GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Divorce Act — D-3.4 16.93
Burden of proof — person who intends to relocate child 16.93 (1) If the parties to the proceeding substantially comply with an order, arbitral award, or agreement that provides that a child of the marriage spend substantially equal time in the care of each party, the party who intends to relocate the child has the burden of proving that the relocation would be in the best interests of the child. Burden of proof — person who objects to relocation (2) If the parties to the proceeding substantially comply with an order, arbitral award or agreement that provides that a child of the marriage spends the vast majority of their time in the care of the party who intends to relocate the child, the party opposing the relocation has the burden of proving that the relocation would not be in the best interests of the child. Burden of proof — other cases (3) In any other case, the parties to the proceeding have the burden of proving whether the relocation is in the best interests of the child. 2019, c. 16, s. 12
Divorce Act — D-3.4 16.94
Power of court — interim order 16.94 A court may decide not to apply subsections 16.93(1) and (2) if the order referred to in those subsections is an interim order. 2019, c. 16, s. 12
Divorce Act — D-3.4 16.95
Costs relating to exercise of parenting time 16.95 If a court authorizes the relocation of a child of the marriage, it may provide for the apportionment of costs relating to the exercise of parenting time by a person who is not relocating between that person and the person who is relocating the child. 2019, c. 16, s. 12
Divorce Act — D-3.4 16.96
Notice — persons with contact 16.96 (1) A person who has contact with a child of the marriage under a contact order shall notify, in writing, any person with parenting time or decision-making responsibility in respect of that child of their intention to change their place of residence, the date on which the change is expected to occur, the address of their new place of residence and their contact information. Notice — significant impact (2) If the change is likely to have a significant impact on the child’s relationship with the person, the notice shall be given at least 60 days before the change in place of residence, in the form prescribed by the regulations, and shall set out, in addition to the information required in subsection (1), a proposal as to how contact could be exercised in light of the change and any other information prescribed by the regulations. Exception (3) Despite subsections (1) and (2), the court may, on application, order that the requirements in those subsections, or in the regulations made for the purposes of those subsections, do not apply or modify them, if the court is of the opinion that it is appropriate to do so, including where there is a risk of family violence. Application without notice (4) An application referred to in subsection (3) may be made without notice to any other party. 2019, c. 16, s. 12
Divorce Act — D-3.4 18
Definitions 18 The following definitions apply in this section and in sections 18.1 to 19.1. 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 this Act. ( autorité compétente ) designated authority means a person or entity that is designated by a province to exercise the powers or perform the duties and functions set out in sections 18.1 to 19.1 within the province. ( autorité désignée ) 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 in which either of the former spouses resides. ( État désigné ) 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). ( autorité responsable ) R.S., 1985, c. 3 (2nd Supp.), s. 18; 1993, c. 8, s. 3, c. 28, s. 78; 2002, c. 7, s. 159; 2014, c. 2, s. 33 2019, c. 16, s. 14
Divorce Act — D-3.4
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 this Act. ( autorité compétente )
Divorce Act — D-3.4
designated authority means a person or entity that is designated by a province to exercise the powers or perform the duties and functions set out in sections 18.1 to 19.1 within the province. ( autorité désignée )
Divorce Act — D-3.4
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 in which either of the former spouses resides. ( État désigné )
Divorce Act — D-3.4
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). ( autorité responsable )
Divorce Act — D-3.4 18.1
Order (15) The court may, on the basis of the evidence and the submissions of the former spouses, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively. Application of certain provisions (16) Subsections 15.1(3) to (8) and 15.2(3) to (6), section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (15). Broad interpretation of documents (17) For greater certainty, if a court receives a document under this section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad interpretation to the document for the purpose of giving effect to it. 2019, c. 16, s. 14
Divorce Act — D-3.4 18.2
