SNL2006 CHAPTER S-31.1 - SUPPORT ORDERS ENFORCEMENT ACT, 2006

SNL2006 CHAPTER S-31.1 SUPPORT ORDERS ENFORCEMENT ACT, 2006 Amended: 2006 c40 s19; 2008 c6; 2009 c16 s9; 2009 cR-15.01 s125; 2011 c15; 2012 c11 s26; 2013 c16 s25 CHAPTER S-31.1 AN ACT RESPECTING THE ENFORCEMENT OF SUPPORT ORDERS (Assented to May 26, 2006 ) Analysis 1. Short title PART I INTERPRETATION 2. Interpretation 3. Labrador Inuit rights PART II DIRECTOR TO ENFORCE SUPPORT ORDERS 4. Director of Support Enforcement 5. Order registered 6. Effect of registration 7. Withdrawal of registration 8. Withdrawal of support order 9. Director to pay money to creditor 10. Subrogation of rights 11. Access by director to information 12. Confidentiality 13. Consumer reporting agencies 14. Stay of enforcement PART III ENFORCEMENT 15. Notice of garnishment 16. Extra-provincial notice 17. Notification of garnishee 18. Effect of notice 19. Garnishment of money owing by Crown 20. Employee protection 21. Dispute of garnishment 22. Default of payment by garnishee 23. Enforcement against Crown 24. Withdrawal of garnishment 25. Dispute by debtor 26. Exemption from garnishment 27. Prohibition re: fees 28. Joint or joint and several accounts 29. Payment of money received 30. Priority of garnishment 31. Attachment of certain benefits 32. Statement of finances required by director 33. Summons 34. Default hearing 35. Warrant for arrest 36. Court order 37. Realizing on security 38. Evasion of debtor PART IV OTHER ENFORCEMENT MECHANISMS 39. Pension entitlement attachment 40. Pension entitlement may be attached 41. Notice of the director's intention 42. Restrictions 43. Court application 44. Attachment of pension entitlement 45. Registered plan attachment 46. Registered plan may be attached 47. Notice of the director's intention 48. Restrictions 49. Court application 50. Attachment of registered plan 51. Corporation with debtor as sole shareholder 52. Corporation controlled 53. Suspension of driving privileges 54. Big game licences 55. Further default 56. Garnishment of lottery prizes PART V GENERAL 57. Application of payments 58. Fee charged by director 59. Service 60. Presumption of debtor's ability to pay 61. Signature of director as evidence 62. Application to vary support order 63. Proof of default 64. Capacity of minor 65. No limitation period 66. Debt no defence 67. Debt of estate 68. Relief of obligation to pay 69. Communications not privileged 70. Witnesses 71. Enforcement proceedings 72. No liability 73. Provision not enforceable 74. Rights under Act 75. Right of appeal 76. Fees and Forms 77. Regulations 78. Offence 79. Transitional 80. SNL2000 cE-11.1 Amdt. 81. RSNL1990 cF-2 Amdt. 82. RSNL1990 cH-3 Amdt. 83. SNL2002 cI-0.1 Amdt. 84. SNL2002 cI-19.2 Amdt. 85. SNL1996 cJ-1.1 Amdt. 86. RSNL1990 cW-8 Amdt. 86.1 RSNL1990 cS-31 Rep. 87. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Support Orders Enforcement Act, 2006 . 2006 cS-31.1 s1 PART I INTERPRETATION Back to Top Interpretation 2. (1) In this Act (a) "court" means the Trial Division or the Provincial Court ; (b) "creditor" means (i) a person entitled under a support order to receive money for support on his or her own behalf or on behalf of another person, or (ii) the minister responsible for the Income and Employment Support Act where a subrogation exists under section 10 to the extent of the subrogation; (c) "Crown" includes a Crown corporation and a department, agency, board or other body of the government of the province; (d) "debtor" means a person required under a support order to pay money for support; (e) "director" means the Director of Support Enforcement appointed under section 4; (f) "garnishee" means a person who is alleged to be indebted to the debtor and to whom the director issues a notice of garnishment; (g) "minister", unless the context indicates otherwise, means the minister appointed under the Executive Council Act to administer this Act; (h) "notice of garnishment" means a notice of garnishment as described in section 15; (i) "notify" means to provide by ordinary mail or facsimile transmission; (j) "persistent arrears" means arrears in any amount where the arrears are due to the failure to make, in full, the number of payments under a support order prescribed by the regulations or accumulated arrears in an amount prescribed by the regulations; (k) "support" means support, maintenance or alimony and includes (i) an amount payable periodically, whether yearly or otherwise and whether for an indefinite or limited period or until the happening of a specified event, (ii) a lump sum, including instalment payments of a lump sum, (iii) expenses in respect of prenatal care and the birth of a child, (iv) a charge on property or otherwise as security for the payment of support, or (v) interest or the payment of legal fees, costs or other expenses arising in relation to support; and (l) "support order" means a provision in an order of a court in or outside the province enforceable in the province for the payment of money as support, and includes a provision for (i) a specified property to be transferred to or in trust for or vested in a party, whether absolutely, for life or for a term of years, (ii) all or some of the money payable under the order to be paid into court or to another appropriate person or agency for the benefit of a party, (iii) payment of support or support in respect of a period before the date of the order, (iv) payment to the minister responsible for the Income and Employment Support Act of an amount in reimbursement for a benefit or assistance provided to a party, including an amount in reimbursement for a benefit or assistance provided before the date of the order, (v) the irrevocable designation by a spouse who has a policy of life insurance or an interest in a benefit plan of the other spouse or a child as the beneficiary, (vi) an order confirming the payment of support, (vii) payment of expenses in respect of the prenatal care and birth of a child, (viii) the securing of payment under the order, by a charge on property or otherwise, or (ix) the payment of legal fees or costs or other expenses arising in relation to support, and also includes a provision in a domestic contract that is enforceable under the law of the province and an order for support under provincial law and the Divorce Act ( Canada ). (2) Notwithstanding the definition of court in subsection (1), in the judicial area referred to in section 43.5 of the Judicature Act , "court" means the Trial Division - Family Division. (3) Anything required by this Act to be signed or done by a person, or referred to in this Act as signed or done by a person, may be signed or done by a lawyer acting on the person's behalf. (4) This Act binds the Crown. 2006 cS-31.1 s2 ; 2009 c16 s9 Back to Top Labrador Inuit rights 3. This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act. 2006 cS-31.1 s3 PART II DIRECTOR TO ENFORCE SUPPORT ORDERS Back to Top Director of Support Enforcement 4. (1) There shall be employed in the manner provided by law a Director of Support Enforcement who shall administer and enforce this Act under the control and direction of the minister. (2) It is the duty of the director to enforce support orders that are registered with the director in the manner that appears practicable and the director may, for that purpose, begin, continue and conduct a proceeding and take steps for the enforcement of an order in the name of the director for the benefit of a creditor, or of a creditor's child. (3) An employee of the Department of Justice who has been designated for the purpose may act for and in the name of the director and may, on behalf of the director, appear in the Provincial Court . (4) The director may refuse to enforce more than 3 years of the arrears of support payable under a support order. (5) The period of 3 years referred to in subsection (4) begins 3 years before the date on which the order was registered with the director. (6) Money paid to the director in respect of a support order is not attachable under another Act. (7) The director appointed under this section may (a) for the purpose of determining initial or ongoing ability to comply with a support order, conduct interviews with a debtor; or (b) initiate enforcement activities based upon the poor payment history of the debtor. 2006 cS-31.1 s4 Back to Top Order registered 5. (1) A support order may be registered with the director by a creditor or debtor in the manner prescribed by the regulations. (2) A support order may be registered with the director by the minister responsible for the Income and Employment Support Act . (3) A person other than the director shall not take proceedings to enforce a support order during the time it is registered with the director. (4) Nothing in this Act prohibits the director or a creditor from taking proceedings under another Act to enforce a support order. (5) A support order made by a court in the province other than a provisional order shall (a) state in the operative part of the order that it shall be enforced by the director and amounts owing under the order shall be paid to the person to whom they are owed through the director unless the order is withdrawn from the director; (b) be registered with the director by the issuing court immediately after it is made or issued; and (c) shall be accompanied by an application for registration as prescribed by the minister. (6) A creditor may file with the court and the director a notice that he or she does not wish to have a support order enforced by the director, and where a creditor files that notice, the creditor may, without the benefit of the director, pursue enforcement of the support order under the Judgment Enforcement Act or other applicable statute. (7) Where a support order is made by the Provincial Court, the director may file the support order with the Trial Division, and on being filed, the parts of the support order that relate to support are considered to be a judgment of the Trial Division. (8) A support order made by a court outside the province that is received by the Attorney General or a court for enforcement in the province shall be registered with the director immediately after it is received unless the order is accompanied by a written notice signed by the person seeking to enforce the order stating that he or she does not wish to have the order enforced by the director. (9) Where a support order is indexed to the cost of living, notwithstanding the terms of the order, the director may apply the formula under subsections 40(8) and (9) of the Family Law Act . 2006 cS-31.1 s5 ; 2013 c16 s25 Back to Top Effect of registration 6. (1) Where a support order is registered with the director under this Act (a) the director shall take steps that he or she considers necessary to enforce the support order; (b) only the director may, on behalf of a creditor, begin, continue or discontinue proceedings to enforce a support order; (c) the director may sign all documents with respect to the enforcement of a support order; (d) subject to subsections 4(4) and (5), the director may enforce arrears under a support order notwithstanding that the arrears accrued before the date that the order was registered with the director; and (e) for the purpose of this Act, the director stands in the place of the creditor. (2) Only that part of a support order that relates to the payment or security of payment of support shall be enforced under this Act. (3) Where the conditions set out in subsection (4) are satisfied with respect to a support order and the parties to the support order agree, the director may exercise discretion to enforce a lesser amount of support in accordance with the table set out in the applicable child support guidelines. (4) The conditions referred to in subsection (3) are: (a) the support order was made in accordance with the table set out in the applicable child support guidelines; (b) it has been agreed by the parties that the support obligation under the order has terminated with respect to a child; (c) the support obligation under the order still continues with respect to another child; and (d) the order states (i) the number of children, and (ii) the total amount of support determined in accordance with the table. 