On October 3, 2023, the government of British Columbia issued B.C. Reg. 213/2023 under the Attorney General Statutes (Hague Convention on Child and Family Support) Amendment Act, 2022, and the Interjurisdictional Support Orders Act. Effective March 1, 2024, The changes aim to improve the enforcement of child and spousal support obligations across jurisdictions, aligning with the international standards established by the Hague Convention.

The amendments will implement sections 1 to 4 and 6 to 12 of the 2022 Hague Convention Amendment Act, laying the groundwork for integrating international norms into British Columbia’s family law framework, particularly concerning support obligations. A new Schedule will be added to the Interjurisdictional Support Orders Act, addressing the applicability of the Hague Convention to certain child support obligations and spousal support claims. Notably, Canada may declare that the Convention applies to child support obligations for individuals aged 21 or older who cannot support themselves due to illness, disability, or educational commitments. This provision ensures that support obligations continue as children transition into adulthood, reflecting modern family dynamics and recognizing the challenges faced by vulnerable adults. Additionally, the Convention can be applied to spousal support claims, further expanding the legal framework to include financial responsibilities towards spouses in an international context.

The amendments also establish specific conditions for recognizing and enforcing support decisions from other jurisdictions in British Columbia. Mere habitual residence in the jurisdiction of origin will not suffice; clear agreements regarding jurisdiction will be necessary to ensure due process. Furthermore, a new provision mandates that applications for the recognition and enforcement of maintenance arrangements must go through the British Columbia central authority. This centralization aims to streamline processes and ensure compliance with the requirements of the Hague Convention.

Changes to the Interjurisdictional Support Orders Regulation include the designation of both the Supreme Court and Provincial Court as competent authorities under the Act, enabling them to manage all matters related to interjurisdictional support orders. The regulation will also clarify the roles of the Supreme and Provincial Courts and the director, delineating their responsibilities for administering applications and providing necessary documentation as per the Hague Convention. Moreover, abstracts of decisions can replace full texts if they meet specific criteria, simplifying the documentation process for cases involving foreign jurisdictions. New provisions will also allow certain orders and decisions from reciprocating jurisdictions to be treated as certification-exempt records, thereby reducing bureaucratic barriers for parties seeking enforcement of support obligations.

By aligning provincial law with the Hague Convention, these amendments aim to improve the welfare of individuals entitled to support, particularly vulnerable adults, while ensuring a fair and orderly process for enforcing such obligations.

British Columbia (213/2023) October 3, 2023