4th Session, 42nd Legislature
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Bill 37
THE INTERNATIONAL CHILD SUPPORT AND FAMILY MAINTENANCE (HAGUE CONVENTION) ACT
TABLE OF CONTENTS
INTRODUCTORY PROVISIONS | ||
1 | Definitions | |
(2) | Other words and expressions | |
(3) | Interpretation of decision | |
2 | Overview | |
3 | Convention is law | |
(2) | Conflict with other laws | |
CENTRAL AUTHORITY AND COMPETENT AUTHORITY | ||
4 | Central Authority | |
(2) | Delegation by Central Authority | |
(3) | Designation by minister | |
5 | Competent authority | |
6 | Deemed reciprocity arrangements | |
APPLICATIONS MADE TO CENTRAL AUTHORITY | ||
7 | Applications made to Central Authority | |
(2) | Procedures | |
(3) | Application of Article 23 | |
(4) | Decision copies, abstracts, extracts | |
(5) | Application admissible in evidence | |
8 | Direct request to competent authority | |
(2) | Regulation re direct request | |
ENFORCEMENT AND APPEALS | ||
9 | Enforcement | |
10 | Challenges and appeals under Article 23(5) | |
(2) | Further appeals under Article 23(10) | |
(3) | Procedures for further appeals | |
DECLARATIONS AND RESERVATIONS | ||
11 | Declaration re application of Convention to other child support obligations | |
12 | Declaration re application of Convention to applications for spousal support only | |
13 | Reservation re bases for recognition and enforcement | |
14 | Declaration re making of applications through Central Authority only | |
GENERAL PROVISIONS | ||
15 | Terminology and form | |
16 | Use of extrinsic materials | |
17 | Physical presence not required | |
18 | Applications made through Central Authority to another authority — statement of enforceability | |
(2) | Non-disclosure of information | |
19 | Application of Act to certain orders registered under Inter-jurisdictional Support Orders Act | |
20 | Application of Act to decision recognized under Convention elsewhere in Canada | |
(2) | Exception | |
21 | Other remedies | |
22 | Protection from personal liability | |
23 | Crown bound | |
24 | Regulations | |
(2) | Regulation under subsection (1) prevails | |
CONDITIONAL AMENDMENTS | ||
25 | Conditional amendment re Family Law Act | |
26 | Conditional amendments re Family Support Enforcement Act | |
CONSEQUENTIAL AMENDMENTS | ||
27 | C.C.S.M. c. C280 amended | |
28 | C.C.S.M. c. F20 amended | |
C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
29 | C.C.S.M. reference | |
30 | Coming into force | |
SCHEDULE | ||
CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE |
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CHAPTER I — OBJECT, SCOPE AND DEFINITIONS | ||
CHAPTER II — ADMINISTRATIVE CO-OPERATION | ||
CHAPTER III — APPLICATIONS THROUGH CENTRAL AUTHORITIES | ||
CHAPTER IV — RESTRICTIONS ON BRINGING PROCEEDINGS | ||
CHAPTER V — RECOGNITION AND ENFORCEMENT | ||
CHAPTER VI — ENFORCEMENT BY THE STATE ADDRESSED | ||
CHAPTER VII — PUBLIC BODIES | ||
CHAPTER VIII — GENERAL PROVISIONS | ||
CHAPTER IX — FINAL PROVISIONS | ||
ANNEX 1 Transmittal form under Article 12(2) |
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ANNEX 2 Acknowledgement form under Article 12(3) |