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

Definition of competent authority

• 25 (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 23.1;

  • (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.

Marginal note:Provincial child support service — calculation of child support

• 25.01 (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 calculate the amount of child support in accordance with the applicable guidelines and set it out in a decision.

• Marginal note:Application of law of province

  (2) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section.

• Marginal note:Effect of calculation by provincial child support service

  (3) The amount of child support calculated under this section is the amount payable by the spouse who is subject to a provincial child support service decision.

• Marginal note:Liability

  (4) A spouse who is subject to a provincial child support service decision becomes liable to pay the amount of child support calculated under this section on the day, or on the expiry of a period, specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.

• Marginal note:Disagreement with respect to amount

  (5) Either or both spouses who do not agree with the amount of the child support calculated under this section may apply to a court of competent jurisdiction for an order under section 15.1 before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations.

• Marginal note:Effect of application

  (6) The liability to pay the amount of child support under subsection (4) continues while the determination of the application under subsection (5) is pending.

• Marginal note:Recalculation of amount or application for order

  (7) After a spouse subject to a provincial child support service decision becomes liable to pay an amount of child support under subsection (4), either or both spouses may have the amount of child support recalculated under section 25.1 or apply to a court of competent jurisdiction for an order under section 15.1.

Marginal note:Provincial child support service — recalculation of child support

• 25.1 (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 recalculate, in accordance with the applicable guidelines, the amount of child support orders on the basis of updated income information.

• Marginal note:Application of law of province

  (1.1) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section.

• Marginal note:Deeming of income

  (1.2) For the purposes of subsection (1), if a spouse does not provide the income information, a provincial child support service may deem the income of that spouse to be the amount determined in accordance with the method of calculation set out in the law of the province or, if no such method is specified, in accordance with the method prescribed by the regulations.

• 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:Effect of deeming of income

  (2.1) Subject to subsection (5), the income determined under subsection (1.2) shall be deemed to be the spouse’s income for the purposes of the child support order.

• Marginal note:Liability

  (3) The spouse against whom a child support order was made becomes liable to pay the recalculated amount on the day, or on the expiry of the period specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.

• Marginal note:Disagreement with recalculation

  (4) If either or both spouses do not agree with the recalculated amount of the child support order, either or both of them may, before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations, apply to a court of competent jurisdiction

  • (a) in the case of an interim order made under subsection 15.1(2), for an order under section 15.1;

  • (b) in the case of a provincial child support service decision made under section 25.01, for an order under section 15.1; or

  • (c) in any other case, if they are former spouses, for an order under paragraph 17(1)(a).

• 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) If an application made under subsection (4) is withdrawn before it is determined, the spouse against whom the child support order was made becomes liable to pay the recalculated amount on the day on which the spouse would have become liable had the application not been made.

• Marginal note:Definition of child support order

  (7) In this section, child support order has the same meaning as in subsection 2(1) and also means an interim order made under subsection 15.1(2), a provincial child support service decision made under section 25.01 and a variation order made under paragraph 17(1)(a).

Marginal note:Ministerial activities

25.2 The Minister of Justice may conduct activities related to matters governed by this Act, including undertaking research.

Marginal note:Regulations

• 26 (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, mandate and operation of a central registry of divorce proceedings;

  • (b) providing for uniformity in the rules made under section 25;

  • (c) respecting the framework for the calculation or recalculation of the amount of child support by the provincial child support service under section 25.01 or 25.1; and

  • (d) prescribing any matter or thing that by this Act is to be or may be prescribed.

• Marginal note:Regulations prevail

  (2) Regulations made under paragraph (1)(b) prevail over rules made under section 25.

Marginal note:Guidelines

• 26.1 (1) The Governor in Council may establish guidelines respecting 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 information relevant to an order for child support and providing for sanctions and other consequences 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;

  • (c) an order made under subsection 18.1(15) or 19(13) in respect of a child support order; or

  • (d) an order made under subsection 28.5(5) or 29.1(5).

Marginal note:Fees

• 27 (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).

International Conventions

Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

Definitions

Marginal note:Definitions

28 The following definitions apply in this section and in sections 28.1 to 29.5.

2007 Convention

2007 Convention means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007, set out in the schedule. (Convention de 2007)

Central Authority

Central Authority means any person or entity designated under Article 4 of the 2007 Convention that is responsible for carrying out the duties that are imposed on it by the 2007 Convention. (autorité centrale)

competent authority

competent authority means a court that has the authority to make an order, or another entity that has the authority to make a decision, with respect to support under this Act. (autorité compétente)

creditor

creditor means a former spouse to whom support is owed or who seeks to obtain support. (créancier)

debtor

debtor means a former spouse who owes support or from whom support is sought. (débiteur)

State Party

State Party means a State other than Canada in which the 2007 Convention applies. (État partie)