GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Divorce Act — D-3.4 4
4 The competent authority may review the grounds for refusing recognition and enforcement set out in Article 22 a), c) and d) of its own motion. It may review any grounds listed in Articles 20, 22 and 23(7) c) if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article 25.
Divorce Act — D-3.4 5
5 A refusal of recognition and enforcement may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.
Divorce Act — D-3.4 6
6 Any appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.
Divorce Act — D-3.4 7
7 In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.
Divorce Act — D-3.4 1
1 An application for recognition and enforcement under Article 23 or Article 24 shall be accompanied by the following a) a complete text of the decision; b) a document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements; c) if the respondent did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law; d) where necessary, a document showing the amount of any arrears and the date such amount was calculated; e) where necessary, in the case of a decision providing for automatic adjustment by indexation, a document providing the information necessary to make the appropriate calculations; f) where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin.
Divorce Act — D-3.4 b)
b) a document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements;
Divorce Act — D-3.4 c)
c) if the respondent did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law;
Divorce Act — D-3.4 d)
d) where necessary, a document showing the amount of any arrears and the date such amount was calculated;
Divorce Act — D-3.4 e)
e) where necessary, in the case of a decision providing for automatic adjustment by indexation, a document providing the information necessary to make the appropriate calculations;
Divorce Act — D-3.4 f)
f) where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin.
Divorce Act — D-3.4 2
2 Upon a challenge or appeal under Article 23(7) c) or upon request by the competent authority in the State addressed, a complete copy of the document concerned, certified by the competent authority in the State of origin, shall be provided promptly – a) by the Central Authority of the requesting State, where the application has been made in accordance with Chapter III; b) by the applicant, where the request has been made directly to a competent authority of the State addressed.
Divorce Act — D-3.4 a)
a) by the Central Authority of the requesting State, where the application has been made in accordance with Chapter III;
Divorce Act — D-3.4 b)
b) by the applicant, where the request has been made directly to a competent authority of the State addressed.
Divorce Act — D-3.4 3
3 A Contracting State may specify in accordance with Article 57 – a) that a complete copy of the decision certified by the competent authority in the State of origin must accompany the application; b) circumstances in which it will accept, in lieu of a complete text of the decision, an abstract or extract of the decision drawn up by the competent authority of the State of origin, which may be made in the form recommended and published by the Hague Conference on Private International Law; or c) that it does not require a document stating that the requirements of Article 19(3) are met.
Divorce Act — D-3.4 a)
a) that a complete copy of the decision certified by the competent authority in the State of origin must accompany the application;
Divorce Act — D-3.4 b)
b) circumstances in which it will accept, in lieu of a complete text of the decision, an abstract or extract of the decision drawn up by the competent authority of the State of origin, which may be made in the form recommended and published by the Hague Conference on Private International Law; or
Divorce Act — D-3.4 c)
c) that it does not require a document stating that the requirements of Article 19(3) are met.
Divorce Act — D-3.4
This Chapter shall apply mutatis mutandis to an application for recognition of a decision, save that the requirement of enforceability is replaced by the requirement that the decision has effect in the State of origin.
Divorce Act — D-3.4
Any competent authority of the State addressed shall be bound by the findings of fact on which the authority of the State of origin based its jurisdiction.
Divorce Act — D-3.4
There shall be no review by any competent authority of the State addressed of the merits of a decision.
Divorce Act — D-3.4
The physical presence of the child or the applicant shall not be required in any proceedings in the State addressed under this Chapter.
Divorce Act — D-3.4 1
1 A maintenance arrangement made in a Contracting State shall be entitled to recognition and enforcement as a decision under this Chapter provided that it is enforceable as a decision in the State of origin.
Divorce Act — D-3.4 2
2 For the purpose of Article 10(1) a) and b) and (2) a), the term “decision” includes a maintenance arrangement.
Divorce Act — D-3.4 3
3 An application for recognition and enforcement of a maintenance arrangement shall be accompanied by the following – a) a complete text of the maintenance arrangement; and b) a document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin.
