Interjurisdictional Support Orders Act, 2002, S.O. 2002, c. 13

JurisdictionOntario

Interjurisdictional Support Orders Act, 2002

S.O. 2002, chapter 13

Consolidation Period: From June 8, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 9, Sched. 16, s. 26.

CONTENTS

PART I
GENERAL

Definitions

1 In this Act,

“appropriate authority”, when used in reference to a reciprocating jurisdiction, means the person or persons in that jurisdiction who correspond to the designated authority in Ontario; (“autorité compétente”)

“certified”, when used to refer to a copy of an order or reasons, means certified by the court that made the order or gave the reasons; (“certifiée conforme”)

“child” has the same meaning as in the Family Law Act; (“enfant”)

“claimant” means a person who applies under this Act for support; (“requérant”)

“clerk” means a person who has the authority of a clerk or registrar of the court; (“greffier”)

“delivery agent” means a delivery agent under the Ontario Works Act, 1997; (“agent de prestation des services”)

“designated authority” means the person appointed under subsection 41 (1), and includes a person to whom a power or duty is delegated under subsection 41 (2); (“autorité désignée”)

“former Act” means the Reciprocal Enforcement of Support Orders Act; (“ancienne loi”)

“Ontario court” means a court designated under section 2; (“tribunal de l’Ontario”)

“prescribed” means prescribed by the regulations, if any, or by the rules of court; (“prescrit”)

“provisional order” means,

(a) a support order of an Ontario court that has no 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 Ontario; (“ordonnance conditionnelle”)

“provisional variation order” means,

(a) an order of an Ontario court that varies a support order and that has no 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 Ontario; (“ordonnance modificative conditionnelle”)

“reciprocating jurisdiction” means a jurisdiction prescribed as such in the regulations made under subsection 52 (1); (“autorité pratiquant la réciprocité”)

“regulations” means the regulations made under this Act; (“règlements”)

“support” includes maintenance and alimony; (“aliments”)

“support order” means an order requiring the payment of support that is made by a court or by an administrative body, and includes,

(a) the provisions of a written agreement requiring the payment of support if they 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, and

(b) the calculation or recalculation by an administrative body of the payment of support for a child, if the calculation or recalculation is enforceable in the jurisdiction in which the calculation or recalculation was made as if it were an order of, or were contained in an order of, a court of that jurisdiction. (“ordonnance alimentaire”) 2002, c. 13, s. 1; 2017, c. 20, Sched. 2, s. 8.

Section Amendments with date in force (d/m/y)

2017, c. 20, Sched. 2, s. 8 - 14/11/2017

Designation of court

2 The Attorney General may designate a court or courts in Ontario for the purpose of proceedings under this Act. 2002, c. 13, s. 2.

PART Ii
NEW ORDERS

Definition

3 In this Part,

“respondent” means the person against whom support is sought. 2002, c. 13, s. 3.

Application of Part

4 This Part applies only if there is no support order in effect requiring the respondent to pay support for the claimant, for any children or for both. 2002, c. 13, s. 4.

Claimant in Ontario

Support application

5 (1) A claimant who resides in Ontario and believes that the respondent habitually resides in a reciprocating jurisdiction may start a proceeding in Ontario that could result in a support order being made in the reciprocating jurisdiction. 2002, c. 13, s. 5 (1); 2017, c. 20, Sched. 2, s. 9.

Same

(2) To start the proceeding, the claimant shall complete a support application that includes,

(a) the claimant’s name and address for service;

(b) a copy of the specific statutory or other legal authority on which the application is based, unless the claimant is relying on the law of the jurisdiction where the respondent is habitually resident;

(c) particulars of the support claimed;

(d) the affidavit described in subsection (3); and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 5 (2) (d) of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 16, s. 26 (1))

(d) the information set out in subsection (3); and

(e) any other prescribed documents. 2002, c. 13, s. 5 (2); 2017, c. 20, Sched. 2, s. 7 (1).

