GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Divorce Act — D-3.4 25.01
Provincial child support service — calculation of child support 25.01 (1) With the approval of the Governor in Council, the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to calculate the amount of child support in accordance with the applicable guidelines and set it out in a decision. Application of law of province (2) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section. Effect of calculation by provincial child support service (3) The amount of child support calculated under this section is the amount payable by the spouse who is subject to a provincial child support service decision. Liability (4) A spouse who is subject to a provincial child support service decision becomes liable to pay the amount of child support calculated under this section on the day, or on the expiry of a period, specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations. Disagreement with respect to amount (5) Either or both spouses who do not agree with the amount of the child support calculated under this section may apply to a court of competent jurisdiction for an order under section 15.1 before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations. Effect of application (6) The liability to pay the amount of child support under subsection (4) continues while the determination of the application under subsection (5) is pending. Recalculation of amount or application for order (7) After a spouse subject to a provincial child support service decision becomes liable to pay an amount of child support under subsection (4), either or both spouses may have the amount of child support recalculated under section 25.1 or apply to a court of competent jurisdiction for an order under section 15.1. 2019, c. 16, s. 24
Divorce Act — D-3.4 25.2
Ministerial activities 25.2 The Minister of Justice may conduct activities related to matters governed by this Act, including undertaking research. 2019, c. 16, s. 26
Divorce Act — D-3.4 26
Regulations 26 (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and, without limiting the generality of the foregoing, may make regulations (a) respecting the establishment, mandate and operation of a central registry of divorce proceedings; (b) providing for uniformity in the rules made under section 25; (c) respecting the framework for the calculation or recalculation of the amount of child support by the provincial child support service under section 25.01 or 25.1; and (d) prescribing any matter or thing that by this Act is to be or may be prescribed. Regulations prevail (2) Regulations made under paragraph (1)(b) prevail over rules made under section 25. R.S., 1985, c. 3 (2nd Supp.), s. 26 2019, c. 16, s. 27
Divorce Act — D-3.4 26.1
Guidelines 26.1 (1) The Governor in Council may establish guidelines respecting orders for child support, including, but without limiting the generality of the foregoing, guidelines (a) respecting the way in which the amount of an order for child support is to be determined; (b) respecting the circumstances in which discretion may be exercised in the making of an order for child support; (c) authorizing a court to require that the amount payable under an order for child support be paid in periodic payments, in a lump sum or in a lump sum and periodic payments; (d) authorizing a court to require that the amount payable under an order for child support be paid or secured, or paid and secured, in the manner specified in the order; (e) respecting the circumstances that give rise to the making of a variation order in respect of a child support order; (f) respecting the determination of income for the purposes of the application of the guidelines; (g) authorizing a court to impute income for the purposes of the application of the guidelines; and (h) respecting the production of information relevant to an order for child support and providing for sanctions and other consequences when that information is not provided. Principle (2) The guidelines shall be based on the principle that spouses have a joint financial obligation to maintain the children of the marriage in accordance with their relative abilities to contribute to the performance of that obligation. Definition of order for child support (3) In subsection (1), order for child support means (a) an order or interim order made under section 15.1; (b) a variation order in respect of a child support order; (c) an order made under subsection 18.1(15) or 19(13) in respect of a child support order; or (d) an order made under subsection 28.5(5) or 29.1(5). 1997, c. 1, s. 11 2019, c. 16, s. 28
Divorce Act — D-3.4 27
Fees 27 (1) The Governor in Council may, by order, authorize the Minister of Justice to prescribe a fee to be paid by any person to whom a service is provided under this Act or the regulations. Agreements (2) The Minister of Justice may, with the approval of the Governor in Council, enter into an agreement with the government of any province respecting the collection and remittance of any fees prescribed pursuant to subsection (1).
