O. Reg. 167/97: GENERAL

under Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31

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Family Responsibility and Support Arrears Enforcement Act, 1996

ONTARIO REGULATION 167/97

Amended to O. Reg. 359/97

GENERAL

Historical version for the period September 29, 1997 to June 23, 2005.

This is the English version of a bilingual regulation.

Termination of Support Obligation

1. (1) For the purposes of subsection 8 (2) of the Act (notice of payor’s death), notice of the payor’s death must be given in writing and be accompanied by a copy of the death certificate, a funeral notice, a copy of the certificate of appointment of estate trustee or a letter from the solicitor for the payor’s estate. O. Reg. 359/97, s. 1.

(2) The notice and accompanying information must be sufficient to identify the deceased person as the payor. O. Reg. 359/97, s. 1.

1.1 For the purposes of paragraph 1 of subsection 8 (3) of the Act (agreement re termination), the matters agreed upon by the recipient and payor must be set out in writing and the agreement must be signed by the recipient and payor. O. Reg. 359/97, s. 1.

2. (1) For the purposes of subsection 8 (4) of the Act, notice that a support obligation under a support order or support deduction order is terminated must be in writing and must 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 telephone number of the party submitting the notice.

5. Information sufficient to identify the specific support obligation that is terminated including the date of the support order to which the support obligation relates.

6. The reason for the termination.

7. The date of the termination. O. Reg. 167/97, s. 2 (1).

(2) The notice must be given as soon as possible after the support obligation is terminated and may be given before the support obligation is terminated. O. Reg. 167/97, s. 2 (2).

3. (1) The Director shall notify the recipient when the Director receives notice from the payor that a support obligation is terminated and shall request that the recipient confirm the notice. O. Reg. 167/97, s. 3 (1).

(2) The Director is not required to request confirmation of the notice if the support obligation terminates on a calendar date specified in the support order. O. Reg. 167/97, s. 3 (2).

(3) A recipient who agrees with the notice shall give the Director confirmation in writing. O. Reg. 167/97, s. 3 (3).

4. (1) Until the Director receives confirmation of the notice, the support recipient and support payor under the support order or support deduction order are considered not to agree that the support obligation is terminated as set out in the notice. O. Reg. 167/97, s. 4 (1).

(2) If the recipient confirms part, but not all, of the notice, the parties are considered to have agreed that the support obligation is terminated to the extent of the confirmation. O. Reg. 167/97, s. 4 (2).

5. (1) The Director shall notify the payor when the Director receives notice or confirmation from the recipient that a support obligation is terminated. O. Reg. 167/97, s. 5 (1).

(2) The Director is not required to notify the payor if the support obligation terminates on a calendar date specified in the support order. O. Reg. 167/97, s. 5 (2).

6. If a payor’s or recipient’s most recent address as it is shown in the records in the Director’s office is outside Ontario, the Director may send the notice referred to in subsection 3 (1) or 5 (1) to an office or person in the other jurisdiction performing similar functions to those of the Director. O. Reg. 167/97, s. 6.

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.

Income Sources

9. The following information is prescribed 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.

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.

Suspension Orders

11. An order to suspend the operation of a support deduction order shall be in Form 3. O. Reg. 167/97, s. 11.

12. (1) If a court requires a payor to post security under clause 28 (3) (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 suspension order is made; or

(b) 10 days after the suspension order is made. O. Reg. 167/97, s. 12 (1).

(2) The following forms of security are prescribed for the purposes of subsection 28 (6) 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), the Province of Ontario Savings Office, 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. 167/97, s. 12 (2).

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

1. The payor’s full name, address and telephone number.

2. The recipient’s full name and, if known by the payor, the recipient’s address.

3. A copy of the suspension order or the court endorsement on the record setting out the terms of the order.

4. The date on which the suspension order was made.

5. The case number assigned to the support deduction order by the Director’s office, if known by the payor. O. Reg. 167/97, s. 12 (3).

13. (1) The Director shall use security that is realized under subsection 28 (13) of the Act to make payments to the recipient until regular payments in compliance with the support order are established to the satisfaction of the Director. O. Reg. 167/97, s. 13 (1).

(2) The Director shall pay to the payor as soon as is practical the amount of any security that remains when the regular payments are established to the satisfaction of the Director. The payment shall be made at the most recent address of the payor as shown on the records in the Director’s office. O. Reg. 167/97, s. 13 (2).

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. 359/97, s. 2.

Financial Statement and Proof of Income

14. A financial statement under subsection 40 (1) or 41 (1) of the Act shall be in Form 4. O. Reg. 167/97, s. 14.

15. The following types of proof of income are prescribed for the purposes of subsections 40 (1) and 41 (1) of the Act:

1. Either,

i. a copy of the payor’s income tax returns that were filed with the Department of National Revenue for the past three taxation years, together with a copy of all material filed with the returns and a copy of any notices of assessment or re-assessment received from the Department for those years, or

ii. a statement from the Department of National Revenue that the payor has not filed any income tax returns for the past three taxation years.

2. Copies of pay cheques, pay stubs or other pay statements for the three consecutive pay periods immediately preceding the date of the financial statement.

3. A copy of the financial statements for any business in which the payor has held an interest during the 12 months immediately preceding the date of the financial statement.

4. Letters from the payor’s sources of income verifying the payor’s income for the three consecutive payments made to the payor immediately before the date of the financial statement. For the purposes of this paragraph, a source of income may be a person who is not an income source within the meaning of the Act.

5. Such other documents as may be necessary to verify the information set out in the financial statement. O. Reg. 167/97, s. 15.

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 telephone facsimile. O. Reg. 167/97, s. 16 (1).

(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 telephone facsimile. O. Reg. 167/97, s. 16 (2).

(3) Service on the Director of a document under the Act shall be deemed to have been made five days after the date of service as determined in accordance with the Rules of Civil Procedure made under the Courts of Justice Act. O. Reg. 167/97, s. 16 (3).

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

(a) by personal service, by ordinary mail, by telephone facsimile 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).

(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 telephone facsimile 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).

(3) Service by ordinary mail on a payor, recipient or income source shall be deemed to have been made five days after the date of service as determined under the Rules of Civil Procedure made under the Courts of Justice Act. O. Reg. 167/97, s. 17 (3).

(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 telephone facsimile 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).

(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. Money paid on account of a support order and support deduction order shall be credited in the following order:

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. 167/97, s. 19.

Consumer Reporting Information

20. The following information may be disclosed by the Director to a consumer reporting agency:

1. Current address of payor as shown in the records in the Director’s office.

2. The payor’s date of birth.

3. The Family Responsibility Office case number. O. Reg. 167/97, s. 20.

21. Omitted (revokes other Regulations). O. Reg. 167/97, s. 21.

22. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 167/97, s. 22.

FORM 1
SUPPORT DEDUCTION ORDER