2006 cS-31.1 s6 Back to Top Withdrawal of registration 7. (1) A support order registered with the director may be withdrawn by a notice in the form prescribed by the minister signed by the person by or on whose behalf it was registered. (2) The director may permit a creditor or debtor to re-register a support order that has been withdrawn. (3) The director shall give notice of the registration or withdrawal of a support order to the parties to it. (4) Where a person who is entitled to support under a support order has applied and is eligible for, or has received, a benefit under the Income and Employment Support Act , the minister responsible for that Act may register the order with the director whether or not a notice referred to in subsection 5(6) or (8) has been given, and the order shall not be withdrawn except by, or with the written consent of, that minister. (5) Notice under this section may be effected by ordinary mail or by facsimile transmission. (6) The validity of proceedings under this Act is not affected by the inability of the director, after reasonable effort, to give notice to a party under subsection (3). 2006 cS-31.1 s7 Back to Top Withdrawal of support order 8. The director may withdraw a support order registered with the director (a) where it appears to the director that the creditor is taking steps to enforce the support order, 14 days after the director mails to the creditor a written notice sent by ordinary mail that he or she will withdraw the support order; (b) on the application of the creditor, except where the support order was registered by the debtor or the minister responsible for the Income and Employment Support Act where subrogation exists under section 10; (c) on the application of the debtor, except where the support order was registered by the creditor; (d) where, in the opinion of the director, the amount of support is a nominal amount as prescribed by the regulations; (e) where the creditor wilfully fails to or refuses to provide information to the director that the director requires to enforce the support order; (f) where the amount of support cannot be determined; (g) where the creditor cannot be located after reasonable efforts to do so have been made; (h) where the debtor is in prison; (i) where the debtor is receiving income support; (j) where, before the coming into force of this Act, enforcement of a support order has been stayed by a court for an unspecified time period; (k) where there is doubt or ambiguity on the part of the director concerning the force, effect or meaning of the support order; (l) where the creditor accepts payments directly from the debtor in relation to the support order; or (m) where the director is satisfied that the creditor and the debtor no longer reside in the jurisdiction. 2006 cS-31.1 s8 ; 2011 c15 s1 Back to Top Director to pay money to creditor 9. (1) The director shall pay to the creditor the money he or she receives in respect of a registered support order to the extent of the entitlement of the creditor under that support order. (2) Notwithstanding subsection (1), where the director receives money in excess of the amount required to be paid to the creditor in a payment under the support order, the director may hold that money in trust for application to the creditor's future entitlement under a support order. (3) The director shall keep a record using accepted accounting and auditing standards, of money received and paid out by him or her and the person to whom and by whom the money has been paid and any money held in trust by the director in anticipation of a creditor's future entitlement under a support order. (4) Where a creditor's entitlement under a support order has been satisfied and the director holds excess money in trust under subsection (2), the director shall return the excess money to the debtor or where, after reasonable attempts by the director the debtor cannot be located, into the Consolidated Revenue Fund. (5) The director shall report his or her activities under this Act annually to the minister, and the report shall include (a) a record of the number of orders registered for enforcement; and (b) an accounting of the receipts and disbursements of money during the year, including any money held in trust by the director in anticipation of payout for future support payments. (6) The director may, on the request of the creditor or debtor, provide an itemized statement showing the current status of the account under a support order registered with the director. (7) The director shall, on the request of the proper officer of a reciprocating jurisdiction or a court of a reciprocating jurisdiction under the Interjurisdictional Support Orders Act , provide a sworn or affirmed itemized statement with respect to a support order, showing (a) the amounts that have become due by the debtor; and (b) the payments made by the director by or on behalf of the debtor. 2006 cS-31.1 s9 Back to Top Subrogation of rights 10. (1) Where a person is in receipt of benefits under the Income and Employment Support Act , the following rights of that person with respect to a support order may, with that persons consent, be subrogated to the Crown as represented by the minister responsible for the Income and Employment Support Act : (a) the right to apply for a support order or a provisional order; (b) the right to receive payments under a support order; (c) the right to apply for variation of a support order; and (d) the right to bring proceedings to enforce a support order. (2) An official of the Department of Human Resources, Labour and Employment may appear in the Provincial Court on behalf of the minister responsible for the Income and Employment Support Act or as agent for a person making a support application where that person is in receipt of benefits under the Income and Employment Support Act . (3) Where a person is in receipt of benefits under the Income and Employment Support Act , that person's lawyer is authorized to provide information to the minister responsible for that Act about the person's case to the extent only that it proves necessary for the administration of that Act. (4) A subrogation under subsection (1) of the rights of a person who is in receipt of income and employment support exists for the period of time that the person is receiving income and employment support. (5) Where there is subrogation under subsection (1), the minister responsible for the Income and Employment Support Act may, notwithstanding the death of the person in whose favour a support order is made, begin or continue a proceeding under section 67 or 68. 2006 cS-31.1 s10 Back to Top Access by director to information 11. (1) The director may, for the purpose of enforcing a support order that is registered with the director, demand and receive from a person, corporation or public body, including the Crown, information within the knowledge of or shown on a record in the possession or control of the person, corporation or public body relating to the debtor or a person referenced in section 38.1 of the Interjurisdictional Support Orders Act with respect to whom a request to locate has been made, including (a) wages, salary or other income; (b) income sources; (c) location of income sources; (d) assets and liabilities; (e) location of assets, including account numbers with financial institutions; (f) financial status; (g) copies of income tax returns; (h) social insurance number; (i) location, address and place of employment; (j) location, address and place of residence; (k) telephone and facsimile number; and (l) any other information that the director considers necessary for the enforcement of the support order. (2) Information required to be disclosed under subsection (1) shall be provided within 14 days of the demand for information being made. (3) Notwithstanding another Act or law restricting the disclosure of information, a person, corporation or public body, including the Crown, that receives a demand under subsection (1) shall provide the demanded information that is contained in its records. (4) Where, on application to the Trial Division, it appears that the director has been refused information after making a demand under subsection (1), the Trial Division may order a person, corporation or public body, including the Crown, to provide the court or the person that the court directs with information referred to in subsection (1). (5) This section applies despite another Act or regulation and despite a common law rule of confidentiality or privilege, except solicitor-client privilege. (6) Where the director has been refused information after making a demand under subsection (1) and obtains an order under subsection (4), the court shall award the costs of the application to the director. (7) The Attorney General may, on behalf of the province enter into an agreement with the Government of Canada concerning the searching for and the release of information under Part I of the Family Orders and Agreements Enforcement Assistance Act (Canada). (8) The director or a person acting on behalf of the director shall not disclose information obtained under the Family Orders and Agreements Enforcement Assistance Act ( Canada ) for the enforcement of an order, except to the extent necessary for the enforcement of the order. 2006 cS-31.1 s11 ; 2008 c6 s1 ; 2009 c16 s9 ; 2012 c11 s26 Back to Top Confidentiality 12. (1) A person shall not disclose information received by the director except in accordance with this Act or the regulations. (2) Information received by the director under this Act may be disclosed only (a) for the purpose of enforcing a support order registered with the director; (b) on request, to the sheriff for the purpose of section 18 of the Judgment Enforcement Act ; (c) on request, to an official performing similar functions in another jurisdiction; (d) on the request of (i) the minister responsible for the Income and Employment Support Act for the purposes of determining eligibility, including continued eligibility for income or employment support, or (ii) the minister or his or her designate for the purpose of the recalculation of child support under the Family Law Act ; and (e) where a judge orders it to be disclosed on the conditions that the court may impose. (3) Where a judge makes an order under subsection 11(4) or under a similar provision in another Act or an Act of the Parliament of Canada , the judge may make an order with respect to the confidentiality to be maintained in connection with the information released that the judge considers appropriate. (4) Notwithstanding another provision of this section, the director may post a debtors name and other prescribed information relating to the debtor on a website on the Internet if, (a) the support order is filed with the director; (b) the debtor is in persistent arrears under the support order; and (c) the director has been unsuccessful in all reasonable attempts to locate the debtor. (5) The sole purpose of posting information under subsection (4) shall be to assist the director in locating the debtor. (6) This section applies, with the necessary modifications, to any information obtained by the director as a result of the posting. 