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Central Registry of Divorce Proceedings Regulations

Version of section 5 from 2015-06-17 to 2023-01-11:

  •  (1) On receipt of the information provided in accordance with section 4, the central registry shall

    • (a) determine whether any information is missing and, if it is, or if it appears that any information is incorrect, request that the registrar provide the central registry with the missing or correct information;

    • (b) check the record referred to in subsection 3(2) to determine whether the divorce registry number is in sequence and, if it is not, request that the registrar, within seven days after the day on which the request is made, provide the central registry with the reason that it is not in sequence or correct the number; and

    • (c) enter the information, once complete and seemingly correct, into the record referred to in subsection 3(2).

  • (2) On receipt of the information referred to in paragraph 4(1)(b), the central registry shall check the record referred to in subsection 3(2) to determine whether any other divorce proceedings are pending between the spouses referred to in that information or whether a divorce has already been granted in respect of the marriage for which the application for divorce was filed and,

    • (a) if any other divorce proceedings are pending, the central registry shall send notification to that effect

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

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

    • (b) if a divorce has already been granted, the central registry shall send notification to that effect to the registrar of the court in which the application for divorce has been filed; or

    • (c) if no other divorce proceedings are pending and no divorce has already been granted, the central registry shall send notification to that effect to the registrar of the court in which the application for divorce has been filed.

  • (3) A notification referred to in paragraph (2)(c) is valid for a period of six years beginning on the day on which it is sent.

  • (4) If the divorce proceeding has not been discontinued or dismissed and no judgment granting the divorce in respect of the divorce proceeding has taken effect, the central registry, on the request of the registrar of the court of competent jurisdiction, shall renew the notification referred to in paragraph (2)(c) and send the renewal of the notification to that registrar.

  • (5) The renewal of the notification referred to in subsection (4) 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
  • SOR/2013-169, s. 5
  • SOR/2015-156, s. 3
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