The Divorce Act Changes Explained

Interjurisdictional proceedings

Sending application to competent authority in respondent's province
(Section 18.1(5), Divorce Act)

New section

Sending application to competent authority in respondent’s province

(5) Subject to subsection (9), the designated authority that receives the application under subsection (4) shall send it to the competent authority in its province.
Old section

None.

What is the change

When they receive the application, the designated authority must send it to the appropriate competent authority in the province (the respondent’s province).

Reason for the change

The new procedure will improve efficiency by ensuring that each application is sent to the appropriate competent authority. Based on the content of the application, the designated authority must identify whether the appropriate competent authority is either a court (generally the one closest to the respondent’s residence), or a provincial child support service (if available).

When

March 1, 2021.