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.

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

Bill C-78—Time Allocation MotionDivorce ActGovernment Orders

February 6th, 2019 / 4:45 p.m.


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The Assistant Deputy Speaker Carol Hughes

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Cowichan—Malahat—Langford, Agriculture and Agri-Food; the hon. member for Renfrew—Nipissing—Pembroke, Veterans Affairs; the hon. member for Mégantic—L'Érable, Intergovernmental Affairs.

It is my duty to interrupt the proceedings at this time and put forthwith the question on the motion now before the House. Is it the pleasure of the House to adopt the motion?

Bill C-78—Time Allocation MotionDivorce ActGovernment Orders

February 6th, 2019 / 4:45 p.m.


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Some hon. members

Agreed.

No.

Bill C-78—Time Allocation MotionDivorce ActGovernment Orders

February 6th, 2019 / 4:45 p.m.


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The Assistant Deputy Speaker Carol Hughes

All those in favour of the motion will please say yea.

Bill C-78—Time Allocation MotionDivorce ActGovernment Orders

February 6th, 2019 / 4:45 p.m.


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Some hon. members

Yea.

Bill C-78—Time Allocation MotionDivorce ActGovernment Orders

February 6th, 2019 / 4:45 p.m.


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The Assistant Deputy Speaker Carol Hughes

All those opposed will please say nay.

Bill C-78—Time Allocation MotionDivorce ActGovernment Orders

February 6th, 2019 / 4:45 p.m.


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Some hon. members

Nay.

Bill C-78—Time Allocation MotionDivorce ActGovernment Orders

February 6th, 2019 / 4:45 p.m.


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The Assistant Deputy Speaker Carol Hughes

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

Before the Clerk announced the results of the vote:

Divorce ActGovernment Orders

February 6th, 2019 / 5:25 p.m.


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Independent

Darshan Singh Kang Independent Calgary Skyview, AB

Mr. Speaker, I would have voted in favour, but I was overlooked. I will vote yes.

The Speaker Geoff Regan

I thank the hon. member and the omission has been corrected.

Divorce ActGovernment Orders

February 6th, 2019 / 5:25 p.m.


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Independent

Raj Grewal Independent Brampton East, ON

Mr. Speaker, I would ask for consent to change my vote to yes.

The Speaker Geoff Regan

The hon. member for Brampton East has asked for unanimous consent to change his vote to yes. Is there consent?

Some hon. members

Agreed.

No.

(The House divided on the motion, which was agreed to on the following division:)

Vote #989

The Speaker Geoff Regan

I declare the motion adopted.

I wish to inform the House that because of the proceedings on the time allocation motion, Government Orders will be extended by 30 minutes.