A A A

Fifth Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 25

THE INTER-JURISDICTIONAL SUPPORT ORDERS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. I60 amended

1           The Inter-jurisdictional Support Orders Act is amended by this Act.

2           The definition "support order" in section 1 is replaced with the following:

"support order" means

(a) an order made by a court or an administrative body requiring the payment of support, or

(b) the provisions of a written agreement requiring the payment of support, if those provisions are enforceable in the jurisdiction in which the agreement was made as if they were contained in an order of a court of that jurisdiction,

and includes the recalculation by an administrative body of the payment of support for a child, if the recalculation is enforceable in the jurisdiction in which the recalculation was made as if it were an order of, or were contained in an order of, a court of that jurisdiction. ( « ordonnance alimentaire »)

3           Subsection 5(1) is amended by striking out "If a claimant is ordinarily resident in Manitoba and believes that the respondent is ordinarily resident in a reciprocating jurisdiction," and substituting "Where a claimant resides in Manitoba and believes that the respondent habitually resides in a reciprocating jurisdiction,".

4           Subsection 10(3) is amended by striking out "18 months" and substituting "12 months".

5(1)        Subsection 12(1) is replaced with the following:

Applicable law re child support

12(1)       In determining entitlement to support for a child, the Manitoba court must first apply the law of Manitoba but if the child is not entitled to support under that law, the Manitoba court must apply the law of the jurisdiction in which the child habitually resides.

5(2)        Subsection 12(3) is amended

(a) by replacing the English version of the section heading with "Applicable law re claimant support"; and

(b) by striking out "With respect to the entitlement to" and substituting "In determining the entitlement to".

6           The following is added after subsection 13(4):

Manitoba law presumed if order silent

13(5)       If an order made under this section does not specify the law applied, it is presumed that the Manitoba court applied the law of Manitoba.

7           The following is added after subsection 18(2):

Applicable law re duration of support

18(3)       Unless otherwise stated, the duration of the support obligation in an order registered under subsection (1) is governed by the law of the jurisdiction pursuant to which the order was made.

Manitoba law applied

18(4)       Despite subsection (3), if the designated officer is unable to determine the duration of the support obligation based on information received from the applicant or the appropriate authority in the reciprocating jurisdiction, the designated officer may enforce the support order for the duration determined by the law of Manitoba.

8(1)        Subsection 19(1) is replaced with the following:

Foreign orders

19(1)       After the registration of a foreign order under section 18, the designated authority must, in accordance with the regulations, notify

(a) any party to the order believed to reside in Manitoba; and

(b) the party required to pay support under the order if that party lives outside Manitoba.

8(2)        Subsection 19(5) is replaced with the following:

Jurisdiction of foreign court

19(5)       For the purpose of subclause (3)(b)(iii), the Manitoba court must consider the foreign court to have had jurisdiction if the Manitoba court finds that

(a) both parties to the order were habitually resident in the reciprocating jurisdiction outside Canada; or

(b) a party who was not habitually resident in the reciprocating jurisdiction outside Canada was subject to the jurisdiction of the court that made the foreign order under Manitoba's conflict-of-laws rules.

Default foreign order

19(5.1)     For the purpose of clause (5)(b), where the foreign order was made by default in the absence of the party referred to in that clause, the conflict-of-laws rules include a consideration of whether that party had a real and substantial connection to the jurisdiction in which the foreign order was made.

9           Subsection 25(1) is amended by striking out "If an applicant is ordinarily resident in Manitoba and believes that the respondent is ordinarily resident in a reciprocating jurisdiction," and substituting "Where an applicant resides in Manitoba and believes that the respondent habitually resides in a reciprocating jurisdiction,".

10          Subsection 30(3) is amended by striking out "18 months" and substituting "12 months".

11(1)       Subsection 31(1) is replaced with the following:

Applicable law re child support

31(1)       In determining entitlement to receive or to continue to receive support for a child, the Manitoba court must first apply the law of Manitoba but if the child is not entitled to support under that law, the Manitoba court must apply the law of the jurisdiction in which the child is habitually resident.

