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The Strengthened Enforcement of Family Support Payments and Miscellaneous Amendments Act (Various Acts Amended)

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S.M. 2010, c. 28

Bill 30, 4th Session, 39th Legislature

The Strengthened Enforcement of Family Support Payments and Miscellaneous Amendments Act (Various Acts Amended)

(Assented to June 17, 2010)

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 21(1) is amended

(a) by replacing the section heading with "Blood tests or other genetic tests"; and

(b) by adding "or other genetic tests" after "blood tests".

2(2)        Subsection 21(2) is amended

(a) in the part before clause (a), by adding "or another genetic test performed" after "taken"; and

(b) in clause (c),

(i) in the English version, by adding "or her" after "his" wherever it occurs, and

(ii) by adding "or tissue" after "blood".

2(3)        Subsection 21(3) is amended by adding "or another genetic test" after "blood test".

3           Subsection 37(3) is amended by adding ", prospectively or retroactively," after "a child support order".

4           Subsection 39.1(3) is amended by adding "or clause 39.1.1(4)(b)" after "this section".

5(1)        Subsection 39.1.1(1) is amended by striking out "a person, the government" and substituting "any person, including a party, or the government".

5(2)        Subsection 39.1.1(4) is replaced with the following:

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 the following:

(a) applying to a judge or master for an order under subsection (5);

(b) recalculating a child support order on the basis of a party's deemed disclosure of updated income under subsection (5.1), if it is that party that has not provided the requested information.

5(3)        The following is added after subsection 39.1.1(5):

Deemed income

39.1.1(5.1)  For the purpose of clause (4)(b), a party that has not provided the requested information is deemed to have disclosed updated income, determined in accordance with the regulations.

6(1)        Clause 39.2(2)(h) is amended by adding "and disclosure of income," after "deeming income".

6(2)        Subsection 39.2(2) is amended by adding the following after clause (h):

(h.1) for the purpose of subsection 39.1.1(5.1), respecting the determination of a party's updated income;

7           Section 46 is replaced with the following:

Application to vary or discharge order

46(1)       This section applies to an application to the court to vary or discharge

(a) an order made under

(i) this Act, other than a child support order governed by section 37.2, or

(ii) The Wives' and Children's Maintenance Act (now repealed); or

(b) an order made under The Child Welfare Act (now repealed) granting custody of, access to or maintenance for a child.

Order to vary or discharge

46(2)       The court that made an order referred to in subsection (1) may, on application, vary or discharge that order if the court thinks it is fit and just to do so, having regard to any material change in circumstances that has occurred since the order was made or last varied.

Effective date of order

46(3)       An order made under subsection (2) is not effective before the filing date of the application to the court to vary or discharge the order.

8           The following is added after section 46:

Compensatory payment

46.0.1      If an application is made under section 37.2 or 46 to vary or discharge an order respecting maintenance, at the request of the person entitled to receive maintenance for himself or herself, or for a child, the court may, if it thinks it fit and just to do so, order that the person required to pay maintenance make a compensatory payment in an amount up to $500 to the person entitled to receive maintenance if

(a) a maintenance payment was paid after the date it was due;

(b) a required maintenance payment was not paid; or

(c) the full amount of a required maintenance payment was not paid.

9           The centred heading "DEFINITIONS" is added before section 52.

10(1)       Section 52 is amended by adding the following definitions:

"creditor" means a person entitled to receive payments under a maintenance order, and includes

(a) the director to whom an order has been assigned under section 64,

(b) an agency under The Child and Family Services Act that is entitled to receive maintenance for a child as authorized by an order made under that Act,

(c) a government or agency of a government referred to in section 39 of The Inter-jurisdictional Support Orders Act, and

(d) a minister, member or agency referred to in section 20.1 of the Divorce Act (Canada) to whom a support order is assigned under that Act; (« créancier »)

"debtor" means a person required to make payments under a maintenance order; (« débiteur »)

"director" means the Director of Employment and Income Assistance appointed under The Employment and Income Assistance Act, or a person acting under his or her authority; (« directeur »)

"pension benefit" has the same meaning as in subsection 14(4) of The Garnishment Act; (« prestation de pension »)

"person required to pay" means the person or entity required to pay under a support deduction notice, and includes the government or a government agency; (« personne tenue de faire un paiement »)

"prescribed" means prescribed by the regulations under this Act;

"support deduction notice" means a support deduction notice issued by the designated officer under section 58.1; (« avis de retenue des aliments »)

"suspension order" means an order under section 61.2 that suspends the enforcement of a maintenance order by the designated officer; (« ordonnance de suspension »)

