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Volume 46, No. 2

B.C. Reg. 15/2003

The British Columbia Gazette,

Part II

January 28, 2003

B.C. Reg. 15/2003, deposited January 23, 2003, pursuant to the INTERJURISDICTIONAL SUPPORT ORDERS ACT [Sections 44 (2) (a), (c), (

d) and (

f) and 56]. Order in Council 48/2003, approved and ordered January 23, 2003.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective January 31, 2003,

(1) the Interjurisdictional Support Orders Act , R.S.B.C. 2002, c. 29 is brought into force,

(2) the attached Interjurisdictional Support Orders Regulation is made, and

(3) the following regulations are repealed:

(

a) B.C. Reg. 19/58;

(

b) B.C. Reg. 204/58;

(

c) B.C. Reg. 118/62;

(

d) B.C. Reg. 127/62;

(

e) B.C. Reg. 137/62;

(

f) B.C. Reg. 143/62;

(

g) B.C. Reg. 335/68;

(

h) B.C. Reg. 63/70;

(

i) B.C. Reg. 119/73;

(

j) B.C. Reg. 120/73;

(

k) B.C. Reg. 432/73;

(

l) B.C. Reg. 716/75;

(

m) B.C. Reg. 391/78;

(

n) B.C. Reg. 26/99;

(

o) B.C. Reg. 403/99. — P. G. PLANT, Attorney General and Minister Responsible for Treaty Negotiations; C. CLARK, Presiding Member of the Executive Council.

INTERJURISDICTIONAL SUPPORT ORDERS REGULATION

Contents

Definitions

Required information — sections 9 (4) and 29

(4) Notice under

section 19 (2)

Required information —

section 25

Currency conversion —

section 39

Reciprocating jurisdiction

Definitions

1 In this regulation, "Act" means the Interjurisdictional Support Orders Act .

Required information — sections 9 (4) and 29

(4) 2 The notice referred to in sections 9 (4) and 29 (4) of the Act must require a respondent to provide the following:

(

a) the respondent's response to the support application or the support variation application, as the case may be;

(

b) one of the following forms, sworn by the respondent:

(

i) if the notice relates to a support application, or a support variation application in Provincial Court, Form 4 "Financial Statement" set out in the Provincial Court (Family) Rules, B.C. Reg. 417/98;

(ii) if the notice relates to a support variation application in Supreme Court, Form 89, "Financial Statement", set out in the Supreme Court Rules, B.C. Reg. 221/90.

Notice under

section 19 (2)

(1) Notice of an application to set aside the registration of a foreign order under

section 19 of the Act must include the following information:

(

a) which of the circumstances referred to in

section 19 (3) (b) (i), (ii) or (iii) of the Act the applicant is relying on to set aside the registration of the foreign order;

(

b) the evidence on which the applicant is relying to support his or her application to set aside the registration of the foreign order.

(2) For the purposes of

section 19 (2) of the Act, an applicant must

(

a) serve notice of an application to set aside the registration of a foreign order on the designated authority by certified mail at least 30 days before the date the application is to be heard by the court, and

(

b) at least 10 days before the hearing, file proof of the service of the notice with the court in which the application is to be heard, in accordance with the rules of that court.

Required information —

section 25

4 For the purposes of

section 25 (3) (

e) of the Act, the applicant must include a 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 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.

Currency conversion —

section 39

5 For the purposes of

section 39 of the Act, the designated authority must convert an amount that is not expressed in Canadian currency by applying the rate of conversion, as determined by the Provincial Treasury, that was applicable on

(

a) the date the order was made, if the order has not been varied,

(

b) the date of the last variation of the order, if the order has been varied, or

(

c) the date the document was executed, if the document is not an order.

Reciprocating jurisdiction

6 Pursuant to

section 44 (3) of the Act, each jurisdiction referred to in the following

Schedule is a reciprocating jurisdiction:

Schedule

ITEM

JURISDICTION

Africa

South Africa, Republic of

Zimbabwe, Republic of

Europe

Austria, Republic of

Germany, Federal Republic of

Gibraltar

Norway, Kingdom of

United Kingdom of Great Britain and of Northern Ireland

Canada

Alberta

Manitoba

New Brunswick

Newfoundland and Labrador

Northwest Territories

Nova Scotia

Nunavut

Ontario

Prince Edward Island

Quebec

Saskatchewan

Yukon Territory

United States of America

United States of America, including the District of Columbia, Puerto Rico, Guam, American Samoa, the United States Virgin Islands and any other jurisdiction of the United States of America participating in Title IV-D of the Social Security Act (U.S.A.)

Asia

Hong Kong, Special Administrative Region

Singapore, Republic of

Pacific Ocean

Australian Capital Territory

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Victoria

Western Australia

Fiji

Independent State of Papua New Guinea

New Zealand (including Cook Islands)

Caribbean

Island of Barbados and its Dependencies

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