Interjurisdictional Support Orders Regulations
Regulation- Registration
- R-055-2004
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Interjurisdictional Support Orders Act
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.
- None.
The Minister, under section 45 of the Interjurisdictional Support Orders Act, S.N.W.T. 2002, c.19, and every enabling power, makes the Interjurisdictional Support Orders Regulations.
INTERJURISDICTIONAL SUPPORT
ORDERS REGULATIONS
INTERPRETATION
In these regulations,
"Act" means the Interjurisdictional Support Orders Act, S.N.W.T. 2002, c.19; (Loi)
"Guidelines" means the Child Support Guidelines established by regulation numbered R-138-98; (lignes directrices)
"order" includes the reasons for the order, if any; (ordonnance)
"Rules of Court" means the Rules of the Supreme Court of the Northwest Territories established by regulation numbered R-010-96. (Règles de la Cour)
DESIGNATION OF COURTS
The following courts are designated for the purpose of proceedings and registration of support orders under the Act:
(a) the Supreme Court of the Northwest Territories;
(b) the Territorial Court.
PART 1
CLAIMS WHERE NO ORDER EXISTS
For the purposes of subsection 5(2) of the Act, a claimant’s support application must be in the form required by the designated authority and must include
(a) the financial or other information requested in the form; and
(b) any other information or documents required by the reciprocating jurisdiction.
(1) For the purposes of subsection 6(3) of the Act, if a reciprocating jurisdiction requests further information or documents from a claimant, the claimant must provide the information or documents in the form, in the manner and within the time period required by the designated authority.
(2) The designated authority must forward the original information or documents received from the claimant to the appropriate authority in the reciprocating jurisdiction.
A copy of an order that is required to be provided to the claimant under subsection 6(4) of the Act must be delivered to the claimant personally or sent by regular mail to the claimant’s address as specified on the support application or the most current address provided by the claimant.
(1) An application for a provisional order under section 7 of the Act must be commenced by filing an originating notice with the Northwest Territories court.
(2) Part 4 of the Rules of Court, except those provisions requiring service on the respondent, applies, with the necessary modifications, to an application referred to in subsection (1).
(1) For the purposes of subsection 9(1) of the Act, on receipt of a support application from a reciprocating jurisdiction, the designated authority must endeavour to serve the respondent, by personal service, with the following documents:
(a) a copy of the support application;
(b) a notice to appear in the Northwest Territories court.
(2) The notice referred to in paragraph (1)(b) must
(a) direct the respondent to file with the Northwest Territories court, not less than three clear days before the return date of the application, a response in the form required by the designated authority;
(b) direct the respondent to identify in the response any issues he or she will be raising with respect to the support application;
(c) direct the respondent to include in his or her response
(i) the financial information referred to in subsection 21(2) of the Guidelines, if the support application includes a claim for child support, and
(ii) the financial statement required under the Family Law Act, if the support application includes a claim for support for a person other than a child; and
(d) include a statement informing the respondent that if the respondent does not appear as required in the notice, or does not provide the information or documents required by this subsection, the Northwest Territories court may make an order in the absence of the respondent or of the information or documents.
If the Northwest Territories court makes an order in the absence of the respondent under section 14 of the Act, the clerk must send a copy of the order to the respondent
(a) in the manner that may be directed by the court; or
(b) if no direction is made by the court, by regular mail addressed to the respondent’s last known address as noted on the court file.
PART 2
REGISTRATION AND ENFORCEMENT
OF ORDERS MADE OUTSIDE
THE NORTHWEST TERRITORIES
(1) For the purposes of section 19 of the Act, in converting into Canadian currency an amount of support that is referred to in a foreign order and that is not expressed in Canadian currency, the clerk must convert the amount
(a) by applying a rate of exchange that was set by a bank for determining the equivalent amount in Canadian currency and that was applicable on the day the order was made or last varied, if such a rate of exchange is available from a bank; or
(b) if a rate of exchange referred to in paragraph (a) is not available from a bank, by applying a rate of exchange that was set by a bank and that was applicable
(i) on the date the order was registered, or
(ii) on a date other than the date the order was registered, if that date is closer to the date the order was made or last varied.
