Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 37

Interjurisdictional Support Orders Act (amended)

An Act to Amend Chapter 9 of the Acts of 2002, the Interjurisdictional Support Orders Act

Déposé par :
L'honorable Ross Landry
Minister of Justice

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 3 mai 2012
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet 19 février 2013
2012 Statutes, Chapter 24

Note explicative (en anglais seulement)

Explanatory Notes
Clause 1 amends the definition of “support order” in the Interjurisdictional Support Orders Act to include a recalculation of a payment of support in the specified circumstance.

Clause 2 replaces “ordinarily resides” with “resides” or “habitually resides”, as appropriate.

Clause 3 replaces “ordinarily resides” with “habitually resides” and “ordinarily resident” with “habitually resident” and corrects an incorrect cross-reference.

Clauses 4 and 5 replace “ordinarily resides” with “habitually resides” and “ordinarily resident” with “habitually resident”.

Clause 6 shortens the time period during which information or documents must be provided to the court from 18 months to 12 months.

Clause 7

(a) reverses the order in which the court is to apply child support law by requiring that, in determining entitlement to child support, the court must first apply Nova Scotia law, if there is entitlement under Nova Scotia law, rather than the law of the jurisdiction where the child habitually resides; and

(b) clarifies that Nova Scotia law includes the Child Maintenance Guidelines.

Clause 8 adds a presumption to assist with identifying which law the court applied in determining child support entitlement.

Clause 9

(a) removes a limitation on the sources from which the designated authority can receive a certified copy of an order for registration; and

(b) clarifies that registration of an order is possible even when there are no parties to the order residing in Nova Scotia.

Clause 10 clarifies the duration of support obligations under registered orders by


(a) providing which law applies; and

(b) adding authority to apply Nova Scotia law in the specified circumstance.

Clause 11

(a) replaces “ordinarily resides” with “habitually resides”;

(b) adds a requirement to notify a party to an order made in a reciprocating jurisdiction that is registered in Nova Scotia even if the party habitually resides outside Nova Scotia; and

(c) adds a new provision to clarify when the court may determine that the court in the reciprocating jurisdiction did not have jurisdiction.


Clause 12 replaces “ordinarily resides” with “resides” or “habitually resides”, as appropriate.


Clause 13 replaces “ordinarily resident” with “habitually resident” and “ordinarily resides” with “habitually resides”.

Clause 14
(a) replaces “ordinarily resides” with “habitually resides”; and

(b) adds authority for the court to vary the support order of a court in a reciprocating jurisdiction in which the respondent resides if that court cannot or will not hear the support-variation application.

Clauses 15 and 16 replaces “ordinarily resident” with “habitually resident” and “ordinarily resides” with “habitually resides”.

Clause 17 shortens the time period during which information or documents must be provided to the court from 18 months to 12 months.

Clause 18
(a) reverses the order in which the court is to apply child support law by requiring that, in determining support-variation applications, the court must first apply Nova Scotia law, if there is entitlement under it, rather than the law of the jurisdiction where the child habitually resides; and

(b) clarifies the Nova Scotia law includes the Child Maintenance Guidelines.

Clause 19 adds a presumption to assist with identifying which law the court applied in determining a support-variation application.

Clause 20 replaces “ordinarily resides” with “resides”.


Clause 21
(a) clarifies which types of orders the provision being replaced applied to; and

(b) replaces “ordinarily resides” with “habitually resides”.

Clause 22 adds definitions and authority for dealing with requests to locate and with interjurisdictional applications.


Clause 23 makes a minor wording change to the Act’s regulation-making authority.


Clause 24 replaces “ordinarily resides” with “habitually resides”.


Clause 25 makes a consequential amendment to the Freedom of Information and Protection of Privacy Act to provide that the confidentiality provisions in Section 53B of the Interjurisdictional Support Orders Act respecting a person’s whereabouts prevail over provisions in the Freedom of Information and Protection of Privacy Act that may authorize access.

Clause 26 adds transitional provisions with respect to requests for information or documents, support order applications and support-variation order applications that are outstanding on or before the date that certain provisions of this Act come into force.

Clause 27 provides that this Act comes into force upon proclamation.