Section 1 (1) definition of "child" and "former enactment" BEFORE amended by 2011-25-383(a) and (b), effective March 18, 2013 (BC Reg 131/2012).

"child" has the same meaning as in the Family Relations Act;

"former enactment" means Part 8 of the Family Relations Act, which Part is repealed by this Act;

  Section 1 (2) BEFORE amended by 2011-25-383(c), effective March 18, 2013 (BC Reg 131/2012).

(2)  For the purposes of this Act, the definition of a word or expression in the Family Relations Act applies to that word or expression when used in this Act unless

  Section 1 (1) definitions "certification-exempt record" and "eligible" were added by 2015-42-28, effective November 17, 2015 (Royal Assent).

  Section 1 (1) definitions of "competent authority", "contracting state" and "convention" were added by 2022-5-1(a), effective March 1, 2024 (BC Reg 213/2023).

  Section 1 (1) definition of "support order" BEFORE amended by 2022-5-1(b), effective March 1, 2024 (BC Reg 213/2023).

"support order" means an order or interim order, made by a court or by an administrative body, that requires the payment of support, and includes

(a) the provisions of a written agreement requiring the payment of support if those provisions are enforceable in the jurisdiction in which the agreement was made as if they were contained in an order of a court or administrative body of that jurisdiction, and

(b) a statement of recalculation of the payment of support for a child or a document similar in nature (the "recalculation") made by an administrative body, if the recalculation is enforceable in the jurisdiction in which the recalculation was made as if it were an order of, or were contained in an order of, a court of that jurisdiction.

  Section 2 BEFORE re-enacted by 2022-5-2, effective March 1, 2024 (BC Reg 213/2023).

  Part 1.1, sections 2.01 to 2.11, was enacted by 2022-5-3, effective March 1, 2024 (BC Reg 213/2023).

  Section 5 (1) BEFORE amended by 2012-11-15, effective October 12, 2012 (BC Reg 303/2012).

(1)  If a claimant ordinarily resides in British Columbia and believes that the respondent ordinarily resides in a reciprocating jurisdiction that does not require a provisional order, the claimant may start a process in British Columbia that could result in a support order being made in the reciprocating jurisdiction.

  Section 5 (2) (b) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(b) a copy of the specific statutory or other legal authority on which the claimant's application for support is based, unless the claimant is relying on the law of the jurisdiction in which the respondent ordinarily resides;

  Section 6 (2) (b) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(b) send a copy of the completed support application to the appropriate authority in the reciprocating jurisdiction in which the claimant believes the respondent ordinarily resides.

  Section 6 (4) BEFORE amended by 2015-42-29, effective November 17, 2015 (Royal Assent).

(4) On receiving a certified copy of an order and reasons, if any, from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to section 15, the designated authority must send a copy of the order and reasons, if any, to the claimant.

  Section 7 (1) (a) BEFORE amended by 2012-11-17, effective October 12, 2012 (BC Reg 303/2012).

(a) ordinarily resides in British Columbia, and

  Section 7 (1) (b) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(b) believes that the respondent ordinarily resides in a reciprocating jurisdiction that requires a provisional order,

  Section 8 BEFORE re-enacted by 2014-9-27, effective April 9, 2014 (Royal Assent).

  Section 8 was renumbered as 8 (1) and (2) added by 2022-5-4, effective March 1, 2024 (BC Reg 213/2023).

  Section 9 (1) and (2) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(1)  Subject to subsections (2) and (3), if the designated authority receives a support application from an appropriate authority in a reciprocating jurisdiction, with information that the respondent named in the support application ordinarily resides in British Columbia, the designated authority must send the application to the British Columbia court.

(2)  If the designated authority believes that the respondent ordinarily resides in another reciprocating jurisdiction in Canada, the designated authority must

(a) send the support application to the appropriate authority in that other reciprocating jurisdiction, and

(b) notify the appropriate authority in the originating reciprocating jurisdiction that it has done so.

  Section 9 (3) (a) BEFORE amended by 2012-11-18, effective October 12, 2012 (BC Reg 303/2012).

(a) is unable to determine where the respondent resides, or

  Section 9 (3) (b) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(b) believes that the respondent ordinarily resides in a jurisdiction outside Canada,

  Section 9 (1) BEFORE amended and (1) (a) and (b) were added by 2015-42-30, effective November 17, 2015 (Royal Assent).

(1) Subject to subsections (2) and (3), if the designated authority receives a support application from an appropriate authority in a reciprocating jurisdiction, with information that the respondent named in the support application habitually resides in British Columbia, the designated authority must send the application to the British Columbia court.

  Section (3) (a) BEFORE amended by 2015-42-30, effective November 17, 2015 (Royal Assent).

(a) is unable to determine where the respondent habitually resides, or

  Section 9 (4) and (5) BEFORE repealed by 2015-42-30, effective November 17, 2015 (Royal Assent).

