The Divorce Act Changes Explained

Official Languages

Language rights
Right to use either official language
(Section 23.2(2), Divorce Act)

New section

Language rights

(2) In any proceeding under this Act,

(a) any person has the right to use either official language, including to

  1. file pleadings or other documents,
  2. give evidence, or
  3. make submissions;
Old section

None.

What is the change

The amendment guarantees the basic right of any person to use the official language of their choice in any proceeding under the Divorce Act including to file pleadings or other documents, give evidence or make submissions.

Reason for the change

This amendment allows any person participating in any proceeding at first instance under the Act (e.g., parties; witnesses; legal advisors) to use the official language of their choice.

Under the provision, a person could file pleadings and other documents, such as an expert report, in either official language. A person could also give evidence (i.e., testify) and make submissions in either official language in proceedings at first instance.

When

The change will come into force by Order in Council. In force in Manitoba, Yukon and Nunavut, as of March 1, 2021. In force in Ontario and Saskatchewan, as of February 1, 2022. In force in British Columbia, as of December 1, 2024.