2006 cS-31.1 s12 Back to Top Consumer reporting agencies 13. (1) Where a debtor is in persistent arrears under a support order registered with the director, the director shall notify the debtor that unless the debtor makes an arrangement satisfactory to the director within 30 days of the notification to comply with the support order, the director shall report the debtor to a consumer reporting agency registered under the Consumer Reporting Agencies Act . (2) Where the conditions prescribed under subsection (1) are satisfied, the director may disclose the following information to a consumer reporting agency: (a) the name of the debtor in default under a support order; (b) the date of the support order; (c) the amount and frequency of the debtors obligations under the support order; (d) the amount of arrears owing under the support order at the time of the disclosure; and (e) any other information that may be prescribed by the regulations. (3) The director shall require a consumer reporting agency to include information respecting a debtors obligations under a support order in its credit report. (4) Where a support order for which a debtor has been reported to a consumer reporting agency to be in arrears (a) is varied, and the director has had notice of the variation, the director shall notify the consumer reporting agency of the variation; or (b) and the arrears are later forgiven, the director shall notify the consumer reporting agency of that fact. (5) Where a debtor about whom information under this section has been disclosed to a consumer reporting agency has satisfied all obligations under a support order, the director shall notify the consumer reporting agency of that fact. 2006 cS-31.1 s13 Back to Top Stay of enforcement 14. (1) Where a support order is registered with the director, the debtor may apply to a court for an order suspending any proceeding taken by the director on any condition the court considers appropriate for a period specified in the order not to exceed the period referred to in subsection (4) or (5). (1.1) The debtor shall serve a notice of an application under subsection (1) on the director. (2) An order under subsection (1) may only be made where the court is satisfied that the debtor is unable for valid reasons to make the payments required under the support order. (3) An order under this section shall be registered with the director by the issuing court immediately after it is made or issued. (4) A n order under subsection (1) suspending proceedings expires at the end of 3 months from the day it is granted or any shorter period provided for in the order. (5) If, within the 3 month period referred to in subsection (4) or any shorter period specified in the order, the debtor applies to vary a support order, the court may make an order suspending proceedings for only one further period of not more than 6 months. (6) Notwithstanding another provision of this section, the director may make an application to the court to have a stay imposed under this section lifted where the director has a reasonable belief that the stay should be lifted. 2006 cS-31.1 s14 ; 2011 c15 s2 ; 2013 c16 s25 PART III ENFORCEMENT Back to Top Notice of garnishment 15. (1) An obligation to pay money under a support order may be enforced by garnishment of money payable to the debtor by another person. (2) An obligation to pay under subsection (1) may include payment of (a) arrears; (b) a lump sum; or (c) future periodic payments. (3) The director may issue a notice of garnishment in the prescribed form and provide the notice of garnishment to a person alleged to be indebted to the debtor. (4) A notice of garnishment may be amended to correct errors, and a copy of the amended notice shall be provided to the person alleged to be indebted to the debtor referred to in subsection (3). (5) A notice under this section is effective for the purposes of the Family Orders and Agreements Enforcement Assistance Act ( Canada ). 2006 cS-31.1 s15 Back to Top Extra-provincial notice 16. On the filing of a notice of garnishment or a document of similar effect that, (a) is issued outside the province; (b) states that it is issued in respect of support; and (c) is written in or accompanied by a sworn, affirmed or certified translation into English, the director may issue a notice of garnishment and notify a garnishee in accordance with section 15. 2006 cS-31.1 s16 Back to Top Notification of garnishee 17. (1) A notice of garnishment provided under section 15 or 16 is considered to have been received by the garnishee within 10 days of its having been provided to the garnishee under those sections. (2) On receipt of the notice of garnishment, the garnishee shall immediately deliver, personally or by ordinary mail, a true copy of the notice to the debtor. (3) Failure of the garnishee to comply with subsection (2) does not make the garnishment ineffective. 2006 cS-31.1 s17 Back to Top Effect of notice 18. (1) A notice of garnishment, on being provided to the garnishee, binds money then due and accruing due from the garnishee to the debtor, in the amount required under subsection (2). (2) On receiving a notice of garnishment, the garnishee shall hold the money then due and accruing due to the debtor an amount equal to (a) the sum specified in the notice arising under the support order in respect of which the notice was given during the 30 days immediately preceding the date of notification; (b) as each payment becomes due under the support order, the amount specified in the notice or, where the amount of money due to the debtor is less than the amount specified in the notice, the total amount due to the debtor; and (c) the full amount due to the debtor by the garnishee until the lump sum amount specified in the notice is satisfied. (3) The probable costs of a notice of garnishment may be included in the amount set out in the notice of garnishment. (4) The garnishee shall, within 7 days of holding money under subsection (2), pay to the director the amount so held under the notice of garnishment. (5) Where the amount of money paid under subsection (4) is insufficient to cover the amount then required to fulfil the obligation under the support order, the amount equal to the difference between the amount that should have been paid and the amount that was actually paid is, for the purpose of this section, to be added to and is considered to be a part of the next payment due under the support order. (6) Where a support order that is the subject of a notice of garnishment is varied after the garnishee has been provided with the notice of garnishment, and the director has been notified of the variation order (a) a notice of variation in the form prescribed by the minister shall be provided to the garnishee by the director; and (b) the garnishee shall, on receiving the notice referred to in paragraph (a), hold money due to the debtor in accordance with the notice of variation. 2006 cS-31.1 s18 Back to Top Garnishment of money owing by Crown 19. (1) Notwithstanding another Act, the Crown may be named as a garnishee with respect to money due to a debtor other than payments made under the Income and Employment Support Act . (2) The director may notify the Crown by providing the appropriate deputy minister or, in the case of a board, agency or commission by serving the chairperson or secretary of the board, agency or commission with a notification under subsection (1). (3) Where the garnishee is the Crown, the notice of garnishment is to indicate, where known, the department, agency or other body of the province by which the money is payable and shall provide as many particulars as possible with respect to the money due. 2006 cS-31.1 s19 Back to Top Employee protection 20. (1) An employer shall not dismiss, suspend, lay off, penalize, discipline or discriminate against an employee if the reason for that action is related to the issuing of a notice of garnishment to the employer. (2) A fee may not be charged by an employer as against an employee who is the subject of a notice of garnishment. (3) Upon the application of an employee who alleges to have been the subject of a violation of subsection (1), a court may, if it finds the allegation to be true, make any order in favor of the employee that it considers just, including an order for reinstatement and an award of damages. (4) An employer who dismisses, suspends, lays off, penalizes, disciplines or discriminates against an employee in respect of whom a notice of garnishment has been issued while the notice of garnishment is in effect or within 6 months after it has ceased to have effect shall, if an application is made under subsection (2), be required to show cause for the action, in default of which the action shall be considered to have been in violation of subsection (1). 2006 cS-31.1 s20 Back to Top Dispute of garnishment 21. (1) Where the garnishee alleges that (a) no money is owing by him or her to the debtor; (b) the garnishee has satisfied his or her obligation to make payments to the debtor and no further payments from the garnishee to the debtor are accruing due; or (c) the garnishee has not received sufficient information with respect to the debtor to enable the garnishee to make deductions, he or she shall file with the director a statement to that effect within 10 days of being provided with the notice of garnishment or when the obligation to pay the debtor has been satisfied, as the case may be. (2) Where a statement is filed by the garnishee under subsection (1), the court may, on application by the director within 30 days after the date the statement is filed (a) summarily determine whether the garnishee is liable under the notice; or (b) order that an issue or question necessary for the determination of the liability of the garnishee be tried. (3) A determination of a court under this section is a judgment of the court and may be so enforced. (4) Where a garnishee files a statement under subsection (1) and the director does not make an application within the period specified in subsection (2), the garnishee is released from a claim under the notice of garnishment. 2006 cS-31.1 s21 Back to Top Default of payment by garnishee 22. (1) Unless the garnishee files a statement under subsection 21(1), where the garnishee does not pay to the director the amount due from the garnishee to the debtor or the amount required to be paid by the garnishee under a notice of garnishment, the director is entitled to judgment against the garnishee by filing with the court the notice of garnishment and an affidavit stating that the garnishee has not made payments required by this Act and has not filed a statement under subsection 21(1). (2) A judgment under subsection (1) shall include the amount of the default under the notice of garnishment, together with the costs of the application. (3) Payment made by or execution levied on the garnishee is a valid discharge to the garnishee against the debtor to the amount paid or levied, notwithstanding that those proceedings may be set aside or the judgment or order is later reversed. 2006 cS-31.1 s22 Back to Top Enforcement against Crown 23. A notice of judgment under the Judgment Enforcement Act may not be registered on a judgment against the Crown in garnishment proceedings under section 21 or 22. 2006 cS-31.1 s23 Back to Top Withdrawal of garnishment 24. The director may provide a notice of withdrawal in the form prescribed by the minister to a garnishee who has been provided with a notice of garnishment and, on providing the notice of withdrawal, the garnishee shall cease to hold money or make payments. 2006 cS-31.1 s24 Back to Top Dispute by debtor 25. (1) The debtor may apply to a court for an order setting aside or varying a notice of garnishment on the basis that money owed under the support order has been paid or that there is no debt owing by the garnishee to the debtor. (2) The debtor shall serve a notice of an application under subsection (1) on the director. 