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The Inter-jurisdictional Support Orders Act
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This version is current as of July 22, 2016.
It has been in effect since December 20, 2011.

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C.C.S.M. c. I60

The Inter-jurisdictional Support Orders Act

(Assented to July 6, 2001)

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

DEFINITIONS AND COURT DESIGNATION

Definitions

1           In this Act,

"claimant" means a person who applies under this Act for support; (« demandeur »)

"designated authority" means the person or persons appointed under subsection 37(1), and includes a person to whom a power or duty is delegated under subsection 37(2); (« autorité désignée »)

"designated officer" has the same meaning as in The Family Maintenance Act; (« fonctionnaire désigné »)

"former Act" means The Reciprocal Enforcement of Maintenance Orders Act, R.S.M. 1987, c. M20; (« ancienne loi »)

"inter-jurisdictional application" means a support application, a support variation application, or a request to register an extra-provincial or foreign order under this Act; (« demande interterritoriale »)

"Manitoba court" means a court designated under section 2; (« tribunal du Manitoba »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"provisional order" means

(a) a support order of a court in Manitoba that has no force or effect until confirmed by a court in a reciprocating jurisdiction, or

(b) a similar order made in a reciprocating jurisdiction and received for confirmation in Manitoba; (« ordonnance conditionnelle »)

"provisional order of variation" means

(a) a variation of a support order of a court in Manitoba that has no force or effect until confirmed by a court in a reciprocating jurisdiction, or

(b) a similar order made in a reciprocating jurisdiction and received for confirmation in Manitoba; (« ordonnance modificative conditionnelle »)

"reciprocating jurisdiction" means a jurisdiction declared in the regulations made under subsection 43(1) to be a reciprocating jurisdiction; (« État pratiquant la réciprocité »)

"request to locate" means a written request to locate a person for the purpose of facilitating a proceeding relating to the establishment, variation, registration or enforcement of a support order; (« demande de recherche d'une personne »)

"support" includes support, maintenance or alimony payable for a person or for the child of a person or for both; (« aliments »)

"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 »)

S.M. 2007, c. 13, s. 8; S.M. 2011, c. 15, s. 2.

Designation of court

2           The minister may designate a court or courts in Manitoba for the purpose of proceedings under this Act.

PART 1

CLAIMS WHERE NO ORDER EXISTS

Definition

3           In this Part, "respondent" means the person against whom support is sought.

Application of Part 1

4           This Part applies only where there is no support order in effect requiring the respondent to pay support for the claimant or for any children for whom support is claimed or for both.

DIVISION 1

CLAIMANT RESIDENT IN MANITOBA

Support application

5(1)        Where a claimant resides in Manitoba and believes that the respondent habitually resides in a reciprocating jurisdiction, the claimant may start a process in Manitoba that could result in a support order being made in the reciprocating jurisdiction.

Contents of support application

5(2)        To start the process, the claimant must complete a support application that includes the following:

(a) the name and address for service of the claimant;

(b) a copy of the specific statutory or other legal authority on which the claimant's application for support is based, unless the claimant is relying on the law of the jurisdiction where the respondent is habitually resident;

(c) the amount and nature of support claimed;

(d) a sworn document setting out the following:

(i) the name and any information known to the claimant that can be used to locate or identify the respondent,

(ii) the financial circumstances of the respondent, to the extent known by the claimant,

(iii) the name of each person for whom support is claimed and the date of birth of any child for whom support is claimed,

(iv) the evidence in support of the claimant's application that is relevant to establishing entitlement to or the amount of support, including,

(A) where support is claimed for a child, details of the parentage of the child and information about the child's financial and other circumstances, and

(B) where support is claimed for the claimant, information about the claimant's financial and other circumstances and the claimant's relationship with the respondent;

(e) any other information or documents required by the regulations.

No requirement to notify respondent

5(3)        The claimant is not required to notify the respondent that a process has been started under this section.

S.M. 2011, c. 15, s. 3 and 16.

Providing support application to designated authority

6(1)        The claimant must submit the support application to the designated authority in Manitoba, accompanied by a certified translation if required by the appropriate authority in the reciprocating jurisdiction in which the claimant believes the respondent is habitually resident.

