The Rules Committee of the Supreme Court has recently approved amendments to the Supreme Court Family Rules (Part IV of the Rules of the Supreme Court, 1986). These amendments will be published in the Newfoundland and Labrador Gazette on March 26, 2021, and will come into force upon publication.

RULES F35 AND F36 AMENDED

The regulation amending the Rules of the Supreme Court, 1986, includes amendments to Rule F35 and F36.

The amendments were required following the enactment of the Divorce Act’s new provisions governing inter-jurisdictional support claims (see s. 18.1-19.1), which came into force on March 1, 2021.

Rule F35 Amendment

Rule F35 was repealed and replaced. The new Rule F35 specifies how the Supreme Court will provide a respondent with notice of an application to obtain, vary, rescind or suspend a support order forwarded to the court by the designated authority under subsections 18.1(5) or 19(4) of the Divorce Act.

The new Rule F35 also addresses how a respondent who is ordinarily resident outside of this jurisdiction may request that an application from the Supreme Court of Newfoundland and Labrador be converted to an inter-jurisdictional application (see s. 18.2(1)).

The new Rule F35 further outlines how a person must apply to the court for the recognition of a support order granted in a designated jurisdiction.

Rule F36 Amendment

Rule F36 was also repealed and substituted. The new Rule F36 clarifies that the procedure in the Interjurisdictional Support Orders Act applies to Interjurisdictional Support Order applications that are not governed by the Divorce Act.

FURTHER INFORMATION

If you have any questions regarding these recent amendments, please direct them to the Supreme Court’s inquiries email address: supcourtinquiries@supreme.court.nl.ca.

2021 03 25 – Notice to the Profession and General Public – Upcoming Rule Amendments