Affidavit

(3) The affidavit shall set out,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2023, c. 9, Sched. 16, s. 26 (2))

Same

(3) The information required by clause (2) (d) is,

(a) the respondent’s name and any other information known to the claimant that can be used to locate or identify the respondent;

(b) the respondent’s financial circumstances, to the extent known by the claimant;

(c) the name of each person for whom support is claimed and the date of birth of any child for whom support is claimed;

(d) the evidence in support of the application that is relevant to establishing entitlement to or the amount of support, including,

(i) if support is claimed for a child, details of the child’s parentage and information about his or her financial and other circumstances, and

(ii) if support is claimed for the claimant, information about the claimant’s financial and other circumstances and his or her relationship with the respondent; and

(e) any other prescribed information. 2002, c. 13, s. 5 (3).

No notice to respondent required

(4) The claimant is not required to notify the respondent that a proceeding has been started under this section. 2002, c. 13, s. 5 (4).

Section Amendments with date in force (d/m/y)

2017, c. 20, Sched. 2, s. 7 (1), 9 - 14/11/2017

2023, c. 9, Sched. 16, s. 26 (1, 2) - not in force

Submission of application to designated authority

6 (1) The claimant shall submit the support application to the designated authority in Ontario. 2002, c. 13, s. 6 (1).

Duty of designated authority

(2) On receiving a support application, the designated authority shall promptly,

(a) review the application to ensure that it is complete; and

(b) send a copy of the completed application to the appropriate authority in the reciprocating jurisdiction in which the claimant believes the respondent is habitually resident. 2002, c. 13, s. 6 (2); 2017, c. 20, Sched. 2, s. 7 (1).

Further information or documents

(3) On receiving a request for further information or documents from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to clause 11 (2) (a), the claimant or the designated authority shall provide the further information or documents, within the time referred to in the request and in accordance with the regulations. 2002, c. 13, s. 6 (3).

Copy of order and reasons

(4) On receiving a certified copy of an order and reasons, if any, from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to section 16, the designated authority shall provide a copy of the order and reasons, if any, to the claimant, in accordance with the regulations. 2002, c. 13, s. 6 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (4) of the Act is amended by striking out “certified”. (See: 2023, c. 9, Sched. 16, s. 26 (3))

Section Amendments with date in force (d/m/y)

2017, c. 20, Sched. 2, s. 7 (1) - 14/11/2017

2023, c. 9, Sched. 16, s. 26 (3) - not in force

Provisional order

7 (1) If the claimant reasonably believes that the respondent is habitually resident in a reciprocating jurisdiction that requires a provisional order, the Ontario court may, on the claimant’s application and without notice to the respondent, make a provisional order taking into account the legal authority on which the claimant’s application for support is based. 2002, c. 13, s. 7 (1); 2017, c. 20, Sched. 2, s. 7 (1).

Evidence

(2) Evidence in an application under subsection (1) may be given orally, in writing or in any other prescribed manner. 2002, c. 13, s. 7 (2).

Material to be sent to reciprocating jurisdiction

(3) If a provisional order is made, the court shall send it to the designated authority, which shall send to the reciprocating jurisdiction,

(a) three certified copies of the provisional order; and

(b) a support application referred to in subsection 5 (2). 2002, c. 13, s. 7 (3).

Further evidence

(4) If, in considering whether to confirm a provisional order, a court in a reciprocating jurisdiction sends a matter back for further evidence to the Ontario court that made the provisional order, the Ontario court shall, after giving notice to the claimant, receive further evidence. 2002, c. 13, s. 7 (4).

Transcript of further evidence, copies of modified order

(5) If evidence is received under subsection (4), the clerk of the Ontario court shall send to the court in the reciprocating jurisdiction,

(a) a certified transcript of the evidence; and

(b) if the Ontario court considers it appropriate to modify its provisional order, three certified copies of the order as modified. 2002, c. 13, s. 7 (5).

New provisional order

(6) 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 Ontario court that made the provisional order may, on motion within six months after the denial of confirmation, reopen the matter, receive further evidence...

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