Interjurisdictional Support Orders Act
Consolidated act- Citation
- S.N.W.T. 2002, c.19
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- Children's Law Act, s.69
- Court Services Fees Regulations, s.5 → #sec_9
- Court Services Fees Regulations, s.5 → #sec_9
- Court Services Fees Regulations, s.5 → #sec_9
- Court Services Fees Regulations, s.5 → #sec_9
- Interjurisdictional Support Orders Regulations, s.1
- Interjurisdictional Support Orders Regulations, s.3 → #sec_5__subsec_2
- Interjurisdictional Support Orders Regulations, s.4 → #sec_6__subsec_3
- Interjurisdictional Support Orders Regulations, s.5 → #sec_6__subsec_4
- Interjurisdictional Support Orders Regulations, s.6 → #sec_7
- Interjurisdictional Support Orders Regulations, s.7 → #sec_9__subsec_1
- Interjurisdictional Support Orders Regulations, s.8 → #sec_14
- Interjurisdictional Support Orders Regulations, s.9 → #sec_19
- Interjurisdictional Support Orders Regulations, s.9 → #sec_20__subsec_1
- Interjurisdictional Support Orders Regulations, s.10 → #sec_20__subsec_1
- Interjurisdictional Support Orders Regulations, s.11 → #sec_20__subsec_2
- Interjurisdictional Support Orders Regulations, s.11 → #sec_20__subsec_1
- Interjurisdictional Support Orders Regulations, s.12 → #sec_25__subsec_2
- Interjurisdictional Support Orders Regulations, s.13 → #sec_26__subsec_3
- Interjurisdictional Support Orders Regulations, s.14 → #sec_26__subsec_4
- Interjurisdictional Support Orders Regulations, s.15 → #sec_27
- Interjurisdictional Support Orders Regulations, s.16 → #sec_29__subsec_1
- Interjurisdictional Support Orders Regulations, s.17 → #sec_35
- Interjurisdictional Support Orders Regulations, s.17 → #sec_20__subsec_1
- Interjurisdictional Support Orders Regulations, s.18 → #sec_33
- Interjurisdictional Support Orders Regulations, s.20
- Maintenance Orders Enforcement Act, s.1
- Maintenance Orders Enforcement Act, s.3.1 → #sec_20__subsec_2
- Maintenance Orders Enforcement Act, s.5
- Reciprocal Enforcement of Judgments Act, s.1
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
Definitions
1.In this Act,
"appropriate authority" means the person in a reciprocating jurisdiction who corresponds to the designated authority in the Northwest Territories; (autorité compétente)
"certified copy", in relation to an order of a court or a transcript of evidence heard by a court, means a copy of the order or transcript certified by the clerk of that court to be a true copy; (copie certifiée conforme)
"claimant" means a person who applies for support under Part 1 of this Act; (demandeur)
"clerk" means a person who has the authority of a clerk or registrar of the court; (greffier)
"designated authority" means
(a) the person or persons appointed under subsection 37(1); or
(b) a person to whom a power or duty is delegated under subsection 37(2); (autorité désignée)
"former Act" means the Maintenance Orders (Facilities for Enforcement) Act, R.S.N.W.T. 1988, c.M-3; (ancienne loi)
"Northwest Territories court" means a court designated under section 2; (tribunal des Territoires du Nord- Ouest)
"provisional order" means
(a) a support order of a court in the Northwest Territories that has no force or effect until confirmed by a court in a reciprocating jurisdiction; or
(b) a similar order made in a reciprocating jurisdiction and received for confirmation in the Northwest Territories; (ordonnance conditionnelle)
"provisional variation order" means
(a) an order of a court in the Northwest Territories that varies a support order and that has no force or effect until confirmed by a court in a reciprocating jurisdiction; or
(b) a similar order made in a reciprocating jurisdiction and received for confirmation in the Northwest Territories; (ordonnance modificative conditionnelle)
"reciprocating jurisdiction" means a jurisdiction declared in the regulations to be a reciprocating jurisdiction; (État pratiquant la réciprocité)
"support" includes maintenance and alimony; (aliments)
"support order" means
(a) a court order requiring the payment of support or providing that no support is to be paid; or
(b) unless otherwise provided in this Act, the provisions of a written agreement requiring the payment of support or providing that no support is to be paid, if those provisions are enforceable in the jurisdiction in which the agreement was made as if they were contained in an order of a court of that jurisdiction. (ordonnance alimentaire)
Designation of court
2.The Minister may, by regulation, designate a court or courts in the Northwest Territories for the purpose of proceedings and registration of support orders under this Act.
