C.C.S.M. c. F20
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| 1
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| Definitions
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| 2
| (1)
| Best interests test applies
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| (2)
| Child's views to be considered
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| 3
| (1)
| Court may direct investigation
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| (2)
| Investigation only to determine best interests
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| (3)
| Refusal to co-operate
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| PART I
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| SPOUSES AND COMMON-LAW PARTNERS
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| 4
| (1)
| Mutual support obligation
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| (2)
| Conduct
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| (3) and (4)
| Repealed
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| 5
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| Personal expenses
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| 6
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| Onus of self-support after separation
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| 7
| (1)
| Factors affecting order
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| (2)
| Domestic service as financial contribution
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| 8
| (1)
| Financial information
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| (2)
| Penalty for non-disclosure
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| 9
| (1)
| Application for order
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| (2)
| Effect of separation agreement
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| (3)
| Restricted application of subsection (2)
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| (4)
| Dum casta clauses inoperative
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| 10
| (1)
| Order
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| (2)
| Offer to settle by respondent
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| (3)
| Offer to settle by applicant
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| (4)
| Offer not to be communicated to judge
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| (5)
| Postponement of sale
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| (6)
| Right of occupancy restricted
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| 10.1
| (1)
| Transitional re clauses 10(1)(c) and (d) and Division 2 of Part V
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| (2)
| Effect of order under Domestic Violence Act on order made under clause 10(1)(d)
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| (3)
| Applicant and respondent must be the same persons
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| 11
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| Orders under Child Custody Enforcement Act
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| 12
| (1)
| Reconciliation
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| (2)
| Resumption of hearing
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| 13
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| Repealed
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| 14
| (1)
| Repealed
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| (2)
| Restricting contact between cohabitees
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| PART II
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| CHILD STATUS
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| 15
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| Definition
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| 16
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| Void and voidable marriage
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| 17
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| Person is child of parents
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| 18
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| Application
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| 19
| (1)
| Declaration
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| (2)
| Order
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| 20
| (1)
| Declaration
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| (2)
| Director of Child and Family Services may move for hearing
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| (3)
| Order
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| (4)
| One presumption
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| (5)
| Conflicting presumptions
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| (6)
| Order during lives of parent and child
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| (7)
| Exception if presumption
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| (8)
| No declaration where child placed for adoption
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| 21
| (1)
| Blood tests or other genetic tests
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| (2)
| Incapacity
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| (3)
| Inference from refusal
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| 22
| (1)
| Order to be recognized
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| (2)
| New evidence
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| (3)
| Effect of new order
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| 23
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| Presumption of paternity
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| 24
| (1)
| Orders to be filed with director
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| (2)
| Acknowledgements may be filed with director
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| (3)
| Inspection of filings
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| (4)
| Director need not amend
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| (5)
| Director shall amend
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| PART III
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| RECOGNITION OF EXTRA-PROVINCIAL DETERMINATION OF PATERNITY
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| 25
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| Definitions
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| 26
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| Recognition of orders made elsewhere in Canada
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| 27
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| Recognition of orders made outside Canada
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| 28
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| Exceptions
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| 29
| (1)
| Filing with director
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| (2)
| Amendment of record
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| (3)
| Liability of director
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| 30
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| Evidence
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| 31
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| Findings elsewhere in Canada
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| 32
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| Findings outside Canada
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| 33
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| Evidence
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| 34
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| Presumption where conflicting findings
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| 35
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| Application
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| PART IV
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| CHILDREN
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| 35.1
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| Definition of "child"
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| 36
| (1)
| Obligation to support children
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| (2)
| Child of spouse
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| (3)
| Child of cohabiting person
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| (4)
| Person standing in loco parentis
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| (5)
| Repealed
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| FINANCIAL DISCLOSURE
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| 36.1
| (1)
| Financial disclosure
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| (2)
| Penalty
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| 37
| (1)
| Child support order
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| (2)
| Child support guidelines apply
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| (3)
| Terms and conditions
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| (4)
| Costs
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| (5)
| Obligation continuing after death
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| (6)
| Agreement etc. taken into account
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| (7)
| Reasons
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| (8)
| Consent orders
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| (9)
| Reasonable arrangements
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| 37.1
| (1)
| Priority to child support
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| (2)
| Reasons
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| (3)
| Consequences of reduction or termination of child support order
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| 37.2
| (1)
| Application to vary, rescind or suspend order
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| (2)
| Terms and conditions
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| (3)
| Factors for child support order
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| (4)
| Child support guidelines apply
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| (5)
| Subsections 37(6) to (9) and section 37.1 apply
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| (6)
| Combined order
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| (7)
| Repealed
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| 38
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| Repealed
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| 39
| (1)
| Joint rights of parents in children
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| (2)
| Either parent may apply for custody of child
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| (2.1)
| Best interests of child
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| (3)
| Evidence re conduct of parent
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| (4)
| Access of parent to school and medical records
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| (5)
| Exception
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| CHILD SUPPORT SERVICE
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| 39.1
| (1)
| Child support service
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| (2)
| Appointing child support service
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| (3)
| Effect of recalculation
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| (4)
| Liability
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| (4.1)
| Suspension
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| (5)
| Right to vary
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| (5.1)
| If no application to vary made
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| (6)
| Effect of application to vary
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| (7)
| Withdrawal of application
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| 39.1.1
| (1)
| Child support service may request information
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| (2)
| Service of request for information
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| (3)
| Information to be provided
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| (4)
| If information not provided
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| (5)
| Information order
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| (5.1)
| Deemed income
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| (6)
| Crown bound
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| REGULATIONS
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| 39.2
| (1)
| Regulations
