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ontario regulation 527/06

made under the

Family Responsibility and Support Arrears Enforcement Act, 1996

Made: November 29, 2006
Filed: December 1, 2006
Published on e-Laws: December 4, 2006
Printed in The Ontario Gazette: December 16, 2006

Amending O. Reg. 167/97

(General)

1. The heading before section 20 and section 20 of Ontario Regulation 167/97 are revoked and the following substituted:

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.

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, that he or she considers appropriate to disclose in the circumstances.

2. The Regulation is amended by adding the following sections:

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 other identifying information that, in the Director’s opinion, may assist in locating the payor.

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.

3. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Section 1 comes into force on the later of the day subsection 36 (5) of the Family Responsibility and Support Arrears Enforcement Amendment Act, 2005 comes into force and the day this Regulation is filed.

(3) Section 2 comes into force on the later of the day section 35 of the Family Responsibility and Support Arrears Enforcement Amendment Act, 2005 comes into force and the day this Regulation is filed.

 

 

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