"wages" includes salary, commission and fees, and any other money payable by an employer to an employee in respect of work or services performed in the course of employment but it does not include any deductions made by the employer under any Act of the Legislature of any province or the Parliament of Canada. (« salaire »)

10(2)       The definition "order" in section 52 is amended

(a) by adding "maintenance" before "order"; and

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

(a) an order, interim order, or variation order for payment of maintenance, support or alimony made under

(i) this Act,

(ii) The Child and Family Services Act,

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

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

(v) the Divorce Act (Canada),

and includes a compensatory order under section 46.0.1, or

11          The centred heading "COMMENCING ENFORCEMENT" is added before section 53.

12(1)       Subsections 53(1) and (2) are replaced with the following:

Automatic application of enforcement provisions

53(1)       The provisions of this Part respecting enforcement by the designated officer apply to all maintenance orders made on or after January 1, 1980, unless the creditor signs and files with the designated officer a statement, in a form satisfactory to the designated officer, stating that the enforcement provisions of this Part do not apply to the creditor's maintenance order.  On filing the statement, the provisions of this Part cease to apply to that maintenance order.

Non-application to prior maintenance orders

53(2)       The provisions of this Part respecting enforcement by the designated officer do not apply to a maintenance order made before January 1, 1980, unless the creditor signs and files with the designated officer a statement, in a form satisfactory to the designated officer, stating that the enforcement provisions of this Part do apply to the creditor's maintenance order.  On filing the statement, the provisions of this Part become applicable to that maintenance order.

12(2)       Subsection 53(3) is amended

(a) by striking out "person" and substituting "creditor";

(b) in the English version, by striking out "an order" and substituting "a maintenance order";

(c) by striking out "the order" wherever it occurs and substituting "the maintenance order"; and

(d) by adding the following at the end:

In addition, the designated officer may charge costs to the creditor, determined in accordance with the regulations, relating to filing a statement.

12(3)       Subsection 53(3.1) is amended by striking out "Subject to subsection (3.2), either party" and substituting "Either party".

12(4)       Subsection 53(3.2) is repealed.

12(5)       Subsection 53(3.6) is amended

(a) by striking out "person entitled to receive the payments" and substituting "creditor"; and

(b) by adding the following at the end:

In addition, the designated officer may charge costs to the creditor, determined in accordance with the regulations, relating to filing a statement.

12(6)       Subsections 53(4) and (5) are replaced with the following:

Income assistance recipients

53(4)       If a person entitled to receive payments under a maintenance order is receiving income assistance or assistance under The Employment and Income Assistance Act, the director shall sign and file with the designated officer a statement indicating that the provisions of this Part respecting enforcement by the designated officer apply to the maintenance order.  Upon filing the statement, those provisions of this Part

(a) become applicable to the maintenance order; and

(b) despite any other provisions of this Act, remain applicable as long as the person continues to receive income assistance or assistance.

Default under other orders

53(5)       In addition to the maintenance orders to which this Part applies, the court may make the provisions of this Part respecting enforcement by the designated officer applicable to the payments required for maintenance, support, alimony or alimentary pension under any order of any court.

13          The following is added after section 53:

DOCUMENTS REQUIRED

Requirement for signed court order

53.0.1      The designated officer is not required to take action with respect to an order until he or she receives a copy of the order signed by the court.

Completed registration documents required

53.0.2      Upon the request of the designated officer, a creditor shall provide the designated officer with completed registration documents, in a form approved by the designated officer, within the prescribed time period.

Opting out of enforcement deemed

53.0.3(1)   If a creditor does not provide completed registration documents within the prescribed time period, the creditor is deemed to have filed a statement indicating that the enforcement provisions of this Part shall not apply to the maintenance order.

Subsequent opting into enforcement

53.0.3(2)   A creditor to whom subsection (1) applies, may file a statement requesting that the provisions of this Part respecting enforcement by the designated officer apply to the order.  In addition to filing the statement, the creditor must

(a) file completed registration documents in accordance with section 53.0.2; and

(b) pay any applicable costs, determined in accordance with the regulations, to the designated officer.

REFUSAL TO ENFORCE ORDER

Refusal to enforce order

53.0.4      The designated officer may refuse to enforce a maintenance order where

(a) the provisions respecting maintenance contain errors or are otherwise ambiguous or unsuitable for enforcement;

(b) the amount of maintenance cannot be determined from the face of the maintenance order because the amount is dependent on a variable that does not appear in the order;

(c) the creditor has failed to provide completed registration documents in accordance with section 53.0.2;

(d) the creditor has failed to provide information, or swear a statutory declaration containing the information, as required by subsection 55(2.1); or

(e) the creditor has failed to pay any applicable costs that are payable to the designated officer under this Part.

