The Divorce Act Changes Explained

Official Languages

Judgment or order
(Section 23.2(2), Divorce Act)

New section

(e) the court shall, at the request of any party to that proceeding, make available in that party’s official language of choice any judgment or order that is rendered or made under this Act and that relates to that party.

Old section

None.

What is the change

If any party to a proceeding requests it, the court must make available any judgment or order made under the Act in the party's official language of choice.

Reason for the change

This amendment improves access to justice. Judges can decide to write their judgements or orders in the official language of their choice. They would have to provide a version in the other official language, if either party requests it. A similar provision exists in Part XVII (Language of the Accused) of the Criminal Code (s 530.1(h)).

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.