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Press Release: Ministry of Attorney General

June 5, 1997 (97:61)

Improving Lives of Children Focus of Legislative Changes

B.C. to Recognize Same-Sex Couples

VICTORIA—Attorney General Ujjal Dosanjh today introduced several legislative changes that will improve the lives of children and families through stricter enforcement of child support orders, use of standardized support guidelines and a wider definition of common4aw spouse to include same-sex couples.

"This government recognizes that it takes healthy children and families to build strong communities," said Dosanjh. "That’s why we have taken a stand against child poverty by focusing our energies across government on Initiatives that promote the well-being of children, and address their right to a safe and nurturing environment."

Amendments will be made to the Family Relations Act and the Family Maintenance Enforcement Act to encompass the new changes.

"There is nothing more fundamental to a family’s health and well-being than ensuring parents pay adequate and fair support to raise their children," said Dosanjh. "Too often, single-parent households—which are generally headed by women—face economic and emotional hardship because of missed or sporadic child support payments. This is simply unacceptable."

The amendments will strengthen the enforcement provisions of the Family Maintenance Enforcement Act to increase the collection rate of child support orders by providing more effective incentives for payers in default to pay the maintenance they owe.

"These enforcement measures send a clear message that this government considers child support a serious obligation. Maintenance payments are debts and must be paid in full and on time. We are putting children’s interests ahead of wilful defaulters."

The new enforcement measures will include:

  • reporting payers who default on their maintenance payments to credit bureaus.
  • preventing the issue or renewal of a defaulting payer’s driver’s licence.
  • enforcing maintenance arrears directly against corporations owned by payers in default.
  • garnisheeing pension benefits to enforce maintenance orders.
  • charging an annual fee to payers in arrears.

The provincial Family Relations Act is being amended to adopt child support guidelines consistent with federal guidelines that came into effect on May 1. By introducing provincial guidelines, the province is ensuring there is one system to make decisions about child support. And children will be entitled to the same support regardless of whether parents were married or not.

These guidelines will result in fairer, more consistent and predictable child support awards across similar income levels, and reduce the need for expensive litigation that places heavy emotional and financial strains on families, said Dosanjh.

The Family Relations Act is also being amended to extend the benefits and obligations relating to custody, maintenance and access to same-sex couples, and to add a clause that allows common-law and same-sex couples to enter into agreements and be bound by the act’s property division provisions. Once passed, these amendments will be the first of their kind in Canada addressing the rights and responsibilities of same-sex couples.

Dosanjh said he will announce plans in the near future for a comprehensive review of the definition of spouse and its implications for all provincial legislation.

Media Inquiries:
Kate Thompson
(250) 387-5008

Backgrounder attached.

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