Family support enforcement amendments commence

Summary#

This Order sets the dates when parts 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. Some provisions start on December 23, 2020 (the day the Order was registered) and others on November 12, 2021.

What it does#

• Brings several amendments to Part III of the Family Orders and Agreements Enforcement Assistance Act (FOAEAA Part III) and the Garnishment, Attachment and Pension Diversion Act (GAPDA) into force on set dates.
• Comes into force on December 23, 2020:
  • subsections 105(1) (repeal of the definition of “application”),
  • 106(2) (process for applying for pension diversion),
  • 111(2) to (4) (process for varying a support order),
  • 115(3) and (5) (changes about regulatory powers).
• Comes into force on November 12, 2021:
  • subsections 73(2) to (6) (process for applying for licence denial),
  • section 74 (removal of the affidavit form related to licence denial),
  • subsection 76(3) (requirement that the application use a form approved by the Minister).
• The government says the later date for parts of FOAEAA Part III gives time for federal, provincial and territorial systems to update forms and procedures. Regulatory changes needed to support these amendments are being published at the same time.

Who's affected#

• Parents and caregivers involved in federal child- or spousal-support enforcement.
• People who owe support and people owed support (support payors and support recipients).
• Agencies and officials who enforce support, including support creditors (those who apply for licence denial, garnishment or diversion on behalf of a support recipient).
• Employers, pension administrators and other organizations that handle garnishment or pension diversion requests.
• Provincial and territorial family justice officials and service systems that will need to update forms and processes.

Why it matters#

• It gives clear start dates so courts, enforcement agencies and service providers can prepare for the new rules.
• The changes affect how tools like licence denial, pension diversion and garnishment are applied for and processed. That can change how fast and how easily child or spousal support is enforced.
• The government says the aim is to promote the best interests of the child, help reduce child poverty and make the federal family‑justice system more accessible and efficient.