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SNL2002 CHAPTER I-19.2

INTERJURISDICTIONAL SUPPORT ORDERS ACT

Amended:

2006 cS-31.1 s84; 2012 c11; 2013 c16 s25

CHAPTER I-19.2

AN ACT RESPECTING INTERJURISDICTIONAL SUPPORT ORDERS

(Assented to December 19, 2002 )

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Designation of court

              PART I
CLAIMS WHERE AN ORDER DOES NOT EXIST

       
4.   Definition

       
5.   Application of Part I

              Division 1
Claimant Resident in the Province

       
6.   Support application

       
7.   Submitting application to designated authority

       
8.   Provisional order

              Division 2
Claimant Resident Outside the Province

       
9.   Definition

     
10.   Notice of hearing

     
11.   Information that court shall consider

     
12.   Parentage

     
13.   Choice of law

     
14.   Order

     
15.   Order where notice not complied with

     
16.   Sending order to reciprocating jurisdiction

              PART II
REGISTRATION AND ENFORCEMENT OF ORDERS MADE OUTSIDE THE PROVINCE

     
17.   Definitions

     
18.   Receipt of order in the province

     
19.   Registration

     
20.   Foreign order

     
21.   Effect of setting aside

              PART III
VARIATION OF A SUPPORT ORDER

     
22.   Definitions

     
23.   Variation in reciprocating jurisdiction

     
24.   Restrictions

              Division 1
Applicant Resident in the Province

     
25.   Application to vary support order

     
26.   Submitting application to designated authority

     
27.   Application to vary support order

     
28.   Provisional order of variation

              Division 2
Applicant Resident Outside the Province

     
29.   Definition

     
30.   Notice of hearing

     
31.   Information that court shall consider

     
32.   Choice of law

     
33.   Order

     
34.   Order where notice not complied with

     
35.   Sending order to reciprocating jurisdiction

              Division 3
Variation of Registered Orders

     
36.   Jurisdiction

              PART IV
APPEALS

     
37.   Appeals

              PART V
GENERAL MATTERS

     
38.   Appointment of designated authority

   
38.1   Request to locate

     
39.   Establishing forms

     
40.   Transmission of documents

     
41.   Translation

     
42.   Order or application expressed in foreign currency

     
43.   Right of subrogation

     
44.   Terminology

     
45.   Documents from reciprocating jurisdiction

     
46.   Other remedies

     
47.   Regulations

     
48.   Transitional

     
49.   Consequential Amdt.

     
50.   RSNL1990 cR-5 Rep.

     
51.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Interjurisdictional Support Orders Act .

2002 cI-19.2 s1

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Definitions

        2. In this Act

             (a)  "appropriate authority" when used in reference to a reciprocating jurisdiction, means the person or persons in that jurisdiction who correspond to the designated authority;

             (b)  "claimant" means a person who applies under this Act for support;

             (c)  "court" means a court designated under section 3 ;

             (d)  "designated authority" means the person or persons appointed under subsection 38 (1), and includes a person to whom a power or duty is delegated under subsection 38 (2);

             (e)  "former Act" means the Reciprocal Enforcement of Support Orders Act ;

             (f)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (g)  "provisional order" means

                      (i)  a support order of a court that has no force or effect until confirmed by a court in a reciprocating jurisdiction, or

                     (ii)  a similar order made in a reciprocating jurisdiction and received for confirmation in the province;

             (h)  "provisional order of variation" means

                      (i)  an order of a court that varies a support order and that has no force or effect until confirmed by a court in a reciprocating jurisdiction, or

                     (ii)  a similar order made in a reciprocating jurisdiction and received for confirmation in the province;

              (i)  "reciprocating jurisdiction" means a jurisdiction declared in the regulations made under subsection 47 (1) to be a reciprocating jurisdiction;

           (i.1)  "request to locate" means a written request to locate a person for the purpose of facilitating a proceeding with respect to the establishment, variation, registration or enforcement of a support order;

              (j)  "support" means support, maintenance or alimony payable for a person or for the child of a person or for both;

             (k)  "support order" means

                      (i)  a court order or an order made by an administrative body requiring the payment of support, or

                     (ii)  the provisions of a written agreement requiring the payment of support where those provisions are enforceable in the jurisdiction in which the agreement was made as if they were contained in an order of a court of that jurisdiction,

and includes the recalculation by an administrative body of the payment of support for a child, where the recalculation is enforceable in the jurisdiction in which the recalculation was made as if it were an order of, or were contained in an order of, a court of that jurisdiction; and

              (l)  "support variation order" means an order made under Part III.

2002 cI-19.2 s2; 2012 c11 s1

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Designation of court

        3. The minister may designate a court or courts in the province for the purpose of proceedings under this Act.

2002 cI-19.2 s3

PART I
CLAIMS WHERE AN ORDER DOES NOT EXIST

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Definition

        4. In this Part, "respondent" means the person against whom support is sought.

2002 cI-19.2 s4

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Application of Part I

        5. This Part applies only where there is no support order in effect requiring the respondent to pay support for the claimant or for children for whom support is claimed or for both.

