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Family Responsibility and Support Arrears Enforcement Act, 1996

ONTARIO REGULATION 167/97

GENERAL

Consolidation Period: From January 1, 2011 to the e-Laws currency date.

Last amendment: O. Reg. 489/10.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“appropriate authority” has the same meaning as in the Interjurisdictional Support Orders Act, 2002; (“autorité compétente”)

“reciprocating jurisdiction” has the same meaning as in the Interjurisdictional Support Orders Act, 2002. (“autorité pratiquant la réciprocité”) O. Reg. 258/06, s. 1.

1.1 Revoked: O. Reg. 258/06, s. 1.

Termination of Support Obligation

2. (1) For the purposes of clause 8 (2) (d) and subsection 8 (3) of the Act, notice of the death of the child entitled to support under a support order or of the payor’s death shall be,

(a) given in writing; and

(b) accompanied by a copy of the death certificate, a funeral notice, a copy of the certificate of appointment of estate trustee, a letter from the solicitor for the estate of the deceased person or any other supporting documentation providing satisfactory proof of the death of the deceased person. O. Reg. 489/10, s. 1 (1).

(2) The notice and supporting documentation must be sufficient to identify the deceased person as the child entitled to support under a support order or, as the case may be, the payor. O. Reg. 258/06, s. 1; O. Reg. 489/10, s. 1 (2).

(3) Despite subsection (1), the supporting documentation need not be provided if the notice satisfies the requirements of subsection (2) and is given to the Director by,

(a) a ministry, agency, board or commission of the Government of Ontario;

(b) the Government of Canada, a Crown corporation, the government of another province or territory or an agency, board or commission of such a government; or

(c) an appropriate authority in a reciprocating jurisdiction. O. Reg. 258/06, s. 1; O. Reg. 489/10, s. 1 (3).

3. For the purposes of clause 8 (2) (a) of the Act (agreement re termination), the matters agreed upon by the recipient and the payor shall be set out in writing,

(a) in a single document signed by both of them; or

(b) in separate documents, one signed by the recipient and the other signed by the payor. O. Reg. 258/06, s. 1; O. Reg. 489/10, s. 2.

4. (1) For the purposes of subsection 8 (4) of the Act (notice of termination), notice that a support obligation under a support order or support deduction order has terminated shall be in writing and shall contain the following information:

1. The case number assigned to the support order by the Director’s office.

2. The payor’s full name.

3. The recipient’s full name.

4. The address and telephone numbers of the party submitting the notice.

5. If applicable, the fax number, e-mail address and work address of the party submitting the notice.

6. The address and telephone numbers of the other party, if known.

7. Information sufficient to identify the specific support obligation that has terminated, including the date of the support order and the name of the dependant to which the support obligation relates.

8. The reason for the termination.

9. The date of the termination. O. Reg. 258/06, s. 1; O. Reg. 489/10, s. 3.

(2) The notice shall be given as soon as possible after the support obligation has terminated and may be given before the support obligation has terminated. O. Reg. 258/06, s. 1.

5. (1) Subject to subsection (2), the Director shall notify the recipient if the Director receives notice under subsection 8 (4) of the Act from a payor that a support obligation has terminated, and shall request that the recipient confirm or deny that the support obligation has terminated. O. Reg. 258/06, s. 1; O. Reg. 489/10, s. 4 (1).

(2) Subsection (1) does not apply if the support obligation terminates on a set calendar date specified in the support order. O. Reg. 258/06, s. 1.

(3) A recipient shall respond in writing to a request from the Director to confirm or deny that a support obligation has terminated. O. Reg. 258/06, s. 1.

(4) If the recipient confirms part, but not all, of the payor’s notice of termination, the parties are considered to have agreed that the support obligation has terminated to the extent of the confirmation. O. Reg. 258/06, s. 1.

(5) If the recipient denies all or part of the payor’s notice of termination, the Director shall notify the payor of the denial. O. Reg. 258/06, s. 1.

(6) The Director is not required to notify the payor on receiving notice under subsection 8 (4) of the Act from a recipient that a support obligation has terminated. O. Reg. 258/06, s. 1; O. Reg. 489/10, s. 4 (2).

