The Divorce Act Changes Explained

Miscellaneous

Variation and enforcement of orders previously made
(Section 34(1), Divorce Act)

New section

The portion of subsection 34(1) of the Act before paragraph (b) is replaced by the following :

Variation and enforcement of orders previously made

34 (1) Subject to subsection (1.1), any order made under subsection 11(1) of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day under subsection 22(2) of that Act may be varied, rescinded, suspended or enforced in accordance with sections 17 to 20, other than subsection 17(10), of this Act as if

(a) the order were a support order, parenting order or contact order, as the case may be; and
Old section

Variation and enforcement of orders previously made

34 (1) Subject to subsection (1.1), any order made under subsection 11(1) of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, including any order made pursuant to section 33 of this Act, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day pursuant to subsection 22(2) of that Act may be varied, rescinded, suspended or enforced in accordance with sections 17 to 20, other than subsection 17(10), of this Act as if

(a) the order were a support order or custody order, as the case may be; and

What is the change

The amendment adds modern parenting terminology to s 34.

Reason for the change

Section 34 deals with existing orders made before the 1986 version of the Act came into force. The amendment enables the variation of orders made under the 1970 version of the Act.

When

March 1, 2021.