Canada Gazette, Part I, Volume 154, Number 12: Provincial Child Support Service Regulations
March 21, 2020
Statutory authority
Divorce Act
Sponsoring department
Department of Justice
REGULATORY IMPACT ANALYSIS STATEMENT
For the Regulatory Impact Analysis Statement, see the Guidelines Amending the Federal Child Support Guidelines.
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council, pursuant to paragraphs 26(1)(c) footnote a and (d)footnote a of the Divorce Act footnote b, proposes to make the annexed Provincial Child Support Service Regulations.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Family and Children’s Law and Policy Unit, Department of Justice, 284 Wellington Street, Ottawa, Ontario K1A 0H8 (fax: 613‑952‑9600; email: fclpu-updfe@justice.gc.ca).
Ottawa, March 12, 2020
Julie Adair
Assistant Clerk of the Privy Council
Provincial Child Support Service Regulations
Definition of Act
1 In these Regulations, Act means the Divorce Act.
Prescribed period — subsection 25.01(4) of Act
2 For the purposes of subsection 25.01(4) of the Act, a spouse becomes liable to pay the amount of child support 31 days after the day on which they were notified of the decision in accordance with the law of the province.
Prescribed period — subsection 25.01(5) of Act
3 For the purposes of subsection 25.01(5) of the Act, the prescribed period for applying to a court for an order is 30 days after the day on which both spouses were notified of the decision in accordance with the law of the province.
Prescribed method of calculation — subsection 25.1(1.2) of Act
4 For the purposes of subsection 25.1(1.2) of the Act, the deemed income is the income used to determine the amount of the last child support order plus
- (a) 10% of that income, if fewer than two years have elapsed since that order;
- (b) 15% of that income, if two years or more but fewer than five years have elapsed since that order;
- (c) 20% of that income, if five years or more but fewer than 10 years have elapsed since that order; or
- (d) 30% of that income, if 10 years or more have elapsed since that order.
Prescribed period — subsection 25.1(3) of Act
5 For the purposes of subsection 25.1(3) of the Act, a spouse becomes liable to pay the recalculated amount 31 days after the day on which they were notified of the recalculated amount in accordance with the law of the province.
Prescribed period — subsection 25.1(4) of Act
6 For the purposes of subsection 25.1(4) of the Act, the prescribed period for applying to a court for an order is 30 days after the day on which both spouses were notified of the recalculated amount in accordance with the law of the province.
Coming into Force
7 These Regulations come into force on the day on which section 24 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, chapter 16 of the Statutes of Canada, 2019, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.