Forwarding support application

6(2)        On receiving a support application, the designated authority must

(a) review the support application to ensure that it is complete; and

(b) forward a copy of the completed application, as soon as practicable, to the appropriate authority in the reciprocating jurisdiction in which the claimant believes the respondent is habitually resident.

Further information or documents

6(3)        On receiving a request for further information or documents from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to clause 10(2)(a), the claimant must, in accordance with the regulations, provide the further information or documents within the time referred to in the request.

Providing copies of order

6(4)        On receiving a certified copy of an order and reasons, if any, from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to section 15, the designated authority must, in accordance with the regulations, provide a copy of the order and reasons, if any, to the claimant and the Manitoba court.

S.M. 2011, c. 15, s. 16.

Provisional orders

7(1)        Where the respondent is habitually resident in a reciprocating jurisdiction that requires a provisional order, the Manitoba court may, on application by a claimant and without notice to and in the absence of a respondent, make a provisional order taking into account the specific statutory or other legal authority on which the claimant's application for support is based.

Evidence

7(2)        Evidence in proceedings under subsection (1) may be given orally, in writing or as the court may allow.

Forwarding provisional order

7(3)        If a provisional order is made, the designated authority must send to the reciprocating jurisdiction

(a) three certified copies of the provisional order; and

(b) a support application referred to in subsection 5(2).

Further evidence

7(4)        If, during a proceeding for confirmation of a provisional order, a court in a reciprocating jurisdiction remits a matter back for further evidence to the Manitoba court that made the provisional order, the Manitoba court must, after giving notice to the claimant, receive further evidence.

Forwarding further evidence

7(5)        If evidence is received under subsection (4), a proper officer of the Manitoba court must forward to the court in the reciprocating jurisdiction a certified copy of the evidence with modifications, if any, to the provisional order as the Manitoba court considers appropriate.

If confirmation is denied

7(6)        If a provisional order made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is sought, the Manitoba court that made the provisional order may, on application within six months after the denial of confirmation, re-open the matter, receive further evidence and make a new provisional order for a person in respect of whom confirmation was denied.

S.M. 2011, c. 15, s. 16.

DIVISION 2

CLAIMANT RESIDENT OUTSIDE MANITOBA

Definition

8           In this Division, "support application" means

(a) a provisional order referred to in clause (b) of the definition "provisional order" in section 1; or

(b) a document from a reciprocating jurisdiction corresponding to a support application described in subsection 5(2).

Notice of hearing

9(1)        If the designated authority receives a support application from an appropriate authority in a reciprocating jurisdiction, with information that the respondent named in the support application habitually resides in Manitoba, the designated authority must serve on the respondent, in accordance with the regulations,

(a) a copy of the support application; and

(b) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations.

Forwarding support application

9(2)        If the designated authority has not served the respondent in accordance with subsection (1) and knows or believes that the respondent is habitually resident in another reciprocating jurisdiction in Canada, the designated authority

(a) must forward the support application to the appropriate authority in that other reciprocating jurisdiction; and

(b) must notify the appropriate authority in the originating reciprocating jurisdiction that it has done so.

Returning support application to reciprocating jurisdiction

9(3)        If the designated authority

(a) is unable to determine where the respondent resides; or

(b) has not served the respondent in accordance with subsection (1) and knows or believes that the respondent is habitually resident in a jurisdiction outside Canada;

the designated authority must return the support application to the appropriate authority in the originating reciprocating jurisdiction with any available information respecting the location and circumstances of the respondent.

S.M. 2011, c. 15, s. 16.

Information that Manitoba court must consider

10(1)       Where a support application comes before a Manitoba court, the Manitoba court in making an order must consider

(a) the evidence given or submitted to the Manitoba court; and

(b) the documents forwarded from the reciprocating jurisdiction.

Interim support order

10(2)       If the Manitoba court requires further information or documents from the claimant to make a support order, the Manitoba court

(a) must direct the designated authority to contact the claimant or the appropriate authority in the reciprocating jurisdiction to request the information or documents; and

(b) must adjourn the hearing and may, if the Manitoba court considers it appropriate, make an interim support order.