(4) The British Columbia court receiving a support application under subsection (1) must serve on the respondent

(a) a copy of the support application, and

(b) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations.

(5) If the British Columbia court is unable to serve the respondent under subsection (4), the designated authority must send the support application back to the appropriate authority in the originating reciprocating jurisdiction with any information that the designated authority has respecting the location and circumstances of the respondent.

  Section 10 (3) BEFORE amended by 2012-11-19, effective October 12, 2012 (BC Reg 303/2012).

(3)  If the British Columbia court does not receive the information or documents requested under subsection (2) within 18 months after the request is made, it may dismiss the support application and terminate an interim support order made under subsection (2) (c).

  Section 11 (3) BEFORE amended by 2003-37-27, effective May 29, 2003 (Royal Assent).

(3)  Section 95 of the Family Relations Act applies to the determination of parentage under this section.

  Section 11 (3) BEFORE amended by 2011-25-384, effective March 18, 2013 (BC Reg 131/2012).

(3)  Sections 95 and 95.1 of the Family Relations Act apply to the determination of parentage under this section.

  Section 12 (1) BEFORE amended by 2012-11-20, effective October 12, 2012 (BC Reg 303/2012).

(1)  In determining entitlement to support for a child, the British Columbia court must,

(a) subject to paragraph (b), apply the law of the jurisdiction in which the child ordinarily resides, and

(b) if there is no entitlement to support for the child under paragraph (a), apply the law of British Columbia.

  Section 12 (3) (b) BEFORE amended by 2012-11-20, effective October 12, 2012 (BC Reg 303/2012).

(b) if the claimant is not entitled to support under paragraph (a), apply the law of the jurisdiction in which the claimant and the respondent last maintained a common habitual residence.

  Section 13 (4) was added by 2012-11-21, effective October 12, 2012 (BC Reg 303/2012).

  Section 1 4(1) BEFORE amended by 2015-42-31, effective November 17, 2015 (Royal Assent).

(1) If the respondent does not appear as required in the notice served on the respondent under section 9 (4) (b), or does not provide the information or documents referred to in that notice, the British Columbia court may make an order under section 13 in the absence of the respondent or in the absence of the information or documents, and in making the order may draw any inference it considers appropriate.

  Section 14 (2) BEFORE amended by 2022-5-5, effective March 31, 2022 (Royal Assent).

(2) If a respondent does not appear as required, the British Columbia court must send a copy of the order to the respondent.

  Section 16 (1) definition of "extra-provincial order" BEFORE amended by 2016-5-15, effective March 10, 2016 (Royal Assent).

"extra-provincial order" means

(a) a support order that is made in a reciprocating jurisdiction in Canada, or

(b) a variation of a support order if the variation is made in a reciprocating jurisdiction in Canada,

but does not include a provisional order or a provisional variation order;

  Section 16 (2) BEFORE amended by 2016-5-16, effective March 10, 2016 (Royal Assent).

(2) This Part applies only with respect to extra-provincial orders and foreign orders.

  Section 17 BEFORE amended by 2015-42-29, effective November 17, 2015 (Royal Assent).

  Section 17 (2) BEFORE amended by 2015-42-32, effective November 17, 2015 (Royal Assent).

(2) On receiving an eligible copy of an order under subsection (1), the designated authority must send the certified copy of the order to the British Columbia court.

  Section 18 (4.1) and (4.2) were added by 2012-11-22, effective October 12, 2012 (BC Reg 303/2012).

  Section 18 (1) BEFORE amended by 2015-42-29, effective November 17, 2015 (Royal Assent).

(1) On receiving a certified copy of an order under section 17 (2), the British Columbia court must register it as an order of that court.

  Section 19 (1) and (4) BEFORE amended by 2012-11-23, effective October 12, 2012 (BC Reg 303/2012).

(1)  After registration of a foreign order under section 18, the British Columbia court must send notice of the registration to any party to the order believed to ordinarily reside in British Columbia.

(4)  For the purposes of subsection (3) (b) (iii), a court or administrative body had jurisdiction

(a) if both parties to the foreign order ordinarily resided in the reciprocating jurisdiction outside Canada at the time the order was made, or

(b) if a party did not ordinarily reside in the reciprocating jurisdiction outside Canada but was subject to the jurisdiction of the court or administrative body that made the foreign order at the time the order was made.

  Section 19 (1) BEFORE amended by 2020-14-13, effective February 1, 2021 (BC Reg 23/2021).

(1) After registration of a foreign order under section 18, the British Columbia court must send notice of the registration to

(a) the party required to pay support under the order, whether or not that party habitually resides in British Columbia, and

(b) every other party to the order who resides in British Columbia.