PART 1
CLAIMS WHERE NO ORDER EXISTS
Definition: "respondent"
3.In this Part, "respondent" means the person against whom support is sought. (défendeur)
Application of Part 1
4.Unless otherwise provided in this Act, this Part does not apply if there is an existing court order requiring the respondent to pay support, or providing that no support is to be paid by the respondent, for any person for whom support is claimed. Division 1 Claimant Ordinarily Resident in the Northwest Territories
Support application
5.(1) If a claimant is ordinarily resident in the Northwest Territories and believes that the respondent is ordinarily resident in a reciprocating jurisdiction, the claimant may start a process in the Territories that could result in a support order being made in the reciprocating jurisdiction.
(2) To start a process, the claimant shall complete a support application that includes the following:
(a) the name and address for service of the claimant;
(b) a copy of the specific statutory or other legal authority on which the claimant’s application for support is based, unless the claimant is relying on the law of the jurisdiction where the respondent is ordinarily resident;
(c) the amount and nature of support claimed;
(d) a sworn document setting out the following:
(i) the name and any information known to the claimant that can be used to locate or identify the respondent;
(ii) the financial circumstances of the respondent, to the extent known by the claimant;
(iii) the name of each person for whom support is claimed and the date of birth of any child for whom support is claimed;
(iv) the evidence in support of the claimant’s application that is relevant to establishing entitlement to or the amount of support, including,
(A) where support is claimed for a child, details of the parentage of the child and information about the child’s financial and other circumstances, and
(B) where support is claimed for the claimant, information about the claimant’s financial and other circumstances and the claimant’s relationship with the respondent;
(e) any other information or documents required by the regulations.
(3) The claimant is not required to notify the respondent that a process has been started under this section.
Provision of information and documents
6.(1) The claimant shall submit the support application to the designated authority in the Northwest Territories, accompanied by a certified translation if required by the appropriate authority in the reciprocating jurisdiction in which the claimant believes the respondent is ordinarily resident.
(2) On receiving a support application, the designated authority shall
(a) review the support application to ensure that it is complete; and
(b) forward a copy of the completed application to the appropriate authority in the reciprocating jurisdiction in which the claimant believes the respondent is ordinarily resident.
(3) On receiving a request for further information or documents from a reciprocating jurisdiction under provisions of an enactment in that jurisdiction that correspond to paragraph 10(2)(a), the claimant shall, in accordance with the regulations, provide the further information or documents within the time referred to in the request.
(4) On receiving a certified copy of an order and reasons, if any, from a reciprocating jurisdiction under provisions of an enactment in that jurisdiction that correspond to section 15, the designated authority shall, in accordance with the regulations, provide a copy of the order and reasons, if any, to the claimant, and if the Northwest Territories court has made a provisional order, to the Northwest Territories court.
Provisional orders
7.(1) Where the respondent is ordinarily resident in a reciprocating jurisdiction that requires a provisional order, the Northwest Territories court may, on application by a claimant and without notice to and in the absence of a respondent, make a provisional order taking into account the specific statutory or other legal authority on which the claimant’s application for support is based.
(2) An application under this section must be commenced in accordance with the regulations, and must include the information and documents described in subsection 5(2).
(3) Evidence in proceedings under subsection (1) may be given orally or in writing, as the court may allow.
(4) If a provisional order is made, the clerk of the Northwest Territories court shall provide to the designated authority, and the designated authority shall send to the appropriate authority in the reciprocating jurisdiction,
(a) three certified copies of the provisional order;
(b) the support application referred to in subsection 5(2), together with any other materials filed; and
(c) if the court received oral evidence in support of the application for a provisional order, a certified copy of the transcript of that evidence.
(5) If, during a proceeding for confirmation of a provisional order, a court in a reciprocating jurisdiction remits a matter back for further evidence to the Northwest Territories court that made the provisional order, the Northwest Territories court shall request further evidence from the claimant.
(6) If evidence is received under subsection (5), the clerk of the Northwest Territories court shall provide to the designated authority, and the designated authority shall send to the court in the reciprocating jurisdiction,
(a) a certified copy of the evidence; and
(b) if the Northwest Territories court modifies the provisional order, three certified copies of the provisional order as modified.
(7) If a provisional order made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is sought, the Northwest Territories court that made the provisional order may, on application made within six months after the denial of confirmation, reopen the matter, receive further evidence and make a new provisional order for a person with respect to whom confirmation of the previous provisional order was denied.
