Maintenance Enforcement Regulation

(Consolidated up to 157/2019) ALBERTA REGULATION 2/86 Maintenance Enforcement Act MAINTENANCE ENFORCEMENT REGULATION Table of Contents 1 Definitions 2 Information from creditor 2.1 Information, authorizations from creditor 2.2 Information release 4 Condition of refiling 5 Service of documents 6 Records 9 Alternate business premises 10 Address for service 11 Variation of maintenance order 12 Support deduction notice 13 Support deduction notice – restriction on remuneration from employment 15 Statement 16 Termination of support deduction notice 17 Reduction in payment 18 Jointly owed money 20 Non‑Alberta order 21 Notice of licence suspension 22 Agreements 23 Definitions 24 Deterrent charges 25 Service fees Schedule Definitions 1 In this Regulation, (a) “Act” means the Maintenance Enforcement Act ; (a.1), (b) repealed AR 194/2004 s2; (b.1) “remuneration for employment” includes (i) salary, wages, allowances, commissions, bonuses, incentives, holiday pay and vacation pay, and (ii) income that, in the opinion of the Director, (A) replaces remuneration from employment, and (B) is appropriate in the circumstances to treat as remuneration from employment, but does not include termination or severance pay; (c) “support deduction notice” means a support deduction notice issued under section 17 of the Act. (d) repealed AR 241/2008 s2. AR 2/86 s1;29/2000;251/2001;194/2004;241/2008 Information from creditor 2 (1) The creditor under a maintenance order shall provide the Director with the information that, in the opinion of the Director, is required for the Director to enforce payment under the order. (2) If a creditor files a maintenance order under section 6 of the Act or refiles a maintenance order under section 9(2) of the Act, the creditor shall, when required by the Director, file with the Director an affidavit respecting the arrears owed by the debtor that have accrued on and after July 1, 1984. (a), (b) repealed AR 348/94 s2. (3) If a creditor receives a payment of any sum of money from the debtor in respect of a maintenance order after the date of the affidavit filed under subsection (2) or after the date the order is filed under section 7(1) of the Act, the creditor shall report the payment to the Director within 7 days. (4) A report by a creditor under subsection (3) must be made by using any of the automated telephone or internet reporting features that may be provided by the Director for that purpose from time to time. AR 2/86 s2;348/94;251/2001;194/2004;241/2008 Information, authorizations from creditor 2.1 (1) A creditor must provide the Director with the information and authorization required to enable the Director to make direct deposits of maintenance payments into the creditor’s bank, credit union, trust corporation or treasury branch account. (2) A debtor who registers with the Director must provide the Director with the information and authorization required to enable the Director to make direct withdrawals of maintenance payments from the debtor’s bank, credit union, trust corporation or treasury branch account. AR 71/95 s2;29/2000 Information release 2.2 (1) The Director may provide information under section 15(3)(e) of the Act to (a) the creditor and the creditor’s legal counsel, (b) the debtor and the debtor’s legal counsel, (c) a member of the Legislative Assembly who has been requested by a debtor, creditor or other interested individual to assist in resolving a problem and the information is relevant to the problem, (d) repealed AR 90/2000 s2, (e) a reciprocating jurisdiction, as defined in the Interjurisdictional Support Orders Act , and (f) a Government employee for the purposes of (i) determining a creditor’s or debtor’s suitability for a Government program or benefit, (ii) investigating fraud, (iii) determining whether a repayment is required under Part 6 of the Income and Employment Supports Act , or (iv) preparing or making an application or agreement under the Parentage and Maintenance Act , Domestic Relations Act , Family Law Act, Child, Youth and Family Enhancement Act or Part 5 of the Income and Employment Supports Act ; (g) the Ethics Commissioner for the purposes of carrying out his or her duties and functions under the Conflicts of Interest Act . (2) The information that the Director may provide under section 15 of the Act to a creditor, creditor’s legal counsel and member of the Legislative Assembly with respect to the debtor or a creditor is the following: (a) the amount of the debt under a maintenance order and when the debt arose; (b) whether any payments on the debt under the maintenance order have been made and whether the payments, if any, were voluntary; (c) whether the Director has attempted to enforce the maintenance order and, if so, how; (d) whether any of the maintenance or arrears are subrogated to the Crown or whether the Crown is entitled to receive any of the maintenance or arrears and, if so, the amount, the periods of time when it was subrogated to the Crown or the Crown was entitled to it, and any related information (3) Repealed AR 90/2000 s2. (4) The information that the Director may provide under section 15 of the Act to a reciprocating state, as defined in the Interjurisdictional Support Orders Act , and to a Government employee for a purpose described in subsection (1)(f) is the following: (a) the information described in subsection (2); (b) the residential address, work address, residential telephone number, work