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For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

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Interjurisdictional Support Orders Regulations

made under Sections 54 and 55 of the

Interjurisdictional Support Orders Act

S.N.S. 2002, c. 9

O.I.C. 2003-133 (effective March 31, 2003), N.S. Reg. 73/2003

amended to O.I.C. 2023-16 (effective January 24, 2023), N.S. Reg. 14/2023

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Application for support order

Application for support-variation order

Order respecting support variation made in absence of respondent

Reciprocating jurisdiction requesting further information or documents

Providing copies of order from reciprocating jurisdiction

Service if respondent habitually resides in Nova Scotia

Information required from respondent habitually resident in Nova Scotia

Forwarding copy of support order from reciprocating jurisdiction

Service of foreign order notices

Service of decision or order respecting foreign order

Conversion of amount of support expressed in non-Canadian currency

Declaration of reciprocating jurisdictions

Schedule A—Reciprocating Jurisdictions

Citation

1 These regulations may be cited as the Interjurisdictional Support Orders Regulations .

Definitions

(1) For the purpose of these regulations,

“Act” means the Interjurisdictional Support Orders Act ;

“application” means a support application or a support-variation application, as the

context requires;

“court” means a Nova Scotia court, as defined in clause 2(

f) of the Act;

“foreign order” means a support order made in a reciprocating jurisdiction outside of

Canada;

“order” includes reasons for the order, if any;

“support application” means an application made by a claimant pursuant to

subsection 6(2) of the Act for a support order to be made in a reciprocating

jurisdiction; and

“support-variation application” means an application made by an applicant pursuant

to subsection 29(2) of the Act for a variation order to be made in a reciprocating

jurisdiction.

(2) Words and expressions that are used in clause 9(1)(

b) and that are not defined in

these regulations have the meanings assigned to them under the Income Tax Act

(Canada).

Application for support order

(1) In addition to the information required by subsection 6(2) of the Act, a claimant’s

support application must be in the form required by the designated authority and

include

(

a) all financial and other information specified in the support application form;

and

(

b) any other information or documents required by the reciprocating jurisdiction.

(2) In addition to meeting the requirements of subsection 7(1) of the Act for submission

of a support application, a claimant must submit 3 additional copies of the support

application to the designated authority if requested by a reciprocal jurisdiction.

(3) The designated authority is authorized to transmit information, forms or documents

required by the Act and regulations in electronic format.

Application for support-variation order

(1) In addition to the information required in the document under subsection 29(3) of the

Act, an applicant’s support-variation application must be in the form required by the

designated authority and include

(

a) all financial and other information specified in the support-variation application

form; and

(

b) any other information or documents required by the reciprocating jurisdiction.

(2) [repealed]

(3) In addition to meeting the requirements of subsection 30(1) of the Act for

submission of a support-variation application, an applicant must submit 3 additional

copies of the support-variation application to the designated authority if requested by

a reciprocal jurisdiction.

(4) The designated authority is authorized to transmit information, forms or documents

required by the Act and regulations in electronic format.

Order respecting support variation made in absence of respondent

5 For the purposes of subsection 39(2) of the Act, a copy of an order respecting a support-variation application made in the absence of a respondent must be sent

(

a) to the respondent by regular mail at their last known address on the court file;

and

(

b) to the designated authority.

Reciprocating jurisdiction requesting further information or documents

(1) For the purposes of subsections 7(3) and 30(3) of the Act, if a reciprocating

jurisdiction requests further information or documents, a claimant or applicant must

provide the information or documents in the manner required by the designated

authority.

(2) If a claimant or applicant provides information or documents requested by a

reciprocating jurisdiction as part of, or attached as exhibits to, a sworn document, the

designated authority must forward the original sworn document, or a copy, to the

appropriate authority in the reciprocating jurisdiction that requested it.

Providing copies of order from reciprocating jurisdiction

7 For the purposes of subsections 7(4) and 30(4) of the Act, a copy of an order received

from a reciprocating jurisdiction must be sent

(

a) to a claimant or applicant at the address specified on the application or the

most current e-mail address provided by the claimant or applicant;

(

b) to the court by sending it to the clerk of the court nearest to the address to

which the order is sent to the claimant or applicant under clause (a).

Service if respondent habitually resides in Nova Scotia

(1) For the purposes of subsections 10(1) and 34(1) and

Section 35 of the Act, service

on a respondent may be by personal service or by regular or registered mail to the

respondent’s last known address.

(2) For the purposes of subsection 15(2) of the Act, a copy of an order made in the

absence of a respondent must be sent

(

a) to the respondent by regular mail at the respondent’s last known address as

noted on the court file; and

(

b) to the designated authority.

