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

JusticeGovernment Orders

October 4th, 2018 / 1:15 p.m.
See context

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, the issue my colleague raised is a valid one. It is one I touched on in my speech and is one which the committee needs to look at.

He is absolutely correct that more and more people are in common-law relationships. When that relationship breaks down, what is the recourse? How do we ensure, in circumstances where children are involved, that the best interests of the children are considered? How will this bill apply to them? Those are valid questions.

I am very hopeful the committee will engage in a process to try to address some of the concerns that I have, which I share with the member, and ultimately bring forward a system that is applicable to everyone, with the central goal of the child's best interests at its heart.

JusticeGovernment Orders

October 4th, 2018 / 1:15 p.m.
See context

Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.

Arif Virani

Mr. Speaker, with respect to the member's comments on child poverty, I will put to her a few important statistics that I have unearthed.

Two million Canadian children live in separated or divorced families. Sixty per cent of all cases where there is a maintenance enforcement program involved are in arrears. Those arrears of unpaid support total over $1 billion in Canada right now. By facilitating the payment of child support and putting in place better tools for garnishment and information sharing would help to address getting those payments flowing and would help to address the child poverty that my friend opposite has underscored as being an important imperative. Could she offer her comments on the impact this would have on child poverty?

JusticeGovernment Orders

October 4th, 2018 / 1:15 p.m.
See context

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I was talking about the importance of ensuring that we have a comprehensive strategy for child poverty, such as the one in Ed Broadbent's motion which this House endorsed back in 1989. It was supposed to be in place in the year 2000 and it still is not. If we want to address child poverty in a comprehensive way, we need a national strategy.

A component piece of that is this bill. Yes, it does help to a degree in ensuring that maintenance is paid, that there is a fair calculation of the maintenance and all information is provided to come up with a figure. That is a positive thing, but I hope the member does not think that is the only thing, the be-all and end-all of child poverty.

The ad hoc approach the government has adopted to address the issue of child poverty is deficient. That is my point. We need to come together to honour the words of Ed Broadbent and the intent of the House back in 1989 when a motion was unanimously passed to bring an end to child poverty with a national child poverty strategy.

JusticeGovernment Orders

October 4th, 2018 / 1:20 p.m.
See context

Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Mr. Speaker, I could not be more thrilled to rise today on behalf of the 93,000 citizens of Beauport—Limoilou, to whom I send warm, sincere greetings. This is my first time speaking since we came back from the summer break.

Today, I will be speaking to my constituents in Beauport—Limoilou about 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. Marriage has always been extremely important to me. From a tender age, I yearned to be married someday. I have always believed that the bond between a married couple is something infinitely precious. Marriage is also a cherished tradition, and as a Conservative, I like keeping up traditions.

I say this without prejudice, but unfortunately, I grew up in the social context of Quebec, which no longer values the institution of marriage as it should. I am referring to official marriage, either civil or religious. Marriage, as an institution, is no longer held in respect. Most of my constituents are in civil unions, which is perfectly fine. Nevertheless, marriage is still dear to my heart. As a Conservative, I wanted to perpetuate the tradition of marriage. I have been with my wife, Pascale Laneuville, for 14 years. After living together for seven years, I wanted her to experience a proper marriage proposal. I was happy to do it, and I am delighted to still be married today. I hope my marriage will last until I die, hopefully in the House. I want to be an MP for 40 years. That is my most fervent wish.

That said, I would like to talk a bit about the summer I had in my riding of Beauport—Limoilou. Over the three-month summer break, I met with many of my constituents, who are watching us right now on CPAC. I said “summer break” because Parliament was on a break, but we were not on a break from work. Journalists often like to confuse Canadians about this. I was in my office the whole time, except for my two-week vacation to the Le Genévrier campground in Baie-Saint-Paul. That is a little promo. It is a beautiful campground in the Charlevoix region, in my colleague's riding.

I celebrated July 1 at Maison Girardin, in Beauport. One thousand people joined me to celebrate Confederation. I hosted my third annual summer party at Domaine Maizerets park. More than 3,500 residents came to my meeting to tell me about their concerns, and I let them know what I can do for them as their MP. There was complimentary corn and hot dogs, generously donated by Provigo on 1st Avenue in Limoilou. I want to thank the owner, Mr. Bourboin, was is very generous to the people of Beauport—Limoilou.