14          The centred heading "MAINTENANCE PAYMENTS TO DESIGNATED OFFICER" is added before section 54.

15(1)       Subsection 54(1) is replaced with the following:

Payments remitted to designated officer

54(1)       The debtor shall remit to the designated officer the amount of each payment due under a maintenance order in the manner set out in the regulations.

Payment to creditor

54(1.1)     The designated officer shall

(a) record each payment received from a debtor;

(b) deposit the payment into the government's trust account; and

(c) subject to subsection (1.2), issue payment to the creditor.

When payment to creditor not issued

54(1.2)     The designated officer is not required to

(a) issue a payment by cheque to a creditor in an amount less than $5; or

(b) pay a creditor

(i) until the creditor provides the designated officer with completed registration documents,

(ii) if no amount of maintenance is currently due and owing to the creditor, or

(iii) until payment from the debtor's financial institution has been confirmed.

15(2)       Subsection 54(2) is amended

(a) by striking out "orders" wherever it occurs and substituting "maintenance orders"; and

(b) by striking out "forwarded" and substituting "issued".

15(3)       The following is added after subsection 54(2.1):

Interest

54(2.1.1)   No interest is payable on money received by the government for the benefit of a creditor.

Money received for creditor's benefit not attachable

54(2.1.2)   Despite any other Act, money received by the government for the benefit of a creditor is not attachable by any other person or entity.

16          The centred heading "ENFORCEMENT BY DESIGNATED OFFICER" is added before section 55.

17(1)       Subsection 55(2.2) is replaced with the following:

Information that may be disclosed

55(2.2)     Information received by the designated officer under this Part is confidential, except that the designated officer may

(a) use it to enforce a maintenance order under this Part;

(b) give it to an appropriate authority in another province, territory or reciprocating jurisdiction, for the purpose of enforcing a maintenance order;

(c) 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;

(d) give the information referred to in clause (2)(a) and subclauses (2)(b)(i) and (ii) to

(i) the Attorney General for the purpose of performing a function under section 18 or 19 of the Divorce Act (Canada), or

(ii) the child support service established under section 39.1 for the purpose of carrying out its powers and duties.

17(2)       The following is added after clause 55(4)(l):

(m) Issue a support deduction notice under section 58.1.

(n) Proceedings to obtain an order under section 60.1 respecting assets of a corporation or other person.

18           The centred heading "COURT ACTION" is added before section 56.

19          Clause 57(3)(a) is replaced with the following:

(a) if the judge or master finds that the debtor is wilfully in default, fining the debtor not more than $10,000 or imprisoning the debtor for not more than 200 days, or both;

20          The following is added after section 58:

SUPPORT DEDUCTION NOTICES

Only designated officer may issue support deduction notice

58.1(1)     A support deduction notice may be issued only by the designated officer acting on behalf of a creditor.

Continuing effect of support deduction notice

58.1(2)     A support deduction notice that is issued by the designated officer and served on the person required to pay binds, for as long as the support deduction notice remains in force,

(a) in respect of money other than wages,

(i) all money owing or payable to the debtor by the person required to pay at the time of service,

(ii) all money that becomes owing or payable to the debtor by the person required to pay, from time to time after the day of service, and

(iii) all money that is held jointly by the debtor and one or more other persons, in accordance with subsection (3);

(b) wages that are due and payable to the debtor by the person required to pay, on and after the first day, other than a holiday, after the day of service; and

(c) pension benefits, as if the pension benefits were wages and in the same manner as a garnishing order binds pension benefits under section 14 of The Garnishment Act.

All jointly held money bound by support deduction notice

58.1(3)     With respect to money that is held jointly by the debtor and one or more other persons

(a) all the money is presumed for the purpose of the support deduction notice to be owned by the debtor; and

(b) the support deduction notice binds

(i) all money owing or payable to the debtor by the person required to pay on the day of service, and

(ii) all money that becomes owing or payable to the debtor by the person required to pay, from time to time after the day of service for as long as the support deduction notice remains in force.

Response by person required to pay

58.1(4)     A person required to pay who has been served with a support deduction notice must respond to the support deduction notice, in accordance with the regulations, within seven days after the date it is served.

Copy of support deduction notice given to debtor

58.1(5)     A person required to pay must give the debtor a copy of the support deduction notice that the person required to pay received from the designated officer.

Copy of notice given to joint money holders

58.1(6)     In the case of a support deduction notice issued against jointly held money referred to in subclause (2)(a)(iii), the person required to pay must also give a copy of the support deduction notice to each person who holds the money jointly with the debtor.