6. The Director shall notify the parties to a support order or support deduction order if he or she decides to,

(a) discontinue enforcement of the support order under subsection 8.1 (1) of the Act;

(b) resume enforcement of the support order under subsection 8.1 (2) of the Act; or

(c) enforce a lesser amount of support under subsection 8.2 (1) of the Act. O. Reg. 258/06, s. 1.

6.1 If a payor’s or recipient’s most recent address as it is shown in the records in the Director’s office is in a reciprocating jurisdiction, the Director may send the notice referred to in subsection 5 (1) or section 6 to the appropriate authority in the reciprocating jurisdiction. O. Reg. 258/06, s. 1.

Support Deduction Orders

7. (1) A support deduction order shall be in Form 1. O. Reg. 167/97, s. 7 (1).

(2) A support deduction order information form shall be in Form 2. O. Reg. 167/97, s. 7 (2).

(3) The payor and the recipient shall complete Parts A and B of Form 2 before the support deduction order is made. O. Reg. 167/97, s. 7 (3).

(4) Despite subsection (3), if the payor has not responded to the motion, application or petition, the recipient alone shall complete Parts A and B of Form 2. O. Reg. 167/97, s. 7 (4).

(5) The clerk or registrar of the court shall ensure that Parts A and B of Form 2 are completed before the support deduction order is made. O. Reg. 167/97, s. 7 (5).

(6) The clerk or registrar shall complete Part C of Form 2 after the support deduction order is made. O. Reg. 167/97, s. 7 (6).

8. For the purposes of subsections 11 (2) and (3) of the Act (information re payor, income source), the prescribed information is all the information in Part A of the Support Deduction Order Information Form. O. Reg. 167/97, s. 8.

Withdrawal of Orders

8.1 A payor is in compliance for the purposes of subsection 16 (1.1) of the Act if, during the 12 months before the month in which the written notice of withdrawal is received by the Director,

(a) all support payments and all required arrears payments have been made consistently and in full; and

(b) the amount owing never exceeds the support payable for one month by more than $50. O. Reg. 385/05, s. 2.

Electronic Payments

8.2 The following methods of electronic transmission are prescribed for the purposes of subsection 22 (2.1) of the Act:

1. Corporate pre-authorized payment plan.

2. Electronic Corporate Link to Internet Payment Services (ECLIPS).

3. Electronic Data Interchange (EDI).

4. Family Responsibility Office Flat File.

5. On-line banking. O. Reg. 385/05, s. 2.

Payment Interruption

9. The following information shall be provided by an income source for the purposes of subsection 25 (1) of the Act (duty to inform re payment interruption):

1. The case number assigned to the support deduction order by the Director’s office.

2. The payor’s full name.

3. The name and address of the income source.

4. The name and telephone number of a contact person for the income source.

5. A statement indicating whether the payments are terminated or interrupted and the date of the termination or interruption.

6. The reason for the termination or interruption.

7. If the payments are interrupted, the date on which the payments are expected to resume, if the income source knows the date.

8. The name and address of any other income sources for the payor, if the income source knows of any. O. Reg. 167/97, s. 9; O. Reg. 385/05, s. 3 (2).

9.1 The following information shall be provided by a payor for the purposes of subsection 25 (1) of the Act (duty to inform re payment interruption):

1. The case number assigned to the support deduction order by the Director’s office.

2. The payor’s full name.

3. The payor’s telephone numbers.

4. If applicable, the payor’s work address, fax number and e-mail address.

5. The name and address of the income source.

6. The name and telephone number of a contact person for the income source.

7. A statement indicating whether the payments are terminated or interrupted and the date of the termination or interruption.

8. The reason for the termination or interruption.

9. If the payments are interrupted, the date on which the payments are expected to resume, if the payor knows the date.

10. The name and address of any other income sources for the payor. O. Reg. 385/05, s. 4.

10. A notice under subsection 26 (1) of the Act that an individual, corporation or other entity is not an income source shall be in Form 5. O. Reg. 167/97, s. 10.

Alternative Payment Orders

11. An alternative payment order under section 28 of the Act shall be in Form 3. O. Reg. 385/05, s. 5.

12. (1) If a court requires a payor to post security under clause 28 (4) (b) of the Act, the payor shall post the security with the Director by the earlier of,

(a) the day on which the first support payment under the support order is due after the alternative payment order is made; or

(b) 10 days after the alternative payment order is made. O. Reg. 385/05, s. 5.

