O. Reg. 34/21: GENERAL

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ontario regulation 34/21

made under the

Interjurisdictional Support Orders Act, 2002

Made: January 28, 2021
Filed: January 29, 2021
Published on e-Laws: January 29, 2021
Printed in The Ontario Gazette: February 13, 2021

Amending O. Reg. 55/03

(GENERAL)

1. Section 2 of Ontario Regulation 55/03 is amended by striking out “Form A (support application/support variation application), Form B (identification information) and any of Forms C to M” and substituting “Form A.1 (Support Application under the Interjurisdictional Support Orders (ISO) Act) and any of Forms B to J”.

2. Section 5 of the Regulation is amended by striking out “Form A (support application/support variation application), Form B (identification information) and any of Forms C to M” and substituting “Form A.1 (Support Application under the Interjurisdictional Support Orders (ISO) Act) and any of Forms B to J”.

3. Section 12 of the Regulation is amended by striking out “Form A (support application/support variation application), Form B (identification information) and any of Forms C to M” and substituting “Form A.2 (Support Variation Application under the Interjurisdictional Support Orders (ISO) Act) and any of Forms B to K”.

4. Section 15 of the Regulation is amended by striking out “Form A (support variation/support variation application), Form B (identification information) and any of Forms C to M” and substituting “Form A.2 (Support Variation Application under the Interjurisdictional Support Orders (ISO) Act) and any of Forms B to K”.

5. (1) Paragraph 1 of subsection 18 (1) of the Regulation is revoked and the following substituted:

1.  The clerk shall obtain from a bank listed in Schedule I or II to the Bank Act (Canada) a quotation for the equivalent amount in Canadian currency at the rate of exchange applicable on the day the order was registered.

(2) Subsection 18 (2) of the Regulation is revoked and the following substituted:

(2) The amount in Canadian currency that is certified under paragraph 2 of subsection (1) is the amount of support payable, subject to an adjustment under section 19.

6. Sections 19 and 20 of the Regulation are revoked and the following substituted:

Conversion adjustments

19. (1) In this section,

“converted support amount” means a support amount that has been converted into Canadian currency under section 44 of the Act, as adjusted under subsection (2), if applicable; (“montant d’aliments converti”)

“currency conversion adjustment date”, in relation to a converted support amount, means the date on which a period determined by the designated authority under subsection (5) that applies to the converted support amount ends; (“date de rajustement de la conversion de monnaie”)

“currency conversion date” means the date on which a support amount that is not expressed in Canadian currency is converted into Canadian currency under section 44 of the Act. (“date de conversion de monnaie”)

(2) The designated authority shall, on or near each currency conversion adjustment date that applies with respect to a converted support amount, adjust the converted support amount by,

(a)  obtaining from a bank listed in Schedule I or II to the Bank Act (Canada) a quotation for an amount in Canadian currency that, as of the day the adjustment is to be made, is equivalent to the support amount that was converted into Canadian currency under section 44 of the Act; and

(b)  filing a statement with the Ontario court certifying the amount in Canadian currency obtained under clause (a) as the converted support amount as of the currency conversion adjustment date.

(3) The amount in Canadian currency that is certified under clause (2) (b) is the amount of support payable on and after the 30th day following the applicable currency conversion adjustment date, subject to a subsequent adjustment under subsection (2).

(4) The designated authority shall give notice of an adjustment under subsection (2) to each party,

(a)  by sending the notice to the party; or

(b)  if the party resides in a reciprocating jurisdiction and the support order was sent to Ontario for registration by an appropriate authority in the reciprocating jurisdiction, by providing the notice to the appropriate authority by ordinary mail or any other method acceptable to the appropriate authority.

(5) For the purposes of this section, the designated authority shall, from time to time, determine a period with respect to converted support amounts that,

(a)  in the case of converted support amounts that have not been adjusted under subsection (2), is no longer than five years after the currency conversion date; and

(b)  in the case of converted support amounts that have been adjusted under subsection (2), is no longer than five years after the last adjustment under that subsection.

(6) This section applies with respect to a converted support amount if its currency conversion date is on or after the day section 6 of Ontario Regulation 34/21 came into force.

Forms

Forms

20. (1) The following forms, dated January 1, 2021 and available on the website of the Government of Ontario Central Forms Repository, are prescribed for the purposes of this Regulation and the Act:

1.  Form A.1, Support Application under the Interjurisdictional Support Orders (ISO) Act.

2.  Form A.2, Support Variation Application under the Interjurisdictional Support Orders (ISO) Act.

3.  Form B, Parentage.

4.  Form C, Child Support Claim.

5.  Form D, Request for Support Order (If Respondent Does Not Provide Financial Information).

6.  Form E, Request for Child Support Different than Child Support Table Amount.

7.  Form F, Special or Extraordinary Expense Claim.

8.  Form G, Request to Pay Child Support Different than Child Support Table Amount.

9.  Form H, Support for Claimant/Applicant.

10.  Form I, Financial Information.

11.  Form J, Child Status and Financial Statement.

12.  Form K, Evidence to Support Variation of a Support Order.

13.  Form L, Respondent’s Response to Application.

(2) For the purposes of Forms A.1 and A.2, the Additional Locate Information Form is the Additional Locate Information Form dated January 1, 2021 and available on the website of the Government of Ontario Central Forms Repository.

(3) If an affidavit is required for any of the following purposes, the Affidavit in Form M, dated January 1, 2021 and available on the website of the Government of Ontario Central Forms Repository, shall be used:

1.  For additional evidence in support of an application or response to an application.

2.  In response to a request for further information or documents from the reciprocating jurisdiction.

Commencement

7. This Regulation comes into force on the later of the day section 2 of Schedule 1 to the Moving Ontario Family Law Forward Act, 2020 comes into force and the day this Regulation is filed.

 

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