The Divorce Act Changes Explained

Interjurisdictional proceedings

Respondent resident in another province
(Section 18.1(9), Divorce Act)

New section

Respondent resident in another province

(9) If the designated authority knows that the respondent is habitually resident in another province, it shall send the application to the designated authority of that province.
Old section

None.

What is the change

When the designated authority knows that the respondent resides in another province, it must send the application to the designated authority in that province.

Reason for the change

The amendment improves efficiency and avoids unnecessary delays. When the designated authority knows that the respondent resides in another province, the application must be sent to the designated authority in the respondent’s jurisdiction. The application must not be sent back to the designated authority in the applicant’s province. This approach is similar to the one followed under the provincial Inter-jurisdictional Support Orders Act.

When

March 1, 2021.