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S.M. 1995, c. 3

The Maintenance Enforcement (Various Acts Amendment) Act

(Assented to June 30, 1995)

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

PART 1

THE COURT OF QUEEN'S BENCH ACT

C.C.S.M. c. C280 amended

1           The Court of Queen's Bench Act is amended in the definition "family proceeding" in section 41 by adding the following after clause (t):

(u) sections 13 to 14.3 of The Garnishment Act;

PART 2

THE FAMILY MAINTENANCE ACT

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

2           The Family Maintenance Act is amended by this Part.

3           Subsection 53(3.3) is amended by striking out "the provisions of this Part apply to the agreement." and substituting the following:

(a) the provisions of this Part apply to the agreement; and

(b) where the agreement conflicts with the terms of an order, the order prevails for the purpose of this Part except in respect of the enforcement of a final order under The Reciprocal Enforcement of Maintenance Orders Act, in which case that Act applies.

4           The following is added after section 53:

Clarification of order

53.1        Where a party to an order does not agree with the designated officer's interpretation of the maintenance provisions in the order, the onus is on the party to apply to the court to have it clarified.

5           The following is added after subsection 54(2):

Designated officer may specify manner of payment

54(2.1)     Notwithstanding subsection (1) and any provision of an order respecting the manner in which a maintenance payment is to be made, the designated officer may refuse a payment made in respect of the order and require it to be made in a manner he or she considers necessary or advisable, which may include cash, certified cheque or money order.

6(1)        Subsections 55(1) and (2) are repealed and the following is substituted:

Designated officer to take action on default

55(1)       Where it appears to a designated officer that a person required to make payments under an order is in default, the officer shall take such action as he or she considers necessary or advisable to determine whether the person is in default and the amount of any default, and to enforce the payment of any amount in default.

Designated officer may request information re parties to order

55(2)       The designated officer may in writing request a person, the government or an agency of government to provide in writing any information in the possession or control of the person, government or agency respecting

(a) the whereabouts of a person entitled to receive maintenance under an order; or

(b) a person required to pay maintenance under an order, including

(i) the whereabouts of the person,

(ii) the name and address of the person's employer,

(iii) the person's financial means, including source of income and payroll records,

(iv) the person's assets and liabilities, including any asset transferred to a third party,

(v) the person's pension benefits and pension benefit credits, as defined under The Pension Benefits Act,

(vi) the person's income tax returns and assessment notices,

(vii) the person's social insurance number, and

(viii) circumstances that affect or could affect the amount of maintenance paid under the order.

6(2)        The section heading for subsection 55(2.1) is repealed and "Payor and payee to provide information" is substituted.

6(3)        Subsection 55(2.2) is repealed and the following is substituted:

Disclosure of information

55(2.2)     Information received by the designated officer under this Part is confidential, but the officer may use the information to enforce an order under this Part and may provide the information to a person in another jurisdiction who in the officer's opinion performs functions that are the same as or similar to those performed by the officer under this Part.

6(4)        The following is added after subsection 55(2.2):

Information to be provided

55(2.3)     Notwithstanding anything to the contrary in any Act of the Legislature, a person, government or agency served with a request under subsection (2) or a person from whom the designated officer requests information pursuant to subsection (2.1) shall provide the requested information without fee within 21 days after the day the request is mailed, and the disclosure of the information is deemed not to contravene any Act or regulation or common law rule of confidentiality.

Service of request for information

55(2.4)     A request for information pursuant to subsection (2) or (2.1) may be sent by ordinary mail and is deemed to be served on the fifth day after the day it is mailed.

Application for order to provide information

55(2.5)     Where the designated officer does not receive information requested in writing pursuant to subsection (2) or (2.1), the officer may apply to a judge or master, on notice served personally or in any other manner a judge or master may direct, on the person from whom the information was requested or on whom the request was served, for an order that the person be required to provide the requested information within such time as the judge or master considers reasonable and subject to any condition the judge or master considers necessary or advisable.