11(2)       Subsection 31(2) is amended

(a) by replacing the section heading with "Manitoba law applies re amount of child support"; and

(b) by striking out "the law of the jurisdiction where the person liable to pay the support is ordinarily resident" and substituting "the law of Manitoba".

11(3)       The following is added after subsection 31(2):

Child support tables included in Manitoba laws

31(2.1)     For greater certainty, the law of Manitoba referred to in subsection (2) includes the applicable table under the Child Support Guidelines Regulation, Manitoba Regulation 58/98.

11(4)       Subsection 31(3) is amended

(a) by replacing the English version of the section heading with "Applicable law re support other than for child";

(b) in the part before clause (a), by striking out "With respect to the entitlement of " and substituting "In determining the entitlement of"; and

(c) in English version of clause (a), by striking out "ordinarily" and substituting "habitually".

12          The following is added after subsection 32(4):

Manitoba law presumed if order silent

32(5)       If an order made under this section does not specify the law applied, it is presumed that the Manitoba court applied the law of Manitoba.

13          In section 34, "ordinarily" is struck out.

14          Subsection 35(3) is amended by striking out "under subclause (1)(b)(ii)" and substituting "under subsection (1)".

15          In the following provisions, "ORDINARILY" is struck out:

(a) the Division heading before section 5;

(b) the Division heading before section 8;

(c) the Division heading before section 25;

(d) the Division heading before section 28.

16          In the English version of the following provisions, "ordinarily" is struck out and "habitually" is substituted:

(a) clause 5(2)(b);

(b) subsection 6(1);

(c) clause 6(2)(b);

(d) subsection 7(1);

(e) subsections 9(1) and (2), in the part before clause (a);

(f) clause 9(3)(b);

(g) clause 25(2)(c);

(h) subsection 26(1);

(i) clause 26(2)(b);

(j) subsection 27(1);

(k) subsections 29(1) and (2), in the part before clause (a);

(l) clause 29(3)(b);

(m) subsection 35(1), wherever it occurs.

17          The English version of the section heading for subsection 38(2) is replaced with "Translation".

18          Subsections 44(2) to (5) are repealed.

19          The following is added after section 44 as part of Part 5:

Transitional re subsection 10(3)

44.1(1)     Subsection 10(3) applies to a direction of the Manitoba court under clause 10(2)(a) made on or after the coming into force of this subsection, and a direction of the Manitoba court made before the coming into force of this subsection shall be governed by subsection 10(3) as it read immediately before that date.

Transitional re section 12

44.1(2)     Section 12 applies in respect of a support application heard by the Manitoba court on or after the coming into force of this subsection, and section 12, as it read immediately before the coming into force of this subsection, applies in respect of a support application heard by the Manitoba court before that date.

Transitional re subsection 30(3)

44.1(3)     Subsection 30(3) applies to a direction of the Manitoba court under clause 30(2)(a) made on or after the coming into force of this subsection, and a direction of the Manitoba court made before the coming into force of this subsection shall be governed by subsection 30(3) as it read immediately before that date.

Transitional re section 31

44.1(4)     Section 31 applies in respect of a support application heard by the Manitoba court on or after the coming into force of this subsection, and section 31, as it read immediately before the coming into force of this subsection, applies in respect of a support application heard by the Manitoba court before that date.

Coming into force

20          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Inter-jurisdictional Support Orders Act to enhance the process by which family support orders are obtained, varied and recognized for enforcement in cases between Manitobans and parties in other jurisdictions in Canada and elsewhere.

The Bill confirms that recalculated child support orders can be recognized and enforced in inter-jurisdictional cases.  The Bill also clarifies provisions about notice to non-resident debtors to facilitate enforcement of family support orders from assets or income in Manitoba.  In addition, the Bill clarifies factors to be considered when registration of a foreign order is challenged.

[top of document]