Information required from respondent habitually resident in Nova Scotia

(1) A notice referred to in clause 10(1)(b), 34(1)(

b) or 35(1)(

b) of the Act must require a

respondent to provide the following information and documents to the court

specified in the notice within 20 days after service of the notice on the respondent:

(

a) a statement setting out the respondent’s name and address for service;

(

b) a statement of the financial circumstances of the respondent at the time the

statement is made, containing the details of the respondent’s income, income

sources, expenses, assets and debts, and including

(

i) a copy of every personal income tax return filed by the respondent for

each of the 3 most recent taxation years,

(ii) a copy of every notice of assessment and re-assessment issued to the

respondent for each of the 3 most recent taxation years,

(iii) if the respondent is an employee, the most recent statement of earnings

indicating the total earnings paid in the year to date, including overtime

pay or, if such a statement is not provided by the employer, a letter from

the respondent’s employer setting out that information including the

respondent’s rate of annual salary or remuneration,

(iv) if the respondent is self-employed, for the 3 most recent taxation years

(

A) the financial statements of the respondent’s business or

professional practice, other than a partnership, and

(

B) a statement showing a breakdown of all salaries, wages,

management fees or other payments or benefits paid to, or on

behalf of, persons or corporations with whom the respondent does

not deal at arm’s length,

(

v) if the respondent is a partner in a partnership, confirmation of the

respondent’s income and draw from, and capital in, the partnership for its

3 most recent taxation years,

(vi) if the respondent controls a corporation, for its 3 most recent taxation

years

(

A) the financial statements of the corporation and its subsidiaries, and

(

B) a statement showing the breakdown of all salaries, wages,

management fees or other payments or benefits paid to, or on

behalf of, persons or corporations with whom the corporation, and

every related corporation, does not deal at arm’s length,

(vii) if the respondent is a beneficiary under a trust, a copy of the trust

settlement agreement and copies of the trust’s 3 most recent financial

statements, and

(viii) if the respondent receives income from employment insurance, social

assistance, a pension, workers’ compensation, disability benefits or any

other source, the most recent statement of income indicating the amount

of income from the applicable source during the current year, or if such a

statement is not provided, a letter from the applicable source stating the

required information.

(2) In addition to the information required in clause (1)(b), if the application includes a

claim of undue hardship respecting child support under the Provincial Child Support

Guidelines made under the Parenting and Support Act , the statement must include

the names and sources of income of all persons with whom the respondent resides or

with whom the respondent shares living expenses or from whom the respondent

receives any benefit.

(3) In addition to the information required in clause (1)(b), if support for a child over the

age of majority is claimed or is an issue in the application, the statement must

include information about the child’s financial circumstances, and the respondent

must provide information on the child’s other circumstances.

Forwarding copy of support order from reciprocating jurisdiction

10 For the purposes of subsection 18(2) of the Act, a copy of an order made in a

reciprocating jurisdiction must be sent to the clerk of the court.

Service of foreign order notices

(1) For the purposes of subsection 20(1) of the Act, notice of registration of a foreign

order may be given by personal service or by registered mail at the party’s last

known address on the court file.

(1A) If service of a notice cannot be effected in accordance with subsection (1), the notice

may be given to the party by ordinary mail or another mode of delivery to the

address that the clerk of the court determines, based on information in the court file,

to be the party’s address or the address where the notice will come to the attention of

the party.

(1B) For the purpose of subsection 20(2) of the Act, notice sent or delivered in accordance

with subsection (1A) is deemed to have been received by the party, whether or not

the notice is returned to the clerk of the court as undeliverable to the party,

(

a) if sent or delivered within Canada, 10 days after it was sent or delivered; and

(

b) if sent or delivered outside Canada, 21 days after it was sent or delivered.

(2) For the purposes of subsection 20(3) of the Act, a notice of an application under

subsection 20(2) of the Act to set aside registration of a foreign order must include

the date, time, and place of the application and must be served, at least 60 days

before the application is to be heard by the court, on

(

a) the designated authority by personal service or registered mail; and

(

b) the party who claimed or applied for the foreign order

(

i) by registered mail to the party’s last known address on the court file, or

(ii) if there is no address for the party on the court file, by registered mail to

the appropriate authority in the reciprocating jurisdiction that sent the

foreign order.

Service of decision or order respecting foreign order

12 A notice made under subsection 20(7) of the Act of a decision or order of the court

respecting a foreign order must be sent

(

a) to a party

(

i) by regular mail at their last known address on the court file, or

(ii) if there is no address for the party on the court file, to the appropriate

authority of the reciprocating jurisdiction in which the original order was

made; and

(

b) to the designated authority.

Conversion of amount of support expressed in non-Canadian currency

(1) In this Section, “exchange rate” means a rate of exchange established by a bank that

is a member of the Canadian Deposit Insurance Corporation.

(2) For the purposes of Sections 22 and 46 of the Act, when converting an amount of

support into Canadian currency, the designated authority must do all of the

following:

(

a) on or near the registration date,

(

i) convert the foreign support amount by applying the exchange rate that

was in effect at 3:30 p.m. Atlantic Time on the date the support order

was made or last varied, and

(ii) certify on the foreign order the amount calculated under subclause (

i) as

the converted support amount; and

(

b) after converting a foreign support amount in accordance with clause (a),

(

i) set the currency conversion review date,

(ii) adjust the converted amount by applying the applicable exchange rate for

the equivalent amount in Canadian currency applicable to the foreign

order on or near the currency conversion review date,

(iii) certify the amount calculated under subclause (ii) as the converted

support amount as of the currency review date, and

(iv) set a subsequent currency conversion review date, in which case

subclauses (ii) and (iii) apply to the applicable currency conversion

review date.