Terminating interim support order

10(3)       If the information or documents requested under subsection (2) are not received by the Manitoba court within 12 months from the date of the request, the Manitoba court may dismiss the support application and terminate an interim support order made under clause (2)(b).

New application not precluded

10(4)       The dismissal of a support application under subsection (3) does not preclude the claimant from commencing a new support application.

S.M. 2011, c. 15, s. 4.

Parentage

11(1)       If the parentage of a child is in issue and has not previously been determined, the Manitoba court may decide that issue.

Determination of parentage for purposes of this Act

11(2)       Subject to subsection (3), a determination of parentage under this section has effect only for the purposes of support proceedings under this Act.

Declaration of parentage for all purposes

11(3)       The Manitoba court may make a determination of parentage that has the same effect as a declaratory order made under section 19 or 20 of The Family Maintenance Act

(a) if satisfied that it is fit and just to do so, having regard to all the circumstances of the case, including the nature and quality of the evidence adduced; and

(b) if notice of the request for a determination of parentage is given to the Director of Child and Family Services appointed under The Child and Family Services Act;

and subsections 20(2) and 20(4) to (8) and sections 21 to 24 of The Family Maintenance Act apply to the proceeding.

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.

Law of Manitoba applies re amount of child support

12(2)       In deciding the amount of support to be paid for a child, the Manitoba court must apply the law of Manitoba.

Applicable law re claimant support

12(3)       In determining the entitlement to and the amount of support for the claimant, the Manitoba court must apply the law of Manitoba, but if under the law of Manitoba the claimant is not entitled to support, the Manitoba court must apply the law of the jurisdiction in which the claimant and the respondent last maintained a common habitual residence.

S.M. 2011, c. 15, s. 5.

Order

13(1)       On the conclusion of a hearing, the Manitoba court may, in respect of a claimant or a child, or both

(a) make a support order;

(b) make an interim support order and adjourn the hearing to a specified date;

(c) adjourn the hearing to a specified date without making an interim support order; or

(d) refuse to make a support order.

Retroactive effect

13(2)       The Manitoba court may make a support order that is retroactive.

Type of payments under order

13(3)       A support order may require support to be paid in periodic payments or as a lump sum, or both.

Where reasons required

13(4)       If the Manitoba court refuses to make a support order, the Manitoba court must give reasons for its order.

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.

S.M. 2011, c. 15, s. 6.

Order where notice not complied with

14(1)       If the respondent does not appear as required in the notice or does not provide the information or documents required under clause 9(1)(b), the Manitoba court may make an order in the absence of the respondent or of the information or documents and in making the order may draw any inference it considers appropriate.

Where respondent does not appear

14(2)       Where the respondent does not appear as required, the Manitoba court must, in accordance with the regulations, send a copy of the order to the respondent.

Forwarding order to reciprocating jurisdiction

15          The designated authority must, as soon as practicable, forward a certified copy of an order under this Division and reasons, if any, to the appropriate authority in the reciprocating jurisdiction that forwarded the claimant's support application.

PART 2

REGISTRATION AND ENFORCEMENT OF ORDERS MADE OUTSIDE MANITOBA

Definitions

16          In this Part,

"extra-provincial order" means a support order, an interim support order or an order that varies a support order made in a reciprocating jurisdiction in Canada, but does not include a provisional order or a provisional order of variation; (« ordonnance extraprovinciale »)

"foreign order" means a support order, an interim support order or an order that varies a support order made in a reciprocating jurisdiction outside Canada, but does not include a provisional order or a provisional order of variation. (« ordonnance étrangère »)

Receipt of an order in Manitoba

17(1)       To register an extra-provincial order or a foreign order, the order must be forwarded to the designated authority in Manitoba.

Designated authority forwards order to court

17(2)       On receiving a certified copy of an extra-provincial order or a foreign order, the designated authority in Manitoba must forward a copy of the order in accordance with the regulations to the Manitoba court.