2002 cI-19.2 s5

Division 1
Claimant Resident in the Province

2012 c11 s2

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S Support application

        6. (1) Where a claimant resides in the province and believes that the respondent habitually resides in a reciprocating jurisdiction, the claimant may start a process in the province that could result in a support order being made in the reciprocating jurisdiction.

             (2)  To start the process, the claimant shall complete a support application that includes the following:

             (a)  the claimant's name and address for service;

             (b)  a copy of the specific statutory or other legal authority on which the claimant's support application is based, unless the claimant is relying on the law of the jurisdiction where the respondent habitually resides;

             (c)  the amount and nature of support claimed;

             (d)  the sworn document described in subsection (3); and

             (e)  other information or documents required by the regulations.

             (3)  The sworn document referred to in paragraph (2)(d) shall set out the following:

             (a)  the respondent's name and information known to the claimant that can be used to locate or identify the respondent;

             (b)  the respondent's financial circumstances, to the extent known by the claimant, including whether the respondent is receiving social assistance;

             (c)  the name of each person for whom support is claimed and the date of birth of a child for whom support is claimed; and

             (d)  the evidence in support of the support application that is relevant to establishing entitlement to or the amount of support, including

                      (i)  where support is claimed for a child, details of the parentage of the child and information about the child's and claimant's financial and other circumstances, and

                     (ii)  where support is claimed for the claimant, information about the claimant's financial and other circumstances and the claimant's relationship with the respondent.

             (4)  The claimant is not required to notify the respondent that a process has been started under this section.

2002 cI-19.2 s6; 2012 c11 s3

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Submitting application to designated authority

        7. (1) The claimant shall submit the support application to the designated authority in the province.

             (2)  On receiving a support application, the designated authority shall

             (a)  review the support application to ensure that it is complete; and

             (b)  send a copy of the completed application, as soon as practicable, to the appropriate authority in the reciprocating jurisdiction in which the claimant believes the respondent habitually resides.

             (3)  On receiving a request for further information or documents from a reciprocating jurisdiction under a provision of an Act in that jurisdiction that corresponds to paragraph 11 (2)(a), the claimant shall, in accordance with the regulations, provide the further information or documents within the time referred to in the request.

             (4)  On receiving a certified copy of a support order and reasons, if any, from a reciprocating jurisdiction under a provision of an Act in that jurisdiction that corresponds to section 16 , the designated authority shall, in accordance with the regulations, provide a copy of the order and reasons, if any, to the claimant.

2002 cI-19.2 s7; 2012 c11 s4

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Provisional order

        8. (1) Where the claimant believes that the respondent habitually resides in a reciprocating jurisdiction that requires a provisional order, the court may, on application by the claimant and without notice to and in the absence of the respondent, make a provisional order taking into account the specific statutory or other legal authority on which the claimant's support application is based.

             (2)  Evidence in proceedings under subsection (1) may be given orally, in writing or as the court may allow.

             (3)  In proceedings under subsection (1), the court may impute income to the respondent for the purpose of determining the amount of support to be paid.

             (4)  Where a provisional order is made, the designated authority shall send to the appropriate authority in the reciprocating jurisdiction

             (a)  3 certified copies of the provisional order;

             (b)  a transcript of oral evidence given in the proceedings; and

             (c)  the support application referred to in subsection 6 (2).

             (5)  Where, during a proceeding for confirmation of a provisional order, a court in a reciprocating jurisdiction sends a matter back for further evidence to the court that made the provisional order, the court shall, after giving notice to the claimant, receive further evidence.

             (6)  Where evidence is received under subsection (5), the designated authority shall send to the appropriate authority in the reciprocating jurisdiction a certified copy of the evidence with modifications, if any, to the provisional order as the court considers appropriate.

             (7)  Where a provisional order made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is sought, the court that made the provisional order may, on application within 6 months after the denial of confirmation, reopen the matter, receive further evidence and make a new provisional order for a person in respect of whom confirmation was denied.

2002 cI-19.2 s8; 2012 c11 s5

Division 2
Claimant Resident Outside the Province

2012 c11 s6

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Definition

        9. In this Division, "support application" means

             (a)  a provisional order referred to in subparagraph 2 (g)(ii); or

             (b)  documents from a reciprocating jurisdiction corresponding to a support application described in subsection 6 (2).

2002 cI-19.2 s9

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Notice of hearing

      10. (1) Where the designated authority receives a support application from the appropriate authority in a reciprocating jurisdiction with information that the respondent named in the support application habitually resides in the province, the designated authority shall serve on the respondent, in accordance with the regulations,

             (a)  a copy of the support application; and

             (b)  a notice requiring the respondent to appear at the place and time set out in the notice and to provide the information or documents required by the regulations.

