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Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.))

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Act current to 2020-06-17 and last amended on 2019-06-21. Previous Versions

General (continued)

Marginal note:Fees

  •  (1) The Governor in Council may, by order, authorize the Minister of Justice to prescribe a fee to be paid by any person to whom a service is provided under this Act or the regulations.

  • Marginal note:Agreements

    (2) The Minister of Justice may, with the approval of the Governor in Council, enter into an agreement with the government of any province respecting the collection and remittance of any fees prescribed pursuant to subsection (1).

 [Repealed, 2019, c. 16, s. 29]

 [Repealed, 1997, c. 1, s. 12]

Transitional Provisions

Marginal note:Proceedings based on facts arising before commencement of Act

 Proceedings may be commenced under this Act notwithstanding that the material facts or circumstances giving rise to the proceedings or to jurisdiction over the proceedings occurred wholly or partly before the day on which this Act comes into force.

Divorce Act, R.S. 1970, c. D-8

Marginal note:Proceedings commenced before commencement of Act

 Proceedings commenced under the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, before the day on which this Act comes into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with that Act as it read immediately before that day, as though it had not been repealed.

Marginal note:Variation and enforcement of orders previously made

  •  (1) Subject to subsection (1.1), any order made under subsection 11(1) of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, including any order made pursuant to section 33 of this Act, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day pursuant to subsection 22(2) of that Act may be varied, rescinded, suspended or enforced in accordance with sections 17 to 20, other than subsection 17(10), of this Act as if

    • (a) the order were a support order or custody order, as the case may be; and

    • (b) in subsections 17(4), (4.1) and (5), the words “or the last order made under subsection 11(2) of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, varying that order” were added immediately before the words “or the last variation order made in respect of that order”.

  • Marginal note:Combined orders

    (1.1) Where an application is made under subsection 17(1) to vary an order referred to in subsection (1) that provides a single amount of money for the combined support of one or more children and a former spouse, the court shall rescind the order and treat the application as an application for a child support order and an application for a spousal support order.

  • Marginal note:Enforcement of interim orders

    (2) Any order made under section 10 of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, including any order made pursuant to section 33 of this Act, may be enforced in accordance with section 20 of this Act as if it were an order made under subsection 15.1(1) or 15.2(1) or section 16 of this Act, as the case may be.

  • Marginal note:Assignment of orders previously made

    (3) Any order for the maintenance of a spouse or child of the marriage made under section 10 or 11 of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, including any order made pursuant to section 33 of this Act, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day pursuant to subsection 22(2) of that Act may be assigned to any minister, member or agency designated pursuant to section 20.1.

  • R.S., 1985, c. 3 (2nd Supp.), s. 34
  • 1997, c. 1, s. 14

Marginal note:Procedural laws continued

 The rules and regulations made under the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, and the provisions of any other law or of any rule, regulation or other instrument made thereunder respecting any matter in relation to which rules may be made under subsection 25(2) that were in force in Canada or any province immediately before the day on which this Act comes into force and that are not inconsistent with this Act continue in force as though made or enacted by or under this Act until they are repealed or altered by rules or regulations made under this Act or are, by virtue of the making of rules or regulations under this Act, rendered inconsistent with those rules or regulations.

Divorce Act, R.S. 1985, c. 3 (2nd Supp.)

Marginal note:Variation and enforcement of support orders previously made

  •  (1) Subject to subsection (2), any support order made under this Act before the coming into force of this section may be varied, rescinded, suspended or enforced in accordance with sections 17 to 20 as if the support order were a child support order or a spousal support order, as the case may be.

  • Marginal note:Combined orders

    (2) Where an application is made under subsection 17(1) to vary a support order made under this Act before the coming into force of this section that provides for the combined support of one or more children and a former spouse, the court shall rescind the order and treat the application as an application for a child support order and an application for a spousal support order.

  • Marginal note:Assignment of orders previously made

    (3) Any support order made under this Act before the coming into force of this section may be assigned to any minister, member or agency designated pursuant to section 20.1.

  • 1997, c. 1, s. 15

Commencement

Marginal note:Commencement

Footnote * This Act shall come into force on a day to be fixed by proclamation.

 
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