I continued to go door to door in my riding two evenings a week, as I do every month. I noticed that my constituents want to learn more about our leader, the member for Regina—Qu'Appelle. People are quite impressed by the Conservative Party's openness to Quebec as a distinct society. I was pleased to discover this when chatting with my constituents.

I also organized two meetings with Beauport's network of business people. These business luncheons are attended by more than 60 Beauport entrepreneurs every two or three weeks. The next one is scheduled on Wednesday, October 10, at 7 a.m., at the Ambassador Hotel. There will be an economic round table with Mr. Barrucco, executive director of the Association des économistes québécois, who will answer all questions from small and medium-sized business owners from Beauport—Limoilou.

I attended almost every event held in my riding this summer. I also held my second “Alupa à l'écoute” public consultation. The third will happen in November. I will then be introducing a bill to address an ever-present concern of my constituents. Naturally, there is also the day-to-day work at my office, with citizens' files and all the rest.

Finally, two weeks ago, together with the mayor of Quebec City, Régis Labeaume, and André Drolet, who was then the Liberal candidate for Jean-Lesage, I participated, with great fanfare, in the sod turning for the Medicago production facility. This is going to create more than 400 well-paid, quality jobs in vaccine research. It will also contribute to the revitalization of the Estimauville sector, which is very much needed because since the 1970s and 1980s, it is a sector of Quebec City that has been neglected.

Now back to the subject at hand, Bill C-78. Let me start by saying that the Conservatives plan to support this bill at second reading on some conditions. We are eager to hear from the witnesses at committee and to see how the Liberals react to our concerns and our vision for this bill because, as I will explain in a moment, some of the things in this bill make very little sense to us.

I would like to explain the gist of this bill to the people of Beauport—Limoilou. The main goal is to act in children's best interest. My constituents should know that the Divorce Act has not been amended in 20 years, or two decades. In that time, we have seen generation X, generation Y, and the millennials. They have had a major impact on Quebec elections. As the years go by, things change, social mores change, and culture evolves. Two decades, 20 years, is a long time.

I might go so far as to compliment the Liberal government on its decision to review this legislation and amend it to better reflect everything children go through when their parents divorce and take into account the situations they find themselves in. The Liberals are absolutely right about the importance of putting children first during the divorce process, just as patients should be at the centre of conversations about health care. The Conservatives agree 100% that this should be the focus of the bill. Yes, children should be central to discussions during the divorce process to keep their suffering to a minimum regardless of what goes on between their parents.

As a brief aside, I would like to tell a joke that I always tell my friends and even my family. My parents are divorced, and so are my wife's parents. Quite frankly, it was pretty common for their generation. As I often say jokingly, divorce is not an option for me and my wife, even if we wanted one, because my daughter and son already have four grandfathers and four grandmothers. The situation is already so ridiculous that I would not want to add another four grandfathers and four grandmothers. As members can see, divorce is not an option for me. However, for individuals who need to divorce for unavoidable reasons, it is important that the legislation reflect the mores, customs and conventions of the present day.

In addition, the bill brought another thought to mind, and I think members will see its relevance. The United States-Mexico-Canada agreement was reached this week, so I drew a parallel. Since we are talking about marriage, agreements and concerns, we could look at the USMCA as an economic marriage, of sorts, between two countries. In this economic marriage, which has been arranged for sound and objective reasons based on a win-win logic, the aim is to protect the children, which, in this case, are the Canadian economy and our sovereignty.

The USMCA is an important agreement between two countries that have decided to open their borders and create a relationship and ties in order to move forward together toward shared growth and an economy that works for both sides. However, we see two big problems with this marriage. First of all, it simply does not cut it economically speaking, because the Prime Minister and member for Papineau failed to ensure its fairness.

For example, the softwood lumber dispute has not been resolved. This is the third or fourth softwood lumber crisis. I visited Rimouski in the Gaspé region. Actually, I know the people who live there would not be happy to hear me say that Rimouski is in the Gaspé, so I will say that I visited Rimouski, which is in the Lower St. Lawrence region, where there are a number of lumber mills. Obviously, they are tired of dealing with one softwood lumber crisis after another. This would have been the perfect opportunity for the government to strengthen Canada's relationship with the United States and resolve the softwood lumber dispute.

Let us think too of all of the other regions of Quebec that will be negatively impacted by the imminent breach in supply management on dairy products. Once again, Canada is giving without getting anything in return. I realized that this marriage is not at all fair. When we officially entered into a relationship with the United States in 1989—

JusticeGovernment Orders

October 4th, 2018 / 1:30 p.m.
See context

Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Order. The Parliamentary Secretary to the Minister of Justice and Attorney General of Canada on a point of order.

