THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, MONDAY, MAY 1, 2006 NEWFOUNDLAND AND LABRADOR REGULATION 38/06

Extraordinary Gazette May 1, 2006 3 NEWFOUNDLAND AND LABRADOR REGULATION 38/06 Child Support Guidelines Regulations (Amendment) under the Family Law Act (O.C. 2006 - 190) (Filed May 1, 2006) Under the authority of

section 85 of the Family Law Act, the Lieu- tenant-Governor in Council makes the following regulations. Dated at St. John’s, May 1, 2006. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.7 Amdt. Special or extraordinary ex- penses 2. S.18 R&S Non-resident 3. Sch. A Amdt. Comparison of Household Standards of Living Test 4. Commencement. 1. Second 7 of the Child Support Guidelines Regulations is amended by adding immediately after subsection (1) the following: NLR 40/98 as amended

Child Support Guidelines Regulations (Amendment) 38/06 Extraordinary Gazette May 1, 2006 4

(1.1) For the purposes of paragraphs (1)(

d) and (f), the term "ex- traordinary expenses" means (

a) expenses that exceed those that the spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that spouse's income and the amount that the spouse would receive unde r the applicable table or, where the court has determined that the table amount is in- appropriate, the amount that the court has otherwise deter- mined is appropriate; or (

b) where paragraph (

a) is not applicable, expenses that the court considers are extraordinary taking into account (

i) the amount of the expense in relation to the income of the spouse requesting the amount, including the amount that the spouse would receive under the applicable table or, where the court has determined the table amount is inappropriate, the amount that the court has otherwise determined is appropriate, (ii) the nature and number of the educational programs and extracurricular activities, (iii) special needs and talents of the child or children, (iv) the overall cost of the programs and activities, and (

v) other similar factor that the court considers relevant.

Section 18 of the regulations is repealed and the following substituted: 18.

(1) Where a spouse is a non-resident of Canada, the spouse's annual income is determined as though the spouse were a resident of Canada.

(2) Notwithstanding subsection (1), where a spouse is a non- resident of Canada and resides in a country that has effective rates of income tax that are significantly higher than those applicable in the province in which the other spouse ordinarily resides, the spouse's an- nual income is the amount that the court determines to be appropriate taking those rates into consideration. Non-resident

Child Support Guidelines Regulations (Amendment) 38/06 Extraordinary Gazette May 1, 2006 5 3. Step 1 of the

section 2 of

Schedule A of the regulations is repealed and the following substituted: STEP 1 Establish the annual income of eac h person in each household by ap- plying the formula A - B - C where A = is the person’s income determined under sections 15 to 20 of these guidelines, B = is the federal and provincial taxes payable on the person’s taxable income, and C = is the person's source deductions for premiums paid under the Employment Insurance Act (Canada) and contributions made to the Canada Pension Plan (Canada) and the Quebec Pension Plan.

Where the information on which to base the income determination is not provided, the court may impute income in the amount it considers appropriate. 4. These regulations come into force on May 1, 2006. ©Earl G. Tucker, Queen's Printer Commencement

7 ST. JOHN'S, MONDAY, MAY 1, 2006 Index Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Family Law Act Child Support NLR 38/06 Amends May 1/06 p. 3 Guidelines Regulations NLR 40/.98 (Amdt) S. 7 Amdt. S. 18 R & S Sch. A Amdt.