The Divorce Act Changes Explained

Miscellaneous

Definition of collusion
(Section 11(4), Divorce Act)

New section

Subsection 11(4) of the Act is replaced by the following:

Definition of collusion

(4) In this section, collusion means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement to the extent that it provides for separation between the parties, financial support, division of property or the exercise of parenting time or decision-making responsibility.
Old section

Definition of collusion

(4) In this section, collusion means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement to the extent that it provides for separation between the parties, financial support, division of property or the custody of any child of the marriage.

What is the change

The amendment introduces “parenting time” and “decision-making responsibility” to replace “custody” in the definition of collusion.

Reason for the change

The substance of this provision does not change. The amendment replaces the term “custody” and, to align with the English version, the French version adds the phrase “dans la mesure où elle prévoit” to the definition of collusion.

When

March 1, 2021.