The Divorce Act Changes Explained

Miscellaneous

Canada Evidence Act
(Section 23(2), Divorce Act)

New section

Subsection 23(2) of the Act is replaced by the following:

Canada Evidence Act

(2) The Canada Evidence Act applies in respect of a proceeding before the Federal Court to determine, under subsection 3(3), 4(3), 5(3) or 6.2(3), which court retains jurisdiction.
Old section

Presumption

(2) For the purposes of this section, where any proceedings are transferred to the Federal Court under subsection 3(3) or 5(3), the proceedings shall be deemed to have been taken in the province specified in the direction of the Court to be the province with which both spouses or former spouses, as the case may be, are or have been most substantially connected.

What is the change

The Canada Evidence Act applies when the Federal Court makes a determination of which superior court retains jurisdiction when two applications related to the same matter (divorce, corollary relief or variation) are started on the same day.

Reason for the change

The amendment clarifies which rules of evidence are used in the rare situation that the same parties begin two applications on the same day.

When

March 1, 2021.