(3) Despite subsection (2), if the exchange rate referred to in subsection (2) is not

reasonably available, the designated authority may apply the exchange rate that was

in effect

(

a) on the date on which the foreign order was registered; or

(

b) on a date other than the date on which the foreign order was registered, if the

other date is closer to the date on which the foreign order was made or last

varied.

(4) The converted support amount certified on the foreign order by the designated

authority under clause (1)(

a) is deemed to be the amount payable by the debtor as of

the registration date for the purposes of enforcement of the foreign order by the

designated authority until the converted support amount is adjusted by the designated

authority under clause (1)(b).

(5) The converted support amount as adjusted and certified on the foreign order by the

designated authority under clause (1)(

b) is deemed to be the amount of support

payable on and after the 30th day following the applicable currency conversion

adjustment date, subject to a subsequent adjustment under subsection (2).

(6) The designated authority must give notice of an adjustment under subsection (2) to

each party

(

a) by sending the notice to the party; or

(

b) if the party resides in a reciprocating jurisdiction and the support order was sent

to Nova Scotia for registration by an appropriate authority in the reciprocating

jurisdiction, by providing notice to the appropriate authority by ordinary mail

or any other method acceptable to the appropriate authority.

(7) This

Section applies with respect to a converted support amount if its currency

conversion date is on or after the date these regulations come into force.

Declaration of reciprocating jurisdictions

14 The jurisdictions named in

Schedule A are declared to be reciprocating jurisdictions for the

purposes of

Section 54 of the Act.

________________________________________________________________

Schedule A—Reciprocating Jurisdictions

Asia

Europe

Singapore, Republic of

Austria, Republic of

Germany, Federal Republic of

Canada

Gibraltar

Alberta

Island of Guernsey

British Columbia

Isle of Man

Manitoba

Norway, Kingdom of

New Brunswick

Poland, Republic of

Newfoundland and Labrador

United Kingdom of Great Britain and Northern Ireland

Northwest Territories

Nunavut

Pacific Ocean

Ontario

Australian Capital Territory

Prince Edward Island

New South Wales

Quebec

Northern Territory

Saskatchewan

South Australia

Yukon Territory

Tasmania

Victoria

Western Australia

Independent State of Papua New Guinea

New Zealand (including Cook Islands)

United States of America

United States of America, including the 50 states, the

District of Columbia, Guam, Puerto Rico, and the

United States Virgin Islands

Legislative History

Reference Tables

Interjurisdictional Support Orders Regulations

N.S. Reg. 73/2003

Interjurisdictional Support Orders Act

Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Interjurisdictional Support Orders Regulations made under the Interjurisdictional Support Orders Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

73/2003

Mar 31, 2003

date specified

Apr 18, 2003

40/2013

Feb 19, 2013

date specified

Mar 8, 2013

87/2017

May 26, 2017

date specified

May 12, 2017

164/2017

Feb 12, 2018

date specified

Nov 24, 2017

14/2023

Jan 24, 2023

date specified

Feb 10, 2023

The following regulations are not yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

2(1)...................................................

am. 164/2017 (clause letters removed)

3(1)...................................................

rs. 164/2017

3(2)...................................................

am. 164/2017; rs. 14/2023

3(3)...................................................

ad. 14/2023

4(1)...................................................

rs. 164/2017; am. 14/2023

4(2)...................................................

rep. 164/2017

4(3)...................................................

am. 164/2017; rs. 14/2023

4(4)...................................................

ad. 14/2023

5(b)...................................................

am. 14/2023

6(2)...................................................

am. 14/2023

7(a)...................................................

rs. 14/2023

7(b)...................................................

am. 40/2013, 14/2023

8(2)(b)..............................................

am. 14/2023

9 .......................................................

am. 40/2013

9(1)...............................................

am. 14/2023

9(1)(b)..........................................

am. 14/2023

9(1)(b)(iii)....................................

am. 164/2017

9(2)...............................................

am. 87/2017, 14/2023

9(3)...............................................

am. 14/2023

10......................................................

am. 14/2023

11(1).................................................

am. 40/2013

11(1A)..............................................

ad. 40/2013

11(1B)..............................................

ad. 40/2013

12(a)(ii)............................................

am. 14/2023

12(b).................................................

am. 14/2023

13(2).................................................

am. 40/2013; rs. 14/2023

13(4).................................................

rs. 14/2023

13(5)-(7)...........................................

ad. 14/2023

Schedule A.......................................

am. 40/2013

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

(as amended up to 29/1999)

Reciprocating States Declaration Regulations made under the Maintenance Orders Enforcement Act , R.S.N.S. 1989, c. 268

Mar 31, 2003

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.