(2) The following forms of security are prescribed for the purposes of subsection 28 (7) of the Act:

1. A money order payable to the Director.

2. A bank draft or certified cheque, payable to the Director and drawn on a bank listed in Schedule I or II to the Bank Act (Canada), a loan or trust corporation registered under the Loan and Trust Corporations Act or a credit union as defined in section 1 of the Credit Unions and Caisses Populaires Act, 1994.

3. A cheque payable to the Director and drawn on a lawyer’s trust account. O. Reg. 385/05, s. 5.

(3) The payor shall give the Director the following information and documents when posting the security:

1. The payor’s full name.

2. The payor’s home and work addresses, and mailing address if different.

3. The payor’s telephone numbers, and fax number, if any.

4. The recipient’s full name.

5. If known by the payor, the recipient’s home and work addresses, and mailing address if different.

6. If known by the payor, the recipient’s telephone numbers, and fax number, if any.

7. A copy of the alternative payment order.

8. If known by the payor, the case number assigned by the Director’s office. O. Reg. 385/05, s. 5.

13. (1) The Director shall use security that is realized under subsection 28 (14) of the Act to make payments to the recipient until regular payments in compliance with the support order are established to the Director’s satisfaction. O. Reg. 385/05, s. 5.

(2) The Director shall pay to the payor as soon as is practical, at the most recent address of the payor as shown on the records in the Director’s office, the amount of any security that remains when the regular payments are established to the Director’s satisfaction. O. Reg. 385/05, s. 5.

Suspension of Drivers’ Licences

13.1 An order that the Director refrain from directing the suspension of a payor’s driver’s licence shall be in Form 6. O. Reg. 385/05, s. 5.

Financial Statement and Proof of Income

14. A financial statement under clause 35 (7) (a) or subsection 40 (1) or 41 (1) of the Act shall be in Form 4. O. Reg. 385/05, s. 5.

15. (1) A payor who is required to provide proof of income under clause 35 (7) (b) or subsection 40 (1) or 41 (1) of the Act shall provide the following:

1. A copy of every personal income tax return filed by the payor with Canada Revenue Agency for the years determined under subsection (3), together with a copy of all material filed with each return, and a copy of every notice of assessment or re-assessment received for those years.

2. If the payor is an employee,

i. the three most recent statements of earnings indicating the payor’s total earnings to date for the current calendar year, including overtime, or

ii. if the employer does not provide a statement described in subparagraph i, a letter from the employer setting out that information, including the annual rate of remuneration.

3. If the payor is self-employed,

i. the financial statements of the payor’s business or professional practice, other than as a partner in a partnership, for the years determined under subsection (3), and

ii. statements for those years showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to or on behalf of persons or corporations with whom the payor does not deal at arm’s length.

4. If the payor is a partner in a partnership, confirmation of the payor’s income and draw from and capital in the partnership for the years determined under subsection (3).

5. If the payor controls a corporation,

i. the financial statements of the corporation and its subsidiaries for the years determined under subsection (3), and

ii. statements for those years showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to or on behalf of persons or corporations with whom the corporation or a related corporation does not deal at arm’s length.

6. If the payor is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s financial statements for the years determined under subsection (3).

7. If the payor receives income from a source other than the ones mentioned in paragraphs 2 to 6, including but not limited to employment insurance, social assistance, a pension, payments under the Workplace Safety and Insurance Act, 1997 and disability payments,

i. a statement from each applicable income source indicating the total amount received from that source during the current year, or

ii. if no statement described in subparagraph i is provided, a letter from the applicable income source setting out the required information.

8. Letters from the payor’s sources of income other than employers of the payor, verifying the payor’s income for the three consecutive payments made to the payor immediately before the date of the financial statement in Form 4.

9. Any other documents that are necessary to verify the income set out in the financial statement. O. Reg. 385/05, s. 5.

(2) For the purposes of paragraph 8 of subsection (1), a source of income may be a person who is not an income source within the meaning of the Act. O. Reg. 385/05, s. 5.

(3) The information described in paragraphs 1, 3, 4, 5 and 6 of subsection (1) shall be provided,

(a) for each of the three most recent taxation years, if arrears have accrued during three or fewer taxation years; or

(b) for each taxation year during which arrears accrued, if arrears have accrued during more than three taxation years. O. Reg. 385/05, s. 5.