6(5)        Subsection 55(3) is amended by striking out "subsection (2)" and substituting "subsection (2.3)".

6(6)        Subsection 55(4) is amended

(a) by repealing the section heading and the part preceding clause (a) and substituting the following:

Designated officer may initiate action

55(4)       Whether or not any other enforcement proceedings are being taken, the designated officer may take one or more of the following actions in respect of the person required to make payments under an order

(b) by adding the following after clause (h):

(i) Providing a personal reporting agency, as defined under The Personal Investigations Act, a computer print-out that is certified by the designated officer and shows that the person is in default under the order, but the designated officer shall not provide, notwithstanding clause 4(e) of that Act, the address of the person entitled to receive the maintenance.

7(1)        Subsection 56(2) is amended

(a) by repealing the part preceding clause (a) and substituting the following:

56(2)        At the conclusion of the examination, the deputy registrar shall forthwith provide the designated officer with the information obtained at the examination, including a copy of the financial statement filed under clause (1)(b), and may

(b) by repealing clause (d);

(c) in clause (e), by striking out "interim";

(d) by repealing the part of clause (f) preceding subclause (i) and substituting "adjourn the examination with or without conditions for not more than 28 days, or such longer period as is agreed to by the designated officer, to permit"; and

(e) in subclause (f)(iv), by striking out "to opt out of the enforcement program pursuant to subsection 53(3)" and substituting "to file a statement under subsection 53(3) respecting the application of this Part to the order".

7(2)        Subsections 56(4) and (5) are repealed and the following is substituted:

Hearing re order made under clause (2)(e)

56(4)       Where the deputy registrar makes an order under clause (2)(e), the designated officer

(a) shall without delay advise the person entitled to receive the maintenance of the terms of the order; and

(b) taking into consideration any concern expressed by the person, may within 28 days after the day the order was made issue a summons, to be served personally or in any other manner a judge or master may direct, for the person required to pay maintenance to appear at a hearing before a judge or master at a time and place specified in the summons to consider and determine only the payment of arrears.

Order remains in force

56(5)       Where the designated officer issues a summons under subsection (4), the order made under clause (2)(e) remains in force until an order is made by a judge or master after the conclusion of the hearing under subsection (4).

8(1)        Subsection 57(3) is repealed and the following is substituted:

Powers of judge or master

57(3)       At a hearing under this section, the judge or master shall consider the evidence adduced and may make one or more of the following orders in respect of the person required to pay maintenance:

(a) where the judge or master finds that the person is wilfully in default, fining the person not more than $1000. or imprisoning the person for not more than 90 days, or both;

(b) requiring payment of the arrears in full by a specified date;

(c) requiring periodic payments on the arrears;

(d) adjourning the hearing with or without conditions where the judge or master is satisfied that the person

(i) cannot at that time make payments on the arrears, or

(ii) reasonably requires time to obtain counsel, provide additional financial or other information to the court, or make specified payments on the arrears;

(e) requiring the deposit of a specified amount of money in the court or with a person the judge or master considers appropriate, to be held as security and for use in the event of a default in payment under the order of maintenance or an increase in the payment under a later order;

(f) requiring the deposit of security in a form other than money to ensure that payments are made under the order of maintenance;

(g) dismissing the proceedings.

8(2)        The following is added after subsection 57(3.1):

Burden of proof under clause (3)(a)

57(3.2)     For the purpose of clause (3)(a), the burden of proving that the default is not wilful is on the person in default.

8(3)        Subsection 57(4) is amended

(a) in the English version of the part preceding clause (a) by striking out "clause 3(b)" and substituting "clause (3)(b)";

(b) in clause (a), by striking out "$500." and substituting "$1000."; and

(c) by repealing clauses (b) and (d).

8(4)        The following is added after subsection 57(4):

Continuation of adjourned hearing

57(4.1)     A hearing that is adjourned by a judge or master under clause (3)(d) after evidence has been adduced shall be continued before the same judge or master.

