Inter-jurisdictional Support Orders Regulation

Inter-jurisdictional Support Orders Regulation, M.R. 10/2003 The Inter-jurisdictional Support Orders Act , C.C.S.M. c. I60 Regulation 10/2003 Registered January 17, 2003 bilingual version (HTML) Table of Contents Section 1 Definitions PART 1 CLAIMS WHERE NO ORDER EXISTS 2 Financial information for a support application 3 Providing court with support application 4 Further information or documents from claimant 5 Providing copies of order 6 If provisional order required 7 If respondent habitually resides in Manitoba 7.1 Order made in absence of respondent PART 2 REGISTRATION AND ENFORCEMENT OF ORDERS MADE OUTSIDE MANITOBA 8 Foreign orders 9 Application to set aside foreign order registration 10 Notice of decision or order 11 Converting foreign support amount to Canadian currency 11.1 Converting of foreign support arrears to Canadian currency 11.2 Foreign order previously registered in another province or territory 11.3 Alternative method of conversion if required 11.4 Notice re currency conversion 11.5 Transitional — previously converted orders under former enactments PART 3 VARIATION OF A SUPPORT ORDER 12 Financial information for support variation application 13 Providing court with support variation application 14 Further information or documents from applicant 15 Providing copies of order 16 If provisional order of variation required 17 If respondent habitually resides in Manitoba 18 Repealed 19 Order made in absence of respondent PART 4 GENERAL MATTERS 19.1 Unsworn or unaffirmed documents PART 5 RECIPROCATING JURISDICTIONS, REPEAL AND COMING INTO FORCE 20 Reciprocating jurisdictions 21 Repeal 22 Coming into force Schedule Definitions 1 In this regulation, "Act" means The Inter-jurisdictional Support Orders Act ; («  Loi  ») "applicable exchange rate" means an exchange rate set by a bank (a) on a date that is on or near the registration date of the foreign order, or (b) on a date that is on or near the applicable currency conversion review date, as the case may be; (« taux de change en vigueur ») "bank" includes the Bank of Canada; (« banque ») "converted support amount" means the amount of support under a foreign order that has been converted into Canadian currency and certified by the designated authority (a) on a foreign order under clause 11(1)⁠(a), on or near the registration date, or (b) on a statement filed by the designated authority under clause 11(1)⁠(b), on or near the applicable currency conversion review date; (« créance alimentaire convertie ») "converted support arrears" means the amount of arrears of support under a foreign order that has been converted into Canadian currency in accordance with section 11.1; (« arriérés convertis d'aliments ») "currency conversion review date" means a date set by the designated authority that is (a) for the first currency conversion review date, a date that is at least one year after the registration date of a foreign order, and (b) for a subsequent currency conversion review date, a date that occurs from time to time after the first review date is set; (« date de mise à jour de la conversion de devises ») "foreign support amount" means the amount of support set out in a foreign order that is not expressed in Canadian currency; (« créance alimentaire non convertie ») "foreign support arrears" means the amount of arrears of support under a foreign order that is not expressed in Canadian currency, as set out in a statement of arrears (a) from the appropriate authority in a foreign reciprocating jurisdiction, or (b) from the support recipient; (« arriérés d'aliments prévus par ordonnance étrangère ») "guidelines" means the Manitoba Child Support Guidelines Regulation made under The Family Law Act ; (« lignes directrices ») " King's Bench Rules " means the Court of King's Bench Rules , Manitoba Regulation 553/88; («  Règles de la Cour du Banc du Roi  ») "order" includes reasons for the order, if any; (« ordonnance ») "registration date" means the date a foreign order is registered by the Manitoba court under section 18 of the Act. (« date d'enregistrement ») "support payor" means a person required to make payments under a foreign order; (« débiteur alimentaire ») "support recipient" means a person entitled to receive payments under a foreign order, and includes a government or agency of a government referred to in section 39 of the Act. (« créancier alimentaire ») M.R. 97/2013 ; 53/2023 PART 1 CLAIMS WHERE NO ORDER EXISTS Claimant Resident in Manitoba Financial information for a support application 2 For the purpose of subsection 5(2) of the Act, a claimant's support application must be in the form required by the designated authority and include (a) the financial or other information as required in the support application form; and (b) any other information or documents required by the reciprocating jurisdiction. Providing court with support application 3 After reviewing a support application submitted under subsection 6(1) of the Act, the designated authority must provide a copy to the Manitoba court. Further information or documents from claimant 4(1) For the purpose of subsection 6(3) of the Act, where 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. 