Central Divorce Registry Amendments

Summary#

The Canada Gazette published a proposed change to the Central Registry of Divorce Proceedings Regulations under the Divorce Act on March 21, 2020. The proposals clarify the registry’s role, set the registry’s location, and change which personal details are recorded; comments were invited for 30 days after publication.

What it does#

• Says the central registry is to be located in Ottawa, Ontario.
• Adds a clear mandate: the registry will help courts decide if they have jurisdiction by keeping a central list of divorce proceedings and using that information to see whether other proceedings are pending or a divorce has already been granted.
• Changes what identifying information is collected and kept, by replacing several clauses so the registry records:
  • each spouse’s surname and given names as they were on the day before the marriage, and
  • each spouse’s gender as it was on the day before the marriage and their date of birth.
• Replaces related wording in the parts of the regulations that list what information must be given to the registry (sections that set out entries under sections 4 and 7).
• States the amendments would come into force when section 24 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 (chapter 16 of the Statutes of Canada, 2019) comes into force, or on the day the regulations are registered if that is later.
• This notice was published as a proposal and invited feedback to the Family and Children’s Law and Policy Unit, Department of Justice within 30 days of March 21, 2020.

Who's affected#

• People filing for divorce in Canada.
• Family court judges, court clerks and registry staff who check for duplicate or prior divorce proceedings.
• Family lawyers and legal clinics that prepare divorce applications.
• People who changed their name or gender after marriage (because the registry will use the name and gender as of the day before the marriage).
• If unclear: the notice does not list other specific groups beyond those directly involved in divorce proceedings.

Why it matters#

• The change clarifies what the central registry will do and what personal details it will hold.
• Using names and gender “as of the day before the marriage” matters when people have changed names or gender since they married. It could affect how easily courts find matching prior proceedings.
• For anyone concerned about what personal information is stored about their marriage and divorce filings, this proposal changes which identifiers the registry will keep.