What is the Interjurisdictional Support Orders Act, 2002?
The Interjurisdictional Support Orders Act, 2002 (ISO Act) sets out a streamlined the process for obtaining, varying and enforcing support orders when one person lives outside of Ontario in a reciprocating jurisdiction.
All Canadian provinces and territories have agreed to implement the ISO Act to improve service to Canadian families by creating a flexible, efficient, and effective method of moving support applications and orders across borders. The ISO Act came into force in Ontario on March 31, 2003.
What kinds of situations does the ISO Act cover?
The ISO Act applies to:
- Registering support orders made in reciprocating jurisdictions for enforcement in Ontario.
- Making or varying a support order when the applicant lives in Ontario and the other person lives in a reciprocating jurisdiction.
- Making or varying a support order when the applicant lives in a reciprocating jurisdiction and the other person lives in Ontario.
What is a reciprocating jurisdiction?
It is a territory, province, state, or country that has entered into a formal arrangement with Ontario to enforce each other's support orders. Reciprocating jurisdictions must have family support laws that are similar to those in Ontario. All the Canadian provinces and territories, the United States of America, and a number of other countries are reciprocating jurisdictions. The ISO Act continues to recognize all of the reciprocating jurisdictions under the RESO Act.
How do I know if the other person involved in my situation is living in a reciprocating jurisdiction?
All the Canadian provinces and territories, the United States of America, and a number of other countries are reciprocating jurisdictions.
Any additions to the above list will be found in Ontario Regulation 53/03 under the ISO Act, or by calling 416.240.2410 or 1.800.463.3533.
What if the other person does not live in a reciprocating jurisdiction?
If you want to make a support order or change an existing support order, but the other person does not live in a reciprocating jurisdiction, you should seek legal advice about your options.
My support order was made in a reciprocating jurisdiction. How is it registered?
A support order made in a reciprocating jurisdiction is filed in the Ontario court. Once filed, the order will be registered with the Family Responsibility Office (FRO). The FRO enforces support orders at no charge to applicants. However, you can also choose to do your own enforcement.
All Canadian support orders will be registered with the Ontario court. These orders are enforced immediately upon registration with the Ontario court. If the order was made outside of Canada the support payor in Ontario has 30 days to set aside registration of the order.
Does a court order from a reciprocating jurisdiction have to go before an Ontario judge?
No. In order to register an order from a reciprocating jurisdiction, the order is simply sent to the court closest to the person who lives here in Ontario. Registration is an administrative process. The only time that the matter will be put before a judge is when a motion to set aside registration is commenced. That can only be done if the order was made outside of Canada. Even then, there are only very limited reasons a court will set aside a registration. These are:
- in the proceeding where the order was made, a party to the order did not have proper
- notice or a reasonable opportunity to be heard;
- the order is contrary to Ontario public policy; orthe court that made the order did not have jurisdiction to make it.
Can a support order from a reciprocating jurisdiction be varied?
Yes, if an order is registered in Ontario, it can be varied under the ISO Act. The person who wants to change the order:
- Fills out the necessary application forms, or by calling the ISO Unit at 416.240.2410 or 1.800.463.3533, and through the courts, Family Law Information Centres and Legal Aid Offices).
- Sends the completed application forms to the ISO Unit at:
Family Responsibility Office
ISO Unit
P.O. Box 640
Downsview, ON, M3M 3A3
Canada
- The ISO Unit sends the completed application forms to the reciprocating jurisdiction.
- The court in the reciprocating jurisdiction makes the order.
The process for varying an order may be different if the reciprocating jurisdiction requires a provisional order.
How do I know if the other party is living in a jurisdiction that needs provisional orders?
Currently, the following jurisdictions require provisional orders:
- United Kingdom (consisting of England, Scotland, Northern Ireland, Wales, Gibraltar, Guernsey, Alderney and Sark, Jersey, and Isle of Man);
- New Zealand
- Germany
- Bermuda
- Hong Kong, and
- Quebec.
For up-to-date information on the jurisdictions that require provisional orders, please see When One Person Lives Outside of Ontario. Alternatively, you can call the ISO Unit at 416.240.2410 or 1.800.463.3533.
What is the process if the other person lives in a reciprocating jurisdiction that still requires a provisional order?
If the respondent (the person responding to the application) lives in a reciprocating jurisdiction that requires a provisional order, the Ontario court will consider the application and make a provisional order. The order, sworn evidence and any transcript will be sent to the court in the reciprocating jurisdiction for a confirmation hearing.