4(2) Where the claimant provides the information or documents as part of or attached as exhibits to, a statutory declaration, the designated authority must (a) forward the claimant's original statutory declaration to the appropriate authority in the reciprocating jurisdiction that requested it; and (b) provide a copy of the claimant's statutory declaration to the Manitoba court. Providing copies of order 5 For the purpose of subsection 6(4) of the Act, the designated authority who receives an order from a reciprocating jurisdiction must (a) register the order in the Manitoba court under Part 2 of the Act; and (b) notify the claimant of the registration and send a copy of the order to the claimant by ordinary mail at the address specified on the support application or the most current address provided by the claimant. M.R. 211/2011 If provisional order required 6(1) If a reciprocating jurisdiction requires a provisional order referred to in section 7 of the Act, the claimant may apply for the order by one of the following methods: (a) with respect to a support application referred to in subsection 5(2) of the Act, by (i) completing a support application which must be in the form required by the designated authority, (ii) including the documents referred to in section 2 with the support application, and (iii) submitting the support application, the documents referred to in subclause (ii) and a proposed provisional order to the designated authority for filing with the court; (b) by including a claim for a provisional order in a document seeking relief that is filed with the Manitoba court. 6(2) The support application, including the documents referred to in subclause (1)⁠(a)⁠(ii), is evidence in a proceeding commenced under section 7 of the Act. 6(3) Unless otherwise directed by the court or requested by the claimant, an application for a provisional order that is commenced under section 7 of the Act in the manner specified in clause (1)⁠(a) of this regulation, may proceed without an appearance by the claimant. 6(4) Where the document seeking relief that was filed with the Manitoba court does not include a request for a provisional order, the Manitoba court may make a provisional order if the respondent (a) resides in a reciprocating jurisdiction that requires a provisional order; and (b) has not accepted the Manitoba court's jurisdiction. M.R. 211/2011 Claimant Resident Outside Manitoba If respondent habitually resides in Manitoba 7(1) For the purpose of subsection 9(1.3) of the Act, the court registrar must serve or arrange to serve the following documents on the respondent by personal service or an alternative to personal service, in accordance with the King's Bench Rules : (a) a copy of the support application; (b) a notice to appear in the Manitoba court; (c) a copy of Form 70D (financial statement) of the King's Bench Rules ; (d) a copy of the response form referred to in clause 7(2)⁠(a). 7(2) The notice referred to in clause (1)⁠(b) must specify that the respondent must (a) file a response with the Manitoba court in the form required by the designated authority; (b) identify in the response any issues they will raise with respect to the support application; and (c) include the following in the response: (i) if the support application includes a claim for child support, the financial information required by subsections 21(1) and (2) of the guidelines, including a completed copy of Form 70D (financial statement) of the King's Bench Rules , (ii) if the support application includes a claim for support for the claimant, a completed copy of Form 70D (financial statement) of the King's Bench Rules . 7(3) The respondent must file their response and supporting documents with the Manitoba court within 20 days after service of the documents referred to in subsection (1). 7(4) [Repealed] M.R. 53/2023 M.R. 211/2011 ; 53/2023 Order made in absence of respondent 7.1 For the purpose of subsection 15(3) of the Act, the designated authority must send a copy of the order and reasons, if any, to the respondent by ordinary mail at the respondent's last known address as noted on the court file. M.R. 53/2023 PART 2 REGISTRATION AND ENFORCEMENT OF ORDERS MADE OUTSIDE MANITOBA Foreign orders 8(1) For the purpose of subsection 19(1) of the Act, the designated authority must give notice of the registration of a foreign order to a party by ordinary mail at the party's last known address. 8(2) Despite subsection (1), notice may be given to a party by giving notice to the appropriate authority in a reciprocating jurisdiction if (a) the party resides in that reciprocating jurisdiction; and (b) the appropriate authority originally sent the foreign order to Manitoba for registration. 8(3) When notice is given to an appropriate authority under subsection (2), notice must be given by ordinary mail or by any other method acceptable to the appropriate authority. M.R. 211/2011 ; 53/2023 Application to set aside foreign order registration 9 For the purpose of subsection 19(2) of the Act, a party applying to set aside the registration of a foreign order must (a) file in the Manitoba court a notice of application setting out the grounds for the application; and (b) serve the notice of application on the designated authority at least 10 days before the application is first returnable before the court. Notice of decision or order 10(1) For the purpose of subsection 19(6) of the Act, the Manitoba court must notify the designated authority of any decision or order of the Manitoba court with respect to an application to set aside registration of a foreign order. The designated authority must notify each party of the decision or order. 10(2) When the designated authority gives notice to a party under subsection (1), notice must be given by ordinary mail at the party's last known address. 