Support Obligations

• Author: Stephen G.A. Pitel/Nicholas S. Rafferty
• Profession: Faculty of Law, University of Western Ontario/Faculty of Law, University of Calgary
• Pages: 461-473

461

CHAP TER 25

SUPPORT OBLIGATIONS

A. INTRODUCTION

In Canada jurisdiction over family law, and specif‌ically over spousal

and child support, is divided between the federal and provincial gov-

ernments. Under the Constitution Act, 1867 the federal Parliament ha s

jurisdiction to enact l aws on marriage and divorce and this includes t he

jurisdiction to ma ke laws which enable the granting and variation of

support orde rs when they arise from divorce proceedings.1 The prov-

incial jurisdiction over property and civil rights gives the provincial

legislatures t he jurisdiction to enact l aws about support obligations for

separated but not divorced partners, unmarried cohabitants and chil-

dren of parents who are not marr ied. The provinces also h ave juris-

diction over the enforcement of support orders. This division between

federal and provincial jurisdiction over support orders adds an extra

layer of complexity when considering conf‌lict of laws issues like juris-

diction, choice of law, and enforcement.

1 (U.K.), 30 & 31 Vict., c. 3, s. 91(26).