Second Session, Thirty-Seventh Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 37
THE INTER-JURISDICTIONAL SUPPORT ORDERS ACT
Section | Table of Contents |
DEFINITIONS AND COURT DESIGNATION | |
1 | Definitions |
2 | Designation of court |
PART 1 | |
CLAIMS WHERE NO ORDER EXISTS | |
3 | Definition |
4 | Application of Part 1 |
DIVISION 1 | |
CLAIMANT ORDINARILY RESIDENT IN MANITOBA | |
5(1) | Support application |
(2) | Contents of support application |
(3) | No requirement to notify respondent |
6(1) | Providing support application to designated authority |
(2) | Forwarding support application |
(3) | Further information or documents |
(4) | Providing copies of order |
7(1) | Provisional orders |
(2) | Evidence |
(3) | Forwarding provisional order |
(4) | Further evidence |
(5) | Forwarding further evidence |
(6) | If confirmation is denied |
DIVISION 2 | |
CLAIMANT ORDINARILY RESIDENT OUTSIDE MANITOBA | |
8 | Definition |
9(1) | Notice of hearing |
(2) | Forwarding support application |
(3) | Returning support application to reciprocating jurisdiction |
10(1) | Information that Manitoba court must consider |
(2) | Interim support order |
(3) | Terminating interim support order |
(4) | New application not precluded |
11(1) | Parentage |
(2) | Determination of parentage for purposes of this Act |
(3) | Declaration of parentage for all purposes |
12(1) | Choice of law re child support |
(2) | Law of Manitoba applies re amount of child support |
(3) | Choice of law re claimant support |
13(1) | Order |
(2) | Retroactive effect |
(3) | Type of payments under order |
(4) | Where reasons required |
14(1) | Order where notice not complied with |
(2) | Where respondent does not appear |
15 | Forwarding order to reciprocating jurisdiction |
PART 2 | |
REGISTRATION AND ENFORCEMENT OF ORDERS MADE OUTSIDE | |
16 | Definitions |
17(1) | Receipt of an order in Manitoba |
(2) | Designated authority forwards order to court |
18(1) | Registration |
(2) | Effect of registration of order |
19(1) | Foreign orders |
(2) | Application to set aside registration of foreign order |
(3) | Order re registration of foreign order |
(4) | Reasons required if court sets aside registration |
(5) | Jurisdiction of the court |
(6) | Notice of decision or order required |
20(1) | Effect of setting aside |
(2) | Requesting further information or documents |
21 | Foreign order expressed in non-Canadian currency |
22(1) | Foreign document not in English or French |
(2) | Translation authenticated |
PART 3 | |
VARIATION OF A SUPPORT ORDER | |
23 | Definitions |
24 | Restrictions |
DIVISION 1 | |
APPLICANT ORDINARILY RESIDENT IN MANITOBA | |
25(1) | Application to vary support order |
(2) | Contents of support variation application |
(3) | No requirement to notify respondent |
26(1) | Providing support variation application to designated authority |
(2) | Forwarding support variation application |
(3) | Further information or documents |
(4) | Providing copies of order |
27(1) | Provisional order of variation |
(2) | Evidence |
(3) | Forwarding provisional order of variation |
(4) | Further evidence |
(5) | Forwarding further evidence |
(6) | If confirmation is denied |
DIVISION 2 | |
APPLICANT ORDINARILY RESIDENT OUTSIDE MANITOBA | |
28 | Definition |
29(1) | Notice of hearing |
(2) | Forwarding support variation application |
(3) | Returning support variation application to reciprocating jurisdiction |
30(1) | Information that Manitoba court must consider |
(2) | Interim support variation order |
(3) | Terminating interim support variation order |
(4) | New application not precluded |
31(1) | Choice of law re child support |
(2) | Law of Manitoba applies re amount of child support |
(3) | Choice of law re support other than for child |
32(1) | Order |
(2) | Retroactive effect |
(3) | Type of payments under order |
(4) | Where reasons required |
33(1) | Order where notice not complied with |
(2) | Where respondent does not appear |
34 | Forwarding order to reciprocating jurisdiction |
DIVISION 3 | |
VARIATION OF REGISTERED ORDERS | |
35(1) | Jurisdiction |
(2) | Family Maintenance Act applies |
PART 4 | |
APPEALS | |
36(1) | Appeals |
(2) | Commencing an appeal |
(3) | Responding to an appeal |
(4) | Order remains in force unless court orders otherwise |
(5) | Notifying reciprocating jurisdiction |
PART 5 | |
GENERAL MATTERS | |
37(1) | Appointment of designated authority |
(2) | Delegation by designated authority |
38(1) | Transmission of documents |
(2) | Translation if document not in English or French |
39 | Right of subrogation |
40 | Terminology |
41(1) | Law of reciprocating jurisdiction |
(2) | Certain documents from reciprocating jurisdiction |
(3) | Sworn documents |
42 | Other remedies |
43(1) | Regulations declaring reciprocating jurisdictions |
(2) | Conditions re declaring a reciprocating jurisdiction |
(3) | Revocation of declaration |
(4) | Other regulations |
44(1) | Transitional |
(2) | Former Act applies where certain notices given |
(3) | Former Act applies where certain applications pending |
(4) | Where this Act applies — Part 2 |
(5) | Where this Act applies — Part 1 or 3 |
PART 6 | |
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO | |
45 | Consequential amendment, C.C.S.M. c. C280 |
46 | Consequential amendment, C.C.S.M. c. F20 |
47 | Consequential amendment, C.C.S.M. c. G20 |
48 | Repeal |
49 | C.C.S.M. reference |
50 | Coming into force |