Division 2 Claimant Ordinarily Resident Outside the Northwest Territories
Definition:
8.In this Division, "support application" means
(a) a provisional order referred to in paragraph (b) of the definition "provisional order" in section 1; or
(b) documents from a reciprocating jurisdiction that correspond to a support application described in subsection 5(2). (demande alimentaire)
Notice of hearing
9.(1) Subject to subsections (2) and (3), if the designated authority receives a support application from an appropriate authority in a reciprocating jurisdiction with information that the respondent named in the support application ordinarily resides in the Northwest Territories, the designated authority shall
(a) file the support application with the Northwest Territories court; and
(b) endeavour to serve on the respondent, in accordance with the regulations,
(i) a copy of the support application; and
(ii) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations.
(2) If the designated authority has not served the respondent under paragraph (1)(b) and knows or believes that the respondent is ordinarily resident in another reciprocating jurisdiction in Canada, the designated authority shall forward the support application to the appropriate authority in that other reciprocating jurisdiction, and shall notify the appropriate authority in the originating reciprocating
(3) If the designated authority
(a) is unable to determine whether the respondent is ordinarily resident in the Northwest Territories; or
(b) knows or believes that the respondent is ordinarily resident in a jurisdiction outside Canada,
the designated authority shall return the support application to the appropriate authority in the originating reciprocating jurisdiction with any available information respecting the location and circumstances of the respondent.
(4) If the Northwest Territories court is satisfied, on considering an application made by the designated authority, that the respondent ordinarily resides in the Northwest Territories but is evading service, the court may order substitutional service on the respondent or may dispense with service on the respondent, as the court considers appropriate.
Information to be considered by
10.(1) In making a support order, the Northwest Territories court shall consider
(a) the evidence given or submitted to the Northwest Territories court; and
(b) the information and documents forwarded from the reciprocating jurisdiction.
(2) If the Northwest Territories court requires further information or documents from the claimant before it can make a support order, the Northwest Territories court
(a) shall direct the designated authority to contact the claimant or the appropriate authority in the reciprocating jurisdiction to request the information or documents;
(b) shall adjourn the hearing; and
(c) may, if the court considers it appropriate, make an interim support order.
(3) If the information or documents requested under subsection (2) are not received by the Northwest Territories court within 18 months after the date of the request, the Northwest Territories court may dismiss the support application and terminate an interim support order made under paragraph (2)(c).
(4) The dismissal of a support application under subsection (3) does not preclude the claimant from commencing a new support application.
Parentage
11.(1) If the parentage of a child is in issue and has not previously been determined, the Northwest Territories court may decide that issue.
(2) A determination of parentage under this section has effect only for the purposes of support proceedings under this Act.
Support for child
12.(1) In determining the entitlement to support for a child, the Northwest Territories court shall first apply the law of the jurisdiction in which the child is ordinarily resident, but if under that law the child is not entitled to support, the Northwest Territories court shall apply the law of the Northwest Territories.
(2) In determining the entitlement to and the amount of support for a party other than a child, the Northwest Territories court shall first apply the law of the Northwest Territories, but if under that law the party is not entitled to support, the Northwest Territories court shall apply the law of the jurisdiction in which the claimant and the respondent last maintained a common habitual residence.
(3) In determining the amount of support to be paid for a child, the Northwest Territories court shall apply the law of the Northwest Territories.
Order
13.(1) On the conclusion of a hearing, the Northwest Territories court may, in respect of a claimant or a child, or both,
(a) make a support order;
(b) make an interim support order and adjourn the hearing to a specified date;
(c) adjourn the hearing to a specified date without making an interim support order; or
(d) refuse to make a support order.
(2) The Northwest Territories court may make a retroactive support order.
(3) A support order may require support to be paid in periodic payments or as a lump sum, or both.
(4) The Northwest Territories court shall give reasons for a refusal to make a support order.
Order where notice not complied with
14.(1) If the respondent does not appear as required in the notice or does not provide the information or documents required under paragraph 9(1)(b), the Northwest Territories court may make an order in the absence of the respondent or of the information or documents, and in making the order the Northwest Territories court may draw any inference it considers appropriate.
(2) If the Northwest Territories court makes an order in the absence of the respondent, the clerk shall send a copy of the order to the respondent.
Forwarding order to reciprocating jurisdiction
15.The designated authority shall forward a certified copy of an order under this Division and reasons, if any, to the appropriate authority in the reciprocating jurisdiction that forwarded the claimant’s support application.