2006 cS-31.1 s25 Back to Top Exemption from garnishment 26. (1) On application by the debtor, a judge may, where satisfied that it would be grossly unfair and inequitable to do otherwise, make an order specifying the amount of money that is exempt from garnishment. (2) The debtor shall serve a notice of an application under subsection (1) on the director. 2006 cS-31.1 s26 Back to Top Prohibition re: fees 27. A garnishee shall not charge a fee in respect of anything required to be done by the garnishee under this Act. 2006 cS-31.1 s27 Back to Top Joint or joint and several accounts 28. (1) A notice of garnishment issued by the director shall, when provided to a financial institution, attach 50% of the money credited to a deposit account held in the financial institution in the name of the debtor together with one or more other persons as joint or joint and several deposit account holders, and the financial institution shall pay up to 50% of the money credited to the deposit account to the director according to the notice of garnishment. (2) The financial institution shall, within 10 days of being provided with the notice of garnishment, pay the money to the director and at the same time (a) notify the director if the account is held jointly or jointly and severally in the name of two or more persons; and (b) notify the co-holders of the account who are not named in the notice of garnishment of the garnishment. (3) Within 30 days after the financial institution has given notification under subsection (2), a co-holder of the deposit account may make an application to a court disputing the notice of garnishment claiming ownership of all or part of the money that the financial institution paid to the director. (4) If a financial institution notifies the director under paragraph (2)(a), the director shall not release the money received under that subsection until 30 days after the financial institution so notified the director, and the director may release the money after 30 days unless a co-holder of the deposit account first provides the director with a copy of an application under subsection (3) disputing a notice of garnishment. (5) In a hearing to determine an application under subsection (3), the money paid to the director shall be presumed to be owned by the debtor and the court shall order (a) that the garnishment be limited to the debtors interest in the money that was paid to the director; and (b) that all or part of the money that was paid to the director be returned to the co-holder only if it is satisfied that the co-holder owns the money. (6) Upon receipt of a copy of the courts order, the director shall return to the co-holder any money determined by the court to belong to the co-holder and may release any remaining money to the debtor. (7) A co-holder may bring an action against a debtor in court (a) to recover any money owned by the co-holder that was paid to the director under subsection (1); and (b) to recover any interest that the co-holder would have earned on the money owned by the co-holder that was paid to the director under subsection (1). (8) The director and the creditor are not parties to an action under subsection (7). (9) In this section, "deposit account" includes a demand account, time account, savings account, passbook account, chequing account, current account or other similar accounts at (a) a bank listed in Schedule I or II to the Bank Act ( Canada ); (b) a loan corporation or a trust corporation as defined in the Trust and Loan Corporations Licensing Act ; (c) a credit union as defined in the Credit Union Act ; or (d) a similar financial institution. 2006 cS-31.1 s28 Back to Top Payment of money received 29. (1) Money received by the director under a notice of garnishment is to be paid immediately to the creditor to the extent of the creditor's entitlement under the support order. (2) Notwithstanding subsection (1), money received by the director in excess of the amount required to satisfy the notice of garnishment may be paid to the debtor or the garnishee or may, at the discretion of the director, be held in trust by the director to satisfy any future entitlement of the creditor under the support order. (3) Where the creditors entitlement under all support orders has been satisfied and the director holds excess money in trust under subsection (2), the director shall return the excess money to the debtor or garnishee, or where, after reasonable attempts by the director the debtor or garnishee cannot be located, into the Consolidated Revenue Fund. 2006 cS-31.1 s29 Back to Top Priority of garnishment 30. (1) A notice of garnishment provided under this Act has priority over an attachment or judgment made under (a) the Judgment Enforcement Act ; (b) the Judicature Act ; (c) the Small Claims Act ; and (d) all provincial taxation statutes, including (i) the Income Tax Act, 2000, (ii) the Mineral Holdings Impost Act, and (iii) the Revenue Administration Act , against the same money whether made before or after providing the notice of garnishment. (2) The priority under subsection (1) is limited to the arrears which accrued in the 3 years immediately preceding the issuance of the notice of garnishment and any arrears which have accrued since that time. 2006 cS-31.1 s30 ; 2009 cR-15.01 s125 Back to Top Attachment of certain benefits 31. (1) Pension payments, allowances or benefits that are authorized to be paid under an Act or a program under an Act are garnishable for the purpose of enforcement of support orders, notwithstanding the provisions of any Act other than this Act. (2) Garnishment proceedings as set out in this Act are to be applied under subsection (1). 2006 cS-31.1 s31 Back to Top Statement of finances required by director 32. (1) Where the debtor has defaulted in a payment required under a registered support order, the director may provide the debtor with a statement of arrears in the prescribed form and notify the debtor that the debtor is required to file a statement of finances with the director. (2) The statement of finances required by subsection (1) shall be in the form prescribed by the minister and shall be filed by the debtor with the director not more than 15 days after the debtor is notified under subsection (1). (3) The director may extend the period within which the statement of finances is required to be filed by the debtor with the director. (4) Where the debtor intentionally fails to provide a statement of finances satisfactory to the director or does not provide the statement of finances satisfactory to the director, the debtor may be subject to a fee charged by the director under section 58. 2006 cS-31.1 s32 Back to Top Summons 33. (1) Where a debtor defaults in the payment of support under a support order, the director may, in the case of a support order registered with him or her, obtain from the court a summons in the prescribed form requiring the debtor to attend a default hearing. (2) The summons shall require the debtor to appear at a default hearing, before the court, at a time and place set out in the summons (a) to show the court why the support order should not be enforced; (b) to be examined on oath or affirmation about his or her finances, including (i) the means or ability the debtor has of complying with the support order, (ii) the disposal the debtor has made of property since the date on which the proceedings were started in which the support order was made, (iii) the debts that are owing to or by the debtor, and (iv) the debtor's assets, income and financial obligations generally; and (c) to show why the debtor should not be committed to prison on the ground that he or she has wilfully defaulted in the payment of support under a support order. (3) The summons shall be served personally on the debtor unless the court directs otherwise. 2006 cS-31.1 s33 Back to Top Default hearing 34. (1) At a default hearing the court shall inquire into (a) the resources of the debtor; (b) the debtor's means and ability to comply with the support order; (c) the disposal the debtor has made of property since the date on which proceedings were started in which the support order was made; (d) the debts that are owing to or by the debtor; (e) the circumstances under which the debtor defaulted in paying under the support order; (f) the assets and income of the debtor's spouse or person financially connected to the debtor when determining a debtor's ability to pay a support order; and (g) other matters the court considers relevant, and for that purpose may examine on oath or affirmation the creditor and the debtor and witnesses produced on behalf of either of them. (2) At the default hearing, unless the contrary is shown, the debtor shall be presumed to have the ability to pay the arrears and to make subsequent payments under the support order, and the statement of arrears prepared and served by the director shall be presumed to be correct as to arrears accruing while the support order is registered with the director. (3) The director may, at any time during a default hearing, request that the court make an order under subsection (4) or (5) or both. (4) The court may, by order, require a person to file a financial statement and any other relevant documents with the court if the court is satisfied that the person is financially connected to the debtor. (5) The court may, by order, add a person as a party to the hearing if the court (a) has made or could make an order under subsection (4); and (b) is satisfied on considering all the circumstances, including the purpose and effect of the dealings between the person and the debtor and their benefit or expected benefit to the debtor, that there is some evidence that the person has sheltered assets or income of the debtor such that enforcement of the support order against the debtor may be frustrated. (6) If the court is satisfied that a person who was made a party to the hearing under subsection (5) sheltered assets or income of the debtor such that enforcement of the support order against the debtor has been frustrated, the court may, having regard to all the circumstances, including the purpose and effect of the dealings and the benefit or expected benefit from them to the debtor, make an order against the person it may make against the debtor under section 36 or 37 to the extent of the value of the sheltered assets or income and those sections shall, in that case, be read with the necessary changes as against the person. 2006 cS-31.1 s34 Back to Top Warrant for arrest 35. (1) Where a debtor (a) who has been served with a summons under section 33; or (b) who has been bound over to appear under subsection (2), does not appear at the time and place stated and a just excuse is not offered for his or her failure to appear, the court may issue a warrant for the arrest of the debtor to have him or her brought before the court. (2) Where a debtor is brought before the court on a warrant, the court may bind him or her over to appear at a default hearing and (a) require that the debtor sign an undertaking requiring his or her appearance where the court is satisfied that the debtor would appear at a later date; or (b) require (i) surety on conditions the court considers appropriate; (ii) that a sum of money be deposited with the court sufficient to ensure the appearance of the debtor at the default hearing; or (iii) that the debtor be committed to jail until the default hearing. 2006 cS-31.1 s35 Back to Top Court order 36. (1) The court may, unless it is satisfied that there are no arrears or that the debtor is unable for valid reasons to pay the arrears or to make subsequent payments under the support order, order that the debtor (a) discharge the arrears by the periodic payments that the court considers just; (b) discharge the arrears in full by a specified date;