Person required to pay to remit deducted money

58.1(7)     A person required to pay who has been served with a support deduction notice shall, for as long as the support deduction notice remains in force, remit any amount payable under it to the designated officer, within seven days

(a) after being served with the support deduction notice; or

(b) after the money becomes payable to the debtor;

whichever is later.

Exemption

58.1(8)     Subject to subsection (9), where wages or pension benefits are attached by a support deduction notice, the exemption allowed to the debtor is $250 or such greater amount as may be specified in the regulations, per month, or pro rata for any part of a month.

Calculation of exemption if wages and pension benefits received

58.1(9      ) If a debtor receives both wages and pension benefits, whether or not both are payable by the same person required to pay or on the same dates, both shall be included for the purpose of calculating any exemption to which the debtor may be entitled under subsection (8).

Application to Queen's Bench by debtor to vary exemption

58.1(10)    The debtor named in a support deduction notice may apply to the registrar of the Court of Queen's Bench, in accordance with the regulations, for an order varying the exemption under subsection (8).

Limitation on variation exemption

58.1(11)    No order varying an exemption shall be made under this section that

(a) has the effect of increasing the exemption allowed under subsection (8) to more than 90% of the wages or pension benefits bound under subsection (2); or

(b) reduces the wages or pension benefits of the debtor to an amount less than the exemption to which the debtor is entitled under subsection (8).

Appeal of exemption order

58.1(12)    The debtor may, not later than 14 days after the order varying the exemption is pronounced, appeal the order to a judge of the Court of Queen's Bench.

Order re appeal

58.1(13)    The judge hearing the appeal may confirm the registrar's order, or subject to subsection (11), vary it.

Enforcement against person required to pay

58.1(14)    If a person required to pay has been served with a support deduction notice and

(a) fails to pay the amount attached by the support deduction notice and does not provide a written response to the designated officer as to the failure to pay; or

(b) pays the amount attached by the support deduction notice to a person other than the designated officer;

the designated officer may apply to the Court of Queen's Bench, with service on the person required to pay, for an order that the person required to pay, pays to the designated officer for the benefit of the creditor, the lesser of

(c) the amount that the court finds is payable to the debtor by the person required to pay; and

(d) the amount set out in the support deduction notice.

Application to Queen's Bench to determine interests

58.1(15)    The designated officer, the person required to pay, the debtor or any other interested person, who has been served with a support deduction notice may apply to the Court of Queen's Bench, in accordance with the regulations, to have any issue respecting the support deduction notice determined, including

(a) the interest of the debtor in the attached money when the support deduction notice attaches money held jointly by the debtor and one or more other persons; and

(b) the rights and liabilities of the person required to pay, the debtor and any other interested person.

Time limit for application re jointly held money

58.1(16)    An application under clause (15)(a) must be made within 21 days after the support deduction notice is served on the person required to pay.

Notifying designated officer if debtor leaves employment

58.1(17)    The person required to pay shall give the designated officer written notice if the debtor ceases to be employed by the person required to pay while the support deduction notice against wages is in force.

Support deduction notice may be adjusted, etc.

58.1(18)    The designated officer

(a) may adjust, suspend, reactivate or terminate a support deduction notice in accordance with this Act and the regulations; and

(b) after doing so, must give written notice to the debtor in accordance with the regulations.

Duration of support deduction notice

58.1(19)    A support deduction notice remains in force until

(a) the support deduction notice is superseded by another support deduction notice that replaces it;

(b) the support deduction notice is terminated by the designated officer;

(c) the debt for which the support deduction notice is issued is satisfied; or

(d) in the case of a support deduction notice against wages, the debtor ceases to be employed by the person required to pay.

Priority of support deduction notice

58.1(20)    A support deduction notice issued under this section

(a) has the same priority as a garnishing order to enforce a maintenance order obtained under section 13.1 of The Garnishment Act; and

(b) has priority over

(i) a garnishing order served on the person required to pay, other than a garnishing order referred to in clause (a), and

(ii) any debt owed by the debtor to the person required to pay.

Deemed garnishment

58.1(21)    The provisions in this section and in the regulations respecting support deduction notices are deemed to be provisions under provincial garnishment law for the purposes of the Family Orders and Agreements Enforcement Assistance Act (Canada) and the Garnishment, Attachment and Pension Diversion Act (Canada).

Crown bound

58.1(22)    The Crown in right of Manitoba is bound by this section.