Divorce Act — D-3.4 a)
a) a complete text of the maintenance arrangement; and
Divorce Act — D-3.4 b)
b) a document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin.
Divorce Act — D-3.4 4
4 Recognition and enforcement of a maintenance arrangement may be refused if – a) the recognition and enforcement is manifestly incompatible with the public policy of the State addressed; b) the maintenance arrangement was obtained by fraud or falsification; c) the maintenance arrangement is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed.
Divorce Act — D-3.4 a)
a) the recognition and enforcement is manifestly incompatible with the public policy of the State addressed;
Divorce Act — D-3.4 b)
b) the maintenance arrangement was obtained by fraud or falsification;
Divorce Act — D-3.4 c)
c) the maintenance arrangement is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed.
Divorce Act — D-3.4 5
5 The provisions of this Chapter, with the exception of Articles 20, 22, 23(7) and 25(1) and (3), shall apply mutatis mutandis to the recognition and enforcement of a maintenance arrangement save that – a) a declaration or registration in accordance with Article 23(2) and (3) may be refused only on the ground set out in paragraph 4 a); b) a challenge or appeal as referred to in Article 23(6) may be founded only on the following – i) the grounds for refusing recognition and enforcement set out in paragraph 4; ii) the authenticity or integrity of any document transmitted in accordance with paragraph 3; c) as regards the procedure under Article 24(4), the competent authority may review of its own motion the ground for refusing recognition and enforcement set out in paragraph 4 a) of this Article. It may review all grounds listed in paragraph 4 of this Article and the authenticity or integrity of any document transmitted in accordance with paragraph 3 if raised by the respondent or if concerns relating to those grounds arise from the face of those documents.
Divorce Act — D-3.4 a)
a) a declaration or registration in accordance with Article 23(2) and (3) may be refused only on the ground set out in paragraph 4 a);
Divorce Act — D-3.4 b)
b) a challenge or appeal as referred to in Article 23(6) may be founded only on the following – i) the grounds for refusing recognition and enforcement set out in paragraph 4; ii) the authenticity or integrity of any document transmitted in accordance with paragraph 3;
Divorce Act — D-3.4 i)
i) the grounds for refusing recognition and enforcement set out in paragraph 4;
Divorce Act — D-3.4 ii)
ii) the authenticity or integrity of any document transmitted in accordance with paragraph 3;
Divorce Act — D-3.4 c)
c) as regards the procedure under Article 24(4), the competent authority may review of its own motion the ground for refusing recognition and enforcement set out in paragraph 4 a) of this Article. It may review all grounds listed in paragraph 4 of this Article and the authenticity or integrity of any document transmitted in accordance with paragraph 3 if raised by the respondent or if concerns relating to those grounds arise from the face of those documents.
Divorce Act — D-3.4 6
6 Proceedings for recognition and enforcement of a maintenance arrangement shall be suspended if a challenge concerning the arrangement is pending before a competent authority of a Contracting State.
Divorce Act — D-3.4 7
7 A State may declare, in accordance with Article 63, that applications for recognition and enforcement of a maintenance arrangement shall only be made through Central Authorities.
Divorce Act — D-3.4 8
8 A Contracting State may, in accordance with Article 62, reserve the right not to recognise and enforce a maintenance arrangement.
Divorce Act — D-3.4 a)
Where a decision is produced by the combined effect of a provisional order made in one State and an order by an authority in another State (“the confirming State”) confirming the provisional order – a) each of those States shall be deemed for the purposes of this Chapter to be a State of origin; b) the requirements of Article 22 e) shall be met if the respondent had proper notice of the proceedings in the confirming State and an opportunity to oppose the confirmation of the provisional order; c) the requirement of Article 20(6) that a decision be enforceable in the State of origin shall be met if the decision is enforceable in the confirming State; and d) Article 18 shall not prevent proceedings for the modification of the decision being commenced in either State.
