O. Reg. 55/03: GENERAL

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Interjurisdictional Support Orders Act, 2002

ONTARIO REGULATION 55/03

general

Consolidation Period: From March 1, 2021 to the e-Laws currency date.

Last amendment: 34/21.

Legislative History: 34/21.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“rules” means the Family Law Rules, Ontario Regulation 114/99; (“règles”)

“send”, when used in reference to a person, means to,

(a)  send by ordinary or regular mail to the person’s lawyer or, if none, to the person,

(b)  send by courier to the person’s lawyer or, if none, to the person,

(c)  deposit at a document exchange to which the person’s lawyer belongs, or

(d)  fax to the person’s lawyer or, if none, to the person. (“envoyer”)  O. Reg. 55/03, s. 1.

New Order — Claimant in Ontario

Support application

2. A claimant to whom subsection 5 (1) of the Act applies shall use Form A.1 (Support Application under the Interjurisdictional Support Orders (ISO) Act) and any of Forms B to J that are necessary in the particular case. O. Reg. 55/03, s. 2; O. Reg. 34/21, s. 1.

Further information or documents

3. For the purpose of subsection 6 (3) of the Act, further information or documents requested by the appropriate authority in a reciprocating jurisdiction shall be provided as follows:

1.  If the information or documents are provided by the claimant, they shall be part of, or attached as exhibits to, a sworn statement made by the claimant. The claimant shall give the sworn statement to the designated authority, which shall send it to the appropriate authority.

2.  If the information or documents are provided by the designated authority, the designated authority shall send them to the appropriate authority.  No sworn statement is required.  O. Reg. 55/03, s. 3.

When order received in Ontario

4. On receiving a certified copy of an order and reasons, if any, as described in subsection 6 (4) of the Act, the designated authority shall send a copy of the order and reasons, if any, to the claimant at the address shown on the support application or the more recent address provided by the claimant.  O. Reg. 55/03, s. 4.

Provisional order

5. A claimant to whom section 7 of the Act applies shall use Form A.1 (Support Application under the Interjurisdictional Support Orders (ISO) Act) and any of Forms B to J that are necessary in the particular case. O. Reg. 55/03, s. 5; O. Reg. 34/21, s. 2.

New Order — Claimant Outside Ontario

Service on respondent

6. For the purposes of section 10 of the Act,

(a)  the clerk of the Ontario court shall serve the documents referred to in that section on the respondent in accordance with subrule 37 (3) of the rules; and

(b)  the information or documents that the respondent is required to provide are set out in subrule 37 (4) of the rules.  O. Reg. 55/03, s. 6.

Order made in absence of respondent

7. For the purposes of subsection 15 (2) of the Act, the Ontario court shall send copies of an order made under subsection 15 (1) of the Act to the designated authority and to the respondent in accordance with subrule 37 (16) of the rules.  O. Reg. 55/03, s. 7.

Registration and Enforcement of Orders Made Outside Ontario

Sending order to court

8. (1) When the designated authority receives a certified copy of an order under subsection 18 (2) of the Act, the designated authority shall send the certified copy to the clerk of the Ontario court sitting nearest the place where the party is believed to reside.  O. Reg. 55/03, s. 8 (1).

(2) Subsection (1) also applies with respect to orders received as described in subsections 6 (4) and 28 (4) of the Act.  O. Reg. 55/03, s. 8 (2).

Notice of registration of order made outside Canada

9. For the purpose of subsection 20 (1) of the Act, the clerk of the Ontario court shall give notice of the registration of an order made outside Canada to any party to the order who is believed to ordinarily reside in Ontario in accordance with subrule 37 (18) of the rules.  O. Reg. 55/03, s. 9.

Notice of motion to set registration aside

10. For the purpose of subsection 20 (3) of the Act, a party shall give notice of a motion to set aside the registration of an order made outside Canada in accordance with subrule 37 (20) of the rules.  O. Reg. 55/03, s. 10.

Notice of decision or order

11. For the purpose of subsection 20 (7) of the Act, the clerk of the Ontario court shall give notice of a decision or order of that court under section 20 of the Act in accordance with subrules 37 (22) and (23) of the rules.  O. Reg. 55/03, s. 11.

Variation of Order — Applicant in Ontario

Support variation application

12. An applicant to whom subsection 27 (1) of the Act applies shall use Form A.2 (Support Variation Application under the Interjurisdictional Support Orders (ISO) Act) and any of Forms B to K that are necessary in the particular case. O. Reg. 55/03, s. 12; O. Reg. 34/21, s. 3.

Further information or documents

13. For the purpose of subsection 28 (3) of the Act, further information or documents requested by the appropriate authority in a reciprocating jurisdiction shall be provided as follows:

1.  If the information or documents are provided by the applicant, they shall be part of, or attached as exhibits to, a sworn statement made by the applicant. The applicant shall give the sworn statement to the designated authority, which shall send it to the appropriate authority.

2.  If the information or documents are provided by the designated authority, the designated authority shall send them to the appropriate authority.  No sworn statement is required.  O. Reg. 55/03, s. 13.

When order received in Ontario

14. On receiving a certified copy of an order and reasons, if any, as described in subsection 28 (4) of the Act, the designated authority shall send a copy of the order and reasons, if any, to the applicant at the address shown on the variation application or the more recent address provided by the applicant.  O. Reg. 55/03, s. 14.

Provisional variation order

15. An applicant to whom section 30 of the Act applies shall use Form A.2 (Support Variation Application under the Interjurisdictional Support Orders (ISO) Act) and any of Forms B to K that are necessary in the particular case. O. Reg. 55/03, s. 15; O. Reg. 34/21, s. 4.

