The International Child Support and Family Maintenance (Hague Convention) Act

S.M. 2022, c. 29

Bill 37, 4th Session, 42nd Legislature

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
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)
ANNEX 2
Acknowledgement form under Article 12(3)