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Family Responsibility and Support Arrears Enforcement Act, 1996

Ontario regulation 160/00

FEES CHARGED BY DIRECTOR

Historical version for the period August 14, 2006 to May 28, 2017.

Last amendment:  O. Reg. 380/06.

This is the English version of a bilingual regulation.

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

TABLE

 

Action Taken or Service Provided

Fee

 

 

Providing Director’s statement of arrears

$25.00

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:

400.00

— under section 37 of Act

 

— 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)

 

Repeated filing of a support order or support deduction order

50.00

Note:  On the day section 22 of the Family Responsibility and Support Arrears Enforcement Amendment Act, 2005 comes into force, the Table is amended by adding “— under subsection 39.2 (2) of Act” after “— under section 37 of Act”.  See:  O. Reg. 386/05, ss. 2 (3), 4 (2).

O. Reg. 160/00, s. 2 (1); O. Reg. 315/04, s. 1 (1, 2); O. Reg. 386/05, s. 2 (1, 2); O. Reg. 380/06, s. 2.

(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) The fee for processing a post-dated cheque that was shown in the Table to subsection (1) as it read on October 30, 2004 is payable in respect of a post-dated cheque if it bears a date of October 30, 2004 or an earlier date.  O. Reg. 315/04, s. 1 (3).

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, 2002O. Reg. 315/04, s. 2 (2).

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