Divorce Act

Marginal note:Definitions

• 18 (1) In this section and section 19,

  Attorney General

  Attorney General, in respect of a province, means

  • (a) for Yukon, the member of the Executive Council of Yukon designated by the Commissioner of Yukon,

  • (b) for the Northwest Territories, the member of the Executive Council of the Northwest Territories designated by the Commissioner of the Northwest Territories,

  • (b.1) for Nunavut, the member of the Executive Council of Nunavut designated by the Commissioner of Nunavut, and

  • (c) for the other provinces, the Attorney General of the province,

  and includes any person authorized in writing by the member or Attorney General to act for the member or Attorney General in the performance of a function under this section or section 19; (procureur général)

  provisional order

  provisional order means an order made pursuant to subsection (2). (ordonnance conditionnelle)

• Marginal note:Provisional order

  (2) Notwithstanding paragraph 5(1)(a) and subsection 17(1), where an application is made to a court in a province for a variation order in respect of a support order and

  • (a) the respondent in the application is ordinarily resident in another province and has not accepted the jurisdiction of the court, or both former spouses have not consented to the application of section 17.1 in respect of the matter, and

  • (b) in the circumstances of the case, the court is satisfied that the issues can be adequately determined by proceeding under this section and section 19,

  the court shall make a variation order with or without notice to and in the absence of the respondent, but such order is provisional only and has no legal effect until it is confirmed in a proceeding under section 19 and, where so confirmed, it has legal effect in accordance with the terms of the order confirming it.

• Marginal note:Transmission

  (3) Where a court in a province makes a provisional order, it shall send to the Attorney General for the province

  • (a) three copies of the provisional order certified by a judge or officer of the court;

  • (b) a certified or sworn document setting out or summarizing the evidence given to the court; and

  • (c) a statement giving any available information respecting the identification, location, income and assets of the respondent.

• Marginal note:Idem

  (4) On receipt of the documents referred to in subsection (3), the Attorney General shall send the documents to the Attorney General for the province in which the respondent is ordinarily resident.

• Marginal note:Further evidence

  (5) Where, during a proceeding under section 19, a court in a province remits the matter back for further evidence to the court that made the provisional order, the court that made the order shall, after giving notice to the applicant, receive further evidence.

• Marginal note:Transmission

  (6) Where evidence is received under subsection (5), the court that received the evidence shall forward to the court that remitted the matter back a certified or sworn document setting out or summarizing the evidence, together with such recommendations as the court that received the evidence considers appropriate.