The Divorce Act Changes Explained

Conversion of Applications

Application of certain provisions
(Section 18.3(3), Divorce Act)

New section

Application of certain provisions

(3) If paragraph (1)(b) applies, then subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of the application.
Old section

None.

What is the change

When neither the respondent nor the order assignee files a response to a support variation application under s 17, the court can convert it to an inter-jurisdictional variation application. Once the court converts the application, all inter-jurisdictional procedures apply.

Reason for the change

The amendment clarifies that the legislative framework for the inter-jurisdictional process applies.

When

March 1, 2021.