  Section 19 (1) (part) BEFORE amended by 2022-5-5, effective March 31, 2022 (Royal Assent).

(1) After registration of a foreign order under section 18, the British Columbia court must send notice of the registration

  Section 19 (2) (part) BEFORE amended by 2022-5-6(a), effective March 1, 2024 (BC Reg 213/2023).

(2) A party to the foreign order may apply to the British Columbia court to set aside the registration

  Section 19 (2.1) and (2.2) were added by 2022-5-6(b), effective March 1, 2024 (BC Reg 213/2023).

  Section 25 (1) BEFORE amended by 2012-11-15, effective October 12, 2012 (BC Reg 303/2012).

(1)  If an applicant ordinarily resides in British Columbia and believes that the respondent ordinarily resides in a reciprocating jurisdiction that does not require a provisional variation order, the applicant may start a process in British Columbia that could result in the variation of a support order being made in the reciprocating jurisdiction.

  Section 25 (2) (c) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(c) a copy of the specific statutory or other legal authority on which the application for variation is based, unless the applicant is relying on the law of the jurisdiction in which the respondent ordinarily resides;

  Section 26 (2) (b) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(b) send a copy of the completed support variation application to the appropriate authority in the reciprocating jurisdiction in which the applicant believes the respondent ordinarily resides.

  Section 26 (4) BEFORE amended by 2014-42-29, effective November 17, 2015 (Royal Assent).

(4) On receiving a certified copy of an order and reasons, if any, from a reciprocating jurisdiction under an enactment in that jurisdiction that corresponds to section 34, the designated authority must send a copy of the order and reasons, if any, to the applicant and the British Columbia court.

  Section 27 (1) (a) BEFORE amended by 2012-11-17, effective October 12, 2012 (BC Reg 303/2012).

(a) ordinarily resides in British Columbia, and

  Section 27 (1) (b) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(b) believes that the respondent ordinarily resides in a reciprocating jurisdiction that requires a provisional variation order,

  Section 27 (6) (part) BEFORE amended by 2022-5-5, effective March 31, 2022 (Royal Assent).

(6) If evidence is received under subsection (5), the British Columbia court must send to the court in the reciprocating jurisdiction

  Section 28 BEFORE re-enacted by 2014-9-28, effective April 9, 2014 (Royal Assent).

  Section 28 was renumbered as 28 (1) and (2) added by 2022-5-7, effective March 1, 2024 (BC Reg 213/2023).

  Section 29 (1) and (2) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(1)  Subject to subsections (2) and (3), if the designated authority receives a support variation application from an appropriate authority in a reciprocating jurisdiction, with information that the respondent named in the support variation application ordinarily resides in British Columbia, the designated authority must send the application to the British Columbia court.

(2)  If the designated authority believes that the respondent ordinarily resides in another reciprocating jurisdiction in Canada, the designated authority must

(a) send the support variation application to the appropriate authority in that other reciprocating jurisdiction, and

(b) notify the appropriate authority in the originating reciprocating jurisdiction that it has done so.

  Section 29 (3) (a) BEFORE amended by 2012-11-18, effective October 12, 2012 (BC Reg 303/2012).

(a) is unable to determine where the respondent resides, or

  Section 29 (3) (b) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(b) believes that the respondent ordinarily resides in a jurisdiction outside Canada,

  Section 29 (1) and (3) (a) BEFORE amended by 2015-42-33, effective November 17, 2015 (Royal Assent).

(1) Subject to subsections (2) and (3), if the designated authority receives a support variation application from an appropriate authority in a reciprocating jurisdiction, with information that the respondent named in the support variation application habitually resides in British Columbia, the designated authority must send the application to the British Columbia court.

(a) is unable to determine where the respondent habitually resides, or

  Section 29 (4) and (5) BEFORE repealed by 2015-42-33, effective November 17, 2015 (Royal Assent).

(4) The British Columbia court receiving a support variation application under subsection (1) must serve on the respondent

(a) a copy of the support variation application, and

(b) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations.

(5) If the British Columbia court is unable to serve the respondent under subsection (4), the designated authority must send the documents back to the appropriate authority in the reciprocating jurisdiction that sent the support variation application with any information that the designated authority has respecting the location and circumstances of the respondent.

  Section 30 (3) BEFORE amended by 2012-11-19, effective October 12, 2012 (BC Reg 303/2012).

(3)  If the British Columbia court does not receive the information or documents requested under subsection (2) within 18 months after the request is made, it may dismiss the support variation application and terminate an interim support variation order made under subsection (2) (c).

  Section 31 (1) and (2) BEFORE amended by 2012-11-24, effective October 12, 2012 (BC Reg 303/2012).

(1)  In determining entitlement to receive or to continue to receive support for a child, the British Columbia court must

(a) subject to paragraph (b), apply the law of the jurisdiction in which the child ordinarily resides, and

(b) if there is no entitlement to support for the child under paragraph (a), apply the law of British Columbia.

