The Divorce Act Changes Explained: Part II

Appendix A – Definitions

General – Definitions

reciprocity arrangements – In the Canadian context, this refers to reciprocity established between a province or territory and a foreign State or a political subdivision of the foreign State. Common law provinces and territories establish reciprocity with other jurisdictions by making regulations pursuant to inter-jurisdictional support orders (ISO) legislation declaring those jurisdictions to be “reciprocating jurisdictions” for family support purposes. In Québec, designations are made pursuant to An Act respecting reciprocal enforcement of maintenance orders (AREMO).

Divorce Act – Definitions

creditor – means a former spouse to whom support is owed or who seeks to obtain support.

debtor – means a former spouse who owes support or from whom support is sought.

designated authority – means a person or entity that is designated by a province or territory to exercise the powers or perform the duties and functions set out in sections 18.1 to 19.1 of the Divorce Act within the province/territory.

designated jurisdiction – means a jurisdiction outside Canada — whether a country or a political subdivision of a country — that is designated under an Act that relates to the reciprocal enforcement of orders relating to support, of the province/territory in which either of the former spouses resides.

provincial child support service – means any service, agency or body designated in an agreement with a province/territory under subsection 25.01(1) or 25.1(1).

responsible authority – means a person or entity that, in a designated jurisdiction, performs functions that are similar to those performed by the designated authority under subsection 19(4).

Provincial and Territorial Inter-jurisdictional Support Orders (ISO) Legislation - Definitions

reciprocating jurisdiction – means a jurisdiction declared in the regulations made under a provincial or territorial ISO Act to be a jurisdiction with which that province or territory has reciprocity on family support matters, including establishment, variation, recognition/registration and enforcement.