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

Marginal note:Purpose of section

• 7.8 (1) The purpose of this section is to facilitate

  • (a) the identification of orders, undertakings, recognizances, agreements or measures that may conflict with an order under this Act; and

  • (b) the coordination of proceedings.

• Marginal note:Information regarding other orders or proceedings

  (2) In a proceeding for corollary relief and in relation to any party to that proceeding, the court has a duty to consider if any of the following are pending or in effect, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so:

  • (a) a civil protection order or a proceeding in relation to such an order;

  • (b) a child protection order, proceeding, agreement or measure; or

  • (c) an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature.

  In order to carry out the duty, the court may make inquiries of the parties or review information that is readily available and that has been obtained through a search carried out in accordance with provincial law, including the rules made under subsection 25(2).

• Marginal note:Definition of civil protection order

  (3) In this section, civil protection order means a civil order that is made to protect a person’s safety, including an order that prohibits a person from

  • (a) being in physical proximity to a specified person or following a specified person from place to place;

  • (b) contacting or communicating with a specified person, either directly or indirectly;

  • (c) attending at or being within a certain distance of a specified place or location;

  • (d) engaging in harassing or threatening conduct directed at a specified person;

  • (e) occupying a family home or a residence; or

  • (f) engaging in family violence.