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Bulletin information:

Issue Date: June 22, 1987
Legislation: Support and Custody Orders Enforcement Act, 1985

Bulletin content:

The Support and Custody Orders Enforcement Act, 1985 came into force on March 1, 1986. Section 10 permits a support order as defined by that Act to be registered against the land of a person against whom an obligation to pay money under the order is enforceable in Ontario. Upon registration, the support order becomes a charge on the property, and may be enforced by sale in the same manner as a sale to realize on a mortgage.

The definition of “support order” in the above Act includes a provision in a marriage contract, cohabitation agreement or separation agreement that is enforceable under Section 35 of the Family Law Act, 1986, as well as an order made by a court in or outside Ontario for providing for support payments or other provisions for support.

Support orders made by Ontario courts on and after March 1, 1986 will be filed by the clerk or registrar of the court in the office of the Director of Support and Custody Enforcement. Unless the person who instituted the proceedings files with the court and the Director a notice stating the person does not wish to have the order enforced by the Director or unless the order is withdrawn, the order will be enforced by the Director as will be marriage contracts, separation agreements and cohabitation agreements filed under Section 35 of the Family Law Act, 1986 and with the Director. Support orders made by courts outside Ontario may also be filed in the Director’s office and enforced by the Director unless notice to the contrary is given. Support orders are not filed in the Directory’s office, or filed and withdrawn, may be enforced by the person entitled to support thereunder.

Under both the land titles and registry systems, a statement that the document contains support provisions and is enforceable against the land described in Box 6 of the Document General pursuant to Section 10 of the Support and Custody Orders Enforcement Act, 1985 will be required at the time of registration of a support order.

In the land titles system, where a support order which has become a charge on property is being enforced by way of sale, the sale may be carried out in all cases, by the Director of Support & Custody Enforcement or by the person entitled to support, provided the Director consents to the sale. In the registry system, the land registrar need not ensure that the Director consents.

With respect to the discharge of a support order which has become a charge, the discharge may be given:

  1. by the Director;
  2. by court order pursuant to subsection 10(3) of the Support and Custody Enforcement Act, 1985; or
  3. by the person entitled to support with the consent of the Director. In the registry system, for the purpose of registration the consent of the Director is not required on a discharge executed by the person entitled to support. However, the land registrar will not rule out the charge, if the Director has not consented to the discharge.

Pursuant to subsection 2(6) of the Act, an enforcement office may act for the Director and in his or her name. An enforcement officer may, therefore, execute any document for the Director.

Attached herewith you will find some draft examples of support orders executed by the Director of Support & Custody Enforcement as well as by a person entitled to support.

This Bulletin supersedes Bulletin 86011.

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