Fraser v. Canada (Attorney General), 2004 DTC 6279, 2004 FCA 128 -- summary under Provincial Law

By services, 28 November, 2015

Ss.1(2) and 12(1) of the Maintenance Enforcement Act (Alberta), which provided that a child maintenance agreement filed with the Alberta Director of Maintenance Enforcement which, in turn, was filed by the Director with the Court of Queen's Bench was deemed to be a judgement of the Court, had the effect of qualifying such an agreement as "an order made by a competent tribunal in accordance with the laws of a province" under para. (b) of the definition on "support amount" in s. 56.1(4). Sharlow J.A. noted (at p. 6281) that in the quoted wording Parliament had "indicated that the question of whether there is an order meeting that description is a matter of provincial law".

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