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Divorce Act

Version of section 25 from 2002-12-31 to 2021-02-28:

Definition of competent authority

  •  (1) In this section, competent authority, in respect of a court, or appellate court, in a province means the body, person or group of persons ordinarily competent under the laws of that province to make rules regulating the practice and procedure in that court.

  • Marginal note:Rules

    (2) Subject to subsection (3), the competent authority may make rules applicable to any proceedings under this Act in a court, or appellate court, in a province, including, without limiting the generality of the foregoing, rules

    • (a) regulating the practice and procedure in the court, including the addition of persons as parties to the proceedings;

    • (b) respecting the conduct and disposition of any proceedings under this Act without an oral hearing;

    • (b.1) respecting the application of section 17.1 in respect of proceedings for a variation order;

    • (c) regulating the sittings of the court;

    • (d) respecting the fixing and awarding of costs;

    • (e) prescribing and regulating the duties of officers of the court;

    • (f) respecting the transfer of proceedings under this Act to or from the court; and

    • (g) prescribing and regulating any other matter considered expedient to attain the ends of justice and carry into effect the purposes and provisions of this Act.

  • Marginal note:Exercise of power

    (3) The power to make rules for a court or appellate court conferred by subsection (2) on a competent authority shall be exercised in the like manner and subject to the like terms and conditions, if any, as the power to make rules for that court conferred on that authority by the laws of the province.

  • Marginal note:Not statutory instruments

    (4) Rules made pursuant to this section by a competent authority that is not a judicial or quasi-judicial body shall be deemed not to be statutory instruments within the meaning and for the purposes of the Statutory Instruments Act.

  • R.S., 1985, c. 3 (2nd Supp.), s. 25
  • 1993, c. 8, s. 5

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