JusticeGovernment Orders

October 4th, 2018 / 1:30 p.m.
See context

Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.

Arif Virani

Mr. Speaker, I am sorry to interrupt the member for Beauport—Limoilou in the middle of his speech, but I have to say that it is one thing to discuss Bill C-78, which is now before us, and quite another to give a long speech on NAFTA and the new agreement between Canada, the United States and Mexico and bring supply management into it. I do not believe that is relevant.

lt is not relevant at all. I would ask, Mr. Speaker, that you make a ruling as to whether that is in order and ask the member opposite if he could direct his comments to this legislation.

JusticeGovernment Orders

October 4th, 2018 / 1:30 p.m.
See context

Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

In many of the speeches I have heard in the House, I have seen members get so off topic it was hard to know where they were headed. Sometimes the discussion seems to veer off in a totally different direction, on a tangent that makes no sense, but members are entitled to do that. However, I am sure that the member in question will get things under control and bring the discussion back to today's topic. I am going to trust the member, and I am sure that the discussion will be relevant to today's topic.

I will give the floor back to the member for Beauport—Limoilou.

JusticeGovernment Orders

October 4th, 2018 / 1:30 p.m.
See context

Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Mr. Speaker, I can understand my colleague's concern. I did have a point I was getting at. I want to talk about clauses 54 and 101 of Bill C-78 and how they contradict Bill C-75.

However, I was talking about something that is very important to me. I will use a different analogy. Let us leave NAFTA behind for a different analogy.

We have a Prime Minister who introduced Bill C-78, telling Canadians that after 20 years, he is proposing important amendments, some fundamental and others more technical, that will strengthen the legislation and the institution of marriage in Canada.

Notwithstanding the fact that we Conservative members plan to support this bill, following the committee studies, we feel it is hard to trust the Prime Minister when he says he wants to strengthen marriage, considering his behaviour as the head of government.

For example, when Mr. Trudeau was elected in 2015, we might say that it was a marriage between him and the people of Canada. However, after everything that the Prime Minister has done in the past three years, a marriage would not have lasted a year since he broke three major promises. I would even say that these are promises that break up the very core of his marriage with Canada. I will get to the clauses in this bill that have me concerned, but I want to draw a parallel. How can we trust the Prime Minister when it comes to this divorce bill, when he himself does not keep his promises to Canadians?

He made three fundamental promises. The first was to run deficits of only $10 billion for the first three years and then cut back on that. He broke that promise. The deficits have been $30 billion every year.

The second fundamental broken promise of his marriage with the people of Canada was to achieve a balanced budget by 2020-21. Now we are talking about 2045, my goodness. Is there anything more important than finances in a marriage? Yes, there is love. I get it.

However, budgets are essential in a home. Finances are essential for a couple to remain together. I can attest to that. Love has its limits in a home. Bills have to get paid and children have to eat. Budgets need to be balanced, something that Canadian families do all the time. Our Prime Minister is unable to keep that promise.

The other promise has to do with our voting system, how we are going to run our home, our political system. Just before they got married, the Prime Minister promised Canadians that he would reform the voting system. That was a key promise and he broke it. In fact it was one of the first promises he broke and it is a serious broken promise in his marriage with Canadians in my opinion. It is a broken promise to every young person who trusted him.

Personally, I completely disagree with reforming the voting system because I believe that the first past the post system is the best guarantee for a parliamentary democracy. That said, it was a key promise that he made to youth and the leftists of Vancouver, Toronto and Montreal, who view proportional representation as being better for them, their future and their concerns. However, he broke his promise. The marriage has been on the verge of breaking up for a long time now. I predict that it will only last one more year.

I have one last point to make in my analogy and then I will discuss the bill. I want to talk about his infrastructure promise. The Prime Minister said that he would invest $183 billion in infrastructure over the next 14 years. It was the largest program in the history of Canada because, according to the Liberals, their programs are always the largest in the history of Canada. I would remind members that ours was incredible as well, with $80 billion invested between 2008 and 2015.

I will ask my colleagues a question they are sure to know the answer to. How many billions of the $183 billion have been spent after four years? The answer is $7 billion, if I am not mistaken. Even the Parliamentary Budget Officer mentioned it in one of his reports.

