The Divorce Act Changes Explained: Part II
Appendix C
Fig. 1 provides four new definitions introduced by former Bill C-78 that apply to the inter-jurisdictional support process of the Divorce Act, and Fig. 2 provides a sketch of conversion applications under former Bill C-78
Fig. 1 Definitions specific to the Inter-jurisdictional support process: former Bill C-78
Competent authority
“Means a court that has the authority to make an order or another entity that has the authority to make a decision with respect to support under the Divorce Act.”
Designated authority
“Means a person or entity that is designated by a province or territory to exercise the powers or perform the duties and functions set out in sections 18.1 to 19.1 within the province or territory.”
Designated jurisdiction
“Means a jurisdiction outside Canada – whether a country or a political subdivision of a country – that is designated under an Act that relates to the reciprocal enforcement of orders relating to support, of the province or territory in which either of former spouses resides.”
Responsible authority
“Means a person or entity that, in a designated jurisdiction, performs functions that are similar to those performed by the designated authority under subsection 19(4).”
Fig. 2 Conversion Applications: former Bill C-78 – Manitoba example

Fig. 2 Conversion Applications: former Bill C-78 – Manitoba example - Text version
This flow chart shows the process for conversion applications under former Bill C-78 using a Manitoba example.
A Manitoba Applicant files an application to vary with the Court of King’s Bench of Manitoba and serves a Respondent in another province or territory. The Application can either seek to vary support only or seek to vary support and parenting (custody/access).
Application seeks to vary support only
When an application seeks to vary support only, there are two options:
- Respondent requests conversion within 40 days
- Conversion is automatic upon request. Court must send application documents to Manitoba designated authority (Family Law Section)
- Manitoba designated authority sends the application to designated authority in Respondent’s province as if it was an ISO-like application under ss. 18.1(3) Divorce Act
- Respondent does not request conversion AND does not file a Notice of Opposition to vary
- Manitoba court must hear & determine the variation application if it is satisfied that it has sufficient evidence
- Before the MB court hears and determines the variation application, it must consider whether there is an order assignee (in Canada) and whether the order assignee received notice of the application and did not request conversion.
- If not satisfied of sufficient evidence, Manitoba court may direct that the application be considered as an application under ss. 18.1(3) Divorce Act
- Manitoba designated authority sends the application to designated authority in Respondent’s province as if it was an ISO-like application under ss. 18.1(3) Divorce Act
- Manitoba court must hear & determine the variation application if it is satisfied that it has sufficient evidence
Application seeks to vary support and parenting (custody/access)
- Respondent requests conversion of support variation aspect within 40 days
- The court must consider whether it is appropriate to direct that the support aspect of the variation application be considered as an application under ss. 18.1(3) Divorce Act
- If appropriate, Manitoba court may direct that the application be considered as an application under ss. 18.1(3) Divorce Act
- Manitoba designated authority sends the application to designated authority in Respondent’s province as if it was an ISO-like application under ss. 18.1(3) Divorce Act
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