(2)  In determining the amount of support to be paid for a child, the British Columbia court must apply the law of the jurisdiction in which the person liable to pay the support ordinarily resides.

  Section 31 (3) (b) (i) BEFORE amended by 2012-11-16, effective October 12, 2012 (BC Reg 303/2012).

(i)  the law of the jurisdiction in which the party ordinarily resides, or

  Section 33 (1) BEFORE amended by 2015-42-34, effective November 17, 2015 (Royal Assent).

(1) If the respondent does not appear as required in the notice served on the respondent under section 29 (4) (b), or does not provide the information or documents referred to in that notice, the British Columbia court may make an order under section 32 in the absence of the respondent or in the absence of the information or documents, and in making the order may draw any inference it considers appropriate.

  Section 33 (2) BEFORE amended by 2022-5-5, effective March 31, 2022 (Royal Assent).

(2) If a respondent does not appear as required, the British Columbia court must send a copy of the order to the respondent.

  Section 34 (a) BEFORE amended by 2012-11-17, effective October 12, 2012 (BC Reg 303/2012).

(a) the appropriate authority in the reciprocating jurisdiction in which the applicant ordinarily resides, and

  Part 4, Division 3, heading BEFORE amended by 2012-11-25, effective October 12, 2012 (BC Reg 303/2012).

Division 3 — Variation of Registered Orders if Jurisdiction of British Columbia Court Accepted

  Section 35 (1) BEFORE amended by 2012-11-26, effective October 12, 2012 (BC Reg 303/2012).

(1)  The British Columbia court may, after taking into account any right of a government or agency of a government under section 40, vary a support order registered in British Columbia under Part 3 of this Act or under the former enactment if

(a) both the applicant and respondent accept the British Columbia court's jurisdiction,

(b) both the applicant and respondent ordinarily reside in British Columbia, or

(c) the respondent ordinarily resides in British Columbia and the applicant has registered the support order.

  Section 35 (2) BEFORE amended by 2011-25-385, effective March 18, 2013 (BC Reg 131/2012).

(2)  The Family Relations Act applies for the purposes of varying a support order under the circumstances referred to in subsection (1), as if the order being varied was an order for support under that Act.

  Section 36 (4) BEFORE amended by 2010-6-60, effective July 1, 2010.

(4)  The Rules of Court apply to an appeal under subsection (1) (a) to the extent that they are consistent with this section.

  Section 36 (5) BEFORE amended by 2021-6-55, effective July 18, 2022 (BC Reg 120/2022).

(5) Despite section 14 of the Court of Appeal Act, an appeal must be commenced within 90 days after the date the ruling, decision or order of the British Columbia court is entered as a judgment of the court.

  Section 39 BEFORE re-enacted by 2012-11-27, effective October 12, 2012 (BC Reg 303/2012).

  Section 39 (2) (b) BEFORE amended by 2022-5-8, effective March 1, 2024 (BC Reg 213/2023).

(b) after that, the director or, if the foreign support order is not filed with the director, the designated authority, may, from time to time, revise the conversion into Canadian currency of the foreign support amount to reflect current conversion rates.

  Section 42 (4) was added by 2022-5-9, effective March 1, 2024 (BC Reg 213/2023).

  Section 44 (6) was added by 2015-42-35, effective November 17, 2015 (Royal Assent).

  Section 44 (2) (g) to (i) were added by 2022-5-10(a), effective March 1, 2024 (BC Reg 213/2023).

  Section 44 (2.1) and (7) to (9) were added by 2022-5-10(b), effective March 1, 2024 (BC Reg 213/2023).

  Section 45 (6) BEFORE amended by 2011-25-386, effective March 18, 2013 (BC Reg 131/2012).

(6)  The court designated by the Attorney General for the purpose of the registration of final orders or the filing of confirmation orders under Part 8 of the Family Relations Act, may file with the director under the Family Maintenance Enforcement Act all final orders and confirmation orders that were registered or filed with the court, before the coming into force of section 55, as if Part 8 of the Family Relations Act was not repealed.

  Section 45 (4) BEFORE amended by 2016-5-16, effective March 10, 2016 (Royal Assent).

(4) If a final order has been received for registration under the former enactment but has not been registered in a British Columbia court on the coming into force of the section 55, the final order must be dealt with in accordance with this Act as if it were an extra-provincial order or foreign order, as the case may be, received under Part 3 of this Act.

  Section 45.1 was enacted by 2012-11-28, effective October 12, 2012 (BC Reg 303/2012).

  Section 45.2 was enacted by 2022-5-11, effective March 1, 2024 (BC Reg 213/2023).

  Schedule 1 was enacted by 2022-5-12, effective March 1, 2024 (BC Reg 213/2023).