Divorce Act — D-3.4 28
Definitions 28 The following definitions apply in this section and in sections 28.1 to 29.5. 2007 Convention means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007, set out in the schedule. ( Convention de 2007 ) Central Authority means any person or entity designated under Article 4 of the 2007 Convention that is responsible for carrying out the duties that are imposed on it by the 2007 Convention. ( autorité centrale ) 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 ) creditor means a former spouse to whom support is owed or who seeks to obtain support. ( créancier ) debtor means a former spouse who owes support or from whom support is sought. ( débiteur ) State Party means a State other than Canada in which the 2007 Convention applies. ( État partie ) R.S., 1985, c. 3 (2nd Supp.), s. 28; 1997, c. 1, s. 12 2019, ch. 16, art. 29 2019, c. 16, s. 30
Divorce Act — D-3.4
2007 Convention means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007, set out in the schedule. ( Convention de 2007 )
Divorce Act — D-3.4
Central Authority means any person or entity designated under Article 4 of the 2007 Convention that is responsible for carrying out the duties that are imposed on it by the 2007 Convention. ( autorité centrale )
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
creditor means a former spouse to whom support is owed or who seeks to obtain support. ( créancier )
Divorce Act — D-3.4
debtor means a former spouse who owes support or from whom support is sought. ( débiteur )
Divorce Act — D-3.4
State Party means a State other than Canada in which the 2007 Convention applies. ( État partie )
Divorce Act — D-3.4 28.1
Force of law 28.1 (1) The provisions of the 2007 Convention have the force of law in Canada in so far as they relate to subjects that fall within the legislative competence of Parliament. Inconsistency (2) The 2007 Convention prevails over this Act and any other federal law to the extent of any inconsistency between them. 2019, c. 16, s. 30
Divorce Act — D-3.4 28.2
Explanatory Report 28.2 In interpreting the 2007 Convention, recourse may be had to the Explanatory Report on the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, adopted by the Twenty-First Session of the Hague Conference on Private International Law held from November 5 to 23, 2007. 2019, c. 16, s. 30
Divorce Act — D-3.4 28.3
Application 28.3 Sections 28.4 to 29.5 apply if either the creditor or the debtor, as the case may be, resides in a State Party and the other resides in a province in respect of which Canada has made a declaration extending the application of the 2007 Convention to that province. However, the application of those provisions does not exclude the application of the other provisions of this Act unless there is an indication to the contrary. 2019, c. 16, s. 30
Divorce Act — D-3.4 28.4
Recognition of State Party decision varying child support order 28.4 (1) A creditor may, through the Central Authority designated by the State Party in which the creditor resides, submit to the Central Authority in the province in which the debtor is habitually resident an application for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a child support order. Spousal support order (2) A creditor may also in the same manner submit an application for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a spousal support order if the application is also for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a child support order. Registration and recognition (3) The decision of the State Party is 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 (4) 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. 30
Divorce Act — D-3.4 28.5
Establishment or variation of child support order or calculation or recalculation of amount 28.5 (1) A creditor may, through the Central Authority designated by the State Party in which the creditor resides, submit to the Central Authority in the province in which the debtor is habitually resident an application to be sent to the competent authority in the province. Types of applications (2) An application may seek (a) to obtain or to vary a child support order; or (b) to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the debtor habitually resides provides such a service. Sending of application (3) The Central Authority shall, in accordance with the law of the province, send the application to the competent authority of that province. Application of section 19 (4) Subsections 19(5) to (12) and (16) apply with necessary modifications to the application except that a reference to a “respondent” shall be read as “debtor”, a reference to “designated authority” shall be read as “Central Authority in the province in which the debtor is habitually resident”, a reference to “responsible authority in the designated jurisdiction” shall be read as “Central Authority designated by the State Party in which the creditor resides” and “applicant” shall be read as “creditor”. Order (5) The court referred to in subsection 19(6) may, on the basis of the evidence and the submissions of the creditor and of the debtor, 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 child support order or an order varying a child support order, retroactively or prospectively. Application of certain provisions (6) Subsections 15.1(3) to (8), section 15.3 and subsections 17(3), (4), (6) to (6.5) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (5). Exception (7) Subsections (1) to (6) apply despite sections 4 and 5. 2019, c. 16, s. 30
Divorce Act — D-3.4 29
Recognition of State Party decision suspending or limiting enforcement of child support order 29 (1) A debtor may, through the Central Authority designated by the State Party in which the debtor resides, submit to the Central Authority in the province in which the creditor is habitually resident an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a child support order. Spousal support order (2) A debtor may also in the same manner submit an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a spousal support order, if the application is also for recognition of a decision of the State Party that has the effect of suspending or limiting the enforcement of a child support order. Registration and recognition (3) The decision of the State Party 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, apply in respect of the recognition of the decision. Enforcement (4) 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. R.S., 1985, c. 3 (2nd Supp.), s. 29; 1997, c. 1, s. 12 2019, c. 16, s. 30
Divorce Act — D-3.4 29.1
