality, in accordance with the law of its State.
An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person in accordance with Article 40.
A determination of non-disclosure has been made by a Central Authority in accordance with Article 40.
1.
Requesting Central Authority
2.
Contact person in requesting State
a.
Address
a.
Address (if different)
b.
Telephone number
b.
Telephone number (if different)
c.
Fax number
c.
Fax number (if different)
d.
E-mail
d.
E-mail (if different)
e.
Reference number
e.
Language(s)
3.
Requested Central Authority
Address
4.
Particulars of the applicant
a.
Family name(s):
b.
Given name(s):
c.
Date of birth
  (dd/mm/yyyy)
or
a.
Name of the public body:
5.
Particulars of the person(s) for whom maintenance is sought or payable
a.
The person is the same as the applicant named in point 4
b.
i.
Family name(s):
Given name(s):
Date of birth:
  (dd/mm/yyyy)
ii.
Family name(s):
Given name(s):
Date of birth:
  (dd/mm/yyyy)
iii.
Family name(s):
Given name(s):
Date of birth:
  (dd/mm/yyyy)
6.
Particulars of the debtor1
a.
The person is the same as the applicant named in point 4
b.
Family name(s):
c.
Given name(s):
d.
Date of birth:
  (dd/mm/yyyy)
1
According to Art. 3 of the Convention ““debtor” means an individual who owes or who is alleged to owe maintenance”.
7.
This transmittal form concerns and is accompanied by an application under:
Article 10(1) a)
Article 10(1) b)
Article 10(1) c)
Article 10(1) d)