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
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- (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.
AP Commentary: Orders made under the Divorce Act are enforceable throughout Canada and can only be registered in a court in any province.
Assignment of order
20.1 (1) A support order may be assigned to
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- (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.
AP Commentary: where a spouse begins to receive social assistance, any support they are entitled to can be assigned to a ministry or agency.