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B.C. Reg. 15/2003
O.C. 48/2003
Deposited January 23, 2003
effective January 31, 2003

Interjurisdictional Support Orders Act

Interjurisdictional Support Orders Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 303/2012, October 12, 2012]

Point in Time

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

Definitions

1  In this regulation, "Act" means the Interjurisdictional Support Orders Act.

Required information — sections 9 (4) and 29 (4)

2  The notice referred to in sections 9 (4) and 29 (4) of the Act must require a respondent to provide the following:

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

(b) one of the following forms, sworn by the respondent:

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

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

[am. B.C. Reg. 157/2010]

Notice under section 19 (2)

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

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

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

ITEM JURISDICTION
  Africa
1 South Africa, Republic of
2 Zimbabwe, Republic of
  Europe
3 Austria, Republic of
3.1 Czech Republic
4 Germany, Federal Republic of
5 Gibraltar
6 Norway, Kingdom of
6.1 Slovak Republic
6.2 Swiss Confederation
7 United Kingdom of Great Britain and of Northern Ireland
  Canada
8 Alberta
9 Manitoba
10 New Brunswick
11 Newfoundland and Labrador
12 Northwest Territories
13 Nova Scotia
14 Nunavut
15 Ontario
16 Prince Edward Island
17 Quebec
18 Saskatchewan
19 Yukon Territory
  United States of America
20 United 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
21 Hong Kong, Special Administrative Region
22 Singapore, Republic of
  Pacific Ocean
23 Australian Capital Territory
24 New South Wales
25 Northern Territory
26 Queensland
27 South Australia
28 Tasmania
29 Victoria
30 Western Australia
31 Fiji
32 Independent State of Papua New Guinea
33 New Zealand (including Cook Islands)
  Caribbean
34 Island 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) (a), (c), (d) and (f)]