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19 (1) After registration of a foreign order under section 18, the British Columbia court must send notice of the registration to

  • (a) the party required to pay support under the order, whether or not that party habitually resides in British Columbia, and
  • (b) every other party to the order who resides in British Columbia.
  • (2) A party to the foreign order may apply to the British Columbia court to set aside the registration
  • (a) within 30 days after receiving notice of the registration, and
  • (b) on giving notice of the application in accordance with the regulations.
  • (3) On an application under subsection (2), the British Columbia court may
  • (a) confirm the registration, or
  • (b) set aside the registration if the British Columbia court determines that
    • (i) a party to the foreign order did not have proper notice or a reasonable opportunity to be heard in the proceeding in which the foreign order was made,
    • (ii) the foreign order is contrary to the public policy of British Columbia, or
    • (iii) the court or administrative body that made the foreign order did not have jurisdiction to make the order.
  • (4) For the purpose of subsection (3)(b)(iii), the British Columbia court must consider the foreign court or administrative body to have had jurisdiction if the British Columbia court determines that
  • (a) both parties to the foreign order habitually resided in the reciprocating jurisdiction outside Canada, or
  • (b) a party did not habitually reside in the reciprocating jurisdiction outside Canada but was, under British Columbia’s conflict of law rules, subject to the jurisdiction of the foreign court or administrative body that made the foreign order.
  • (5) A British Columbia court that sets aside the registration under subsection (3) must record the reasons for its decision.
  • (6) The British Columbia court must give notice of its decision or order, and written reasons, if any, to the party that did not request the registration, and the designated authority.

2002-29-19, effective January 31, 2003 (B.C. Reg. 15/2003); 2012-11-23, effective October 12, 2012 (B.C. Reg. 303/2012).