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Interjurisdictional Support Orders Regulations

made under Sections 54 and 55 of the

Interjurisdictional Support Orders Act

S.N.S. 2002, c. 9

O.I.C. 2003-133 (March 28, 2003, effective March 31, 2003), N.S. Reg. 73/2003

as amended by O.I.C. 2013-48 (February 19, 2013), N.S. Reg. 40/2013


Citation

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


Definitions

2     (1)    For the purpose of these regulations,

 

                (a)    “Act” means the Interjurisdictional Support Orders Act;

 

                (b)    “application” means a support application or a support-variation application, as the context requires;

 

                (c)    “court” means a Nova Scotia court, as defined in clause 2(f) of the Act;

 

                (d)    “foreign order” means a support order made in a reciprocating jurisdiction outside of Canada;

 

                (e)    “order” includes reasons for the order, if any;

 

                (f)    “support application” means an application made by a claimant pursuant to subsection 6(2) of the Act for a support order to be made in a reciprocating jurisdiction; and

 

                (g)    “support-variation application” means an application made by an applicant pursuant to subsection 29(2) of the Act for a variation order to be made in a reciprocating jurisdiction.

 

       (2)    Words and expressions that are used in clause 9(1)(b) and that are not defined in these regulations have the meanings assigned to them under the Income Tax Act (Canada).


Application for support order

3     (1)    In addition to the information and documents required by subsection 6(2) of the Act, a claimant’s support application must include any other information or documents required by the reciprocating jurisdiction.

 

       (2)    In addition to meeting the requirements of subsection 7(1) for submission of a support application, a claimant must submit 3 additional copies of the support application and, if applicable, the certified translation to the designated authority.


Application for support-variation order

4     (1)    For the purposes of clause 29(3)(f) of the Act, an applicant’s affidavit must include a sworn statement that sets out in detail

 

                (a)    the financial circumstances of the applicant at the time the statement is sworn; and

 

                (b)    the basis for the support-variation application, including changes in the applicant’s financial circumstances from the time the support order was made until the time the applicant’s statement is sworn.

 

       (2)    In addition to the information and documents required by subsection 29(2) of the Act, an applicant’s support-variation application must include any other information or documents required by the reciprocating jurisdiction.

 

       (3)    In addition to meeting the requirements of subsection 30(1) for submission of a support-variation application, an applicant must submit 3 additional copies of the support-variation application and, if applicable, the certified translation to the designated authority.


Order respecting support variation made in absence of respondent

5     For the purposes of subsection 39(2) of the Act, a copy of an order respecting a support-variation application made in the absence of a respondent must be sent

 

                (a)    to the respondent by regular mail at their last known address on the court file; and

 

                (b)    to the designated authority by regular mail.


Reciprocating jurisdiction requesting further information or documents

6     (1)    For the purposes of subsections 7(3) and 30(3) of the Act, if a reciprocating jurisdiction requests further information or documents, a claimant or applicant must provide the information or documents in the manner required by the designated authority.

 

       (2)    If a claimant or applicant provides information or documents requested by a reciprocating jurisdiction as part of, or attached as exhibits to, a sworn document, the designated authority must forward the original sworn document to the appropriate authority in the reciprocating jurisdiction that requested it.


Providing copies of order from reciprocating jurisdiction

7     For the purposes of subsections 7(4) and 30(4) of the Act, a copy of an order received from a reciprocating jurisdiction must be sent

 

                (a)    to a claimant or applicant by regular mail at the address specified on the application or the most current address provided by the claimant or applicant; and

 

                (b)    to the court by sending it to the clerk of the court nearest to the address to which the order is sent to the claimant or applicant under clause (a) by regular mail.

Clause 7(b) amended: O.I.C. 2013-48, N.S. Reg. 40/2013.

 

Service if respondent habitually resides in Nova Scotia

8     (1)    For the purposes of subsections 10(1) and 34(1) and Section 35 of the Act, service on a respondent may be by personal service or by regular or registered mail to the respondent’s last known address.

 

       (2)    For the purposes of subsection 15(2) of the Act, a copy of an order made in the absence of a respondent must be sent

 

                (a)    to the respondent by regular mail at the respondent’s last known address as noted on the court file; and

 

                (b)    to the designated authority by regular mail.

Section 8 heading amended: O.I.C. 2013-48, N.S. Reg. 40/2013.


Information required from respondent habitually resident in Nova Scotia

9     (1)    A notice referred to in clause 10(1)(b), 34(1)(b) or 35(b) of the Act must require a respondent to provide the following information and documents to the court specified in the notice within 20 days after service of the notice on the respondent:

 

                (a)    a statement setting out the respondent’s name and address for service;

 

                (b)    a sworn statement of the financial circumstances of the respondent at the time the statement is sworn, containing the details of the respondent’s income, income sources, expenses, assets and debts, and including

 

                         (i)     a copy of every personal income tax return filed by the respondent for each of the 3 most recent taxation years,

 

                         (ii)    a copy of every notice of assessment and re-assessment issued to the respondent for each of the 3 most recent taxation years,

 

                         (iii)   if the respondent is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, if such a statement is not provided by the employer, a letter from the respondent’s employer setting out that information including the respondent’s rate of annual salary or remuneration,

 

                         (iv)   if the respondent is self-employed, for the 3 most recent taxation years

 

                                  (A)   the financial statements of the respondent’s business or professional practice, other than a partnership, and

 

                                  (B)   a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the respondent does not deal at arm’s length,

 

                         (v)    if the respondent is a partner in a partnership, confirmation of the respondent’s income and draw from, and capital in, the partnership for its 3 most recent taxation years,

 

                         (vi)   if the respondent controls a corporation, for its 3 most recent taxation years

 

                                  (A)   the financial statements of the corporation and its subsidiaries, and

 

                                  (B)   a statement showing the breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm’s length,

 

                         (vii)  if the respondent is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s 3 most recent financial statements, and

 

                         (viii) if the respondent receives income from employment insurance, social assistance, a pension, workers’ compensation, disability benefits or any other source, the most recent statement of income indicating the amount of income from the applicable source during the current year, or if such a statement is not provided, a letter from the applicable source stating the required information.