8(5)        Subsection 57(7) is amended

(a) by repealing the section heading and substituting "Appeal from master to Q.B. judge"; and

(b) by striking out "by way of a new trial" and substituting "based on the record of the evidence that resulted in the order under appeal".

9           The following is added after section 59:

Definition of "registrar"

59.1(1)     In this section and section 59.2, "registrar" means registrar as defined in The Highway Traffic Act.

Notice of possible action under H.T. Act

59.1(2)     Where a person who is required under an order enforced under this Part to make maintenance payments defaults in payment, the designated officer may give notice to the person that if the person does not comply with the requirements of this section action will be taken under section 273.1 of The Highway Traffic Act without further notice to the person.

Content of notice

59.1(3)     The notice shall advise that the action under The Highway Traffic Act will be taken if the person in default does not, within 30 days after the day the notice is served,

(a) propose to the designated officer a plan for payment of the arrears that the officer considers reasonable; or

(b) request the officer to arrange a hearing before a judge or master to determine payment of the arrears.

Service of notice

59.1(4)     The notice referred to in subsection (2) shall be served on the person in default

(a) personally; or

(b) by registered or certified mail addressed to the person in default at his or her last known address as shown in the records maintained by the designated officer, and when so mailed there is a rebuttable presumption that the notice was received by the person.

Hearing before judge or master

59.1(5)     Where, within the time referred to in subsection (3), the person in default requests that payment of the arrears be determined by a judge or master, the officer shall issue a summons to be served personally or in any other manner a judge or master may direct, for the person in default to appear at a hearing before a judge or master at a time and place specified in the summons to consider and determine only the payment of arrears.

Notice to registrar of non-compliance

59.1(6)     The designated officer may in accordance with the regulations give notice to the registrar for the purpose of section 273.1 of The Highway Traffic Act that the person in default

(a) did not respond to the notice under subsection (2) within the time referred to in subsection (3);

(b) did not within the time referred to in subsection (3) propose a plan that the officer considers reasonable or request that the payment of arrears be determined by a judge or master;

(c) failed to appear at a hearing under subsection (5); or

(d) defaulted in payment under a plan accepted by the officer or an order made by a judge or master pursuant to subsection (5).

Proposal for payment of arrears

59.1(7)     Where, after the designated officer gives notice to the registrar under subsection (6), the person in default proposes a payment plan that the officer considers reasonable, the officer shall take any action that he or she must take to implement the plan.

Notice to registrar of compliance

59.1(8)     The designated officer shall give further notice to the registrar in respect of a person referred to in a notice under subsection (6) when

(a) the person is no longer in default;

(b) the person is complying with an order made by a judge or master pursuant to subsection (5) or a proposal accepted by the officer under subsection (7); or

(c) the order is no longer enforced under this Part.

Regulations

59.1(9)     The Lieutenant Governor in Council may make regulations

(a) respecting the content of a notice under subsection (2);

(b) governing how the designated officer carries out his or her powers and duties under this section;

(c) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section.

Where person in default not served

59.2        Where the designated officer is unable to effect service of a notice referred to in subsection 59.1(2) on a person in default, the officer may give notice to the registrar for the purpose of section 273.2 of The Highway Traffic Act.

10          Subsection 61(1) is repealed and the following is substituted:

No time limitation on enforcement of arrears

61(1)       Subject to subsection (4), no time limitation applies in respect of the enforcement and recovery of a lump sum of maintenance or periodic payments of maintenance in default under an order.

11          The following is added after section 61:

Immunity for acts or omissions in good faith

61.1        No action or proceeding may be commenced or costs assessed against a designated officer for any act done in good faith in the performance of a duty or the exercise of a power under this Part, or for any neglect or default in the performance of the duty or the exercise of the power in good faith.

