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Fifth Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 14

THE FAMILY MAINTENANCE AMENDMENT AND INTER-JURISDICTIONAL SUPPORT ORDERS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE FAMILY MAINTENANCE ACT

C.C.S.M. c. F20 amended

1           The Family Maintenance Act is amended by this Part.

2(1)        Subsection 39.1(3) is amended by adding "as of the day specified in the order recalculating child support made by the child support service.  That day may not be earlier than three months after the recalculation commencement date specified by the court in the order requiring the child support service to recalculate the amount of the child support order" at the end.

2(2)        Subsection 39.1(4) is replaced with the following:

Liability

39.1(4)     The person against whom a child support order is made becomes liable to pay the recalculated amount as set out in the order made by the child support service, as of the day the amount becomes payable under subsection (3).

Suspension

39.1(4.1)   The operation of subsection (4) is suspended until 31 days after both parties to the child support order have been notified of the recalculation in the manner provided for in the child support guidelines.

2(3)        Subsection 39.1(5) of the English version is amended by striking out "amount of the order as recalculated pursuant to this section" and substituting "recalculated amount".

2(4)        The following is added after subsection 39.1(5):

If no application to vary made

39.1(5.1)   If no application to vary is made under subsection (5), the person against whom the order was made becomes liable to pay the recalculated amount as of the day the amount becomes payable under subsection (3).

2(5)        Subsection 39.1(6) is amended

(a) in the section heading, by adding "to vary" at the end; and

(b) in the subsection, by adding "further" before "suspended".

2(6)        Subsection 39.1(7) is amended by striking out everything after "liable to pay" and substituting "the recalculated amount as of the day the amount becomes payable under subsection (3)".

3           The following is added after section 39.1:

Child support service may request information

39.1.1(1)   The child support service may in writing request a person, the government or an agency of the government to provide in writing any information in the possession or control of the person, government or agency about a party to a child support order to be recalculated, respecting

(a) the party's address or whereabouts;

(b) the name and address of the party's employer; and

(c) the financial information required from the party under this Act or the child support guidelines, whether or not an appointment has been made under subsection 39.1(2).

Service of request for information

39.1.1(2)   A request for information made by the child support service under subsection (1) may be served

(a) personally;

(b) by sending it by ordinary mail, in which case it is deemed to be served on the fifth day after the day it is mailed; or

(c) by sending it by fax, in which case it is deemed to be served on the day it is sent.

Information to be provided

39.1.1(3)   Despite any provision in any Act or regulation or any other law, a person, government or agency served with a request from the child support service under subsection (1) shall

(a) comply with the request; and

(b) provide the requested information without fee within 21 days after service of the request.

If information not provided

39.1.1(4)   If the child support service does not receive information requested under subsection (1) within 21 days after service of the request, the child support service may take any action it considers advisable, including applying to a judge or master for an order under subsection (5).

Information order

39.1.1(5)   On motion by the child support service, a judge or master may make an order, subject to such terms and conditions as the judge or master considers advisable, compelling a person, the government or an agency of the government to give the requested information to the child support service.

Crown bound

39.1.1(6)   Her Majesty in right of Manitoba is bound by this section.

4           Clause 39.2(2)(h) is amended by striking out "and providing for sanctions when that information is not provided" and substituting ", deeming income if that information is not produced, and providing for sanctions".

5           Section 52 is amended by adding the following definitions:

"designated authority" has the same meaning as in The Inter-jurisdictional Support Orders Act; (« autorité désignée »)

"reciprocating jurisdiction" has the same meaning as in The Inter-jurisdictional Support Orders Act; (« État pratiquant la réciprocité »)

6(1)        Subsection 55(2) is amended

(a) in the section heading of the English version, by striking out "re parties to order"; and

(b) in the subsection, by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):

(c) the whereabouts of a person named in a request to locate, as defined in The Inter-jurisdictional Support Orders Act, upon the request of the designated authority.

6(2)        The following is added after subsection 55(2):

Access to information or databanks

55(2.0.1)   If information described in subsection (2) is included in a database or other collection of information maintained by a department of the government or a government agency, instead of a written request being made under subsection (2), the designated officer and the department of the government or government agency may enter into an arrangement permitting the designated officer to have access to the database or collection to the extent necessary to obtain the information required under subsection (2).  The arrangement must include reasonable security arrangements to protect information against such risks as unauthorized access, use, disclosure and destruction.