Application to court 18.2 (1) If an application is made to a court in a province under paragraph 17(1)(a) for a variation order in respect of a support order and the respondent habitually resides in a different province, the respondent may, within 40 days after being served with the application, request that the court convert the application into an application under subsection 18.1(3). Conversion and sending of application (2) Subject to subsection (3) and despite section 5, the court that receives the request shall direct that the application made under paragraph 17(1)(a), along with the evidence in support of it, be considered as an application under subsection 18.1(3), and shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made. Exception (3) If the application under paragraph 17(1)(a) is accompanied by an application under paragraph 17(1)(b) for a variation order in respect of a parenting order, the court that receives the request shall issue the direction referred to in subsection (2) only if it considers it appropriate to do so in the circumstances. Application of certain provisions (4) Once the designated authority receives the copy of the application under subsection (2), subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of that application. 2019, c. 16, s. 14
Divorce Act — D-3.4 18.3
No action by respondent 18.3 (1) If an application is made to a court in a province under paragraph 17(1)(a) for a variation order in respect of a support order, the respondent habitually resides in a different province and the respondent does not file an answer to the application or request a conversion under subsection 18.2(1), the court to which the application was made (a) shall hear and determine the application in accordance with section 17 in the respondent’s absence, if it is satisfied that there is sufficient evidence to do so; or (b) if it is not so satisfied, may direct, despite section 5, that the application, along with the evidence in support of it, be considered as an application under subsection 18.1(3), in which case it shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made. Assignment of support order (2) Before the court hears and determines an application under paragraph (1)(a), the court shall take into consideration (a) whether the support order has been assigned under subsection 20.1(1); and (b) if the support order has been assigned, whether the order assignee received notice of the application and did not request a conversion under subsection 18.2(1). Application of certain provisions (3) If paragraph (1)(b) applies, then subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of the application. 2019, c. 16, s. 14
Divorce Act — D-3.4 19
 (1)(a) contains a provisional order that was made in the designated jurisdiction and does not have legal effect in Canada, the court may take the provisional order into consideration but is not bound by it. Application of certain provisions (15) Subsections 15.1(3) to (8) and 15.2(3) to (6), section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (13). Broad interpretation of documents (16) For greater certainty, if a court receives a document under this section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad interpretation to the document for the purpose of giving effect to it. R.S., 1985, c. 3 (2nd Supp.), s. 19; 1993, c. 8, s. 4; 1997, c. 1, s. 7 2019, c. 16, s. 14
Divorce Act — D-3.4 19.1
Recognition of decision of designated jurisdiction varying support order 19.1 (1) A former spouse who is resident in a designated jurisdiction may, through the responsible authority in the designated jurisdiction, make an application to the designated authority of the province in which the respondent habitually resides for recognition and, if applicable, for enforcement, of a decision of the designated jurisdiction that has the effect of varying a support order. Registration and recognition (2) The decision of the designated jurisdiction shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision. Enforcement (3) A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada. 2019, c. 16, s. 14
Divorce Act — D-3.4 20
Definition of court 20 (1) In this section, court , in respect of a province, has the meaning assigned by subsection 2(1) and includes such other court having jurisdiction in the province as is designated by the Lieutenant Governor in Council of the province as a court for the purposes of this section. Legal effect of orders and decisions throughout Canada (2) An order made under this Act in respect of support, parenting time, decision-making responsibility or contact and a provincial child support service decision that calculates or recalculates the amount of child support under section 25.01 or 25.1 have legal effect throughout Canada. Enforcement (3) An order or decision that has legal effect throughout Canada under subsection (2) may be (a) registered in any court in a province and enforced in like manner as an order of that court; or (b) enforced in a province in any other manner provided for by the laws of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada. Variation of orders (4) Notwithstanding subsection (3), a court may only vary an order that has legal effect throughout Canada pursuant to subsection (2) in accordance with this Act. R.S., 1985, c. 3 (2nd Supp.), s. 20; 1997, c. 1, s. 8 2019, c. 16, s. 15
Divorce Act — D-3.4 20.1
