Responding to a Notice of Registration of a Support Order Made Outside of Canada

1. I have just received a Notice of Registration of a Support Order made Outside of Canada. What do I do?

When you receive a Notice of Registration of a Support Order Made Outside of Canada, it is a good idea to speak to a lawyer for advice as soon as possible. These FAQs do not take the place of legal advice. Court staff cannot give you legal advice. For ways to get legal advice, click here.

Return to Top

2. Can I object to the Notice of Registration?

Yes, in some cases. You may be able to make an application to request that the registration of the support order be set aside. There are time limits and special rules involved in making this kind of application. Getting legal advice right away on whether your situation may qualify and how to make the application is very important.

Return to Top

3. In what situations can registrations be set aside?

This can be difficult to sort out without having legal advice. Applications to set aside can be made only in certain situations. Some things a judge will want to know about when making a decision are:

  • Did a party to the order have proper notice or have a reasonable opportunity to be heard in the proceeding in which the order was made?
  • Is the order contrary to the public policy of Nova Scotia?
  • Did the court or administrative body that made the order have the jurisdiction to make the order?

Return to Top

4. What does the Notice to Set Aside Registration look like?

If you are making your application in the Supreme Court (Family Division) in Halifax, Sydney or Port Hawkesbury, click here for your form.

If you are making your application in the Family Court, click here for your form.

 

Return to Top

5. What else do I need to file?

That will depend on the facts of each case. You will always need to file an affidavit. For more information on filing affidavits, click here.

Return to Top

6. Who gets a copy of the Application to Set Aside Registration after I prepare it, and when?

There are several things you must do with the Application to Set Aside Registration after you prepare it. You will have to:

  • Make 4 copies of the Notice.
  • File the original at the court where the Notice of Registration was issued. It must be filed within 30 days after you received the Notice of Registration.
  • Serve a copy of the Notice to Set Aside on a Nova Scotia Reciprocity Officer at least 60 days before the date the application is to be heard in court. This can be done by registered mail or by personal service to one of the people listed below:

    Jessica Renfert

    NS Reciprocity Officer

    1690 Hollis Street, 4th floor

    Halifax, NS   B3J 3J9

    Sonya Corbeil

    NS Reciprocity Officer

    1690 Hollis Street, 4th floor

    Halifax, NS   B3J 3J9

 

  • Serve a copy of the Notice to Set Aside on the party who claimed or applied for the foreign order. This may be done by registered mail and take place at least 60 days before the date the application is to be heard in court. You must serve the other party at their last known address on the court file.
     
  • If there is no address for the party on the court file, you must serve the appropriate authority from the place that sent the foreign order to Nova Scotia. You must serve the appropriate authority by registered mail. You may contact the court officer listed on the Notice of Registration to get the address for the appropriate authority.

Return to Top

7. How do I show that the Notice was served?

You will need to file an Affidavit of Service with the court to confirm when and how service was completed for each person served. You can find a basic form of Affidavit of Service here.

Return to Top

8. Where can I find the laws that deal with registration and applying to set aside registration?

The full Interjurisdictional Support Orders Act, S.N.S. 2002, as amended, may be found here.

The full Interjurisdictional Support Orders Regulations, NS Reg. 40/2013, as amended, may be found here.

Return to Top