Disposition versions

Acts and Regulations

2020, c.23 - Family Law Act

Full text

In force date

2021-03-01 Show full text at this date

Regulations

88(1)The Lieutenant-Governor in Council may make regulations

(a) establishing guidelines respecting the making of a child support order, including but not limited to guidelines

(i) respecting the way in which the amount of a child support order is to be determined,

(ii) respecting the circumstances in which discretion may be exercised in the making of a child support order,

(iii) respecting, for the purposes of section 22, the circumstances that constitute a change of circumstances,

(iv) respecting the determination of income for the purposes of the application of the guidelines,

(v) authorizing the Court to impute income for the purposes of the application of the guidelines, and

(vi) respecting the production of income information and providing for sanctions when that information is not provided;

(b) prescribing the form of the certificate issued by the Court under subsection 31(1);

(d) respecting the process for recalculating child support under section 33, including establishing the factors and criteria that the child support service may use in the recalculation;

(e) prescribing eligibility criteria referred to in paragraph 33(4)(b), including prescribing the circumstances in which the child support service may or shall decline to recalculate;

(f) respecting applications for the registration of child support orders under subsection 34(1), including information that is required on registering;

(g) prescribing the circumstances in which the child support service may decline to register a child support order;

(h) respecting requirements for the withdrawal of child support orders from the child support service under subsection 34(2), including but not limited to

(i) prescribing the persons or classes of persons who may withdraw a child support order, and

(ii) prescribing the time and manner in which a request for withdrawal may be made;

(i) prescribing clauses that are required to be included in a child support order under section 36;

(j) respecting the manner in which child support orders that do not contain the clauses required under section 36 may be dealt with;

(k) respecting waivers under section 37, including but not limited to

(i) prescribing the time and manner in which a request for a waiver may be made, and

(ii) setting limits on the number of times a person may request a waiver;

(l) respecting recalculation decisions under subsection 38(1), including but not limited to

(i) prescribing information that may or shall be included in a recalculation decision, and

(ii) prescribing the time for making a decision;

(m) prescribing an amount for the purposes of subsection 38(2);

(n) prescribing the manner in which the child support service shall provide a copy of its decision under subsection 38(3);

(o) respecting the correction of errors in recalculation decisions for the purposes of section 40, including but not limited to

(i) providing for procedures for corrections, and

(ii) respecting the provision of corrected decisions;

(p) prescribing information and documentation for the purposes of subsection 44(1);

(q) prescribing the form, manner and time for providing information and documentation for the purposes of subsection 44(1);

(r) prescribing the method of determining an income amount for the purposes of subsection 44(2);

(s) prescribing the form, manner and time for providing contact information for the purposes of section 45;

(t) prescribing financial information for the purposes of paragraph 46(1)(c);

(u) prescribing other information for the purposes of paragraph 46(1)(d);

(v) respecting the collection, use and disclosure of personal information and financial information by the child support service;

(w) respecting the disclosure of information received by the child support service, including but not limited to prescribing purposes for which the information may be disclosed;

(x) respecting notices and information provided by the child support service, including the manner in which they may be provided;

(y) prescribing a time when notices or documents provided by the child support service are deemed to be received;

(z) respecting any information or document that is required to be provided to the child support service, and the manner in which and time within which it shall be provided;

(aa) prescribing information for the purposes of paragraph 60(2)(d);

(bb) prescribing information for the purposes of subsection 66(2);

(cc) specifying requirements as to form with respect to agreements under subsection 79(1);

(dd) providing for the manner of filing agreements with the Court under subsection 79(1);

(ee) respecting appeals to the Court of Appeal for the purposes of subsection 82(1);

(ff) prescribing provisions of the regulations and categories of offences for the purposes of subsection 83(5);

(gg) respecting the terms and conditions of any agreement or contract made under this Act;

(hh) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(ii) respecting any other matter that may be necessary for the proper administration of this Act.

88(2)A regulation authorized by this section may incorporate by reference, in whole or in part, and with any changes the Lieutenant-Governor in Council considers appropriate, any laws, by-laws or other regulatory instruments or any codes, standards, procedures or guidelines, as amended from time to time before or after the making of the regulation or as it read at a fixed time, and may require compliance with any laws, by-laws or other regulatory instruments or any codes, standards, procedures or guidelines incorporated in this manner.

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