 

       (2)    In addition to the information required in clause (1)(b), if the application includes a claim of undue hardship respecting child support under the Child Maintenance Guidelines made under the Maintenance and Custody Act, the sworn statement must include the names and sources of income of all persons with whom the respondent resides or with whom the respondent shares living expenses or from whom the respondent receives any benefit.

 

       (3)    In addition to the information required in clause (1)(b), if support for a child over the age of majority is claimed or is an issue in the application, the sworn statement must include information about the child’s financial circumstances, and the respondent must provide information on the child’s other circumstances.

Section 9 heading amended: O.I.C. 2013-48, N.S. Reg. 40/2013.


Forwarding copy of support order from reciprocating jurisdiction

10   For the purposes of subsection 18(2) of the Act, a certified copy of an order made in a reciprocating jurisdiction must be sent to the clerk of the court by regular mail.


Service of foreign order notices

11   (1)    For the purposes of subsection 20(1) of the Act, notice of registration of a foreign order may be given by personal service or by registered mail at the party’s last known address on the court file.

Subsection 11(1) amended: O.I.C. 2013-48, N.S. Reg. 40/2013.

 

       (1A) If service of a notice cannot be effected in accordance with subsection (1), the notice may be given to the party by ordinary mail or another mode of delivery to the address that the clerk of the court determines, based on information in the court file, to be the party’s address or the address where the notice will come to the attention of the party.

Subsection 11(1A) added: O.I.C. 2013-48, N.S. Reg. 40/2013.

 

       (1B) For the purpose of subsection 20(2) of the Act, notice sent or delivered in accordance with subsection (1A) is deemed to have been received by the party, whether or not the notice is returned to the clerk of the court as undeliverable to the party,

 

                (a)    if sent or delivered within Canada, 10 days after it was sent or delivered; and

 

                (b)    if sent or delivered outside Canada, 21 days after it was sent or delivered.

Subsection 11(1B) added: O.I.C. 2013-48, N.S. Reg. 40/2013.

 

       (2)    For the purposes of subsection 20(3) of the Act, a notice of an application under subsection 20(2) of the Act to set aside registration of a foreign order must include the date, time, and place of the application and must be served, at least 60 days before the application is to be heard by the court, on

 

                (a)    the designated authority by personal service or registered mail; and

 

                (b)    the party who claimed or applied for the foreign order

 

                         (i)     by registered mail to the party’s last known address on the court file, or

 

                         (ii)    if there is no address for the party on the court file, by registered mail to the appropriate authority in the reciprocating jurisdiction that sent the foreign order.


Service of decision or order respecting foreign order

12   A notice made under subsection 20(7) of the Act of a decision or order of the court respecting a foreign order must be sent

 

                (a)    to a party

 

                         (i)     by regular mail at their last known address on the court file, or

 

                         (ii)    if there is no address for the party on the court file, by regular mail to the appropriate authority of the reciprocating jurisdiction in which the original order was made; and

 

                (b)    to the designated authority by regular mail.


Conversion of amount of support expressed in non-Canadian currency

13   (1)    In this Section, “exchange rate” means a rate of exchange established by a bank that is a member of the Canadian Deposit Insurance Corporation.

 

       (2)    For the purposes of Sections 22 and 46 of the Act, conversion of an amount of support into Canadian currency is determined by applying the exchange rate that was in effect as of 3:30 p.m. Atlantic Standard Time on the day on which the support order was made or last varied.

Subsection 13(2) amended: O.I.C. 2013-48, N.S. Reg. 40/2013.

 

       (3)    Despite subsection (2), if the exchange rate referred to in subsection (2) is not reasonably available, the designated authority may apply the exchange rate that was in effect

 

                (a)    on the date on which the foreign order was registered; or

 

                (b)    on a date other than the date on which the foreign order was registered, if the other date is closer to the date on which the foreign order was made or last varied.

 

       (4)    An amount of support that is converted to Canadian currency must be certified on a foreign order by the designated authority, and the amount expressed in Canadian currency is deemed to be the amount of the order.


Declaration of reciprocating jurisdictions

14   The jurisdictions named in Schedule A are declared to be reciprocating jurisdictions for the purposes of Section 54 of the Act.



Schedule A

Reciprocating Jurisdictions


Asia

Europe

Singapore, Republic of

Austria, Republic of

 

Germany, Federal Republic of

Canada

Gibraltar

Alberta

Island of Guernsey

British Columbia

Isle of Man

Manitoba

Norway, Kingdom of

New Brunswick

Poland, Republic of

Newfoundland and Labrador

United Kingdom of Great Britain and Northern Ireland

Northwest Territories

Nunavut

Pacific Ocean

Ontario

Australian Capital Territory

Prince Edward Island

New South Wales

Quebec

Northern Territory

Saskatchewan

South Australia

Yukon Territory

Tasmania

 

Victoria

 

Western Australia

 

Independent State of Papua New Guinea

 

New Zealand (including Cook Islands)

 

 

United States of America

 

United States of America, including the 50 states, the District of Columbia, Guam, Puerto Rico, and the United States Virgin Islands

Schedule A amended: O.I.C. 2013-48, N.S. Reg. 40/2013.