Divorce Act — D-3.4 a)
a) each of those States shall be deemed for the purposes of this Chapter to be a State of origin;
Divorce Act — D-3.4 b)
b) the requirements of Article 22 e) shall be met if the respondent had proper notice of the proceedings in the confirming State and an opportunity to oppose the confirmation of the provisional order;
Divorce Act — D-3.4 c)
c) the requirement of Article 20(6) that a decision be enforceable in the State of origin shall be met if the decision is enforceable in the confirming State; and
Divorce Act — D-3.4 d)
d) Article 18 shall not prevent proceedings for the modification of the decision being commenced in either State.
Divorce Act — D-3.4 1
1 Subject to the provisions of this Chapter, enforcement shall take place in accordance with the law of the State addressed.
Divorce Act — D-3.4 3
3 In the case of applications through Central Authorities, where a decision has been declared enforceable or registered for enforcement under Chapter V, enforcement shall proceed without the need for further action by the applicant.
Divorce Act — D-3.4 4
4 Effect shall be given to any rules applicable in the State of origin of the decision relating to the duration of the maintenance obligation.
Divorce Act — D-3.4 5
5 Any limitation on the period for which arrears may be enforced shall be determined either by the law of the State of origin of the decision or by the law of the State addressed, whichever provides for the longer limitation period.
Divorce Act — D-3.4
The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases.
Divorce Act — D-3.4 1
1 Contracting States shall make available in internal law effective measures to enforce decisions under this Convention.
Divorce Act — D-3.4 2
2 Such measures may include – a) wage withholding; b) garnishment from bank accounts and other sources; c) deductions from social security payments; d) lien on or forced sale of property; e) tax refund withholding; f) withholding or attachment of pension benefits; g) credit bureau reporting; h) denial, suspension or revocation of various licenses (for example, driving licenses); i) the use of mediation, conciliation or similar processes to bring about voluntary compliance.
Divorce Act — D-3.4 b)
b) garnishment from bank accounts and other sources;
Divorce Act — D-3.4 c)
c) deductions from social security payments;
Divorce Act — D-3.4 f)
f) withholding or attachment of pension benefits;
Divorce Act — D-3.4 h)
h) denial, suspension or revocation of various licenses (for example, driving licenses);
Divorce Act — D-3.4 i)
i) the use of mediation, conciliation or similar processes to bring about voluntary compliance.
Divorce Act — D-3.4 1
1 Contracting States are encouraged to promote, including by means of international agreements, the use of the most cost-effective and efficient methods available to transfer funds payable as maintenance.
Divorce Act — D-3.4 2
2 A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.
Divorce Act — D-3.4 1
1 For the purposes of applications for recognition and enforcement under Article 10(1) a) and b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance.
Divorce Act — D-3.4 2
2 The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject.
Divorce Act — D-3.4 3
3 A public body may seek recognition or claim enforcement of – a) a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance; b) a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.
Divorce Act — D-3.4 a)
a) a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;
Divorce Act — D-3.4 b)
b) a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.
Divorce Act — D-3.4 4
4 The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.
Divorce Act — D-3.4 1
1 The Convention shall not exclude the possibility of recourse to such procedures as may be available under the internal law of a Contracting State allowing a person (an applicant) to seize directly a competent authority of that State in a matter governed by the Convention including, subject to Article 18, for the purpose of having a maintenance decision established or modified.
Divorce Act — D-3.4 2
2 Articles 14(5) and 17 b) and the provisions of Chapters V, VI, VII and this Chapter, with the exception of Articles 40(2), 42, 43(3), 44(3), 45 and 55, shall apply in relation to a request for recognition and enforcement made directly to a competent authority in a Contracting State.
Divorce Act — D-3.4 3
3 For the purpose of paragraph 2, Article 2(1) a) shall apply to a decision granting maintenance to a vulnerable person over the age specified in that sub-paragraph where such decision was rendered before the person reached that age and provided for maintenance beyond that age by reason of the impairment.
Divorce Act — D-3.4
Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.
Divorce Act — D-3.4
Any authority processing information shall ensure its confidentiality in accordance with the law of its State.
Divorce Act — D-3.4 1
1 An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person.
Divorce Act — D-3.4 2
2 A determination to this effect made by one Central Authority shall be taken into account by another Central Authority, in particular in cases of family violence.
