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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Feb. 6, 2019 Passed Time allocation for 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

JusticeOral Questions

September 26th, 2018 / 2:30 p.m.
See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, I apologize for the noise from my backbench.

The member opposite was part of a government that in 2014 transferred this individual to a medium-security facility. That individual is still in a medium-security facility. These are the political games the members opposite are choosing to play.

JusticeOral Questions

September 26th, 2018 / 2:30 p.m.
See context

Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, the Minister of Public Safety and Emergency Preparedness referred to the crimes committed by Terri-Lynne McClintic as “bad practices”. What she did was not bad practices. It was a despicable crime. She was convicted of the heinous murder of an eight-year-old child, yet the minister agreed to transfer her to a healing lodge. That is simply preposterous. The Prime Minister has the power to reverse this decision.

Why does he not send her back to a maximum-security facility?

JusticeOral Questions

September 26th, 2018 / 2:30 p.m.
See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, this is yet another question on the same issue. The previous Conservative government transferred this individual to a medium-security prison in 2014. She is still in a medium-security facility now.

The level of political game-playing we are seeing right now is disturbing.

JusticeOral Questions

September 26th, 2018 / 2:30 p.m.
See context

Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, what is disturbing is the answer Canadians are getting from the Prime Minister.

We are talking about the kidnapping, rape and murder of an eight-year-old girl, yet all we hear from the Prime Minister is that he is asking for a review of the decision. This was a heinous murder, and a bad decision was made. The Prime Minister has the power to change it.

Why is he not reversing this decision and sending this murderer back to a maximum-security prison?

JusticeOral Questions

September 26th, 2018 / 2:30 p.m.
See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, we live under the rule of law. Politicians do not get to make decisions in regard to the justice system. We respect the system.

I will repeat once more that this individual was transferred in 2014. She remains in a facility with the same security level.

JusticeOral Questions

September 26th, 2018 / 2:30 p.m.
See context

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

Mr. Speaker, I would like to state for the record that the only political games being played in this House today are the word games being conducted by the Prime Minister of Canada on this very important issue. Terri-Lynne McClintic helped lure Tori, hit Tori three times in the head with a claw hammer; she was a look-out while Tori was raped and then helped place Tori's body in a garbage bag. The Prime Minister knows full well that he has the power and authority to change this case in an instant. Why will he not use his power and authority right now to do the right thing for Tori's family and the right thing for society?

JusticeOral Questions

September 26th, 2018 / 2:30 p.m.
See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, I hope Canadians pay attention to that question and this answer.

In 2014, the individual was transferred to a medium-security facility under the previous government. The individual is still in a medium-security facility today.

That question needs to be noticed by Canadians and that behaviour needs to be noticed by Canadians.

JusticeOral Questions

September 26th, 2018 / 2:35 p.m.
See context

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

Mr. Speaker, the facility does not even have a fence, but it does have cooking classes.

The fact of the matter is that the Minister of Public Safety characterized the killer's conduct as “bad practices”.

When is the Prime Minister going to do the right thing, admonish his minister, do the right thing for people who care about justice in our society and make sure that the killer is put right back behind bars?

JusticeOral Questions

September 26th, 2018 / 2:35 p.m.
See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, one of the things we see in politics these days is a level of polarization, a level of populism, that is creeping into our discourse.

On this side of the House we choose to anchor our decisions in fact, in the rule of law and in due process. This is what we will continue to do.

The individual was transferred under the previous government to a medium-security facility. She is still in a medium-security facility.

JusticeOral Questions

September 26th, 2018 / 2:35 p.m.
See context

Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, at 3:30 p.m. on Wednesday, April 8, 2009, Tori Stafford left her school to go home. She never arrived there.

When Tori's body was found, it was naked from the waist down. The autopsy revealed that she had suffered beatings that caused lacerations to her liver and broken ribs, and that her death was as a result of repeated blows to her head with a claw hammer.

Her killer Terri-Lynne McClintic has been moved to a healing lodge.

The Prime Minister has the power to reverse this decision today. Will he stand with the family and ensure that this child murderer stays behind bars?

JusticeOral Questions

September 26th, 2018 / 2:40 p.m.
See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, this is the 12th consecutive question from the Conservatives on this issue, and that is their choice. However, I would ask them to please not continue to increase the level of graphic detail read into the official record here. This is not something we want to politicize this way. This is not the way the House should be engaging.

I continue to welcome questions on any matters that matter, but I ask them to please maybe not read the words on the pages in front of them.

JusticeOral Questions

September 26th, 2018 / 2:40 p.m.
See context

Liberal

The Speaker Liberal Geoff Regan

Order, please. Members from time to time hear things they do not like in here and that is probably going to continue. However, I would ask them to wait their turn to speak, which will come eventually, and to not interrupt.

The hon. member for Elgin—Middlesex—London.

JusticeOral Questions

September 26th, 2018 / 2:40 p.m.
See context

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, Tori Stafford never came home because Terri-Lynne McClintic, who Tori thought was a friend, lured her to her. McClintic plead guilty to first degree murder and was sentenced to life in prison.

The minister's defence of releasing this murderer after only six years behind bars to spend the remains of her sentence in a healing lodge is unconscionable.

The Prime Minister has the right and the power to change this decision. Will he or will he not?

JusticeOral Questions

September 26th, 2018 / 2:40 p.m.
See context

Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, again, words are important and the member opposite used the word released in her question. The fact is that the individual in question who committed a terrible crime was transferred in 2014 to a medium-security facility and remains in a medium-security facility today.

Anything else the members opposite are asking is fair game, but will they please stick to the facts in this terrible tragedy.

JusticeOral Questions

September 26th, 2018 / 2:40 p.m.
See context

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Speaker, to my way of thinking, a bad practice is texting while driving. We are talking about a rape, a kidnapping and a murder—a vicious murder.

My question for the Prime Minister is very simple. It took him two weeks to appoint the ombudsman for offenders, but one year to appoint the federal ombudsman for victims of crime.

When will the Prime Minister put victims ahead of criminals and condemn the unfortunate remarks made by the Minister of Public Safety and Emergency Preparedness about a despicable crime?