Variation of Order — Applicant Outside Ontario

Service on respondent and information or documents to be provided by respondent

16. For the purposes of section 33 of the Act,

(a)  the clerk of the Ontario court shall serve the documents referred to in that section on the respondent in accordance with subrule 37 (3) of the rules; and

(b)  the information or documents that the respondent is required to provide are set out in subrule 37 (4) of the rules.  O. Reg. 55/03, s. 16.

Order made in absence of respondent

17. For the purposes of subsection 37 (2) of the Act, the Ontario court shall send copies of an order made under subsection 37 (1) of the Act to the designated authority and to the respondent in accordance with subrule 37 (16) of the rules.  O. Reg. 55/03, s. 17.

Conversion into Canadian Currency

Conversion into Canadian currency

18. (1) For the purpose of section 44 of the Act, the clerk of the Ontario court shall convert an amount of support that is not expressed in Canadian currency into Canadian currency as follows:

1.  The clerk shall obtain from a bank listed in Schedule I or II to the Bank Act (Canada) a quotation for the equivalent amount in Canadian currency at the rate of exchange applicable on the day the order was registered.

2.  The clerk shall certify the resulting amount in Canadian currency on the order. O. Reg. 55/03, s. 18 (1); O. Reg. 34/21, s. 5 (1).

(2) The amount in Canadian currency that is certified under paragraph 2 of subsection (1) is the amount of support payable, subject to an adjustment under section 19. O. Reg. 34/21, s. 5 (2).

Conversion adjustments

19. (1) In this section,

“converted support amount” means a support amount that has been converted into Canadian currency under section 44 of the Act, as adjusted under subsection (2), if applicable; (“montant d’aliments converti”)

“currency conversion adjustment date”, in relation to a converted support amount, means the date on which a period determined by the designated authority under subsection (5) that applies to the converted support amount ends; (“date de rajustement de la conversion de monnaie”)

“currency conversion date” means the date on which a support amount that is not expressed in Canadian currency is converted into Canadian currency under section 44 of the Act. (“date de conversion de monnaie”) O. Reg. 34/21, s. 6.

(2) The designated authority shall, on or near each currency conversion adjustment date that applies with respect to a converted support amount, adjust the converted support amount by,

(a)  obtaining from a bank listed in Schedule I or II to the Bank Act (Canada) a quotation for an amount in Canadian currency that, as of the day the adjustment is to be made, is equivalent to the support amount that was converted into Canadian currency under section 44 of the Act; and

(b)  filing a statement with the Ontario court certifying the amount in Canadian currency obtained under clause (a) as the converted support amount as of the currency conversion adjustment date. O. Reg. 34/21, s. 6.

(3) The amount in Canadian currency that is certified under clause (2) (b) is the amount of support payable on and after the 30th day following the applicable currency conversion adjustment date, subject to a subsequent adjustment under subsection (2). O. Reg. 34/21, s. 6.

(4) The designated authority shall give notice of an adjustment under subsection (2) to each party,

(a)  by sending the notice to the party; or

(b)  if the party resides in a reciprocating jurisdiction and the support order was sent to Ontario for registration by an appropriate authority in the reciprocating jurisdiction, by providing the notice to the appropriate authority by ordinary mail or any other method acceptable to the appropriate authority. O. Reg. 34/21, s. 6.

(5) For the purposes of this section, the designated authority shall, from time to time, determine a period with respect to converted support amounts that,

(a)  in the case of converted support amounts that have not been adjusted under subsection (2), is no longer than five years after the currency conversion date; and

(b)  in the case of converted support amounts that have been adjusted under subsection (2), is no longer than five years after the last adjustment under that subsection. O. Reg. 34/21, s. 6.

(6) This section applies with respect to a converted support amount if its currency conversion date is on or after the day section 6 of Ontario Regulation 34/21 came into force. O. Reg. 34/21, s. 6.

Forms

Forms

20. (1) The following forms, dated January 1, 2021 and available on the website of the Government of Ontario Central Forms Repository, are prescribed for the purposes of this Regulation and the Act:

1.  Form A.1, Support Application under the Interjurisdictional Support Orders (ISO) Act.

2.  Form A.2, Support Variation Application under the Interjurisdictional Support Orders (ISO) Act.

3.  Form B, Parentage.

4.  Form C, Child Support Claim.

5.  Form D, Request for Support Order (If Respondent Does Not Provide Financial Information).

6.  Form E, Request for Child Support Different than Child Support Table Amount.

7.  Form F, Special or Extraordinary Expense Claim.

8.  Form G, Request to Pay Child Support Different than Child Support Table Amount.

9.  Form H, Support for Claimant/Applicant.

10.  Form I, Financial Information.

11.  Form J, Child Status and Financial Statement.

12.  Form K, Evidence to Support Variation of a Support Order.

13.  Form L, Respondent’s Response to Application. O. Reg. 34/21, s. 6.

(2) For the purposes of Forms A.1 and A.2, the Additional Locate Information Form is the Additional Locate Information Form dated January 1, 2021 and available on the website of the Government of Ontario Central Forms Repository. O. Reg. 34/21, s. 6.

(3) If an affidavit is required for any of the following purposes, the Affidavit in Form M, dated January 1, 2021 and available on the website of the Government of Ontario Central Forms Repository, shall be used:

1.  For additional evidence in support of an application or response to an application.

2.  In response to a request for further information or documents from the reciprocating jurisdiction. O. Reg. 34/21, s. 6.

 

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