21          The centred heading "ADDITIONAL ACTIONS" is added before section 59.

22          Subsection 59.1(9) is repealed.

23(1)       Subsection 59.5(8) is replaced with the following:

Enforcement proceedings re lottery prize

59.5(8)     Whether or not other enforcement proceedings are being taken, the designated officer may take proceedings with respect to the lottery prize

(a) to obtain a garnishing order under section 13.1 of The Garnishment Act;

(b) to obtain a writ of execution under The Executions Act; or

(c) to issue a support deduction notice under section 58.1.

23(2)       Subsection 59.5(11) is repealed.

24          The centred heading "RECOVERY AND REMISSION OF ARREARS" is added before section 61.

25          The centred heading "IMMUNITY" is added before section 61.1.

26          The following is added after section 61.1 as part of Part VI:

SUSPENSION OF ENFORCEMENT OF MAINTENANCE

Definition

61.2(1)     In this section, "court" means the Court of Queen's Bench.

Application by debtor to suspend enforcement of maintenance payments

61.2(2)     Despite section 38 of The Court of Queen's Bench Act, this section applies if

(a) a maintenance order is being enforced by the designated officer; and

(b) the debtor is seeking an order that suspends the enforcement of the maintenance order by the designated officer.

Serving application for suspension order

61.2(3)     The debtor may apply to the court for a suspension order and must serve the application, in accordance with the Queen's Bench Rules,

(a) on the creditor and the director; and

(b) if the creditor resides or is located outside Manitoba, on the designated officer.

Criteria for initial suspension order

61.2(4)     The court may make a suspension order only if the debtor establishes

(a) a valid reason for not paying the amounts required under the maintenance order and any arrears; and

(b) that the debtor

(i) has taken all reasonable steps to apply to vary the maintenance order or provides reasons for not doing so, or

(ii) has made reasonable efforts to enter into a payment arrangement with the designated officer and has been unable to do so.

Period and terms of suspension order

61.2(5)     A suspension order made under subsection (4)

(a) must be made for a period which must not exceed six months; and

(b) may include any conditions the court considers appropriate.

Further suspension order if variation application

61.2(6)     If, within the period referred to in clause (5)(a),

(a) the debtor applies to vary the maintenance order; or

(b) the debtor establishes that he or she has taken all reasonable steps to have a previously made variation application determined;

the debtor may apply to the court, with service on the persons referred to in subsection (3), for a suspension order for a further period which must not exceed six months and may include any conditions the court considers appropriate.

Expiry of suspension order

61.2(7)     Despite the provisions of any suspension order, a suspension order made under subsection (4) or (6) expires

(a) at the end of six months from the day the suspension order is pronounced, or at the end of any shorter period set out in the suspension order; or

(b) if the debtor fails to comply with any payment or other condition included in the suspension order.

Application for further suspension order

61.2(8)     If the court has made an order under subsection (4) as well as an order under subsection (6), the debtor may apply to the court, with service on the persons referred to in subsection (3), for a further suspension order under subsection (9).

Further suspension order if serious harm

61.2(9)     On an application that meets the requirements of subsection (8), the court may make a further suspension order if the court is satisfied that

(a) the debtor has taken all reasonable steps to have the maintenance order varied, or to otherwise address any default in payments under the maintenance order; and

(b) serious harm would result to the debtor if enforcement of the maintenance order by the designated officer was not suspended.

Contents of suspension order under subsection (9)

61.2(10)    A suspension order made under subsection (9) may include any conditions the court considers appropriate and expires

(a) at the end of any period set out in the suspension order; or

(b) if the debtor fails to comply with any payment or other condition included in the suspension order.

Previous enforcement actions not affected by suspension order

61.2(11)    Unless the court orders otherwise, a suspension order made under this section does not affect any of the following enforcement actions if they were commenced by the designated officer before the suspension order was pronounced:

(a) registration of the maintenance order in a land titles office under section 59;

(b) proceedings under The Judgments Act in relation to a maintenance order registered in a land titles office;

(c) proceedings to obtain a preservation order under section 59.3;

(d) registration of a financing statement in the Personal Property Registry under section 59.4;

(e) enforcement action taken in relation to the Family Orders and Agreements Enforcement Assistance Act (Canada) and the Garnishment, Attachment and Pension Diversion Act (Canada), including the issuance of a support deduction notice or proceedings taken to obtain a garnishing order under The Garnishment Act.

Effect on existing support deduction notice or garnishing order

61.2(12)    If the court requires the debtor to make any payments as a condition for granting a suspension order, the designated officer is not required to terminate a support deduction notice or garnishing order that was issued before the suspension order was pronounced but may

(a) adjust any amount attached under the support deduction notice or garnishing order to correspond with the payment condition of the suspension order; or

(b) suspend the support deduction notice or garnishing order.