Registration

18(1)       On receiving an extra-provincial order or foreign order, the Manitoba court must register the order as an order of that court.

Effect of registration of order

18(2)       On being registered, the extra-provincial order or foreign order

(a) has, from the date it is registered, the same effect as if it was a support order made by a Manitoba court; and

(b) may, both with respect to arrears accrued before registration and with respect to obligations accruing after registration, be enforced in the same manner as a support order made by a court in Manitoba, or varied as provided in this Act, whether the order is made before, on or after the day on which this Act comes into force.

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.

S.M. 2011, c. 15, s. 7.

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.

Application to set aside registration of foreign order

19(2)       A party to the order may apply to the Manitoba court to set aside the registration of the foreign order within 30 days after receiving notice of the registration of the foreign order and on giving notice in accordance with the regulations.

Order re registration of foreign order

19(3)       On an application under subsection (2), the Manitoba court may

(a) confirm the registration; or

(b) set aside the registration if the Manitoba court determines

(i) that, in the proceeding in which the foreign order was made, a party to the order did not have proper notice or a reasonable opportunity to be heard,

(ii) that the foreign order is contrary to the public policy of Manitoba, or

(iii) that the court that made the foreign order did not have jurisdiction to make the order.

Reasons required if court sets aside registration

19(4)       If the Manitoba court sets aside the registration, it must give reasons for its decision.

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.

Notice of decision or order required

19(6)       Notice of a decision or order of the Manitoba court must, in accordance with the regulations, be given to the parties and the designated authority.

S.M. 2011, c. 15, s. 8.

Effect of setting aside

20(1)       If the registration of a foreign order is set aside, the foreign order received under this Part must, at the request of the party applying to register the order, be dealt with in accordance with Part 1, Division 2 or Part 3, Division 2, as the case may be, as if the foreign order were a document corresponding to a support application received under subsection 9(1) or a support variation application received under subsection 29(1).

Requesting further information or documents

20(2)       If the foreign order does not contain the necessary information or documents required for a support application, the designated authority must request from the appropriate authority of the reciprocating jurisdiction in which the foreign order was made the necessary information and documents and until the required information and documents are provided to the designated authority, no proceedings under Part 1, Division 2, or Part 3, Division 2, as the case may be, may continue.

Foreign order expressed in non-Canadian currency

21          If a foreign order that has been registered and filed in accordance with section 18 refers to an amount of support that is not expressed in Canadian currency, the conversion of the amount into Canadian currency must be determined by the designated authority in accordance with the regulations.

Foreign document not in English or French

22(1)       If a foreign order or other document is written in a language other than English or French, the order or document must be accompanied by a translation of the order or document into the English or French language.

Translation authenticated

22(2)       A translation required under subsection (1) must be authenticated as being accurate by a certificate of the translator.

PART 3

VARIATION OF A SUPPORT ORDER

Definitions

23          In this Part,

"applicant" means a party applying to vary a support order; (« demandeur »)

"respondent" means the party who is the respondent in a support variation application; (« défendeur »)

"support order" means a support order as defined in section 1 that is

(a) made in Manitoba, or

(b) made in a reciprocating jurisdiction and registered in a court in Manitoba under Part 2 or the former Act,

but does not include a provisional order or a provisional order of variation. (« ordonnance alimentaire »)

Restrictions

24          Nothing in this Part

(a) authorizes a judge of the Provincial Court to vary a support order made in Canada by a federally appointed judge, but a judge of the Provincial Court may make a provisional order of variation under section 27; or

(b) allows a support order originally made under the Divorce Act (Canada) to be varied except as authorized by a federal enactment.

DIVISION 1

APPLICANT RESIDENT IN MANITOBA

Application to vary support order

25(1)       Where an applicant resides in Manitoba and believes that the respondent habitually resides in a reciprocating jurisdiction, the applicant may start a process in Manitoba that could result in the variation of a support order being made in the reciprocating jurisdiction.