telephone number, cell phone number, e‑mail address and birth date of the debtor or creditor; (c) the name of the employer and type of employment, job title, hours of work and remuneration information of the debtor or creditor; (d) any other information that, in the opinion of the Director, is appropriate to disclose. (5) The information that the Director may provide under section 15 of the Act to the debtor or the debtor’s legal counsel is whether any of the maintenance or arrears are subrogated to the Crown or whether the Crown is entitled to receive any of the maintenance or arrears and, if so, the amount, the periods of time when it was subrogated to the Crown or the Crown was entitled to it, and any related information. AR 29/2000 s4;90/2000;251/2001;4/2003;194/2004;8/2005;212/2005 3 Repealed AR 194/2004 s5. Condition of refiling 4 The Director may require, as a condition of the refiling with him of a maintenance order, that the order remain filed for a period of not more than 3 years from the date of the refiling unless the Director consents to its earlier withdrawal. AR 2/86 s4 Service of documents 5 (1) Notice required to be served under the Act or this Regulation that is not otherwise provided for shall be served in accordance with the provisions of the Alberta Rules of Court (AR 124/2010) respecting service of documents, other than commencement documents, in Alberta. (2) In addition to the methods of service referred to in subsection (1), the following documents may be sent by recorded mail as defined in the Alberta Rules of Court (AR 124/2010) or by ordinary mail: (a) notice under section 10.1(2)(b) of the Act; (b) a request for information by the Director under section 13(2) of the Act; (c) notice of the Director’s request for a statement of finances. (3) Notwithstanding subsection (1), notice under section 24(1)(b) and section 25(1) of the Act shall be served in accordance with the provisions of the Alberta Rules of Court (AR 124/2010) respecting service of commencement documents in Alberta. (4) If a debtor or a creditor has updated the debtor’s or creditor’s address with the Director, that address is an address for service for the purposes of the Alberta Rules of Court (AR 124/2010). (5) Notice is deemed to be sufficient if the person served acknowledges receipt of the notice, even if the notice was not served in accordance with this section. (6) Despite a court order described in section 44 of the Act, the Director shall not serve a document under that section on a debtor or creditor named in the court order as the party to be substitutionally served by service on the Director unless (a) the Director has been provided with 2 filed copies of an order described in section 44 of the Act and 2 copies of each document to be served on the party, (b) the person who wishes the Director to serve the document on the party submits to the Director a completed request for service in the form prescribed by the Director, (c) the Director has an address for service for the party to be served, and (d) the fee for service has been paid. (7) Despite subsection (6), the Director shall not serve a document under section 44 of the Act if the Director does not have an address for the intended recipient of the document. (8) Service by the Director under subsection (6) must be service at the last known address of the intended recipient of the document. AR 2/86 s5;348/94;29/2000;251/2001;32/2004;194/2004;8/2005; 241/2008;164/2010;157/2019 Records 6 The Director shall keep records of all money received by him and of all payments made by him to creditors. AR 2/86 s6 7 Repealed AR 157/2019 s3. 8 Repealed AR 194/2004 s8. Alternate business premises 9 If the person served with a support deduction notice has more than 1 place of business and it appears that the money bound by the notice is or may be payable through some place of business other than that at which the notice is served, the person in charge of the place of business at which the notice is served shall forthwith notify the person in charge of the place of business at which the money is or may be payable and that money is bound and the notice is conclusively deemed to be served as of the time it is actually received at the place of business through which the money is payable or within 48 hours after the actual service of the continuing attachment, whichever is the shorter period. AR 2/86 s9;194/2004 Address for service 10 (1) A person required to pay under a support deduction notice shall provide the Director with an address for service and fax number, if any, and shall inform the Director forthwith of any change in the address and fax number. (1.1) A person who is replying to a support deduction notice must include the name of the debtor and the maintenance enforcement program file number. (2) A person required to pay under a support deduction notice shall notify the Director of (a) the termination of the employment or other relationship of the debtor with that person forthwith after its termination, and (b) the re‑establishment of the employment or other relationship of the debtor with that person forthwith after its re‑establishment. AR 2/86 s10;29/2000;194/2004 Variation of maintenance order 11 If a support deduction notice has been issued in respect of a maintenance order and a court (a) varies the amount of maintenance payable under the maintenance order, (b) makes a determination in respect of any arrears owing under the maintenance order, (c) suspends the