The Divorce Act Changes Explained

Official Languages

Right to request a transcript or recording
(Section 23.2(2), Divorce Act)

New section

(d) any party to that proceeding has the right to request a transcript or recording, as the case may be, of

  1. what was said during that proceeding in the official language in which it was said, if what was said was taken down by a stenographer or a sound recording apparatus, and
  2. any interpretation into the other official language of what was said; and
Old section

None.

What is the change

Any party to a proceeding can request a transcript or recording of the proceeding in the official language in which it was held if a stenographer or a sound-recording apparatus was used. The parties also have the right to request a transcript or recording of any interpretation in the other official language.

Reason for the change

This amendment improves access to justice. A similar provision exists under Part XVII (Language of the Accused) of the Criminal Code (s 530.1(g)).

When

The change will come into force by Order in Council. In force in Manitoba, Yukon and Nunavut, as of March 1, 2021. In force in Ontario and Saskatchewan, as of February 1, 2022. In force in British Columbia, as of December 1, 2024.