GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Divorce Act — D-3.4 c)
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;
Divorce Act — D-3.4 d)
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;
Divorce Act — D-3.4 e)
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;
Divorce Act — D-3.4 f)
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;
Divorce Act — D-3.4 g)
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;
Divorce Act — D-3.4 h)
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;
Divorce Act — D-3.4 i)
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;
Divorce Act — D-3.4 j)
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 2
2 This Article shall not apply to a Regional Economic Integration Organisation.
Divorce Act — D-3.4 1
1 A Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.
Divorce Act — D-3.4 2
2 A competent authority in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a decision from another Contracting State solely because the decision has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.
Divorce Act — D-3.4 3
3 This Article shall not apply to a Regional Economic Integration Organisation.
Divorce Act — D-3.4
In relations between the Contracting States, this Convention replaces, subject to Article 56(2), the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations and the Hague Convention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards children in so far as their scope of application as between such States coincides with the scope of application of this Convention.
Divorce Act — D-3.4
In relations between the Contracting States, this Convention replaces the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956, in so far as its scope of application as between such States coincides with the scope of application of this Convention.
Divorce Act — D-3.4
This Convention does not affect the Hague Convention of 1 March 1954 on civil procedure, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.
Divorce Act — D-3.4 1
1 This Convention does not affect any international instrument concluded before this Convention to which Contracting States are Parties and which contains provisions on matters governed by this Convention.
Divorce Act — D-3.4 2
2 Any Contracting State may conclude with one or more Contracting States agreements, which contain provisions on matters governed by the Convention, with a view to improving the application of the Convention between or among themselves, provided that such agreements are consistent with the objects and purpose of the Convention and do not affect, in the relationship of such States with other Contracting States, the application of the provisions of the Convention. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
Divorce Act — D-3.4 3
3 Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform laws based on special ties between the States concerned.
Divorce Act — D-3.4 4
4 This Convention shall not affect the application of instruments of a Regional Economic Integration Organisation that is a Party to this Convention, adopted after the conclusion of the Convention, on matters governed by the Convention provided that such instruments do not affect, in the relationship of Member States of the Regional Economic Integration Organisation with other Contracting States, the application of the provisions of the Convention. As concerns the recognition or enforcement of decisions as between Member States of the Regional Economic Integration Organisation, the Convention shall not affect the rules of the Regional Economic Integration Organisation, whether adopted before or after the conclusion of the Convention.
Divorce Act — D-3.4 1
1 This Convention shall not prevent the application of an agreement, arrangement or international instrument in force between the requesting State and the requested State, or a reciprocity arrangement in force in the requested State that provides for – a) broader bases for recognition of maintenance decisions, without prejudice to Article 22 f) of the Convention; b) simplified, more expeditious procedures on an application for recognition or recognition and enforcement of maintenance decisions; c) more beneficial legal assistance than that provided for under Articles 14 to 17; or d) procedures permitting an applicant from a requesting State to make a request directly to the Central Authority of the requested State.
Divorce Act — D-3.4 a)
a) broader bases for recognition of maintenance decisions, without prejudice to Article 22 f) of the Convention;
Divorce Act — D-3.4 b)
b) simplified, more expeditious procedures on an application for recognition or recognition and enforcement of maintenance decisions;
Divorce Act — D-3.4 c)
c) more beneficial legal assistance than that provided for under Articles 14 to 17; or
Divorce Act — D-3.4 d)
d) procedures permitting an applicant from a requesting State to make a request directly to the Central Authority of the requested State.
Divorce Act — D-3.4 2
2 This Convention shall not prevent the application of a law in force in the requested State that provides for more effective rules as referred to in paragraph 1 a) to c). However, as regards simplified, more expeditious procedures referred to in paragraph 1 b), they must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.
Divorce Act — D-3.4
In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.
Divorce Act — D-3.4 1
1 The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention and to encourage the development of good practices under the Convention.
Divorce Act — D-3.4 2
2 For the purpose of such review, Contracting States shall co-operate with the Permanent Bureau of the Hague Conference on Private International Law in the gathering of information, including statistics and case law, concerning the practical operation of the Convention.
Divorce Act — D-3.4 1
1 The forms annexed to this Convention may be amended by a decision of a Special Commission convened by the Secretary General of the Hague Conference on Private International Law to which all Contracting States and all Members shall be invited. Notice of the proposal to amend the forms shall be included in the agenda for the meeting.