             (2)  Where the designated authority has not served the respondent in accordance with subsection (1) and knows or believes that the respondent is habitually resident in another reciprocating jurisdiction in Canada , the designated authority shall

             (a)  send the support application to the appropriate authority in that other reciprocating jurisdiction; and

             (b)  notify the appropriate authority in the originating reciprocating jurisdiction that it has done so.

             (3)  Where the designated authority

             (a)  is unable to determine where the respondent resides; or

             (b)  has not served the respondent in accordance with subsection (1) and knows or believes that the respondent is habitually resident in a jurisdiction outside Canada ,

the designated authority shall return the support application to the appropriate authority in the originating reciprocating jurisdiction with available information respecting the location and circumstances of the respondent.

2012 c11 s7

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Information that court shall consider

      11. (1) In dealing with a support application, the court shall consider

             (a)  the evidence given or submitted to the court; and

             (b)  the documents sent from the reciprocating jurisdiction.

             (2)  Where the court requires further information or documents from the claimant to make a support order, the court

             (a)  shall direct the designated authority to contact the claimant or the appropriate authority in the reciprocating jurisdiction to request the information or documents; and

             (b)  shall adjourn the hearing and may, where the court considers it appropriate, make an interim support order.

             (3)  Where the information or documents requested under subsection (2) are not received by the court within 12 months from the date of the request, the court may dismiss the support application and terminate an interim support order made under paragraph (2)(b).

         (3.1)  Notwithstanding subsection (3), where, before the coming into force of that subsection an order for additional information or documents was made, the additional information or documents shall be received by the court within 18 months of the date of the request.

             (4)  The dismissal of a support application under subsection (3) does not preclude the claimant from commencing a new support application.

2002 cI-19.2 s11; 2012 c11 s8

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Parentage

      12. (1) Where a child's parentage is in issue and has not previously been determined, the court may decide that issue.

             (2)  A determination of parentage under this section has effect only for the purpose of support proceedings under this Act.

2002 cI-19.2 s12

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Choice of law

      13. (1) In determining the entitlement to support for a child, the court shall first apply the law of the province, but where the child is not entitled to support under that law, the court shall apply the law of the jurisdiction in which the child habitually resides.

             (2)  In determining the amount of support for a child, the court shall apply the law of the province.

             (3)  In determining the entitlement to support and the amount of support for a claimant, the court shall first apply the law of the province, but where the claimant is not entitled to support under that law, the court shall apply the law of the jurisdiction in which the claimant and the respondent last maintained a common habitual residence.

2002 cI-19.2 s13; 2012 c11 s9

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Order

      14. (1) On the conclusion of a hearing, the court may, in respect of a claimant or a child, or both,

             (a)  make a support order;

             (b)  make an interim support order and adjourn the hearing to a specified date;

             (c)  adjourn the hearing to a specified date without making an interim support order; or

             (d)  refuse to make a support order.

             (2)  The court may make a support order that is retroactive.

             (3)  A support order may require support to be paid in periodic payments or as a lump sum, or both.

             (4)  Where the court refuses to make a support order, the court shall give reasons for its decision.

             (5)  A support order shall specify the law applied under section 13, and where the order does not specify the law applied, the order is considered to have been made under the law of the province.

2002 cI-19.2 s14; 2012 c11 s10

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Order where notice not complied with

      15. (1) Where the respondent does not appear as required in the notice or does not provide the information or documents required under paragraph 10 (1)(b), the court shall, unless subsection (2) applies, make a support order in the absence of the respondent or of the information or documents and in making the order may draw any inference it considers appropriate.

             (2)  Where the court has no information about the respondent's financial or employment circumstances, the court need not make the order referred to in subsection (1) but shall make an order requiring the respondent to appear before it to give evidence at the place and time set out in the order.

             (3)  Where the respondent does not appear in accordance with an order under subsection (2), the court may

             (a)  issue a summons requiring the respondent to appear before it to give evidence; or

             (b)  issue a warrant for the arrest of the respondent.

             (4)  Where the respondent does not appear as required, the court shall, in accordance with the regulations, send a copy of a support order made under this section to the respondent.

2002 cI-19.2 s15

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Sending order to reciprocating jurisdiction

      16. The designated authority shall, as soon as practicable, send a certified copy of a support order made under this Division and reasons, if any, to the appropriate authority in the reciprocating jurisdiction that sent the claimant's support application.

2002 cI-19.2 s16

PART II
REGISTRATION AND ENFORCEMENT OF ORDERS MADE OUTSIDE THE PROVINCE

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Definitions

      17. In this Part

             (a)  "extra-provincial order" means a support order, an interim support order or a provisional order of variation made in a reciprocating jurisdiction in Canada, but does not include a provisional order or a provisional order of variation; and

             (b)  "foreign order" means a support order, an interim support order or a support variation order made in a reciprocating jurisdiction outside Canada, but does not include a provisional order or a provisional order of variation.

