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NEWFOUNDLAND

AND

LABRADOR

REGULATION 48/03

Interjurisdictional Support Orders Regulations

under the

Interjurisdictional Support Orders Act

(O.C. 2003-197)

(Filed

April 25, 2003

Under the authority of

section 47 of the Interjurisdictional Support Orders Act

, the Lieutenant-Governor in Council makes the following regulations.

Dated at

St. Johns

April 25, 2003

Deborah E. Fry

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definitions

Reciprocating jurisdictions

Form of applications

Further information on applications

Service of application on respondent

Providing copies of order

Where provisional order required

Copy of order

Foreign orders

Where provisional order of variation required

Foreign currency

CNLR 28/96 Rep.

Schedule

Short title

These regulations may be cited as the

Interjurisdictional Support Orders Regulations.

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Definitions

In these regulations, "Act" means the Interjurisdictional Support Orders Act

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Reciprocating jurisdictions

The jurisdictions listed in the

Schedule are declared to be reciprocating jurisdictions for the purpose of the Act.

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Form of applications

(1) A claimants support application under subsection 6(2) of the Act shall be in the form required by the designated authority and include

(

a) the

financial and other information required in the support application form; and

(

b) the

other information or documents that may be required by the reciprocating jurisdiction.

(2) An applicants support variation application under subsection 25(2) of the Act shall be in the form required by the designated authority and include

(

a) the

financial and other information required in the support variation application form; and

(

b) the

other information or documents that may be required by the reciprocating jurisdiction.

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Further information on applications

(1) For the purpose of subsection 7(3) of the Act, where a reciprocating jurisdiction requests further information or documents on a support application, the claimant shall provide the information or documents to the designated authority in the form required by the designated authority.

(2) For the purpose of subsection 26(3) of the Act, where a reciprocating jurisdiction requests further information or documents on a support variation application, the applicant shall provide the information or documents to the designated authority in the form required by the designated authority.

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Service of application on respondent

(1) An application or notice to be served on a respondent by the designated authority under subsection 10(1) or 30(1) of the Act shall be served

(

a) personally

; or

(

b) registered mail.

(2) A notice served on the respondent by the designated authority under paragraph 10(1)(

b) or 30(1)(

b) of the Act shall require the respondent to file a response with the court, together with a financial statement, in the form required by the designated authority.

(3) There shall be at least 30 days between

(

a) the

date of service of the application and notice; and

(

b) the

date set out in the notice for hearing the application.

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Providing copies of order

For the purpose of subsection 7(4) or 26(4) of the Act, the designated authority who receives an order from a reciprocating jurisdiction shall send a copy of the order and reasons, if any, to the claimant or applicant by ordinary mail at the address specified on the support application or the most current address provided by the claimant or applicant.

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Where provisional order required

(1) Where

a reciprocating jurisdiction requires a provisional order referred to in

section 8 of the Act, the claimant shall

(

a) apply

for the order by completing the support application referred to in subsection 6(2) of the Act, which

(

i) in the form required by the designated authority, and

(ii)

includes

the documents referred to in subsection 4(1) of these regulations; and

(

b) submit

the support application and a proposed provisional order to the court.

(2) The support application, including the documents referred to in subparagraph (1 )(

a)(ii), is evidence in the proceeding.

(3) Unless otherwise directed by the court, an application for a provisional order may proceed without an appearance by the claimant.

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Copy of order

(1) The designated authority shall send a certified copy of an order to the appropriate authority under

section 16 or 35 of the Act by

(

a) facsimile

transmission; or

(

b) ordinary

mail.

(2) Where

the court makes an order in the absence of the respondent under subsection 15(4) or 34(4) of the Act, the court shall send a copy of the order to the respondent by ordinary mail at the respondent's last known address as noted on the court file.

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Foreign orders

(1) For the purpose of subsection 20(1) of the Act, the designated authority shall deliver notification of the registration of a foreign order

(

a) personally

; or

(

b) registered mail.

(2) Where a party to a foreign order wishes to apply under subsection 20(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 shall

(

a) serve

notice of the application on the desig nated authority

(

i) personally

(ii)

facsimile transmission, or

(iii)

registered mail; and

(

b) file

the application, with proof of service on the designated authority, in the court at the judicial centre nearest to the partys residence.

(3) Unless the designated authority consents to an earlier date for hearing the application mentioned in subsection (2), there shall be at least 30 days between

(

a) the

date of service of the application; and

(

b) the

date set for hearing the application.

(4) For the purpose of subsection 20(6) of the Act, the party who applies to set aside the registration of a foreign order shall give notice of the decision or order of the court to the other party and to the designated authority

(

a) facsimile transmission; or

(

b) ordinary mail.

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Where provisional order of variation required

(1) Where

a reciprocating jurisdiction requires a provisional order of variation referred to in

section 28 of the Act, the applicant shall

(

a) apply

for the order by completing the support variation application referred to in subsection 25(2) of the Act, which

(

i) in the form required by the designated authority, and

(ii)

includes

the documents referred to in subsection 4(2) of these regulations; and

(

b) submit

the support variation application and a proposed provisional variation order to the court.

(2) The support variation application, including the documents referred to in subparagraph (1 )(

a)(ii), is evidence in the proceeding.

(3) Unless otherwise directed by the court, an application for a provisional order of variation may proceed without an appearance by the applicant.

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Foreign currency

(1) For the purpose of

section 42 of the Act, where 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 a bank.

(3) Where 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 considered to be the amount of the foreign order.

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CNLR 28/96 Rep.

The

Reciprocal Enforcement of Support Orders Regulations

, Consolidated Newfoundland and Labrador Regulation 28/96, are repealed.

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Schedule

Canada

Alberta

British Columbia

Manitoba

New Brunswick

Northwest Territories

Nova Scotia

Nunavut

Ontario

Prince Edward Island

Quebec

Saskatchewan

Yukon

United States of America

All

States

American Samoa

District of Columbia

Guam

Puerto Rico

Virgin Islands

United Kingdom

England

Guernsey

Isle of Man

Jersey

Northern Ireland

Scotland

Wales

Europe

Austria

Czech

Republic

Germany

Malta

Norway

Poland

Africa

Zimbabwe

Asia

Singapore

Pacific Ocean

Australia

Papau New

Guinea

New Zealand

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