This provision sets fees for the Director to issue arrears statements, adjust records after direct payments, enforce support orders after persistent or wilful default, and process repeated filings, with some fee waivers and caps.
1. In this Regulation, “Director’s statement of arrears” means the Director’s statutory declaration setting out the amount of support arrears owed by a payor that have accrued while the support order (including any related support deduction order) is filed in the Director’s office; (“état de l’arriéré dressé par le directeur”) “direct payment” means a payment that is made by the payor directly to the recipient without passing through or being recorded by the Family Responsibility Office. (“versement direct”) O. Reg. 160/00, s. 1; O. Reg. 386/05, s. 1; O. Reg. 380/06, s. 1. 2. (1) Subject to section 3, the following fees charged by the Director are payable: 1. $25 for providing Director’s statement of arrears. 2. $100 for adjusting arrears records as a result of a direct payment. 3. $400 for a step taken by Director to enforce a support order (including any related support deduction order) in response to persistent or wilful default under any of the following: i. Section 37 of the Act. ii. Section 41 of the Act. iii. Section 42 of the Act. iv. Section 45 of the Act. v. Rule 29 of the Family Law Rules. vi. Part III of the Family Orders and Agreements Enforcement Assistance Act (Canada). 4. $50 for the repeated filing of a support order or support deduction order. O. Reg. 158/17, s. 1 (1). (2) If the Director takes more than one step during a nine-month period to enforce a support order (including any related support deduction order) in response to persistent or wilful default, the total fee for those steps shall not exceed $400. O. Reg. 160/00, s. 2 (2). (3) Revoked: O. Reg. 158/17, s. 1 (2). 3. (1) No fee is payable for issuing the first Director’s statement of arrears in respect of a support order (including any related support deduction order) that is requested by any of the following: 1. The payor or a lawyer or other person authorized by the payor to act on the payor’s behalf. 2. The recipient or a lawyer or other person authorized by the recipient to act on the recipient’s behalf. 3. A person or body listed in subsection 14 (1) of the Act. O. Reg. 160/00, s. 3 (1). (2) No fee is payable for issuing a Director’s statement of arrears that is requested by a support enforcement agency in a reciprocating jurisdiction under the Interjurisdictional Support Orders Act, 2002. O. Reg. 315/04, s. 2 (1). (3) No fee is payable for adjusting an arrears record as a result of a direct payment that is made before the Director first registers the support order or within three months after the Director first registers it. O. Reg. 160/00, s. 3 (3). (4) No fee is payable for processing a post-dated cheque that bears a date of October 31, 2004 or a later date. O. Reg. 315/04, s. 2 (2). (5) The fee for repeated filing of a support order or support deduction order is payable by each of the payor and the recipient, if a support order or support deduction order that was previously filed in the Director’s office, and was withdrawn under subsection 16 (1) of the Act on or after July 31, 2005, is filed in the Director’s office again, regardless of whether the payor or recipient files the order. O. Reg. 386/05, s. 3. (6) No fee for repeated filing of a support order or support deduction order is payable by a recipient who lives in a reciprocating jurisdiction under the Interjurisdictional Support Orders Act, 2002. O. Reg. 315/04, s. 2 (2). 4. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 160/00, s. 4.