Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.))

Marginal note: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.

• Marginal note: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; or

  • (c) an order made under subsection 18.1(15) or 19(13) in respect of a child support order.

Marginal note: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.

• Marginal note: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).

28 [Repealed, 2019, c. 16, s. 29]

29 to 31 [Repealed, 1997, c. 1, s. 12]

Transitional Provisions

Marginal note: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, R.S. 1970, c. D-8

33 [Repealed, 2019, c. 16, s. 32]

Marginal note: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”.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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, R.S. 1985, c. 3 (2nd Supp.)

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Agreements entered into under subsection 25.1(1)

35.2 Any agreement entered into by the Minister of Justice under subsection 25.1(1), as that subsection read immediately before the day on which section 27 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act comes into force, and that continues to be in force on that day, is deemed to have been entered into under subsection 25.1(1), as that subsection read on that day.

Marginal note:Proceedings commenced before coming into force

35.3 A proceeding commenced under this Act before the day on which this section comes into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with this Act as it reads as of that day.

Marginal note:Person deemed to have parenting time and decision-making responsibility

35.4 Unless a court orders otherwise,

• (a) a person who had custody of a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that day, to be a person to whom parenting time and decision-making responsibility have been allocated; and

• (b) a spouse or former spouse who had access to a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that date, to be a person to whom parenting time has been allocated.

Marginal note:Person deemed to have contact order

35.5 If, immediately before the day on which this section comes into force, a person who is not a spouse or former spouse had access to a child by virtue of a custody order made under this Act, then, as of that day, unless a court orders otherwise, that person is deemed to be a person who has contact with the child under a contact order.

Marginal note:No notice

35.6 A person who is deemed under section 35.4, to be a person to whom parenting time or decision-making responsibility has been allocated is not required to give notice under either section 16.8 or 16.9 if a custody order to which they are a party specifies that no notice is required in respect of a change in the place of residence by the person or a child to whom the order relates.

Marginal note:No change in circumstances

35.7 For the purposes of subsection 17(5), as enacted by subsection 13(2) of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, the coming into force of that Act does not constitute a change in the circumstances of the child.

Marginal note:Variation of orders previously made

35.8 An order made before the day on which this section comes into force under subsection 16(1), as that subsection read immediately before that day, or an order made in proceedings disposed of by the court in the manner described in section 35.3, may, as of that day, if it is still in effect, be varied, rescinded or suspended in accordance with section 17, as amended by section 13 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, as if the order were a parenting order or contact order.

Marginal note:Provisional orders

35.9 If, before the day on which this section comes into force, a provisional order was made under subsection 18(2) as it read immediately before that day, the provisional order is deemed, as of that day, to be an application made under in subsection 18.1(3) and shall be dealt with and disposed of as such.

Commencement

Marginal note:Commencement

Footnote ^*36 This Act shall come into force on a day to be fixed by proclamation.

• Return to footnote ^*[Note: Act in force June 1, 1986, see SI/86-70.]