2002 cI-19.2 s17

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Receipt of order in the province

      18. (1) To register an extra-provincial order or a foreign order, the order shall be forwarded to the designated authority in the province.

             (2)  On receiving a certified copy of the extra-provincial order or foreign order, the designated authority shall send a copy of the order in accordance with the regulations to the clerk of the court.

2002 cI-19.2 s18

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Registration

      19. (1) On receiving a copy of the extra-provincial order or foreign order, the clerk of the court shall register it as an order of the court.

             (2)  On being registered, the extra-provincial order or foreign order

             (a)  has, from the date it is registered, the same effect as if it was a support order made by a court in the province; and

             (b)  may, both with respect to arrears accrued before registration and with respect to obligations accruing after registration, be enforced in the same manner as a support order made by a court in the province, or varied as provided in this Act, whether the order is made before, on or after the day on which this Act comes into force.

             (3)  An order registered under subsection (1) shall be filed with the Director of Support Enforcement and, where filed, shall be enforced in the province in accordance with the Support Orders Enforcement Act, 2006 .

             (4)  The duration of the support obligation in an extra-provincial order or foreign order registered under subsection (1) is governed by the law of the jurisdiction under which the order was made.

             (5)  The onus is on the appropriate authority of the reciprocating jurisdiction to provide proof of the law governing duration of the support obligation to the satisfaction of the designated authority.

             (6)  Notwithstanding subsection (3), where the designated authority is unable to determine the duration of the support obligation under the law of the reciprocating jurisdiction, the designated authority may enforce the support order for the duration determined by the law of the province.

2002 cI-19.2 s19; 2006 cS-31.1 s84; 2012 c11 s11

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Foreign order

            20.   (1) After the registration of a foreign order under section 19, the designated authority shall, in accordance with the regulations, notify the party to the order believed to habitually reside in the province of the registration of the order.

             (2)  Within 30 days after receiving notice of the registration of a foreign order, a party to the order may apply to the court to set aside the registration on giving notice in accordance with the regulations.

             (3)  On an application under subsection (2), the court may

             (a)  confirm the registration; or

             (b)  set aside the registration where the court determines that

                      (i)  in the proceeding in which the foreign order was made, a party to the order did not have proper notice or a reasonable opportunity to be heard,

                     (ii)  the foreign order is contrary to public policy in the province, or

                    (iii)  the court that made the foreign order did not have jurisdiction to make the order.

             (4)  Where the court sets aside the registration, it shall give reasons for its decision.

             (5)  For the purpose of subparagraph (3)(b)(iii), a court has jurisdiction where

             (a)  both parties to the foreign order habitually reside in the reciprocating jurisdiction outside Canada ; or

             (b)  a party does not habitually reside in the reciprocating jurisdiction outside Canada but is subject to the jurisdiction of the court that made the foreign order.

             (6)  The party who applies to set aside the registration of a foreign order shall give notice of the decision or order of the court, in accordance with the regulations, to the other party and to the designated authority.

2002 cI-19.2 s20; 2012 c11 s12

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Effect of setting aside

      21. (1) Where the registration of a foreign order is set aside, the foreign order received under this Part shall, at the request of the party applying to register the order, be dealt with in accordance with Part I, Division 2 or Part III, Division 2 as if the foreign order were a support application received under subsection 10 (1) or a support variation application received under subsection 30 (1).

             (2)  Where the foreign order does not contain the necessary information or documents required for a support application, the designated authority shall request from the appropriate authority of the reciprocating jurisdiction in which the foreign order was made the necessary information and documents, and until the required information and documents are provided to the designated authority, no proceedings under Part I, Division 2, or Part III, Division 2 may continue.

2002 cI-19.2 s21

PART III
VARIATION OF A SUPPORT ORDER

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Definitions

      22. In this Part

             (a)  "applicant" means a party applying to vary a support order;

             (b)  "respondent" means the party who is the respondent in a support variation application; and

             (c)  "support order" means a support order as defined in section 2 that is

                      (i)  made in the province, or

                     (ii)  made in a reciprocating jurisdiction and registered in the court under Part II of this Act or under the former Act, but does not include a provisional order or a provisional order of variation.

2002 cI-19.2 s22

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Variation in reciprocating jurisdiction

      23. Where a support order originally made in the province is varied in a reciprocating jurisdiction under provisions of an Act in that jurisdiction that correspond to sections 29 to 35 , it is considered to be so varied in the province.

2002 cI-19.2 s23

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Restrictions

      24. Nothing in this Part

             (a)  authorizes a judge of the Provincial Court to vary a support order made in Canada by a federally appointed judge, but a judge of the Provincial Court may make a provisional order of variation under section 27 ; or

             (b)  allows a support order originally made under the Divorce Act (Canada ) to be varied except as authorized by a federal Act.

