Support Enforcement Regulation

Support Enforcement Regulation, M.R. 51/2023 The Family Support Enforcement Act , C.C.S.M. c. F26 Regulation 51/2023 Registered May 26, 2023 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS 1 Definitions PART 2 REGISTRATION AND PAYMENTS 2 Time for providing registration documents 3 Acceptable manner of payment 4 Date payment received PART 3 SUPPORT DEDUCTION NOTICES 5 Responding to support deduction notice 6 Adjusting support deduction notice 7 Suspending support deduction notice 8 Reactivating suspended support deduction notice 9 Terminating support deduction notice 10 When adjusted or reactivated payments take effect 11 Court application re support deduction notice issues 12 Variation of exemption 13 Notice of hearing 14 Order 15 Appeal by support payor PART 4 ACTION BY DIRECTOR RE DRIVER AND VEHICLE LICENCE SUSPENSIONS 16 Definitions 17 Content of notice of default 18 Service of notice of default PART 5 ACTION BY DIRECTOR RE LOTTERY PRIZES 19 Statement of Manitoba claimant 20 Identifying information about Manitoba claimant 21 Manner of notification PART 6 PENALTIES AGAINST SUPPORT PAYOR 22 Definition 23 How penalties are assessed 24 Calculating penalties 25 When penalties are assessed 26 Exemptions from penalties 27 When director may cancel penalty PART 7 FEES CHARGEABLE TO SUPPORT PAYOR 28 Fees chargeable to support payor PART 8 SERVING AND GIVING DOCUMENTS 29 Application 30 Documents from director 31 Documents for director 32 Director's address, fax number, email address PART 9 REPEAL AND COMING INTO FORCE 33 Repeal 34 Coming into force PART 1 DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Family Support Enforcement Act . («  Loi  ») "registrar" means a registrar or deputy registrar appointed under The Court of King's Bench Act . (« registraire ») PART 2 REGISTRATION AND PAYMENTS Time for providing registration documents 2 For the purpose of subsection 11(1) of the Act, the period for filing completed registration documents with the director is within 42 days after the date of the director's request. Acceptable manner of payment 3 Despite the provisions of any applicable support order, each payment of support remitted by a support payor to the director must be made (a) in cash; (b) in one of the following forms, made payable to the Province of Manitoba — Minister of Finance or the Manitoba Maintenance Enforcement Program: (i) an electronic transfer of funds or a pre-authorized debit from a financial institution, (ii) a money order or a bank draft, (iii) a cheque issued by (A) a court, (B) an employer of the support payor, (C) a financial institution, or (D) an appropriate authority in another province, territory or reciprocating jurisdiction where the support order is registered for enforcement; or (c) in an approved manner if the director is satisfied that it is impracticable or impossible for the support payor to remit a payment in a form set out in clause (a) or (b). Date payment received 4 Despite the provisions of any applicable support order, the date the payment is recorded to the credit of the support payor at the director's office in Winnipeg is deemed to be the date the payment is received by the director. PART 3 SUPPORT DEDUCTION NOTICES RESPONDING TO SUPPORT DEDUCTION NOTICE Responding to support deduction notice 5(1) On being served with a support deduction notice, a SDN payor must provide the following information to the director using the response form provided by the director: (a) the relationship of the SDN payor to the support payor; (b) the support payor's date of birth, social insurance number and contact information, if known; (c) if the SDN payor is the support payor's employer, the particulars of the support payor's employment income, including (i) the support payor's gross pay, (ii) the support payor's net pay, (iii) the frequency of pay dates, and (iv) if requested by the director, a copy of the support payor's most recent wage statement; (d) if the SDN payor previously employed the support payor, the dates of the support payor's previous employment; (e) the particulars of any debt or other money owed to the support payor by the SDN payor, including the amount owing and the date the payment is due; (f) whether the money owed by the SDN payor is held by the support payor jointly with one or more persons; (g) whether the SDN payor owed money to the support payor in the past and the particulars of that debt, if applicable; (h) if the SDN payor will owe the support payor money in the future, the particulars of that debt; (i) the manner in which the SDN payor will remit any money required by the support deduction notice to the director; (j) any other information requested by the director. 5(2) Section 31 applies to the manner of filing the response form with the director. ADJUSTING, SUSPENDING, REACTIVATING AND TERMINATING A SUPPORT DEDUCTION NOTICE Adjusting support deduction notice 6 The director may adjust a support deduction notice if there has been a change to the amount required to be remitted by the SDN payor, including a change as a result of (a) the support payor entering into a payment plan respecting arrears that is satisfactory to the director; (b) the support payor satisfying all arrears of support; (c) an administrative suspension under section 19 of the Act that is conditional upon the payment of certain amounts; (d) a suspension order under section 23 of the Act that is conditional upon the payment of certain amounts; or (e) the accrual of penalties under section 37 of the Act or of fees under section 86 of the Act. Suspending support deduction notice 7 The director may suspend a support deduction notice if the director reasonably believes that enforcement of ongoing support and arrears of support is not required for a specified or determinable period of time. Reactivating suspended support deduction notice 8 The director may reactivate a support