Therefore, how can we have confidence in the Prime Minister, the member for Papineau, who is introducing a bill to strengthen the institution of marriage and the protection of children in extremely contentious divorces when he himself, in his solemn marriage with the Canadian people, has broken the major promises of his 2015 election platform?

The bond of trust has been broken and divorce between the Liberals and the people of Canada is imminent. It is set to happen on October 19, 2019.

Bill C-78 seeks to address some rather astonishing statistics. According to the 2016 census, more than two million children were living in a separated or divorced family. Five million Canadians separated or divorced between 1991 and 2011. Of that number, 38% had a child at the time of their separation or divorce. I imagine that is why the focus of Bill C-78 is protection of the child.

However, we have some concerns. Clause 101 introduces the idea that Her Majesty ranks in priority over the party that instituted the garnishment proceedings if the debtor is indebted or has any moneys to pay. That has us concerned. We will certainly call witnesses to our parliamentary committee to find out what they think and to see if we can amend this.

We also believe that clause 54 is flawed. It extends Her Majesty's binding period from five to 12 years. That is another aspect of the bill that could be problematic in our view.

I do not like to end on a negative note, but I absolutely have to mention a major contradiction pertaining to Bill C-78. Today, the Liberals enthusiastically shared with us, through this bill, their desire to make the protection of children, rather than parents, a priority in cases of divorce. However, when we look closely at Bill C-75, which, with its 300 pages, is a mammoth bill if ever there was one, we see that it seeks to rescind all of the great measures to strengthen crime legislation that our dear prime minister, Mr. Harper, implemented during his 10 years in office, a fantastic decade in Canada.

We are distressed to see that this bill lessens sentences for crimes committed against children. The Liberals are not content with just saying that they are good and the Conservatives are bad. They, who profess to believe in universal love, want to lessen the sentences for criminals who committed terrible, deplorable crimes against children. Then they tell us that the purpose of their bill is to help children.

We see these contradictions and we are concerned. I do not think that my constituents would let their spouses break promises as important as the ones the Prime Minister has broken since 2015. They would not want to stay in a relationship like that.

Canadians need to realize that their divorce from the Liberal government is imminent.

JusticeGovernment Orders

October 4th, 2018 / 1:40 p.m.
See context

Arif Virani Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.

Mr. Speaker, I appreciate the member's comments. I also appreciate the fact that towards the end of his speech, he finally decided to talk about the bill before us, instead of talking about various other topics or concerns.

I myself will continue to talk about this bill. Maybe we could find an aspect of this bill that both our parties agree on. I am sure that the revenue gap is one of the Conservative Party's concerns.

That is what we sometimes call a “revenue gap” in English. I would point out to the member that revenue gaps in terms of income support payments, parental support and child support payments have been identified, to the tune of over $1 billion in arrears in Canada right now. That has a disproportionate impact on women, who are largely the people to whom the payments are made by debtors, who are largely men.

Given that context, would the member opposite agree to discuss this bill and the impact it would have in alleviating women and child poverty that has been identified right across the country, including in Beauport—Limoilou by his constituents?

JusticeGovernment Orders

October 4th, 2018 / 1:40 p.m.
See context

Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Mr. Speaker, I completely agree with the member opposite. He is perfectly right that this is one of the excellent amendments to be brought about by Bill C-78. It would enhance the power of the Canada Revenue Agency to verify the financial information of either spouse in order to ensure equity, not for the spouses but for the children. We all agree with that. Of course, it would be a good thing for my constituents of Beauport—Limoilou. There is no doubt about that.

However, I have two concerns, one regarding this and the other regarding the bill. The bill does not anticipate or propose enhancing the budget of the CRA to do what he is talking about, which would allow it to have more power in verifying the information. The CRA does not operate with free-paying jobs or written words on a blank piece of paper. It has paid employees with pensions, so one would need to inject more money into it to increase its power. I hope that actions will follow the words of the government in the budget.

Unfortunately, the member will not be able to answer my question, unless no one else stands. I do not understand why the government wants to obligate both spouses to meet and consult with a lawyer. In many instances, people go through a divorce in an amicable way. I know friends who went through a divorce for the well-being and good of their children, and it was done in an amicable and appropriate way. Why does the government want to impose the obligation to consult with a lawyer, which would necessitate spending? I would like the Liberals to address this concern.

JusticeGovernment Orders

October 4th, 2018 / 1:45 p.m.
See context

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, I thank my colleague, who spoke about the child's best interests. He made children's needs the focus of his speech.