(c) comply with the support order to the extent of the debtor's ability to pay, but an order under this paragraph does not affect the accruing of arrears; (d) provide security in the form that the court directs for the arrears and subsequent payment; (e) report periodically to the court, the director or a person specified in the order; (f) provide immediately to the court, the director or a person specified in the order particulars of a future change of address, employment or income; (g) file those income tax returns that the court considers necessary; (h) be imprisoned continuously or intermittently for not more than 90 days unless the arrears are sooner paid; and (i) where the court determines that the debtor does not have the ability to pay, order that the debtor make an application to vary the support order within a specific time period. (2) The court may vary the order made under subsection (1) where there is a material change in the debtor's circumstances since the order was made. (3) Where the court finds that the debtor is in wilful default on an order made at a previous default hearing, the court shall make an order committing the debtor to serve a term of imprisonment for a period of more than 30 but less than 90 days. (4) Imprisonment of a debtor under paragraph (1)(h) or subsection (3) does not discharge arrears under a support order. (5) An order for security under paragraph (1)(d) or a subsequent order of the court may provide for the realization of the security by seizure, sale or other means, that the court directs. (6) Proof of service on the debtor of a support order is not necessary for the purpose of a default hearing. (7) A default hearing under this section and a hearing on an application for variation of the support order in default may be heard together or separately. 2006 cS-31.1 s36 Back to Top Realizing on security 37. Where security has been ordered under paragraph 36(1)(d), or under another Act to ensure payments under a support order and the debtor is in default of his or her obligations under that support order, the court may, on the application of the director, direct the realization or forfeiture of the security by seizure, sale or other means and may make other orders as to costs that it considers appropriate. 2006 cS-31.1 s37 Back to Top Evasion of debtor 38. (1) Where the Trial Division is satisfied, on unilateral application by the director, that the debtor is hindering or defeating or is attempting to hinder or defeat the enforcement of a support order by dissipation, gift or transfer of assets, the Trial Division may make an order restraining or setting aside a dealing with, or gift or transfer of, the assets. (2) Where the Trial Division is satisfied, on unilateral application by the director, that the debtor is attempting to hinder or defeat the enforcement of arrears under a support order by leaving the province, the Trial Division may issue a warrant for the arrest of the debtor for the purpose of bringing him or her before the Trial Division under section 34 to be examined with respect to the debtor's ability to meet the obligations under the support order. 2006 cS-31.1 s38 ; 2009 c16 s9 PART IV OTHER ENFORCEMENT MECHANISMS Back to Top Pension entitlement attachment 39. In this section and in sections 40 to 44, (a) "administrator" means a person charged with the administration of a pension plan and includes a financial or other institution that issues, underwrites or is a depository of (i) benefits, (ii) money which has been transferred to another plan, to a prescribed RRSP or to any other prescribed retirement plan that is registered under the Income Tax Act (Canada), including money transferred before January 1, 1993, (iii) money earned by the transferred money referred to in subparagraph (ii); (b) "pension entitlement" means the amount of money in a pension plan of a debtor which is available for attachment under this Act; (c) "pension plan" means a pension plan to which the Pensions Benefits Act, 1997 applies but under which neither the debtor nor the debtor's employer is making contributions and under which the debtor is not receiving a pension benefit and includes (i) benefits, (ii) money which has been transferred to another plan, to a prescribed RRSP or to any other prescribed retirement plan that is registered under the Income Tax Act (Canada), including money transferred before January 1, 1993, and (iii) money earned by the transferred money referred to in subparagraph (ii). 2006 cS-31.1 s39 Back to Top Pension entitlement may be attached 40. (1) The director may enforce a support order by attaching the pension entitlement of a debtor where (a) the debtor is in persistent arrears respecting an obligation under a support order that is filed with the director; (b) in the opinion of the director, all reasonable steps have been taken to enforce the support order; (c) the director has provided the administrator and the debtor with a notice of the director's intention to attach the pension; and (d) the debtor has not, before the notice of attachment has been provided to the administrator under section 44, made arrangements satisfactory to the director to fulfil the obligation under the support order. (2) The director may provide the notice referred to in this section to the debtor at the most recent address for the debtor in the director's records. 2006 cS-31.1 s40 Back to Top Notice of the director's intention 41. (1) The notice of the director's intention to attach the debtor's pension entitlement shall (a) direct the administrator to provide the director and the debtor particulars of the debtor's pension entitlement within 30 days of the receipt of the notice; (b) notify the debtor of his or her right to apply to a court under section 43 within 30 days of the receipt of the information referred to in paragraph (a) for an order that the debtor's pension entitlement is not to be attached; and (c) direct the administrator to notify the debtor of the costs, income tax implications and pension reductions that would result from the attachment of the debtor's pension entitlement. (2) The administrator may provide the information referred to in paragraph (1)(a) to the debtor at the most recent address for the debtor in the administrator's records. (3) Failure of the administrator to provide the information referred to in paragraph (1)(a) does not render the attachment ineffective. 2006 cS-31.1 s41 Back to Top Restrictions 42. (1) The director shall not enforce a support order by attaching the pension entitlement of a debtor where (a) the debtor is a member of a pension plan and (i) the debtor is required to make contributions to the plan that the director proposes to attach, or (ii) the debtor's employer is required by the plan to make contributions on the debtor's behalf to the plan that the director proposes to attach; or (b) the debtor is receiving a pension benefit under the pension plan which the director proposes to attach. (2) Where an administrator is notified of the director's intention to attach the debtor's pension entitlement, the administrator shall not pay out any of the debtor's pension entitlement at the direction of the debtor until 60 days have elapsed from (a) if no application is made to the court, the date that the director received the information referred to in paragraph 41(1)(a); or (b) if an application is made to the court, the date that the court orders that the debtor's pension entitlement may be attached. (3) Subsection (1) shall only apply to a pension plan as defined in paragraph 39(c), and shall in no way constrain the ability of the director to garnish a pension payment, allowance or benefit which is garnishable under section 31. 2006 cS-31.1 s42 Back to Top Court application 43. (1) The court, on application by the debtor, may order that the debtor's pension entitlement is not to be attached where the court is satisfied that (a) the debtor is not in persistent arrears respecting an obligation under a support order that is registered with the director; (b) the debtor is a member of a pension plan and (i) the debtor is required to make contributions to the plan that the director proposes to attach, or (ii) the debtor's employer is required by the plan to make contributions on the debtor's behalf to the plan that the director proposes to attach; or (c) the debtor is receiving a pension benefit under the pension plan that the director proposes to attach. (2) A debtor applying to the court shall serve the director and the administrator with a notice of the application. 2006 cS-31.1 s43 Back to Top Attachment of pension entitlement 44. (1) Where the director has provided a notice of intention to attach a debtor's pension entitlement under section 40 and no application to the court has been made under section 43, the director may issue a notice of attachment of the pension entitlement not more than 60 days from the date the director receives the information required under section 41. (2) Where the director has provided a notice of intention to attach a debtor's pension entitlement under section 40 and an application under section 43 has been made and (a) the court orders that the pension entitlement may be attached, the director may issue a notice of attachment of the pension entitlement not more than 60 days from the date of that order; or (b) the court orders that the pension entitlement shall not be attached, the director shall take no further action under the notice of intention to attach the pension entitlement. (3) Where the administrator complies with a notice of attachment under this section, the administrator shall deduct from the amount standing to the credit of the debtor in the debtor's pension plan (a) the total amount of taxes, if any, that are required to be deducted or withheld as a result of the attachment; (b) the cost of complying with the attachment calculated in the manner prescribed under the regulations; (c) the lesser of (i) the amount attached, and (ii) the amount standing to the credit of the debtor; and (d) pay the amount deducted under paragraph (c) to the director within 7 days after making the deduction. (4) Where the director provides a notice of attachment under subsection (1) or (2), the administrator shall (a) immediately deliver, personally or by ordinary mail, a copy of the notice to the debtor; and (b) comply with the notice of attachment within 45 days of receiving the notice. (5) The administrator may deliver the notice of attachment to the debtor at the most recent address for the debtor in the administrator's records. (6) Failure of the administrator to comply with paragraph (4)(a) does not render the attachment ineffective. (7) Sections 21 to 23 apply, with the necessary modifications, to an administrator provided with the director's notice of attachment of the debtor's pension entitlement. (8) If an amount has been attached under this section (a) the debtor has no further claim or entitlement to any pension plan benefit under the pension plan respecting the amount attached; (b) the amount standing to the credit of the debtor is reduced by the amount deducted under paragraph (a); and (c) neither the administrator nor the pension plan is liable to any person by reason of having made payment to the director under to this Act. 2006 cS-31.1 s44 Back to Top Registered plan attachment 45. In this section and in sections 46 to 50, (a) "DPSP" means a deferred profit sharing plan as defined in section 147 of the federal Act; (b) "federal Act" means the Income Tax Act ( Canada ); (c) "registered plan" means a DPSP, an RRIF or an RRSP; (d) "RRIF" means a registered retirement income fund as defined in section 146.3 of the federal Act; (e) "RRSP" means a registered retirement savings plan as defined in section 146 of the federal Act; and (f) "trustee" means a person charged with the administration of a registered plan. 2006 cS-31.1 s45 Back to Top Registered plan may be attached 46. The director may enforce a support order by attaching the registered plan of a debtor where (a) the debtor is in persistent arrears under a support order that is filed with the director; (b) in the opinion of the director, all reasonable steps have been taken to enforce the support order; (c) the director has provided the trustee and the debtor with a notice of the director's intention to attach the registered plan; and (d) the debtor has not, before the notice of attachment has been provided to the trustee under section 50, made arrangements satisfactory to the director to fulfil the obligation under the support order. 