Central Registry of Divorce Proceedings Regulations (SOR/86-600)

1 [Repealed, SOR/2013-169, s. 2]

Interpretation

2 In these Regulations,

Act

Act means the Divorce Act; (Loi)

application for divorce

application for divorce means an application referred to in subsection 8(1) of the Act; (demande de divorce)

central registry

central registry means the central registry of divorce proceedings established under subsection 3(1); (Bureau d’enregistrement)

Order

Order means the Central Registry of Divorce Proceedings Fee Order; (Décret)

registrar

registrar means the chief administrative officer of a court and includes the registrar, prothonotary or clerk of the court. (greffier)

registration form

registration form[Repealed, SOR/2013-169, s. 3]

Establishment of Central Registry

3 A central registry of divorce proceedings is established and is to be located in Ottawa, Ontario.

Mandate

3.1 The mandate of the central registry is to assist the court in determining its jurisdiction to hear and determine a divorce proceeding by maintaining a central registry of divorce proceedings in Canada, which is to consist of the information that is provided to it in accordance with sections 4 and 7 and which is to be used to determine whether any other divorce proceedings are pending between the spouses or whether a divorce has already been granted in respect of the marriage.

Operation of Central Registry

• 4 (1) The registrar of the court in which an application for divorce is filed shall

  • (a) on the day on which the application for divorce is filed and on receipt of the fee, if applicable, payable under the Order, assign to the application for divorce a number, to be known as a divorce registry number, that next follows in sequence the last divorce registry number assigned by the registrar of that court; and

  • (b) within seven days after the day on which the application for divorce is filed, provide the central registry with the following information:

    • (i) the court number and the divorce registry number assigned to the application for divorce,

    • (ii) the province in which and the date on which the application for divorce was filed,

    • (iii) the date of the marriage in respect of which the application for divorce was filed,

    • (iv) in respect of each spouse,

      • (A) the spouse’s role in the proceeding, namely applicant, joint applicant or respondent,

      • (B) the spouse’s surname and given names on the day before the day of the marriage, and

      • (C) the spouse’s gender on the day before the day of the marriage and their date of birth, and

    • (v) if no fee is attached, the fact that the fee payable under the Order will be sent to the central registry once it is invoiced or the fact that no fee is payable under the Order, as the case may be.

• (2) If a divorce proceeding is transferred to another court, the registrar of the court to which it was transferred shall

  • (a) on the day on which the divorce proceeding is transferred, assign a new divorce registry number that next follows in sequence the last divorce registry number assigned by the registrar of that court; and

  • (b) within seven days after the day on which the divorce proceeding is transferred, provide the central registry with the following information:

    • (i) the court number of the transferring court and the divorce registry number assigned to the divorce proceeding by that court,

    • (ii) the court number of the new court, the province in which it is located and the new divorce registry number assigned to the divorce proceeding,

    • (iii) the date on which the divorce proceeding was transferred,

    • (iv) the date of the marriage in respect of which the application for divorce was filed, and

    • (v) in respect of each spouse,

      • (A) the spouse’s role in the proceeding, namely applicant, joint applicant or respondent,

      • (B) the spouse’s surname and given names on the day before the day of the marriage, and

      • (C) the spouse’s gender on the day before the day of the marriage and their date of birth.

• (3) The information referred to in paragraphs (1)(b) and (2)(b) shall be provided on the form established by the central registry, which shall be dated and signed by the registrar, or in an electronic format that has been agreed on by the registrar and the central registry.

• 5 (1) On receipt of the information provided in accordance with section 4, the central registry shall

  • (a) determine whether any information is missing and, if it is, or if it appears that any information is incorrect, request that the registrar provide the central registry with the missing or correct information;

  • (b) check the record referred to in subsection 3(2) to determine whether the divorce registry number is in sequence and, if it is not, request that the registrar, within seven days after the day on which the request is made, provide the central registry with the reason that it is not in sequence or correct the number; and

  • (c) enter the information, once complete and seemingly correct, into the record referred to in subsection 3(2).

• (2) On receipt of the information referred to in paragraph 4(1)(b), the central registry shall check the record referred to in subsection 3(2) to determine whether any other divorce proceedings are pending between the spouses referred to in that information or whether a divorce has already been granted in respect of the marriage for which the application for divorce was filed and,

  • (a) if any other divorce proceedings are pending, the central registry shall send notification to that effect

    • (i) to the registrar of each court in which the applications for divorce have been filed by the spouses, if the applications were not filed on the same day, or

    • (ii) to the registrar of each court in which the applications for divorce have been filed by the spouses and to the Registry of the Federal Court, if the applications were filed on the same day;

  • (b) if a divorce has already been granted, the central registry shall send notification to that effect to the registrar of the court in which the application for divorce has been filed; or

  • (c) if no other divorce proceedings are pending and no divorce has already been granted, the central registry shall send notification to that effect to the registrar of the court in which the application for divorce has been filed.

• (3) A notification referred to in paragraph (2)(c) is valid for a period of six years beginning on the day on which it is sent.

• (4) If the divorce proceeding has not been discontinued or dismissed and no judgment granting the divorce in respect of the divorce proceeding has taken effect, the central registry, on the request of the registrar of the court of competent jurisdiction, shall renew the notification referred to in paragraph (2)(c) and send the renewal of the notification to that registrar.

• (5) The renewal of the notification referred to in subsection (4) is valid for a period of six years beginning on the day on which it is sent.

6 On receipt of a notification under subsection 5(2), a registrar of a court shall

• (a) place the notification with the relevant application for divorce; and

• (b) if two divorce proceedings are pending between the spouses referred to in the notification or if a divorce has already been granted to those spouses, inform the spouse who filed the application for divorce of the other application or the judgment.

• 7 (1) If a divorce proceeding is transferred to another court, the registrar of the transferring court shall, within seven days after the day on which the divorce proceeding is transferred, provide the central registry with the following information:

  • (a) the court number of the transferring court and the divorce registry number assigned to the divorce proceeding by that court;

  • (b) the province in which the court to which the divorce proceeding was transferred is located and, if known, the court number of that court; and

  • (c) the surname and given names of each spouse involved in the divorce proceeding on the day before the day of the marriage.

• (2) Within seven days after a discontinuance of a divorce proceeding or the taking effect of a judgment dismissing or granting an application for divorce, the registrar of the court of competent jurisdiction shall provide the central registry with the following information:

  • (a) the court number of the court of competent jurisdiction and the divorce registry number assigned to the divorce proceeding by that court;

  • (b) the surname and given names of each spouse involved in the divorce proceeding on the day before the day of the marriage; and

  • (c) the outcome of the divorce proceeding — discontinuance or a judgment dismissing or granting the application for divorce — and the date on which the proceeding was discontinued or the judgment took effect.

• (3) The information referred to in subsections (1) and (2) shall be provided on the form established by the central registry, which shall be dated and signed by the registrar, or in an electronic format that has been agreed on by the registrar and the central registry.

8 On receipt of the information provided in accordance with section 7, the central registry shall enter the information into the record referred to in subsection 3(2).

9 For the sole purpose of record keeping by the central registry, a divorce proceeding shall be presumed, in the absence of evidence to the contrary, to be discontinued if the central registry does not receive the information referred to in subsection 7(2), or any request for renewal of the notification, by the end of the six-year period referred to in subsection 5(3) or (5).