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JUST Committee Report

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In accordance with its Order of Reference of Thursday, October 4, 2018, your Committee has considered 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, and agreed on Wednesday, December 5, 2018, to report it with the following amendments:

Clause 8

That Bill C-78, in Clause 8, be amended by replacing line 15 on page 11 with the following:

“(c) to inform the person of the parties’ duties under this Act.”

Clause 12

That Bill C-78, in Clause 12, be amended by replacing, in the English version, line 24 on page 13 with the following:

“(e) the child’s views and preferences, giving due”

That Bill C-78, in Clause 12, be amended by replacing line 3 on page 15 with the following:

“(6) In allocating parenting time, the court shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child.

(7) In this section, a parenting order includes an interim”

That Bill C-78, in Clause 12, be amended by replacing lines 16 to 22 on page 16 with the following:

“16.2 (1) Parenting time may be allocated by way of a schedule.

(2) Unless the court orders otherwise, a person to whom”

That Bill C-78, in Clause 12, be amended by adding after line 12 on page 19 the following:

“(4) An application referred to in subsection (3) may be made without notice to any other party.”

That Bill C-78, in Clause 12, be amended by

(a) replacing line 17 on page 19 with the following:

“tify, at least 60 days before the expected date of the proposed relocation and in the form prescribed by the regulations, any other person who has parenting time, decision-”

(b) replacing lines 20 to 22 on page 19 with the following:

“(2) The notice must set out”

(c) adding the following after line 29 on page 19:

“(d) any other information prescribed by the regulations.”

(d) replacing line 32 on page 19 with the following:

“tions, or in the regulations made for the purposes of those subsections, do not apply or may modify them, including where”

(e) adding the following after line 33 on page 19:

“(4) An application referred to in subsection (3) may be made without notice to any other party.”

That Bill C-78, in Clause 12, be amended by

(a) replacing line 1 on page 20 with the following:

“16.91 (1) A person who has given notice under section 16.9”

(b) replacing lines 9 to 11 on page 20 with the following:

“object to the relocation within 30 days after the day on which the notice is received, by setting out their objection in

(A) a form prescribed by the regulations, or

(B) an application made under subsection 16.1(1) or paragraph 17(1)(b), and”

(c) adding the following after line 12 on page 20:

“(2) The form must set out

(a) a statement that the person objects to the proposed relocation;

(b) the reasons for the objection;

(c) the person’s views on the proposal for the exercise of parenting time, decision-making responsibility or contact, as the case may be, that is set out in the notice referred to in subsection 16.9(1); and

(d) any other information prescribed by the regulations.”

That Bill C-78, in Clause 12, be amended by replacing lines 5 to 7 on page 21 with the following:

“child, the court shall not consider, if the child’s relocation was prohibited, whether the person who intends to relocate the child would relocate without the child or not relocate.”

That Bill C-78, in Clause 12, be amended by

(a) replacing line 8 on page 22 with the following:

“idence, in the form prescribed by the regulations, and shall set out, in addition to the information”

(b) replacing line 10 on page 22 with the following:

“could be exercised in light of the change and any other information prescribed by the regulations.”

(c) replacing line 13 on page 22 with the following:

“tions, or in the regulations made for the purposes of those subsections, do not apply or modify them, if the court is of the”

(d) adding after line 15 on page 22 the following:

“(4) An application referred to in subsection (3) may be made without notice to any other party.”

Clause 14

That Bill C-78, in Clause 14, be amended by replacing, in the English version, line 10 on page 25 with the following:

“es resides.”

Clause 22

That Bill C-78, in Clause 22, be amended by adding after line 11 on page 35 the following:

“22.1 The Act is amended by adding the following after section 23:

23.2 (1) A proceeding under this Act may be conducted in English or French, or in both official languages of Canada.

(2) In any proceeding under this Act,

(a) any person has the right to use either official language, including to

(i) file pleadings or other documents,

(ii) give evidence, or

(iii) make submissions;

(b) the court shall, at the request of any person, provide simultaneous interpretation from one official language into the other;

(c) any party to that proceeding has the right to a judge who speaks the same official language as that party or both official languages, as the case may be;

(d) any party to that proceeding has the right to request a transcript or recording, as the case may be, of

(i) what was said during that proceeding in the official language in which it was said, if what was said was taken down by a stenographer or a sound recording apparatus, and

(ii) any interpretation into the other official language of what was said; and

(e) the court shall, at the request of any party to that proceeding, make available in that party’s official language of choice any judgment or order that is rendered or made under this Act and that relates to that party.

(3) In the case of a discrepancy between the original version of a document referred to in paragraph (2)(a) or (e) and the translated text, the original version shall prevail.

(4) The court forms relating to any proceedings under this Act shall be made available in both official languages.”

Clause 31

That Bill C-78, in Clause 31, be amended by replacing, in the English version, line 16 on page 50 with the following:

“(b) be registered for the purposes of enforcement in the”

Clause 46

That Bill C-78, in Clause 46, be amended by replacing, in the English version, line 21 on page 59 with the following:

“under section 12.1, send to the person referred to in”

That Bill C-78, in Clause 46, be amended by

(a) replacing, in the French version, line 4 on page 62 with the following:

“(i) soit dans le cadre de la Loi sur le divorce, dans le”

(b) replacing, in the French version, line 12 on page 62 with the following:

“taires, dans le but d’obtenir ou de faire modifier une”

Clause 65

That Bill C-78, in Clause 65, be amended by replacing, in the English version, line 6 on page 70 with the following:

“against, any garnishable moneys payable to or for the”

Clause 67

That Bill C-78, in Clause 67, be amended by replacing, in the English version, lines 19 and 20 on page 70 with the following:

“tion 60, be recovered by way of deduction from, or set-off or compensation against, any garnishable moneys payable to”

Clause 89

That Bill C-78, in Clause 89, be amended by

(a) replacing, in the English version, lines 1 and 2 on page 79 with the following:

“recovered from the debtor by way of deduction from, or set-off or compensation against, future moneys payable to the”

(b) replacing, in the English version, line 10 on page 79 with the following:

“or set-off or compensation against, moneys payable to or for”

Clause 98

That Bill C-78, in Clause 98, be amended by

(a) replacing, in the English version, lines 6 and 7 on page 83 with the following:

“covered from the debtor by way of deduction from, or set-off or compensation against, future moneys payable to the”

(b) replacing, in the English version, line 15 on page 83 with the following:

“from, or set-off or compensation against, moneys payable to”

Clause 114

That Bill C-78, in Clause 114, be amended by

(a) replacing, in the English version, line 21 on page 91 with the following:

“tion from, or set-off or compensation against, future pen-”

(b) replacing, in the English version, line 30 on page 91 with the following:

“or set-off or compensation against, future diversion pay-”

Clause 126

That Bill C-78, in Clause 126, be amended by

(a) replacing line 26 on page 96 with the following:

“19, 21, 22 and 23 to 25, subsection 28(3) and sections 32 to”

(b) adding after line 5 on page 97 the following:

“(3.1) Section 22.1 comes into force in one or more provinces on a day or days to be fixed by order of the Governor in Council.”

Your Committee has ordered a reprint of Bill C-78, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 117, 119 to 122 and 124) is tabled.