support deduction notice, or (d) increases or decreases the restriction under section 13, the Director shall notify the person required to pay under the support deduction notice by mail or telecopier of the change, if any, required to be made in the payments under the support deduction notice forthwith on being served with a copy of the order by the debtor or the creditor. AR 2/86 s11;29/2000;194/2004;241/2008 Support deduction notice 12 (1) The person required to pay under a support deduction notice shall file an answer with the Director not more than 15 days after the person is served with the notice if he (a) is not required to make a payment under the notice within 15 days after the date on which he is served, or (b) disputes or denies his indebtedness to the debtor. (2) No support deduction notice shall be set aside for irregularity unless there has been substantial non‑compliance with this Regulation. (3) Repealed AR 194/2004 s10. AR 2/86 s12;194/2004 Support deduction notice – restriction on remuneration from employment 13 (1) Subject to an order obtained under section 17(4) of the Act, a support deduction notice with respect to remuneration from employment may not require payment to the Director of more than 40% of the gross amount of remuneration per month without the debtor’s consent. (2) If the Director makes an application under section 17(4) of the Act, notice of the application must also be served on the creditor. AR 2/86 s13;194/2004;241/2008 14 Repealed AR 194/2004 s11. Statement 15 (1) The person required to pay under a support deduction notice shall provide the Director at his request with a statement setting out (a) the period with respect to which any remuneration from employment or other remuneration is owing or payable by that person to the debtor, (b) how the amount payable under the support deduction notice was calculated, and (c) any payments made by that person to the debtor. (2) A person required to file an answer under section 12 shall provide the Director at his request with a statement setting out (a) the particulars of his indebtedness to the debtor, or (b) the grounds on which he disputes or denies his indebtedness to the debtor. AR 2/86 s15;194/2004;241/2008 Termination of support deduction notice 16 (1) A support deduction notice shall not remain in effect for more than 12 years from the date on which it is issued. (2) The Director may terminate the effect of a support deduction notice by serving notice of the termination on the person required to pay under the support deduction notice. (3) Notwithstanding this section and section 17, the Director may issue a further support deduction notice under section 17 of the Act with respect to the same debtor and person required to pay under the notice as if no other notice had been issued. (4) If a maintenance order is withdrawn from the office of the Director, the Director shall terminate the effect of any support deduction notice in respect of that maintenance order. (5) Repealed AR 194/2004 s12. (6) The Director shall terminate the effect of a support deduction notice if all arrears, interest, costs and payments under the maintenance order have been paid and no further payments are payable under the maintenance order. AR 2/86 s16;348/94;29/2000;251/2001;194/2004 Reduction in payment 17 (1) Repealed AR 348/94 s5. (2) If the Director has received sufficient money to discharge all arrears payable by the debtor under the maintenance order and only ongoing periodic payments remain outstanding, the Director shall adjust the amount of the payment under the support deduction notice for a period to the amount of the payment required to be paid under the maintenance order for that period by serving notice of the adjustment on the person required to pay under the support deduction notice. AR 2/86 s17;348/94;194/2004 Jointly owed money 18 (1) If a person is required, under a support deduction notice, to pay money that is owed jointly, the person shall notify those to whom the money is owed as soon as possible. (2) A notice of attachment referred to in subsection (1) attaches to the debtor’s portion of money owed jointly when the notice is received, and to the debtor’s portion of any money owed jointly that is received by the person after the notice has been received. (3) The debtor’s portion of jointly owed money is the portion deemed to be owed by the debtor pursuant to section 17(3) of the Act or the portion determined by the Court under section 17(4) of the Act. (4) An application under section 17(4) of the Act must be filed and served within 14 days of the date the support deduction notice was served on the person required to pay under the support deduction notice. AR 348/94 s6;251/2001;194/2004;164/2010 19 Repealed AR 194/2004 s14. Non-Alberta order 20 The documents that the Director may serve under section 18(1) of the Act are those that meet the requirements of section 18(1)(a) and (b) of the Act and are issued by an official of a reciprocating state, as defined in the Interjurisdictional Support Orders Act that is a province or territory of Canada, whose power, duties and function are similar to those of a Director under this Act. AR 29/2000 s12;251/2001;194/2004 Notice of licence suspension 21 (1) Subject to subsection (2), the Director must serve notice on a debtor at least 21 days before giving notice to the Registrar under section 22(3) of the Act to suspend any operator’s licence issued to the debtor. (2) The Director may