O. Reg. 258/06: GENERAL
filed June 9, 2006 under Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31Skip to content
ontario regulation 258/06
made under the
family Responsibility and Support Arrears enforcement act, 1996
Made: June 7, 2006
Filed: June 9, 2006
Published on e-Laws: June 13, 2006
Printed in The Ontario Gazette: June 24, 2006
Amending O. Reg. 167/97
1. Sections 1, 1.1, 2, 3, 4, 5 and 6 of Ontario Regulation 167/97 are revoked and the following substituted:
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”)
Termination of Support Obligation
2. (1) For the purposes of subsection 8 (3) of the Act (notice of death), notice of the payor’s death shall be given in writing and shall be 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 payor’s estate or any other supporting documentation providing satisfactory proof of the payor’s death.
(2) The notice and supporting documentation must be sufficient to identify the deceased person as the payor.
(3) Despite subsection (1), the supporting documentation need not be provided if the notice of the payor’s death 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.
3. For the purposes of clause 8 (4) (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.
4. (1) For the purposes of subsection 8 (5) 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.
(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.
5. (1) Subject to subsection (2), the Director shall notify the recipient if the Director receives notice under subsection 8 (5) 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.
(2) Subsection (1) does not apply if the support obligation terminates on a set calendar date specified in the support order.
(3) A recipient shall respond in writing to a request from the Director to confirm or deny that a support obligation has terminated.
(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.
(5) If the recipient denies all or part of the payor’s notice of termination, the Director shall notify the payor of the denial.
(6) The Director is not required to notify the payor on receiving notice under subsection 8 (5) of the Act from a recipient that a support obligation has terminated.
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.
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.
2. This Regulation comes into force on the later of the day section 3 of the Family Responsibility and Support Arrears Enforcement Amendment Act, 2005 comes into force and the day this Regulation is filed.