PART 2
REGISTRATION AND ENFORCEMENT OF
ORDERS MADE OUTSIDE
THE NORTHWEST TERRITORIES
Definitions: "extra- territorial order", "foreign order"
16.In this Part,
"extra-territorial order" means a support order made by a court in a reciprocating jurisdiction in Canada and includes an interim support order and a support order that varies a previous support order, but does not include a provisional order or a provisional variation order; (ordonnance extraterritoriale)
"foreign order" means a support order made by a court in a reciprocating jurisdiction outside Canada and includes an interim support order and a support order that varies a previous support order, but does not include a provisional order or a provisional variation order. (ordonnance étrangère)
Forwarding order to designated authority
17.(1) A person who seeks to register or enforce an extra-territorial or foreign order in the Northwest Territories must forward the order to the designated authority in the Territories.
(2) On receiving a certified copy of an extra-territorial order or a foreign order, the designated authority in the Northwest Territories shall forward a copy of the order to the clerk of the Northwest Territories court, in accordance with the regulations.
Registration
18.(1) Subject to subsection (2), subsection 19(1) and subsection 42(3), on receiving an extra-territorial order or foreign order from the designated authority under section 17 or section 29, the clerk of the Northwest Territories court shall register the order as an order of that court.
(2) Where an order received for registration under this section contains matters or forms part of a judgment that deals with matters other than a support order, the order shall be registered in respect of only those matters that constitute the support order.
(3) On being registered, the extra-territorial order or foreign order
(a) has, from the date it is registered, the same effect as if it were a support order made by a Northwest Territories court; and
(b) subject to subsection (6), may, both with respect to arrears accrued before registration and with respect to obligations accruing after registration, be enforced or varied as provided in this Act, whether the order is made before or after the coming into force of this Act.
(4) Where an extra-territorial or a foreign order is registered under this section, the clerk of the Northwest Territories court shall file the order with the Maintenance Enforcement Administrator in accordance with section 5 of the Maintenance Orders Enforcement Act.
(5) Subject to subsection (6), an order that is registered under this section and filed with the Maintenance Enforcement Administrator shall be enforced in the Northwest Territories in accordance with the Maintenance Orders Enforcement Act.
(6) A foreign order that is registered under this section and filed with the Maintenance Enforcement Administrator shall not be enforced until
(a) the 30-day period provided in subsection 20(2) has expired without an application being made under that subsection to set aside the registration; or
(b) any application under subsection 20(2) has been finally disposed of.
Foreign order expressed in non-Canadian currency
19.(1) If a foreign order refers to an amount of support that is not expressed in Canadian currency, the order shall not be registered under section 18 until the clerk of the Northwest Territories court has determined and certified on the order, in accordance with the regulations, the equivalent of that amount in Canadian currency.
(2) On the registration of a foreign order in accordance with subsection (1), the order shall be deemed to be an order for payment in Canadian currency of the amount so certified.
Notice of registration of foreign order
20.(1) After the registration of a foreign order under section 18, the designated authority shall, in accordance with the regulations, give notice of the registration of the order to any party to the order believed to be ordinarily resident in the Northwest Territories.
(2) A party to the order may apply, in accordance with the regulations, to the Northwest Territories court to set aside the registration of the foreign order within 30 days after receiving notice of the registration of the foreign order.
(3) On an application under subsection (2), the Northwest Territories court may
(a) confirm the registration; or
(b) set aside the registration
(i) on the grounds that in the proceeding in which the foreign order was made, a party to the order did not have proper notice or a reasonable opportunity to be heard,
(ii) on the grounds that the foreign order is contrary to the public policy of the Northwest Territories,
(iii) on the grounds that the court that made the foreign order did not have jurisdiction to make the order, or
(iv) on such other grounds as the Northwest Territories court may consider just.
(4) If the Northwest Territories court sets aside the registration, it shall give reasons for its decision.
(5) For the purposes of subparagraph (3)(b)(iii), a court has jurisdiction
(a) if both parties to the order were ordinarily resident in the reciprocating jurisdiction outside Canada when the order was made; or
(b) if a party, who was not ordinarily resident in the reciprocating jurisdiction outside Canada, was subject to the jurisdiction of the court that made the order when the order was made.
(6) The clerk of the Northwest Territories court shall, in accordance with the regulations, give notice of a decision or order of the Northwest Territories court to the designated authority.
Effect of setting aside
21.(1) If the registration of a foreign order is set aside, the foreign order received under this Part must, at the request of the party applying to register the order, be dealt with under this Act as if the foreign order were a document corresponding to a support application received under subsection 9(1) or a support variation application received under subsection 29(1).