10(3) Despite subsection (2), notice may be given to a party by giving notice to the appropriate authority in a reciprocating jurisdiction if (a) the party resides in that reciprocating jurisdiction; and (b) the appropriate authority originally sent the foreign order to Manitoba for registration. 10(4) When notice is given to an appropriate authority under subsection (3), notice must be given by ordinary mail or by any other method acceptable to the appropriate authority. M.R. 211/2011 ; 53/2023 Converting Foreign Support Amount to Canadian Currency Converting foreign support amount to Canadian currency 11(1) For the purpose of section 21 of the Act, in converting a foreign support amount into Canadian currency, the designated authority must do the following: (a) on or near the registration date, (i) convert the foreign support amount by applying the applicable exchange rate for the equivalent amount in Canadian currency, and (ii) certify the amount calculated under subclause (i) on the foreign order as the converted support amount; (b) after converting a foreign support amount in accordance with clause (a), (i) set the first currency conversion review date, and (A) adjust the converted support amount by applying the applicable exchange rate for the equivalent amount in Canadian currency applicable to the foreign order on or near the currency conversion review date, and (B) file a statement with the director certifying the amount calculated under paragraph (A) as the converted support amount as of the currency conversion review date, and (ii) set a subsequent currency conversion review date, in which case paragraphs (i)⁠(A) and (B) apply to the applicable currency conversion review date. 11(2) The converted support amount certified on the foreign order by the designated authority under clause (1)⁠(a) is deemed to be the amount payable by the support payor as of the registration date for the purposes of enforcement of the foreign order by the director until the converted support amount is adjusted by the designated authority under clause (1)⁠(b). 11(3) The converted support amount as adjusted and certified on a statement filed by the designated authority under clause (1)⁠(b) is deemed to be the amount payable by the support payor for the purposes of enforcement of the foreign order by the director. This amount is effective commencing 30 days after the applicable currency conversion review date until the converted support amount is further adjusted by the designated authority under clause (1)⁠(b). M.R. 211/2011 ; 97/2013 ; 53/2023 Converting Foreign Support Arrears to Canadian Currency Converting of foreign support arrears to Canadian currency 11.1(1) If the designated authority receives a statement of foreign support arrears with respect to a foreign order that was received for registration, the designated authority must (a) calculate the amount of the converted support arrears by applying the applicable exchange rate (i) to the foreign support arrears, and (ii) to any foreign support amount becoming due between the date of the statement of arrears and the registration date; and (b) file a statement with the director certifying the amount calculated under clause (a) as the amount of the converted support arrears as of the registration date. 11.1(2) The amount of the converted support arrears certified on a statement filed under clause (1)⁠(b) is deemed to be the amount of arrears payable by the support payor as of the registration date for the purposes of enforcement of the foreign order by the director. 11.1(3) If the designated authority receives an updated statement of foreign support arrears after converting previous arrears in accordance with subsection (1), the designated authority must (a) calculate the amount of the converted support arrears by applying the applicable exchange rate to the foreign support arrears; and (b) file a statement with the director certifying the amount calculated under clause (a) as the amount of the converted support arrears. 11.1(4) The amount of the converted support arrears certified on a statement filed under subsection (3) is deemed to be the amount of arrears payable by the support payor as of the applicable currency conversion review date for the purposes of enforcement of the foreign order by the director. M.R. 97/2013 ; 53/2023 Foreign order previously registered in another province or territory 11.2(1) If (a) a foreign order was previously registered in another province or territory and an appropriate authority converted the foreign support amount and any foreign support arrears, into Canadian currency in accordance with the applicable law of that jurisdiction; and (b) both parties to the foreign order reside in Canada; the designated authority may adopt the amount in Canadian currency certified by the appropriate authority as the converted support amount and the amount of the converted support arrears, if any, instead of converting the amount of the foreign order into Canadian currency in accordance with clause 11(1)⁠(a) or section 11.1. 11.2(2) The converted support amount and any converted support arrears adopted by the designated authority under subsection (1) are deemed to be the amount of support and arrears under the foreign order payable by the support payor as of the registration date for the purposes of enforcement of the foreign order by the director. 11.2(3) If (a) the support payor resides in Manitoba and requests that the designated authority set a currency conversion review date; and (b) the support recipient resides in another province or territory; the designated authority may set a currency conversion review date and apply clause 11(1)⁠(b). 