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DIVORCE ACTCentral Registry of Divorce Proceedings RegulationsRegulations Respecting the Establishment and Operation of a Central Registry of Divorce Proceedings in CanadaP.C.1986-130019865

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 26(1) of the Divorce Act, 1985*, is pleased hereby to revoke the Divorce Regulations, C.R.C., c. 557, and to make the annexed Regulations respecting the establishment and operation of a central registry of divorce proceedings in Canada, in substitution therefor, effective June 1, 1986.*S.C. 1986, c. 4SHORT TITLE

1.These Regulations may be cited as the Central Registry of Divorce Proceedings Regulations.

INTERPRETATION

2.In these Regulations,Act means the Divorce Act, 1985; (Loi)application for divorce means an application referred to in subsection 8(1) of the Act; (demande de divorce)central registry means the central registry of divorce proceedings established under subsection 3(1); (Bureau d’enregistrement)registrar means the chief administrative officer of a court and includes the registrar, prothonotary or clerk of the court; (greffier)registration form means the form entitled “Registration of Divorce Proceeding” set out in the schedule. (formulaire d’enregistrement)

• SOR/2005-318, s. 1.

ESTABLISHMENT OF CENTRAL REGISTRY

3.(1)A central registry of divorce proceedings is hereby established and shall be located in the city of Ottawa in the Province of Ontario.(2)A record of pending divorce proceedings in Canada shall be maintained in the central registry and shall consist of the information contained in the registration forms that are received at the central registry.

• SOR/2005-318, s. 2(E).

OPERATION OF CENTRAL REGISTRY

4.On the day that an application for divorce is filed, the registrar of the court in which the application is filed shall, on receipt of the fee prescribed in the Central Registry of Divorce Proceedings Fee Order(a)assign to the application a number, to be known as a divorce registry number, that next follows in sequence the number assigned to the last preceding application for divorce filed in that court; and(b)in respect of the application, complete Part 1 of the registration form and send it to the central registry by mail or electronic means.

• SOR/2005-318, s. 3.

5.(1)On receipt of Part 1 of a registration form sent pursuant to section 4, an officer of the central registry shall(a)check if the divorce registry number of the form is in the numerical sequence and if not, advise the appropriate registrar thereof, in writing, and request that within seven days thereafter the central registry be(i)informed of the reason for the lack of numerical sequence, or(ii)provided with the missing form or forms; and(b)enter the information contained in the registration form in the record referred to in subsection 3(2).(2)Where the record referred to in subsection 3(2), indicates that two divorce proceedings are pending between the spouses referred to in a registration form, an officer of the central registry shall send written notification to that effect, including the information contained in the record in respect of those proceedings(a)to the registrar of each court in which the applications for a divorce have been filed by the spouses, where the applications were not filed on the same day; or(b)to the registrar of each court in which the applications for a divorce have been filed by the spouses and the Registry of the Federal Court, where the applications were filed on the same day.(3)Where the record, referred to in subsection 3(2) indicates that no other divorce proceedings are pending between the spouses referred to in a registration form, an officer of the central registry shall send written notification to that effect to the registrar of the court in which the application for divorce has been filed.(4)A notification referred to in subsections (2) and (3) may be in the form of an endorsement on the relevant registration form, on a separate notice, or in electronic form.(5)A notification referred to in subsection (3) is valid for a period of six years beginning on the day on which it is sent.(6)If the divorce proceeding has not been discontinued or dismissed or if no judgment granting the divorce in respect of the divorce proceeding has taken effect, the central registry, on the request of the appropriate registrar, shall renew the notification referred to in subsection (3) and send the renewal of the notification to the appropriate registrar.(7)Any renewal of a notification referred to in subsection (3) may be in the form of an endorsement on the registration form, on a separate notice or in electronic form and is valid for a period of six years beginning on the day on which it is sent.

• SOR/2005-318, s. 4;
• SOR/2011-59, s. 1.

Previous Version

6.On receipt of a notification pursuant to subsection 5(2) or (3), a registrar of a court shall(a)place the notification with the relevant application for divorce; and(b)where two divorce proceedings are pending between the spouses referred to in the notification, inform the spouse who filed the application for divorce in the court of the other application.

7.Within seven days after the discontinuance of a divorce proceeding or the taking effect of the dismissal or judgment in respect of a divorce proceeding, the appropriate registrar shall complete Part 2 of the registration form and send it to the central registry by mail or electronic means.

• SOR/2005-318, s. 5.

8.On receipt of Part 2 of a registration form sent pursuant to section 7, an officer of the central registry shall enter the information contained in the registration form into the record that is maintained under subsection 3(2).

• SOR/2005-318, s. 5.

9.For the sole purpose of record keeping by the central registry, a divorce proceeding shall be presumed, in the absence of evidence to the contrary, to be discontinued, if the central registry does not receive Part 2 of the registration form or any request for renewal of the notification, by the end of the six-year period referred to in subsection 5(5) or (7).

• SOR/2011-59, s. 2.

SCHEDULE(Section 6)Registration of Divorce Proceeding formContinued Registration of Divorce Proceeding form

• SOR/2005-318, s. 6.