Glossary of Canadian Reciprocal and Support Enforcement Terms

This glossary provides an extended definition of some of the most commonly used words and phrases found in Canadian support enforcement and reciprocal support laws.  Quotation marks indicate a term defined within the glossary.

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".