2002 cI-19.2 s24

Division 1
Applicant Resident in the Province

2012 c11 s13

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Application to vary support order

      25. (1) Where an applicant resides in the province and believes that the respondent habitually resides in a reciprocating jurisdiction, the applicant may start a process in the province that could result in a support variation order being made in the reciprocating jurisdiction.

             (2)  To start the process, the applicant shall complete a support variation application that includes the following:

             (a)  the applicant's name and address for service;

             (b)  a certified copy of the support order that the applicant is applying to vary;

             (c)  a copy of the specific statutory or other legal authority on which the applicant's support variation is based, unless the applicant is relying on the law of the jurisdiction where the respondent habitually resides;

             (d)  the particulars of the variation applied for, which may include a termination of the support order;

             (e)  the sworn document described in subsection (3); and

             (f)  other information or documents required by the regulations.

             (3)  The sworn document referred to in paragraph (2)(e) shall set out the following:

             (a)  the respondent's name and information known to the applicant that can be used to locate or identify the respondent;

             (b)  the respondent's financial circumstances, to the extent known by the applicant, including whether the respondent is receiving social assistance;

             (c)  the name and date of birth of each person, to the extent known by the applicant, for whom support is payable or who shall be affected by the variation where it is granted;

             (d)  the evidence in support of the support variation application that is relevant to establishing a change in entitlement to or the amount of support, including

                      (i)  where support to the applicant or respondent is an issue, information about the applicant's relationship with the respondent, and

                     (ii)  where the variation applied for affects support for a child, information about the child's and applicant's financial and other circumstances; and

             (e)  information about the applicant's financial and other circumstances.

             (4)  The applicant is not required to notify the respondent that a process has been started under this section.

2002 cI-19.2 s25; 2012 c11 s14

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Submitting application to designated authority

      26. (1) The applicant shall submit the support variation application to the designated authority in the province.

             (2)  On receiving a support variation application, the designated authority shall

             (a)  review the support variation application to ensure that it is complete; and

             (b)  send a copy of the completed support variation application, as soon as practicable, to the appropriate authority in the reciprocating jurisdiction in which the applicant believes the respondent habitually resides.

             (3)  On receiving a request for further information or documents from a reciprocating jurisdiction under a provision of an Act in that jurisdiction that corresponds to paragraph 31 (2)(a), the applicant shall, in accordance with the regulations, provide the further information or documents within the time referred to in the request.

             (4)  On receiving a certified copy of a support variation order and reasons, if any, from a reciprocating jurisdiction under a provision of an Act in that jurisdiction that corresponds to section 35 , the designated authority shall, in accordance with the regulations, provide a copy of the order and reasons, if any, to the applicant.

2002 cI-19.2 s26; 2012 c11 s15

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Application to vary support order

      27. Where the applicant habitually resides in the province and the respondent no longer habitually resides in a reciprocating jurisdiction, the applicant may apply directly to the court to vary the support order, and the court may make a support variation order where the respondent has been given notice of the proceeding.

2012 c11 s16

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Provisional order of variation

      28. (1) Where the applicant believes that the respondent habitually resides in a reciprocating jurisdiction that requires a provisional order of variation, the court may, on application by the applicant and without notice to and in the absence of the respondent, make a provisional order of variation taking into account the specific statutory or other legal authority on which the applicant's support variation application is based.

             (2)  Evidence in proceedings under subsection (1) may be given orally, in writing or as the court may allow.

             (3)  In proceedings under subsection (1), the court may impute income to the respondent for the purpose of determining the amount of support to be paid.

             (4)  Where a provisional order of variation is made, the designated authority shall send to the appropriate authority in the reciprocating jurisdiction

             (a)  3 certified copies of the provisional order of variation;

             (b)  a transcript of oral evidence given in the proceedings; and

             (c)  the support variation application referred to in subsection 25 (2).

             (5)  Where, during a proceeding for confirmation of a provisional order of variation, a court in a reciprocating jurisdiction sends a matter back for further evidence to the court that made the provisional order of variation, the court shall, after giving notice to the applicant, receive further evidence.

             (6)  Where evidence is received under subsection (5), the designated authority shall send to the appropriate authority in the reciprocating jurisdiction a certified copy of the evidence with modifications, if any, to the provisional order of variation as the court considers appropriate.

             (7)  Where a provisional order of variation made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is sought, the court that made the provisional order of variation may, on application within 6 months after the denial of confirmation, reopen the matter, receive further evidence and make a new provisional order of variation for a person in respect of whom confirmation was denied.

2002 cI-19.2 s28; 2012 c11 s17

Division 2
Applicant Resident Outside the Province

2012 c11 s18

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Definition

      29. In this Division, "support variation application" means

             (a)  a provisional order of variation referred to in subparagraph 2 (h)(ii); or

             (b)  documents from a reciprocating jurisdiction corresponding to a support variation application described in subsection 25 (2).

