The Divorce Act Changes Explained
Recognition of Decision of designated Jurisdiction
Registration and recognition
(Section 19.1(2), Divorce Act)
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.None.
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
- a party to the order did not have proper notice or a reasonable opportunity to be heard
- the foreign order is contrary to the public policy of the province
- the court that made the foreign order did not have jurisdiction to make the order
If there is no objection, the foreign order is registered.
When
March 1, 2021.
- Date modified: