Interjurisdictional Support Orders Regulations

made under Sections 54 and 55 of the

Interjurisdictional Support Orders Act

S.N.S. 2002, c. 9

O.I.C. 2003-133 (effective March 31, 2003), N.S. Reg. 73/2003

amended to O.I.C. 2023-16 (effective January 24, 2023), N.S. Reg. 14/2023

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation

Definitions

Application for support order

Application for support-variation order

Order respecting support variation made in absence of respondent

Reciprocating jurisdiction requesting further information or documents

Providing copies of order from reciprocating jurisdiction

Service if respondent habitually resides in Nova Scotia

Information required from respondent habitually resident in Nova Scotia

Forwarding copy of support order from reciprocating jurisdiction

Service of foreign order notices

Service of decision or order respecting foreign order

Conversion of amount of support expressed in non-Canadian currency

Declaration of reciprocating jurisdictions

Schedule A—Reciprocating Jurisdictions

Citation

1 These regulations may be cited as the Interjurisdictional Support Orders Regulations.

Definitions

2 (1) For the purpose of these regulations,

“Act” means the Interjurisdictional Support Orders Act;

“application” means a support application or a support-variation application, as the context requires;

“court” means a Nova Scotia court, as defined in clause 2(f) of the Act;

“foreign order” means a support order made in a reciprocating jurisdiction outside of Canada;

“order” includes reasons for the order, if any;

“support application” means an application made by a claimant pursuant to subsection 6(2) of the Act for a support order to be made in a reciprocating jurisdiction; and

“support-variation application” means an application made by an applicant pursuant to subsection 29(2) of the Act for a variation order to be made in a reciprocating jurisdiction.

(2) Words and expressions that are used in clause 9(1)(b) and that are not defined in these regulations have the meanings assigned to them under the Income Tax Act (Canada).

Application for support order

3 (1) In addition to the information required by subsection 6(2) of the Act, a claimant’s support application must be in the form required by the designated authority and include

(a) all financial and other information specified in the support application form; and

(b) any other information or documents required by the reciprocating jurisdiction.

(2) In addition to meeting the requirements of subsection 7(1) of the Act for submission of a support application, a claimant must submit 3 additional copies of the support application to the designated authority if requested by a reciprocal jurisdiction.

(3) The designated authority is authorized to transmit information, forms or documents required by the Act and regulations in electronic format.

Application for support-variation order

4 (1) In addition to the information required in the document under subsection 29(3) of the Act, an applicant’s support-variation application must be in the form required by the designated authority and include

(a) all financial and other information specified in the support-variation application form; and

(b) any other information or documents required by the reciprocating jurisdiction.

(2) [repealed]

(3) In addition to meeting the requirements of subsection 30(1) of the Act for submission of a support-variation application, an applicant must submit 3 additional copies of the support-variation application to the designated authority if requested by a reciprocal jurisdiction.

(4) The designated authority is authorized to transmit information, forms or documents required by the Act and regulations in electronic format.

Order respecting support variation made in absence of respondent

5 For the purposes of subsection 39(2) of the Act, a copy of an order respecting a support-variation application made in the absence of a respondent must be sent

(a) to the respondent by regular mail at their last known address on the court file; and

(b) to the designated authority.

Reciprocating jurisdiction requesting further information or documents

6 (1) For the purposes of subsections 7(3) and 30(3) of the Act, if a reciprocating jurisdiction requests further information or documents, a claimant or applicant must provide the information or documents in the manner required by the designated authority.

(2) If a claimant or applicant provides information or documents requested by a reciprocating jurisdiction as part of, or attached as exhibits to, a sworn document, the designated authority must forward the original sworn document, or a copy, to the appropriate authority in the reciprocating jurisdiction that requested it.

Providing copies of order from reciprocating jurisdiction

7 For the purposes of subsections 7(4) and 30(4) of the Act, a copy of an order received from a reciprocating jurisdiction must be sent

(a) to a claimant or applicant at the address specified on the application or the most current e-mail address provided by the claimant or applicant;

(b) to the court by sending it to the clerk of the court nearest to the address to which the order is sent to the claimant or applicant under clause (a).

Service if respondent habitually resides in Nova Scotia

8 (1) For the purposes of subsections 10(1) and 34(1) and Section 35 of the Act, service on a respondent may be by personal service or by regular or registered mail to the respondent’s last known address.

(2) For the purposes of subsection 15(2) of the Act, a copy of an order made in the absence of a respondent must be sent

(a) to the respondent by regular mail at the respondent’s last known address as noted on the court file; and

(b) to the designated authority.

