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Family Responsibility and Support Arrears Enforcement Act, 1996

ONTARIO REGULATION 160/00

No Amendments

FEES CHARGED BY DIRECTOR

Historical Version for the period April 1, 2000 to October 7, 2004.

This is the English version of a bilingual regulation.

1. In this Regulation,

“confirmation of identity letter” means a letter issued by the Director stating that a named person is not the same person as another named person against whom the Director has caused a writ of seizure and sale to be issued and filed with a sheriff; (“lettre de confirmation d’identité”)

“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.

2. (1) Fees charged by the Director are payable as shown in the following Table, subject to section 3:

TABLE

Action Taken or Service Provided

Fee

   

Issuing Director’s statement of arrears

$25.00

Processing post-dated cheque

10.00

Issuing confirmation of identity letter

150.00

Adjusting arrears records as a result of a direct payment

100.00

Step taken by Director to enforce a support order (including any related support deduction order) in response to persistent or wilful default:

 

    — under section 37 of Act

400.00

    — under section 41 of Act

 

    — under section 42 of Act

 

    — under section 45 of Act

 

    — under Rule 29 of Family Law Rules

 

    — under Part III of Family Orders and Agreements Enforcement Assistance Act (Canada)

 

O. Reg. 160/00, s. 2 (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. (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 state under the Reciprocal Enforcement of Support Orders Act. O. Reg. 160/00, s. 3 (2).

(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. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 160/00, s. 4.