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| (2)
| Guidelines
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| (3)
| Child support service
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| 40
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| Repealed
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| PART V
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| PROCEDURE
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| DIVISION 1
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| PRACTICE AND PROCEDURE
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| 40.1
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| Application of Division 1
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| 41
| (1)
| Jurisdiction of Queen's Bench
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| (2)
| Jurisdiction of Provincial Court
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| 42
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| Practice and procedure
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| 42.1
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| 43
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| Interim order
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| 44
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| Ex parte interim order
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| 45
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| Review of order
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| 46
| (1)
| Application to vary or discharge order
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| (2)
| Order to vary or discharge
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| (3)
| Effective date of order
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| 46.0.1
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| Compensatory payment
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| DIVISION 2
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| 46.1 to 46.5
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| Repealed
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| DIVISION 3
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| GENERAL PROVISIONS
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| 47
| (1)
| Spouse a compellable witness
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| (2)
| Counsellor not a compellable witness
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| 47.1
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| Affidavits and transcripts
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| 48
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| Consent orders
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| 49
| (1)
| Information as to address
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| (1.1)
| Service of application
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| (1.2)
| Assessing risk of domestic violence or stalking
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| (2)
| Compliance with the order
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| (3)
| Crown bound
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| 50
| (1)
| Penalty
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| (1.1)
| Penalty re order under clause 10(1)(c) or (d)
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| (2)
| Imposition of penalty
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| 51
| (1)
| Appeals
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| (2)
| Effect of appeals
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| PART VI
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| ENFORCEMENT OF MAINTENANCE ORDERS
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| DEFINITIONS
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| 52
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| Definitions
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| COMMENCING ENFORCEMENT
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| 53
| (1)
| Automatic application of enforcement provisions
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| (2)
| Non-application to prior maintenance orders
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| (3)
| Subsequent opting into or out of enforcement provisions
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| (3.1)
| Separation agreement
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| (3.2)
| Repealed
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| (3.3)
| Effect of filing
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| (3.4)
| Notice
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| (3.5)
| Withdrawal
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| (3.6)
| Renewal
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| (4)
| Income assistance recipients
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| (5)
| Default under other orders
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| DOCUMENTS REQUIRED
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| 53.0.1
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| Requirement for signed court order
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| 53.0.2
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| Completed registration documents required
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| 53.0.3
| (1)
| Opting out of enforcement deemed
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| (2)
| Subsequent opting into enforcement
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| REFUSAL TO ENFORCE ORDER
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| 53.0.4
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| Refusal to enforce order
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| 53.1
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| Clarification of maintenance order
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| MAINTENANCE PAYMENTS TO DESIGNATED OFFICER
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| 54
| (1)
| Payments remitted to designated officer
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| (1.1)
| Payment to creditor
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| (1.2)
| When payment to creditor not issued
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| (2)
| Records
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| (2.1)
| Designated officer may specify manner of payment
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| (2.1.1)
| Interest
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| (2.1.2)
| Money received for creditor's benefit not attachable
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| (3)
| Certificate of designated officer
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| ENFORCEMENT BY DESIGNATED OFFICER
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| 55
| (1)
| Designated officer to take action on default
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| (2)
| Designated officer may request information
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| (2.0.1)
| Access to information or databanks
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| (2.1)
| Parties to provide information
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| (2.2)
| Information that may be disclosed
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| (2.3)
| Information to be provided
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| (2.4)
| Service of request for information
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| (2.4.1)
| Service of certain requests by fax
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| (2.5)
| Designated officer's options if no compliance
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| (2.6)
| Information or reporting order
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| (3)
| Crown bound
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| (3.1)
| Offence re statutory declaration
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| (4)
| Designated officer may initiate action
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| COURT ACTION
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| 56
| (1)
| Screening proceedings before the deputy registrar
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| (1.1)
| Debtor in default
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| (2)
| Action by deputy registrar
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| (3)
| Repealed
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| (4)
| Hearing re order made under clause (2)(e)
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| (5)
| Order remains in force
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| (6)
| Arrears due if default in payment plan
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| 57
| (1)
| Enforcement proceedings before judge or master
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| (1.1)
| Debtor in default
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| (2)
| Repealed
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| (3)
| Powers of judge or master
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| (3.1)
| Imprisonment served intermittently
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| (3.2)
| Burden of proof under clause (3)(a)
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| (3.3)
| Arrears due if default in payment plan
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| (4)
| Additional penalties
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| (4.1)
| Continuation of adjourned hearing
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| (5)
| Disposition of security
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| (6)
| Imprisonment for default in security
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| (7)
| Appeal from master to Q.B. judge
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| (8)
| Late payment hearing
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| 57.1
| (1)
| Warrant by deputy registrar
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| (2)
| Warrant by judge or master
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| 57.2
| (1)
| Definitions
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| (2)
| Debtor to be brought before justice
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| (3)
| Release on undertaking
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| (4)
| Release on recognizance
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| (5)
| Order for detention
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| 57.3
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| Appeal
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| 58
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| Effect of imprisonment
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| SUPPORT DEDUCTION NOTICES
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| 58.1
| (1)
| Only designated officer may issue support deduction notice
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| (2)
| Continuing effect of support deduction notice
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| (3)
| All jointly held money bound by support deduction notice
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| (4)
| Response by person required to pay
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| (5)
| Copy of support deduction notice given to debtor
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| (6)
| Copy of notice given to joint money holders
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| (7)
| Person required to pay to remit deducted money
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| (8)
| Exemption
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| (9
| Calculation of exemption if wages and pension benefits received
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| (10)
| Application to Queen's Bench by debtor to vary exemption
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| (11)
| Limitation on variation exemption
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| (12)
| Appeal of exemption order
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| (13)
| Order re appeal
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| (14)
| Enforcement against person required to pay
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| (15)
| Application to Queen's Bench to determine interests
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| (16)
| Time limit for application re jointly held money
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| (17)
| Notifying designated officer if debtor leaves employment
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| (18)
| Support deduction notice may be adjusted, etc.