PART 3

THE GARNISHMENT ACT

C.C.S.M. c. G20 amended

12          The Garnishment Act is amended by this Part.

13          The heading "DEFINITIONS AND APPLICATION" is added before section 1.

14          The heading "SERVICE" is added before section 4.

15          The heading "EXEMPTIONS" is added before section 5.

16          Section 7 is amended

(a) by repealing the section heading and substituting "Exemption re garnishment for maintenance";

(b) in the part preceding clause (a) in the English version, by striking out "by virtue of, or"; and

(c) by repealing clauses (a) to (c) and substituting "a maintenance order as defined in section 13".

17          The heading "VARIATION OF EXEMPTIONS" is added before section 8.

18(1)       The heading "RELEASE OF GARNISHMENT" is added before section 9.

18(2)       Subsection 9(1) is amended

(a) by striking out "Where a garnishment order has been made against the debtor, he" and substituting "Subject to section 13.7, a debtor against whom a garnishing order has been made"; and

(b) by adding "or she" after "he".

19          Section 10 of the English version is amended by striking out "garnishment order" and substituting "garnishing order".

20          The heading "GARNISHMENT OF WAGES" is added before section 11.

21(1)       Subsection 12(1) is amended

(a) in clause (c), by repealing subclauses (i) to (iii) and substituting the following:

(i) a maintenance order as defined in section 13, or

(b) in clause (e), by repealing subclauses (i) to (iii) and substituting "a maintenance order as defined in section 13,".

21(2)       Subsection 12(3) is amended by repealing clauses (a) to (c) and substituting "a maintenance order as defined in section 13".

22          Section 13 is repealed and the following is substituted:

ENFORCEMENT OF MAINTENANCE

ORDERS

Garnishment of Money and Wages

Definitions

13          In sections 13.1 to 14.3,

"designated officer" means designated officer as defined in Part VI of The Family Maintenance Act; (« fonctionnaire désigné »)

"judgment debtor" means a person against whom a maintenance order is made; (« débiteur judiciaire »)

"maintenance order" means

(a) an order or interim order for maintenance or alimony, including an order made under

(i) The Child and Family Services Act,

(ii) The Child Welfare Act (now repealed),

(iii) The Family Maintenance Act,

(iv) The Wives' and Children's Maintenance Act (now repealed), or

(v) the Divorce Act (Canada),

(b) the maintenance provisions of a separation agreement filed under Part VI of The Family Maintenance Act,

(c) a maintenance order, provisional maintenance order or interim maintenance order made in a jurisdiction outside of Manitoba and registered or confirmed in Manitoba under The Reciprocal Enforcement of Maintenance Orders Act, or

(d) the maintenance provisions of a written agreement made in a jurisdiction outside of Manitoba and registered in Manitoba under The Reciprocal Enforcement of Maintenance Orders Act. (« ordonnance alimentaire »)

Continuing effect of garnishment for maintenance

13.1        A garnishing order that is obtained by a person entitled to maintenance under a maintenance order or by the designated officer on behalf of the person and that is served on the garnishee binds, for as long as the garnishing order remains in force,

(a) in respect of money other than wages, all money owing or payable to the judgment debtor by the garnishee at the time of service, and all such money that becomes owing or payable from time to time after the day of service to the judgment debtor by the garnishee; and

(b) wages that are due and payable by the garnishee to the judgment debtor on and after the first day other than a holiday after the day of service.

Garnishment of jointly held money

13.2(1)     Subject to subsection (2), a maintenance order may be enforced by garnishment of money that is held jointly by the judgment debtor and one or more other persons, and where such a garnishing order is served on a garnishee,

(a) all the money is presumed for the purpose of the garnishing order to be owned by the judgment debtor; and

(b) the garnishing order binds all the money owing or payable by the garnishee on the day of service, and all such money that becomes owing or payable from time to time after the day of service to the judgment debtor by the garnishee for as long as the garnishing order remains in force.