Actions not affected by suspension order

61.2(13)    Unless the court orders otherwise, the suspension order does not affect

(a) payment to the creditor by the designated officer of any money that was attached or seized under this Part before the suspension order was pronounced; or

(b) the designated officer's ability to enforce the payment of costs under section 61.4.

Terminating previous suspension order

61.2(14)    If an order suspending the enforcement of a maintenance order by the designated officer

(a) was pronounced before the coming into force of this section; and

(b) contains no termination date with respect to the suspension;

the coming into force of this section is, despite any Act, sufficient grounds for a creditor to apply to the court for an order terminating the suspension of enforcement of the maintenance order.

PENALTIES AND COSTS

Penalty assessed against debtor

61.3(1)     If a debtor

(a) fails to pay maintenance under a maintenance order;

(b) fails to make a payment by the date required by the maintenance order; or

(c) fails to comply with any payment condition included in an order that suspends the enforcement of a maintenance order by the designated officer, whether the order suspending the enforcement was pronounced before or after the coming into force of this section;

the designated officer shall assess a penalty against the debtor, determined in accordance with the regulations.

Penalty a debt owing

61.3(2)     A penalty assessed under subsection (1) is a debt that the debtor owes to the creditor.

Enforcing payment of penalty

61.3(3)     The designated officer may enforce a penalty assessed under subsection (1) in the same manner as a maintenance order, and for that purpose, may take any action under subsection 55(4), except action under clause 55(4)(f), (g), (h) or (j).

Application for remission of penalty

61.3(4)     If a penalty was assessed under this section, the debtor or the debtor's estate may apply to the Court of Queen's Bench to request remission of the penalty.

Order for remission of penalty

61.3(5)     If the Court of Queen's Bench is satisfied that the criteria set out in clauses 61(4)(a) and (b) are met, the court may order remission of the penalty, in whole or in part.

Recovery of costs by designated officer

61.4(1)     The designated officer may charge costs to the debtor, determined in accordance with the regulations, that relate to the costs of the designated officer

(a) in taking any action referred to in section 55;

(b) in making a licence denial application under the Family Orders and Agreements Enforcement Assistance Act (Canada); or

(c) for payments that are dishonoured by the debtor's financial institution.

Enforcing payment of costs

61.4(2)     The designated officer may enforce the payment of costs charged under this section in the same manner as the designated officer may enforce a penalty under section 61.3.

Application of money to costs

61.4(3)     Money received or collected by the designated officer may be applied to outstanding costs charged under subsection (1) only if no amount of maintenance is in default, no penalty under section 61.3 is owing and no compensatory payment under section 46.0.1 is owing.

Enforcement of costs owing

61.4(4)     The designated officer may continue to enforce recovery of an amount owed to him or her as costs even if

(a) the maintenance order is no longer being enforced by the designated officer;

(b) the arrears of maintenance have been paid in full or cancelled; or

(c) there is no further obligation to pay maintenance.

REGULATIONS

Regulations

61.5        The Lieutenant Governor in Council may make regulations

(a) respecting the costs that the designated officer may charge a creditor who files a statement requesting enforcement of a maintenance order, and providing for circumstances in which costs may be waived in whole or in part;

(b) respecting the manner of remitting payments due under a maintenance order to the designated officer;

(c) respecting support deduction notices, including

(i) the manner of responding to a support deduction notice,

(ii) the information required to be provided by a person required to pay,

(iii) the circumstances in which the designated officer may adjust, suspend, reactivate or terminate a support deduction notice, and the manner of doing so, and

(iv) applications to court to vary exemptions or to determine any issues with respect to support deduction notices;

(d) for the purpose of section 59.1,

(i) respecting the content of a notice under subsection 59.1(2), and

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

(e) for the purpose of section 59.5,

(i) respecting information that is required or authorized to be obtained, used or included in a notification under that section, and

(ii) as to the manner in which a notification shall be provided under subsection 59.5(6);

(f) for the purpose of section 61.3,

(i) determining the amount of a penalty, including the maximum amount that may be assessed, or specifying the manner of determining the amount of a penalty,

(ii) specifying the frequency of assessing a penalty, and

(iii) providing for circumstances in which a penalty may be waived in whole or in part;

(g) for the purpose of section 61.4, respecting the costs that the designated officer may charge, and providing for circumstances in which costs may be waived in whole or in part;

(h) respecting the manner of giving or serving any order, support deduction notice or other document under this Part and specifying the time at which it is deemed to have been given or served;

(i) prescribing any matter required or authorized by this Part to be prescribed;

(j) respecting any transitional matters or difficulties that may be encountered in bringing the provisions of this Part into effect;

(k) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

27          The provisions of The Family Maintenance Act identified in Column 1 of the Schedule to this Act are amended in the manner and to the extent set out opposite them in Columns 2 and 3.