Assignment of order 20.1 (1) A support order may be assigned to (a) any minister of the Crown for Canada designated by the Governor in Council; (b) any minister of the Crown for a province, or any agency in a province, designated by the Lieutenant Governor in Council of the province; (c) any member of the Legislative Assembly of Yukon, or any agency in Yukon, designated by the Commissioner of Yukon; (d) any member of the Legislative Assembly of the Northwest Territories, or any agency in the Northwest Territories, designated by the Commissioner of the Northwest Territories; (e) any member of the Legislative Assembly of Nunavut, or any agency in Nunavut, designated by the Commissioner of Nunavut; or (f) a public body referred to in Article 36 of the 2007 Convention , as defined in section 28. Rights (2) A minister, member or agency referred to in subsection (1) to whom an order is assigned is entitled to the payments due under the order, and has the same right to be notified of, and to participate in, proceedings under this Act to vary, rescind, suspend or enforce the order as the person who would otherwise be entitled to the payments. Rights — public body (3) A public body referred to in paragraph (1)(f) to whom a decision of a State Party that has the effect of varying a child support order has been assigned is entitled to the payments due under the decision, and has the same right to participate in proceedings under this Act, to recognize and enforce the decision or if the recognition of this decision is not possible, to obtain a variation order, as the person who would otherwise be entitled to the payments. Definition of State Party (4) For the purpose of subsection (3), State Party has the same meaning as in section 28. 1993, c. 28, s. 78; 1997, c. 1, s. 9; 1998, c. 15, s. 23; 2002, c. 7, s. 160; 2014, c. 2, s. 34 2019, c. 16, s. 16
Divorce Act — D-3.4 21
Appeal to appellate court 21 (1) Subject to subsections (2) and (3), an appeal lies to the appellate court from any judgment or order, whether final or interim, rendered or made by a court under this Act. Restriction on divorce appeals (2) No appeal lies from a judgment granting a divorce on or after the day on which the divorce takes effect. Restriction on order appeals (3) No appeal lies from an order made under this Act more than thirty days after the day on which the order was made. Extension (4) An appellate court or a judge thereof may, on special grounds, either before or after the expiration of the time fixed by subsection (3) for instituting an appeal, by order extend that time. Powers of appellate court (5) The appellate court may (a) dismiss the appeal; or (b) allow the appeal and (i) render the judgment or make the order that ought to have been rendered or made, including such order or such further or other order as it deems just, or (ii) order a new hearing where it deems it necessary to do so to correct a substantial wrong or miscarriage of justice. Procedure on appeals (6) Except as otherwise provided by this Act or the rules or regulations, an appeal under this section shall be asserted, heard and decided according to the ordinary procedure governing appeals to the appellate court from the court rendering the judgment or making the order being appealed.
Divorce Act — D-3.4 22
Recognition of foreign divorce 22 (1) A divorce granted, on or after the coming into force of this Act, by a competent authority shall be recognized for the purpose of determining the marital status in Canada of any person, if either former spouse was habitually resident in the country or subdivision of the competent authority for at least one year immediately preceding the commencement of proceedings for the divorce. Recognition of foreign divorce (2) A divorce granted after July 1, 1968 by a competent authority, on the basis of the domicile of the wife in the country or subdivision of the competent authority, determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for the purpose of determining the marital status in Canada of any person. Other recognition rules preserved (3) Nothing in this section abrogates or derogates from any other rule of law respecting the recognition of divorces granted otherwise than under this Act. R.S., 1985, c. 3 (2nd Supp.), s. 22 2019, c. 16, s. 18
Divorce Act — D-3.4 22.1
Recognition of foreign order that varies parenting or contact order 22.1 (1) On application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless (a) the child concerned is not habitually resident in the country other than Canada in which the competent authority is located or that competent authority of that other country would not have had jurisdiction if it applied substantially equivalent rules related to the jurisdiction as those that are set out in section 6.3; (b) the decision was made, except in an urgent case, without the child having been provided with the opportunity to be heard, in violation of fundamental principles of procedure of the province; (c) a person claims that the decision negatively affects the exercise of their parenting time or decision-making responsibility or contact under a contact order, and the decision was made, except in an urgent case, without the person having been given an opportunity to be heard; (d) recognition of the decision would be manifestly contrary to public policy, taking into consideration the best interests of the child; or (e) the decision is incompatible with a later decision that fulfils the requirements for recognition under this section. Effect of recognition (2) The court’s decision recognizing the competent authority’s decision is deemed to be an order made under section 17 and has legal effect throughout Canada. Effect of non-recognition (3) The court’s decision refusing to recognize the competent authority’s decision has legal effect throughout Canada. 2019, c. 16, s. 19