Contents of support variation application

25(2)       To start the process, the applicant must complete a support variation application that includes the following:

(a) the name and address for service of the applicant;

(b) a certified copy of the support order;

(c) a copy of the specific statutory or other legal authority on which the applicant's application for variation is based, unless the applicant is relying on the law of the jurisdiction where the respondent is habitually resident;

(d) the particulars of the variation applied for, which may include a termination of the support order;

(e) a sworn document setting out the following:

(i) the name and any information known to the applicant that can be used to locate or identify the respondent,

(ii) the financial circumstances of the respondent, to the extent known by the applicant, including whether the respondent is or was receiving social assistance,

(iii) the name of each person, to the extent known by the applicant, for whom support is payable or who will be affected by the variation if granted,

(iv) the evidence in support of the application, including,

(A) where support to the applicant or respondent is an issue, information about the applicant's relationship with the respondent, and

(B) if the variation applied for affects support for a child, information about the child's financial and other circumstances,

(v) information prescribed in the regulations about the applicant's financial circumstances;

(f) any other information or documents required by the regulations.

No requirement to notify respondent

25(3)       The applicant is not required to notify the respondent that a process has been started under this section.

S.M. 2011, c. 15, s. 9 and 16.

Providing support variation application to designated authority

26(1)       The applicant must submit the support variation application to the designated authority in Manitoba, accompanied by a certified translation if required by the appropriate authority in the reciprocating jurisdiction in which the applicant believes the respondent is habitually resident.

Forwarding support variation application

26(2)       On receiving a support variation application, the designated authority must

(a) review the support variation application to ensure that it is complete; and

(b) forward a copy of the completed support variation application, as soon as practicable, to the appropriate authority in the reciprocating jurisdiction in which the applicant believes the respondent is habitually resident.

Further information or documents

26(3)       On receiving a request for further information or documents from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to clause 30(2)(a), the applicant must, in accordance with the regulations, provide the further information or documents within the time referred to in the request.

Providing copies of order

26(4)       On receiving a certified copy of an order and reasons, if any, from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to section 34, the designated authority must, in accordance with the regulations, provide a copy of the order and reasons, if any, to the applicant and the Manitoba court.

S.M. 2011, c. 15, s. 16.

Provisional order of variation

27(1)       Where the respondent is habitually resident in a reciprocating jurisdiction that requires a provisional order of variation, the Manitoba court may, on application by an applicant and without notice to and in the absence of a respondent, make a provisional order of variation taking into account the specific statutory or other legal authority on which the applicant's application for variation is based.

Evidence

27(2)       Evidence in proceedings under subsection (1) may be given orally, in writing or as the court may allow.

Forwarding provisional order of variation

27(3)       If a provisional order of variation is made, the designated authority must send to the reciprocating jurisdiction

(a) three certified copies of the provisional order of variation; and

(b) a support variation application referred to in subsection 25(2).

Further evidence

27(4)       If, during a proceeding for confirmation of a provisional order of variation, a court in a reciprocating jurisdiction remits a matter back for further evidence to the Manitoba court that made the provisional order of variation, the Manitoba court must, after giving notice to the applicant, receive further evidence.

Forwarding further evidence

27(5)       If evidence is received under subsection (4), a proper officer of the Manitoba court must forward to the court in the reciprocating jurisdiction a certified copy of the evidence with modifications, if any, to the provisional order of variation as the Manitoba court considers appropriate.

If confirmation is denied

27(6)       If a provisional order of variation made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is sought, the Manitoba court that made the provisional order of variation may, on application within six months after the denial of confirmation, re-open the matter, receive further evidence and make a new provisional order of variation for a person in respect of whom confirmation was denied.

S.M. 2011, c. 15, s. 16.

DIVISION 2

APPLICANT RESIDENT OUTSIDE MANITOBA

Definition

28          In this Division, "support variation application" means

(a) a provisional order of variation referred to in clause (b) of the definition "provisional order of variation" in section 1; or

(b) a document from a reciprocating jurisdiction corresponding to a support variation application described in subsection 25(2).

Notice of hearing

29(1)       If the designated authority receives a support variation application from an appropriate authority in a reciprocating jurisdiction, with information that the respondent named in the support variation application habitually resides in Manitoba, the designated authority must serve on the respondent, in accordance with the regulations,

(a) a copy of the support variation application; and

(b) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations.

