The Divorce Act Changes Explained

Miscellaneous

Assignment of an order to public body
(Section 20.1(1)(f), Divorce Act)

New section

Subsection 20.1(1) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):

(f) a public body referred to in Article 36 of the 2007 Convention, as defined in section 28.

Old section

None.

What is the change

Section 20.1(1) allows for the assignment of an order to a public body referred to in Article 36 of the 2007 Convention, as required.

Reason for the change

Support orders can be assigned to a minister, member, agency or public body pursuant to the Act. These assignments often happen when the support recipient is on social assistance.

Implementation of the 2007 Convention allows for applications for the recognition and enforcement of a decision made in a State Party. The amendment allows for an order to be assigned under s 20.1 to a public body (an order assignee in the other State Party), referred to in Article 36 of the 2007 Convention.

The 2007 Convention is not yet in force.

When

The change will come into force by Order in Council.