The Divorce Act Changes Explained

Proceedings Between a Province and a Designated Jurisdiction

Provisional order
(Section 19(14), Divorce Act)

New section

Provisional order

(14) For greater certainty, if an application under paragraph (1)(a) contains a provisional order that was made in the designated jurisdiction and does not have legal effect in Canada, the court may take the provisional order into consideration but is not bound by it.
Old section

None.

What is the change

When a provisional order is made in a designated jurisdiction and is sent with the application made under s 19(2)(a), it does not have legal effect in Canada. The amendment clarifies that the court is not bound by the provisional order but can take it into consideration when making a decision under the Act.

Reason for the change

A provisional order is an order made in a designated jurisdiction that has no effect until confirmed by a court in another jurisdiction. Some designated jurisdictions still require that a provisional order be either confirmed or denied in the second jurisdiction.

When

March 1, 2021.