Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Central Registry of Divorce Proceedings Regulations

Version of section 5 from 2011-03-03 to 2013-09-29:

  •  (1) On receipt of Part 1 of a registration form sent pursuant to section 4, an officer of the central registry shall

    • (a) check if the divorce registry number of the form is in the numerical sequence and if not, advise the appropriate registrar thereof, in writing, and request that within seven days thereafter the central registry be

      • (i) informed of the reason for the lack of numerical sequence, or

      • (ii) provided with the missing form or forms; and

    • (b) enter the information contained in the registration form in the record referred to in subsection 3(2).

  • (2) Where the record referred to in subsection 3(2), indicates that two divorce proceedings are pending between the spouses referred to in a registration form, an officer of the central registry shall send written notification to that effect, including the information contained in the record in respect of those proceedings

    • (a) to the registrar of each court in which the applications for a divorce have been filed by the spouses, where the applications were not filed on the same day; or

    • (b) to the registrar of each court in which the applications for a divorce have been filed by the spouses and the Registry of the Federal Court, where the applications were filed on the same day.

  • (3) Where the record, referred to in subsection 3(2) indicates that no other divorce proceedings are pending between the spouses referred to in a registration form, an officer of the central registry shall send written notification to that effect to the registrar of the court in which the application for divorce has been filed.

  • (4) A notification referred to in subsections (2) and (3) may be in the form of an endorsement on the relevant registration form, on a separate notice, or in electronic form.

  • (5) A notification referred to in subsection (3) is valid for a period of six years beginning on the day on which it is sent.

  • (6) If the divorce proceeding has not been discontinued or dismissed or if no judgment granting the divorce in respect of the divorce proceeding has taken effect, the central registry, on the request of the appropriate registrar, shall renew the notification referred to in subsection (3) and send the renewal of the notification to the appropriate registrar.

  • (7) Any renewal of a notification referred to in subsection (3) may be in the form of an endorsement on the registration form, on a separate notice or in electronic form and is valid for a period of six years beginning on the day on which it is sent.

  • SOR/2005-318, s. 4
  • SOR/2011-59, s. 1
Date modified: