Divorce Act

Marginal note:If applicant resides in designated jurisdiction

• 19 (1) A former spouse who is resident in a designated jurisdiction may, without notice to the other former spouse,

  • (a) commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or

  • (b) request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service.

• Marginal note:Procedure

  (2) A proceeding referred to in paragraph (1)(a) shall be governed by this section and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act.

• Marginal note:Application

  (3) For the purposes of subsection (1), a former spouse shall submit, through the responsible authority in the designated jurisdiction, an application to the designated authority of the province in which the applicant believes the respondent is habitually resident.

• Marginal note:Sending application to competent authority in respondent’s province

  (4) After reviewing the application and ensuring that it is complete, the designated authority referred to in subsection (3) shall send it to the competent authority in its province.

• Marginal note:Provincial child support service

  (5) If the competent authority is a provincial child support service, the amount of child support shall be calculated or recalculated in accordance with section 25.01 or 25.1, as the case may be.

• Marginal note:Service on respondent by court

  (6) If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s obligation to provide documents or information as required by the applicable law.

• Marginal note:Service not possible — returned application

  (7) If the court or authorized person was unable to serve the documents under subsection (6), they shall return the application to the designated authority referred to in subsection (3).

• Marginal note:Return of application to responsible authority

  (8) The designated authority shall return the application to the responsible authority in the designated jurisdiction.

• Marginal note:Applicant need not be served

  (9) Service of the notice and documents or information referred to in subsection (6) on the applicant is not required.

• Marginal note:Adjournment of proceeding

  (10) If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order.

• Marginal note:Request for further evidence

  (11) If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the responsible authority in the designated jurisdiction in order to obtain the evidence.

• Marginal note:Dismissal of application

  (12) If the further evidence required under subsection (11) is not received by the court within 12 months after the day on which the court makes the request to the designated authority, the court may dismiss the application referred to in subsection (3) and terminate the interim order. The dismissal of the application does not preclude the applicant from making a new application.

• Marginal note:Order

  (13) The court may, on the basis of the evidence and the submissions of the former spouses, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively.

• Marginal note:Provisional order

  (14) For greater certainty, if an application under paragraph (1)(a) contains a provisional order that was made in the designated jurisdiction and does not have legal effect in Canada, the court may take the provisional order into consideration but is not bound by it.

• Marginal note:Application of certain provisions

  (15) Subsections 15.1(3) to (8) and 15.2(3) to (6), section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (13).

• Marginal note:Broad interpretation of documents

  (16) For greater certainty, if a court receives a document under this section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad interpretation to the document for the purpose of giving effect to it.