Only designated officer may obtain order

13.2(2)     A garnishing order pursuant to subsection (1) may be obtained only by the designated officer acting on behalf of a person entitled to maintenance under a maintenance order.

Application to court to determine interests

13.2(3)     Notwithstanding clause (1)(a), the judgment debtor or any person who holds money jointly with the judgment debtor may apply to the court that issued the garnishing order for an order that

(a) the interest of the judgment debtor in the garnished money is less than the amount garnished; and

(b) the part of the garnished money in excess of the judgment debtor's interest be distributed to the other joint holder or holders in accordance with their interests.

Burden of proof

13.2(4)     In a proceeding under subsection (3), the burden of establishing that the interest of the judgment debtor is less than the amount garnished is on the person who makes the application.

Notice of application to court

13.2(5)     Notice of an application made under subsection (3) must be served on the designated officer and each person who holds the garnished money jointly within 21 days after the garnishing order is served on the garnishee.

Garnishee to remit garnished money

13.3(1)     Notwithstanding any other Act or regulation made under an Act, a garnishee who has been served with a garnishing order pursuant to section 13.1 or subsection 13.2(1) shall, for as long as the garnishing order remains in force, remit any amount payable under it to the person to whom the order requires the money to be paid or, where the order has no such requirement, to the court that issued the order.

Garnishee to deliver or mail copy of order

13.3(2)     At the time of service of a garnishing order upon a garnishee, the garnishor shall leave with the garnishee

(a) in the case of an order under section 13.1, an extra copy of the order which the garnishee shall deliver or mail to the judgment debtor without delay; and

(b) in the case of an order under subsection 13.2(1), at least two copies of the order, and the garnishee shall without delay deliver or mail a copy to each person who holds the garnished money jointly.

Garnishee's entitlement to costs

13.3(3)     A garnishee on whom a garnishing order is served under section 13.1, subsection 13.2(1) or section 13.4 is not entitled to costs for complying with the garnishing order except

(a) any costs to which he or she is entitled when a garnishing order is originally served on him or her; and

(b) a fee of $1. for each payment remitted in compliance with subsection (1).

Procedure after variation under section 8

13.4        Where the amount required to be paid under a garnishing order against wages under clause 13.1(b) is varied under section 8, the garnishor shall obtain a garnishing order that complies with the varied order and serve the order and an extra copy of it on the garnishee, who shall then comply with section 13.3.

Priority and duration of garnishing order

13.5(1)     A garnishing order obtained pursuant to section 13.1, subsection 13.2(1) or section 13.4 has priority over any other garnishing order served on the garnishee or any debt owed by the judgment debtor to the garnishee and remains in force until

(a) the order is superseded by another garnishing order based on the same maintenance order;

(b) the order is discontinued under section 13.6 or revoked by the court;

(c) the debt for which the order is issued is satisfied;

(d) the termination date that is specified in the order; or

(e) in the case of an order against wages, the judgment debtor ceases to be employed by the garnishee.

Garnishee to notify court if debtor leaves employment

13.5(2)     Where a garnishee is served a garnishing order against wages obtained under clause 13.1(b) or section 13.4 and the judgment debtor ceases to be employed by the garnishee while the garnishing order is in force, the garnishee shall give written notice to the court that issued the garnishing order and mail a copy of the notice to the garnishor.

Garnishor may discontinue garnishing order

13.6        A garnishor who serves a garnishing order under section 13.1, subsection 13.2(1) or section 13.4 may discontinue the order by filing a notice of discontinuance in the court that issued the garnishing order, in which case the garnishor shall

(a) forthwith after filing the notice, serve a copy of it on the garnishee, who is from the time of service no longer required to comply with the garnishing order; and

(b) deliver or mail a copy of the notice to the judgment debtor.

No release of garnishing order on terms

13.7        Section 9 does not apply to a garnishing order obtained to enforce a maintenance order.

23(1)       The following heading is added before section 14:

Garnishment of Pension Benefits

23(2)       Subsection 14(1) is amended by striking out "subsection 13(1.1) or (3)" and substituting "clause 13.1(b) or section 13.4".