Variation of child support order or recalculation of amount 29.1 (1) A debtor may, through the Central Authority designated by the State Party in which the debtor resides, submit to the Central Authority in the province in which the creditor is habitually resident an application to be sent to the competent authority in the province. Types of applications (2) An application may seek (a) to vary a child support order; or (b) to have the amount of child support recalculated, if the provincial child support service in the province in which the creditor habitually resides provides such a service. Sending of application (3) The Central Authority shall, in accordance with the law of the province, send the application to the competent authority of that province. Application of section 19 (4) Subsections 19(5) to (12) and (16) apply with necessary modifications to the application except that a reference to a “respondent” shall be read as “creditor”, a reference to “designated authority” shall be read as “Central Authority in the province in which the creditor is habitually resident”, a reference to “responsible authority in the designated jurisdiction” shall be read as “Central Authority designated by the State Party in which the debtor resides” and “applicant” shall be read as “debtor”. Order (5) The court referred to in subsection 19(6) may, on the basis of the evidence and the submissions of the creditor and of the debtor, 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 an order varying a child support order, retroactively or prospectively. Application of certain provisions (6) Subsections 17(3), (4), (6) to (6.5) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (5). Exception (7) Subsections (1) to (6) apply despite section 5. 2019, c. 16, s. 30
Divorce Act — D-3.4 29.2
Declaration in respect of a province 29.2 If Canada declares under Article 2 of the 2007 Convention that the application of Chapters II and III of that Convention is to extend, in respect of a province, to spousal support orders, the applications described in sections 28.4 to 29.1 of this Act may also be made in respect of those orders and in that case those sections apply with any necessary modifications. 2019, c. 16, s. 30
Divorce Act — D-3.4 29.3
Recognition of State Party decision varying support order 29.3 (1) A creditor may submit to a court in the province in which the debtor is habitually resident an application for recognition — and, if applicable, for enforcement — of a decision of a State Party that has the effect of varying a support order. Registration and recognition (2) The decision of the State Party 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. 30
Divorce Act — D-3.4 29.4
Recognition of State Party decision suspending or limiting enforcement of support order 29.4 (1) A debtor may submit to a court in the province in which the creditor is habitually resident an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a support order. Registration and recognition (2) The decision of the State Party 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. 30
Divorce Act — D-3.4 29.5
Support decision obtained in State Party 29.5 (1) If a divorce proceeding is commenced in the province in which the debtor is habitually resident, the court of competent jurisdiction is not authorized to make an order under section 15.1 if the creditor has, in the State Party in which the creditor habitually resides, obtained a decision that requires the debtor to pay for the support of any or all of the children of the marriage. Exceptions (2) Subsection (1) does not apply if (a) the creditor accepts the jurisdiction of the court, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; (b) the decision-making authority that made the decision in the State Party has no jurisdiction to vary the decision or make a new one or refuses to exercise its jurisdiction to do so; or (c) the decision cannot be recognized or declared enforceable in the province in which the debtor is habitually resident. 2019, c. 16, s. 30
Divorce Act — D-3.4 32
Proceedings based on facts arising before commencement of Act 32 Proceedings may be commenced under this Act notwithstanding that the material facts or circumstances giving rise to the proceedings or to jurisdiction over the proceedings occurred wholly or partly before the day on which this Act comes into force.
Divorce Act — D-3.4 34
Variation and enforcement of orders previously made 34 (1) Subject to subsection (1.1), any order made under subsection 11(1) of the Divorce Act , chapter D-8 of the Revised Statutes of Canada, 1970, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day under subsection 22(2) of that Act may be varied, rescinded, suspended or enforced in accordance with sections 17 to 20, other than subsection 17(10), of this Act as if (a) the order were a support order, parenting order or contact order, as the case may be; and (b) in subsections 17(4), (4.1) and (5), the words “or the last order made under subsection 11(2) of the Divorce Act , chapter D-8 of the Revised Statutes of Canada, 1970, varying that order” were added immediately before the words “or the last variation order made in respect of that order”. Combined orders (1.1) Where an application is made under subsection 17(1) to vary an order referred to in subsection (1) that provides a single amount of money for the combined support of one or more children and a former spouse, the court shall rescind the order and treat the application as an application for a child support order and an application for a spousal support order. Enforcement of interim orders (2) Any order made under section 10 of the Divorce Act , chapter D-8 of the Revised Statutes of Canada, 1970, may be enforced in accordance with section 20 of this Act as if it were an order made under subsection 15.1(1) or 15.2(1) or section 16.1 or 16.5 of this Act, as the case may be. Assignment of orders previously made (3) Any order for the maintenance of a spouse, former spouse or child of the marriage made under section 10 or 11 of the Divorce Act , chapter D-8 of the Revised Statutes of Canada, 1970, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day under subsection 22(2) of that Act may be assigned to any minister, member or agency designated under section 20.1. R.S., 1985, c. 3 (2nd Supp.), s. 34; 1997, c. 1, s. 14 2019, c. 16, s. 33
Divorce Act — D-3.4 35
Procedural laws continued 35 The rules and regulations made under the Divorce Act , chapter D-8 of the Revised Statutes of Canada, 1970, and the provisions of any other law or of any rule, regulation or other instrument made thereunder respecting any matter in relation to which rules may be made under subsection 25(2) that were in force in Canada or any province immediately before the day on which this Act comes into force and that are not inconsistent with this Act continue in force as though made or enacted by or under this Act until they are repealed or altered by rules or regulations made under this Act or are, by virtue of the making of rules or regulations under this Act, rendered inconsistent with those rules or regulations.
Divorce Act — D-3.4 35.1
Variation and enforcement of support orders previously made 35.1 (1) Subject to subsection (2), any support order made under this Act before the coming into force of this section may be varied, rescinded, suspended or enforced in accordance with sections 17 to 20 as if the support order were a child support order or a spousal support order, as the case may be. Combined orders (2) Where an application is made under subsection 17(1) to vary a support order made under this Act before the coming into force of this section that provides for the combined support of one or more children and a former spouse, the court shall rescind the order and treat the application as an application for a child support order and an application for a spousal support order. Assignment of orders previously made (3) Any support order made under this Act before the coming into force of this section may be assigned to any minister, member or agency designated pursuant to section 20.1. 1997, c. 1, s. 15