<<SR_PageTitle>>

Under subsection 43(3) of the Interjurisdictional Support Orders Act, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1This Regulation may be cited as the Procedural Regulation - Interjurisdictional Support Orders Act.

Definitions

2The following definitions apply in this Regulation.

“Act” means the Interjurisdictional Support Orders Act. (Loi)

“child support guidelines” means the Federal Guidelines adopted by New Brunswick Regulation 98-27 under the Family Services Act. (lignes directrices en matière de soutien pour enfants)

Support application

3(1)A support application under subsection 5(2) of the Act shall be in Form 1.

3(2)The following forms are prescribed for the purposes of paragraph 5(2)(e) of the Act:

(a) Identification Information - Form 2;

(b) Evidence of Parentage - Form 3;

(c) Statements to Support a Declaration of Biological Parentage -Form 4;

(d) Child Support Claim - Form 5;

(e) Request for Support Order if Respondent Does Not Provide Financial Information - Form 6;

(f) Request for Child Support Different from Child Support Guidelines Table Amount - Form 7;

(g) Special Expense Claim - Form 8;

(h) Request to Pay Child Support Different from Child Support Guidelines Table Amount - Form 9;

(i) Support for Claimant/Applicant - Form 10;

(j) Financial Statement - Form 11;

(k) Child’s Status and Financial Statement - Form 12.

3(3)When submitting a support application under subsection 6(1) of the Act, a claimant shall submit the application to the court administrator in the judicial district in which the claimant ordinarily resides.

Support variation application

4(1)A support variation application under subsection 23(2) of the Act shall be in Form 1.

4(2)The following forms are prescribed for the purposes of paragraph 23(2)(f) of the Act:

(a) Identification Information - Form 2;

(b) Evidence of Parentage - Form 3;

(c) Statements to Support a Declaration of Biological Parentage -Form 4;

(d) Child Support Claim - Form 5;

(e) Request for Support Order if Respondent Does Not Provide Financial Information - Form 6;

(f) Request for Child Support Different From Child Support Guidelines Table Amount - Form 7;

(g) Special Expense Claim - Form 8;

(h) Request to Pay Child Support Different from Child Support Guidelines Table Amount - Form 9;

(i) Support for Claimant/Applicant - Form 10;

(j) Financial Statement - Form 11;

(k) Child’s Status and Financial Statement - Form 12; and

(l) Evidence to Support Variation of Support Order - Form 13.

4(3)When submitting a support variation application under subsection 24(1) of the Act, an applicant shall submit the application to the court administrator in the judicial district in which the applicant ordinarily resides.

4(4)Upon receiving a support variation application in accordance with subsection (3), a court administrator shall forward the application to a designated authority.

Further information

5(1)If a claimant is required to provide further information to a court administrator under subsection 6(3) of the Act, the claimant shall provide the information in an affidavit sworn to or solemnly affirmed by the claimant.

5(2)If an applicant is required to provide further information to a court administrator under subsection 24(3) of the Act, the applicant shall provide the information in an affidavit sworn to or solemnly affirmed by the applicant.

5(3)A request for further information under paragraph 10(2)(a) or 28(2)(a) of the Act shall be in Form 14.

Forwarding of documents

6(1)If a designated authority is required to provide or forward documents under subsection 6(4), 17(2) or 24(4) of the Act, the designated authority shall provide or forward the documents by ordinary mail.

6(2)If a court administrator is required to forward documents under subsection 6(5) or 24(5) of the Act, the court administrator shall forward the documents by ordinary mail.

6(3)If a court administrator is required to forward a copy of an order under subsection 14(2) of the Act, the court administrator shall forward the copy by

(a) personal service in accordance with Rule 18 of the Rules of Court, or

(b) registered mail.

6(4)If a document is required to be provided to a party or a designated authority under subsection 19(6) of the Act, it shall be provided by ordinary mail.

Notice of hearing

7(1)A designated authority shall serve the documents referred to in subsections 9(1) and 27(1) of the Act by personal service in accordance with Rule 18 of the Rules of Court, and proof of service shall be given in accordance with that Rule.

7(2)The notice required under paragraphs 9(1)(b) and 27(1)(b) of the Act shall be in Form 15.

7(3)The following documents are prescribed for the purposes of subparagraphs 9(1)(b)(ii) and 27(1)(b)(ii) of the Act:

(a) Respondent’s Answer to Application - Form 16; and

(b) Financial Statement - Form 11.

7(4)The documents prescribed by subsection (3) shall be completed by the respondent and filed with the New Brunswick court within 20 days after the respondent has been served in accordance with subsection (1).

Foreign orders

8(1)A court administrator shall provide notice of the registration of a foreign order by registered mail.

8(2)The Notice of Application (Form 73A) of the Rules of Court is prescribed for the purposes of applying to a New Brunswick court under subsection 19(2) of the Act to set aside the registration of a foreign order.

Conversion of foreign currency

9(1)For the purposes of section 38 of the Act, a court administrator shall convert the amount of support into Canadian currency by using the rate of exchange that was applicable on the date and at the time the support order was made or last varied or the application was prepared.

9(2)A court administrator shall obtain the applicable rate of exchange under subsection (1) from any chartered bank.

Commencement

10This Regulation comes into force on February 1, 2004.