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Family Support Regulations

made under Section 55 of the

Parenting and Support Act

R.S.N.S. 1989, c. 160

O.I.C. 80-1574 (November 25, 1980), N.S. Reg. 181/80

as amended to O.I.C. 2017-143 (April 27, 2017 effective May 26, 2017), N.S. Reg. 84/2017

 

1     These regulations may be cited as the Family Support Regulations.

Section 1 replaced: O.I.C. 2017-143, N.S. Reg. 84/2017.

 

1A  (1)    For the purpose of Section 38 of the Act, the Court, upon the hearing of an application for support pursuant to the Act, may, in those circumstances where the Court considers it appropriate to do so, and having regard for the ability to pay of a person who is obliged to pay support and the ability of the person with the right to support to contribute to his or her own support, order that the amount specified to be paid shall be deemed to be varied, in accordance with increases in the cost of living once in every twelve month period, in the manner prescribed by these regulations.

Subsection 1A(1) amended: O.I.C. 2017-143, N.S. Reg. 84/2017.

 

       (2)    The variation of an order for the periodic payment of support pursuant to Section 38 of the Act and these regulations shall be calculated only for those orders where an order of the Court has been made providing therein for the variation of the Order in accordance with increases in the cost of living.

 

       (3)    In cases other than those referred to in Section 38 of the Act, the Court, upon the hearing of an application for support pursuant to the Act, may, in those circumstances where the Court considers it appropriate to do so, and having regard for the ability to pay of a person who is obliged to pay support and the ability of the person with the right to support to contribute to his or her own support, order that the amount specified to be paid shall be deemed to be varied, in accordance with increases in the cost of living once in every twelve month period, in the manner prescribed by these regulations.

Subsection 1A(3) amended: O.I.C. 2017-143, N.S. Reg. 84/2017.

Section 1A added: O.I.C. 86-915, N.S. Reg. 206/86.

 

2     For the purpose of Section 38 of the Act and Sections 3 to 9 of these regulations

 

                (a)    “cost of living” means the All Items Index for the City of Halifax, as issued from time to time by Statistics Canada;

 

                (b)    “date of the order” means

 

                         (i)     the date of the original order if the order has not been varied, or

 

                         (ii)    the date on which the variation of an order becomes effective if the order has been varied otherwise than pursuant to Section 38 of the Act;

 

                (c)    “a person” includes a child on whose behalf assistance or municipal assistance is paid.

Clause 2(c) amended: O.I.C. 2017-143, N.S. Reg. 84/2017.

Section 2 added: O.I.C. 83-965, N.S. Reg. 188/83.

3     (1)    The variation of an order for the periodic payment of support pursuant to Section 38 of the Act and these regulations shall be calculated once a year and the variation shall be effective on the first day of the third month following the anniversary date of the order.

 

       (2)    Where an order has been varied pursuant to the provisions of these regulations, a new order shall be drawn specifying the amount of the order as varied pursuant to these regulations and the order, when initialled by an officer of the Family Court, shall constitute an order for all purposes of the Parenting and Support Act and these regulations, and may be enforced, varied, suspended or rescinded in like manner as any order for the periodic payment of support made pursuant to the Parenting and Support Act.

Subsection 3(2) amended: O.I.C. 2017-143, N.S. Reg. 84/2017.

Section 3 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

4     (1)    For the purpose of complying with the provisions of Section 38 of the Act, the amount of the payment specified in an order shall be increased by multiplying the amount of the order by the percentage increase in the All Items Index.

 

       (2)    The percentage increase in the All Items Index means

 

All Items Index B2 - All Items Index B1 x 100

All Items Index B1

 

where All Items Index B2 is the index for the month specified in Column “B” of Appendix “A” and the All Items Index B1 is the index for the same month in the previous year.

 

       (3)    For the purpose of determining which All Items Index is applicable to an order, the All Items Index for the month specified in Column “B” of Appendix “A” is applicable to the month specified in Column “A” of Appendix “A”.

Section 4 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

5     The amount of the payment as varied pursuant to Section 38 of the Act and these regulations shall be rounded to the nearest dollar and this rounded payment shall be the payment for the purpose of the Act and these regulations and for the purpose of variances pursuant to Section 38 of the Act.

Section 5 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

6     Where the amount of the payment specified in an order is less than five dollars per month, the provisions of Section 38 of the Act and these regulations shall not apply.

Section 6 added: O.I.C. 83-965, N.S. Reg. 188/83.

 

7     For the purpose of Section 38 of the Act

 

                (a)    an order is made for the benefit of a person who is in receipt of assistance or municipal assistance if, at the time of the making of the order, the person is in receipt of assistance or municipal assistance, or at any time while there is an order in effect pursuant to the Act, the person is in receipt of assistance or municipal assistance;

Clause 7(a) amended: O.I.C. 2017-143, N.S. Reg. 84/2017.

 

                (b)    upon request of the Court, proof of the fact that a person is in receipt of assistance or municipal assistance shall be provided by the Director of Employment Support and Income Assistance in a form and manner designated by the Director.

Clause 7(b) replaced: O.I.C. 2017-143, N.S. Reg. 84/2017.


Clause 7(c) repealed: O.I.C. 2017-143, N.S. Reg. 84/2017.


Section 7 added: O.I.C. 83-965, N.S. Reg. 188/83.


Section 8 repealed: O.I.C. 2017-143, N.S. Reg. 84/2017.


Section 9 repealed: O.I.C. 2017-143, N.S. Reg. 84/2017.

 

10   For the purposes of subsection (1) of Section 54 of the Act, the term “records” does not include records, information, income tax returns, documentation or correspondence associated therewith or any information derived therefrom in the possession and custody of the Minister of Finance and Treasury Board or the Department of Finance and Treasury Board of the Province of Nova Scotia, which has been provided to that Minister or Department pursuant to the Income Tax Act, S.C. 1970 -71 -72, c. 63, the Income Tax Act, R.S.N.S. 1989, c. 217, or which has been provided to that Minister or Department pursuant to a Tax Collection Agreement between Canada and the Province.

Section 10 added: O.I.C. 85-1397, N.S. Reg. 236/85; amended: O.I.C. 2017-143, N.S. Reg. 84/2017.

 

11   For the purpose of Section 32 of the Act, the phrase “some other responsible person” does not include

 

                (a)    the Department of Community Services, Province of Nova Scotia or a member of the staff thereof;

 

                (b)    a municipality, city or incorporated town or a member of the staff thereof including a member of the staff of a social services office of a municipality, city or incorporated town;

 

                (c)    an agency within the meaning of the Children and Family Services Act or a member of the staff thereof,

 

unless the Department, municipality, city, incorporated town, agency or member of the staff thereof has given consent to the payment of support to them on behalf of the person for whose benefit the payment is ordered.

Section 11 added: O.I.C. 86-762, N.S. Reg. 151/86.