serve notice on a debtor (a) who is in default under an order made under section 30 of the Act, or (b) who is in default for 60 days or longer in paying maintenance under a maintenance order other than an order under section 30 of the Act. (3) A notice under subsection (2) may be served by the Director on a debtor (a) by ordinary mail at the debtor’s last known address, or (b) by telecopier at the debtor’s last known fax number. (4) A notice by the Director to the Registrar under section 22 of the Act may be given by any means agreed to by the Director and the Registrar. AR 29/2000 s12;251/2001;324/2009 Agreements 22 (1) The day specified for the purposes of section 10.1(8) of the Act is March 1, 2004. (2) If an agreement contains terms and conditions in addition to those provided for in the form prescribed by the Director, that form may not be filed pursuant to section 10.1 of the Act. AR 32/2004 s4;241/2008;157/2019 Definitions 23 (1) For the purposes of section 12 of the Act, “funds” are defined as (a) a payment, except for a payment on behalf of a minor, by the Administrator of the Motor Vehicle Accident Claims Act pursuant to a judgment under that Act, (b) a prize of $1001 or more that is payable to an individual claimant pursuant to a single winning ticket in a lottery scheme that is conducted and managed by the Western Canada Lottery Corporation or any successor of the Western Canada Lottery Corporation, if the prize is claimed directly from the Western Canada Lottery Corporation or its successor, and (c) funds locked into a retirement savings vehicle as defined in section 17.1 of the Act if (i) the funds are the subject of a financial hardship application to the Superintendent of Pensions, and (ii) the applicant has disclosed in the application that (A) he or she is a maintenance debtor, or (B) the reason for the financial hardship application is that the funds are needed to pay maintenance. (2) The Western Canada Lottery Corporation, and any successor of the Western Canada Lottery Corporation, is designated as an entity under section 12(3) of the Act. (3) The Western Canada Lottery Corporation, and any successor of the Western Canada Lottery Corporation, is required to provide the Director with information and to hold funds in accordance with the Act, this Regulation and any agreement that may be entered into by the Western Canada Lottery Corporation or its successor and the Director when it receives a claim for funds from an individual claimant as described in subsection (1)(b). (4) The information required to be provided to the Director under section 12(3)(a) and (b)(i) and (ii) of the Act includes (a) the name of the individual to whom or on whose behalf a payout of funds is to be made, including any variations of the name that have been provided by the individual to the Crown, Provincial agency or statutory agent responsible for authorizing the payout, (b) the name of an agent or legal counsel acting for the individual, if any, (c) if an individual has filed a financial hardship application that meets the criteria set out in subsection (1)(c), (i) the name, date of birth, mailing address, phone number, telecopier number, e‑mail address and principal residence address of the individual, if available, and (ii) the account number of the retirement savings vehicle and the name, address and telecopier number of the financial institution that administers it, and (d) all available information related to the identity of the individual that is shown on a record in the possession or control of the Crown, the Provincial agency or statutory agent. (5) The information required to be provided to the Director under section 12(3)(b)(iii) of the Act includes (a) the information referred to in subsection (3)(a) and (b) that has been provided by or on behalf of the individual to the entity responsible for authorizing the payout, and (b) all available information related to the identity of the individual that is shown on a record in the possession or control of the entity responsible for authorizing the payout. AR 194/2004 s16 Deterrent charges 24 The deterrent charges payable under the Act and this Regulation are as follows: (a) for failing to pay maintenance in accordance with section 25.1(1)(a) of the Act, $40 per month; (b) for failing to file a statement of finances in accordance with section 25.1(1)(b) of the Act, $205; (c) for each dishonoured or stopped payment under section 25.1(1)(c) of the Act, $51.50; (d) for each payment accepted by a creditor and not reported in accordance with section 2(3) of this Regulation, $51.50. AR 194/2004 s17;241/2008;112/2017 Service fees 25 (1) A debtor or creditor who (a) withdraws a maintenance order that has been filed with the Director and who subsequently refiles the order, or (b) requests that the Director reopen a file that has been closed by the Director because the debtor or creditor has failed to provide information required under the Act or this Regulation, shall be charged a service fee of $205 each time the order is refiled or the file is reopened. (2) A person who serves a party with documents by substitutional service on the Director will be charged a service fee of $51.50 for each request for service. (3) If interest has been collected by the Director on arrears outstanding under a maintenance order, the Director shall retain 20% of the interest collected as a service fee. AR 194/2004 s17;112/2017 26 Repealed AR 235/2018 s2. Schedule Repealed AR 157/2019 s5.