The Divorce Act Changes Explained

Recognition of Decision of designated Jurisdiction

Registration and recognition
(Section 19.1(2), Divorce Act)

New section

Registration and recognition

(2) The decision of the designated jurisdiction shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.
Old section


What is the change

For a foreign support order varying a Divorce Act order to be recognized, it must be registered according to the law of the province.

Reason for the change

For a decision made in another country (a designated jurisdiction) to be recognized in Canada and have the effect of varying an order made under the Act, provincial rules with respect to the registration of foreign orders must be followed.

Provincial law provides for the registration of a foreign order, including the grounds for objecting to its registration. Provincial legislation typically provides the respondent 30 days after receiving notice of registration to apply for it to be set aside. Generally, the grounds for the non-recognition of a support order are

If there is no objection, the foreign order is registered.


March 1, 2021.