Forwarding support variation application

29(2)       If the designated authority has not served the respondent in accordance with subsection (1) and knows or believes that the respondent is habitually resident in another reciprocating jurisdiction in Canada, the designated authority

(a) must forward the support variation application to the appropriate authority in that other reciprocating jurisdiction; and

(b) must notify the appropriate authority in the originating reciprocating jurisdiction that it has done so.

Returning support variation application to reciprocating jurisdiction

29(3)       If the designated authority

(a) is unable to determine where the respondent resides; or

(b) has not served the respondent in accordance with subsection (1) and knows or believes that the respondent is habitually resident in a jurisdiction outside Canada;

the designated authority must return the support variation application to the appropriate authority in the originating reciprocating jurisdiction with any available information respecting the location and circumstances of the respondent.

S.M. 2011, c. 15, s. 16.

Information that Manitoba court must consider

30(1)       Where a support variation application comes before a Manitoba court, the Manitoba court in making an order must consider

(a) the evidence given or submitted to the Manitoba court; and

(b) the documents forwarded from the reciprocating jurisdiction.

Interim support variation order

30(2)       If the Manitoba court requires further information or documents from the applicant to make a support variation order, the Manitoba court

(a) must direct the designated authority to contact the applicant or the appropriate authority in the reciprocating jurisdiction to request the information or documents; and

(b) must adjourn the hearing and may, if the Manitoba court considers it appropriate, make an interim support variation order.

Terminating interim support variation order

30(3)       If the information or documents requested under subsection (2) are not received by the Manitoba court within 12 months from the date of the request, the Manitoba court may dismiss the support variation application and terminate an interim support variation order made under clause (2)(b).

New application not precluded

30(4)       The dismissal of a support variation application under subsection (3) does not preclude the applicant from commencing a new support variation application.

S.M. 2011, c. 15, s. 10.

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.

Manitoba law applies re amount of child support

31(2)       In deciding the amount of support to be paid for a child, the Manitoba court must apply the law of Manitoba.

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.

Applicable law re support other than for child

31(3)       In determining the entitlement of a party other than a child to continue to receive support and the amount of that support, the Manitoba court must apply the law of Manitoba, but if under the law of Manitoba the party is not entitled to support, the Manitoba court must apply

(a) the law of the jurisdiction in which the party is habitually resident; or

(b) if the party is not entitled to support under the law of the jurisdiction referred to in clause (a), the law of the jurisdiction in which the parties last maintained a common habitual residence.

S.M. 2007, c. 13, s. 9; S.M. 2011, c. 15, s. 11.

Order

32(1)       On the conclusion of a hearing, the Manitoba court may, in respect of a party or a child, or both,

(a) make a support variation order;

(b) make an interim support variation order and adjourn the hearing to a specified date;

(c) adjourn the hearing to a specified date without making an interim support variation order; or

(d) refuse to make a support variation order.

Retroactive effect

32(2)       The Manitoba court may make a support variation order that is retroactive.

Type of payments under order

32(3)       A support variation order may require support to be paid in periodic payments or as a lump sum or both.

Where reasons required

32(4)       If the Manitoba court refuses to make a support variation order, the Manitoba court must give reasons for its order.

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.

S.M. 2011, c. 15, s. 12.

Order where notice not complied with

33(1)       If a respondent does not appear as required in the notice or does not provide the information or documents required under clause 29(1)(b), the Manitoba court may make an order in the absence of the respondent or of the information or documents and in making the order may draw any inference it considers appropriate.

Where respondent does not appear

33(2)       Where the respondent does not appear as required, the Manitoba court must, in accordance with the regulations, send a copy of the order to the respondent.

Forwarding order to reciprocating jurisdiction

34          The designated authority must, as soon as practicable, forward a certified copy of an order under this Division and reasons, if any, to the appropriate authority in the reciprocating jurisdiction in which the applicant is resident and if the support order was originally made in another reciprocating jurisdiction, to the appropriate authority in that jurisdiction.

S.M. 2011, c. 15, s. 13.