2002 cI-19.2 s29

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Notice of hearing

      30. (1) Where the designated authority receives a support variation application from the appropriate authority in a reciprocating jurisdiction with information that the respondent named in the support variation application habitually resides in the province, the designated authority shall serve on the respondent, in accordance with the regulations,

             (a)  a copy of the support variation application; and

             (b)  a notice requiring the respondent to appear at the place and time set out in the notice and to provide the information or documents required by the regulations.

             (2)  Where the designated authority has not served the respondent in accordance with subsection (1) and knows or believes that the respondent is habitually resident in another reciprocating jurisdiction in Canada , the designated authority shall

             (a)  forward the support variation application to the appropriate authority in that other reciprocating jurisdiction; and

             (b)  notify the appropriate authority in the originating reciprocating jurisdiction that it has done so.

             (3)  Where the designated authority

             (a)  is unable to determine where the respondent resides; or

             (b)  has not served the respondent in accordance with subsection (1) and knows or believes that the respondent is habitually resident in a jurisdiction outside Canada ,

the designated authority shall return the support variation application to the appropriate authority in the originating reciprocating jurisdiction with available information respecting the location and circumstances of the respondent.

2012 c11 s19

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Information that court shall consider

      31. (1) In dealing with a support variation application, the court shall consider

             (a)  the evidence given or submitted to the court; and

             (b)  the documents sent from the reciprocating jurisdiction.

             (2)  Where the court requires further information or documents from the applicant to make a support variation order, the court

             (a)  shall direct the designated authority to contact the applicant or the appropriate authority in the reciprocating jurisdiction to request the information or documents; and

             (b)  shall adjourn the hearing and may, where the court considers it appropriate, make an interim support variation order.

             (3)  Where the information or documents requested under subsection (2) are not received by the court within 12 months from the date of the request, the court may dismiss the support variation application and terminate an interim support variation order made under paragraph (2)(b).

         (3.1)  Notwithstanding subsection (3), where, before the coming into force of that subsection, an order for additional information or documents was made, the additional information or documents shall be received by the court within 18 months of the date of the request.

             (4)  The dismissal of a support variation application under subsection (3) does not preclude the applicant from commencing a new support variation application.

2002 cI-19.2 s31; 2012 c11 s20

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Choice of law

      32. (1) In determining the entitlement to receive or to continue to receive support for a child, the court shall first apply the law of the province but where the child is not entitled to support under that law, the court shall apply the law of the jurisdiction in which the child habitually resides.

             (2)  In determining the amount of support for a child, the court shall apply the law of the province.

             (3)  For greater certainty, the law of the province referred to in subsection (2) includes the applicable table under the Child Support Guidelines Regulations.

             (4)  In determining the entitlement of a party other than a child to receive or to continue to receive support and the amount of that support, the court shall apply the law of the province.

             (5)  Where under the law of the province a party other than a child is not entitled to receive or to continue to receive support, the court shall apply the law of the jurisdiction in which that party habitually resides.

             (6)  Where a party other than a child is neither entitled to receive or to continue to receive support under the law of the province nor under the law of the jurisdiction in which that party habitually resides, the court shall apply the law of the jurisdiction in which the parties last  maintained a common habitual residence.

2012 c11 s21

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Order

      33. (1) On the conclusion of a hearing, the court may, in respect of a party or a child, or both,

             (a)  make a support variation order;

             (b)  make an interim support variation order and adjourn the hearing to a specified date;

             (c)  adjourn the hearing to a specified date without making an interim support variation order; or

             (d)  refuse to make a support variation order.

             (2)  The court may make a support variation order that is retroactive.

             (3)  A support variation order may require support to be paid in periodic payments or as a lump sum, or both.

             (4)  Where the court refuses to make a support variation order, the court shall give reasons for its decision.

2002 cI-19.2 s33

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Order where notice not complied with

      34. (1) Where a respondent does not appear as required in the notice or does not provide the information or documents required under paragraph 30 (1)(b), the court shall, unless subsection (2) applies, make a support variation order in the absence of the respondent or of the information or documents and in making the order may draw any inference it considers appropriate.

             (2)  Where the court has no information as to the respondent's financial or employment circumstances, the court need not make the order referred to in subsection (1) but shall make an order requiring the respondent to appear before it to give evidence at the place and time set out in the order.

             (3)  Where the respondent does not appear in accordance with an order under subsection (2), the court may

             (a)  issue a summons requiring the respondent to appear before it to give evidence; or

             (b)  issue a warrant for the arrest of the respondent.

             (4)  Where the respondent does not appear as required, the court shall, in accordance with the regulations, send a copy of a support variation order made under this section to the respondent.

