The Divorce Act Changes Explained

Official Languages

Simultaneous interpretation
(Section 23.2(2), Divorce Act)

New section

(b) the court shall, at the request of any person, provide simultaneous interpretation from one official language into the other;

Old section

None.

What is the change

At the request of any person participating in a proceeding at first instance under the Act, the court must provide simultaneous interpretation from one official language into the other.

Reason for the change

This amendment improves access to justice.

“Person” includes the parties, their legal advisers and witnesses. Legal advisers can use either official language to examine or cross-examine witnesses. A similar provision exists in Part III (Administration of Justice) of the Official Languages Act (s 15(3)) and in Part XVII (Language of the Accused) of the Criminal Code (s 530.1(f)).

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.