Service and Delivery of Documents

16. (1) Service on the Director of a document under the Act may be made by personal delivery, by ordinary mail or by fax. O. Reg. 167/97, s. 16 (1); O. Reg. 385/05, s. 6.

(2) Anything required to be given to the Director in writing under the Act must be delivered by personal delivery, by ordinary mail or by fax. O. Reg. 167/97, s. 16 (2); O. Reg. 385/05, s. 6.

(3) Revoked: O. Reg. 385/05, s. 7.

17. (1) Service of a document by the Director under the Act may be made,

(a) by personal service, by ordinary mail, by fax or by another form of electronic transmission addressed to the person at the person’s most recent address as shown in the records in the Director’s office;

(b) by service on the person’s solicitor of record; or

(c) by depositing a copy of the document at a document exchange in which the person or the solicitor is a member or subscriber. O. Reg. 167/97, s. 17 (1); O. Reg. 385/05, s. 6.

(2) Documents that must or may be given to a payor, recipient or income source by the Director under the Act must be delivered,

(a) by personal delivery, by ordinary mail, by fax or by another form of electronic transmission addressed to the payor, recipient or income source at the most recent address as shown in the records in the Director’s office;

(b) by delivery to the solicitor of record for the payor, recipient or income source; or

(c) by depositing a copy of the document at a document exchange in which the payor, recipient, income source or solicitor is a member or subscriber. O. Reg. 167/97, s. 17 (2); O. Reg. 385/05, s. 6.

(3) Revoked: O. Reg. 385/05, s. 8.

(4) If there is a conflict between this section and the rules of court, the rules of court prevail. O. Reg. 167/97, s. 17 (4).

17.1 Service of a notice under Part V of the Act on a payor must be made by ordinary mail,

(a) addressed to the payor at his or her most recent address as shown in the records in the Director’s office; and

(b) addressed to the payor at his or her most recent address as shown in the records of the Registrar of Motor Vehicles, if this address is different than the address described in clause (a). O. Reg. 359/97, s. 2.

18. (1) Service on the Crown of a notice of a support deduction order or a notice of garnishment must be made,

(a) by personal service on the chief financial officer of the applicable administrative unit of the Crown or with an employee of the chief financial officer; or

(b) by ordinary mail, by fax or by another form of electronic transmission addressed to the chief financial officer at the head office of the applicable administrative unit of the Crown. O. Reg. 167/97, s. 18 (1); O. Reg. 385/05, s. 6.

(2) Notice of a support deduction order shall be deemed to have been served on the Crown on the day that is 30 days after the actual date of service. O. Reg. 167/97, s. 18 (2).

Application of Payments

19. (1) Subject to subsection (2), money paid on account of a support order and support deduction order shall be credited in the following manner:

1. To the principal of the most recent support accrual due and then to any interest owing on that principal.

2. To the principal balance outstanding and then to any interest owing on that principal in the manner set out in paragraph 1. O. Reg. 385/05, s. 9.

(2) Money paid may be credited in a manner other than that described in subsection (1) if,

(a) the support order has been assigned to an agency referred to in subsection 14 (1) of the Act, or to a social assistance provider referred to in subsection 14 (1.1) of the Act; and

(b) the support order and support deduction order require that money paid on account of the orders be credited in a manner other than that described in subsection (1). O. Reg. 385/05, s. 9.

19.1 Money paid to the Director on account of a support order for support of one or more children and a spouse shall be deemed to have been credited proportionately between the child support and spousal support, if so required for the purposes of reciprocal enforcement under the Interjurisdictional Support Orders Act, 2002. O. Reg. 385/05, s. 9.

Disclosure of Information by Director

20. For the purposes of section 47.1 of the Act, the following are prescribed entities to which the Director may disclose information:

1. The Law Society of Upper Canada.

2. Ontario Motor Vehicle Industry Council. O. Reg. 527/06, s. 1.

20.1 The following information may be disclosed by the Director under section 47 or 47.1 of the Act in addition to the information set out in clauses 47.2 (a) to (d) of the Act:

1. Any other name or any alias by which the payor is or has been known.

2. The payor’s date of birth.

3. The payor’s Social Insurance Number.

4. The payor’s last known home and work addresses.

5. In the case of a disclosure under section 47.1 of the Act, any membership or other number by which the entity identifies the payor.