6(3)        Subsection 55(2.2) is amended

(a) by replacing clause (b) with the following:

(b) give it to an appropriate authority in a reciprocating jurisdiction for the purpose of enforcement of a support order as defined in The Inter-jurisdictional Support Orders Act;

(b) by replacing clause (d) with the following:

(d) give the information referred to in clauses (2)(a) and (c) and subclauses (2)(b)(i) and (ii) to a designated authority for the purpose of carrying out its powers and duties under The Inter-jurisdictional Support Orders Act; or

(e) give the information referred to in clause (2)(a) and subclauses (2)(b)(i) and (ii) to the child support service established under section 39.1 for the purpose of carrying out its powers and duties.

6(4)        Subsections 55(2.3) and (2.4) are replaced with the following:

Information to be provided

55(2.3)     Despite any provision in any Act or regulation or any other law, a person, government or agency served with a request under subsection (2) or a person served with a request under subsection (2.1) shall

(a) comply with the request; and

(b) provide the requested information without fee within 21 days after service of the request.

Service of request for information

55(2.4)     A request for information made by the designated officer under subsection (2) or (2.1) may be served

(a) personally; or

(b) by sending it by ordinary mail, in which case it is deemed to be served on the fifth day after the day it is mailed.

Service of certain requests by fax

55(2.4.1)   In addition to the methods of service in subsection (2.4), a request for information made under subsection (2) may be served by sending it by fax, in which case it is deemed to be served on the day it is sent.

6(5)        Subsection 55(2.5) is amended in the part before clause (a) by striking out "necessary or".

PART 2

THE INTER-JURISDICTIONAL SUPPORT ORDERS ACT

C.C.S.M. c. I60 amended

7           The Inter-jurisdictional Support Orders Act is amended by this Part.

8           Section 1 is amended by adding the following definitions:

"designated officer" has the same meaning as in The Family Maintenance Act; (« fonctionnaire désigné »)

"inter-jurisdictional application" means a support application, a support variation application, or a request to register an extra-provincial or foreign order under this Act; (« demande interterritoriale »)

"request to locate" means a written request to locate a person for the purpose of facilitating a proceeding relating to the establishment, variation, registration or enforcement of a support order; (« demande de recherche d'une personne »)

9           The section heading for subsection 31(2) is replaced with "Choice of law re amount of child support".

10          The heading for Division 3 is replaced with "VARYING CERTAIN SUPPORT ORDERS".

11          The following is added before section 35:

Application of Division

34.1        This Division applies to the variation of a support order, other than a variation that is commenced by a support variation application under Division 1 or 2.

12          Subsection 35(1) is replaced with the following:

Jurisdiction of Manitoba court

35(1)       The Manitoba court, after taking into account any right of a government or an agency of a government under section 39, may vary

(a) a support order that was made or registered in Manitoba under this Act or the former Act,

(i) if both the applicant and respondent accept the Manitoba court's jurisdiction, or

(ii) if the respondent is ordinarily resident in Manitoba; or

(b) any support order, if the applicant is ordinarily resident in Manitoba and the respondent

(i) is no longer ordinarily resident in a reciprocating jurisdiction, or

(ii) is ordinarily resident in a reciprocating jurisdiction that cannot under its laws, or will not, facilitate the determination of a support variation application under section 25.

13          The following is added after subsection 35(2):

Notice of application to designated authority

35(3)       In addition to the service requirements under the Court of Queen's Bench Rules, notice of an application under subclause (1)(b)(ii) must be given to the designated authority at least 10 days before the first court appearance date.

14          The following is added after section 37:

Request to locate made to designated officer

37.1(1)     The designated authority may make a request to locate to the designated officer for the purpose of obtaining information respecting

(a) the whereabouts of a person who is named in an inter-jurisdictional application; or

(b) the whereabouts of a person who is named in a request to locate received by the designated authority from an appropriate authority in a reciprocating jurisdiction, to enable the appropriate authority to determine if an inter-jurisdictional application should be sent to Manitoba.

Advising if person located

37.1(2)     With respect to a request to locate made under clause (1)(b), the designated authority may respond to the request by advising the appropriate authority in the reciprocating jurisdiction whether or not the person has been located in Manitoba, but the designated authority must not disclose specific locate information received from the designated officer.

Information confidential

37.2        Information received under this Act by the designated authority is confidential, except that the designated authority may use and disclose the information for the purpose of carrying out its duties and powers in accordance with this Act and the regulations.

PART 3

COMING INTO FORCE

Coming into force

15          This Act comes into force on the day it receives royal assent.

Explanatory Note

The Bill enhances the ability to locate persons in cases of child support recalculation, maintenance enforcement and inter-jurisdictional support, and the ability to obtain financial information needed to recalculate or enforce support. It encourages prompt financial disclosure in child support recalculation cases by allowing recalculated orders to take effect earlier.  The Bill also clarifies the Manitoba court's jurisdiction to vary certain support orders in inter-jurisdictional cases.