Civil Marriage Act

Definition of competent authority

• 12 (1) In this section, competent authority, in respect of a court in a province, means the body, person or group of persons ordinarily competent under the laws of that province to make rules regulating the practice and procedure in that court.

• Marginal note:Rules

  (2) Subject to subsection (3), the competent authority may make rules applicable to any applications made under this Part in a court in a province, including rules

  • (a) regulating the practice and procedure in the court;

  • (b) respecting the conduct and disposition of any applications that are made under this Part without an oral hearing;

  • (c) prescribing and regulating the duties of the officers of the court; and

  • (d) prescribing and regulating any other matter considered expedient to attain the ends of justice and carry into effect the purposes and provisions of this Part.

• Marginal note:Exercise of power

  (3) The power of a competent authority to make rules for a court must be exercised in the like manner and subject to the like terms and conditions, if any, as the power to make rules for that court that are conferred on that authority by the laws of the province.

• Marginal note:Not statutory instruments

  (4) Rules that are made under this section by a competent authority that is not a judicial or quasi-judicial body are deemed not to be statutory instruments within the meaning and for the purposes of the Statutory Instruments Act.