The Divorce Act Changes Explained

Proceedings Between a Province and a Designated Jurisdiction

Dismissal of application
(Section 19(12), Divorce Act)

New section

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.
Old section

None.

What is the change

If the court has not received the requested evidence after 12 months of its request to the designated authority, it can dismiss the application and terminate the interim order. The applicant may, however, commence a new application.

Reason for the change

This amendment aims to improve efficiency by requiring that the applicant provide requested evidence in a timely manner. Without this provision, interim orders under the inter-jurisdictional process, which are meant to be temporary, could be in place for long periods of time. The ability to commence a new application is included to ensure that the applicant continues to have the ability to bring a new application for support.

When

March 1, 2021.