11.2(4) If (a) the support recipient resides in Manitoba; and (b) the records of the director reflect a lower converted support amount and a lower amount of converted support arrears, if any, than the amounts reflected in the records of the appropriate authority of the province or territory where the support payor resides; the director may adjust the records referred to in section 17 of The Family Support Enforcement Act to correspond with the records of the appropriate authority. M.R. 97/2013 ; 53/2023 Alternative method of conversion if required 11.3(1) If the designated authority determines that it is impractical to convert a foreign support amount or the amount of any foreign support arrears into Canadian currency in accordance with section 11 or 11.1, the designated authority may determine an alternative method for obtaining the converted support amount and the amount of any converted support arrears. 11.3(2) If a party to a foreign order does not agree with the alternative method for obtaining the converted support amount or the converted support arrears determined by the designated authority, the onus is on the party (a) to provide the designated authority with a different alternative method for consideration, but the designated authority is not bound by this different alternative method; or (b) to apply to the Manitoba court for an order stating the method to be used by the designated authority. 11.3(3) If a party applies to the Manitoba court under clause (2)⁠(b), the designated authority may continue to convert the foreign support amount and any foreign support arrears, in accordance with subsection (1), until the court orders otherwise. M.R. 97/2013 Notice re currency conversion 11.4(1) Subject to subsection (3), on or after the registration date of a foreign order and on or after each currency conversion review date, the designated authority must notify the parties of the following: (a) the date used to convert the foreign support amount and any foreign support arrears into Canadian currency; (b) the applicable exchange rate used for the conversion; (c) the name of the bank from which the exchange rate was obtained; (d) if applicable, the date set by the designated authority as the currency conversion review date; (e) the converted support amount and the amount of the converted support arrears, if any; (f) if applicable, the date when the adjusted converted support amount is effective under subsection 11(3); (g) if applicable, the alternative method for obtaining the converted support amount and any converted support arrears used by the designated authority in accordance with subsection 11.3(1). 11.4(2) The designated authority may give the notice (a) by ordinary mail at each party's last known address; or (b) by an alternative method acceptable to the designated authority and the party, if the party has authorized the designated authority to notify the party by the alternative method specified. 11.4(3) If (a) a party resides in a reciprocating jurisdiction; and (b) an appropriate authority in the reciprocating jurisdiction originally sent the foreign order to Manitoba for registration; notice may be given to that party by sending it by ordinary mail to the appropriate authority in the reciprocating jurisdiction, or by any other method acceptable to the appropriate authority. M.R. 97/2013 ; 53/2023 Transitional — previously converted orders under former enactments 11.5(1) If a foreign order was previously registered under the Act or the former Act, and converted into Canadian currency in accordance with a former enactment, (a) the designated authority may set the first currency conversion review date and subsequent currency conversion review dates; and (b) the following provisions apply, with necessary changes, with respect to the previously converted foreign order: (i) clause 11(1)⁠(b), (ii) subsection 11(3) and subsections 11.1(3) and (4), (iii) sections 11.3 and 11.4. 11.5(2) In subsection (1), "former enactment" means, as the case may be, (a) the former Act; or (b) the regulations under the Act that were in force immediately before this section came into force. M.R. 97/2013 PART 3 VARIATION OF A SUPPORT ORDER Applicant Resident in Manitoba Financial information for support variation application 12 For the purpose of subsection 25(2) of the Act, an applicant's support variation application must be in the form required by the designated authority and include (a) the financial or other information required in the support variation application form; and (b) any other information or documents required by the reciprocating jurisdiction. Providing court with support variation application 13 After reviewing a support variation application submitted under subsection 26(1) of the Act, the designated authority must provide a copy to the Manitoba court. Further information or documents from applicant 14 For the purpose of subsection 26(3) of the Act, section 4 of this regulation applies, with necessary changes, with respect to the information or documents requested by a reciprocating jurisdiction from an applicant. Providing copies of order 15 For the purpose of subsection 26(4) of the Act, section 5 of this regulation applies, with necessary changes, to the designated authority in providing copies of an order to an applicant and the Manitoba court. If provisional order of variation required 16(1) If a reciprocating jurisdiction requires a provisional order of variation referred to in section 27 of the Act, the applicant may apply for the order by one of the following methods: (a) with respect to a support variation application referred to in subsection 25(2) of the Act, by (i) completing a support variation application, which must be in the form required by the designated authority, (ii) including the documents referred to in section 12 with the support variation application, and (iii) submitting the support variation application, the documents referred to in subclause (ii) and a proposed provisional order of variation to the designated authority for filing with the court; (b) by including a claim for a provisional order of variation in a document seeking relief that is filed with the Manitoba court. 