Is a variation order made in excess of jurisdiction conferred by the Divorce Act?

In the Divorce Act the Parliament of Canada has distributed jurisdiction so as to ensure access to process to both applicants and respondents. Jurisdiction over non-resident respondents in variation proceedings is restrained and it is clearly delineated to provisional orders which have no extra-territorial effect unless and until the confirmation process has been completed. I am satisfied that the variation order in the case before me was made in excess of the jurisdiction conferred by the Divorce Act in so far as it purports to be final. In my view the provisions of the Divorce Act provide a statutory code fully occupying the field of territorial jurisdiction and inter-provincial recognition of support orders in Divorce Act proceedings, and there is no room to apply the common law rules summarized in Emanuel v. Symon (op. cit.) to expand that jurisdiction.