DIVISION 3

VARYING CERTAIN SUPPORT ORDERS

Application of Division

34.1        This Division applies to the variation of a support order, other than a variation that is commenced by a support variation application under Division 1 or 2.

S.M. 2007, c. 13, s. 11.

Jurisdiction of Manitoba court

35(1)       The Manitoba court, after taking into account any right of a government or an agency of a government under section 39, may vary

(a) a support order that was made or registered in Manitoba under this Act or the former Act,

(i) if both the applicant and respondent accept the Manitoba court's jurisdiction, or

(ii) if the respondent is habitually resident in Manitoba; or

(b) any support order, if the applicant is habitually resident in Manitoba and the respondent

(i) is no longer habitually resident in a reciprocating jurisdiction, or

(ii) is habitually resident in a reciprocating jurisdiction that cannot under its laws, or will not, facilitate the determination of a support variation application under section 25.

Family Maintenance Act applies

35(2)       The Family Maintenance Act applies for the purposes of varying a support order under the circumstances referred to in subsection (1), as if the order being varied was an order for support under that Act.

Notice of application to designated authority

35(3)       In addition to the service requirements under the Court of Queen's Bench Rules, notice of an application under subsection (1) must be given to the designated authority at least 10 days before the first court appearance date.

S.M. 2007, c. 13, s. 12; S.M. 2011, c. 15, s. 14 and 16.

PART 4

APPEALS

Appeals

36(1)       Subject to subsections (2) and (3), a party to a proceeding under this Act or the designated authority may appeal to The Court of Appeal any ruling, decision or order of the Manitoba court under this Act.

Commencing an appeal

36(2)       An appeal must be commenced within 90 days after the date the ruling, decision or order of the Manitoba court appealed from is entered as a judgment of the court unless the period is extended by The Court of Appeal either before or after the appeal period has expired.

Responding to an appeal

36(3)       A person responding to an appeal under subsection (2) may appeal a ruling, decision or order in the same proceeding within 30 days after receipt of the notice of the appeal.

Order remains in force unless court orders otherwise

36(4)       An order under appeal remains in force pending the determination of the appeal unless the court that made the order or The Court of Appeal orders otherwise.

Notifying reciprocating jurisdiction

36(5)       The designated authority must notify the appropriate authority in the reciprocating jurisdiction of the decision on the appeal.

PART 5

GENERAL MATTERS

Appointment of designated authority

37(1)       The minister may appoint one or more persons to act as the designated authority in Manitoba for the purposes of this Act or any provisions of this Act.

Delegation by designated authority

37(2)       A person appointed under subsection (1) may, in writing, delegate any power or duty under this Act to any other person or persons.

Request to locate made to designated officer

37.1(1)     The designated authority may make a request to locate to the designated officer for the purpose of obtaining information respecting

(a) the whereabouts of a person who is named in an inter-jurisdictional application; or

(b) the whereabouts of a person who is named in a request to locate received by the designated authority from an appropriate authority in a reciprocating jurisdiction, to enable the appropriate authority to determine if an inter-jurisdictional application should be sent to Manitoba.

Advising if person located

37.1(2)     With respect to a request to locate made under clause (1)(b), the designated authority may respond to the request by advising the appropriate authority in the reciprocating jurisdiction whether or not the person has been located in Manitoba, but the designated authority must not disclose specific locate information received from the designated officer.

S.M. 2007, c. 13, s. 13.

Information confidential

37.2        Information received under this Act by the designated authority is confidential, except that the designated authority may use and disclose the information for the purpose of carrying out its duties and powers in accordance with this Act and the regulations.

S.M. 2007, c. 13, s. 13.

Transmission of documents

38(1)       On receipt of an order or document for transmission under this Act to a reciprocating jurisdiction, the designated authority must transmit the order or document to the appropriate authority of the reciprocating jurisdiction.

Translation

38(2)       If the reciprocating jurisdiction requires an order or document to be translated into a language other than English or French, the person for whom the order or document is being transmitted must provide the required translation together with a certificate of the translator authenticating the accuracy of the translation.

S.M. 2011, c. 15, s. 17.