23(3)       Subsection 14(4) is amended

(a) in the part preceding clause (a), by striking out "payable under" and substituting "that is payable under or for which payment may be requested under";

(b) by striking out "and" at the end of clause (a) of the English version; and

(c) by repealing clause (b).

24          The following is added after section 14:

Garnishment of Pension Benefit Credits

Definitions

14.1(1)     In this section and sections 14.2 and 14.3,

"garnishee" means an administrator or trustee of a pension plan and includes

(a) an employer who establishes or administers a pension plan for employees, and

(b) a financial or other institution that issues, underwrites or is a depository of a retirement benefit plan of a type prescribed by regulation under The Pension Benefits Act; (« tiers saisi »)

"net pension benefit credit" means a pension benefit credit adjusted in the manner prescribed by a regulation made under clause 37(s.1) of The Pension Benefits Act; (« crédit net de prestations de pension »)

"pension benefit credit" means a pension benefit credit as defined in The Pension Benefits Act; (« crédit de prestations de pension »)

"pension plan" means a pension plan as defined in The Pension Benefits Act and includes a retirement benefit plan to which a pension benefit credit is transferred under that Act. (« régime de retraite »)

Garnishment of pension benefit credit

14.1(2)     A maintenance order may be enforced by garnishment of the pension benefit credit of a judgment debtor in a pension plan.

Credit bound as of date order is served

14.1(3)     Service on a garnishee of a garnishing order obtained to enforce a maintenance order binds, to the extent of the amount specified in the garnishing order, the net pension benefit credit of a judgment debtor in the pension plan on the day the garnishing order is served.

Entitlement

14.1(4)     For the purpose of this section, the judgment debtor is entitled to receive, in accordance with section 31.1 of The Pension Benefits Act, the pension benefit credit in his or her pension plan on the day the garnishing order is served.  

Valuation

14.1(5)     The net pension benefit credit of a judgment debtor in a pension plan is to be determined in the manner provided for in a regulation made under clause 37(s.1) of The Pension Benefits Act.

Only designated officer may obtain order

14.1(6)     A garnishing order for a pension benefit credit may be obtained only by a designated officer acting on behalf of a person entitled to maintenance under a maintenance order.

Order delivered to the judgment debtor

14.1(7)     When a garnishing order for a pension benefit credit is served on the garnishee, the designated officer shall deliver a copy of the order to the judgment debtor or mail it to the last address of the judgment debtor shown in the designated officer's records.

Payment within 90 days

14.1(8)     Except as provided in section 14.2, the garnishee shall, within 90 days after a garnishing order is served, remit the amount shown in the order to the person to whom the order requires it to be paid or, if the order has no such requirement, to the court that issued it.

Garnishment available despite other Acts

14.1(9)     This section applies notwithstanding that the garnishment of pension benefit credits is prohibited by or under an Act of the Legislature or a collective or other agreement.

Marriage breakup division - exemption

14.2(1)     When a garnishing order is served under section 14.1 and the garnishee has notice that a person is entitled to a division of the judgment debtor's pension benefit credit under subsection 31(2) of The Pension Benefits Act as of the day of service, the amount of the entitlement is exempt from attachment under the garnishing order.

Marriage breakup division - statement to court

14.2(2)     When a garnishing order is served under section 14.1 and the garnishee has notice that there might be a person who is entitled to a division of the judgment debtor's pension benefit credit under subsection 31(2) of The Pension Benefits Act as of the day of service but is uncertain about that entitlement, the garnishee shall, within 90 days after the garnishing order is served,

(a) file with the court that issued the garnishing order a statutory declaration in the prescribed form setting out

(i) the amount of the judgment debtor's pension benefit credit,

(ii) the name and address, if known to the garnishee, of any person who might be entitled to a division of the pension benefit credit,

(iii) if the garnishee cannot provide the information referred to in subclause (ii), a description of the efforts the garnishee has made to ascertain whether a person is entitled to a division of the pension benefit credit and the person's name and address, and

(iv) any other relevant information; and

(b) provide a copy of the statutory declaration to the designated officer.