2002 cI-19.2 s34

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Sending order to reciprocating jurisdiction

      35. The designated authority shall, as soon as practicable, send a certified copy of a support variation order made under this Division and reasons, if any, to the appropriate authority in the reciprocating jurisdiction in which the applicant resides and, where the support order was originally made in another reciprocating jurisdiction, to the appropriate authority in that jurisdiction.

2012 c11 s22

Division 3
Variation of Registered Orders

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Jurisdiction

      36. (1) The court may, on a party's motion and after taking into account any right of a government or agency of a government under section 43, vary a support order registered in the province under Part II of this Act or under the former Act where

             (a)  both the applicant and respondent accept the court's jurisdiction;

             (b)  both the applicant and respondent habitually reside in the province; or

             (c)  the respondent habitually resides in the province and the support order is registered by the applicant under Part II of this Act or under the former Act.

             (2)  The Family Law Act applies for the purpose of varying a support order under the circumstances referred to in subsection (1), as if the order being varied was an order for support under that Act.

2002 cI-19.2 s36; 2012 c11 s23

PART IV
APPEALS

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Appeals

      37. (1) A party to a proceeding under this Act or the designated authority may appeal to the Court of Appeal a ruling, decision or order of the court under this Act.

             (2)  Notwithstanding subsection (1), an appeal shall be commenced within 90 days after the date the ruling, decision or order of the court appealed from is entered as a judgment of the court unless the period is extended by the Court of Appeal either before or after the appeal period has expired.

             (3)  Notwithstanding subsection (2), a person responding to an appeal under subsection (2) may appeal a ruling, decision or order in the same proceeding within 30 days after receipt of the notice of the appeal.

             (4)  An order under appeal remains in force pending the determination of the appeal unless the court that made the order or the Court of Appeal orders otherwise.

             (5)  A copy of the decision of the Court of Appeal shall be provided by the court to the designated authority, and the designated authority shall notify the appropriate authority in the reciprocating jurisdiction of the decision on the appeal.

2002 cI-19.2 s37; 2013 c16 s25

PART V
GENERAL MATTERS

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Appointment of designated authority

      38. (1) The minister may appoint one or more persons to act as the designated authority in the province for the purpose of this Act.

             (2)  A person appointed under subsection (1) may, in writing, delegate a power or duty under this Act to another person or persons.

             (3)  A proceeding for damages may not be commenced against the designated authority or employee of the designated authority's office for an act done in good faith in the execution or intended execution of power or duty under this Act or for alleged neglect or default in the execution in good faith of power or duty under this Act.

2002 cI-19.2 s38

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Request to locate

   38.1 (1) Where the designated authority receives a request to locate from an appropriate authority in a reciprocating jurisdiction, the designated authority may take the steps it considers appropriate for the purpose of obtaining information with respect to the whereabouts of the person named in the request.

             (2)  The designated authority may respond to a request to locate by advising the appropriate authority in the reciprocating jurisdiction whether the person has been located in the province, but shall not disclose specific information respecting the location of the person.

             (3)  Information received by the designated authority from an appropriate authority in a reciprocating jurisdiction or through inquiries made under subsection (1) is confidential, except that the designated authority may use and disclose the information for the purpose of carrying out its duties and powers under this Act and the regulations.

2012 c11 s24

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Establishing forms

      39. The minister may establish forms that shall be used for the purpose of this Act.

2002 cI-19.2 s39

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Transmission of documents

      40. (1) On receipt of an order or document to be sent under this Act to a reciprocating jurisdiction, the designated authority shall send the order or document to the appropriate authority of the reciprocating jurisdiction.

             (2)  Where the reciprocating jurisdiction requires an order or document to be translated into a language other than English or French, the person for whom the order or document is being transmitted shall provide the required translation together with a certificate of the translator authenticating the accuracy of the translation.

2002 cI-19.2 s40

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Translation

      41. (1) Where a foreign order or other document is written in a language other than English, the order or document shall be accompanied by a translation of the order or document into the English language.

             (2)  A translation required under subsection (1) shall be authenticated as being accurate by a certificate of the translator.

2002 cI-19.2 s41

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Order or application expressed in foreign currency

      42. Where a foreign order that has been registered and filed in accordance with section 19 refers to an amount of support that is not expressed in Canadian currency, the conversion of the amount into Canadian currency shall be determined by the designated authority in accordance with the regulations.

2002 cI-19.2 s42

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Right of subrogation

      43. A government or an agency of a government that is providing or has provided social assistance to a person has the same rights as that person to commence or participate in proceedings under this Act for any of the following:

             (a)  obtaining support or a variation of support;

             (b)  responding to an application for a variation of support payments or arrears under a support order;

             (c)  responding to an application to suspend enforcement of support payments or arrears under a support order;

             (d)  making or responding to an application to the court to set aside the registration of a foreign order under section 19; and

             (e)  appealing or responding to an appeal of a ruling, decision or order of the court or the Court of Appeal under this Act,

and has the right to seek an order of reimbursement of the social assistance provided to that person by the government or agency of the government.