deduction notice that has been previously suspended if the director reasonably believes that enforcement of ongoing support and arrears of support is once again required. Terminating support deduction notice 9 The director may terminate a support deduction notice if the support deduction notice is no longer required, including when (a) the director is closing the file of the support recipient and support payor; or (b) arrangements satisfactory to the director have been made to satisfy the required payments with an alternate manner of payment. When adjusted or reactivated payments take effect 10 The adjustment or reactivation of a support deduction notice takes effect when the SDN payor is served with a written notice of the adjustment or reactivation and applies to each payment after that time that is attached by the support deduction notice. DETERMINING SDN INTERESTS OR ISSUES Court application re support deduction notice issues 11 An application under subsection 49(1) of the Act to determine an issue respecting a support deduction notice must be made by notice of motion and served on (a) the director; and (b) all other interested persons. EXEMPTIONS RE SUPPORT DEDUCTION NOTICES Variation of exemption 12 An application under subsection 50(3) of the Act must be accompanied by an affidavit setting out the facts and reasons for requesting an increase in the amount exempt from the support deduction notice. Notice of hearing 13(1) Within three days after the application under section 12 is filed, the registrar must (a) notify the director of the hearing date to consider the application; and (b) provide the director with a copy of the application. 13(2) A hearing date to consider the application under section 12 must not be more than seven days after the day the application was filed. Order 14 On hearing the application, the registrar may make an order (a) confirming the monthly exemption allowed under the Act; or (b) subject to the limitations under subsection 50(4), increasing or reducing the monthly exemption. Appeal by support payor 15 An appeal of a registrar's order under section 14 by a support payor must be made by notice of motion. At least three days before the date set for the hearing of the appeal, the support payor must serve the notice of motion on (a) the registrar; and (b) the director. PART 4 ACTION BY DIRECTOR RE DRIVER AND VEHICLE LICENCE SUSPENSIONS Definitions 16 The following definitions apply in this Part. "notice of default" means a notice under subsection 52(2) of the Act given by the director to a person in default. (« avis de défaut ») "person in default" means a support payor who is in default under a support order enforced under the Act. (« personne en défaut ») Content of notice of default 17 A notice of default must include, in addition to the matters specified in subsection 52(3) of the Act, (a) the name of the person in default; (b) a postal address, a telephone number and an e-mail address at which the director may be contacted by the person in default; and (c) a description of the action that will be taken under section 273.1 of The Highway Traffic Act without further notice to the person in default. Service of notice of default 18 A notice of default must be served on the support payor (a) personally; or (b) by registered or certified mail that is addressed to the support payor at their last known address as shown in the records maintained by the director, and when so mailed there is a rebuttable presumption that the notice was received by the support payor. PART 5 ACTION BY DIRECTOR RE LOTTERY PRIZES Statement of Manitoba claimant 19 For the purpose of section 63 of the Act, when a Manitoba claimant makes a claim for a lottery prize, the claimant must provide the lottery corporation with a signed statement, in a form acceptable to the lottery corporation, that indicates the claimant's name, address and date of birth and the names of any other claimants entitled to share the lottery prize. Identifying information about Manitoba claimant 20(1) For the purpose of subsections 63(1) and (2) of the Act, a Manitoba claimant must provide the lottery corporation with (a) one of the following documents, bearing a photograph and the signature of the claimant: (i) a valid passport, (ii) a valid photographic Manitoba driver's licence, (iii) a valid Canadian Forces identification card, (iv) a valid federal, provincial, territorial or municipal police force identification card, (v) a valid photographic identification card issued by a federal, provincial, territorial or municipal government, (vi) a valid status card issued to a person registered under the Indian Act (Canada); or (b) two of the following documents: (i) a birth certificate, (ii) citizenship, immigration or naturalization papers, (iii) an expired photographic Manitoba driver's licence, (iv) a photographic school identification card, (v) a marriage certificate, (vi) a valid driver's licence issued by a jurisdiction other than Manitoba. 20(2) If a Manitoba claimant is unable to provide the documents referred to in clause (1)⁠(a) or (b), the lottery corporation may accept other identifying information as may be satisfactory to the director. Manner of notification 21 For the purpose of subsection 63(4) of the Act, a notification by the lottery corporation to the director or by the director to the lottery corporation may be provided by (a) fax, with the date and time of transmission of the notification; or (b) any other method satisfactory to the director that provides confirmation of the date and time the notification was sent. PART 6 PENALTIES AGAINST SUPPORT PAYOR Definition 22 In this Part, "enforceable support obligation" means (a) any missed or late payments of ongoing support; (b) any missed or late instalment payment toward arrears of support when the payment has been set under a support order; and (c) the whole amount of the arrears of support when arrears of support have been set in a hearing under section 67 of the Act. How penalties are assessed 23 The penalty assessed under section 37 of the Act applies to the daily balance of any enforceable support obligation outstanding on or after April 1, 2012, whether the obligation arose before or after that date. Calculating penalties 24(1) The amount of the penalty must be determined by calculating simple interest at a rate of 18% per annum on the actual daily balance of the support payor's enforceable support obligation. 