(2) If the foreign order does not contain the necessary information or documents required for a support application, the designated authority shall request them from the claimant or from the appropriate authority of the reciprocating jurisdiction in which the foreign order was made, and no further step may be taken in the proceedings until the required information and documents are received by the designated authority.
PART 3
VARIATION OF A SUPPORT ORDER
Definitions
22.In this Part,
"applicant" means a party applying to vary a support order; (demandeur)
"respondent" means the party who is the respondent in a support variation application. (défendeur) "support order" means a support order as defined in section 1 that is
(a) made in the Northwest Territories; or
(b) made in a reciprocating jurisdiction and registered in a court in the Northwest Territories under Part 2 or under the former Act,
but does not include a provisional order or a provisional variation order; (ordonnance alimentaire)
Restrictions
23.Nothing in this Part
(a) authorizes a judge of the Territorial Court to vary a support order made in Canada by a federally appointed judge, or
(b) allows a support order originally made under the Divorce Act (Canada) to be varied except as authorized by federal enactment.
Division 1
Applicant Ordinarily Resident in the
Northwest Territories
Definition: "support variation
24.In this Division, "support variation application" means
(a) an application under subsection 25(2); or
(b) an application under subsection 27(1).
Application to vary support order
25.(1) If an applicant is ordinarily resident in the Northwest Territories and believes that the respondent is ordinarily resident in a reciprocating jurisdiction, the applicant may start a process in the Territories that could result in a variation of a support order being made in the reciprocating jurisdiction.
(2) To start a process, the applicant shall complete a support variation application that includes the following:
(a) the name and address for service of the applicant;
(b) a certified copy of the order that is sought to be varied;
(c) a copy of the specific statutory or other legal authority on which the applicant’s application for variation is based, unless the applicant is relying on the law of the jurisdiction in which the respondent is ordinarily resident;
(d) the particulars of the variation applied for, which may include a termination of the order;
(e) a sworn document setting out the following:
(i) the name and any information known to the applicant that can be used to locate or identify the respondent,
(ii) the financial circumstances of the respondent, to the extent known by the applicant, including whether the respondent is receiving social assistance,
(iii) the name of each person and the date of birth of any child, to the extent known by the applicant, for whom support is payable or who will be affected by the variation if granted,
(iv) the evidence in support of the application, including
(A) where support to the applicant or respondent is an issue, information about the applicant’s relationship with the respondent, and
(B) if the variation applied for affects support for a child, information about the child’s financial and other circumstances;
(v) information prescribed in the regulations about the applicant’s financial circumstances;
(f) any other information or documents required by the regulations.
(3) The applicant is not required to notify the respondent that a process has been started under this section.
Provision of information and documents
26.(1) The applicant shall submit the support variation application to the designated authority in the Northwest Territories, accompanied by a certified translation if required by the appropriate authority in the reciprocating jurisdiction in which the applicant believes the respondent is ordinarily resident.
(2) On receiving a support variation application, the designated authority shall
(a) review the support variation application to ensure that it is complete, and
(b) forward a copy of the completed support variation application to the appropriate authority in the reciprocating jurisdiction in which the applicant believes the respondent is ordinarily resident.
(3) On receiving a request for further information or documents from a reciprocating jurisdiction under provisions of an enactment in that jurisdiction that correspond to paragraph 30(2)(a), the applicant shall, in accordance with the regulations, provide the further information or documents within the time referred to in the request.
(4) On receiving a certified copy of an order and reasons, if any, from a reciprocating jurisdiction under provisions of an enactment in that jurisdiction that correspond to section 34, the designated authority shall, in accordance with the regulations, provide a copy of the order and reasons, if any, to the applicant and to the Northwest Territories court, if it has made a provisional order.
Provisional variation order
27.(1) Where the respondent is ordinarily resident in a reciprocating jurisdiction that requires a provisional variation order, the Northwest Territories court may, on application by an applicant and without notice to and in the absence of a respondent, make a provisional variation order taking into account the specific statutory or other legal authority on which the application for variation is based.
(2) An application under this section must be commenced in accordance with the regulations and must include the information and documents described in subsection 25(2).
(3) Evidence in proceedings under subsection (1) may be given orally or in writing, as the court may allow.
(4) If a provisional variation order is made, the clerk of the Northwest Territories court shall provide to the designated authority, and the designated authority shall send to the appropriate authority in the reciprocating jurisdiction,
(a) three certified copies of the provisional variation order;
(b) the support variation application referred to in subsection 25(2), together with any other materials filed; and
(c) if the Northwest Territories court received oral evidence in support of the application for a provisional variation order, a certified copy of the transcript of that evidence.
