Order Fixing November 15, 2023 as the Day on Which Certain Provisions 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 Come into Force: SI/2023-19

Canada Gazette, Part II, Volume 157, Number 13

Registration
SI/2023-19 June 21, 2023

DIVORCE ACT
FAMILY ORDERS AND AGREEMENTS ENFORCEMENT ASSISTANCE ACT
GARNISHMENT, ATTACHMENT AND PENSION DIVERSION ACT

Order Fixing November 15, 2023 as the Day on Which Certain Provisions 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 Come into Force

P.C. 2023-555 June 9, 2023

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, under subsection 126(4) 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, fixes November 15, 2023 as the day on which sections 43, 45, 46 and 48 and subsections 49(1), (3) and (5) to (7) of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

Pursuant to subsection 126(4) 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, the Order fixes November 15, 2023, as the day on which sections 43, 45, 46 and 48, and subsections 49(1), (3) and (5) to (7) of that Act come into force. These sections refer to the majority of provisions related to Part I of the Family Orders and Agreement Enforcement Assistance Act (FOAEAA).

Objective

The objective of the Order is to fix a specific date for the coming into force of amendments to Part I of FOAEAA aimed at

Background

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 (former Bill C-78) strengthens and modernizes Canada’s family justice system, promotes access to justice and makes federal family laws more responsive to Canadian families’ needs.

The following provisions related to Part I of FOAEAA, as amended by former Bill C-78, will be brought into force through this Order on November 15, 2023:

Section 43 addresses definitions.

Section 45 addresses the designation of provincial entities in an agreement made with each of the provinces and territories concerning the search for, and release of, information under Part I of FOAEAA. It also addresses the establishment of an agreement with police forces under that part.

Section 46 addresses the process to apply for the release of information, including financial information (e.g. income information).

Section 48 addresses privacy safeguards for the release of information (provincial entities and peace officers), and the search request made by the Minister of Justice on his own initiative.

Subsection 49(1) is a consequential amendment (application in the form approved by the Minister).

Subsection 49(3) is a consequential amendment (prescribing information bank directors).

Subsection 49(5) is a consequential amendment (prescribing the conditions for the release of information between information bank directors and prescribing the information to be released to each applicant).

Subsection 49(6) is a consequential amendment (prescribing the time and manner under which a notice under section 12.1 must be sent and allowing for anything that needs to be prescribed under Part I to be prescribed).

Subsection 49(7) places a limit on the release of financial information adding a requirement that the concurrence of the Minister of Finance is secured before making a regulation that would provide for the release of a taxpayer’s financial information.

Implications

This Order makes clear for Canadians when the FOAEAA Part I amendments come into force.

In light of the amendments to Part I of FOAEAA, the existing Release of Information for Family Orders and Agreements Enforcement Regulations (the existing Regulations) will be repealed and replaced with the proposed Release of Information for Family Orders and Agreements Assistance Regulations (the new Regulations). This Order will be published concurrently with the new Regulations, which are needed to implement the legislative amendments to Part I of FOAEAA.

By fixing a later coming-into-force date for the amendments to FOAEAA Part I, this Order provides the time necessary to make the changes to the federal, provincial and territorial (FPT) computer system to implement legislative and regulatory changes and to enter into an agreement with each of the provinces and territories pursuant to section 3 of FOAEAA.

Consultation

Federal partners under Part I were consulted on the legislative amendments made to Part I of the FOAEAA, as well as the proposed Regulations that would implement the legislative amendments, and they supported both. Extensive consultation with the Canada Revenue Agency (CRA) and the Department of Finance (FIN) also took place as the release of financial information is an element that can only be listed in the new Regulations with the concurrence of the Minister of Finance. The CRA and FIN support the new Regulations and concurrence of the Minister of Finance has been secured.

The Minister of Justice regularly hears from stakeholders in Canada on family law-related matters.

The Department of Justice has consulted provincial and territorial family law officials who, as those responsible for the delivery of family justice services, deal directly with families undergoing separation and divorce. Consultation on policy direction has also taken place with family and tax law experts. The Department will continue to be in regular contact with key stakeholders through various fora. In addition, the Department will continue its FPT collaboration on issues related to family law, support enforcement and the improvement of federal support enforcement tools and the administration of justice to help reduce poverty for children and parents going through a family breakdown.

Contact

Annick Boulay
Counsel
Family Law and Youth Justice Policy Section
Family and Children’s Law Team
Department of Justice
Email: commentsFOAEAA-GAPDA.commentairesLAEOEF-LSADP@justice.gc.ca