The Divorce Act Changes Explained

Proceedings Between a Province and a Designated Jurisdiction

Procedure
(Section 19(2), Divorce Act)

New section

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.

Old section

None.

What is the change

Section 19, along with the law of the province to the extent that it is not inconsistent with the Divorce Act, governs inter-jurisdictional proceedings with a designated jurisdiction.

Reason for the change

Provincial and territorial laws and procedural rules supplement the basic process for inter-jurisdictional proceedings established in the Act. The amendment sets out the substantive rules for inter-jurisdictional proceedings under the Act while permitting provincial rules to apply, as long as they are not inconsistent with the Act.

When

March 1, 2021.