Right of subrogation

39          Any government or agency of a government that is providing or has provided social assistance to a person has the same rights as that person to commence or participate in proceedings under this Act for any of the following purposes:

(a) obtaining support or a variation of support;

(b) responding to an application for a variation of support payments or arrears under a support order;

(c) responding to an application to suspend enforcement of support payments or arrears under a support order;

(d) making or responding to an application to the Manitoba court to set aside the registration of a foreign order under section 19;

(e) appealing or responding to an appeal of a ruling, decision or order of the Manitoba court or The Court of Appeal under this Act;

and has the right to seek an order of reimbursement of the social assistance provided to that person by the government or agency of the government.

Terminology

40          If, in a proceeding under this Act, a document from a reciprocating jurisdiction contains terminology different from the terminology in this Act or contains terminology or is in a form different than that customarily in use in the Manitoba court, the Manitoba court must give a broad and liberal interpretation to the terminology or form so as to give effect to the document.

Law of reciprocating jurisdiction

41(1)       In a proceeding under this Act,

(a) the Manitoba court must take judicial notice of the law of a reciprocating jurisdiction and, where required, apply it; and

(b) an enactment of a reciprocating jursidiction may be pleaded and proved for the purposes of this Act by producing a copy of the enactment received from the reciprocating jurisdiction.

Certain documents from reciprocating jurisdiction

41(2)       In a proceeding under this Act, a document purporting to be signed by a judge, officer of a court or public officer in a reciprocating jurisdiction is, unless the contrary is proved, proof of the appointment, signature and authority of the person who signed it.

Sworn documents

41(3)       Statements in writing sworn to by the maker, depositions or transcripts of evidence taken in a reciprocating jurisdiction may be received in evidence by a court in Manitoba under this Act.

Other remedies

42          This Act does not impair any other remedy available to a person, the Province of Manitoba, a province or territory of Canada, a jurisdiction outside Canada or a political subdivision or official agency of a province or territory of Canada or of a jurisdiction outside Canada.

Regulations declaring reciprocating jurisdictions

43(1)       If the Lieutenant Governor in Council is satisfied that laws are or will be in effect in a jurisdiction for the reciprocal enforcement of support orders made in Manitoba on a basis substantially similar to this Act, the Lieutenant Governor in Council may make regulations declaring that jurisdiction to be a reciprocating jurisdiction.

Conditions re declaring a reciprocating jurisdiction

43(2)       In declaring a jurisdiction to be a reciprocating jurisdiction under subsection (1), the Lieutenant Governor in Council may impose any conditions with respect to the enforcement and recognition of support orders made or registered in that jurisdiction.

Revocation of declaration

43(3)       The Lieutenant Governor in Council may, by regulation, revoke any declaration made under subsection (1) and the jurisdiction with respect to which the declaration was made ceases to be a reciprocating jurisdiction for the purposes of this Act.

Other regulations

43(4)       The Lieutenant Governor in Council may make regulations

(a) respecting information or documents required for the purposes of this Act;

(b) respecting the service or giving of documents required under this Act;

(c) respecting the giving of notices under section 19;

(d) respecting proceedings under this Act;

(e) respecting forms for the purposes of this Act;

(f) respecting the conversion of the amounts of support to Canadian currency;

(g) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act.

Transitional

44(1)       An order made or registered under the former Act continues to be valid and in force, and may be varied or enforced or otherwise dealt with under this Act.

44(2) to (5)  Repealed, S.M. 2011, c. 15, s. 18.

S.M. 2011, c. 15, s. 18.

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.

S.M. 2011, c. 15, s. 19.

PART 6

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE

45 to 47    

NOTE:  These sections contained consequential amendments to other Acts that are now included in those Acts.

Repeal

48          The Reciprocal Enforcement of Maintenance Orders Act, R.S.M. 1987, c. M20, is repealed.

C.C.S.M. reference

49          This Act may be cited as The Inter-jurisdictional Support Orders Act and referred to as chapter I60 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

50           This Act comes into force on a day fixed by proclamation.

NOTE: S.M. 2001, c. 33 was proclaimed in force January 31, 2003.