2002 cI-19.2 s43

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Terminology

      44. Where, in a proceeding under this Act, a document from a court in a reciprocating jurisdiction contains terminology different from the terminology in this Act or contains terminology or is in a form different from that customarily in use in the court, the court shall give a broad and liberal interpretation to the terminology or form to give effect to the document.

2002 cI-19.2 s44

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Documents from reciprocating jurisdiction

      45. (1) In a proceeding under this Act,

             (a)  the court shall take judicial notice of the law of a reciprocating jurisdiction and, where required, apply it; and

             (b)  an enactment of a reciprocating jurisdiction may be pleaded and proved for the purpose of this Act by producing a copy of the enactment received from the reciprocating jurisdiction.

             (2)  In a proceeding under this Act, a document purporting to be signed by a judge, officer of a court or public officer in a reciprocating jurisdiction is, unless the contrary is proved, proof of the appointment, signature and authority of the person who signed it.

             (3)  Statements in writing sworn to by the maker, depositions or transcripts of evidence taken in a reciprocating jurisdiction may be received in evidence by the court under this Act.

2002 cI-19.2 s45

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Other remedies

      46. This Act does not impair another remedy available to a person, the Province of Newfoundland and Labrador, a province or territory of Canada , a jurisdiction outside Canada or a political subdivision or official agency of the Province of Newfoundland and Labrador, of a province or territory of Canada or of a jurisdiction outside Canada .

2002 cI-19.2 s46

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Regulations

      47. (1) Where the Lieutenant-Governor in Council is satisfied that laws are or will be in effect in a jurisdiction for the reciprocal enforcement of support orders made in the province on a basis substantially similar to this Act, the Lieutenant-Governor in Council may make regulations declaring that jurisdiction to be a reciprocating jurisdiction.

             (2)  In declaring a jurisdiction to be a reciprocating jurisdiction under subsection (1), the Lieutenant-Governor in Council may impose conditions with respect to the enforcement and recognition of support orders made or registered in that jurisdiction.

             (3)  The Lieutenant-Governor in Council may make regulations

             (a)  respecting information or documents required for the purpose of this Act;

             (b)  respecting the service, providing or sending of information or documents required under this Act;

             (c)  respecting the service, providing or sending of notices under this Act;

             (d)  respecting proceedings under this Act;

             (e)  respecting forms for the purpose of this Act;

             (f)  respecting the conduct and disposition of proceedings under this Act without an oral hearing;

             (g)  respecting the conversion of amounts of support to Canadian currency; and

             (h)  respecting another matter the Lieutenant-Governor in Council considers necessary or advisable to carry out the intent of this Act.

             (4)  The Lieutenant-Governor in Council may, by regulation, revoke a declaration made under subsection (1) and the jurisdiction with respect to which the declaration was made ceases to be a reciprocating jurisdiction for the purpose of this Act.

2002 cI-19.2 s47

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Transitional

      48. (1) An order made or registered under the former Act continues to be valid and in force and may be varied, enforced or otherwise dealt with under this Act.

             (2)  Where notice of proceedings to consider a provisional order or a provisional order of variation or notice of registration of a final order is given to the respondent before the commencement of this Act, the matter shall be dealt with in accordance with the former Act as if the former Act had not been repealed.

             (3)  [Rep. by 2012 c11 s25]

             (4)  Where, on the commencement of this Act, a final order has been received for registration under the former Act but has not yet been registered in the court, the final order shall be dealt with in accordance with this Act as if it were an extra-provincial order or foreign order received under Part II of this Act.

             (5)  Where a provisional order or a provisional order of variation was received under the former Act and notice of proceedings to consider the order has not been given to the respondent on the commencement of this Act, the order shall be dealt with in accordance with this Act as if it had been received under Part I or Part III of this Act.

2002 cI-19.2 s48; 2012 c11 s25

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Consequential Amdt.

      49. Subsection 9(5) of the Support Orders Enforcement Act is repealed and the following substituted:

             (5)  The director shall, on the request of the proper officer of a reciprocating jurisdiction or a court of a reciprocating jurisdiction under theInterjurisdictional Support Orders Act, provide a sworn or affirmed, itemized statement with respect to a support order, showing

             (a)  the amounts that have become due by the debtor during the 3 years immediately preceding the date of the statement; and

             (b)  the payments made through the office during the period mentioned in paragraph (a) by or on behalf of the debtor.

2002 cI-19.2 s49

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RSNL1990 cR-5 Rep.

      50. The Reciprocal Enforcement of Support Orders Act is repealed.

2002 cI-19.2 s50

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Commencement

      51. This Act comes into force on day to be proclaimed by the Lieutenant-Governor in Council.  (In force - Mar. 31/03)

2002 cI-19.2 s51