Acts and Regulations

I-12.05 - Interjurisdictional Support Orders Act

Section 27
Disposition versions

Full text
Notice of hearing
27(1)If a designated authority receives a support variation application from an appropriate authority in a reciprocating jurisdiction, containing information that the named respondent ordinarily resides in New Brunswick, the designated authority shall serve on the respondent, in the prescribed manner,
(a) a copy of the support variation application, and
(b) a notice requiring the respondent
(i) to appear at a place and time set out in the notice, and
(ii) to provide any prescribed information or documents.
27(2)If a designated authority is unable to serve a respondent under subsection (1) and knows or believes that the respondent ordinarily resides in another reciprocating jurisdiction in Canada, the designated authority shall
(a) forward the support variation application to the appropriate authority in that reciprocating jurisdiction, and
(b) notify the appropriate authority in the originating reciprocating jurisdiction that he or she has forwarded the support variation application.
27(3)If a designated authority is unable to serve a respondent under subsection (1) and
(a) is unable to determine where the respondent resides, or
(b) knows or believes that the respondent ordinarily resides outside of Canada,
the designated authority shall return the support variation application to an appropriate authority in the originating reciprocating jurisdiction, along with any information that he or she has concerning the respondent’s location and circumstances.
Notice of hearing
27(1)If a designated authority receives a support variation application from an appropriate authority in a reciprocating jurisdiction, containing information that the named respondent ordinarily resides in New Brunswick, the designated authority shall serve on the respondent, in the prescribed manner,
(a) a copy of the support variation application, and
(b) a notice requiring the respondent
(i) to appear at a place and time set out in the notice, and
(ii) to provide any prescribed information or documents.
27(2)If a designated authority is unable to serve a respondent under subsection (1) and knows or believes that the respondent ordinarily resides in another reciprocating jurisdiction in Canada, the designated authority shall
(a) forward the support variation application to the appropriate authority in that reciprocating jurisdiction, and
(b) notify the appropriate authority in the originating reciprocating jurisdiction that he or she has forwarded the support variation application.
27(3)If a designated authority is unable to serve a respondent under subsection (1) and
(a) is unable to determine where the respondent resides, or
(b) knows or believes that the respondent ordinarily resides outside of Canada,
the designated authority shall return the support variation application to an appropriate authority in the originating reciprocating jurisdiction, along with any information that he or she has concerning the respondent’s location and circumstances.