Divorce Act — D-3.4 2
2 Amendments adopted by the Contracting States present at the Special Commission shall come into force for all Contracting States on the first day of the seventh calendar month after the date of their communication by the depositary to all Contracting States.
Divorce Act — D-3.4 3
3 During the period provided for in paragraph 2 any Contracting State may by notification in writing to the depositary make a reservation, in accordance with Article 62, with respect to the amendment. The State making such reservation shall, until the reservation is withdrawn, be treated as a State not Party to the present Convention with respect to that amendment.
Divorce Act — D-3.4 1
1 The Convention shall apply in every case where – a) a request pursuant to Article 7 or an application pursuant to Chapter III has been received by the Central Authority of the requested State after the Convention has entered into force between the requesting State and the requested State; b) a direct request for recognition and enforcement has been received by the competent authority of the State addressed after the Convention has entered into force between the State of origin and the State addressed.
Divorce Act — D-3.4 a)
a) a request pursuant to Article 7 or an application pursuant to Chapter III has been received by the Central Authority of the requested State after the Convention has entered into force between the requesting State and the requested State;
Divorce Act — D-3.4 b)
b) a direct request for recognition and enforcement has been received by the competent authority of the State addressed after the Convention has entered into force between the State of origin and the State addressed.
Divorce Act — D-3.4 2
2 With regard to the recognition and enforcement of decisions between Contracting States to this Convention that are also Parties to either of the Hague Maintenance Conventions mentioned in Article 48, if the conditions for the recognition and enforcement under this Convention prevent the recognition and enforcement of a decision given in the State of origin before the entry into force of this Convention for that State, that would otherwise have been recognised and enforced under the terms of the Convention that was in effect at the time the decision was rendered, the conditions of that Convention shall apply.
Divorce Act — D-3.4 3
3 The State addressed shall not be bound under this Convention to enforce a decision or a maintenance arrangement, in respect of payments falling due prior to the entry into force of the Convention between the State of origin and the State addressed, except for maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.
Divorce Act — D-3.4 1
1 A Contracting State, by the time its instrument of ratification or accession is deposited or a declaration is submitted in accordance with Article 61 of the Convention, shall provide the Permanent Bureau of the Hague Conference on Private International Law with – a) a description of its laws and procedures concerning maintenance obligations; b) a description of the measures it will take to meet the obligations under Article 6; c) a description of how it will provide applicants with effective access to procedures, as required under Article 14; d) a description of its enforcement rules and procedures, including any limitations on enforcement, in particular debtor protection rules and limitation periods; e) any specification referred to in Article 25(1) b) and (3).
Divorce Act — D-3.4 a)
a) a description of its laws and procedures concerning maintenance obligations;
Divorce Act — D-3.4 b)
b) a description of the measures it will take to meet the obligations under Article 6;
Divorce Act — D-3.4 c)
c) a description of how it will provide applicants with effective access to procedures, as required under Article 14;
Divorce Act — D-3.4 d)
d) a description of its enforcement rules and procedures, including any limitations on enforcement, in particular debtor protection rules and limitation periods;
Divorce Act — D-3.4 e)
e) any specification referred to in Article 25(1) b) and (3).
Divorce Act — D-3.4 2
2 Contracting States may, in fulfilling their obligations under paragraph 1, utilise a country profile form recommended and published by the Hague Conference on Private International Law.
Divorce Act — D-3.4 3
3 Information shall be kept up to date by the Contracting States.
Divorce Act — D-3.4 1
1 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Twenty-First Session and by the other States which participated in that Session.
Divorce Act — D-3.4 2
2 It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
Divorce Act — D-3.4 3
3 Any other State or Regional Economic Integration Organisation may accede to the Convention after it has entered into force in accordance with Article 60(1).
Divorce Act — D-3.4 4
4 The instrument of accession shall be deposited with the depositary.
Divorce Act — D-3.4 5
5 Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the 12 months after the date of the notification referred to in Article 65. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
Divorce Act — D-3.4 1
1 A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by the Convention.
Divorce Act — D-3.4 2
2 The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph.
Divorce Act — D-3.4 3
3 At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare in accordance with Article 63 that it exercises competence over all the matters governed by this Convention and that the Member States which have transferred competence to the Regional Economic Integration Organisation in respect of the matter in question shall be bound by this Convention by virtue of the signature, acceptance, approval or accession of the Organisation.
