<<SR_PageTitle>>

Regulation number	Title
2016, c.102	Interjurisdictional Support Orders Act

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

2023-59

Citation

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

2023-59

Definitions

2The following definitions apply in this Regulation.

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

“child support guidelines” means the Federal Guidelines as defined in the Child Support Guidelines Regulation – Family Law Act.(lignes directrices sur les aliments pour enfant)

2023-59

Support application

2023-59

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

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.

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 habitually resides.

2023-59

Support variation application

2023-59

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

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.

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 habitually 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.

2023-59

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)Repealed: 2023-59

2023-59

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)Repealed: 2023-59

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 Response to Application - Form L; and

(b) Financial Information - Form I.

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).

2023-59

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 the support order was registered.

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

2023-59

Commencement

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

Form 1

Repealed: 2023-59

2018-38; 2023-59

Form 2

Repealed: 2023-59

2018-38; 2023-59

Form 3

Repealed: 2023-59