International Child Support and Family Maintenance Regulation

International Child Support and Family Maintenance Regulation, M.R. 56/2023 The International Child Support and Family Maintenance (Hague Convention) Act , C.C.S.M. c. I61 Regulation 56/2023 Registered June 2, 2023 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Competent authority 3 Abstracts and extracts 4 Direct request to court for recognition and enforcement 5 Applications made by Manitoba resident 6 Decisions expressed in non-Canadian currency 7 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The International Child Support and Family Maintenance (Hague Convention) Act . («  Loi  ») "child support service" has the same meaning as in The Child Support Service Act . (« service des aliments pour enfants ») "director" has the same meaning as in The Family Support Enforcement Act . (« directeur ») Competent authority 2(1) Subject to subsection (2), the court is the competent authority to exercise every power, duty or function under the Convention. 2(2) The Central Authority may designate the director, the child support service or both as the competent authority to exercise a power, duty or function under following articles of the Convention: (a) Article 18(2)⁠(c); (b) Article 25(1)⁠(b); (c) Article 25(2); (d) Article 25(3)⁠(b); (e) Article 30(3); (f) Article 44(1). Abstracts and extracts 3 For the purpose of Article 25(3)⁠(b) of the Convention, an application for recognition and enforcement of a decision may be accompanied by an abstract or extract of the decision in lieu of a complete text of the decision if (a) the application includes a statement that identifies the official who prepared the abstract or extract; and (b) the abstract or extract includes the following information: (i) the date the decision was made, (ii) the state in which the decision was made, (iii) the competent authority that made the decision, (iv) the full name of the debtor, (v) the full name of the person or persons for whom maintenance is payable, (vi) the full name of the person to whom maintenance is to be paid, (vii) the date of birth of the person or persons for whom maintenance is payable if the person or persons is a child, (viii) the specific amount of maintenance payable in the applicable currency and the frequency of the payment, (ix) the commencement date of the payment obligation, (x) the termination date of the payment obligation, if any. Direct request to court for recognition and enforcement 4 For the purpose of section 8 of the Act, a request for recognition and enforcement of a decision made directly to the court may be (a) directed by a judge or registrar under The Court of King's Bench Act to the Central Authority; and (b) treated by the Central Authority as an application under Article 10(1)⁠(a) or (2)⁠(a) of the Convention. Applications made by Manitoba resident 5(1) This section applies to an application made by a Manitoba resident that is to be transmitted under the Convention by the Central Authority to the central authority of a contracting state. 5(2) The Inter-jurisdictional Support Orders Act and the Inter-jurisdictional Support Orders Regulation , Manitoba Regulation 10/2003, apply, with the following and any other necessary modifications, to the application: 1. A reference in The Inter-jurisdictional Support Orders Act or the Inter-jurisdictional Support Orders Regulation to the designated authority is to be read as a reference to the Central Authority. 2. A reference in The Inter-jurisdictional Support Orders Act or the Inter-jurisdictional Support Orders Regulation to the appropriate authority is to be read as a reference to the central authority of a contracting state under the Convention. 3. A reference in The Inter-jurisdictional Support Orders Act to the Manitoba court is to be read as a reference to the court as defined in the Act. 4. A reference in the Inter-jurisdictional Support Orders Regulation to the form required by the designated authority is to be read as a reference to the form required by the Central Authority. 5(3) If the application of a provision of The Inter-jurisdictional Support Orders Act or the Inter-jurisdictional Support Orders Regulation is inconsistent or in conflict with an article of the Convention, the article of the Convention applies. Decisions expressed in non-Canadian currency 6 If a decision made in a contracting state that has been registered for enforcement under the Act refers to an amount of support that is not expressed in Canadian currency, the conversion of the amount into Canadian currency must be determined in accordance with sections 11 to 11.3 of the Inter-jurisdictional Support Orders Regulation , with necessary changes. Coming into force 7 This regulation comes into force on the same day that The International Child Support and Family Maintenance (Hague Convention) Act , S.M. 2022, c. 29, comes into force.