(5) If, during a proceeding for confirmation of a provisional variation order, a court in a reciprocating jurisdiction remits a matter back for further evidence to the Northwest Territories court that made the provisional variation order, the Northwest Territories court shall request further evidence from the claimant.
(6) If evidence is received under subsection (5), the clerk of the Northwest Territories court shall provide to the designated authority, and the designated authority shall forward to the court in the reciprocating jurisdiction,
(a) a certified copy of the evidence; and
(b) if the Northwest Territories court modifies the provisional order, three certified copies of the provisional order as modified.
(7) If a provisional variation order made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is sought, the Northwest Territories court that made the provisional variation order may, on application made within six months after the denial of confirmation, reopen the matter, receive further evidence and make a new provisional variation order for a person with respect to whom confirmation of the previous provisional variation order was denied.
Division 2 Applicant Ordinarily Resident Outside the Northwest Territories
Definition: "support variation
28.In this Division, "support variation application" means
(a) a provisional variation order referred to in paragraph (b) of the definition "provisional variation order" in section 1; or
(b) an application from a reciprocating jurisdiction made under provisions of an enactment in that jurisdiction that correspond to subsection 25(2).
Notice of hearing
29.(1) Subject to subsections (2) and (3), if the designated authority receives a support variation application from an appropriate authority in a reciprocating jurisdiction, with information that the respondent named in the support variation application ordinarily resides in the Northwest Territories, the designated authority shall
(a) file the support variation application with the Northwest Territories court, with a request that the clerk register in accordance with section 18 any extra- territorial or foreign order that is sought to be varied; and
(b) endeavour to serve on the respondent, in accordance with the regulations,
(i) a copy of the support variation application, and
(ii) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations.
(2) If the designated authority has not served the respondent under paragraph (1)(b) and knows that the respondent is ordinarily resident in another reciprocating jurisdiction in Canada, the designated authority shall forward the support variation application to the appropriate authority in that other reciprocating jurisdiction, and shall notify the appropriate authority in the originating reciprocating
(3) If the designated authority
(a) is unable to determine whether the respondent is ordinarily resident in the Northwest Territories, or
(b) knows or believes that the respondent is ordinarily resident in a jurisdiction outside Canada,
the designated authority shall return the support variation application to the appropriate authority in the originating reciprocating jurisdiction with any available information respecting the location and circumstances of the respondent.
(4) If the Northwest Territories court is satisfied, on considering an application made by the designated authority, that the respondent ordinarily resides in the Northwest Territories but is evading service, the court may order substitutional service on the respondent or may dispense with service on the respondent, as the court considers appropriate.
Information Northwest Territories
30.(1) In making a support variation order, the Northwest Territories court shall consider
(a) the evidence given or submitted to the Northwest Territories court; and
(b) the information and documents forwarded from the reciprocating jurisdiction.
(2) If the Northwest Territories court requires further information or documents from the applicant before it can make a support variation order, the Northwest Territories court
(a) shall direct the designated authority to contact the applicant or the appropriate authority in the reciprocating jurisdiction to request the information or documents;
(b) shall adjourn the hearing; and
(c) may, if the Northwest Territories court considers it appropriate, make an interim support variation order.
(3) If the information or documents requested under subsection (2) are not received by the Northwest Territories court within 18 months after the date of the request, the Northwest Territories court may dismiss the support variation application and terminate an interim support variation order made under paragraph (2)(c).
(4) The dismissal of a support variation application under subsection (3) does not preclude the applicant from commencing a new support variation application.
Support for child
31.(1) In determining the entitlement to a variation of a support order for a child, the Northwest Territories court shall first apply the law of the jurisdiction in which the child is ordinarily resident, but if under that law the child is not entitled to support, the court shall apply the law of the Northwest Territories.
(2) In determining the amount of support to be paid for a child, the Northwest Territories court shall apply the law of the jurisdiction in which the person liable to pay the support is ordinarily resident.
(3) In determining the entitlement to a variation of a support order for a party other than a child, and the amount of support, the Northwest Territories court shall first apply the law of the Northwest Territories, but if under that law the party is not entitled to support, the Northwest Territories court shall apply
(a) the law of the jurisdiction in which the party is ordinarily resident; or
(b) the law of the jurisdiction in which the parties last maintained a common habitual residence, if the party is not entitled to support under the law of the jurisdiction referred to in paragraph (a).
Order
32.(1) On the conclusion of a hearing, the Northwest Territories court may, in respect of a party or a child, or both,
(a) make a support variation order;
(b) make an interim support variation order and adjourn the hearing to a specified date;
(c) adjourn the hearing to a specified date without making an interim support variation order; or
(d) refuse to make a support variation order.