Divorce Act — D-3.4 4
4 For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation makes a declaration in accordance with paragraph 3.
Divorce Act — D-3.4 5
5 Any reference to a “Contracting State” or “State” in this Convention shall apply equally to a Regional Economic Integration Organisation that is a Party to it, where appropriate. In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 3, any reference to a “Contracting State” or “State” in this Convention shall apply equally to the relevant Member States of the Organisation, where appropriate.
Divorce Act — D-3.4 1
1 The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance or approval referred to in Article 58.
Divorce Act — D-3.4 2
2 Thereafter the Convention shall enter into force – a) for each State or Regional Economic Integration Organisation referred to in Article 59(1) subsequently ratifying, accepting or approving it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance or approval; b) for each State or Regional Economic Integration Organisation referred to in Article 58(3) on the day after the end of the period during which objections may be raised in accordance with Article 58(5); c) for a territorial unit to which the Convention has been extended in accordance with Article 61, on the first day of the month following the expiration of three months after the notification referred to in that Article.
Divorce Act — D-3.4 a)
a) for each State or Regional Economic Integration Organisation referred to in Article 59(1) subsequently ratifying, accepting or approving it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance or approval;
Divorce Act — D-3.4 b)
b) for each State or Regional Economic Integration Organisation referred to in Article 58(3) on the day after the end of the period during which objections may be raised in accordance with Article 58(5);
Divorce Act — D-3.4 c)
c) for a territorial unit to which the Convention has been extended in accordance with Article 61, on the first day of the month following the expiration of three months after the notification referred to in that Article.
Divorce Act — D-3.4 1
1 If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare in accordance with Article 63 that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
Divorce Act — D-3.4 2
2 Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.
Divorce Act — D-3.4 3
3 If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.
Divorce Act — D-3.4 4
4 This Article shall not apply to a Regional Economic Integration Organisation.
Divorce Act — D-3.4 1
1 Any Contracting State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 61, make one or more of the reservations provided for in Articles 2(2), 20(2), 30(8), 44(3) and 55(3). No other reservation shall be permitted.
Divorce Act — D-3.4 2
2 Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.
Divorce Act — D-3.4 3
3 The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in paragraph 2.
Divorce Act — D-3.4 4
4 Reservations under this Article shall have no reciprocal effect with the exception of the reservation provided for in Article 2(2).
Divorce Act — D-3.4 1
1 Declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1), may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.
Divorce Act — D-3.4 2
2 Declarations, modifications and withdrawals shall be notified to the depositary.
Divorce Act — D-3.4 3
3 A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.
Divorce Act — D-3.4 4
4 A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.
Divorce Act — D-3.4 1
1 A Contracting State to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a multi-unit State to which the Convention applies.
Divorce Act — D-3.4 2
2 The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.
Divorce Act — D-3.4 a)
The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 58 and 59 of the following – a) the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59; b) the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59; c) the date on which the Convention enters into force in accordance with Article 60; d) the declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1); e) the agreements referred to in Article 51(2); f) the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2); g) the denunciations referred to in Article 64.
Divorce Act — D-3.4 a)
a) the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59;
Divorce Act — D-3.4 b)
b) the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59;
Divorce Act — D-3.4 c)
c) the date on which the Convention enters into force in accordance with Article 60;
Divorce Act — D-3.4 d)
d) the declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1);
Divorce Act — D-3.4 e)
e) the agreements referred to in Article 51(2);
Divorce Act — D-3.4 f)
f) the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2);
Divorce Act — D-3.4 g)
g) the denunciations referred to in Article 64.
Divorce Act — D-3.4
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention.
Divorce Act — D-3.4
DONE at The Hague, on the 23rd day of November 2007, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session.
Divorce Act — D-3.4
Certified true copy of the original The Director of Treaties of the Ministry of Foreign Affairs of the Kingdom of the Netherlands
Divorce Act — D-3.4
CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE
Divorce Act — D-3.4
Personal data gathered or transmitted under the Convention shall be used only for the purposes for which it was gathered or transmitted. Any authority processing such data shall ensure its confidentiality, in accordance with the law of its State.