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B.C. Reg. 15/2003
O.C. 48/2003
Deposited January 23, 2003
effective January 31, 2003
This consolidation is current to July 18, 2017.
Link to Point in Time

Interjurisdictional Support Orders Act

Interjurisdictional Support Orders Regulation

[includes amendments up to B.C. Reg. 290/2016, December 7, 2016]

Contents
1Definitions
2Required information — sections 9 (1) and 29 (1) of Act
3Notice under section 19 (2) of Act
4Required information — section 25 of Act
5Currency conversion — section 39 of Act
6Reciprocating jurisdiction

Definitions

1  In this regulation:

"Act" means the Interjurisdictional Support Orders Act;

"child support guidelines" has the same meaning as in section 1 of the Family Law Act Regulation, B.C. Reg. 347/2012.

[en. B.C. Reg. 290/2016.]

Required information — sections 9 (1) and 29 (1) of Act

2  (1) The notice referred to in sections 9 (1) and 29 (1) of the Act must require a respondent to provide the following:

(a) the respondent's response to the support application or support variation application, as the case may be;

(b) subject to subsection (2), the respondent's financial information in one of the following forms:

(i) if the notice relates to a support application or support variation application in the Provincial Court, Form 4 "Financial Statement" of the Provincial Court (Family) Rules, B.C. Reg. 417/98, or a form similar to that form;

(ii) if the notice relates to a support application or support variation application in the Supreme Court, Form F8 "Financial Statement" of the Supreme Court Family Rules, B.C. Reg. 169/2009, or a form similar to that form.

(2) Subsection (1) (b) applies only to a respondent who is responding to one or both of the following:

(a) a support application or support variation application respecting spousal support;

(b) a support application or support variation application respecting child support and at least one of the following applies:

(i) the application is for the respondent to pay child support;

(ii) the application involves a child for whom support is claimed who is at least 19 years of age;

(iii) the income of the person asked to pay child support is more than $150 000;

(iv) the application includes a claim for special or extraordinary expenses under section 7 of the child support guidelines;

(v) there are two or more children, the applicant and respondent are both guardians of each of the children, and each guardian has the majority of parenting time with one or more of those children;

(vi) the applicant and respondent have parenting arrangements in which each has at least 40% of the parenting time, and the child is the subject of the application;

(vii) the application includes a claim of undue hardship under section 10 of the child support guidelines;

(viii) the application is for an amount of support other than the amount set out in the applicable table in Schedule I to the child support guidelines.

[en. B.C. Reg. 290/2016.]

Notice under section 19 (2) of Act

3  (1) Notice of an application to set aside the registration of a foreign order under section 19 of the Act must include the following information:

(a) which of the circumstances referred to in section 19 (3) (b) (i), (ii) or (iii) of the Act the applicant is relying on to set aside the registration of the foreign order;

(b) the evidence on which the applicant is relying to support his or her application to set aside the registration of the foreign order.

(2) For the purposes of section 19 (2) of the Act, an applicant must

(a) serve notice of an application to set aside the registration of a foreign order on the designated authority by certified mail at least 30 days before the date the application is to be heard by the court, and

(b) at least 10 days before the hearing, file proof of the service of the notice with the court in which the application is to be heard, in accordance with the rules of that court.

Required information — section 25 of Act

4  For the purposes of section 25 (3) (e) of the Act, the applicant must include a statement that sets out in detail,

(a) the financial circumstances of the applicant at the time the statement is sworn, and

(b) the basis for the application, including changes in the applicant's financial circumstances from the time the support order was made until the time the applicant's statement is sworn.

Currency conversion — section 39 of Act

5  For the purposes of section 39 of the Act, the designated authority must convert a foreign support amount by applying the rate of conversion, as determined by the Provincial Treasury, on or about the date of registration of the foreign support order.

[en. B.C. Reg. 303/2012, s. (b) (i).]

Reciprocating jurisdiction

6  Pursuant to section 44 (3) of the Act, each jurisdiction referred to in the following Schedule is a reciprocating jurisdiction:

Schedule

ITEMJURISDICTION
 Africa
1South Africa, Republic of
2Zimbabwe, Republic of
 Europe
3Austria, Republic of
3.1Czech Republic
4Germany, Federal Republic of
5Gibraltar
6Norway, Kingdom of
6.1Slovak Republic
6.2Swiss Confederation
7United Kingdom of Great Britain and of Northern Ireland
 Canada
8Alberta
9Manitoba
10New Brunswick
11Newfoundland and Labrador
12Northwest Territories
13Nova Scotia
14Nunavut
15Ontario
16Prince Edward Island
17Quebec
18Saskatchewan
19Yukon Territory
 United States of America
20United States of America, including the District of Columbia, Puerto Rico,
Guam, American Samoa, the United States Virgin Islands and
any other jurisdiction of the United States of America participating in
Title IV-D of the Social Security Act (U.S.A.)
 Asia
21Hong Kong, Special Administrative Region
22Singapore, Republic of
 Pacific Ocean
23Australian Capital Territory
24New South Wales
25Northern Territory
26Queensland
27South Australia
28Tasmania
29Victoria
30Western Australia
31Fiji
32Independent State of Papua New Guinea
33New Zealand (including Cook Islands)
 Caribbean
34Island of Barbados and its Dependencies

[am. B.C. Regs. 351/2003; 164/2004; 303/2012, s. (b) (ii).]

[Provisions relevant to the enactment of this regulation: Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, section 44 (2)]