International Recovery of Child Support and Family Maintenance Convention Act, 2023, S.O. 2023, c. 9, Sched. 16 (Consolidation Period:  From June 8, 2023 )

JurisdictionOntario
Coming into Force08 June 2023
Statuscurrent

International Recovery of Child Support and Family Maintenance Convention Act, 2023

S.o. 2023, chapter 9
Schedule 16

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

No amendments.

CONTENTS

Purposes

1 The purposes of this Act are as follows:

1. To implement the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance.

2. To provide that, to the extent specified under this Act, the procedures that apply with respect to applications under the Convention are those that apply with respect to comparable applications under the Interjurisdictional Support Orders Act, 2002.

Definitions

2 (1) In this Act,

“Central Authority” means, in respect of a power, duty or function of the Central Authority, either,

(a) the designated authority referred to in subsection 7 (1) and any person to whom the power, duty or function is delegated under subsection 7 (2), or

(b) the person or entity designated under subsection 7 (3) in respect of the power, duty or function; (“Autorité centrale”)

“court” means the Family Court or the Ontario Court of Justice; (“tribunal”)

“Family Law Rules” means Ontario Regulation 114/99 (Family Law Rules) made under the Courts of Justice Act; (“Règles en matière de droit de la famille”)

“Minister” means the Minister of Children, Community and Social Services or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)

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

Words and expressions

(2) Words and expressions used in this Act have the same meaning as the corresponding words and expressions used in the Convention.

Interpretation, “decision”

(3) For greater certainty, the term “decision”, when used in this Act, means a decision to which Chapter V of the Convention applies under Article 19 (1) of the Convention and, as applicable, a maintenance arrangement as provided for under Article 30, and includes a support order as defined in the Interjurisdictional Support Orders Act, 2002.

Use of extrinsic materials

3 In interpreting the Convention, recourse may be had to the Explanatory Report on the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, published by the Hague Conference on Private International Law in September 2013.

Conflict with other laws

4 Except where this Act provides otherwise, in the event of an inconsistency between this Act and any other law, this Act prevails to the extent of the inconsistency.

Force of law

5 The Convention on the International Recovery of Child Support and Other Forms of Family Maintenance adopted by the Twenty-First Session of the Hague Conference on Private International Law held from November 5 to 23, 2007, set out in Schedule 1 to this Act, has force of law in Ontario on and after the day it enters into force in accordance with Article 60 of the Convention.

Declarations and reservations made in respect of Ontario

Declaration re application of Convention to other child support obligations

6 (1) If Canada makes a declaration with respect to Ontario under Article 2 (3) of the Convention that the application of the Convention extends to applications respecting child support obligations towards persons who are 21 years of age or older and are unable, by reason of illness, disability or other cause, including but not limited to enrolment in a full-time program of education, to withdraw from their parents’ charge (as provided for in Ontario under section 31 of the Family Law Act) or to obtain the necessaries of life, this Act applies, with necessary modifications, with respect to such applications.

Declaration re application of Convention to applications for spousal support only

(2) If Canada makes a declaration with respect to Ontario under Article 2 (3) of the Convention that the application of Chapters II and III of the Convention extends to applications respecting only spousal support, this Act applies, with necessary modifications, with respect to such applications.

Reservation re bases for recognition and enforcement

(3) If Canada makes a reservation with respect to Ontario under Article 20 (2) of the Convention in respect of Articles 20 (1) (c), (e) and (f), none of the following circumstances may alone form the basis for the recognition and enforcement in Ontario of a decision for the purposes of Article 20 (1):

1. The creditor was habitually resident in the State of origin at the time proceedings were instituted.

2. Except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction of the State of origin in writing by the parties.

3. The decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties.

Declaration re making of applications through Central Authority only

(4) If Canada makes a declaration in respect of Ontario under Article 30 (7) of the Convention that applications for recognition and enforcement of a maintenance arrangement shall only be made through Ontario’s Central Authority, such applications shall only be made through the Central Authority.

Central Authority

7 (1) Subject to subsection (3), the Central Authority for the purposes of this Act is the designated authority appointed under subsection 41 (1) of the Interjurisdictional Support Orders Act, 2002.

Delegation by Central Authority

(2) The Central Authority may, in writing, delegate any of its powers, duties or functions under this Act to any other person or persons.

Designation by Minister

(3) The Minister may, in writing, designate one or more persons or entities to exercise any power or perform any duty or function of the Central Authority instead of the designated authority, other than,

(a) the power to delegate under subsection (2); and

(b) any other power specified by the regulations.

Competent authority

8 (1) The competent authority in respect of a provision of this Act or the regulations, or in respect of a power, duty or function of the competent authority under this Act, is the person or entity specified by the regulations in respect of that provision, power, duty or function.

Same

(2) Regulations made for the purposes of subsection (1) may provide that the Central Authority may make a determination respecting the competent authority in respect of a provision of this Act or the regulations or in respect of a power, duty or function of the competent authority under this Act.

Deemed reciprocity arrangements

9 If a Contracting State is a reciprocating jurisdiction as defined in the Interjurisdictional Support Orders Act, 2002, that Contracting State and Ontario are deemed to have between them a reciprocity arrangement that meets the requirements of Article 52 of the Convention.

Other remedies

10 Subject to Article 18 of the Convention, nothing in this Act affects the availability of any other remedy to,

(a) a person;

(b) Ontario or another province or territory of Canada;

(c) a jurisdiction outside Canada; or

(d) a political subdivision or official agency of Ontario, another province or territory of Canada or a jurisdiction outside Canada.

Applications made to Central Authority in Ontario

11 (1) This section applies with respect to applications made to the Central Authority,

(a) by the central authority of a requesting State under Article 10 of the Convention; or

(b) directly by the applicant, as contemplated by Article 52 (1) (d) of the Convention.

Procedures

(2) Except where this Act or the regulations provide otherwise, the Interjurisdictional Support Orders Act, 2002 and Ontario Regulation 55/03 (General) made under that Act apply, with the following and any other necessary modifications, with respect to an application made to the Central Authority:

1. A reference in the Interjurisdictional Support Orders Act, 2002 or in Ontario Regulation 55/03 to the designated authority shall be read as a reference to the Central Authority.

2. A reference in the Interjurisdictional Support Orders Act, 2002 or in Ontario Regulation 55/03 to the Ontario court shall be read as a reference to the court as defined in this Act.

3. Any other modifications that may be specified by the regulations.

Same

(3) Except where this Act or the regulations provide otherwise, the Family Law Rules apply, with necessary modifications including any modifications that may be specified by the regulations, with respect to an application made to the Central Authority as if it were an application to the designated authority under the Interjurisdictional Support Orders Act, 2002.

Application of Art. 23

(4) For greater certainty, Article 23 and not Article 24 of the Convention applies with respect to the procedures on an application for recognition and enforcement of a decision to the Central Authority.

Decision copies, abstracts, extracts

(5) For the purposes of Article 25 (3) (b) of the Convention, the application for recognition and enforcement of a decision may be accompanied by,

(a) an uncertified copy of the decision, unless the Central Authority considers it appropriate to require a certified copy; or

(b) an abstract or extract of the decision, subject to any requirements that may be specified by the regulations.

Application admissible in evidence

(6) An application transmitted to the Central Authority in accordance with Article 12 of the Convention in the form recommended and published by the Hague Conference on Private International Law is, despite section 45 of the Evidence Act, admissible in evidence as proof, in the absence of evidence to the contrary, of the contents of the application.

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