Department of Justice Canada
Symbol of the Government of Canada

Some Considerations for Practitioners in Inter-jurisdictional Support Cases

Appendix A: Thumbnail Sketch of Inter-jurisdictional Support Orders Laws in the Common Law Provinces and Territories

  1. Definitions: (not an exhaustive list)
    1. "Designated Authority"
    2. "claimant"
    3. "applicant"
    4. "respondent"
    5. "support order"
  2. Claims Where No Order Exists
    1. Claimant Ordinarily Resident in Province/Territory
    2. Claimant Ordinarily Resident Outside Province/Territory
  3. Registration & Enforcement of Orders Made Outside Province/Territory
    1. "extra-provincial orders"
    2. "foreign orders"
  4. Variation of a Support Order
    1. Applicant Ordinarily Resident in Province/Territory
    2. Applicant Ordinarily Resident Outside Province/Territory
    3. Variation of Registered Orders (circumstances in which a court in a province or territory can vary a registered order as if it was an order made by that court)
  5. Appeals
  6. General Matters

Other provisions of note:

  • Where reciprocating jurisdiction requires a provisional order, Court can still make one
  • Where further evidence is required--request through Designated Authority

Regulation

Contains list of "reciprocating jurisdictions" and may include other procedural requirements