2006 cS-31.1 s46 Back to Top Notice of the director's intention 47. (1) The notice of the director's intention to attach the debtor's registered plan shall (a) direct the trustee to provide the director and the debtor particulars of the debtor's registered plan within 30 days of the receipt of the notice; (b) notify the debtor of his or her right to apply to the court under section 50 within 30 days of the receipt of the information referred to in paragraph (a) for an order that the debtor's registered plan is not to be attached; and (c) direct the trustee to notify the debtor of the costs, income tax implications and reductions that would result from the attachment of the debtor's registered plan. (2) The trustee may provide the information required under this section to the debtor at the most recent address for the debtor in the trustee's records. (3) Failure of the trustee to provide the information required under this section does not render the attachment ineffective. 2006 cS-31.1 s47 Back to Top Restrictions 48. Where a trustee is provided with a notice of the director's intention, the trustee shall not pay out any of the debtor's registered plan at the direction of the debtor until 60 days have elapsed from (a) if no application is made to the court, the date that the director received the information referred to in paragraph 47(1)(a); or (b) if an application is made to the court, the date that the court orders that the debtor's registered plan may be attached. 2006 cS-31.1 s48 Back to Top Court application 49. (1) The court, on application by the debtor, may order that the debtor's registered plan is not to be attached where the court is satisfied that the debtor is not in persistent arrears respecting an obligation under a support order that is filed with the director. (2) A debtor applying to the court shall serve the director and the trustee with a notice of the application. 2006 cS-31.1 s49 Back to Top Attachment of registered plan 50. (1) Where the director has provided a notice of intention to attach a debtor's registered plan under section 46 and no application to the court has been made under section 49, the director may issue a notice of attachment of the registered plan not more than 60 days from date the director receives the information required under section 47. (2) Where the director has provided a notice of intention to attach a debtor's registered plan under section 46 and an application under section 49 has been made and (a) the court orders that the registered plan may be attached, the director may issue a notice of attachment of the registered plan not more than 60 days from the date of that order; or (b) the court orders that the registered plan shall not be attached, the director shall take no further action under the notice of intention to attach the registered plan. (3) Where the trustee complies with a notice of attachment under this section, the trustee shall deduct from the amount standing to the credit of the debtor in the debtor's registered plan (a) the total amount of taxes, if any, that are required to be deducted or withheld as a result of the attachment; (b) the cost of complying with the attachment calculated in the manner prescribed under the regulations; (c) the lesser of (i) the amount attached, and (ii) the amount standing to the credit of the debtor; and (d) pay the amount deducted under paragraph (c) to the director within 7 days after making the deduction. (4) Where the director provides a notice of attachment under subsection (1) or (2), the trustee shall (a) immediately deliver, personally or by ordinary mail, a copy of the notice to the debtor; and (b) comply with the notice of attachment within 45 days of receiving the notice. (5) The trustee may deliver the notice of attachment to the debtor at the most recent address for the debtor in the trustee's records. (6) Failure of the trustee to comply with paragraph (4)(a) does not render the attachment ineffective. (7) Sections 21-23 apply, with the necessary modifications, to a trustee provided with the director's notice of attachment of the debtor's registered plan. (8) If an amount has been attached under this section (a) the debtor has no further claim or entitlement to any registered plan benefit under the registered plan respecting the amount attached; (b) the amount standing to the credit of the debtor is reduced by the amount deducted under paragraph (a); and (c) neither the trustee nor the registered plan is liable to any person by reason of having made payment to the director under this Act. 2006 cS-31.1 s50 Back to Top Corporation with debtor as sole shareholder 51. (1) In this section, "corporation" means a corporation in which the debtor (a) is the sole shareholder; and (b) has the sole beneficial interest in the shares of the corporation. (2) A corporation becomes jointly and severally liable with a debtor for payments required under a support order if (a) the debtor is in persistent arrears under a support order that is filed with the director; and (b) the director has served the corporation with a notice of garnishment respecting the amount owing by the debtor under the support order. (3) On becoming jointly and severally liable under subsection (2) (a) the corporation continues to be liable as long as the debtor continues to be liable for payments required under the support order; (b) any enforcement measure that may be taken with respect to the debtor may be taken with respect to the corporation; and (c) the amount of a payment required under a support order that is paid by the corporation is a debt owed by the debtor to the corporation. (4) Notwithstanding subsection (3), a corporation is not liable for payments under a support order that come due on or after the date the director receives written notification from the corporation (a) stating that the debtor has ceased to have a beneficial interest in any shares of the corporation and specifying the date on which the debtor ceased to have a beneficial interest in the shares of the corporation; (b) giving the name and address of the person who acquired the beneficial interest in the debtor's shares; and (c) specifying the nature and amount of the consideration that the debtor received or will receive for the transfer of the beneficial interest in the shares. (5) Where the director disputes the validity of a notification received under subsection (4), the director may apply to a court and the court may (a) summarily determine whether the corporation is liable under this section; or (b) order that an issue or question necessary for the determination of the liability of the corporation be tried. 2006 cS-31.1 s51 Back to Top Corporation controlled 52. (1) In this section (a) "corporation" means a corporation that is controlled by (i) a debtor, or (ii) a debtor and the immediate family members of the debtor; (b) "immediate family member" means a spouse, former spouse, child, sibling, step-sibling, half-sibling, parent or step-parent of the debtor or a cohabiting partner with whom the debtor is living in a conjugal relationship outside of marriage; and (c) "to control", with respect to a corporation, means to hold, other than by way of security only, by or for the benefit of a person or a group of persons not dealing with each other at arm's length, shares in the corporation that, in an election of the directors of the corporation, carry, in total, sufficient voting rights, if those rights are exercised, to elect 50% or more of the directors or to otherwise effectively control the operations and direction of the corporation. (2) A director may apply to the court for an order declaring that a corporation is jointly and severally liable with a debtor for payments required under a support order if (a) the debtor is in persistent arrears under a support order filed with the director; and (b) the corporation has been served with a notice of garnishment respecting the amount owing by the debtor under the support order. (3) If, on an application under subsection (2), the court orders that the corporation is jointly and severally liable with the debtor for payments required under a support order (a) the corporation continues to be liable as long as the debtor continues to be liable for payments required under the support order; (b) any enforcement measure that may be taken with respect to the debtor may be taken with respect to the corporation; and (c) the amount of a payment required under a support order that is paid by the corporation is a debt owed by the debtor to the corporation. (4) Notwithstanding subsection (3), a corporation is not liable for payments under a support order that come due on or after the date the director receives written notification from the corporation (a) stating that the debtor has ceased to have a beneficial interest in any shares of the corporation and specifying the date on which the debtor ceased to have a beneficial interest in the shares of the corporation; (b) giving the name and address of the person who acquired the beneficial interest in the debtor's shares; and (c) specifying the nature and amount of the consideration that the debtor received or will receive for the transfer of the beneficial interest in the shares. (5) Where the director disputes the validity of a notification received under subsection (4), the director may apply to a court and the court may (a) summarily determine whether the corporation is liable under this section; or (b) order that an issue or question necessary for the determination of the liability of the corporation be tried. 2006 cS-31.1 s52 Back to Top Suspension of driving privileges 53. (1) In this section, "driver's licence" means a driver's licence as defined by and issued under the Highway Traffic Act and belonging to a class prescribed by the regulations. (2) The director may direct the Registrar of Motor Vehicles to suspend, cancel or refuse to renew the driver's licence of a debtor if (a) the debtor is in default under a support order filed with the director; (b) the debtor is in persistent arrears; (c) in the opinion of the director, all reasonable steps have been taken to enforce the support order; and (d) the 30 day period referred to in subsection (3) has elapsed. (3) Before directing the Registrar of Motor Vehicles to take an action under subsection (2), the director shall notify the debtor that unless the debtor makes an arrangement satisfactory to the director within 30 days of the notification to comply with the support order, the director shall direct the Registrar of Motor Vehicles to suspend, cancel or refuse to renew the driver's licence of the debtor. (4) If the director is satisfied that a debtor requires a driver's licence for employment or medical purposes, the director may direct the Registrar of Motor Vehicles to impose any of the following conditions on the driver's licence of the debtor, rather than suspending, canceling or refusing to renew the debtor's driver's licence: (a) the debtor shall be authorized to operate a motor vehicle only for employment or medical purposes; and (b) the debtor shall be restricted to operating a motor vehicle at specific hours and places. (5) The director shall direct the Registrar of Motor Vehicles to reinstate a driver's licence suspended or cancelled or to renew a driver's licence previously refused renewal under this section where (a) the debtor pays all arrears