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Newfoundland and Labrador
Regulation 2003


NEWFOUNDLAND AND LABRADOR REGULATION 48/03

NEWFOUNDLAND AND LABRADOR
REGULATION 48/03

Interjurisdictional Support Orders Regulations
under the
Interjurisdictional Support Orders Act
(O.C. 2003-197)

(Filed April 25, 2003)

Under the authority of section 47 of the Interjurisdictional Support Orders Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, April 25, 2003.

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Reciprocating jurisdictions

        4.   Form of applications

        5.   Further information on applications

        6.   Service of application on respondent

        7.   Providing copies of order

        8.   Where provisional order required

        9.   Copy of order

      10.   Foreign orders

      11.   Where provisional order of variation required

      12.   Foreign currency

      13.   CNLR 28/96 Rep.

Schedule


Short title

        1. These regulations may be cited as the Interjurisdictional Support Orders Regulations.

Definitions

        2. In these regulations, "Act" means the Interjurisdictional Support Orders Act.

Reciprocating jurisdictions

        3. The jurisdictions listed in the Schedule are declared to be reciprocating jurisdictions for the purpose of the Act.

Form of applications

        4. (1) A claimant’s support application under subsection 6(2) of the Act shall be in the form required by the designated authority and include

             (a)  the financial and other information required in the support application form; and

             (b)  the other information or documents that may be required by the reciprocating jurisdiction.

             (2)  An applicant’s support variation application under subsection 25(2) of the Act shall be in the form required by the designated authority and include

             (a)  the financial and other information required in the support variation application form; and

             (b)  the other information or documents that may be required by the reciprocating jurisdiction.

Further information on applications

        5. (1) For the purpose of subsection 7(3) of the Act, where a reciprocating jurisdiction requests further information or documents on a support application, the claimant shall provide the information or documents to the designated authority in the form required by the designated authority.

             (2)  For the purpose of subsection 26(3) of the Act, where a reciprocating jurisdiction requests further information or documents on a support variation application, the applicant shall provide the information or documents to the designated authority in the form required by the designated authority.

Service of application on respondent

        6. (1) An application or notice to be served on a respondent by the designated authority under subsection 10(1) or 30(1) of the Act shall be served

             (a)  personally; or

             (b)  by registered mail.

             (2)  A notice served on the respondent by the designated authority under paragraph 10(1)(b) or 30(1)(b) of the Act shall require the respondent to file a response with the court, together with a financial statement, in the form required by the designated authority.

             (3)  There shall be at least 30 days between

             (a)  the date of service of the application and notice; and

             (b)  the date set out in the notice for hearing the application.

Providing copies of order

        7. For the purpose of subsection 7(4) or 26(4) of the Act, the designated authority who receives an order from a reciprocating jurisdiction shall send a copy of the order and reasons, if any, to the claimant or applicant by ordinary mail at the address specified on the support application or the most current address provided by the claimant or applicant.

Where provisional order required

        8. (1) Where a reciprocating jurisdiction requires a provisional order referred to in section 8 of the Act, the claimant shall

             (a)  apply for the order by completing the support application referred to in subsection 6(2) of the Act, which

                      (i)  is in the form required by the designated authority, and

                     (ii)  includes the documents referred to in subsection 4(1) of these regulations; and

             (b)  submit the support application and a proposed provisional order to the court.

             (2)  The support application, including the documents referred to in subparagraph (1)(a)(ii), is evidence in the proceeding.

             (3)  Unless otherwise directed by the court, an application for a provisional order may proceed without an appearance by the claimant.

Copy of order

        9. (1) The designated authority shall send a certified copy of an order to the appropriate authority under section 16 or 35 of the Act by

             (a)  facsimile transmission; or

             (b)  ordinary mail.

             (2)  Where the court makes an order in the absence of the respondent under subsection 15(4) or 34(4) of the Act, the court shall send a copy of the order to the respondent by ordinary mail at the respondent's last known address as noted on the court file.

Foreign orders

      10. (1) For the purpose of subsection 20(1) of the Act, the designated authority shall deliver notification of the registration of a foreign order

             (a)  personally; or

             (b)  by registered mail.

             (2)  Where a party to a foreign order wishes to apply under subsection 20(2) of the Act to set aside the registration of the foreign order, within 30 days after receiving notification of the registration of the foreign order, the party shall

             (a)  serve notice of the application on the designated authority

                      (i)  personally,

                     (ii)  by facsimile transmission, or

                    (iii)  by registered mail; and

             (b)  file the application, with proof of service on the designated authority, in the court at the judicial centre nearest to the party’s residence.

             (3)  Unless the designated authority consents to an earlier date for hearing the application mentioned in subsection (2), there shall be at least 30 days between

             (a)  the date of service of the application; and

             (b)  the date set for hearing the application.

             (4)  For the purpose of subsection 20(6) of the Act, the party who applies to set aside the registration of a foreign order shall give notice of the decision or order of the court to the other party and to the designated authority

             (a)  by facsimile transmission; or

             (b)  by ordinary mail.

Where provisional order of variation required

      11. (1) Where a reciprocating jurisdiction requires a provisional order of variation referred to in section 28 of the Act, the applicant shall

             (a)  apply for the order by completing the support variation application referred to in subsection 25(2) of the Act, which

                      (i)  is in the form required by the designated authority, and

                     (ii)  includes the documents referred to in subsection 4(2) of these regulations; and

             (b)  submit the support variation application and a proposed provisional variation order to the court.

             (2)  The support variation application, including the documents referred to in subparagraph (1)(a)(ii), is evidence in the proceeding.

             (3)  Unless otherwise directed by the court, an application for a provisional order of variation may proceed without an appearance by the applicant.

Foreign currency

      12. (1) For the purpose of section 42 of the Act, where a foreign order refers to an amount of support that is not expressed in Canadian currency, the designated authority shall convert the amount into Canadian currency using the rate of exchange applicable on the day the foreign order was made or last varied.

             (2)  For the purpose of converting the amount mentioned in subsection (1) into Canadian currency, the designated authority may obtain the applicable rate of exchange from a bank.

             (3)  Where the designated authority files with the court a statement setting out the amount mentioned in subsection (1) in Canadian currency, the amount in that statement is considered to be the amount of the foreign order.

CNLR 28/96 Rep.

      13. The Reciprocal Enforcement of Support Orders Regulations, Consolidated Newfoundland and Labrador Regulation 28/96, are repealed.


Schedule

In Canada

 

Alberta

 

British Columbia

 

Manitoba

 

New Brunswick

 

Northwest Territories

 

Nova Scotia

 

Nunavut

 

Ontario

 

Prince Edward Island

 

Quebec

 

Saskatchewan

 

Yukon

 

 

In United States of America

 

All US States

 

American Samoa

 

District of Columbia

 

Guam

 

Puerto Rico

 

US Virgin Islands

 

 

In United Kingdom

 

England

 

Guernsey

 

Isle of Man

 

Jersey

 

Northern Ireland

 

Scotland

 

Wales

 

 

In Europe

 

Austria

 

Czech Republic

 

Germany

 

Malta

 

Norway

 

Poland

 

 

In Africa

 

Zimbabwe

 

 

In Asia

 

Singapore

 

 

In Pacific Ocean

 

Australia

 

Papau New Guinea

 

New Zealand