Divorce Act

Marginal note:Transmission

• 19 (1) On receipt of any documents sent pursuant to subsection 18(4), the Attorney General for the province in which the respondent is ordinarily resident shall send the documents to a court in the province.

• Marginal note:Procedure

  (2) Subject to subsection (3), where documents have been sent to a court pursuant to subsection (1), the court shall serve on the respondent a copy of the documents and a notice of a hearing respecting confirmation of the provisional order and shall proceed with the hearing, in the absence of the applicant, taking into consideration the certified or sworn document setting out or summarizing the evidence given to the court that made the provisional order.

• Marginal note:Return to Attorney General

  (3) Where documents have been sent to a court pursuant to subsection (1) and the respondent apparently is outside the province and is not likely to return, the court shall send the documents to the Attorney General for that province, together with any available information respecting the location and circumstances of the respondent.

• Marginal note:Idem

  (4) On receipt of any documents and information sent pursuant to subsection (3), the Attorney General shall send the documents and information to the Attorney General for the province of the court that made the provisional order.

• Marginal note:Right of respondent

  (5) In a proceeding under this section, the respondent may raise any matter that might have been raised before the court that made the provisional order.

• Marginal note:Further evidence

  (6) Where, in a proceeding under this section, the respondent satisfies the court that for the purpose of taking further evidence or for any other purpose it is necessary to remit the matter back to the court that made the provisional order, the court may so remit the matter and adjourn the proceeding for that purpose.

• Marginal note:Order of confirmation or refusal

  (7) Subject to subsection (7.1), at the conclusion of a proceeding under this section, the court shall make an order

  • (a) confirming the provisional order without variation;

  • (b) confirming the provisional order with variation; or

  • (c) refusing confirmation of the provisional order.

• Marginal note:Guidelines apply

  (7.1) A court making an order under subsection (7) in respect of a child support order shall do so in accordance with the applicable guidelines.

• Marginal note:Further evidence

  (8) The court, before making an order confirming the provisional order with variation or an order refusing confirmation of the provisional order, shall decide whether to remit the matter back for further evidence to the court that made the provisional order.

• Marginal note:Interim order for support of children

  (9) Where a court remits a matter pursuant to this section in relation to a child support order, the court may, pending the making of an order under subsection (7), make an interim order in accordance with the applicable guidelines requiring a spouse to pay for the support of any or all children of the marriage.

• Marginal note:Interim order for support of spouse

  (9.1) Where a court remits a matter pursuant to this section in relation to a spousal support order, the court may make an interim order requiring a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums, or such lump sum and periodic sums, as the court thinks reasonable for the support of the other spouse, pending the making of an order under subsection (7).

• Marginal note:Terms and conditions

  (10) The court may make an order under subsection (9) or (9.1) for a definite or indefinite period or until a specified event occurs, and may impose terms, conditions or restrictions in connection with the order as it thinks fit and just.

• Marginal note:Provisions applicable

  (11) Subsections 17(4), (4.1) and (6) to (7) apply, with such modifications as the circumstances require, in respect of an order made under subsection (9) or (9.1) as if it were a variation order referred to in those subsections.

• Marginal note:Report and filing

  (12) On making an order under subsection (7), the court in a province shall

  • (a) send a copy of the order, certified by a judge or officer of the court, to the Attorney General for that province, to the court that made the provisional order and, where that court is not the court that made the support order in respect of which the provisional order was made, to the court that made the support order;

  • (b) where an order is made confirming the provisional order with or without variation, file the order in the court; and

  • (c) where an order is made confirming the provisional order with variation or refusing confirmation of the provisional order, give written reasons to the Attorney General for that province and to the court that made the provisional order.