24(2) If the penalty assessed for a month is less than $0.01, a penalty must not be charged to the support payor. When penalties are assessed 25(1) A penalty under section 37 of the Act is to be assessed and charged to the support payor on the second Friday of each month based on the actual daily balances of the support payor's enforceable support obligation for each day in the immediately preceding month. 25(2) The director may assess and charge a penalty to the support payor on a date other than the date specified in subsection (1) if the director considers it appropriate to do so, including when (a) the support payor wants to pay the account in full on a particular date; or (b) an assessment of the penalty is required for a court proceeding. Exemptions from penalties 26(1) A penalty must not be assessed under section 37 of the Act (a) on an amount of support which is not an enforceable support obligation; (b) on a previously assessed penalty; (c) on fees which are payable to the director under section 86 of the Act; (d) if the director's enforcement action is taken on behalf of the estate of a support recipient; (e) if the support payor resides in another province, territory or reciprocating jurisdiction where the support order is registered for the purpose of enforcement; (f) on any amount payable under a support order before the pronouncement date of the order or, if the support order is an agreement filed with the director under section 9 of the Act or with the designated officer under section 53 of the former Act, the signing date of the agreement; (g) on arrears that have been registered for enforcement for 30 or fewer days; (h) if the support payor is complying with a payment plan under section 36 of the Act; or (i) if the support payor is complying with an order under clause 67(2)⁠(d) of the Act to make periodic payments on arrears fixed by a judge or associate judge under clause 67(2)⁠(b) of the Act. 26(2) The director is not required to assess a penalty under section 37 of the Act if (a) the support recipient resides in another province, territory or reciprocating jurisdiction where the support recipient has registered the support order for the purpose of enforcement; and (b) the enforcement agency in that province, territory or reciprocating jurisdiction is unable to accept or process payment of penalties. When director may cancel penalty 27 For the purpose of clause 39(1)⁠(b) of the Act, the director may cancel a penalty if the amount of the penalty owing is less than $100. PART 7 FEES CHARGEABLE TO SUPPORT PAYOR Fees chargeable to support payor 28 The director may charge the following fees to a support payor under subsection 86(1) of the Act: (a) taking proceedings to obtain a garnishing order under The Garnishment Act PART 8 SERVING AND GIVING DOCUMENTS Application 29 This Part applies to serving, giving or providing documents by or to the director unless the Act or this regulation specifies otherwise. Documents from director 30(1) Any document or notice to be served, given or provided by the director under the Act or this regulation may be served, given or provided (a) personally; (b) by registered or certified mail; (c) by ordinary first class mail; (d) by fax; (e) by courier if confirmation of delivery is provided; or (f) by e-mail if the person has authorized the director to communicate in this manner. 30(2) A document served, given or provided by the director under this section is to be served, given or provided at the last known address, fax number or e-mail address provided by the support payor, support recipient or other person. 30(3) If a document is served, given or provided by the director by mail under clause (1)⁠(c), it is deemed to be received on the fifth day after the day of mailing. 30(4) If a document is served, given or provided by the director by fax under clause (1)⁠(d) or by e-mail under clause 1(f), it is deemed to be received on the day on which it was sent, but if it is faxed or e-mailed after 5:00 p.m. or on a weekend or holiday, it is deemed to be received on the next business day after it was faxed or e-mailed. Documents for director 31(1) Any document or notice that is required to be served on, filed with or provided to the director by a support recipient, support payor, SDN payor or other person under the Act or this regulation must be (a) in writing; and (b) served on, filed with or provided to the director (i) personally, (ii) by registered or certified mail, (iii) by ordinary first class mail, (iv) by fax, (v) by courier if confirmation of delivery is provided, or (vi) by e-mail. 31(2) Subsections 30(3) and 30(4) apply, with necessary changes, when a document or notice is served on, filed with or provided to the director by mail, fax or e-mail. Director's address, fax number, email address 32 Any thing that is required by the Act or this regulation to be served on, filed with, given or provided to the director must be served, filed, given or provided to the director at the address, fax number or e-mail address listed on the website of the Manitoba Maintenance Enforcement Program. PART 9 REPEAL AND COMING INTO FORCE Repeal 33 The Maintenance Enforcement Regulation , Manitoba Regulation 142/2011, is repealed. Coming into force 34 This regulation comes into force on the same day that The Family Support Enforcement Act , S.M. 2022, c. 15, Schedule B, comes into force.