(2) The Northwest Territories court may make a retroactive support variation order.
(3) A support variation order may require support to be paid in periodic payments or as a lump sum, or both.
(4) The Northwest Territories court shall give reasons for a refusal to make a support variation order.
Order where notice not complied with
33.(1) If a respondent does not appear as required in the notice or does not provide the information or documents required under paragraph 29(1)(b), the Northwest Territories court may make an order in the absence of the respondent or of the information or documents, and in making the order the Northwest Territories court may draw any inference it considers appropriate.
(2) If the Northwest Territories court makes an order in the absence of the respondent, the clerk shall send a copy of the order to the respondent, in accordance with the regulations.
Forwarding order to reciprocating jurisdiction
34.The designated authority shall forward a certified copy of an order under this Division and reasons, if any, to the appropriate authority in the reciprocating jurisdiction in which the applicant is ordinarily resident, and if the support order was originally made in another reciprocating jurisdiction, to the appropriate authority in that jurisdiction.
Division 3 Applications to Vary Orders Made Outside the Northwest Territories
Jurisdiction
35.(1) Subject to subsection (2), the Northwest Territories court may, on the application of a party to a support order registered in the Northwest Territories under Part 2 or under the former Act, vary the support order if
(a) both the applicant and respondent accept the jurisdiction of the Northwest Territories court,
(b) both the applicant and respondent are ordinarily resident in the Northwest Territories, or
(c) the respondent is ordinarily resident in the Northwest Territories and the support order was registered by the applicant.
(2) Where a person seeks to vary under this section an order that is the subject of a support variation application made under Division 1 or Division 2 of this Part, no order may be made under this section until the support variation application has been finally disposed of.
(3) An application under this section must be commenced in accordance with the regulations.
(4) The Children’s Law Act or the Family Law Act applies for the purposes of varying a support order under the circumstances referred to in subsection (1), as if the order being varied were an order for support under that Act.
PART 4
APPEALS
Definition:
36.(1) In this section, "appellate court" means
(a) in respect of a ruling, decision or order made by the Territorial Court, the Supreme Court; and
(b) in respect of a ruling, decision or order made by the Supreme Court, the Court of Appeal.
(2) A claimant, applicant, respondent or the designated authority may appeal to the appellate court any ruling, decision or order, other than a provisional order, made by the Northwest Territories court under this Act.
(3) Subject to subsection (4), an appeal must be commenced within 90 days after the date the ruling, decision or order of the Northwest Territories court appealed from is entered as a judgment of that court, unless the period is extended by the appellate court either before or after the appeal period has expired.
(4) A person responding to an appeal under subsection (2) may appeal a ruling, decision or order in the same proceeding within 30 days after receipt of the notice of the appeal.
(5) An order under appeal remains in force pending the determination of the appeal unless the court that made the order or the appellate court orders otherwise.
(6) The clerk of the appellate court shall provide to the designated authority a certified copy of the appellate court’s decision or order and any reasons, and the designated authority shall forward the certified copy to the appropriate authority in the reciprocating jurisdiction that forwarded the support application.
PART 5
GENERAL MATTERS
Appointment of designated authority
37.(1) The Minister may appoint one or more persons to act as the designated authority in the Northwest Territories for the purposes of this Act.
(2) A person appointed under subsection (1) may, in writing, delegate any power or duty under this Act to any other person or persons.
Transmission of documents
38.(1) On receipt of an order or document for transmission under this Act to a reciprocating jurisdiction, the designated authority shall transmit the order or document to the appropriate authority of the reciprocating jurisdiction.
(2) If the reciprocating jurisdiction requires an order or document to be translated into a language other than English or French, the person for whom the order or document is being transmitted shall provide the required translation together with a certificate of the translator authenticating the accuracy of the translation.
Right of subrogation: claimant
39.(1) A government or an agency of a government that is providing or has provided social assistance to a person who is entitled to apply for a support order or a support variation order has the rights of a claimant or an applicant under this Act, for either or both of the following purposes:
(a) obtaining support or a variation of support for that person;
(b) obtaining reimbursement of the social assistance provided to that person by the government or agency.
(2) Where a person who is required to pay support makes an application for a variation under Part 3, a government or an agency of a government that is providing or has provided social assistance to the respondent has the rights of the respondent with respect to the application for either or both of the following purposes :
(a) to respond to the application for variation of the support order for that person;
(b) to obtain reimbursement of the social assistance provided to that person by the government or agency.
