Acts and Regulations

2023-59 - Interjurisdictional Support Orders Act

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NEW BRUNSWICK
REGULATION 2023-59
under the
Interjurisdictional Support
Orders Act
(O.C. 2023-212)
Filed November 3, 2023
1The enacting clause of the French version of New Brunswick Regulation 2004-4 under the Interjurisdictional Support Orders Act is amended by striking out “ordonnances de soutien” and substituting “ordonnances alimentaires”.
2Section 1 of the French version of the Regulation is amended by striking out “ordonnances de soutien” and substituting “ordonnances alimentaires”.
3Section 2 of the Regulation is amended
(a) in the French version by repealing the definition « lignes directrices en matière de soutien pour enfants »;
(b) in the English version by repealing the definition “child support guidelines” and substituting the following:
“child support guidelines” means the Federal Guidelines as defined in the Child Support Guidelines RegulationFamily Law Act.(lignes directrices sur les aliments pour enfant)
(c) in the French version in the definition « Loi », by striking out “ordonnances de soutien” and substituting “ordonnances alimentaires”;
(d) in the French version by adding the following definition in alphabetical order:
“lignes directrices sur les aliments pour enfant” Les lignes directrices fédérales selon la définition que donne de ce terme le Règlement établissant les lignes directrices sur les aliments pour enfant – Loi sur le droit de la famille.(child support guidelines)
4The heading “Demande de soutien” preceding section 3 of the French version of the Regulation is amended by striking out “de soutien” and substituting “d’aliments”.
5Section 3 of the Regulation is amended
(a) in subsection (1) by striking out “Form 1” and substituting “Form A.1”;
(b) by repealing subsection (2) and substituting the following:
3(2)The following forms are prescribed for the purposes of paragraph 5(2)(e) of the Act:
(a) Parentage – Form B;
(b) Child Support Claim – Form C;
(c) Request for Support Order (if Respondent does not provide financial information) – Form D;
(d) Request for Child Support Different from Child Support Guidelines Table Amount – Form E;
(e) Special or Extraordinary Expense Claim – Form F;
(f) Request to Pay Child Support Different from Child Support Guidelines Table Amount – Form G;
(g) Support for Claimant/Applicant – Form H;
(h) Financial Information – Form I;
(i) Child Status and Financial Statement – Form J; and
(j) Additional Locate Information – Form M.
(c) in subsection (3) by striking out “ordinarily resides” and substituting “habitually resides”.
6The heading “Demande de modification d’une ordonnance de soutien” preceding section 4 of the French version of the Regulation is amended by striking out “ordonnance de soutien” and substituting “ordonnance alimentaire”.
7Section 4 of the Regulation is amended
(a) in subsection (1) by striking out “Form 1” and substituting “Form A.2”;
(b) by repealing subsection (2) and substituting the following:
4(2)The following forms are prescribed for the purposes of paragraph 23(2)(f) of the Act:
(a) Parentage – Form B;
(b) Child Support Claim – Form C;
(c) Request for Support Order (if Respondent does not provide financial information) – Form D;
(d) Request for Child Support Different from Child Support Guidelines Table Amount – Form E;
(e) Special or Extraordinary Expense Claim – Form F;
(f) Request to Pay Child Support Different from Child Support Guidelines Table Amount – Form G;
(g) Support for Claimant/Applicant – Form H;
(h) Financial Information – Form I;
(i) Child Status and Financial Statement – Form J;
(j) Evidence to Support Variation of a Support Order – Form K; and
(k) Additional Locate Information – Form M.
(c) in subsection (3) by striking out “ordinarily resides” and substituting “habitually resides”;
(d) in subsection (4) of the French version by striking out “ordonnance de soutien” and substituting “ordonnance alimentaire”.
8Subsection 5(3) of the Regulation is repealed.
9Section 7 of the Regulation is amended
(a) by repealing subsection (2);
(b) in subsection (3),
(i) in paragraph (a) by striking out “Respondent’s Answer to Application - Form 16” and substituting “Respondent’s Response to Application - Form L”;
(ii) in paragraph (b) by striking out “Financial Statement - Form 11” and substituting “Financial Information - Form I”.
10Subsection 9(1) of the Regulation is repealed and the following is substituted: 
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 the support order was registered.
11Form 1 of the Regulation is repealed.
12Form 2 of the Regulation is repealed.
13Form 3 of the Regulation is repealed.
14Form 4 of the Regulation is repealed.
15Form 5 of the Regulation is repealed.
16Form 6 of the Regulation is repealed.
17Form 7 of the Regulation is repealed.
18Form 8 of the Regulation is repealed.
19Form 9 of the Regulation is repealed.
20Form 10 of the Regulation is repealed.
21Form 11 of the Regulation is repealed.
22Form 12 of the Regulation is repealed.
23Form 13 of the Regulation is repealed.
24Form 14 of the Regulation is repealed.
25Form 15 of the Regulation is repealed.
26Form 16 of the Regulation is repealed.
27The Regulation is amended by adding the attached Form A.1.
28The Regulation is amended by adding the attached Form A.2.
29The Regulation is amended by adding the attached Form B.
30The Regulation is amended by adding the attached Form C.
31The Regulation is amended by adding the attached Form D.
32The Regulation is amended by adding the attached Form E.
33The Regulation is amended by adding the attached Form F.
34The Regulation is amended by adding the attached Form G.
35The Regulation is amended by adding the attached Form H.
36The Regulation is amended by adding the attached Form I.
37The Regulation is amended by adding the attached Form J.
38The Regulation is amended by adding the attached Form K.
39The Regulation is amended by adding the attached Form L.
40The Regulation is amended by adding the attached Form M.
41This Regulation comes into force on December 1, 2023.