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Part II .

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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.

(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.

(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 B 2 - All Items Index B 1 x 100

All Items Index B 1

where All Items Index B 2 is the index for the month specified in Column “B” of

Appendix “A” and the All Items Index B 1 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.