Terminology
40.If, in a proceeding under this Act, a document of a court in a reciprocating jurisdiction contains terminology different from the terminology in this Act or contains terminology or is in a form different than that customarily in use in the Northwest Territories court, the Northwest Territories court shall give a broad and liberal interpretation to the terminology or form so as to give effect to the document.
Law of reciprocating jurisdiction
41.In a proceeding under this Act, the Northwest Territories court shall take judicial notice of the law of a reciprocating jurisdiction, and shall apply it where required.
Documents from reciprocating jurisdiction
42.(1) In a proceeding under this Act, a document purporting to be signed by a judge, officer of a court or public officer in a reciprocating jurisdiction is, unless the contrary is proved, proof of the appointment, signature and authority of the person who signed it.
(2) Statements in writing sworn to by the maker or depositions or transcripts of evidence taken in a reciprocating jurisdiction may be received in evidence by the Northwest Territories court under this Act.
(3) If a foreign order or other document written in a language other than English or French is submitted for filing in an application for an order of the Northwest Territories court, or for registration with the Northwest Territories court under Part 2 of this Act, the order or document must be accompanied by
(a) a translation of the order or document into English or French; and
(b) a certificate of the translator authenticating the translation as being accurate.
(4) If oral evidence is heard in a reciprocating jurisdiction in an application for an order of the Northwest Territories court under Division 1 of Part 1 or Division 2 of Part 3 of this Act, the claimant or applicant shall file with the Northwest Territories court a certified copy of the transcript of that evidence.
Other remedies
43.This Act does not impair any other remedy available to a person, the Northwest Territories, a province or territory of Canada, a jurisdiction outside Canada or a political subdivision or agency of the Northwest Territories, of a province or territory of Canada or of a jurisdiction outside Canada.
Liability
44.The designated authority, persons to whom any power or duty is delegated by the designated authority, and any other persons having powers or duties under this Act or the regulations shall not be liable for anything done or not done by him or her in good faith in the performance of his or her duties or in the exercise of his or her powers.
REGULATIONS
Regulations declaring reciprocating jurisdictions
45.(1) If the Minister is satisfied that laws are or will be in effect in a jurisdiction for the enforcement in that jurisdiction of support orders made in the Northwest Territories, the Minister may make regulations declaring that jurisdiction to be a reciprocating jurisdiction.
(2) On declaring a jurisdiction to be a reciprocating jurisdiction under subsection (1), the Minister may impose any conditions with respect to the enforcement and recognition of support orders made or registered in that jurisdiction.
(3) Where the declaration of a reciprocating state under the former Act is in effect immediately before the coming into force of this Act, the Minister may make regulations declaring that state to be a reciprocating jurisdiction.
(4) The Minister may make regulations
(a) respecting notices, information and documents required by this Act;
(b) respecting the filing, serving, forwarding, sending, providing or giving of notices, information and documents under this Act;
(c) prescribing forms for the purposes of this Act;
(d) respecting proceedings under this Act, including the disposition of proceedings under this Act without an oral hearing;
(e) respecting applications to the Northwest Territories court under this Act;
(f) respecting conversion of amounts of support into Canadian currency for the purposes of section 19;
(g) respecting any other matter the Minister considers necessary or advisable for carrying out the purposes, provisions and intent of this Act.
TRANSITIONAL
Transitional
46.(1) An order made or registered under the former Act continues to be valid and in force, and may be varied or enforced or otherwise dealt with under this Act.
(2) Where notice of proceedings to consider a provisional order or a provisional variation order or notice of registration of a final order is given to the respondent before the coming into force of this Act, the provisional order, provisional variation order or application to set aside the registration of a final order must be dealt with in accordance with the former Act as if the former Act had not been repealed.
(3) An application for a provisional order or a provisional variation order by a person ordinarily resident in the Northwest Territories under the former Act, made before the coming into force of this Act, may be continued as if the former Act had not been repealed.
(4) Where, on the coming into force of this Act, a final order received for registration under the former Act has not been registered in the Northwest Territories court, the final order must be dealt with in accordance with this Act as if it were an extra- territorial order or foreign order, as the case may be, received under Part 2 of this Act.
(5) Where a provisional order or a provisional variation order was received under the former Act and notice of proceedings to consider the order had not been given to the respondent before the coming into force of this Act, the provisional order or provisional variation order must be dealt with in accordance with this Act as if the order had been received under Part 1 or Part 3 of this Act, as the case may be.
- 50. Repealed, S.N.W.T. 2010,c.16,Sch.B,s.10.
Territorial Printer, Northwest Territories Yellowknife, N.W.T./2010©