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| Numan Bajwa |
Part one of this series (see below for link) looked at updates to the definition of “child” and the introduction of s. 59.9. Part two continues the discussion of additional updates.
Changes to the Family Responsibility and Support Arrears Enforcement Act, 1996
To complement the changes introduced in the Family Law Act, amendments have been made to the Family Responsibility and Support Arrears Enforcement Act, 1996 (FRSAEA). These updates enhance the enforcement of support orders, including those originating from family arbitration awards, and streamline interjurisdictional co-operation.
Expanded definition of ‘support order’
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Streamlined enforcement
Support orders, including arbitration awards, can now be enforced through the Superior Court of Justice or the Family Court. This uniform approach simplifies the process for families, allowing them to rely on established legal mechanisms for enforcement.
Improved interjurisdictional recognition and enforcement
Amendments to the FRSAEA enhance the recognition of family arbitration awards across jurisdictions. This ensures that support orders issued in Ontario can be enforced in other provinces or territories, providing greater consistency and reliability for families with cross-border concerns.
Practical implications
- Families benefit from faster enforcement of support obligations.
- Cross-jurisdictional recognition provides certainty for families relocating or dealing with parties in other provinces.
- These changes bolster confidence in family arbitration as an effective dispute resolution tool.
By aligning the FRSAEA with the amendments to the Family Law Act, Ontario has streamlined its approach to enforcing support obligations, ensuring that families can achieve resolutions in a fair and timely manner.
Updates to the Interjurisdictional Support Orders Act, 2002
The Interjurisdictional Support Orders Act, 2002 plays a critical role in managing support obligations across provincial, territorial and even international borders. Recognizing the importance of consistency in family law enforcement, recent amendments integrate arbitration awards into the framework of this legislation.
Arbitration awards treated as enforceable ‘support orders’
The amendments classify family arbitration awards containing support provisions as enforceable “support orders.” This inclusion ensures that arbitration awards are treated with the same authority and recognition as court-issued support orders in cross-jurisdictional matters. Families can now rely on arbitration outcomes to secure support even if one party resides outside Ontario.
Simplification of the process for cross-jurisdictional enforcement
With this change, arbitration awards enforceable under s. 59.9 of the Family Law Act are recognized in other jurisdictions. This eliminates potential delays and legal ambiguities, streamlining the enforcement process for families dealing with cross-border obligations.
Practical implications
- Families benefit from seamless enforcement of arbitration awards across jurisdictions.
- Reduces legal hurdles for parties who relocate or have cross-border disputes.
- Encourages the use of arbitration as a viable resolution method, knowing that awards are enforceable beyond provincial boundaries.
These updates align Ontario’s family law enforcement mechanisms with modern mobility and cross-jurisdictional realities, ensuring families are supported wherever they may reside.
Commencement of changes
Legislative amendments are not immediately enforceable upon passage; they require formal activation. The 2024 updates to Ontario’s family law framework highlight the role of the Lieutenant Governor’s proclamation in bringing these changes into effect.
The role of the Lieutenant Governor’s proclamation
The proclamation serves as the official declaration that the amendments are now active and enforceable. This process ensures that stakeholders, such as courts, legal professionals and families, have sufficient time to prepare for the implementation of the changes.
Pending status of full implementation
As outlined in the legislative text, the exact date for the commencement of these amendments will be determined by the Lieutenant Governor. This staged approach allows:
- Time for training and awareness: Legal professionals and court staff need to familiarize themselves with the updated enforcement mechanisms.
- Public education: Families and parties affected by these changes can understand their rights and obligations under the new rules.
This is the final part of a two-part series. Part one: Understanding the latest amendments to Ontario’s Family Law Act: Key changes for 2024.
As a leading legal professional with years of experience, Numan Bajwa specializes in divorce, simple and complex separation agreements, marriage contracts and other family law matters. He provides compassionate, strategic and effective legal counsel to help clients achieve the best possible outcome during this challenging time. DivorceGo, operated by Bluetown Law, is an award-winning and accredited legal service.
The opinions expressed are those of the author and do not reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada, or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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