Bill C-78 (Historical)

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

Jody Wilson-Raybould  Liberal

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

Justice and Human Rights Committee, on Nov. 5, 2018

Justice and Human Rights Committee, on Nov. 19, 2018

  • Siham Haddadi, Lawyer, Secretariat of the Order and Legal Affairs, Barreau du Québec
  • Valérie Laberge, Member, Family Law Committee, Barreau du Québec
  • Nicolas Le Grand Alary, Lawyer, Secretariat of the Order and Legal Affairs, Barreau du Québec
  • Gillian Bourke, Lawyer, Family Law Association of Nunavut
  • Daniel Boivin, President, Fédération des associations de juristes d'expression française de common law inc.
  • Shalini Konanur, Executive Director and Lawyer, South Asian Legal Clinic of Ontario
  • Silmy Abdullah, Lawyer, South Asian Legal Clinic of Ontario
  • Arif Virani, Parkdale—High Park, Lib.
  • Valerie Irvine, Assistant Professor, Faculty of Education, University of Victoria, As an Individual
  • Grant Wilson, President, Canadian Children's Rights Council
  • Alan Hamaliuk, Vice-President, Men's Educational Support Association
  • Gus Sleiman, President, Men's Educational Support Association
  • Lisa Wolff, Director, Policy and Research, UNICEF Canada
  • Edward Kruk, President, International Council on Shared Parenting
  • Rollie Thompson, Professor, Schulich School of Law, Dalhousie University, As an Individual
  • Janice Christianson-Wood, President, Canadian Association of Social Workers
  • Glenn Cheriton, President, Canadian Equal Parenting Council
  • Leighann Burns, Executive Director, Family Law Lawyer, Harmony House
  • Rob Nicholson, Niagara Falls, CPC

Justice and Human Rights Committee, on Nov. 21, 2018

  • Lawrence Pinsky, Taylor McCaffrey LLP and Past Chair, Family Law Section, Canadian Bar Association, As an Individual
  • Suki Beavers, Project Director, National Association of Women and the Law
  • Pamela Cross, Legal Director, Luke's Place Support and Resource Centre for Women and Children
  • Shaun O'Brien, Executive Director and General Counsel, Women's Legal Education and Action Fund
  • Robert Samery, Chair of The Board, Canadian Centre for Men and Families
  • Jess Haines, Associate Professor, University of Guelph, Canadian Centre for Men and Families
  • Heidi Nabert, President, National Shared Parenting Association
  • Abimbola Ajibolade, Executive Director, The Redwood
  • Elba Bendo, Director of Law Reform, West Coast LEAF
  • Kim Hawkins, Executive Director, Rise Women's Legal Centre, West Coast LEAF

Justice and Human Rights Committee, on Nov. 26, 2018

Justice and Human Rights Committee, on Nov. 28, 2018

  • Nicholas Bala, Professor, Faculty of Law, Queen's University, As an Individual
  • Julie Guindon, Lawyer, Mediator, Arbitrator and Parental Coordinator, Société professionnelle Julie I. Guindon, As an Individual
  • Robert Harvie, Lawyer, Advisory Board Member, Huckvale LLP, National Self-Represented Litigants Project, As an Individual
  • Laurie Pawlitza, Partner, Torkin Manes LLP, As an Individual
  • Linda Neilson, Professor Emerita, University of New Brunswick, As an Individual
  • Kathy Vandergrift, President and Chair, Board of Directors, Canadian Coalition for the Rights of Children

Justice and Human Rights Committee, on Dec. 5, 2018