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Maintenance and support
These terms are interchangeable and include both child and spousal "support".
Order
Canadian reciprocity law applies only to "support" "orders" made by an authority
(such as) a court with the jurisdiction to make that determination.
Reciprocating jurisdiction
A court in a Canadian province or territory may only enforce "orders" from
another jurisdiction if it has established reciprocity with that jurisdiction.
The requirement for the establishment of a reciprocal arrangement is the
similarity of reciprocal enforcement laws and procedures between the two
jurisdictions. Once such an arrangement has been made, the other jurisdiction is
referred to as a "reciprocating jurisdiction". All of the Canadian provinces and
territories have "support" enforcement reciprocity with each other and with a
number of foreign countries. However, the list of foreign "reciprocating
jurisdictions" differs for each province and territory because the arrangements
must be negotiated individually with each Canadian jurisdiction.
Registration
Before a "final order" from a "reciprocating jurisdiction" can be enforced, it
must be legally recognized by the court asked to enforce it. Recognition is
accomplished when the "order" is filed with the enforcing court. This filing is
done by the provincial or territorial governmental authority in charge of
reciprocity.
Paternity
In most of the provinces and territories, the issue of paternity may be
determined by the court. If it is anticipated that "paternity" will be disputed,
evidence to establish paternity should be included in the support application.
DNA testing may be required to assist the court in the determination of
paternity.
Certified copy
An "order" from a "reciprocating jurisdiction" must be an original, or else
adequately authenticated as a true copy of the original by an officer of the
transmitting court.
Maintenance enforcement program
Each province and territory in Canada has a governmental authority that will
enforce the "support" "orders" of their own courts, as well as those of
"reciprocating jurisdictions". They will then send collected "support" monies to
the "claimant".
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