Frequently Asked Questions about the Interjurisdictional Support Orders Act, 2002 | Ministry of Community and Social Services

What is the Interjurisdictional Support Orders Act, 2002?

The Interjurisdictional Support Orders Act, 2002 (ISO Act, for short) streamlines the process for obtaining, varying and enforcing support orders involving Ontarians and parties who live in reciprocating jurisdictions.

It came into force in Ontario on March 31, 2003 and replaces the Reciprocal Enforcement of Support Orders (RESO) Act.

What kind 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?

A reciprocating jurisdiction 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.

How do I know if the other person involved in my support order is living in an area that is considered a reciprocating jurisdiction?

All the Canadian provinces and territories, the United States of America, and a number of other countries are reciprocating jurisdictions. To see if the area where the other party lives is considered a reciprocating jurisdiction visit Ontario Regulation 53/03 under the Interjurisdictional Support Orders Act, 2002.

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 talk to a lawyer to find out your options.

The support payor, who was in Ontario, has moved to another reciprocating jurisdiction. Can FRO ask the reciprocating jurisdiction to enforce the support order?

If the case is registered at FRO, and the payor moves to another reciprocating jurisdiction, FRO can ask the reciprocating jurisdiction to enforce the support order. Three certified copies of the court order and information about the location of the payor is sent to the reciprocating jurisdiction. For more information regarding this process, contact the ISO Unit at:

(Local) 416-240-2410, and
Toll Free at 1 800 463 3533.

My support order was made in a reciprocating jurisdiction. How is it registered?

A support order made in a Canadian reciprocating jurisdiction is registered for enforcement in the Ontario court and sent to us. We register your support order and begin to enforce it. If you would like to do your own enforcement, you can withdraw from the program.

A support order made in a reciprocating jurisdiction outside of Canada is also registered for enforcement in the Ontario court. In these situations, the court gives the support payor a notice of the registration. The notice or registration advises the payor that they have 30 days to make a motion to the court to set aside the registration. This means that they can ask the court to make an order that the support order cannot be enforced in Ontario.

Does a court order from a reciprocating jurisdiction have to go before an Ontario judge?

No. 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, or
the court that made the order did not have jurisdiction to make it.

Can a support order from a reciprocating jurisdiction be varied?

Usually, if an order is registered for enforcement in Ontario, it can be varied under the ISO Act.

If you want to change the order, you have to fill out the necessary application forms.
You can get these forms by

downloading them here, or
calling the Family Responsibility Office at:

(416) 240-2410
1-800-463-3533
TTY: (416) 240-2414

You can also get the forms through the courts, Family Law Information Centres and Legal Aid Offices.

Send the completed application forms to:

Family Responsibility Office
Interjurisdictional Support Orders Unit
P.O. Box 640
Downsview ON M3M 3A3
Canada

We will send 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
Hong Kong, and
Québec.

A provisional order has no legal effect until it has been confirmed by a court in the reciprocating jurisdiction

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. This means the provisional order 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 apply for a support order under the ISO Act if the respondent lives in a reciprocating jurisdiction. To start the application, you must:

Complete and swear a support application.

This application must be on the standard form that is being used across Canada.

You can get the application forms and a guide to help you fill them out by downloading them here.

You can also get the form 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:

Family Responsibility Office
Interjurisdictional Support Orders Unit
P.O. Box 640
Downsview ON M3M 3A3
Canada

We will send 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 we receive 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 affect you.

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).

You will be put in touch with a lawyer for a free 30-minute consultation.

(You will have to pay a $6 administration charge for using this service. The charge will appear on your phone bill.)

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 act only applies to situations where one party lives outside Ontario in a reciprocating jurisdiction.

How do fluctuations in currency exchange rates affect my support payments?

If you have a support order that was made outside Canada and registered in Ontario, or a support order that was made in Ontario and registered outside Canada, the fluctuations of currency rates will probably affect your support payments.

When an order made outside Canada is registered in the Ontario court, the order is converted to Canadian currency using the exchange rate that was in effect on the date of the order, if available. Exchange rates are available if the Bank of Canada was monitoring the exchange rates for that country on that date. If the exchange rate is not available, the order is converted to Canadian currency using the exchange rate that is in effect on the date of registration in the Ontario court (Ontario Regulation 55/03 under the ISO Act). The converted Canadian amount is the amount that can be enforced by the Family Responsibility Office.

Currency exchange rates may be obtained from the Bank of Canada website.

What happens to support order matters that were started under the Reciprocal Enforcement of Support Orders Act (RESO) 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:

We have 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, you can: