The Divorce Act Changes Explained

Interjurisdictional proceedings

Designated jurisdiction
(Section 18, Divorce Act)

New section

designated jurisdiction means a jurisdiction outside Canada — whether a country or a political subdivision of a country — that is designated under an Act that relates to the reciprocal enforcement of orders relating to support, of the province in which either of the former spouses resides. (État désigné)

Old section

None.

What is the change

The amendment defines “designated jurisdiction” as a jurisdiction outside Canada that has an agreement with a province or territory concerning the establishment, variation or recognition of support orders for the purpose of ss 18.1 through 19.1.

Reason for the change

Canadian provinces and territories all have reciprocity arrangements with one another, as well as with a number of foreign designated jurisdictions. The Inter-jurisdictional Support Orders Act (ISO Acts) are provincial and territorial laws that list these reciprocity arrangements. Under the amendment, a “designated jurisdiction” is a jurisdiction outside Canada designated under the ISO Acts. The amendment aligns terminology used in the Divorce Act and the ISO Acts.

When

March 1, 2021.