O. Reg. 389/23: GENERAL

International Recovery of Child Support and Family Maintenance Convention Act, 2023

ONTARIO REGULATION 389/23

GENERAL

Historical version for the period December 14, 2023 to January 31, 2024.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on February 1, 2024.

No amendments.

This is the English version of a bilingual regulation.

Competent authority

1. (1) For the purposes of section 8 of the Act, the court is the competent authority in respect of the Act and the regulations, and in respect of a power, duty or function of the competent authority under the Act, subject to subsection (2).

(2) The Central Authority may designate itself as the competent authority to exercise a power or perform a duty or function of the competent authority instead of the court under any of the following articles of the Convention:

1.  Article 25 (1) (b).

2.  Article 25 (2).

3.  Article 25 (3) (b).

4.  Article 30 (3) (b).

5.  Article 44 (1).

Applications made to Central Authority in Ontario, abstracts and extracts

2. The following requirements respecting the use of an abstract or extract of a decision are prescribed for the purposes of clause 11 (5) (b) of the Act:

1.  The abstract or extract must be prepared by a person who is authorized to prepare abstracts and extracts of court decisions.

2.  The application must include a statement that identifies the person who prepared the abstract or extract.

3.  The abstract or extract must include,

i.  the date on which the decision was made,

ii.  the state in which the decision was made,

iii.  the competent authority that made the decision,

iv.  the full name of the debtor,

v.  the full name of the person or persons for whom maintenance is payable,

vi.  the full name of the person to whom maintenance is to be paid,

vii.  the date of birth of any child for whom maintenance is payable,

viii.  the specific amount of maintenance payable in the applicable currency, and the frequency of the payment,

ix.  the commencement date of the payment obligation, and

x.  the termination date of the payment obligation, if any.

Direct request to competent authority

3. (1) For the purposes of subsection 12 (2) of the Act, a request for recognition and enforcement of a decision made directly to the competent authority may be,

(a)  directed by the competent authority to the Central Authority; and

(b)  treated by the Central Authority as an application under Article 10 (1) (a) or (2) (a) of the Convention.

Applications made through Central Authority to another central authority, procedures

4. (1) This section applies with respect to an application made through the Central Authority to another central authority under Article 10 of the Convention, by an applicant who resides in Ontario, for the establishment or modification of a decision.

(2) Subject to subsection 17 (3) of the Act, the Interjurisdictional Support Orders Act, 2002 and Ontario Regulation 55/03 (General) made under that Act apply, with the following and any other necessary modifications, with respect to the application:

1.  A reference in the Interjurisdictional Support Orders Act, 2002 or in Ontario Regulation 55/03 to the designated authority shall be read as a reference to the Central Authority.

2.  A reference in the Interjurisdictional Support Orders Act, 2002 or in Ontario Regulation 55/03 to the appropriate authority is to be read as a reference to the central authority of a Contracting State under the Convention.

Decisions expressed in non-Canadian currency

5. If a decision made in a Contracting State that has been registered for enforcement under the Act refers to an amount of support that is not expressed in Canadian currency, the conversion of the amount into Canadian currency shall be determined in accordance with sections 18 and 19 of Ontario Regulation 55/03 (General) made under the Interjurisdictional Support Orders Act, 2002.

6. Omitted (provides for coming into force of provisions of this Regulation).