Divorce Act — D-3.4 3
3 Nothing in this Article shall impede the gathering and transmitting of information by and between authorities in so far as necessary to carry out the obligations under the Convention.
Divorce Act — D-3.4
No legalisation or similar formality may be required in the context of this Convention.
Divorce Act — D-3.4
The Central Authority of the requested State may require a power of attorney from the applicant only if it acts on his or her behalf in judicial proceedings or before other authorities, or in order to designate a representative so to act.
Divorce Act — D-3.4 1
1 Recovery of any costs incurred in the application of this Convention shall not take precedence over the recovery of maintenance.
Divorce Act — D-3.4 2
2 A State may recover costs from an unsuccessful party.
Divorce Act — D-3.4 3
3 For the purposes of an application under Article 10(1) b) to recover costs from an unsuccessful party in accordance with paragraph 2, the term “creditor” in Article 10(1) shall include a State.
Divorce Act — D-3.4 4
4 This Article shall be without prejudice to Article 8.
Divorce Act — D-3.4 1
1 Any application and related documents shall be in the original language, and shall be accompanied by a translation into an official language of the requested State or another language which the requested State has indicated, by way of declaration in accordance with Article 63, it will accept, unless the competent authority of that State dispenses with translation.
Divorce Act — D-3.4 2
2 A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents in one of those languages shall, by declaration in accordance with Article 63, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory.
Divorce Act — D-3.4 3
3 Unless otherwise agreed by the Central Authorities, any other communications between such Authorities shall be in an official language of the requested State or in either English or French. However a Contracting State may, by making a reservation in accordance with Article 62, object to the use of either English or French.
Divorce Act — D-3.4 1
1 In the case of applications under Chapter III, the Central Authorities may agree in an individual case or generally that the translation into an official language of the requested State may be made in the requested State from the original language or from any other agreed language. If there is no agreement and it is not possible for the requesting Central Authority to comply with the requirements of Article 44(1) and (2), then the application and related documents may be transmitted with translation into English or French for further translation into an official language of the requested State.
Divorce Act — D-3.4 2
2 The cost of translation arising from the application of paragraph 1 shall be borne by the requesting State unless otherwise agreed by Central Authorities of the States concerned.
Divorce Act — D-3.4 3
3 Notwithstanding Article 8, the requesting Central Authority may charge an applicant for the costs of translation of an application and related documents, except in so far as those costs may be covered by its system of legal assistance.
Divorce Act — D-3.4 1
1 In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units a) any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit; b) any reference to a decision established, recognised, recognised and enforced, enforced or modified in that State shall be construed as referring, where appropriate, to a decision established, recognised, recognised and enforced, enforced or modified in the relevant territorial unit; c) any reference to a judicial or administrative authority in that State shall be construed as referring, where appropriate, to a judicial or administrative authority in the relevant territorial unit; d) any reference to competent authorities, public bodies, and other bodies of that State, other than Central Authorities, shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial unit; e) any reference to residence or habitual residence in that State shall be construed as referring, where appropriate, to residence or habitual residence in the relevant territorial unit; f) any reference to location of assets in that State shall be construed as referring, where appropriate, to the location of assets in the relevant territorial unit; g) any reference to a reciprocity arrangement in force in a State shall be construed as referring, where appropriate, to a reciprocity arrangement in force in the relevant territorial unit; h) any reference to free legal assistance in that State shall be construed as referring, where appropriate, to free legal assistance in the relevant territorial unit; i) any reference to a maintenance arrangement made in a State shall be construed as referring, where appropriate, to a maintenance arrangement made in the relevant territorial unit; j) any reference to recovery of costs by a State shall be construed as referring, where appropriate, to the recovery of costs by the relevant territorial unit.
Divorce Act — D-3.4 a)
a) any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;
Divorce Act — D-3.4 b)
b) any reference to a decision established, recognised, recognised and enforced, enforced or modified in that State shall be construed as referring, where appropriate, to a decision established, recognised, recognised and enforced, enforced or modified in the relevant territorial unit;