I think this bill actually has the same intention, although there are some amendments we could make to improve certain aspects. For example, children should be entitled to be represented by a third party at all times, and they should have access to more psychological resources, for example, to help them navigate difficult experiences like a separation or divorce. There is also the whole issue of child support, and so on.

Since we are talking about putting the child's best interests first in this bill, does the member think that the bill should at least be sent to committee so that we can consult experts and make amendments to strengthen it, as long as our discussions focus on the child's best interests?

JusticeGovernment Orders

October 4th, 2018 / 1:45 p.m.
See context

Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Mr. Speaker, of course. I would like to salute my colleague, as I have not yet had a chance to say hello to her since we returned from the summer break. I think my colleague is doing a great job.

I can certainly imagine that, much like the Conservatives, New Democrats recognize the fact that the Liberals are putting child protection at the centre of their bill, along with the needs of the child and the repercussions children can suffer during a nasty divorce. The Liberals want to put the protection and well-being of children at the centre of their bill. That is great, and all members of the House of Commons agree on that.

We also look forward to seeing how this all unfolds at committee. As they say, the devil is in the details. I never thought I would say that here. This is a lengthy bill, which we will study in committee. I look forward to hearing what our expert witnesses have to say. This is a very important bill that amends the Civil Marriage Act, which has not been amended for 20 years.

We have some concerns regarding clauses 54 and 101. As I said, I am a little apprehensive. As I emphasized a few times during my speech, with all due respect, the Prime Minister has not honoured his commitment, his marriage to the people of Canada. He has broken most of the promises he made to Canadians when he married them, so to speak, in 2015, at the time of his election. There is a parallel here; it is a parable.

I agree with my colleague that the child must absolutely be front and centre. That is not what we see in Liberal Bill C-75, which seeks to reduce sentences for offences committed against children. We think that is unfortunate.

JusticeGovernment Orders

October 4th, 2018 / 1:45 p.m.
See context

Arif Virani Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, Lib.

Mr. Speaker, I appreciate the member's comments in respect of the debate we are having.

I would like to emphasize that, under the bill, no one is obligated to consult a lawyer.

In fact, through two very specific measures, the bill seeks to do just the opposite. It seeks to ensure that no one is obligated to consult a lawyer. First of all, it states that child support can be calculated as part of the administrative process—in other words, outside the courts and without having to consult any lawyers. Second, if child support needs to be recalculated because some adjustments are needed, that can also be done without consulting a lawyer.

Our ultimate goal is to make the family justice system less contentious than it is now.

That is why we have already listened to stakeholders from across the country. They see this bill as a good reform of the family justice system, which has not been updated in 20 years.

I am wondering if the member across the aisle could be more specific regarding his concerns. I do not believe that the bill will have quite that effect.

JusticeGovernment Orders

October 4th, 2018 / 1:50 p.m.
See context

Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Mr. Speaker, I appreciate my colleague's straightforward answer to my question.

My understanding was that a divorce had to involve a meeting with lawyers. Apparently that is not the case. However, what he said touched on other things I was wondering about.

He said that the Liberals wanted to simplify the process and keep matters out of the courts. He also said they wanted a way to review each parent's financial information.

Of course, in many cases, it is the father who handles the finances and the mother who looks after the children. My understanding is that the bill will enable the Canada Revenue Agency to systematically update or review both the father's and the mother's files if necessary.

This bill does not provide additional funding for the Canada Revenue Agency. If there is going to be more work, more paperwork, more investigations and more data, the Canada Revenue Agency should have a bigger budget.

If the Liberals are serious about this bill and if they want issues related to divorce to be resolved outside of the courts, then they are going to have to allocate more money to the Canada Revenue Agency in their 2019 budget.

However, I have my doubts. This summer I heard an incredible number of horror stories from my constituents about the CRA. It is incredible to see everything that goes on at that institution. The minister absolutely must go see what is going on in the CRA buildings.

This summer, all my constituents told me their stories and I am happy to share those. They told me that when they call the CRA, no one answers or the lines are always busy. They told me that when they email the CRA, they never get a response. That is unacceptable.

When a member of the public tries to contact a member of the public service, at the very least they should get a response.

JusticeGovernment Orders

October 4th, 2018 / 1:50 p.m.
See context

Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Resuming debate, the hon. member for Elgin—Middlesex—London. I want to inform the hon. member that she will have approximately six minutes, and then we will break. Upon resuming debate, she will have four minutes coming to her to resume, and then have the questions asked.

The hon. member.