owing under the support order; (b) the debtor is complying with arrangements made with the director under subsection (3); (c) the support order is varied and the debtor is complying with the terms of the varied order; or (d) the support order is withdrawn under section 8. (6) Subsection (5) applies, with the necessary modifications, to revoking conditions imposed on a driver's licence under this section. (7) A debtor may apply to a court for an order (a) revoking the suspension or cancellation of the debtor's driver's licence or the refusal to renew the debtor's driver's licence; or (b) revoking the conditions imposed on the driver's licence of the debtor. (8) A debtor applying to the court under subsection (7) shall serve the director and the Registrar of Motor Vehicles with a notice of that application. (9) The court may make an order under subsection (7) if the court is satisfied that (a) the debtor is not in persistent arrears; (b) a person's health is or would be seriously threatened if the driver's licence of the debtor were not reinstated; or (c) the debtor requires a driver's licence for employment purposes. (10) If the court makes an order under paragraph (7)(a), the court may also order the Registrar of Motor Vehicles to impose any conditions on the driver's licence of the debtor that may be imposed under subsection (4). (11) If the debtor is in default under one or more support orders, the director shall not request that the Registrar of Motor Vehicles reinstate the debtors licences unless (a) all arrears under all support orders are paid; (b) an arrangement or arrangements have been made, on terms satisfactory to the director, to pay all arrears under all the support orders, and the debtor is in compliance with the arrangement or arrangements; or (c) all arrears under all support orders are the subject of a court order or orders for payment and the debtor is in compliance with the court order or orders. (12) An agreement by the parties to a support order to avoid or prevent the applicability of this section to the enforcement of the support order is void and of no force or effect. (13) This section applies to a default under a support order that occurred before or after the commencement of this section. 2006 cS-31.1 s53 Back to Top Big game licences 54. (1) In this section and section 55, "licence", when used with respect to a debtor, means a big game licence issued to the debtor under Part IV of the Wild Life Regulations and the Wild Life Act . (2) The director may request that the minister responsible for the Wild Life Act suspend or cancel a debtor's licence if (a) the debtor is in default under a support order filed with the director; (b) the debtor is in persistent arrears; (c) in the opinion of the director, all reasonable steps have been taken to enforce the support order; and (d) the 30 day period referred to in subsection (3) has elapsed. (3) Before requesting that the minister responsible for the Wild Life Act take an action under subsection (2), the director shall notify the debtor that unless the debtor makes an arrangement satisfactory to the director within 30 days of the notification to comply with the support order, the director shall request that the minister responsible for the Wild Life Act suspend or cancel the debtor's licence. (4) The director shall request that the minister responsible for the Wild Life Act reinstate a debtor's licence suspended or cancelled under this section where (a) the debtor pays all arrears owing under the support order; (b) the debtor is complying with arrangements made with the director under subsection (3); (c) the support order is varied and the debtor is complying with the terms of the varied order; or (d) the support order is withdrawn under section 8. (5) A debtor may apply to a court for an order revoking the suspension or cancellation of the debtor's licence. (6) A debtor applying to the court under subsection (5) shall serve the director and the minister responsible for the Wild Life Act with a notice of that application. (7) The court may make an order under subsection (5) if the court is satisfied that the debtor is not in persistent arrears. (8) If the debtor is in default on one or more other support orders, the director shall not request that the minister responsible for the Wild Life Act reinstate the debtors licences unless, (a) all arrears under all the support orders are paid; (b) an arrangement or arrangements have been made, on terms satisfactory to the director, to pay all arrears under all the support orders, and the debtor is in compliance with the arrangement or arrangements; or (c) all arrears under all the support orders are the subject of a court order or orders for payment and the debtor is in compliance with the court order or orders. (9) An agreement by the parties to a support order to avoid or prevent the applicability of this section to the enforcement of the support order is void and of no force or effect. (10) This section applies to a default under a support order that occurred before or after the commencement of this section. 2006 cS-31.1 s54 Back to Top Further default 55. If the director requests that the minister responsible for the Wild Life Act reinstate a debtors licence under this section and the debtor subsequently defaults within 12 months from the date of reinstatement the director may request that the minister responsible for the Wild Life Act cancel the debtors licence in accordance with section 54 for the remainder of the season for which the licence was issued. 2006 cS-31.1 s55 Back to Top Garnishment of lottery prizes 56. (1) In this section (a) "corporation" means the Atlantic Lottery Corporation; (b) "lottery" means a lottery scheme permitted by virtue of the Criminal Code and conducted and managed by the Corporation; and (c) "prize" means a sum of money or goods payable as a prize in a lottery. (2) Where a debtor who is in default under a support order filed with the director is entitled to a prize that the Corporation values at $1000 or more, the director may garnish that prize to the extent of the arrears and in the manner prescribed by the regulations. 2006 cS-31.1 s56 PART V GENERAL Back to Top Application of payments 57. Money paid on account of a support order is to be credited in the following order: (a) to the payment most recently due; (b) to interest owing on a payment; (c) to the principal balance outstanding; and (d) to costs prescribed in the regulations and fees prescribed by the minister. 2006 cS-31.1 s57 Back to Top Fee charged by director 58. (1) The director shall not charge a fee to a creditor for services provided to the creditor under this Act. (2) The director may, with the approval of the minister, charge a fee respecting matters arising in the course of enforcing a support order, including a circumstance where (a) a debtor fails to make a payment under a support order (i) by the date required in the order, or (ii) in accordance with an arrangement made between the debtor and the director; (b) a debtor fails to file a statement of finances with the director as required under this Act; or (c) a debtor or another person on behalf of a debtor makes a payment to the director under a support order or other amounts owing under this Act by cheque, pre-authorized withdrawal or money order and (i) the cheque or withdrawal is dishonoured on the grounds that no funds or insufficient funds were available, or (ii) a stop payment order is placed on the cheque, withdrawal or money order. (3) A person who pays a fee under subsection (2) may not be charged with an offence under this Act with respect to the contravention. 2006 cS-31.1 s58 Back to Top Service 59. (1) A notice or document required by this Act to be served shall be served in the manner prescribed in the Rules of the Supreme Court, 1986 for service of a statement of claim. (2) Where a proceeding is brought to enforce a support order, it is not necessary to prove that the debtor was served with the support order. 2006 cS-31.1 s59 Back to Top Presumption of debtor's ability to pay 60. In proceedings brought under this Act, the debtor is presumed to have the ability to pay the arrears and to make subsequent payments under the support order. 2006 cS-31.1 s60 Back to Top Signature of director as evidence 61. (1) A statement of arrears signed by the director is admissible in evidence as, in the absence of evidence to the contrary, proof of the arrears without prior notice to the other party. (2) A statement signed by the director that a support order is registered with the director is admissible in evidence as conclusive proof of the facts contained in the statement. (3) A document signed by the director with respect to the enforcement of a support order is admissible in evidence without proof of the signature or official character of the director. (4) Where the signature of the director is required for the purposes of this Act, the signature may be written, engraved, lithographed or reproduced by another mode of reproducing words in visible form. 2006 cS-31.1 s61 Back to Top Application to vary support order 62. (1) Where an application is made to a court to vary a support order, the court shall notify the director of the application. (2) Where the order is varied, the court shall file with the director the order of the court that varies the support order. 2013 c16 s25 Back to Top Proof of default 63. In an action brought on default of an obligation under a support order, proof of the default may be made either by oral or affidavit evidence or by other evidence that the court may allow. 2006 cS-31.1 s63 Back to Top Capacity of minor 64. A minor who is a spouse or a parent has the capacity to begin, conduct and defend a proceeding and initiate and complete steps for enforcement of a support order without the intervention of a guardian appointed by the court. 2006 cS-31.1 s64 Back to Top No limitation period 65. (1) Notwithstanding the Limitations Act , there is no limitation on the enforcement of arrears of payments under a support order. (2) Notwithstanding subsection (1), the director may, in his or her discretion, choose not to collect arrears of payments under a support order which came due more than the period of time prescribed in the regulations before the date of the coming into force of this Act. (3) Where, before the coming into force of this Act, arrears under a support order were no longer enforceable under the previous limitation period, those arrears may not now be enforced due to the coming into force of this section. 2006 cS-31.1 s65 Back to Top Debt no defence 66. The fact that a debtor is in debt or has paid debts is not a defence to proceedings brought to enforce a support order. 2006 cS-31.1 s66 Back to Top Debt of estate 67. (1) Where a debtor dies and, at the time of his or her death, the debtor is in default of payments under a support order, the amount in default is a debt of the estate of the debtor and recoverable by the director from the estate. (2) Where the person in whose favour a support order was made dies, his or her personal representative, the director or the minister responsible for the Income and Employment Support Act where a subrogation exists under section 10 may recover payments under a support order that are in default at the time of the death of that person. 2006 cS-31.1 s67 Back to Top Relief of obligation to pay 68. Where money is recoverable under section 67, a judge of the court in which the support order was made or registered may, on the application of an interested party, relieve the debtor or, where the debtor has died, the estate of the debtor, of the obligation to pay, in whole or in part, the amount in default where the judge is satisfied that (a) having regard to the interests of the debtor or the estate of the debtor, it would be grossly unfair and inequitable not to do so; (b) having regard to the interests of the person in whose favour the support order was made or his or her estate, it is justified; and (c) having regard to the interests of other dependants of the debtor, interference with the claim of the estate of the person in whose favour the support order was made or the claim of the minister responsible for the Income and Employment Support Act is justified. 