The Inter-jurisdictional Support Orders Regulations

Transcription

1 1 SUPPORT ORDERS I REG 1 The Inter-jurisdictional Support Orders Regulations being Chapter I Reg 1 (effective January 31, 2003) as amended by Saskatchewan Regulations 85/2006. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 I REG 1 SUPPORT ORDERS Table of Contents 1 Title 2 Interpretation 3 Reciprocating jurisdictions 4 Form of applications 5 Further information on applications 6 Service of application on respondent 7 Copy of order 8 Foreign orders 9 Foreign currency 10 Application to vary support order 11 R.R.S. c.r-4.2 Reg 1 repealed 12 Coming into force Appendix Table 1 Reciprocating Jurisdictions

3 3 SUPPORT ORDERS I REG 1 CHAPTER I REG 1 The Inter-jurisdictional Support Orders Act Title 1 These regulations may be cited as The Inter-jurisdictional Support Orders Regulations. Interpretation 2 In these regulations, Act means The Inter-jurisdictional Support Orders Act. 31 Jan 2003 ci Reg 1 s2. Reciprocating jurisdictions 3 The jurisdictions listed in Table 1 of the Appendix are declared to be reciprocating jurisdictions for the purposes of the Act. 31 Jan 2003 ci Reg 1 s3. Form of applications 4(1) A claimant s support application pursuant to subsection 5(2) of the Act is to be in the form required by the designated authority. (2) An applicant s support variation application pursuant to subsection 25(2) of the Act is to be in the form required by the designated authority. 31 Jan 2003 ci Reg 1 s4. Further information on applications 5(1) For the purposes of subsection 6(3) of the Act, if a reciprocating jurisdiction requests further information or documents on a support application, the claimant is to provide the information or documents to the designated authority in the form required by the designated authority. (2) For the purposes of subsection 26(3) of the Act, if a reciprocating jurisdiction requests further information or documents on a support variation application, the applicant is to provide the information or documents to the designated authority in the form required by the designated authority. 31 Jan 2003 ci Reg 1 s5. Service of application on respondent 6(1) Any application or notice to be served on a respondent by the designated authority pursuant to subsection 9(1) or 29(1) of the Act must be served: (b) personally; or by registered mail.

4 4 I REG 1 SUPPORT ORDERS (2) A notice served on the respondent by the designated authority pursuant to clause 9(1)(b) or 29(1)(b) of the Act must require the respondent to file a financial statement in the form prescribed pursuant to The Enforcement of Maintenance Orders Regulations, (3) There must be at least 37 days between: (b) the date of service of the application and notice; and the date set out in the notice for hearing the application. 31 Jan 2003 ci Reg 1 s6. Copy of order 7 The designated authority shall send a copy of an order to the respondent pursuant to section 15 or 34 of the Act by: facsimile transmission; or (b) ordinary mail. 31 Jan 2003 ci Reg 1 s7. Foreign orders 8(1) For the purposes of subsection 19(1) of the Act, the designated authority must deliver notification of the registration of a foreign order: personally; or (b) by registered mail. (2) If a party to a foreign order wishes to apply pursuant to subsection 19(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 must: serve notice of the application on the designated authority: (i) personally; (ii) by facsimile transmission; or (iii) by ordinary 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 must be at least 37 days between: (b) the date of service of the application; and the date set for hearing the application. 31 Jan 2003 ci Reg 1 s8.

5 5 SUPPORT ORDERS I REG 1 Foreign currency 9(1) For the purposes of section 21 of the Act, if 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 any bank. (3) If 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 deemed to be the amount of the foreign order. 31 Jan 2003 ci Reg 1 s9. Application to vary support order 10 An application for variation of a support order pursuant to subsection 25(1) of the Act must include a financial statement of the applicant in the form prescribed pursuant to The Enforcement of Maintenance Orders Regulations, Jan 2003 ci Reg 1 s10. R.R.S. c.r-4.2 Reg 1 repealed 11 The Reciprocal Enforcement of Maintenance Orders Regulations, 1997 are repealed. 31 Jan 2003 ci Reg 1 s11. Coming into force 12 These regulations come into force on the day on which section 44 of The Inter-jurisdictional Support Orders Act comes into force. 31 Jan 2003 ci Reg 1 s12.

6 6 I REG 1 SUPPORT ORDERS Appendix TABLE 1 [Section 3] Reciprocating Jurisdictions Alaska Alberta Arizona Arkansas Australia Austria The Commonwealth of The Bahamas Barbados British Columbia California Cayman Islands Colorado Connecticut Czech Republic Delaware Federal Republic of Germany Fiji Florida Georgia Guernsey Hawaii The Hong Kong Special Administrative Region of the People s Republic of China Idaho Illinois Indiana Iowa Ireland Isle of Man Jersey Kansas Louisiana Maine Manitoba Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Brunswick New Jersey New Mexico New York New Zealand Newfoundland and Labrador North Carolina North Dakota Northwest Territories Norway Nova Scotia Nunavut Ohio Oklahoma Ontario Oregon Papua New Guinea Pennsylvania Poland Prince Edward Island Quebec South Dakota Sweden Swiss Confederation Tennessee Texas Ukraine United Kingdom Utah Virginia Washington West Virginia Wisconsin Wyoming Yukon Territory Zimbabwe 31 Jan 2003 ci Reg 1; 15 Sep 2006 SR 85/ 2006 s2. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2006