Payment suspended

14.2(3)     A garnishee who files a statutory declaration with the court under subsection (2) shall not make a payment under the garnishing order until the court determines payment under subsection (5).

Designated officer may require information

14.2(4)     The designated officer may require the judgment debtor or any other person to disclose to the officer details of the whereabouts of any person who is or might be entitled to a division of the judgment debtor's pension benefit credit under subsection 31(2) of The Pension Benefits Act.

Hearing to determine right to pension benefit credit

14.2(5)     On motion by the designated officer, after notice to the persons described in paragraph 1, the court may do one or more of the following:

1.

Determine the rights and liabilities of the garnishee, the judgment debtor, the person entitled to maintenance under the maintenance order, and any person entitled to a division of the judgment debtor's pension benefit credit under subsection 31(2) of The Pension Benefits Act as of the day the garnishing order is served.

2.

Determine any other matter relating to the garnishing order.

3.

Make any order that is just and necessary to give effect to its determinations.

Garnishee not required to pay into court

14.2(6)     When a motion is made under subsection (5), the garnishee is not required to deposit the amount of the judgment debtor's net pension benefit credit with the court before the court determines the matter.

Protection from liability

14.3        When an amount is paid in good faith under a garnishing order in accordance with sections 14.1 and 14.2, whether pursuant to a court order or otherwise,

(a) the pension plan from which the amount is paid has no further obligation in respect of that amount to the judgment debtor or to any person who was or might have been entitled to a division of the pension benefit credit under subsection 31(2) of The Pension Benefits Act as of the day the garnishing order was served;

(b) in respect of the amount paid, no person may commence an action or proceeding of any kind against the pension plan, the garnishee who made the payment or the person entitled to payment under the maintenance order; and

(c) the amount paid to the person entitled to payment under the maintenance order is the exclusive property of that person.

25(1)       The heading "REGULATIONS AND FORMS" is added before section 15.

25(2)       Section 15 is amended by adding the following after clause (b):

(c) prescribing the form and content of documents relating to the garnishment process.

26          The following is added after section 15:

Form of documents

16          Documents relating to the garnishment process shall be in the form prescribed by the rules of the court issuing the garnishing process or in the form prescribed under clause 15(c).

27          Schedule A is repealed.

PART 4

THE HIGHWAY TRAFFIC ACT

C.C.S.M. c. H60 amended

28          The Highway Traffic Act is amended by this Part.

29          The following is added after section 273:

Definition of "designated officer"

273.1(1)    In this section and section 273.2, "designated officer" means designated officer as defined in Part VI of The Family Maintenance Act.

Action re person in default in maintenance payments

273.1(2)    Notwithstanding the provisions of this Act respecting notice, where the registrar receives notice from a designated officer under subsection 59.1(6) of The Family Maintenance Act respecting a person in default, the registrar shall without notice to the person

(a) cancel or suspend any licence or permit issued to, and any registration of a vehicle in the name of, the person under this Act; and

(b) refuse to issue or renew any licence, permit or registration of a vehicle in the name of the person;

until the registrar receives notice under subsection 59.1(8) (notice of compliance) of that Act.

Registrar to refuse service to person in default

273.2       Where the registrar receives notice from a designated officer under section 59.2 of The Family Maintenance Act advising that a person in default was not served, the registrar shall refuse to issue or renew any licence, permit or registration of a vehicle in the name of the person until the registrar receives notice under subsection 59.1(8) (notice of compliance) of that Act.

30          The following is added after subsection 279(1.2):

Person in default in maintenance not eligible

279(1.3)    A person in respect of whom action is taken by the registrar under section 273.1 or 273.2 is not eligible to apply to the Appeal Board respecting the action taken.