2006 cS-31.1 s68 Back to Top Communications not privileged 69. Notwithstanding another Act, rule or law, in proceedings brought under this Act, a person is compellable to disclose a communication made to that person by his or her spouse. 2006 cS-31.1 s69 Back to Top Witnesses 70. (1) A judge or clerk may issue a subpoena to a witness to be served in the province, and the person subpoenaed, on being offered the prescribed fee, shall attend as subpoenaed. (2) A subpoena issued under subsection (1) may be served by a person by showing it to the witness and delivering to him or her a copy of the subpoena, together with the fees. (3) Where a subpoena referred to in subsection (1) has been issued by a judge or clerk of the Provincial Court, it has the effect of a subpoena issued out of the Trial Division and a witness who does not attend in obedience to a subpoena is liable to contempt proceedings and is liable in the same manner as if he or she disobeyed a subpoena issued out of that court. 2006 cS-31.1 s70 Back to Top Enforcement proceedings 71. (1) Enforcement proceedings under this Act shall be brought in the court in which the original support order was obtained where, on the balance of convenience, it is appropriate to do so, unless some other court is specifically designated by this Act. (2) The balance of convenience under subsection (1) shall favour the debtor. 2006 cS-31.1 s71 Back to Top No liability 72. The minister, the minister responsible for the Income and Employment Support Act, the director or a person acting on behalf of the director is not liable for a loss or damage suffered by a person because of anything done or omitted to be done in good faith with respect to the enforcement of a support order. 2006 cS-31.1 s72 Back to Top Provision not enforceable 73. A provision in an agreement or support order by which a creditor agrees to, or that requires that a creditor (a) withdraw a support order that is registered with the director under this Act; or (b) file with the court that made the support order or the director a notice stating that the creditor does not wish to have a support order enforced by the director is not enforceable. 2006 cS-31.1 s73 Back to Top Rights under Act 74. The rights conferred by this Act are in addition to and not in substitution for rights conferred by another Act of the province. 2006 cS-31.1 s74 Back to Top Right of appeal 75. (1) An appeal lies from an order or decision made by a court under this Act within 30 days of the date of the order or decision appealed from (a) to the Court of Appeal where the order under appeal was made by a judge of the Trial Division; or (b) to the Trial Division where the order under appeal was made by a Provincial Court judge. (2) There is no appeal from an order or decision of the Trial Division with respect to an appeal from an order or decision of a Provincial Court judge made under paragraph (1)(b) except by leave of the Court of Appeal. 2006 cS-31.1 s75 ; 2009 c16 s9 Back to Top Fees and Forms 76. The minister may set fees and prescribe forms for the purpose and administration of this Act. 2006 cS-31.1 s76 Back to Top Regulations 77. The Lieutenant-Governor in Council may make regulations (a) respecting the manner of registering a support order by a creditor or debtor; (b) prescribing the rules for service of documents; (c) prescribing the time period and amount of persistent arrears; (d) prescribing what is a nominal amount of support owing under a support order; (e) respecting the information that can be disclosed under section 12 and the purposes for which it can be disclosed; (f) respecting the disclosure of financial information; (g) respecting the disclosure of additional information to a consumer reporting agency under subsection 13(2); (h) respecting the manner of calculating the cost of complying with attachment under paragraphs 44(3)(b) and 50(3)(b); (i) prescribing affected classes of licences issued under the Highway Traffic Act ; (j) respecting the manner of garnishing lottery prizes under section 56; and (k) generally, to give effect to the purpose of this Act. 2006 cS-31.1 s77 Back to Top Offence 78. (1) A person who (a) fails to file a statement of finances in accordance with this Act; (b) knowingly gives false information in a statement of finances filed with the director or the court; (c) fails to comply with a notice of garnishment; or (d) fails or refuses to provide information to the director upon request is guilty of an offence and liable on summary conviction to a fine of not more than $3,000 or to imprisonment for a term of not more than 90 days, or to both. (2) An offence under subsection (1) includes an offence by a corporation under the provisions of that subsection. 2006 cS-31.1 s78 Back to Top Transitional 79. The coming into force of this Act shall not affect or invalidate (a) enforcement activities under a support order where those activities had begun before the coming into force of this Act; or (b) any order made under the authority of the previous Act. 2006 cS-31.1 s79 Back to Top SNL2000 cE-11.1 Amdt. 80. Paragraph 3(1)(a) of the Enforcement of Canadian Judgments Act is amended by deleting the reference " Support Orders Enforcement Act " and substituting the reference " Support Orders Enforcement Act, 2006 ". 2006 cS-31.1 s80 Back to Top RSNL1990 cF-2 Amdt. 81. (1) Section 56 of the Family Law Act is amended by deleting the reference " Support Orders Enforcement Act " and substituting the reference " Support Orders Enforcement Act, 2006 ". (2) Subsection 65(5) of the Act is amended by deleting the reference " Support Orders Enforcement Act " and substituting the reference " Support Orders Enforcement Act, 2006 . 2006 cS-31.1 s81 Back to Top RSNL1990 cH-3 Amdt. 82. The Highway Traffic Act is amended by adding immediately after section 64 the following: Back to Top Suspension or cancellation 64.1 (1) Upon receiving direction from the Director of Support Enforcement under subsection 53(2) or 53(4) of the Support Orders Enforcement Act, 2006 , the Registrar shall, with respect to the person named in the direction and in accordance with the direction (a) by written order, suspend, cancel or refuse to renew the person's driver's licence; or (b) impose the specified conditions on the person's driver's licence. (2) Upon receiving direction from the Director of Support Enforcement under subsection 53(5) or 53(6) of the Support Orders Enforcement Act, 2006, the Registrar shall, with respect to the person named in the direction and in accordance with the direction (a) reinstate a driver's licence suspended or cancelled under this section; or (b) revoke conditions imposed on a driver's licence under this section. (3) The Registrar shall reinstate a driver's licence suspended or cancelled, or revoke conditions imposed on a driver's licence in accordance with an order of a court under subsection 53(9) of the Support Orders Enforcement Act, 2006 . (4) Notwithstanding subsection (2) or (3), the Registrar shall not reinstate a driver's licence under this section unless the Registrar is satisfied that the person meets all the requirements for the issuance of a driver's licence. (5) A person who holds a driver's licence which has been restricted under this section and drives a motor vehicle in contravention of any restriction imposed by the Registrar commits an offence. 2006 cS-31.1 s82 Back to Top SNL2002 cI-0.1 Amdt. 83. Section 40 of the Income and Employment Support Act is amended by deleting the reference " Support Orders Enforcement Act " and substituting the reference " Support Orders Enforcement Act, 2006" . 2006 cS-31.1 s83 Back to Top SNL2002 cI-19.2 Amdt. 84. Subsection 19(3) of the Interjurisdictional Support Orders Act is amended by deleting the reference " Support Orders Enforcement Act " and substituting the reference " Support Orders Enforcement Act, 2006 ". 2006 cS-31.1 s84 Back to Top SNL1996 cJ-1.1 Amdt. 85. (1) Paragraph 2(1)(bb) of the Judgment Enforcement Act is repealed and the following substituted: (bb) "judgment" includes an order, decree, certificate, duty or right that may be enforced as or in the same manner as a judgment of the court including a judgment made under the Small Claims Act and the Federal Court Act , but does not include a support order registered with the director under the Support Orders Enforcement Act, 2006 , except as provided in section 3; (2) Subsection 3(3) of the Act is repealed and the following substituted: (3) Notwithstanding subsection (1), where a support order filed with the director under the Support Orders Enforcement Act, 2006 is in arrears, the director appointed under that Act may register that support order in accordance with section 38 and that registered support order, to the extent of the arrears, shall be considered to be a notice of judgment to which this Act applies and the director shall be considered a creditor for the purpose of the Act. (3) Section 3 of the Act is amended by adding immediately after subsection (3) the following: (3.1) Notwithstanding paragraph 2(1)(bb) and subsection (3), where a support order is not filed with the director under the Support Orders Enforcement Act, 2006, that support order may be registered in accordance with section 38 and when registered it shall be considered to be a notice of judgment to which this Act applies. (4) Subsection 18(3) of the Act is amended by deleting the reference " Support Orders Enforcement Act " and substituting the reference " Support Orders Enforcement Act, 2006 ". (5) Subsection 121(2) of the Act is amended (a) in paragraph (e), by deleting the reference " Support Orders Enforcement Act " and substituting the reference " Support Orders Enforcement Act, 2006 "; and (b) in paragraph (f), by deleting the reference " Support Orders Enforcement Act " and substituting the reference " Support Orders Enforcement Act, 2006 ". 2006 cS-31.1 s85 Back to Top RSNL1990 cW-8 Amdt. 86. The Wild Life Act is amended by adding immediately after section 10 the following: Back to Top Suspension or cancellation 10.1 (1) Upon receiving a request from the Director of Support Enforcement under subsection 54(2) or section 55 of the Support Orders Enforcement Act, 2006 , the minister shall, with respect to the person named in the request and in accordance with the request by written order, suspend or cancel the person's licence. (2) Upon receiving a request from the Director of Support Enforcement under subsection 54(4) of the Support Orders Enforcement Act, 2006, the minister shall, with respect to the person named in the request and in accordance with the request, reinstate a licence suspended or cancelled under this section. (3) The minister shall reinstate a licence suspended or cancelled in accordance with an order of a court under subsection 54(7) of the Support Orders Enforcement Act, 2006 . (4) Notwithstanding subsection (2) or (3), the minister shall not reinstate a licence under this section unless the minister is satisfied that the person meets all the requirements for the issuance of a licence. (5) A person who holds a licence which has been suspended or cancelled under this section and who hunts or takes any action in contravention of this section commits an offence. 2006 cS-31.1 s86 Back to Top RSNL1990 cS-31 Rep. 86.1 The Support Orders Enforcement Act is repealed. 2006 c40 s19 Back to Top Commencement 87. This Act shall come into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Apr.

13/07) 2006 cS-31.1 s87