Interjurisdictional Support Orders Act, 2002, S.O. 2002, c. 13 - Bill 131

JurisdictionOntario
Bill Number131
Date19 November 2002

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 131 and does not form part of the law. Bill 131 has been enacted as Chapter 13 of the Statutes of Ontario, 2002.

The proposed Act is based on model legislation developed by a committee of federal, provincial and territorial government officials to provide simplified processes for the making, recognition and variation of interjurisdictional support orders. It replaces the Reciprocal Enforcement of Support Orders Act.

chapter 13

An Act to facilitate
the making, recognition
and variation of
interjurisdictional support orders

Assented to November 19, 2002

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

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 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. (“ordonnance alimentaire”)

Designation of court

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

PART Ii
NEW ORDERS

Definition

3. In this Part,

“respondent” means the person against whom support is sought.

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.

Claimant in Ontario

Support application

5. (1) A claimant who ordinarily resides in Ontario and believes that the respondent ordinarily resides in a reciprocating jurisdiction may start a proceeding in Ontario that could result in a support order being made in the reciprocating jurisdiction.

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 ordinarily resides;

(c) particulars of the support claimed;

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

(e) any other prescribed documents.

Affidavit

(3) The affidavit shall set out,

(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.

No notice to respondent required

(4) The claimant is not required to notify the respondent that a proceeding has been started under this section.

Submission of application to designated authority

6. (1) The claimant shall submit the support application to the designated authority in Ontario.

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 ordinarily resides.

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.

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.

Provisional order

7. (1) If the claimant reasonably believes that the respondent ordinarily resides 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.

Evidence

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

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).

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.

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.

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 and make a new provisional order for a person in respect of whom confirmation was denied.

Claimant Outside Ontario

Application of ss. 9 to 16

8. (1) Sections 9 to 16 apply in respect of,

(a) provisional orders referred to in clause (b) of the definition of “provisional order” in section 1; and

(b) documents from reciprocating jurisdictions corresponding to a support application described in subsection 5 (2).

Meaning of “support application”

(2) In sections 9 to 16, “support application” refers to the orders and documents described in subsection (1).

Steps taken by designated authority

9. If the designated authority receives a support application from an appropriate authority in a reciprocating jurisdiction, with information that the respondent ordinarily resides in Ontario, it shall take the following steps:

1. Verify the information about the respondent’s ordinary residence.

2. If the information is confirmed, send the support application to the Ontario court.

3. If the information is not confirmed and the designated authority knows or believes that the respondent ordinarily resides in another reciprocating jurisdiction in Canada,

i. send the support application to the appropriate authority in that other reciprocating jurisdiction, and

ii. notify the appropriate authority in the...

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