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

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Act current to 2019-06-20 and last amended on 2015-02-26. Previous Versions

General (continued)

Marginal note:Provincial laws of evidence

  •  (1) Subject to this or any other Act of Parliament, the laws of evidence of the province in which any proceedings under this Act are taken, including the laws of proof of service of any document, apply to such proceedings.

  • Marginal note:Presumption

    (2) For the purposes of this section, where any proceedings are transferred to the Federal Court under subsection 3(3) or 5(3), the proceedings shall be deemed to have been taken in the province specified in the direction of the Court to be the province with which both spouses or former spouses, as the case may be, are or have been most substantially connected.

  • R.S., 1985, c. 3 (2nd Supp.), s. 23
  • 2002, c. 8, s. 183

Marginal note:Proof of signature or office

 A document offered in a proceeding under this Act that purports to be certified or sworn by a judge or an officer of a court shall, unless the contrary is proved, be proof of the appointment, signature or authority of the judge or officer and, in the case of a document purporting to be sworn, of the appointment, signature or authority of the person before whom the document purports to be sworn.

Definition of competent authority

  •  (1) In this section, competent authority, in respect of a court, or appellate 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 proceedings under this Act in a court, or appellate court, in a province, including, without limiting the generality of the foregoing, rules

    • (a) regulating the practice and procedure in the court, including the addition of persons as parties to the proceedings;

    • (b) respecting the conduct and disposition of any proceedings under this Act without an oral hearing;

    • (b.1) respecting the application of section 17.1 in respect of proceedings for a variation order;

    • (c) regulating the sittings of the court;

    • (d) respecting the fixing and awarding of costs;

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

    • (f) respecting the transfer of proceedings under this Act to or from the court; and

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

  • Marginal note:Exercise of power

    (3) The power to make rules for a court or appellate court conferred by subsection (2) on a competent authority shall 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 conferred on that authority by the laws of the province.

  • Marginal note:Not statutory instruments

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

  • R.S., 1985, c. 3 (2nd Supp.), s. 25
  • 1993, c. 8, s. 5

Marginal note:Agreements with provinces

  •  (1) With the approval of the Governor in Council, the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to

    • (a) assist courts in the province in the determination of the amount of child support; and

    • (b) recalculate, at regular intervals, in accordance with the applicable guidelines, the amount of child support orders on the basis of updated income information.

  • Marginal note:Effect of recalculation

    (2) Subject to subsection (5), the amount of a child support order as recalculated pursuant to this section shall for all purposes be deemed to be the amount payable under the child support order.

  • Marginal note:Liability

    (3) The former spouse against whom a child support order was made becomes liable to pay the amount as recalculated pursuant to this section thirty-one days after both former spouses to whom the order relates are notified of the recalculation in the manner provided for in the agreement authorizing the recalculation.

  • Marginal note:Right to vary

    (4) Where either or both former spouses to whom a child support order relates do not agree with the amount of the order as recalculated pursuant to this section, either former spouse may, within thirty days after both former spouses are notified of the recalculation in the manner provided for in the agreement authorizing the recalculation, apply to a court of competent jurisdiction for an order under subsection 17(1).

  • Marginal note:Effect of application

    (5) Where an application is made under subsection (4), the operation of subsection (3) is suspended pending the determination of the application, and the child support order continues in effect.

  • Marginal note:Withdrawal of application

    (6) Where an application made under subsection (4) is withdrawn before the determination of the application, the former spouse against whom the order was made becomes liable to pay the amount as recalculated pursuant to this section on the day on which the former spouse would have become liable had the application not been made.

  • 1997, c. 1, s. 10
  • 1999, c. 31, s. 74(F)

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and, without limiting the generality of the foregoing, may make regulations

    • (a) respecting the establishment and operation of a central registry of divorce proceedings in Canada; and

    • (b) providing for uniformity in the rules made pursuant to section 25.

  • Marginal note:Regulations prevail

    (2) Any regulations made pursuant to subsection (1) to provide for uniformity in the rules prevail over those rules.

Marginal note:Guidelines

  •  (1) The Governor in Council may establish guidelines respecting the making of orders for child support, including, but without limiting the generality of the foregoing, guidelines

    • (a) respecting the way in which the amount of an order for child support is to be determined;

    • (b) respecting the circumstances in which discretion may be exercised in the making of an order for child support;

    • (c) authorizing a court to require that the amount payable under an order for child support be paid in periodic payments, in a lump sum or in a lump sum and periodic payments;

    • (d) authorizing a court to require that the amount payable under an order for child support be paid or secured, or paid and secured, in the manner specified in the order;

    • (e) respecting the circumstances that give rise to the making of a variation order in respect of a child support order;

    • (f) respecting the determination of income for the purposes of the application of the guidelines;

    • (g) authorizing a court to impute income for the purposes of the application of the guidelines; and

    • (h) respecting the production of income information and providing for sanctions when that information is not provided.

  • Marginal note:Principle

    (2) The guidelines shall be based on the principle that spouses have a joint financial obligation to maintain the children of the marriage in accordance with their relative abilities to contribute to the performance of that obligation.

  • Definition of order for child support

    (3) In subsection (1), order for child support means

    • (a) an order or interim order made under section 15.1;

    • (b) a variation order in respect of a child support order; or

    • (c) an order or an interim order made under section 19.

  • 1997, c. 1, s. 11

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).

 
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