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| (19)
| Duration of support deduction notice
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| (20)
| Priority of support deduction notice
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| (21)
| Deemed garnishment
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| (22)
| Crown bound
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| ADDITIONAL ACTIONS
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| 59
| (1)
| Filing order in Land Titles Office
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| (2)
| Exemptions
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| (3)
| Application of Garnishment Act
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| 59.1
| (1)
| Definition of "registrar"
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| (2)
| Notice of possible action under Highway Traffic Act
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| (3)
| Content of notice
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| (4)
| Service of notice
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| (5)
| Hearing before judge or master
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| (6)
| Notice to registrar of non-compliance
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| (7)
| Proposal for payment of arrears
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| (8)
| Notice to registrar of compliance
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| (9)
| Repealed
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| 59.2
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| Where debtor not served
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| 59.3
| (1)
| Designated officer may apply for preservation order
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| (2)
| Criteria for preservation orders
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| (3)
| Preservation orders
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| (4)
| Order made without notice
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| 59.4
| (1)
| Designated officer may file financing statement
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| (2)
| Lien and charge
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| (3)
| Perfection on registration under Personal Property Security Act
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| (4)
| Effect of registration under Personal Property Security Act
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| (5)
| Priority of lien and charge
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| (6)
| Priority of certain prior purchase money security interests
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| (7)
| Priority of lien for tax collected and not remitted
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| 59.5
| (1)
| Definitions
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| (2)
| Authorized employee
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| (3)
| Authorized employee may search designated officer's records about debtors
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| (4)
| Corporation obtains name and identifying information about claimant
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| (5)
| Corporation searches records about debtors
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| (6)
| If claimant listed in records about debtors
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| (7)
| Substitution of lottery prize
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| (8)
| Enforcement proceedings re lottery prize
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| (9)
| Confidentiality
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| (10)
| Immunity for acts in good faith
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| (11)
| Repealed
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| 60
| (1)
| Appointment of receiver
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| (2)
| Appointment of receiver without formal application
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| (3)
| Exemptions under Garnishment Act
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| 60.1
| (1)
| Assets of a corporation or other person
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| (2)
| Application to Court of Queen's Bench
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| (3)
| Application without notice
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| (4)
| Order
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| RECOVERY AND REMISSION OF ARREARS
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| 61
| (1)
| No time limitation on enforcement of arrears
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| (2)
| Death of debtor
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| (3)
| Death of creditor
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| (4)
| Remission of maintenance payments
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| IMMUNITY
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| 61.1
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| Immunity for acts or omissions in good faith
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| SUSPENSION OF ENFORCEMENT OF MAINTENANCE
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| 61.2
| (1)
| Definition
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| (2)
| Application by debtor to suspend enforcement of maintenance payments
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| (3)
| Serving application for suspension order
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| (4)
| Criteria for initial suspension order
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| (5)
| Period and terms of suspension order
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| (6)
| Further suspension order if variation application
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| (7)
| Expiry of suspension order
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| (8)
| Application for further suspension order
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| (9)
| Further suspension order if serious harm
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| (10)
| Contents of suspension order under subsection (9)
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| (11)
| Previous enforcement actions not affected by suspension order
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| (12)
| Effect on existing support deduction notice or garnishing order
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| (13)
| Actions not affected by suspension order
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| (14)
| Terminating previous suspension order
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| 61.3 and 61.4
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| REGULATIONS
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| 61.5
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| Regulations
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| PART VII
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| GENERAL
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| 62
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| Rights are additional
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| 63
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| Limitation period
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| 64
| (1)
| Definitions
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|
| (2)
| Order or agreement assignable
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| (3)
| Notice of assignment
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| (4)
| Rights of director
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