Information required from respondent habitually resident in Nova Scotia

9 (1) A notice referred to in clause 10(1)(b), 34(1)(b) or 35(1)(b) of the Act must require a respondent to provide the following information and documents to the court specified in the notice within 20 days after service of the notice on the respondent:

(a) a statement setting out the respondent’s name and address for service;

(b) a statement of the financial circumstances of the respondent at the time the statement is made, containing the details of the respondent’s income, income sources, expenses, assets and debts, and including

(i) a copy of every personal income tax return filed by the respondent for each of the 3 most recent taxation years,

(ii) a copy of every notice of assessment and re-assessment issued to the respondent for each of the 3 most recent taxation years,

(iii) if the respondent is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime pay or, if such a statement is not provided by the employer, a letter from the respondent’s employer setting out that information including the respondent’s rate of annual salary or remuneration,

(iv) if the respondent is self-employed, for the 3 most recent taxation years

(A) the financial statements of the respondent’s business or professional practice, other than a partnership, and

(B) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the respondent does not deal at arm’s length,

(v) if the respondent is a partner in a partnership, confirmation of the respondent’s income and draw from, and capital in, the partnership for its 3 most recent taxation years,

(vi) if the respondent controls a corporation, for its 3 most recent taxation years

(A) the financial statements of the corporation and its subsidiaries, and

(B) a statement showing the breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm’s length,

(vii) if the respondent is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s 3 most recent financial statements, and

(viii) if the respondent receives income from employment insurance, social assistance, a pension, workers’ compensation, disability benefits or any other source, the most recent statement of income indicating the amount of income from the applicable source during the current year, or if such a statement is not provided, a letter from the applicable source stating the required information.

(2) In addition to the information required in clause (1)(b), if the application includes a claim of undue hardship respecting child support under the Provincial Child Support Guidelines made under the Parenting and Support Act, the statement must include the names and sources of income of all persons with whom the respondent resides or with whom the respondent shares living expenses or from whom the respondent receives any benefit.

(3) In addition to the information required in clause (1)(b), if support for a child over the age of majority is claimed or is an issue in the application, the statement must include information about the child’s financial circumstances, and the respondent must provide information on the child’s other circumstances.

Forwarding copy of support order from reciprocating jurisdiction

10 For the purposes of subsection 18(2) of the Act, a copy of an order made in a reciprocating jurisdiction must be sent to the clerk of the court.

Service of foreign order notices

11 (1) For the purposes of subsection 20(1) of the Act, notice of registration of a foreign order may be given by personal service or by registered mail at the party’s last known address on the court file.

(1A) If service of a notice cannot be effected in accordance with subsection (1), the notice may be given to the party by ordinary mail or another mode of delivery to the address that the clerk of the court determines, based on information in the court file, to be the party’s address or the address where the notice will come to the attention of the party.

(1B) For the purpose of subsection 20(2) of the Act, notice sent or delivered in accordance with subsection (1A) is deemed to have been received by the party, whether or not the notice is returned to the clerk of the court as undeliverable to the party,

(a) if sent or delivered within Canada, 10 days after it was sent or delivered; and

(b) if sent or delivered outside Canada, 21 days after it was sent or delivered.

(2) For the purposes of subsection 20(3) of the Act, a notice of an application under subsection 20(2) of the Act to set aside registration of a foreign order must include the date, time, and place of the application and must be served, at least 60 days before the application is to be heard by the court, on

(a) the designated authority by personal service or registered mail; and

(b) the party who claimed or applied for the foreign order

(i) by registered mail to the party’s last known address on the court file, or

(ii) if there is no address for the party on the court file, by registered mail to the appropriate authority in the reciprocating jurisdiction that sent the foreign order.

Service of decision or order respecting foreign order

12 A notice made under subsection 20(7) of the Act of a decision or order of the court respecting a foreign order must be sent

(a) to a party

(i) by regular mail at their last known address on the court file, or

(ii) if there is no address for the party on the court file, to the appropriate authority of the reciprocating jurisdiction in which the original order was made; and

(b) to the designated authority.

Conversion of amount of support expressed in non-Canadian currency

13 (1) In this Section, “exchange rate” means a rate of exchange established by a bank that is a member of the Canadian Deposit Insurance Corporation.

(2) For the purposes of Sections 22 and 46 of the Act, when converting an amount of support into Canadian currency, the designated authority must do all of the following:

(a) on or near the registration date,

(i) convert the foreign support amount by applying the exchange rate that was in effect at 3:30 p.m. Atlantic Time on the date the support order was made or last varied, and

(ii) certify on the foreign order the amount calculated under subclause (i) as the converted support amount; and

(b) after converting a foreign support amount in accordance with clause (a),

(i) set the currency conversion review date,

(ii) adjust the converted 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,

(iii) certify the amount calculated under subclause (ii) as the converted support amount as of the currency review date, and

(iv) set a subsequent currency conversion review date, in which case subclauses (ii) and (iii) apply to the applicable currency conversion review date.

