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.
Marginal note:Legal effect throughout Canada
(2) Subject to subsection 18(2), an order made under any of sections 15.1 to 17 or subsection 19(7), (9) or (9.1) has legal effect throughout Canada.
(3) An order that has legal effect throughout Canada pursuant to subsection (2) may be
(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.
Marginal note: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.
- R.S., 1985, c. 3 (2nd Supp.), s. 20;
- 1997, c. 1, s. 8.
Marginal note:Assignment of order
20.1 (1) A support order may be assigned to
(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 Council of the Northwest Territories, or any agency in the Northwest Territories, designated by the Commissioner of the Northwest Territories; or
(e) any member of the Legislative Assembly of Nunavut, or any agency in Nunavut, designated by the Commissioner of Nunavut.
(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.
- 1993, c. 28, s. 78;
- 1997, c. 1, s. 9;
- 1998, c. 15, s. 23;
- 2002, c. 7, s. 160.
Marginal note:Appeal to appellate court
21. (1) Subject to subsections (2) and (3), an appeal lies to the appellate court from any judgment or order, whether final or interim, rendered or made by a court under this Act.
Marginal note:Restriction on divorce appeals
(2) No appeal lies from a judgment granting a divorce on or after the day on which the divorce takes effect.
Marginal note:Restriction on order appeals
(3) No appeal lies from an order made under this Act more than thirty days after the day on which the order was made.
(4) An appellate court or a judge thereof may, on special grounds, either before or after the expiration of the time fixed by subsection (3) for instituting an appeal, by order extend that time.
Marginal note:Powers of appellate court
(5) The appellate court may
(a) dismiss the appeal; or
(b) allow the appeal and
(i) render the judgment or make the order that ought to have been rendered or made, including such order or such further or other order as it deems just, or
(ii) order a new hearing where it deems it necessary to do so to correct a substantial wrong or miscarriage of justice.
Marginal note:Procedure on appeals
(6) Except as otherwise provided by this Act or the rules or regulations, an appeal under this section shall be asserted, heard and decided according to the ordinary procedure governing appeals to the appellate court from the court rendering the judgment or making the order being appealed.
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