PART 5

THE PARENTS' MAINTENANCE ACT

C.C.S.M. c. P10 amended

31          The Parents' Maintenance Act is amended by this Part.

32          Subsection 5(1) is amended

(a) by striking out "the family court judge" and substituting "a judge"; and

(b) in the English version, by striking out "in his opinion" and substituting "in the judge's opinion".

33          Section 6 is amended by striking out ", by the judge who made the order" and substituting "by a judge".

34          Sections 7 to 9 are repealed and the following is substituted:

Enforcement under Family Maintenance Act

7           An order made under this Act may be enforced under Part VI (Enforcement of Maintenance Orders) of The Family Maintenance Act.

PART 6

THE PENSION BENEFITS ACT

C.C.S.M. c. P32 amended

35          The Pension Benefits Act is amended by this Part.

36          Section 3 is amended by adding "other than The Garnishment Act" after "any other Act".

37          Clauses 21(3)(a), (b) and (c) are amended by adding "and section 31.1" after "subsections 31(2) and (4)".

38          Subsection 31(1) is amended by striking out "Subject to subsection (2)" and substituting "Except as permitted by The Garnishment Act and subject to subsection (2) of this Act".

39          The following is added after section 31:

Garnishment of pension benefit credits

31.1        When a garnishee as defined in section 14.1 of The Garnishment Act is served with a garnishing order obtained under that section to enforce a maintenance order against a member of a pension plan, the member is entitled, for the purpose of satisfying the garnishing order and associated costs and taxes, to receive on the day of service, in complete or partial discharge of the member's rights under the plan, the lesser of

(a) the amount determined by the formula

A - B

where

A

is the member's pension benefit credit on that day, and

B

is the total of all amounts each of which is the portion of the member's pension benefit credit to which another person is entitled on a division thereof under subsection 31(2) as of that day; and

(b) the amount determined by the formula:

C + D + E

where

C

is the amount specified in the garnishing order,

D

is the total of all costs allowed by regulation in respect of the garnishing order, and

E

is the total of the taxes, if any, that would be required to be deducted or withheld in respect of a payment of the member's entitlement if the amount of the entitlement were determined under this clause.

40          Section 37 is amended by adding the following after clause (s):

(s.1) for the purpose of sections 14.1 to 14.3 of The Garnishment Act,

(i) respecting the manner in which pension benefit credits are to be determined,

(ii) prescribing the adjustments to be made to pension benefit credits in order to determine net pension benefit credits,

(iii) permitting a garnishee as defined in section 14.1 of The Garnishment Act to deduct or withhold taxes, and to recover costs associated with the garnishment of a pension benefit credit, from the pension benefit credit of a judgment debtor referred to in that Act, and specifying the nature of the costs and the manner in which they are to be calculated, and

(iv) respecting any matter necessary or advisable to carry out the purpose of those sections effectively;

41          The following is added after section 38:

Compliance with other Acts

38.1        Every employer, administrator or trustee of a pension plan shall comply with

(a) the requirements of The Garnishment Act relating to the garnishment of pension benefits and pension benefit credits; and

(b) a request for information under subsection 55(2) of The Family Maintenance Act.

PART 7

THE PERSONAL INVESTIGATIONS ACT

C.C.S.M. c. P34 amended

42          The Personal Investigations Act is amended by this Part.

43          The definition "factual information" in section 1 is amended by adding "provided by a designated officer in accordance with Part VI of The Family Maintenance Act, or" after "and any information".

44          Clause 4(e) is amended by adding ", except in the case of information provided by the designated officer under The Family Maintenance Act, the" after "the name and".

PART 8

COMING INTO FORCE

Coming into force

45(1)       Except as provided in subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force:  various provisions

45(2)       The following sections come into force on a day fixed by proclamation:  sections 1, 9 and 12 to 22, subsections 23(1) and (2), sections 24 to 30 and sections 35 to 41.

 

 


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