Divorce Act — D-3.4 23
Provincial laws of evidence 23 (1) Subject to this or any other Act of Parliament, the laws of evidence of the province in which any proceedings under this Act are taken, including the laws of proof of service of any document, apply to such proceedings. 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. R.S., 1985, c. 3 (2nd Supp.), s. 23; 2002, c. 8, s. 183 2019, c. 16, s. 21
Divorce Act — D-3.4 23.1
Means of presenting submissions 23.1 If the parties to a proceeding are habitually resident in different provinces, a court of competent jurisdiction may, in accordance with any applicable rules regulating the practice and procedure in that court, make an order on the basis of the evidence and the submissions of the parties, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court. 2019, c. 16, s. 22
Divorce Act — D-3.4 23.2
Official languages 23.2 (1) A proceeding under this Act may be conducted in English or French, or in both official languages of Canada. Language rights (2) In any proceeding under this Act, (a) any person has the right to use either official language, including to (i) file pleadings or other documents, (ii) give evidence, or (iii) make submissions; (b) the court shall, at the request of any person, provide simultaneous interpretation from one official language into the other; (c) any party to that proceeding has the right to a judge who speaks the same official language as that party or both official languages, as the case may be; (d) any party to that proceeding has the right to request a transcript or recording, as the case may be, of (i) what was said during that proceeding in the official language in which it was said, if what was said was taken down by a stenographer or a sound recording apparatus, and (ii) any interpretation into the other official language of what was said; and (e) the court shall, at the request of any party to that proceeding, make available in that party’s official language of choice any judgment or order that is rendered or made under this Act and that relates to that party. Original version prevails (3) In the case of a discrepancy between the original version of a document referred to in paragraph (2)(a) or (e) and the translated text, the original version shall prevail. Court forms (4) The court forms relating to any proceedings under this Act shall be made available in both official languages. 2019, c. 16, s. 22.1
Divorce Act — D-3.4 24
Proof of signature or office 24 A document offered in a proceeding under this Act that purports to be certified or sworn by a judge or an officer of a court shall, unless the contrary is proved, be proof of the appointment, signature or authority of the judge or officer and, in the case of a document purporting to be sworn, of the appointment, signature or authority of the person before whom the document purports to be sworn.
Divorce Act — D-3.4 25
Definition of competent authority 25 (1) In this section, competent authority , in respect of a court, or appellate court, in a province means the body, person or group of persons ordinarily competent under the laws of that province to make rules regulating the practice and procedure in that court. Rules (2) Subject to subsection (3), the competent authority may make rules applicable to any proceedings under this Act in a court, or appellate court, in a province, including, without limiting the generality of the foregoing, rules (a) regulating the practice and procedure in the court, including the addition of persons as parties to the proceedings; (b) respecting the conduct and disposition of any proceedings under this Act without an oral hearing; (b.1) respecting the application of section 23.1; (c) regulating the sittings of the court; (d) respecting the fixing and awarding of costs; (e) prescribing and regulating the duties of officers of the court; (f) respecting the transfer of proceedings under this Act to or from the court; and (g) prescribing and regulating any other matter considered expedient to attain the ends of justice and carry into effect the purposes and provisions of this Act. Exercise of power (3) The power to make rules for a court or appellate court conferred by subsection (2) on a competent authority shall be exercised in the like manner and subject to the like terms and conditions, if any, as the power to make rules for that court conferred on that authority by the laws of the province. Not statutory instruments (4) Rules made pursuant to this section by a competent authority that is not a judicial or quasi-judicial body shall be deemed not to be statutory instruments within the meaning and for the purposes of the Statutory Instruments Act . R.S., 1985, c. 3 (2nd Supp.), s. 25; 1993, c. 8, s. 5 2019, c. 16, s. 23