(3) Despite subsection (2), if the exchange rate referred to in subsection (2) is not reasonably available, the designated authority may apply the exchange rate that was in effect

(a) on the date on which the foreign order was registered; or

(b) on a date other than the date on which the foreign order was registered, if the other date is closer to the date on which the foreign order was made or last varied.

(4) 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 debtor as of the registration date for the purposes of enforcement of the foreign order by the designated authority until the converted support amount is adjusted by the designated authority under clause (1)(b).

(5) The converted support amount as adjusted and certified on the foreign order by the designated authority under clause (1)(b) is deemed to be 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).

(6) The designated authority must 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 Nova Scotia for registration by an appropriate authority in the reciprocating jurisdiction, by providing notice to the appropriate authority by ordinary mail or any other method acceptable to the appropriate authority.

(7) This Section applies with respect to a converted support amount if its currency conversion date is on or after the date these regulations come into force.

Declaration of reciprocating jurisdictions

14 The jurisdictions named in Schedule A are declared to be reciprocating jurisdictions for the purposes of Section 54 of the Act.

________________________________________________________________

Schedule A—Reciprocating Jurisdictions

Asia	Europe
Singapore, Republic of	Austria, Republic of
	Germany, Federal Republic of
Canada	Gibraltar
Alberta	Island of Guernsey
British Columbia	Isle of Man
Manitoba	Norway, Kingdom of
New Brunswick	Poland, Republic of
Newfoundland and Labrador	United Kingdom of Great Britain and Northern Ireland
Northwest Territories
Nunavut	Pacific Ocean
Ontario	Australian Capital Territory
Prince Edward Island	New South Wales
Quebec	Northern Territory
Saskatchewan	South Australia
Yukon Territory	Tasmania
	Victoria
	Western Australia
	Independent State of Papua New Guinea
	New Zealand (including Cook Islands)

	United States of America
	United States of America, including the 50 states, the District of Columbia, Guam, Puerto Rico, and the United States Virgin Islands

The current consolidation of the Interjurisdictional Support Orders Regulations made under the Interjurisdictional Support Orders Act includes all of the following regulations:

The following regulations are not yet in force and are not included in the current consolidation:

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue
73/2003	Mar 31, 2003	date specified	Apr 18, 2003
40/2013	Feb 19, 2013	date specified	Mar 8, 2013
87/2017	May 26, 2017	date specified	May 12, 2017
164/2017	Feb 12, 2018	date specified	Nov 24, 2017
14/2023	Jan 24, 2023	date specified	Feb 10, 2023

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.

ad. = added am. = amended	fc. = fee change ra. = reassigned		rep. = repealed rs. = repealed and substituted
Provision affected		How affected
2(1)...................................................		am. 164/2017 (clause letters removed)
3(1)...................................................		rs. 164/2017
3(2)...................................................		am. 164/2017; rs. 14/2023
3(3)...................................................		ad. 14/2023
4(1)...................................................		rs. 164/2017; am. 14/2023
4(2)...................................................		rep. 164/2017
4(3)...................................................		am. 164/2017; rs. 14/2023
4(4)...................................................		ad. 14/2023
5(b)...................................................		am. 14/2023
6(2)...................................................		am. 14/2023
7(a)...................................................		rs. 14/2023
7(b)...................................................		am. 40/2013, 14/2023
8(2)(b)..............................................		am. 14/2023
9 .......................................................		am. 40/2013
9(1)...............................................		am. 14/2023
9(1)(b)..........................................		am. 14/2023
9(1)(b)(iii)....................................		am. 164/2017
9(2)...............................................		am. 87/2017, 14/2023
9(3)...............................................		am. 14/2023
10......................................................		am. 14/2023
11(1).................................................		am. 40/2013
11(1A)..............................................		ad. 40/2013
11(1B)..............................................		ad. 40/2013
12(a)(ii)............................................		am. 14/2023
12(b).................................................		am. 14/2023
13(2).................................................		am. 40/2013; rs. 14/2023
13(4).................................................		rs. 14/2023
13(5)-(7)...........................................		ad. 14/2023
Schedule A.......................................		am. 40/2013

N.S. Regulation	Title	In force date	Repealed date
(as amended up to 29/1999)	Reciprocating States Declaration Regulations made under the Maintenance Orders Enforcement Act, R.S.N.S. 1989, c. 268	1951	Mar 31, 2003

Interjurisdictional Support Orders Regulations	N.S. Reg. 73/2003
Interjurisdictional Support Orders Act
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

	Note	Effective date