The Divorce Act Changes Explained

Conversion of Applications

No action by respondent
(Section 18.3(1), Divorce Act)

New section

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.
Old section

None.

What is the change

When the respondent has not requested a s 18.1 application and has not answered such an application, the court can proceed with the support variation application under s 17. The court may also treat the application as if it were a s 18.1 application.

Reason for the change

The amendment improves the efficiency of the inter-jurisdictional process. When a former spouse applies in their own province under s 17, and the respondent has neither responded to nor requested the conversion to an inter-jurisdictional application, the court in the applicant’s jurisdiction has two options. The court can hear and determine the support variation application in the respondent’s absence. Alternatively, the court can consider the support variation application to be an inter-jurisdictional application under s 18.1(3). Under this second option, the court would send a copy of the application and evidence to the designated authority of its province. This second option may be chosen as under the inter-jurisdictional process, a court in the respondent’s jurisdiction can make the necessary orders to obtain financial information from either the respondent or the respondent’s employer so that it can make a support determination.

When

March 1, 2021.