Variation or rescission of registered orders
7. (1) The provisions of this Act respecting the procedure for making provisional orders and confirmation orders apply with necessary modifications to a proceeding, except under subsection (5), for the variation or rescission of registered orders. Restricted jurisdiction (2) This section does not, (a) authorize a provincially appointed judge to vary or rescind a registered order made in Canada by a federally appointed judge; or (b) allow a registered order originally made under a federal enactment to be varied or rescinded except as authorized by federal enactment. Powers of provincially appointed judge (3) Despite subsection (2), a provincially appointed judge may make a provisional order to vary or rescind a registered order made in Canada under a provincial enactment by a federally appointed judge. Acceptance of jurisdiction (4) Subject to subsections (2) and (3), a registration court has jurisdiction to vary or rescind a registered order where both claimant and respondent accept its jurisdiction. Variation and rescission where respondent resides in Ontario (5) Where the respondent is ordinarily resident in Ontario, a registration court may, on application by the claimant, vary or rescind a registered order. Confirmation of provisional orders of variation and rescission (6) A registration court may make a confirmation order for the variation or rescission of a registered order where, (a) the respondent is ordinarily resident in Ontario; (b) the claimant is ordinarily resident in a reciprocating state; (c) a certified copy of a provisional order of variation or rescission made by a court in a reciprocating state is received by the registration court through the Attorney General; and (d) the respondent is given notice of the proceeding and an opportunity to appear. Application by respondent residing in Ontario (7) A registration court may, on application by the respondent, make a provisional order varying or rescinding a registered order where, (a) the respondent is ordinarily resident in Ontario; and (b) the claimant is ordinarily resident in the reciprocating state in which the order was first made, and section 3 applies with necessary modifications to the proceeding. Idem (8) A registration court may, on application by the respondent, vary or rescind a registered order where, (a) the respondent is ordinarily resident in Ontario; (b) the claimant is ordinarily resident in a reciprocating state other than the state in which the order was first made; and (c) the registration court, in the course of the proceeding, remits the matter to the court nearest to the place where the claimant lives or works for the purpose of obtaining evidence on behalf of the claimant, or where, (d) the respondent is ordinarily resident in Ontario; (e) the claimant is not ordinarily resident in a reciprocating state; and (f) the claimant is given notice of the proceeding. Application by claimant resident in Ontario (9) Where a claimant ordinarily resident in Ontario applies for a variation or rescission of a final order and the respondent is apparently ordinarily resident in a reciprocating state, the court may make a provisional order of variation or rescission and section 3 applies with necessary modifications to the proceeding. R.S.O. 1990, c.R.7, s.7.