(2) Where an amount of support referred to in a foreign order is converted into Canadian currency, a notice given under subsection 20(1) of the Act must include
(a) the date used to convert the amount of support into Canadian currency;
(b) the applicable rate of exchange used for the conversion; and
(c) the name of the bank from which the rate of exchange was obtained.
(1) A notice required by subsection 20(1) of the Act may be given to a party by regular mail sent to the party’s last known address as noted on the court file.
(2) A notice given in accordance with subsection
(1) is, in the absence of evidence to the contrary, deemed to have been received 14 days after the day on which it was mailed.
(1) For the purposes of subsection 20(2) of the Act, an application to set aside the registration of a foreign order may be made by filing a notice of motion with the Northwest Territories court.
(2) An application referred to in subsection (1) must be served on the designated authority by leaving a copy of the application at the designated authority’s address for service indicated in the notice of registration given under subsection 20(1) of the Act, 10 days before the return date of the application.
(3) Part 31 of the Rules of Court applies, with the necessary modifications, to an application referred to in subsection (1).
PART 3
VARIATION OF A SUPPORT ORDER
For the purposes of subsection 25(2) of the Act, an applicant’s support variation application must be in the form required by the designated authority and must include
(a) the financial or other information requested in the support variation application form; and
(b) any other information or documents required by the reciprocating jurisdiction.
For the purposes of subsection 26(3) of the Act, if a reciprocating jurisdiction requests further information or documents from an applicant, section 4 of these regulations applies, with the necessary modifications, with respect to the information or documents to be provided by the applicant.
For the purposes of subsection 26(4) of the Act, on receipt of an order from a reciprocating jurisdiction, the designated authority must send a copy of the order to the applicant by regular mail addressed to the applicant’s address as specified on the support variation application or the most current address provided by the applicant.
(1) An application for a provisional order under section 27 of the Act must be commenced by filing a notice of motion with the Northwest Territories court.
(2) Part 31 of the Rules of Court, except those provisions requiring service on the respondent, applies, with the necessary modifications, to an application referred to in subsection (1).
For the purposes of subsection 29(1) of the Act, subsections 7(1) and (2) of these regulations apply, with the necessary modifications, with respect to service of documents on the respondent.
(1) An application under section 35 of the Act must be commenced by filing a notice of motion with the Northwest Territories court.
(2) An application referred to in subsection (1) must be served on the designated authority by leaving a copy of the application at the designated authority’s address for service indicated in the notice of registration given under subsection 20(1) of the Act, 10 days before the return date of the application.
(3) Part 31 of the Rules of Court applies, with the necessary modifications, to an application referred to in subsection (1).
If the Northwest Territories court makes an order in the absence of the respondent under section 33 of the Act, the clerk must send a copy of the order to the respondent
(a) in the manner that may be directed by the court; or
(b) if no direction is made by the court, by regular mail addressed to the respondent’s last known address as noted on the court file.
PART 4
RECIPROCATING JURISDICTIONS
The jurisdictions listed in the schedule are declared to be reciprocating jurisdictions.
PART 5
COMING INTO FORCE
These regulations come into force on the day the Interjurisdictional Support Orders Act, S.N.W.T. 2002, c.19, comes into force.
SCHEDULE (Section 19)
1. Nunavut
2. Province of Alberta
3. Province of British Columbia
4. Province of Manitoba
5. Province of New Brunswick
6. Province of Newfoundland and Labrador
7. Province of Nova Scotia
8. Province of Ontario
9. Province of Prince Edward Island
10. Province of Quebec
11. Province of Saskatchewan
12. Yukon
13. Australia
14. Bailiwick of Guernsey
15. England and Northern Ireland
16. Federal Republic of Germany 17 Island of Barbados
18. Island of Malta and its Dependencies
19. Isle of Man
20. New Zealand, including the Cook Islands
21. Republic of Austria
22. Republic of South Africa
23. Scotland
24. Singapore
25. States of Jersey
26. The 50 states of the United States of America, the District of Columbia, Guam, Puerto Rico, the United States Virgin Islands, and any other jurisdiction of the United States participating in Title IV-D of the Social Security Act (U.S.A.)
27. Zimbabwe