Family Law Legislation and Regulations

What is legislation?

When we refer to laws, statutes, or acts, we are talking about legislation made by governments. Legislation creates rights and powers. Legislation may also impose duties and attach consequences. Legislation gives a judge the authority to make orders. Judges interpret and apply the legislation, or law, when they decide cases.

For a list of Nova Scotia laws, click here. Click on Statutes of Nova Scotia, then click on Consolidated Public Statutes on this site. The statutes are then listed alphabetically. Click on the statute you wish to review.

 

What are regulations?

Legislation also gives authority to create regulations. Regulations govern proceedings and further define how laws are applied.

For a list of Nova Scotia regulations, click here. Click on Consolidated Regulations. Then click on Listed by Act. The regulations are then listed alphabetically based on the name of the act.

Are you wondering which legislation applies to your situation? Here are brief summaries of the acts and regulations you may need to know about.

Federal Legislation: For a list of federal legislation, click here. The statutes are then listed alphabetically. Click on the statute you wish to review.

Divorce Act: This federal act applies when you want a divorce, or are already divorced. It is used to ask the court to make an order relating to custody, access, child support, or spousal support. You can also use this act to ask the court to change an order relating to custody, access, or support.

Federal Child Support Guidelines: These regulations apply under the Divorce Act when you want a divorce or are already divorced. They set out the rules used to calculate how much child support people will have to pay. For information on how to determine child support under the Federal Child Support Guidelines, visit the child support section of the Government of Canada's Department of Justice website.

Pension Benefits Division Act [and Regulations] and Related Federal Pension Legislation: This act applies when a plan member's federally regulated pension is to be divided between that member and his or her spouse or common-law partner. Under this act, "common-law partners" refers to couples - including same-sex couples - who have lived together at least one year.

Provincial Legislation: Click on Statutes of Nova Scotia, then click on Consolidated Public Statutes on this site. The statutes are then listed alphabetically. Click on the statute you wish to review.

Interjurisdictional Support Orders Act: This act, called ISO for short, applies if one party lives in Nova Scotia and is seeking support from the other party who lives in a reciprocating jurisdiction (which includes all Canadian provinces and territories). It does not apply to the Divorce Act.

Maintenance and Custody Act (Nova Scotia): This act applies when you do not want a divorce, or if you have not been married, but are asking for an order relating to custody, access, child support, spousal support, or exclusive occupation of a residence. The act can apply to parents, guardians, spouses, common-law partners, registered domestic partners who are also common-law partners, and other people with permission of the court. Under this act, "common-law partners" refers to couples-including same-sex couples-who have lived together at least two years.

Child Maintenance Guidelines: These regulations apply under the Maintenance and Custody Act when you do not want a divorce or have not been married, but are asking the court for an order relating to child support. The Child Maintenance Guidelines set out the rules used to calculate how much child support people will have to pay. For information on how to determine child support under the Child Maintenance Guidelines, click here.

Family Maintenance Regulations: These regulations apply under the Maintenance and Custody Act when you are making a Family Court application in areas other than Halifax Regional Municipality and Cape Breton.

Maintenance Enforcement Act: This act governs the enforcement of child support orders and registered child support agreements.

Matrimonial Property Act: If you are married or are in a registered domestic partnership, you can use this act to ask for an order relating to property, including exclusive possession of the matrimonial home. You do not have to apply for a divorce to use this act.

Pension Benefits Act [and Regulations] and Related Provincial Pension Legislation: This act applies when a plan member's provincially regulated pension is to be divided between that member and his or her spouse, registered domestic partner, or common-law partner. Under this act, "common-law partners" refers to couples-including same-sex couples-who have lived together at least two years.

Reciprocal Enforcement of Custody Orders Act: This act allows the court to enforce and put into effect custody orders made in a reciprocating jurisdiction (which includes all Canadian provinces and territories).