O. Reg. 385/05: GENERAL
filed June 24, 2005 under Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31
Skip to contentontario regulation 385/05
made under the
family responsibility and support arrears enforcement act, 1996
Made: June 22, 2005
Filed: June 24, 2005
Printed in The Ontario Gazette: July 9, 2005
Amending O. Reg. 167/97
(General)
1. Paragraph 4 of subsection 2 (1) of Ontario Regulation 167/97 is revoked and the following substituted:
4. The telephone numbers of the party submitting the notice.
4.1 If applicable, the work address, fax number and e-mail address of the party submitting the notice.
2. The Regulation is amended by adding the following sections:
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.
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.
3. (1) The heading immediately before section 9 of the Regulation is revoked and the following substituted:
Payment Interruption
(2) Section 9 of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
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):
. . . . .
4. The Regulation is amended by adding the following section:
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.
5. Sections 11, 12, 13, 13.1, 14 and 15 of the Regulation are revoked and the following substituted:
Alternative Payment Orders
11. An alternative payment order under section 28 of the Act shall be in Form 3.
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.
(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.
(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.
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.
(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.
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.
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.
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.
(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.
(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.
6. The English versions of the following provisions of the Regulation are amended by striking out “by telephone facsimile” wherever it appears and substituting in each case “by fax”:
1. Subsections 16 (1) and (2).
2. Clauses 17 (1) (a) and (2) (a).
3. Clause 18 (1) (b).
7. Subsection 16 (3) of the Regulation is revoked.
8. Subsection 17 (3) of the Regulation is revoked.
9. Section 19 of the Regulation is revoked and the following substituted:
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.
(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).
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.
10. Sections 21 and 22 of the Regulation are revoked and the following substituted:
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 Long-Term Care 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.
(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 Long-Term Care Act, 1994 and provided by a service provider within the meaning of that Act.
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.
(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.
Forms
23. The following forms, available on the Internet through http://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.
11. Forms 1 to 6 of the Regulation are revoked.