6. A copy of the support order.

7. The steps taken by the Director to enforce the support order.

8. A sworn statement of arrears prepared by the Director in respect of the arrears owing under the support order at the time of the disclosure.

9. A copy of any document filed with the Director’s office in relation to the enforcement of the support order, or prepared by the Director for such purpose. O. Reg. 527/06, s. 1; O. Reg. 87/07, s. 1.

Definitions, Section 54 of Act

21. (1) For the purposes of subsection 54 (5) of the Act,

“health information” means information in oral or recorded form that identifies an individual, or could be used in any reasonably foreseeable way to identify an individual, if the information,

(a) relates to the physical or mental health of the individual, including information that consists of the health history of the individual’s family,

(b) relates to the provision of health care to the individual, including the identification of a person as a provider of health care to the individual,

(c) is a plan of service within the meaning of the Home Care and Community Services Act, 1994 for the individual,

(d) relates to payments for health care in respect of the individual,

(e) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any such body part or bodily substance,

(f) is the individual’s health number, or

(g) identifies an individual’s substitute decision-maker,

but does not include,

(h) information that relates to the fact that an individual has died or to the date of an individual’s death. O. Reg. 385/05, s. 10; O. Reg. 137/10, s. 1 (1).

(2) In this section,

“health care” means any observation, examination, assessment, care, service or procedure that is done for a health-related purpose and that,

(a) is carried out or provided to diagnose, treat or maintain an individual’s physical or mental condition,

(b) is carried out or provided to prevent disease or injury or to promote health, or

(c) is carried out or provided as part of palliative care,

and includes,

(d) the compounding, dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription, and

(e) a community service that is described in subsection 2 (3) of the Home Care and Community Services Act, 1994 and provided by a service provider within the meaning of that Act. O. Reg. 385/05, s. 10; O. Reg. 137/10, s. 1 (2).

Internet Posting

21.1 For the purposes of subsection 61.1 (1) of the Act, the following information relating to a payor, in addition to the payor’s name, may be posted by the Director on the Internet in accordance with that subsection:

1. Any other name or any alias by which the payor is or has been known.

2. A photograph of the payor, along with the date or approximate date on which the photograph was taken.

3. A physical description of the payor, including any distinguishing features.

4. The payor’s approximate age.

5. The payor’s last known location.

6. The payor’s usual employment or occupation.

7. Any language spoken by the payor. O. Reg. 527/06, s. 2; O. Reg. 87/07, s. 2.

21.2 For the purposes of clause 61.1 (1) (d) of the Act, the following conditions must be satisfied:

1. At least six months have passed since any payment was made by the payor under the support order.

2. The Director has taken all steps to enforce the support order that appear to him or her to be practical in the circumstances.

3. The Director has notified the recipient under the support order of his or her intention to post information relating to the payor on the Internet and the recipient has provided to the Director,

i. his or her written consent to the posting, and

ii. such documents, photographs or other information as the Director may require in the circumstances.

4. The Director is satisfied, on the basis of the information available to him or her through the performance of his or her duties under the Act, that it is appropriate in the circumstances to post information relating to the payor on the Internet. O. Reg. 527/06, s. 2.

Delivery of Payments to Recipients

22. (1) On the Director’s request, a recipient shall promptly provide the Director with the information and authorization required to enable the Director to deliver support payments to the recipient by direct deposit to an account with a financial institution. O. Reg. 385/05, s. 10.

(2) A recipient who has provided information and authorization described in subsection (1) to the Director shall, within 10 days after any change in the information or authorization, advise the Director of the details. O. Reg. 385/05, s. 10.

Forms

23. The following forms, available on the Internet through www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf, are prescribed:

1. Form 1, “Support Deduction Order”, dated June 15, 2005.

2. Form 2, “Support Deduction Order Information Form”, dated June 15, 2005.

3. Form 3, “Alternative Payment Order”, dated June 15, 2005.

4. Form 4, “Financial Statement”, dated June 15, 2005.

5. Form 5, “Notice to Family Responsibility Office by Income Source”, dated June 15, 2005.

6. Form 6, “Refraining Order”, dated June 15, 2005. O. Reg. 385/05, s. 10.

FORMS 1-6 Revoked: O. Reg. 385/05, s. 11.

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