16(2) The support variation application, including the documents referred to in subclause (1)⁠(a)⁠(ii), is evidence in a proceeding commenced under in section 27 of the Act. 16(3) Unless otherwise directed by the court or requested by the applicant, a support variation application for a provisional order of variation that is commenced under section 27 of the Act in the manner specified in clause (1)⁠(a) of this regulation, may proceed without an appearance by the applicant. 16(4) Where the document seeking relief that was filed with the Manitoba court does not include a request for a provisional order of variation, the Manitoba court may make a provisional order of variation, if (a) the respondent resides in a reciprocating jurisdiction that requires a provisional order of variation; and (b) with respect to the Manitoba court's jurisdiction, the respondent (i) has not accepted the Manitoba court's jurisdiction, or (ii) has accepted the Manitoba court's jurisdiction but the Manitoba court is not satisfied that a right of a government or an agency of a government referred to in section 39 of the Act can be taken into account unless a provisional order of variation is made. M.R. 211/2011 Applicant Resident Outside Manitoba If respondent habitually resides in Manitoba 17(1) For the purpose of subsection 29(1.3) of the Act, the court registrar must serve or arrange to serve the following documents on the respondent by personal service, or an alternative to personal service, in accordance with the King's Bench Rules : (a) a copy of the support application; (b) a notice to appear in the Manitoba court; (c) a copy of Form 70D (financial statement) of the King's Bench Rules ; (d) a copy of the response form referred to in clause (2)⁠(a). 17(2) The notice referred to in clause (1)⁠(b) must specify that the respondent must (a) file a response with the Manitoba court in the form required by the designated authority; (b) identify in the response any issues they will raise with respect to the support application; and (c) include the following in the response: (i) if the support application includes a claim for child support, the financial information required by subsections 21(1) and (2) of the guidelines, including a completed copy of Form 70D (financial statement) of the King's Bench Rules , (ii) if the support application includes a claim for support for the claimant, a completed copy of Form 70D (financial statement) of the King's Bench Rules . 17(3) The respondent must file their response and supporting documents with the Manitoba court within 20 days after service of the documents referred to in subsection (1). M.R. 211/2011 ; 53/2023 18 [Repealed] M.R. 53/2023 Order made in absence of respondent 19 For the purpose of subsection 34(3) of the Act, the designated authority must send a copy of the order and reasons, if any, to the respondent by ordinary mail at the respondent's last known address as noted on the court file. M.R. 211/2011 ; 53/2023 PART 4 GENERAL MATTERS Unsworn or unaffirmed documents 19.1 For the purpose of item 2 of subsection 41(4) of the Act, an unsworn or unaffirmed document may be transmitted by an appropriate authority in a reciprocating jurisdiction to the designated authority provided that the manner of transmission enables the designated authority to verify the authenticity of the document. M.R. 53/2023 PART 5 RECIPROCATING JURISDICTIONS, REPEAL AND COMING INTO FORCE Reciprocating jurisdictions 20 The jurisdictions named in the Schedule are declared to be reciprocating jurisdictions for the purposes of section 43 of the Act. Repeal 21 The Reciprocating States Regulation , Manitoba Regulation 123/87 made under The Reciprocal Enforcement of Maintenance Orders Act , is repealed. Coming into force 22 This regulation comes into force on January 31, 2003. SCHEDULE (section 20) RECIPROCATING JURISDICTIONS A. In Africa: Ghana South Africa Zimbabwe B. In Asia: Hong Kong Special Administrative Region of the People's Republic of China Singapore C. In Australia and Polynesia: Australia, including Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Island Fiji New Zealand Papua New Guinea D. In Canada: Alberta British Columbia New Brunswick Newfoundland and Labrador Northwest Territories Nova Scotia Nunavut Ontario Prince Edward Island Quebec Saskatchewan Yukon E. In Central America and West Indies: Barbados F. In Europe: Austria Czech Republic Germany Guernsey, Alderney and Sark Isle of Man Jersey Malta Norway Poland Slovak Republic Switzerland United Kingdom, (England, Wales, Scotland and Northern Ireland) G. The United States, including the fifty states, American Samoa, District of Columbia, Guam, Puerto Rico, 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.).