If the applicant lives in a reciprocating jurisdiction that requires a provisional order, the court in the reciprocating jurisdiction issues a provisional order and transcript, which goes to the Ontario court for an order to be made.
Even if the court in Ontario receives a provisional order, under the ISO Act the court will treat the provisional order in the same manner as a sworn, forms-based application; that is, it will be heard in writing unless the court orders otherwise.
What if my ex-partner left Ontario and I don't have a support order?
You can get a support order under the ISO Act. To start an application under the ISO Act you must:
- Complete and swear a support application. This application must be on the standard form that is being used across Canada. The application form[6] and a guide to help you complete it are available on the website or by calling the ISO Unit at 416.240.2410 or 1.800.463.3533, and through the courts, Family Law Information Centres and Legal Aid Offices. The form is designed so that you can provide enough detailed information on it for the court in the respondent's jurisdiction to properly consider your application and make a decision.
- Forward the completed support application form to the ISO Unit, P.O. Box 640 Toronto, ON, Canada, M3M 3A3.
The ISO Unit then forwards your sworn application to the respondent's jurisdiction for a court hearing and decision. You will be given a copy of any order that the reciprocating jurisdiction grants, once the ISO Unit receives it.
What if someone in a reciprocating jurisdiction wants to bring a support application against me?
If you live in Ontario and someone in a reciprocating jurisdiction brings a court application against you, the Ontario courts will receive that applicant's support application (or support variation application) package from the other jurisdiction and schedule a hearing. You will be served with a copy of the application and a notice requiring you to file a response by a certain date. You will be asked to supply the court with certain financial information and documents. If you want to have an oral hearing you can bring a motion to the court asking for one, but you should still file your response by the date required.
Unless the court orders an oral hearing, the judge will decide the matter, based on the applicant's sworn application and any sworn evidence you present.
What happens if I don't file a response in the Ontario Court?
If you are the respondent (the person responding to the application) in a support order or a support variation application and the court serves you with a notice of hearing, the law requires you to file a response. As a respondent, it is to your benefit to respond so that you can present your own evidence and arguments to the court. If you do not, the Ontario ISO Act provides that the court can grant a support (or support variation) order in your absence.
If you are the applicant seeking a support order or variation order, you are not expected to appear or to be represented by anyone at the court hearing in the other jurisdiction. You may not receive notice of when this hearing is to occur.
Do I need a lawyer to bring an application under the ISO Act or if someone brings an application under the act against me?
The ISO court forms have been designed for easy completion. However, ISO procedures can involve complex questions about which jurisdiction's laws apply and how the various laws can benefit you. You may want to consult a lawyer to discuss.
If you need assistance in finding a lawyer, contact:
- The Lawyer Referral Service of the Law Society of Upper Canada at 1-900-565-4LRS (4577). This service will put you in touch with a lawyer for a free 30-minute consultation. Note, there is a $6 charge on your phone bill for using the service.
I am making a support application under the federal Divorce Act. Does the ISO Act apply to my situation?
No. The ISO Act DOES NOT apply to any support applications made under the federal Divorce Act.
Both of us live in Ontario. Can I use the ISO Act?
No. The ISO Act only applies to situations where one party lives outside Ontario in a reciprocating jurisdiction.
What happens to support order matters that were started under the RESO Act and were not concluded as of March 31, 2003 when the ISO Act came into effect?
Some matters will be finished under the new ISO Act and some will be finished under the terms of the previous RESO Act.
Where the court is in the middle of proceedings for matters that began under the RESO Act, the matters will be finished under the RESO Act, as though it were still in effect.
Matters started under the RESO Act that will finish under the ISO Act may include the following situations:
- The ISO Unit has received an order for registration in Ontario but it is not yet registered in the Ontario court.
- Ontario has received a provisional order or provisional variation order but the respondent has not yet been served with a notice of confirmation hearing.
How do I get more information?
For more information about the ISO Act and/or to get the standard application package that includes application forms and guides, please see When One Person Lives Outside of Ontario. Alternatively, you can contact the ISO Unit.
The forms and guides are also available at any Ontario court office, Family Law Information Centre, or Legal Aid Office.
Here is the mailing address for correspondence on interjurisdictional support matters (not payments):
Family Responsibility Office
ISO Unit
P.O. Box 640
Downsview ON M3M 3A3
Canada
416.240.2410 or toll-free 1.800.463.3533 (Eastern Time)
TTY (Local) 416.240.2414