The Divorce Act Changes Explained

Proceedings Between a Province and a Designated Jurisdiction

Request for further evidence
(Section 19(11), Divorce Act)

New section

Request for further evidence

(11) If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the responsible authority in the designated jurisdiction in order to obtain the evidence.
Old section

None.

What is the change

To obtain additional evidence from the applicant, the court is authorized to work with the appropriate designated authority of the province in which the court is located.

Reason for the change

The approach promotes the efficiency of the application-based process by ensuring that the court receives the evidence needed to make an order. Since the designated authority is involved from the beginning of the inter-jurisdictional proceeding, it is best placed to obtain further evidence from the responsible authority in the applicant’s jurisdiction or from the applicant. In some provinces, particularly in small ones, it is common practice for the designated authority to contact the applicant directly.

When

March 1, 2021.