PART 2

AMENDMENTS TO OTHER ACTS

C.C.S.M. c. C280 amended

28(1)       The Court of Queen's Bench Act is amended by this section.

28(2)       The following is added after subsection 49(2):

Refusal to co-operate

49(3)       Where a court appoints a family evaluator under subsection (1) and a party refuses to co-operate with him or her, the family evaluator shall report the refusal to the court.  The court may draw any inference from the refusal it considers appropriate.

C.C.S.M. c. E160 amended

29(1)       The Executions Act is amended by this section.

29(2)       The definition "judgment" in subsection 1(1) is amended by adding "and a maintenance order as defined in Part VI of The Family Maintenance Act" at the end.

C.C.S.M. c. G20 amended

30(1)       The Garnishment Act is amended by this section.

30(2)       The definition "extra-provincial garnishing order" in subsection 12.1(1) is replaced with the following:

"extra-provincial garnishing order" means a document from a reciprocating jurisdiction that corresponds to

(a) a garnishing order under this Act, or

(b) a support deduction notice under Part VI of The Family Maintenance Act; (« ordonnance de saisie-arrêt extraprovinciale »)

S.M. 2004, c. 14 (unproclaimed amendments repealed)

31          Sections 1 and 2, clause 3(a) and sections 6 and 7 of The Improved Enforcement of Support Payments (Various Acts Amended) Act, S.M. 2004, c. 14, are repealed.

PART 3

COMING INTO FORCE

Coming into force — proclamation

32(1)       Subject to subsection (2), this Act comes into force on a day to be fixed by proclamation.

Coming into force — royal assent

32(2)       Sections 2, 3, 7, 28 and 31 come into force on the day this Act receives royal assent.

SCHEDULE (Section 27)

Column 1
The Family Maintenance Act Provision
Column 2
Strike out
Column 3
Substitute
53(3.3) "an order" in clause (b)
"the order" in clause (b)
"a maintenance order"
"the maintenance order"
53(3.5) "person who is entitled to receive the payments"
"other party to the agreement"
"creditor"
"debtor under the agreement"
53.1 "order" in the section heading
"an order"
"the order"
"maintenance order"
"a maintenance order"
"the maintenance order"
54(3) "an order" in clause (a) "a maintenance order"
55(1) "person required to make payments under an order"
"person"
"debtor"
"debtor"
55(2) "person entitled to receive maintenance under an order" in clause (a)
"person required to pay maintenance under an order" in clause (b)
"person" in subclause (b)(i)
"person's" in subclauses (b)(ii), (iii), (iv), (v), (vi), (vii) and (ix)
"order" in subclause (b)(viii)
"between the person" in the part after paragraph (b)(ix)(B)
"the person receives" in subclause (b)(x)
"creditor"
 
"debtor"
 
"debtor"
"debtor's"
 
"maintenance order"
"between the debtor"
 
"the debtor receives"
55(2.1) "person required to pay maintenance" in the part before clause (a)
"person entitled to receive maintenance under an order" in the part before clause (a)
"order" in clause (c)
"debtor"
 
"creditor"
 
"maintenance order"
55(2.5) "person required to make payments under an order" in clauses (a) and (b) "debtor"
55(4) "person required to make payments under an order" in the part before clause (a)
"order" in clauses (b) and (i)
"person" in clauses (f), (g) and (j)
"that the person" in clause (i)
"person entitled to receive the maintenance" in clause (i)
"debtor"
 
"maintenance order"
"debtor"
"that the debtor"
"creditor"
56(1) "person" wherever it occurs "debtor"
56(1.1) "Person" in the section heading
"person" wherever it occurs
"Debtor"
"debtor"
56(2) "person in default" wherever it occurs
"person entitled to receive the payments" in clause (c)
"person entitled to the payments" in subclauses (f)(iv) and (v)
"order" in subclause (f)(iv)
"debtor in default"
"creditor"
"creditor"
 
"maintenance order"
56(4) "person entitled to receive the maintenance" in clause (a)
"person" in clause (b)
"person required to pay maintenance" in clause (b)
"creditor"
 
"creditor"
"debtor"
57(1) "person" in the part before clause (a)
"order" in clause (a)
"debtor"
"maintenance order"
57(1.1) "Person" in the section heading
"person" wherever it occurs
"Debtor"
"debtor"
57(3) "person required to pay maintenance" in the part before clause (a) and in clause (a.1)
"person" in clause (d)
"order of maintenance" in clauses (e) and (f)
"later order" in clause (e)
"debtor"
 
