C-25.01, r. 0.2.4 - Regulation of the Superior Court of Québec in family matters

Section 42 Disposition versions

2021-10-07

42. Duties of the clerk: In each of the judicial districts of Québec, the Divorce Office is administered by the clerk. The duties of the clerk are as follows:

(a)  to file separately the divorce records and to keep registers, an index, a court ledger and a special register available to the public where every divorce judgment is entered without delay;

(b)  to receive and register applications after ascertaining that they comply with the requirements of the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)) and of the Rules of Practice;

(c)  to keep a register of pleadings containing

i.  with respect to each application, the names and addresses of the parties and the date of filing; and

ii.  with respect to each divorce judgment, the names and addresses of the parties and the date it was rendered;

(d)  to fill out the forms required by the Rules of Practice or the regulations made pursuant to the Divorce Act;

(e)  once the divorce has taken effect, to issue a certificate of divorce in accordance with Form VIII, upon request;

(f)  in accordance with subsection 17(11) of the Divorce Act, to forward, when the Court has issued an order varying a support order, parenting order or contact order made by another court, a copy of the variation order certified as true by a judge or officer to that other court or to any other court that varied the original order;

(g)  to forward to the competent court, following a transfer order issued under section 6, 6.1 or 6.2 of the Divorce Act, a certified true copy of the record and the order;

(h)  to hire the personnel necessary for the performance of the clerk’s duties, including deputy clerks, according to the number of cases filed in the Divorce Office for which the clerk has complete responsibility.

Decision 2016-05-20, s. 42; Decision 2021-05-31, s. 28.

2016-06-16

42. Duties of the clerk: In each of the judicial districts of Québec, the Divorce Office is administered by the clerk. The duties of the clerk are as follows:

(a)  to file separately the divorce records and to keep registers, an index, a court ledger and a special register available to the public where every divorce judgment is entered without delay;

(b)  to receive and register applications after ascertaining that they comply with the requirements of the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)) and of the Rules of Practice;

(c)  to keep a register of pleadings containing;

i.  with respect to each application, the names and addresses of the parties and the date of filing;

ii.  with respect to each divorce judgment, the names and addresses of the parties and the date it was rendered;

(d)  to fill out the forms required by the Rules of Practice or the regulations made pursuant to the Divorce Act;

(e)  once the divorce has taken effect, to issue a certificate of divorce in accordance with Form VIII, upon request;

(f)  in accordance with subsection 17(11) of the Divorce Act, to forward, when the Court has issued an order varying a support order or custody order of another court, a certified true copy of the variation order to the other court or to any other court which had varied the original order;

(g)  to forward, in the case of a provisional order, the documents provided for in subsections 18(3) and 18(6) of the Divorce Act;

(h)  to serve upon the applicant or the applicant’s lawyer the notice provided for in subsection 18(5) of the Divorce Act at least 10 days before the date fixed for submitting further evidence;

(i)  to serve upon the parties the notice provided for in subsection 19(2) of the Divorce Act, prepared using Form IX, accompanied by a copy of the documents received from the court which issued the provisional order;

(j)  as required by subsection 19(12) of the Divorce Act, to send a certified true copy of any order issued under subsection 19(7) of the Divorce Act;

(k)  to forward to the competent court, following a transfer order issued under section 6 of the Divorce Act, a true copy of the record and the order;

(l)  to hire the personnel necessary for the performance of the clerk’s duties, including deputyclerks, according to the number of cases filed in the Divorce Office for which the clerk has complete responsibility.

Decision 2016-05-20, s. 42.

Not in force

In force: 2016-06-16

42. Duties of the clerk: In each of the judicial districts of Québec, the Divorce Office is administered by the clerk. The duties of the clerk are as follows:

(a)  to file separately the divorce records and to keep registers, an index, a court ledger and a special register available to the public where every divorce judgment is entered without delay;

(b)  to receive and register applications after ascertaining that they comply with the requirements of the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)) and of the Rules of Practice;

(c)  to keep a register of pleadings containing;

i.  with respect to each application, the names and addresses of the parties and the date of filing;

ii.  with respect to each divorce judgment, the names and addresses of the parties and the date it was rendered;

(d)  to fill out the forms required by the Rules of Practice or the regulations made pursuant to the Divorce Act;

(e)  once the divorce has taken effect, to issue a certificate of divorce in accordance with Form VIII, upon request;

(f)  in accordance with subsection 17(11) of the Divorce Act, to forward, when the Court has issued an order varying a support order or custody order of another court, a certified true copy of the variation order to the other court or to any other court which had varied the original order;

(g)  to forward, in the case of a provisional order, the documents provided for in subsections 18(3) and 18(6) of the Divorce Act;

(h)  to serve upon the applicant or the applicant’s lawyer the notice provided for in subsection 18(5) of the Divorce Act at least 10 days before the date fixed for submitting further evidence;

(i)  to serve upon the parties the notice provided for in subsection 19(2) of the Divorce Act, prepared using Form IX, accompanied by a copy of the documents received from the court which issued the provisional order;

(j)  as required by subsection 19(12) of the Divorce Act, to send a certified true copy of any order issued under subsection 19(7) of the Divorce Act;

(k)  to forward to the competent court, following a transfer order issued under section 6 of the Divorce Act, a true copy of the record and the order;

(l)  to hire the personnel necessary for the performance of the clerk’s duties, including deputyclerks, according to the number of cases filed in the Divorce Office for which the clerk has complete responsibility.

Decision 2016-05-20, s. 42.