The Divorce Act Changes Explained

Miscellaneous

Replacing "ordinarily" with "habitually"
(Sections 2(1), 3(1), 4(1)(a) and 5(1)(a), Divorce Act)

New section

The English version of the Act is amended by replacing “ordinarily” with “habitually” in the following provisions:

(a) the definition age of majority in subsection 2(1);

(b) subsection 3(1);

(c) paragraph 4(1)(a); and

(d) paragraph 5(1)(a).
Old section

Definitions

2(1) In this Act,

age of majority, in respect of a child, means the age of majority as determined by the laws of the province where the child ordinarily resides, or, if the child ordinarily resides outside of Canada, eighteen years of age; (majeur)

Jurisdiction in divorce proceedings

3 (1) A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.

Jurisdiction in corollary relief proceedings

4 (1) A court in a province has jurisdiction to hear and determine a corollary relief proceeding if

(a) either former spouse is ordinarily resident in the province at the commencement of the proceeding; or

Jurisdiction in variation proceedings

5 (1) A court in a province has jurisdiction to hear and determine a variation proceeding if

(a) either former spouse is ordinarily resident in the province at the commencement of the proceeding; or

What is the change

The amendment replaces the term “ordinarily” with “habitually” in the English version of the Act in the definition of age of majority in s 2(1), and in ss 3(1), 4(1)(a) and 5(1)(a).

Reason for the change

The change aligns the English and French versions of the Act. In the corresponding sections, the French version uses “réside habituellement.” Many provincial and territorial statutes also include “habitually resident” in relation to jurisdiction for parenting matters. The 1996 Convention also uses the term. Case law indicates no practical difference in meaning between “ordinarily resident” and “habitually resident.”

When

March 1, 2021.