"debtor"
"maintenance order"
"later maintenance order"
57(3.2) "person" "debtor"
57(4) "person" wherever it occurs "debtor"
57(5) "person" wherever it occurs "debtor"
57(6) "person" wherever it occurs "debtor"
57(8) "a person"
"an order"
"that person"
"a debtor"
"a maintenance order"
"the debtor"
57.1(1) "person in default"
"a person"
"debtor"
"the debtor"
57.1(2) "person in default" in the part before clause (a)
"person's" in clause (a)
"person" in clause (b)
"debtor"
"debtor's"
"debtor"
57.2(2) "Person" in the section heading
"person" wherever it occurs
"Debtor"
"debtor"
57.2(3) "person in default"
"the person's"
"the person or"
"debtor"
"the debtor's"
"the debtor or"
57.2(4) "person in default"
"person's"
"debtor"
"debtor's"
57.2(5) "person in default"
"the person to"
"debtor"
"the debtor to"
57.3 "person in default" "debtor"
59(1) "An order may be" "A maintenance order may be"
59(2) "an order" "a maintenance order"
59.1(2) "person who is required under an order enforced under this Part to make maintenance payments"
"the person" wherever it occurs
"debtor"
 
"the debtor"
59.1(3) "person in default" "debtor"
59.1(4) "person in default" wherever it occurs
"by the person"
"debtor"
"by the debtor"
59.1(5) "person in default" wherever it occurs "debtor"
59.1(6) "person in default" in the part before clause (a) "debtor"
59.1(7) "person in default" "debtor"
59.1(8) "person" wherever it occurs
"order" in clause (c)
"debtor"
"maintenance order"
59.2 "person in default" wherever it occurs in the section heading and in the section "debtor"
59.3(1) "person required to pay maintenance under an order"
"enforcement of an order"
 
"person"
"debtor"
"enforcement of a maintenance order"
"debtor"
59.3(2) "person required to pay maintenance"
"enforcement of an order"
"debtor"
"enforcement of a maintenance order"
59.3(3) "person required to pay maintenance" wherever it occurs
"order of maintenance" in clause (b)
"debtor"
 
"maintenance order"
59.4(1) "a person"
"person entitled to the payment"
"a debtor"
"creditor"
59.4(2) "person entitled to the payment"
"person required to pay maintenance"
"creditor"
"debtor"
59.4(3) "person in default" in clause (a)
"order" in subclause (b)(ii)
"debtor"
"maintenance order"
59.4(4) "person in default" "debtor"
59.4(5) "person in default" "debtor"
59.4(6) "person required to pay maintenance" in clause (b) "debtor"
59.5(3) "persons in default" in the section heading
"persons in default of obligations to make payments under orders enforced under this Part"
"persons"
"debtors"
"debtors"
 
"debtors"
59.5(5) "persons in default" in the section heading
"person who is in default"
"debtors"
"debtor"
59.5(6) "persons in default" in the section heading
"person who is in default" in the part before clause (a)
"debtors"
"debtor"
60(1) "in respect of an order" in the part before clause (a)
 
"person in whose favour the order was made" in the part before clause (a)
"due under the order" in the part before clause (a)
 
"person in default" wherever it occurs
"in respect of a maintenance order"
"creditor"
 
"due under the maintenance order"
"debtor"
60(2) "person" wherever it occurs
"an order"
"debtor"
"a maintenance order"
60(3) "person against whom the order" "debtor against whom the maintenance order"
60.1(1) "person required to pay maintenance" wherever it occurs "debtor"
60.1(2) "person required to pay maintenance" wherever it occurs
"an order" in clause (a)
"the order" in the part after clause (b)
"debtor"
 
"a maintenance order"
"the maintenance order"
60.1(4) "person required to pay maintenance" wherever it occurs
"an order" in clause (a)
"the order" in clause (c)
"debtor"
 
"a maintenance order"
"the maintenance order"
61(1) "an order" "a maintenance order"
61(2) "maintenance debtor" in the section heading
"person against whom an order was made"
"person entitled to the payments"
"debtor"
"debtor"
"creditor"
61(3) "person entitled to receive payments" in the section heading
"the person entitled to receive payments under an order"
"the order" in clause (b)
"creditor"
 
"a creditor"
 
"the maintenance order"
61(4) "person entitled to the payments" in clause (b)
"that person" in clause (b)
"creditor"
"the creditor"
64(1) "an order" in the definition "order" "a maintenance order"